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.
1.4. 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.
2.1. 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.
3.1. 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.
3.4. 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:
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.
4.1. By using the Service, you represent and warrant that:
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:
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.
6.1. In no event shall we (and our affiliates) be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from these terms or your use of, or inability to use, the service (including the app or content), or third party ads, even if we have been advised of the possibility of such damages. access to, and use of, the service (including the app, content and user content), and third party ads are at your own discretion and risk, and you will be solely responsible for any damage to your computing system or loss of data resulting therefrom.
6.2. Notwithstanding anything to the contrary contained herein, you agree that the aggregate liability of the company to you for any and all claims arising from the use of the app, content or service is limited to the amounts you have paid to the company for access to and use of the service. the limitations of damages set forth above are fundamental elements of the basis of the terms between the company and you.
6.3. Some jurisdictions do not allow the limitation or exclusion of liability for incidental of consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.
You agree to indemnify and hold the Company, its successors, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Service, (ii) your User Content, or (ii) your violation of these Terms.
The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
The Company makes no representation that the Service is accessible, appropriate or legally available for use in your jurisdiction, and accessing and using the Service is prohibited from territories where doing so would be illegal. You access the Service at your own initiative and are responsible for compliance with local laws.
Please read this arbitration provision carefully to understand your rights.
9.1. Mandatory Arbitration
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.
If you want to send any notice under these Terms or have any questions regarding the Service, you may contact us at: email@example.comI
HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Anoda Mobi (reg. No. HE 385565 with registered office at Serpova 4a, office 1, Kharkiv,Ukraine 61009)
Last Updated: 9 Dec 2021