Terms of Use

These Terms of Use (these "Terms") are a legally binding agreement between users you ("you, your") and Hashtag Inovatsii EOOD, legal address: Alabin №58 office 4.2, Sofia, Bulgaria ("we", “our” or "us"), which regulates the conditions and rules of use of our App (App, Software)

Agreement to terms

Before using our App, please carefully read the terms of use of the Software and the privacy notice. If you don't agree with these Terms and privacy notice, you are prohibited from using the Software and must discontinue use immediately.

By accessing or registering the App, you confirm that you agree to be legally bound by and to comply with the Agreement. If you disagree with the Terms, stop accessing the App.

By using the App, you message to us that:

• you have read, understand, and have the legal capacity to enter into the Agreement and the privacy notice.
• you are more than 16 years old and agree to these terms of use and privacy notice for you).
• you are solely responsible for keeping your login IDs, passwords, and other means of access to the App confidential and secure from unauthorized use;

If you don’t accept and agree to these Terms of Use and privacy notice, you must immediately stop using our App.

You use the App based on “as is” and as you currently see it. We don’t give any guarantees and are not responsible for not meeting your expectations, hopes, or assumptions from using our App.

We may modify these Terms from time to time. The updated version of these Terms of Use will be effective as soon as it is accessible. You are responsible for reviewing these Terms to stay informed of updates. Your continued use of our service represents that you have accepted such changes.

These Terms, privacy notice, and other supplemental terms and conditions or documents that may be posted on the App occasionally are expressly incorporated by reference.

Specific restrictions

We do not provide services to the App to individuals from the Republic of Belarus, the Russian Federation, occupied regions of Ukraine (including the Autonomous Republic of Crimea as an administrative part of Ukraine), the Republic of Cuba, the Islamic Republic of Iran, the Democratic People’s Republic of Korea (DPRK), the Republic of Sudan, the Syrian Arab Republic, and the Bolivarian Republic of Venezuela.

We do not engage in any business with companies owned by or affiliated with the citizens of the listed countries and territories.

We reserve the right to terminate the Agreement without compensation or refund and deny the use of the App to anyone who supports aggression against Ukraine, such as paying taxes or fees to the aggressor country or is affiliated with countries promoting aggression against Ukraine.

Use of the App and its functions

We provide users with our App to track the number of calories consumed.

End-user license agreement (EULA)

Under these Terms, we grant you a personal, worldwide, revocable, non-transferable, and non-exclusive license to access and use the App for private and non-commercial purposes.

This license is for the sole purpose of enabling you to enjoy the App's benefits, as stated herein, and for your personal use only.

Under this license, it is prohibited to use the App or any of its materials, including but not limited to parts of it, for commercial or promotional purposes without our prior written consent.

User has no right:

• copy or reproduce the App or any part of the App other than under the license granted in this Agreement;
• sell, resell, rent, lease, loan, supply, distribute, redistribute, publish, or republish the App or any part of the App;
• modify, alter, adapt, translate or edit, or create derivative works of the App or any part of the App;
• reverse engineer, decompile, or disassemble the App or any part of the App;
• copy, modify, transmit, distribute, publicly display, demonstrate, create any derivative works (products); use or in any way reproduce any copyrighted materials, images, screenshots, trademarks, trade names, proprietary information, service marks, and other objects of intellectual property available on the App;
• this list is not exhaustive

Subscriptions and charges

The cost and type of subscription are available to users in the App. The subscription is purchased through the Apple Pay or Google Pay payment system. Apple Store and Google Play rules regulate refund orders for subscription purchases. Learn more about refunds on Google Play here and Apple Pay here.

Some of our subscriptions include a free trial period, where you can experience the mobile application at no cost. Subscription with the free trial period will automatically renew to a paid subscription once your free trial expires. If you decide to unsubscribe from a paid subscription before Apple Pay or Google Pay starts charging your payment method, cancel the subscription before the free trial ends.

Payment will be charged to your credit/debit card through your App Store (Apple ID) or Google Play account. You choose one of our subscriptions and confirm your purchase. Paid subscriptions automatically renew unless auto-renew is turned off until cancelled in the Manage Subscriptions section of your account settings.

Learn more about managing your subscriptions on the Apple App Store here.

Cancel a subscription to the Google Play. Unless you unsubscribe, you’ll be charged at the beginning of each billing cycle according to your subscription terms (for example, weekly, annually, or another period).

Important! When you uninstall the app, your subscription won't cancel.

• On your Android device, go to subscriptions in Google Play.
• Select the subscription you want to cancel.
• Tap Cancel subscription.
• Follow the instructions.

Tip! If you have a subscription with an app and the app gets removed from Google Play, your future subscription will be cancelled. Your past subscriptions can’t be refunded, with some exceptions as specified in this article or Google Play’s refund policies.

Learn more about how to manage your subscriptions on Google Play here.

Fee Changes

We may modify the subscription fees at its sole discretion and at any time. Any subscription fee change will become effective at the end of the then-current Billing Cycle.

We will provide you with reasonable prior notice of any change in subscription fees to allow you to terminate your subscription before such change becomes effective.

Your continued use of the App after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.

If a user cancels a subscription and then decides to subscribe again, this user will be offered a new subscription fee.

Third parties’ Website and services 

The App may depend on or contain links to other websites and services.

Access to and use of other websites and services we do not control are governed by third parties and do not fall under these Terms.

We are not responsible for the content, functions, and services offered through third-party websites or services and for any loss, damage, or other liabilities incurred due to your use of such websites, services, and their content or functions. We do not control the features available or accessed through them.

You acknowledge that other terms of service (or equivalents) and privacy policies (or equivalents) apply to your use of third-party websites, services, and their content or functions.

We expressly disclaim any responsibility or liability for any material communicated by such third-party websites and services or for any loss or damage incurred due to the use thereof.

Indemnification  

You agree to defend, indemnify, and hold us harmless and our licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

• any breach by you of any of these Terms;
• your use or misuse of the App or Content;
• a violation by you of applicable law, third party’s intellectual property or other rights, any agreement or terms with a third party to which you are subject.

We reserve the right to handle our legal defense however we see fit, including instances when you indemnify us. Therefore, you agree to cooperate with us to execute our strategy.

Limitation Of Liability 

In no event shall we, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• your access to or use of or inability to access or use the App;
• any conduct or content of any third party on the App;
• any content obtained from the App and
• unauthorised access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose;
• violations by users or third parties of the rights to the intellectual property of third parties admitted using our App;
• cases where the functionality of the app is disrupted or limited as a result of a malfunction of a mobile device, Internet provider, or mobile operator App;

Disclaimer 

Your use of the software is at your sole risk. The software is provided on an "AS IS" and "AS AVAILABLE" basis. The software is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

We  don’t warrant that the software will function uninterrupted, secure, or available at any particular time or location;

• any errors or defects will be corrected;
• the software is free of viruses or other harmful components or
• the results of using the software will meet your requirements.

Some jurisdictions don’t allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Personal data

We collect and process your data to provide our software in using the app. The privacy notice section describes how your data can be collected, processed, and transmitted.

User guarantees

By using or visiting our App, you guarantee the following:

• the compliance with age restrictions;
• that you will use the app for personal use;
• that you have all the powers (competence and legal capacity) required by law to accept these terms.
• that you will not use the software for fraud, other atrocities, insults defaming the honour and dignity of other users, distributing obscene content, distributing pornographic content, unapproved collection, process, and distribution of personal data of other users;
• not to violate the terms and conditions established by this agreement;
• not to violate the rights of other users, including but not limited to the intellectual property rights of third parties.
• that you will not pass malicious software.

App Rules

By using our App, you agree to comply with the rules outlined in this document, including but not limited to the following prohibited activities.

You're not supposed to:

• use the service for fraudulent activities;
• threaten, humiliate, harass, harm the reputation, and insult other users, your customers, and counterparties; violate the rights of other users, as well as persons who are not users of the service;
• create more than one account;
• collect, process, and distribute personal data of other users;
• transfer logins and passwords from your account to third parties;
• impersonate other users and publish content that does not belong to you;
• use the service to cause harm to third parties;
• perform any other actions that contradict UK, EU, USA  legislation, international legislation, as well as moral values and common sense;
• upload viruses or other malicious code or otherwise violate the security of the service;
• hack, guess passwords to user accounts;
• use the service to sell sexual services;

We have the right to delete, restrict access, or block content or the account as a whole for non-observance of the terms and conditions in this document.

Dispute resolution and applicable law

All disputes or disagreements arising under this Agreement or in connection with it, the parties will endeavour to resolve through negotiations.

In case of failure to reach an agreement on the peaceful settlement of the dispute, the dispute shall be resolved in the national court of Bulgaria, Sofia city using the rules of jurisdiction provided for by procedural legislation.

This Agreement will be governed by and construed following the law of Bulgaria and EU, without the application of conflict of laws rules. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Treaty.

Users' complaints and claims are accepted to the email address traykovaevgeniya@gmail.com. Our support app will contact you in the shortest lines. The time limit for considering a complaint or claim is 14 days.

Suppose a court of competent jurisdiction finds any provision of this Terms, or a portion thereof, unenforceable. In that case, that provision shall be enforced to the maximum extent permissible to affect the intent of this Terms, and the remainder shall continue in full force and effect. A printed version of these Terms shall be admissible in judicial or administrative proceedings.

Termination

Termination by Us. We reserve the right at our sole discretion to modify, suspend, or discontinue the App, content, features, or offers available via the App at any time in the following cases:

• your violation of the Terms;
• attempts to inflict damages on the reputation or normal work of the App;
• other cases expressly stipulated in the Terms.

We reserve the right to take whatever lawful actions we deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension, cancellation, or termination of your license (in whole or in particular part) and access to the account to the App.

We will cooperate with legal authorities or third parties to investigate any suspected or alleged crime or civil wrong.

Termination by You. You may terminate the Terms with us by cancelling your Account and stopping accessing the App.

Consequences of the Termination. If the agreement is terminated, all permissions and licenses under these Terms will immediately terminate without our obligation to provide refunds.

Terms of use changing

We are constantly working on the development of our service, as well as the services that we provide, for more convenient and comfortable use. Therefore, the service use policy may be changed occasionally and supplemented by new provisions.

When the terms change, we will notify you in advance of such changes so that you can familiarize yourself with the new terms and conditions.

Miscellaneous

The company may freely assign its rights and/or obligations under this agreement without the user's consent. Save as expressly provided in this agreement, the users must not assign, transfer, charge, license, or otherwise dispose of or deal in this agreement and/or any of its rights and/or obligations.

Upon termination, all provisions of these Terms, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

All claims between the parties related to these Terms will be litigated individually. The parties will not consolidate or seek class treatment for any claim unless previously agreed to in writing by the parties.

Contacts for use by users: traykovaevgeniya@gmail.com.