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Last Updated: 2023/12/1
1. Introduction and Acceptance
1.1. Welcome to "flawfood", an advanced mobile application meticulously crafted to assist users in monitoring personal wellbeing metrics and deciphering patterns related to their state.These Terms and Conditions ("Terms") govern your use of the flawfood.com website, its associated app, and any of its products, services, or systems (collectively, "Website", "App", or "Services"). By accessing or using the Website, App, or Services, you agree to be bound by these Terms and all of the terms and conditions incorporated herein by reference.
1.2. Please also review our Privacy Policy, Cookies Policy, Data Processing Agreement (DPA), and Disclaimers for a comprehensive understanding of our practices and your rights.
1.3 You acknowledge that you have read this Policy and agree to all its terms and conditions by providing consent upon registration. To register and use the full functionalities of our platform, users must provide explicit consent to our Terms & Conditions. This is achieved through a clear and proactive action where users are required to check a consent box before they can proceed with the registration. This approach ensures that consent is freely given, specific, informed, and unambiguous, in line with GDPR requirements. If you do not agree to abide by the terms of this Policy, you are not authorized to use or access the Services.By providing explicit consent upon registration, you acknowledge and agree that the data collected is strictly for informational and entertainment purposes and should not be used for health or medical decisions.
2. Comprehensive Company Information
2.1. Company Identification: The application is brought to you by LLC Flawfood, a duly registered entity with its principal office located at Ukraine, 54028, Mykolayiv Oblast, Mykolayiv, Kosmonavtiv Street, Building 77a, Apartment 87.
2.2. Branding and Trademark: "flawfood" stands as the exclusive and registered brand symbolizing our range of digital services in the realm of health and well-being.
3. Detailed Scope and Nature of Services
3.1. "flawfood" operates as a state-of-the-art platform for the holistic enhancement of an individual's wellness. Our features facilitate users in logging their daily meals, consistently tracking their mood variations, and archiving life events that are of significance.
3.2. Beyond the 30-day trial period, which is offered complimentary, users desiring prolonged access must opt for one of our subscription packages and duly complete the associated payment process.
4. Registration, Account Eligibility, Management Protocols, Global Accessibility and Regional Restrictions
4.1. Prospective users, to establish their authenticity, can opt for registration via globally recognized platforms such as Facebook, Google, and Apple.
4.2. Our platform strictly adheres to age-related access controls. Hence, services are rendered exclusively to individuals who are 14 years of age or older.
4.3. Every registered user, valuing their data privacy, can autonomously initiate the deletion of their accounts, ensuring the comprehensive erasure of all related data stored within our digital confines. When a user chooses to delete their account, all associated data will be permanently removed from our active databases within 30 days. However, for backup, archival, and audit purposes, the data may be retained in our backup systems for an additional 60 days after which it will be permanently deleted. No personal data will be accessible or used for any business purposes during this retention period. Users should be aware that due to the nature of distributed backups and caching, deleted data might persist in backup copies for a limited period but will not be available to others or used for operational purposes.
4.4. Termination of Accounts due to Prolonged Inactivity: To ensure the security and privacy of our users, accounts that remain inactive for a prolonged period may be subject to suspension or termination. An account is considered inactive if there is no user session for 365 days, as detailed in our Privacy Policy under the "Data Retention" section. Additionally, data derived from cookies related to such accounts will be deleted after 12 months of inactivity, as outlined in our Cookies Policy under "Data Retention". Users are encouraged to regularly access and use their accounts to avoid any potential suspension or termination due to inactivity.
4.4. "flawfood" is globally accessible, with service offerings and features potentially varying based on local regulations and guidelines.
4.5. Due to ongoing events, "flawfood" services are not available for access or use within the terrorist state of so-called russian federation which has invaded Ukraine, started a full-scale war on its territories and killed tens of thousands of civilians including women and children.
5. Stringent Content Governance and Intellectual Property Provisions, Claims of Infringement, User Responsibilities, Indemnification
5.1. User-Generated Content and Licensing: All user-generated content hosted on our platform remains the exclusive intellectual property of the respective user. By using "flawfood", users grant "flawfood" a non-exclusive, revocable license to use, display, and reproduce said content within the application specifically for service enhancement purposes. Additionally, "flawfood" may use user-generated content in promotions, advertisements, or other company-related activities, but only with the explicit consent of the user.
5.2. Dissemination of content deemed inappropriate or offensive stands explicitly prohibited. Sharing or disseminating inappropriate or offensive content is expressly prohibited and may result in corrective actions.
5.3. All proprietary designs, interface content, proprietary algorithms, and unique application code (excluding any third-party integrations) are the unequivocal intellectual property of LLC "Flawfood". All designs, client-facing content, and application-associated code, exclusive of third-party materials, are the sole property of LLC "Flawfood".
5.4. Claims of Infringement: Any claims regarding intellectual property infringements should be directed to our legal department at hi@flawfood.com.
5.5. Each user is obligated to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
5.6. Users are solely responsible for safeguarding their "flawfood" account login credentials. Any activities or actions under a user's account are the responsibility of the user. Users must notify "flawfood" immediately upon becoming aware of any unauthorized use of their account.
5.7 Users agree to defend, indemnify, and hold harmless "flawfood", its parent corporation, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from the user's use of and access to the "flawfood" application, or any violation of these Terms & Conditions.
5.8. Notwithstanding the aforementioned, "flawfood" reserves the right to use user-generated content in promotions, advertisements, or other company-related activities, but only with the explicit consent of the user.
6. Financial Protocols, Transactions, and Security Assurance, In-app Purchases, Subscription Renewals and Cancellations
6.1. Emphasizing user security during financial transactions, our platform exclusively supports globally recognized payment channels like Apple Pay and Google Pay.
6.2. All monetary transactions, once executed, are final. As such, we do not entertain refund requests or transaction reversals.
6.3. All features are bundled within the "flawfood" subscription. There are no separate in-app purchases.
6.4. All "flawfood" subscriptions are set to automatically renew on the 1st day of the beginning of the next payment cycle, which is monthly.
6.5. The renewal settings and payment processing are managed and controlled by Apple/Google respectively.
6.6. Users wishing to cancel their subscription can do so by navigating to the corresponding section of their Google/Apple account. It is the user's responsibility to manage their subscription settings through their respective app store accounts.
7. Service Guarantees, Comprehensive Disclaimers, and Liability Clauses, Content Accuracy, Active Subscription User Data
7.1. Our team is committed to offering accurate, timely, and reliable information. However, "flawfood" cannot vouch for the infallibility of all data. Users are thus advised to exercise discretion and assume risks associated with the utilization of provided data.
7.2. "flawfood", its affiliates, directors, or employees shall not be held accountable for any direct or collateral damages that might arise from the application's usage, misinterpretation of data, or associated functionalities.
7.3. While "flawfood" endeavors to provide accurate information, we don't guarantee its completeness or accuracy. Users rely on the app's information at their own risk.
7.4. "flawfood" is committed to ensuring maximum uptime for its users. However, given the nature of software development, testing and infrastructure engineering it is possible occasional interruptions might occur.
7.5. While users can access their data with an active subscription, "flawfood" does not guarantee indefinite data availability post-subscription and is not liable for any data loss.
7.6. The "flawfood" application is provided "as is" and "as available" without any warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
7.7. "flawfood" makes no warranty or representation and disclaims all responsibility and liability for the completeness, accuracy, availability, timeliness, security, or reliability of the application or any content therein.
7.8. To the maximum extent permitted by applicable law, "flawfood", its affiliates, agents, directors, employees, suppliers, or licensors shall not be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, this application.
7.9 Under no circumstances will "flawfood" be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the application or the information contained therein.
8. Robust Privacy Protocols, Data Security Measures, and Confidentiality Assurance
8.1. Respecting the sanctity of personal data, "flawfood" upholds stringent data privacy standards. A deeper insight into our data handling, storage, and protection protocols is available in our Privacy Policy.
8.2. In the unforeseen event of data breaches, we pledge to maintain transparency with our user base. However, intricate details might be selectively disclosed to prevent any further security vulnerabilities.
9. Legal Jurisdiction, Dispute Arbitration, and Resolution Mechanisms
9.1. All contractual provisions enshrined within these T&Cs are governed and interpreted by the established laws of Ukraine.
9.2. Disputes, disagreements, or conflicts arising from or related to these terms will be addressed initially through amicable negotiations. If an agreeable resolution remains elusive, binding individual arbitration, conducted in Ukraine, will ensue.
9.3. The arbitration proceedings shall be conducted in Ukrainian.
10. Amendment Protocols and Service Continuity
10.1. We reserve the right to periodically amend, revise, or update these T&Cs. Any modifications will be communicated proactively via email or in-app notifications.
10.2. A user's continued engagement with our platform, post any amendments, will be construed as their tacit acceptance of the revised terms.
11. Application Governance, Usability, and Operational Protocols
11.1. To maintain service integrity, "flawfood" holds the authority to suspend or terminate accounts, especially in cases of prolonged inactivity or policy violations.
11.2. Users are strongly advised to ensure their devices support the latest version of "flawfood" to leverage enhanced features, security upgrades, and a seamless user experience.
12. Communication Channels, Feedback Mechanisms, and Support Protocols, Feedback and Suggestions
12.1. Please route all queries, grievances, suggestions, or constructive feedback to our dedicated communication channel at hi@flawfood.com. We endeavor to acknowledge and address all communications within a span of two business days.
12.2. Feedback provided by users is primarily used for internal improvement purposes. However, testimonials might be displayed publicly, but only with explicit user consent.
12.3. "flawfood" offers a mechanism for users to report any inaccuracies they encounter. Such feedback is invaluable and is addressed in subsequent software updates.
12.4 Users are encouraged to provide feedback, comments, and suggestions for improvements to the "flawfood" application ("Feedback"). Users acknowledge and agree that all Feedback will be the sole and exclusive property of "flawfood" and by submitting Feedback, users irrevocably assign to "flawfood" and agree to irrevocably assign to "flawfood" all of their right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.
12.5 At no point shall "flawfood" be required to compensate users for any feedback, regardless of how the feedback is used.
13. Service Affiliations, Promotional Provisions, External Links for Information, and Sponsored Content
13.1. Users keen on participating in our promotions must diligently adhere to the terms and conditions explicitly stipulated for each promotional event.
13.2. "flawfood" might contain external links intended for informational purposes. However, the platform doesn't endorse or assume responsibility for third-party content.
13.3. "flawfood" may occasionally display sponsored content. Such content will always be clearly labeled to ensure transparency and maintain user trust.
13.4 The "flawfood" application may contain links to third-party websites or services that are not owned or controlled by "flawfood". "flawfood" has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services.
13.5 Users acknowledge and agree that "flawfood" shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
14. Medical Advisory, Health Data and HIPAA Compliance, User Engagement Badges, Data Input from Data Health Sources
14.1. It is imperative to understand that while "flawfood" serves as a facilitative tool, it does not operate as a substitute for professional medical advice or clinical recommendations. Engaging with licensed healthcare professionals for medical concerns is paramount.
14.2 Personal Health Tracking: "flawfood" serves as a digital tool for users to manually log and track their personal health-related activities and metrics. It is important to note that while users can input data, "flawfood" does not automatically collect, store, or interpret specific health data. All content within "flawfood" is for informational and entertainment purposes only. Reliance on our information is strictly at the user's risk. Users must always consult healthcare professionals for health-related decisions.
14.3 HIPAA Compliance: Given that "flawfood" does not automatically collect or store specific health data, it is not bound by the Health Insurance Portability and Accountability Act (HIPAA). Any health-related data shared by users is voluntary and is primarily used for adjusting software features to enhance user experience. User data confidentiality is strictly maintained, and we ensure no obligations under HIPAA or similar regulations.
14.4. "flawfood" provides badges to incentivize user engagement. These badges are not to be construed as health validations or endorsements.
14.5. Users have the capability to input data from other health sources manually. However, "flawfood" does not currently support direct integrations with other health platforms or providers.
15. Third-party Data Sharing and Usage for Advertisement Purposes
15.1. flawfood may share certain personal data with third-party service providers to enhance user experience, improve app functionality, and ensure smooth operation. This sharing is governed by strict data protection agreements.
15.2. For a detailed list of third-party service providers and the nature of data sharing, please refer to Section 4: Transfer of Personal Data to Third Parties of our Data Processing Agreement (DPA).
15.3. We ensure that these third-party service providers are bound by strict data protection agreements to maintain the confidentiality, integrity, and security of the Personal Data. For more information on the safeguards in place, please refer to Section 4.4: Safeguards of our DPA.
15.4. We do not share, sell, or disclose user data with third parties for advertising or marketing purposes.
15.5. By using flawfood, you acknowledge and consent to the sharing practices outlined in our DPA. If you have concerns about data sharing, please review the DPA or contact our support team.
16. User Data Rights
In alignment with global data protection standards, we are committed to ensuring that our users have clear rights regarding their personal data. As a user of the Flawfood app or related services, you have specific rights concerning your data:
16.1. Access: Users have the right to access the personal data we hold about them. For more details, refer to the "Right to Access" section in our Cookies Policy.
16.2. Rectification: If you believe any personal data we hold about you is inaccurate or incomplete, you can request its correction. More information can be found in our Data Processing Agreement (DPA).
16.3. Erasure: Users can request the deletion of their personal data. Detailed procedures are outlined in the "Right to Erasure" section of our Cookies Policy.
16.4. Data Portability: We ensure that users can obtain and reuse their personal data across different services. For a detailed procedure, refer to the "Data Portability" section in our Cookies Policy.
16.5. Third-Party Data Sharing: We limit data sharing to specific third-party service providers to enhance user experience. Comprehensive details can be found in the "Data Sharing" section of our Cookies Policy and the relevant sections of our DPA.
16.6. International Data Transfers: As a globally operating entity, we may process data outside the EU/EEA. For more information on the safeguards we employ, please refer to the "International Data Transfers" section in our Cookies Policy.
16.7. Contact: For any queries or to exercise any of these rights, please reach out to our Data Protection Officer as mentioned in our Cookies Policy or refer to the contact details provided in our DPA.
17. General Provisions
17.1. In the event of any failure of "flawfood" to fulfill its obligations arising from circumstances beyond its reasonable control, including but not limited to acts of God, war, flood, fire, labor disputes, strikes, epidemics, pandemics, governmental regulations, or electrical outages, such failure shall not be deemed to be a breach of these Terms & Conditions.
17.2. If any provision of these Terms & Conditions is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms & Conditions unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
17.3. These Terms & Conditions, along with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by "flawfood" on the application, shall constitute the entire agreement between you and "flawfood" concerning the application.
17.4. "flawfood" does not actively monitor or respond to emergencies. Users must always seek professional help in emergencies.
By opting to use "flawfood", you hereby signify your irrevocable agreement to these comprehensive Terms & Conditions. Any deviation from the stated terms mandates an immediate discontinuation of application use.