HEALTH CULTURE TERMS AND CONDITIONS
Thank you for using our products and APP (the “APP”). This Terms and Conditions agreement (“Agreement” or “Terms”) sets forth the legally binding terms for your use of the APP. This Agreement is accepted by your accessing and/or use of the APP. You may not access and/or use the APP or accept the Agreement if you are not at least 18 years old. By accessing and/or using the APP, you represent and warrant that you have the right, authority, and capacity to enter into the Agreement and to abide by all of the terms and conditions set forth herein. If you do not agree with all provisions of this Agreement, you should not register with HEALTH CULTURE.
About HEALTH CULTURE
The Service is available on the iPhone App Store as “HEALTH CULTURE” The purpose of HEALTH CULTURE is to help users to create, plan and maanage their workouts and meals.
Using our APP
In order to use certain features of the APP, you must register for an account with HEALTH CULTURE (“HEALTH CULTURE Account”) and provide certain information about yourself as prompted by the registration form. The APP is only available for your private use and is not intended for commercial use. Do not misuse the APP, so that either HEALTH CULTURE or anyone else is harmed in any way. You may only use the APP as permitted by law and these Terms. By using our APP, you represent and warrant that:
All required registration information you submit is truthful and accurate;
You will maintain the accuracy of such information;
Your use of the Service does not violate any applicable law or regulation or the terms of this Agreement;
You are solely responsible for all activities on your account and all the content that is uploaded and/or created under your HEALTH CULTURE account (“User Material”);
HEALTH CULTURE does not monitor the contents of the APP, but may at any time choose, at its sole discretion, to remove User Material from the APP and/or your user account and to terminate your account and membership;
Your membership, including your email and password, with HEALTH CULTURE is personal and may not be transferred or used by someone else. You are responsible for storing your login details in a safe manner. HEALTH CULTURE is not in any way responsible for any loss or damage caused by unauthorized access to your account or use of your login details. If you learn of or suspect any unauthorized use of your account, you must immediately inform HEALTH CULTURE. Contact details are available at the bottom of this document;
Violation of any of these Terms will lead to a direct termination of your user account and subscription. If you violate these terms, you will not get a refund;
You may not engage in any commercial activities, advertise and/or provide hints (such as links) on where commercial activities are present through our APP;
You may not contribute with any propaganda, religious and/or political views, or contribute with information which in any way contains or involves incitement to racial hatred, child pornography or pornography through the use of our APP. Further, you may not defame, harass or offend other people through the use of our APP;
If you have any criticism or feedback regarding HEALTH CULTURE or our APP, to firstly contact HEALTH CULTURE to help us to improve our APP;
You may not transmit, and/or distribute files that may damage HEALTH CULTURE or others’ computers or property (such as viruses and trojan horses);
You may not share others’ personal information, without their approval;
HEALTH CULTURE reserves the right to contact you using email, smartphone app notifications or other media that is related to your account with HEALTH CULTURE;
You may not use the APP to collect, upload, transmit, display, or distribute any User Content that (i) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (iii) in violation of any law, regulation, or obligations or restrictions imposed by any third party;
You may not upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data;
You may not send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
You may not harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
You may not interfere with or disrupt servers or networks connected to the APP or violate the regulations, policies or procedures of such networks;
You may not attempt to gain unauthorized access to the APP, other computer systems or networks connected to or used together with the APP, through password mining or other means;
You may not attempt to access or search the Site, Content, or APP with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by HEALTH CULTURE or other generally available third party web browsers;
You may not forge any TCP/IP packet header or any part of the header information in any email or posting;
You may not attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Content, or APP;
You may not access, tamper with, or use non-public areas of the Site, HEALTH CULTURE’s computer systems, or the technical delivery systems of HEALTH CULTURE’s providers;
You may not attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
You may not in any way use the Site, Content or APP to send altered, deceptive or false source-identifying information;
You may not harass or interfere with another user’s use of the APP.
You can at any time choose to cancel your account at your convenience. Please note that uninstalling the mobile application or closing your account will not automatically stop your subscription — you must actively cancel the subscription. Please note that if you have subscribed to HEALTH CULTURE through the use of App Store or any other such service provider, you can only cancel your subscription through the use of their APP. Special terms and conditions apply to HEALTH CULTURE Premium.
ALL INFORMATION CONTAINED ON THE APP (INCLUDING THE SITE, APPS, AND CONTENT), INCLUDING NUTRITION INFORMATION, INGREDIENTS, AND INFORMATION RELATING TO MEDICAL AND HEALTH CONDITIONS IS FOR INFORMATIONAL PURPOSES ONLY AND NOT PROVIDED AS MEDICAL ADVICE.
WHILE HEALTH CULTURE TRIES TO KEEP THE INFORMATION AS ACCURATE AS POSSIBLE, HEALTH CULTURE DOES NOT ASSUME ANY LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS, WHETHER BASED ON MANUFACTUER INFORMATION, THIRD PARTY INFORMATION, HEALTH CULTURE USERS’ INFORMATION OR ON RATINGS AND ASSESMENTS GENERATED BY HEALTH CULTURE. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS ON THE ACTUAL PRODUCT PACKAGING AND LABELS, INCLUDING NUTRIENT CONTENT, INGREDIENTS, FOOD ALLERGEN AND CONTACT INFORMATION, AND HEALTH CLAIMS, BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER DIRECTLY.
INFORMATION ON THIS SERVICE MAY BE CHANGED OR UPDATED WITHOUT NOTICE. INFORMATION MAY BE OUT OF DATE AT ANY GIVEN TIME SINCE HEALTH CULTURE HAS NO OBLIGATION TO UPDATE INFORMATION ON THIS SERVICE. YOU ASSUME FULL RESPONSIBILITY FOR USING THE INFORMATION ON THE APP, AND YOU UNDERSTAND AND AGREE THAT HEALTH CULTURE IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE RESULTING FROM USE OF THIS SERVICE.
No Medical Advice
HEALTH CULTURE is not responsible for your health. HEALTH CULTURE is not a medical organization and we will not provide you with any medical advice or diagnosis. The purpose of the APP is solely to help our users create, plan and manage their workouts and meals plans.
THE INFORMATION PROVIDED ON THE APP IS FOR EDUCATIONAL PURPOSES, IS NOT TO BE USED AS THE BASIS FOR TREATMENT OF ANY CONDITION OR ILLNESS, AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS CONTACT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW TREATMENT OR WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NOTHING CONTAINED IN OUR APP IS INTENDED OR IMPLIED TO BE FOR MEDICAL DIAGNOSIS OR TREATMENT. THIS SERVICE DOES NOT CONSTITUTE AN ATTEMPT TO PRACTICE MEDICINE NOR DOES IT ESTABLISH A DOCTOR-PATIENT OR HOSPITAL PATIENT RELATIONSHIP.
This section only applies when you purchase and/or subscribe to HEALTH CULTURE Premium or other paid products. By paying the subscription fee you get access to HEALTH CULTURE Premium during the time your subscription is valid, subject to these Terms.
All subscriptions with HEALTH CULTURE Premium are paid in advance. You may at any time terminate your membership, in which case your membership will still be valid for the subscription time you have already paid for. If you have subscribed to HEALTH CULTURE through the use of App Store or any other such service provider, using in-app purchase, you can only cancel your subscription through the use of their APP. Subscription fees can be found on the mobile application. Special terms and conditions may apply. HEALTH CULTURE reserves the right to change the subscription fees from time to time.
You hereby consent to start using the APP immediately upon subscribing with HEALTH CULTURE Premium or other paid products. This means that you will only have 14 days to withdraw from the contract with HEALTH CULTURE Premium from the date you receive confirmation of your subscription via email if you do not start using the APP during that period. All payments handled by Apple, such as in-app purchases, can only be refunded by Apple and with Apple’s consent. You can contact Apple at http://support.apple.com/kb/ht4098. Default in payment shall not be deemed as a termination of an HEALTH CULTURE Premium subscription.
Subscriptions Through Third Parties
If you subscribed through third-parties (e.g, Sweatcoin & Miles) and wish to cancel your Premium access subscription please send us an email at contact@HEALTH CULTURE.com.
You can cancel your recurring subscription anytime before your next bill date, and there are no cancellation fees. Please note that if you have already been charged for the next billing cycle, we cannot refund you for the subscription.
All rights in and to the APP, including any trademarks, service marks, trade names and content (collectively “Intellectual Property”) presented within the Service are the property of HEALTH CULTURE and/or third parties. You agree not to use Intellectual Property for any other purposes except for your use of the Service, unless required otherwise by applicable mandatory law.
By submitting User Material to HEALTH CULTURE, you hereby affirm, represent, and warrant that (a) you own, or have the necessary licenses, rights, and/or consents to use Your User Content with the APP as described herein; (b) Your User Content does not infringe any copyright or any other intellectual property right of any third party; (c) Your User Content, and HEALTH CULTURE’s exercise of its rights hereunder, do not and will not violate, misappropriate or infringe any intellectual property right, including but not limited to trademark rights, copyrights, moral rights and publicity rights of any third party; (d) you possess all rights necessary for the reproduction, distribution, transmission, public performance, public display, and other exploitation of Your User Content by HEALTH CULTURE as permitted hereunder; (e) Your User Content is not pornographic, obscene, libelous, defamatory, tortious, or otherwise unlawful; (f) all factual statements submitted by you are accurate and not misleading; and (g) Your User Content does not in any other way violate the Using our APP Policy. You agree to grant HEALTH CULTURE a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use User Material to the extent necessary for HEALTH CULTURE to operate and maintain the Service. This license shall remain valid until the respective User Material is deleted from the Service by you or by HEALTH CULTURE in accordance with these Terms.
Disclaimer and Limitation of Liability
YOU USE THE APP AT YOUR OWN RISK. THE APP INFORMATION ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, HEALTH CULTURE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, WARRANTIES OF NONINFRINGEMENT, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE HEALTH CULTURE APP, OR WITH REGARD TO ANY INFORMATION OR SERVICE PROVIDED THROUGH THE HEALTH CULTURE APP. EXCEPT AS OTHERWISE EXPRESSLY SPECIFIED, HEALTH CULTURE DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, APP OR OTHER INFORMATION PROVIDED THROUGH THE HEALTH CULTURE APP OR ON THE INTERNET GENERALLY. IN NO EVENT WILL HEALTH CULTURE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE HEALTH CULTURE APP. IN NO EVENT SHALL HEALTH CULTURE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SERVICE, OR SITES ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. HEALTH CULTURE DOES NOT ASSUME ANY RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS, INCLUDING USER MATERIAL, WHICH ARE REFERENCED BY OR LINKED TO.
For the sake of clarity, HEALTH CULTURE doesn’t undertake the obligation to monitor the contents of User Material.
You are not entitled to assign your rights and/or obligations under these Terms or use of the Service to any third party without HEALTH CULTURE’s prior written consent. HEALTH CULTURE is entitled to assign its rights and/or obligations under these Terms.
HEALTH CULTURE reserves the right to refuse the Service to anyone for any reason at any time. HEALTH CULTURE may revise these Terms from time to time and the most current version will always be posted on HEALTH CULTURE website (https://www.healthcultureapp.com/terms-of-use/). Any and all material changes shall become into effect between you and HEALTH CULTURE upon your acceptance of such changes (e.g., by using the APP after such notification has been made to you or renewing your subscription).
HEALTH CULTURE reserves the right, at its sole discretion, to modify the Site or APP or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site, on the mobile application or provide you with notice. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the APP after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the APP.
Governing Law and Dispute Resolution
These Terms and the use of the APP are governed by and interpreted in accordance with the laws of Republic of Bulgaria, without giving effect to any principles of conflicts of laws. Parties hereby agree that any action at law or in equity arising out of or relating to these Terms and Conditions or the application shall be filed, and that venue properly lies, only in the Court of Sofia, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
You and HEALTH CULTURE agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the APP (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and HEALTH CULTURE are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and HEALTH CULTURE otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the Terms of the “Disclaimer and limitation of liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Changes. Notwithstanding the provisions of the “Modification” section above, if HEALTH CULTURE changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and HEALTH CULTURE in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to these Terms or the sites must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
Waiver and Severability
No waiver of by HEALTH CULTURE of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of HEALTH CULTURE to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
The Terms constitute the sole and entire agreement between you and HEALTH CULTURE with respect to the APP and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the APP.
If you have any questions about these Terms and Conditions, please contact HEALTH CULTURE at firstname.lastname@example.org
APP OWNER: DRAGOMIR KRASTEV
ADDRESS: Vazrajdane bl.57, en2, fl2, ap.31
Last updated date: 28 Jan 2022