Terms and conditions of use

1. Acceptance of terms

1.1. The provisions of these terms and conditions of use (the "Terms") govern the relationship between you and Anoda Mobi (reg. No. HE 385565) with registered office at Serpova 4a, office 1, Kharkiv, xUkraine 61009 ("we", "us", "our" or the "Company") regarding your use of the Company’s mobile applications, websites and related services (the “App” or "Service"), including all information, text, graphics, software, and services, available for your use (the “Content”).

1.2. These Terms establish a legally binding contractual relationship between you and the Company. For this reason, please read the terms carefully before using the service.

1.3. Please review also our Privacy Policy. The terms of the Privacy Policy and other supplemental terms, policies or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.

1.4. Any translation from English version is provided for your convenience only. In the event of any difference in meaning or interpretation between the English language version of these Terms available at https://betterme.world/terms, and any translation, the English language version will prevail. The original English text shall be the sole legally binding version.

1.5. Unless otherwise expressly provided herein, we will alert you about any changes by updating the "Last updated" date of these Terms and you waive any right to receive specific notice of each such change.

1.6. These terms contain important disclaimers (section 2), disclaimer of warranties (section 8), limitation of liability (section 9), as well as provisions that waive your right to a jury trial, right to a court hearing and right to participate in a class action (arbitration and class action waiver in section 12). unless you opt out within 30 days of first use of our service as provided for in section 12, arbitration is the exclusive remedy for any and all disputes and is mandatory except as specified below in section 12.

1.7. If you do not agree with any part of these terms, or if you are not eligible or authorized to be bound by these terms, then do not download the app or otherwise access or use the service.

2. Important disclamers

2.1. The company does not offer or provide any kind of medical advice, health insurance or other healthcare service, including without limitation, any counseling, testing, evaluation, prescription, procedure or therapy related to exercise, nutrition, weight loss or wellness or related to the avoidance, prevention, diagnosis or treatment of any injury, illness, disease or condition (collectively, "healthcare services").

2.2. The service may not be appropriate for all persons and is not a substitute for professional healthcare services. the service is intended only as a tool, which may be useful in achieving your overall health and fitness goals. you acknowledge that your diet and exercise activities involve risks, which may involve risk of bodily injury or death, and that you assume those risks. before accessing or using the service, and agree to release and discharge the company from any and all action, known or unknown, arising out of your use of the service.

2.3. You should consult with your physician or other qualified healthcare professional to determine whether the service would be safe and effective for you. you are expressly prohibited from accessing or using the service against medical advice or if doing so might pose any health risk. in this context, you acknowledge that you take full responsibility for your health, life and well-being, as well as the health, lives and well-being of your family and children (born and unborn, as applicable), and all decisions now or in the future.

2.4. To the maximum extent permitted by applicable law, you expressly agree that we are not providing medical advice via the service. all content provided through the service, whether provided by us or third parties (even if they are claiming to be a doctor) is not intended to be and should not be used in place of (i) the advice of your physician or other professionals, (ii) a visit, call or consultation with your physician or other medical professionals, or (iii) information contained on or in any product packaging or label. we are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the service. should you have any health related questions, please call or see your physician or other healthcare professional promptly. if you have an emergency, call your physician or your local emergency services immediately.

2.5. Your use of the service does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and the company.

2.6. The company does not assume any liability for inaccuracies or misstatements about food recipes, exercices or other content on the service. you should carefully read all information provided by the manufacturers of the food products, whether online or 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 food product, please contact the manufacturer directly.

2.7. We make no guarantees concerning the level of success you may experience, and you accept the risk that results will differ for each individual. the testimonials and examples that may be provided on the service are exceptional results, which do not apply to an average person, and are not intended to represent or guarantee that anyone will achieve the same or similar results. there is no assurance that examples of past fitness results can be duplicated in the future. we cannot guarantee your future results and/or success. nor can we guarantee that you maintain the results you experience if you do not continue following our programs.

2.8. Each individual's health, fitness, and nutrition success depends on his or her background, dedication, desire, and motivation. as with any health-related program or service, your results may vary, and will be based on many variables, including but not limited to, your individual capacity, life experience, unique health and genetic profile, starting point, expertise, and level of commitment. the use of the service should be based on your own due diligence and you agree that the company is not liable for any success or failure of your physique that is directly or indirectly related to the purchase and use of the service.

2.9. We assume no responsibility or liability for any loss or damage resulting from any interaction with other users who employ the services, individuals you meet through the services, or individuals who find you because of content posted on, by or through the services. We are under no obligation to become involved in and disclaims all liability related to any disputes between our users and you release us from all responsibility and liability arising out of or in connection with such dispute.

2.10. In addition to all other limitations and disclaimers in these terms, the company disclaims any liability or loss in connection with the content provided on the service. you are encouraged to consult with your doctor and other relevant professionals with regard to the information contained on or accessed through the service.

3. Service

3.1. You acknowledge that all the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information), data, other content, software and materials displayed on the Service or used by the Company to operate the Service (including the App and the Content and excluding any User Content (as defined below)) is proprietary to us or to third parties.

3.2. The Company expressly reserves all rights, including all intellectual property rights, in all of the foregoing, and except as expressly permitted by these Terms, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other exploitation of them is strictly prohibited. The provision of the Service does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights.

3.3. The information you submit to us as part of your registration, and any data, text and other material that you may submit or post to the App ("User Content") remain your intellectual property, and the Company does not claim any ownership of the copyright or other proprietary rights in such registration information and the User Content. Notwithstanding the foregoing, you agree that the Company may retain copies of all registration information and the User Content and use such information and the User Content as reasonably necessary for or incidental to its operation of the Service and as described in these Terms and the Privacy Policy.

3.4. You grant the Company the non-exclusive, worldwide, transferable, perpetual, irrevocable right to publish, distribute, publicly display and perform the User Content in connection with the Service.

3.5. Subject to these Terms, the Company grants you a non-transferable, non-exclusive, license (without the right to sublicense) to (i) use the Service solely for your personal, non-commercial purposes, and (b) install and use the App, solely on your own handheld mobile device (e.g., iPhone, Android, etc. as applicable) and solely for your personal, non-commercial purposes.

3.6. You agree, and represent and warrant, that your use of the Service, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Service or your use of it, and you will be solely responsible for your own individual violations of any such laws.

3.7. You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).

3.8. We retain the right to implement any changes to the Service (whether to free or paid features) at any time, with or without notice. You acknowledge that a variety of Company's actions may impair or prevent you from accessing the Service at certain times and/or in the same way, for limited periods or permanently, and agree that the Company has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or services.

3.9. Your access to and use of the Service is at your own risk. The Company will have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party, including, without limitation, any bodily harm, that results from your access to or use of the Service, or reliance on any information or advice.

3.10. The Company has no obligation to provide you with customer support of any kind. However, the Company may provide you with customer support from time to time, at the Company's sole discretion.

3.11. Community Guidelines.

We sometimes include community features, conversation pages, blogs in our Services. When you post content through these features that content may become public. We may, but do not always, monitor our community features, and ultimately you are responsible for your interactions with other users and our Services. You are solely responsible for any User Content you post, including the transmission, accuracy and completeness of the User Content. As some areas of the Service are often public, you understand your User Content may be made and remain public.

To maintain a safe and positive environment, you agree to follow certain rules (the “Community Guidelines”) when posting User Content and using the Services. By using the Services you agree that your User Content and use of the Services, will not violate the Community Guidelines. We prohibit providing, posting and transmitting to other users and our Service any kind of User Content that:

  • is patently abusive and offensive to the online community, such as User Content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, harasses or advocates harassment of another person;
  • promotes unsafe weight-loss techniques or eating disorders, dangerously low levels of eating;
  • promotes an illegal or unauthorized copy of another person's copyrighted work or protected by other intellectual property rights, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
  • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
  • infringes or violates another party's rights and/or applicable law in any other way (including, but not limited to, rights of privacy and publicity); and/or
  • any User Content that contains anything that, we in our sole determination, may determine is objectionable or inhibits any other person from using or enjoying the Services, or that may expose us or our users to any harm or liability of any kind.
  • If we determine you are violating the Community Guidelines or otherwise have breached the Terms, we may take actions to address the issue, including, but not limited to, terminating your right to use the Services, removing your User Content, taking legal action against you (in which case you agree that we may recover reasonable costs and attorneys’ fees) or disclosing information to law enforcement authorities. We reserve the right to enforce, or not enforce, these Community Guidelines in our sole discretion, and they don’t create a duty or contractual obligation for us to act in any particular manner.

3.12. Reporting Objectionable User Content.

We want to continue to be a safe and supportive environment to help you reach your fitness goals. Please respect everyone on the Service, don’t post objectionable content. If you spot anything objectionable, please let us know and report and flag it to the Support Team.

While we require all of our users to comply with the Community Guidelines and reserve the right to monitor for violations, we ultimately cannot guarantee all users will comply with the Community Guidelines or these Terms at all times. If you believe any Content submitted to our Services violates the Community Guidelines, or if you know or suspect someone is misusing your User Content. We have the right, but not the obligation, to review and take action or remove any User Content you report. You understand and acknowledge that when you access or otherwise use the Services, you may be exposed to User Content from a variety of sources, and we are not responsible for the accuracy, usefulness, safety, legality, appropriateness, or intellectual property rights of or relating to such User Content.

We are not responsible or liable for any injury or harm to you resulting from objectionable User Content or another user’s failure to comply with our Community Guidelines.

4. User representations and restrictions

4.1. By using the Service, you represent and warrant that:

  • you have the legal capacity and you agree to comply with these Terms;
  • make any unauthorized use of the Service;
  • make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Service;
  • use the Service for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
  • make the Service available over a network or other environment permitting access or use by multiple devices or users at the same time;
  • use the Service for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Service;
  • use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Service;
  • circumvent, disable, or otherwise interfere with security-related features of the Service;
  • engage in unauthorized framing of or linking to the Service;
  • interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service;
  • decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service;
  • attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service;
  • upload or distribute in any way files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
  • use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software;
  • use the Service to send automated queries to any website or to send any unsolicited commercial e-mail;
  • disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service;
  • use the Service in a manner inconsistent with any applicable laws or regulations;
  • or otherwise infringe these Terms.

5. Additional disclaimer of warranties

5.1. Basic Disclaimers of Warranties.

Except where otherwise inapplicable or prohibited by law to the fullest extent permitted by law, you expressly understand and agree that your use of the Service is at your sole risk, and the Service is provided on an "as is" and "as available" basis.

The Company or its affiliates, officers, employees, agents, partners, and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement as well as any and all warranties as to products or services offered by businesses listed on the service. The released parties make no, and expressly disclaim any warranty that:

  • the Service will meet your requirements,
  • the Service will be uninterrupted, timely, secure, or error-free,
  • the results that may be obtained from the use of the Service, including data, will be accurate or reliable,
  • the quality of any data or service available on the Service will meet your expectations,
  • and any errors in the service will be corrected.
  • Any material obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the use of any such material.

We cannot guarantee and do no promise any specific results from use of the App and/or the Service. You agree also to take the risks of interruption of the Service for any technical reasons.

5.2. Absence of Any Advice on the Service

Any statement that may be posted on the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice.

The Company makes no representations or warranties and, to the fullest extent permitted by law, expressly disclaims any and all liability relating to your reliance on the statements or other information offered or provided within or through the Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

5.3. Change of Website Information and Service

We may change all the information provided on the Service at our sole discretion without notice.

We may at any time modify or discontinue, temporarily or permanently, the Service (or any part thereof) at our sole discretion with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.

9. Mandatory binding arbitration and class action waiver

Please read this arbitration provision carefully to understand your rights.

  • all claims must be resolved through binding arbitration by a neutral arbitrator;
  • you are waiving the right to a trial by jury; the rights that you would have if you went to court, such as discovery or the right to appeal, may be more limited or may not exist;
  • you may only bring a claim in your individual capacity and not as a plaintiff (lead or otherwise) or class member in any purported class or representative proceeding;
  • the arbitrator may not consolidate proceedings or claims or otherwise preside over any form of a representative or class proceeding.

9.1. Mandatory Arbitration

This arbitration agreement provides that all disputes must be resolved through binding arbitration whenever you or we choose to submit or refer a dispute to arbitration. You and the Company, and each of our respective agents, corporate parents, subsidiaries, affiliates, predecessors in interest, successors, and assigns, agree to binding arbitration (except for matters that may be taken to small claims court), as the exclusive form of dispute resolution except as provided for below, for all disputes and claims arising out of or relating to these Terms (including the Privacy Policy) or the Service, unless you are located in a jurisdiction that prohibits the exclusive use of arbitration for dispute resolution. You agree that, by entering into these Terms, you and we are each waiving the right to a trial by jury or to participate in a class action.

9.2. Waiver of Class Action and Collective Relief

There shall be no right or authority for any claims to be arbitrated or litigated on a class action, joint or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other users of the Services, or any other persons. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual party’s claim. The arbitrator may not award relief for or against anyone who is not a party. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. This waiver of class actions and collective relief is an essential part of this arbitration provision and cannot be severed from it.

9.3. Arbitration Procedures

Any disputes arising out of or in connection with these Terms, including any questions regarding its existence, validity, or termination, shall be referred to and finally resolved by binding arbitration under the London Court of International Arbitration (“LCIA”) Rules in force when the Notice of Arbitration is submitted, which Rules are deemed to be incorporated by reference into this clause.

  • Overview. Arbitration is an alternative to litigation where a neutral person (the arbitrator) hears and decides the parties’ dispute. Arbitration proceedings are designed to provide parties with a fair hearing in a manner that is faster and less formal than court proceedings. The following procedures (the “Arbitration Procedures”) are applicable to all arbitration proceedings involving you and us.
  • Pre-Arbitration Dispute Resolution. We are always interested in resolving disputes amicably and efficiently. Therefore, before you commence an arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us online at email address indicate in Section 15.
  • you may only bring a claim in your individual capacity and not as a plaintiff (lead or otherwise) or class member in any purported class or representative proceeding;
  • Administrator. The administrator for the arbitration is the LCIA, a non-profit organization that is not affiliated with us. The arbitrator who will hear and decide your dispute will be appointed by the LCIA in accordance with its rules. Information about the LCIA’s rules and fees can be found at: https://www.lcia.org//Dispute_Resolution_Services/lcia-arbitration-rules-2014.aspx.
  • Seat of Arbitration. The seat of the arbitration shall be London, United Kingdom.
  • Choice of Law. The governing law applicable to the arbitration agreement and the arbitration shall be the laws of England and Wales (also known as English Law), without regard to English Law’s conflict of laws rules.
  • Language. The language of the arbitration shall be English.
  • Applicable Rules. The arbitration will be governed by the LCIA’s Arbitration Rules (“LCIA Rules”), as modified by these Arbitration Procedures. If there is any inconsistency between the LCIA’s Rules and these Arbitration Procedures, the Arbitration Procedures will control. However, if the arbitrator determines that strict application of the Arbitration Procedures would not result in a fundamentally fair arbitration, the arbitrator may make any order necessary to provide a fundamentally fair arbitration that is consistent with the LCIA Rules.
  • Commencing an Arbitration. To commence an arbitration against us, you must complete a written request for arbitration, submit it to the LCIA, and send a copy to us at email address indicate in Section 15. To learn more about commencing an arbitration and to obtain a form to institute arbitration, see the LCIA’s online filing page, https://onlinefiling.lcia.org/. You may represent yourself in the arbitration or have a lawyer (or some other representative) act on your behalf. Upon receipt of an arbitration claim, we may assert any counterclaims it may have against the complaining party.
  • Fees. You are responsible for paying your portion of the fees set forth in the LCIA’s Schedule of LCIA Arbitration Costs and as determined by the Arbitral Tribunal under LCIA Rules. We will pay all remaining fees. If your claim against us is for less than USD1,000, we will pay all fees. You may hire an attorney to represent you in arbitration. You are responsible for your attorneys’ fees and additional costs. Notwithstanding anything in this Arbitration Provision to the contrary, we will pay all fees and costs that we are required by law to pay.
  • Selection of the Arbitrator. The arbitrator who will hear and decide your dispute will be appointed by the LCIA in accordance with its rules.
  • Discovery. Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide the particulars of its claims or defenses. Any such discovery requests must be served on the other party within 10 days after the arbitrator’s appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution. In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort what would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense.
  • Communications with the Arbitrator. Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator.
    Confidentiality. Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.
  • Arbitration Award. The arbitrator will render a written decision within 14 days after the hearing or, if no hearing was held, within 30 days after any rebuttal or supplemental statements are due. The decision must clearly specify the relief, if any, awarded and contain a brief statement of the reasons for the award.
    Waiver of Appeal. The parties waive any right to refer any question of law and any right of appeal on the law and/or the merits to any court.
    Survivability. This arbitration provision shall survive termination of this Terms.