Terms of Service

Privacy Policy

FitFood values the privacy of its users and therefore values a clear privacy policy. More information can be found in the ‘Privacy Statement’ of FitFood.

Use

The use of the products of FitFood by a user is only allowed if these Terms of Service and the Privacy Policy are agreed upon by the user. Therefore, by using one or more products of FitFood, the user shall be deemed to agree with these Terms of Service (and the Privacy Policy). FitFood, however, reserves the right to forbid the use of and/or access to its products to any user without prior notice or reason by, for example, blocking or removing profiles or by blocking IP addresses of computers in case FitFood finds this appropriate, such at its own discretion.

Profiles are restricted to natural persons only. Profiles and groups can be removed without prior notice and shall have no recourse against FitFood as a result thereof, including, but not limited to, with respect to lost files or information or other direct or indirect damages.

Objectionable Content

Content may not be submitted to the products and FitFood moderates all content and ultimately decides whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.

Age

In order to use the products of FitFood, one must be the valid minimum age in the applicable jurisdiction in order to be able to make a valid and legally binding contract for said products. Persons below said age need the explicit permission from their parents or legal guardian in order to agree with these Terms of Service or make a binding agreement with FitFood in any other way. Your access to the products may be terminated without warning if FitFood believes, in its sole discretion, that the foregoing has not been complied with.

Offered Information

Although the information on all FitFood websites and the information contained within its products – with the exception of the user-generated content – is made with great care and accuracy, reliability and suitability cannot be guaranteed. Therefore, relying on the information on the FitFood websites or the information contained within its products, whether or not originating from FitFood, is completely at the user's own risk.

Not Medical Advice

The information on FitFood websites and in its products is explicitly not meant for replacing medical care, medical advice or support by professionals within other disciplines. FitFood products and services should, for example, never be used for self-diagnosis or treatment of ailments and conditions of any person. Users should immediately consult their doctor with any medical questions, complaints and/or symptoms prior to using or continuing to use any products or services of FitFood.

By accepting these Terms of Service, the user explicitly recognizes that FitFood cannot be held liable for any defects and/or wrong information contained within the information offered in its products or services or on any of its websites nor the possible damage which may occur as a result thereof.

Consult Doctor before Physical Exercise

Performing physical exercise or following a diet plan can pose health risks, including injuries and death. Users who wish to start with any form of physical exercise or a diet plan with FitFood products and services must always consult their doctor and/or dietitian prior to starting said exercise or plan. Users who experience pain or become dizzy or short of breath should immediately stop the physical exercise or their diet plan and contact a doctor for advice.

Rights of Intellectual Property

By accepting these Terms of Service, the user explicitly recognizes that all designs, information, images and other content within any of FitFood´s products or services are the property of FitFood, and are protected by relevant laws of intellectual property, including but not restricted to copyrights, trademark rights, database rights, neighboring rights, patents and design rights.

FitFood grants the user a limited, personal, non-exclusive, non-sublicensable, non-transferable and revocable right to use its products as detailed in the applicable Purchase Overview & License Terms (License Agreement) for personal purposes and under these Terms of Service.

It is explicitly forbidden to copy, duplicate, modify, publish or use the designs, information, graphics and other content referenced above for direct or indirect commercial purposes, unless explicitly agreed in written form with FitFood.

The user agrees not to perform any acts that infringe or could reasonably infringe the rights of FitFood detailed herein. To the extent that FitFood agrees with any third-party to include any of its intellectual property in any product or service of FitFood, the user shall have the same rights, responsibilities and restrictions with respect to such intellectual property as those with respect to the intellectual property of FitFood as against the user.

Licensing for Shared Information

The user grants FitFood a continued, worldwide, unlimited, irrevocable, non-exclusive license without any extra remuneration by FitFood, including the right to sub-license, to all information, including, but not limited to, texts, images, photos, video and sound files, designs and user information, which is uploaded to, shared with or saved within the products or services of FitFood or shared with FitFood in any other way by the user (hereafter: “the Shared Information”) to use, copy, distribute, transfer, perform, modify, or use, for commercial or other purposes, through all existing media.

FitFood shall protect its users’ privacy and act in accordance with applicable European and United States privacy legislation and international data security standards. FitFood shall not sell or otherwise share personal data of its users to third parties for marketing and sales purposes, unless in the case of prior written consent by the user(s) of the data involved. More information can be found in the Privacy Policy linked above.

By accepting these Terms of Service, the user guarantees that the Shared Information does not infringe any intellectual property right, privacy or other rights of third parties, does not contravene any applicable law, does not contain pornographic material nor is otherwise offensive, does not constitute a threat or defamation, is free from viruses or other code which is harmful or could be harmful to FitFood and has no commercial purpose. The user remains fully responsible and liable for any direct or indirect damage caused to FitFood and third parties due to the Shared Information.

User Information and Registration

The user declares that the information provided, in example for registration, is correct and complete and that it will update such information where possible within the products of FitFood in case of changes. Any passwords should be stored carefully and may not be shared with third parties.

The user may not grant third parties access to FitFood products or services via its own registered account. In case the user shares its account access information with third parties, it will be fully responsible and liable for direct and indirect damage resulting therefrom.

The user agrees that FitFood saves, processes and stores all the data provided by the user, including through use of the products. More information can be found in the Privacy Policy linked above.

Communication

FitFood may send varying communications to users via the products, including update notifications or reminders, emails or other communications. Users can indicate in the settings to what extent they wish to receive said communications. The user agrees that FitFood may approach the user for important changes or updates to the products in case deemed necessary by FitFood. Such communication shall in principle never contain any commercial messages from third parties.

Users can communicate with each other within the products, e.g. by placing comments or sending messages or discussing within groups. The user declares not to send spam or any other communications which is undesired by the receiver, being commercial or otherwise, including, but not limited to, threatening, aggressive, obscene, ignominious, offensive, privacy infringing or commercial communications. Any acts contrary to these conditions can – as with the other conditions – result in immediate denial of access and use of the products and services of FitFood and termination of the user license.

FitFood is at any time free to delete any user communications or other Shared Information without any prior or further notice to the user if these are regarded to be below standard or otherwise inappropriate by FitFood.

For all communication and contact via the products of FitFood, the following user guidelines apply:

a) Keep it always fun and positive

b) Treat other users with respect

c) Respect opinions of others, even if you do not agree with it

d) Do not place “off-topic” messages within discussions

e) Do not bother people with irrelevant matters

f) Do not advertise for any products or services

Information from Third Parties

The products may contain information from third parties or refer thereto, including but not restricted to information created by users, advertisements, banners and/or website links (hereafter: “Information from Third Parties”).

Information from Third Parties generally is and cannot be previously checked by FitFood, which means that we cannot guarantee the quality and validity thereof. FitFood is not responsible or liable for Information from Third Parties, nor for the possible direct or indirect damage that may result from it.

Third Parties may connect to FitFood via the API of FitFood or obtain access to publicly available data contained within the products, including possibly personal user data that has been published on the products with the user’s permission. Besides that, Third Parties can obtain access to public and closed personal data via the API, when a user explicitly gives permission for it. These Terms of Service and the Privacy Policy of FitFood do in principle not apply to Information from Third Parties unless otherwise described therein. These Third Parties may use different general terms and conditions and Privacy Policys. FitFood shall also be entitled to invoice users for any Third-Party fees, costs and expenses necessary to provide the products and services to the user, including any subsequent changes thereto.

Unlawful Information

After a report of unlawful conduct, FitFood will investigate the presence of unlawful information in one or more of the products within a reasonable time and will take action against it if possible. Any unlawful communication should be reported directly, please visit the contact page. This report should in any case contain the following information:

a) The URL where the alleged unlawful information can be found.

b) An explicit statement of the reporter that the material is unlawful and why.

c) In case it is a case of infringement of rights of intellectual property, the reporter needs to substantiate that he / she is the rightful owner of said rights, and to which extent the information infringes said rights.

d) In case the reporter represents someone else, an authorization that allows the reporter to act on behalf of the rightful claimant, signed by the rightful claimant.

e) The reporter’s name, e-mail address, mailing address and phone number.

Modifications to the Products

FitFood explicitly reserves the right at any time to modify, stop or change all or a part thereof of one or more of its products or services, for a determined period or in perpetuity, without prior notification or after to the user, whether it concerns paid or unpaid products. This may also result in inaccessibility or loss of a part or the whole of the Shared Information, including the Shared Information of the user. FitFood cannot be held liable for any direct or indirect damage resulting thereof. In case of such a modification of the products, for whatever reason, the user will have on his request the (already) paid amounts to FitFood or her partners refunded pro rata, subject to the discretion of FitFood. For the avoidance of doubt, user shall have no right to pause the license period for any of the products or services; any such action shall be in the sole discretion of FitFood.

Modification of Terms of Service

FitFood reserves the right to change these Terms of Service at any time. After such a modification, the modified Terms of Service will be offered for inspection immediately on FitFood’s website. By using the website and the other products of FitFood after changes to the Terms of Service, the user shall be deemed to agree to the modified Terms of Service.

Conformity and Exclusion of Liability

The products and the content thereof are delivered by FitFood as such, including potential defects. Neither FitFood, nor its representatives, partners or suppliers give any guarantee, explicit or implicit, regarding the functionality of the products or services or any content thereof.

FitFood cannot and does not guarantee that the products or services are available at any moment at any location, and that said availability will occur safely, or that any errors will be solved or that the products will be free from viruses or other potentially damaging software or parts.

The user acknowledges that the products may contain potential defects and accepts the risks for any direct or indirect damage that may occur thereof. In no case shall FitFood be held liable by user or any third-parties in the case of damages resulting directly or indirectly in the case of any defect in its products or services. FitFood’s liability shall in any case be limited to the equivalent of six months license paid by the user or EURO 2,500.00, whichever is less. The user cannot terminate any agreement with FitFood based on actual or perceived non-compliance with any term thereof.

Electronic Signature

By using the products or services of FitFood the user is deemed to provide an electronic signature so that these Terms of Service apply.

Application and Competence

These Terms of Service replace all prior agreements or commitments with respect to the matters contained herein.

One or more parts of these Terms of Service may not apply in the applicable legal system or be found to be unenforceable. In any such case, the remaining parts of these Terms of Service shall remain valid between the user and FitFood.

Dutch Law applies to these Terms of Service. Any disputes which may result herefrom will be exclusively decided upon by the competent court in Amsterdam, The Netherlands.