Terms of Use

TERMS
Application - mobile application “Vitamin Hero”, managed by the person, specified in App Store as the developer and Rightholder of the Application (the "Rightholder") 

Service - the Application, together with the content (texts, graphics, images, other materials included in the Application), the ability to register and manage an account, tools, transactions and other services, available to the user in connection with the use of the Application in accordance with the Terms of Use 

Rules - the Terms of Use, which contain legally binding conditions for the use of the Service by the end user of the Application ("User", "You") 

PLEASE READ THESE RULES CAREFULLY BEFORE YOU START USING THE APPLICATION AND THE SERVICE 

By installing the Application and using the Service, you hereby acknowledge that you have read and understood these Rules, agreed with them and undertaken to comply with them. If you do not agree with any part of these Rules, do not have the right or are not authorized to accept their terms, please do not download the Application and do not use the Service in any way.      

1 GENERAL TERMS AND CONDITIONS
1.1. The Application is provided to you under the license, and is not for sale. The Rightholder reserves all rights to the Application.

1.2 Taking into account the regulations of these Rules, the Rightholder grants you a non-transferable, non-exclusive license (without the right to sublicense). Scope and terms of the license are defined by Apple Licensed Application End User License Agreement (“Standard EULA”) https://www.apple.com/legal/internet-services/itunes/dev/stdeula/

1.3 These Rules supplement and clarify the terms of the Standard EULA. In case that these Rules contain regulations clarifying, supplementing or amending the terms of the Standard EULA, the regulations of these Rules are applied. 

1.4 You agree and confirm that your use of the Service or its any part will comply with the Standard EULA and these Rules (including the Important Reservations and Limitations, specified in these Rules). 

1.5. You agree that you will obey the laws and other regulations relating to the Service or your use of the Service, and you will be solely responsible for any violations of such laws. 

1.6 You are solely responsible for the purchase of equipment and other resources, necessary to access the Service, and for all payments, associated with this (such as computer equipment, mobile and other devices, Internet service providers, etc.).

2 IMPORTANT RESERVATIONS AND LIMITATIONS
By accessing the Service, by launching the Application or using the Service, you, as a User, expressly acknowledge and confirm that you are familiar with and agree to the following disclaimers and limitations of liability:

2.1 The user uses the Service solely at his own risk. To the maximum extent, permitted by the law, the Application and the Service are provided “as it is” and “as it is available” with all possible errors and without any guarantees, and the Rightholder hereby disclaims all possible warranties and liability with respect to the Application and the Service, including, but not limited to: explicit or implicit guarantees of suitability for use, satisfactory quality, suitability for a specific or non-specific purpose, guarantee of observance of rights of third parties.

2.2 The Rightholder does not guarantee that:
a) The Service, content or other information, contained in the Application will be relevant, accurate, reliable and correct;
b) The Service will be reliable and affordable anytime, anywhere; 
c) Any defects or errors will be corrected; 
d) The Service will be free from viruses or other harmful components; 
e) You will be able to achieve any specific or indefinite result as a result of using the Service. 

2.3 The User understands and agrees that by downloading the Application or using the Service, he does this on his own discretion and at his own risk, responsibility for any losses that may appear, including data loss or damage to the computer system, will be solely per user. If the use of the Service leads to the need for additional maintenance, correction or repair of any equipment, as well as data recovery, all associated costs are paid by the User on his own. 

2.4 The user is notified, understands and agrees that: 
a) The Application was created solely for informative purposes, the Rightholder through the Service does not offer any medical advice, recommendations on health or nutrition or other medical services, including, but not limited to: counseling, testing, analysis, prescription, nutritional therapy or rehabilitation, prophylaxis, prevention, diagnosis or treatment of any injuries, diseases, ailments or conditions, recommendations or appointments for taking medications or biological and active ingredients (in general, "health services"); 
b) All content, presented in the Service is not supposed to and should not be used by the User instead of consulting doctors or other professionals; visits, calls, or consultations with a doctor or other healthcare provider; information contained in or on any product packaging or label; 
c) The use of the Service does not establish relations of a “doctor-patient” kind or other professional relations between the User and the Rightholder; 
d) The Service may not be suitable for all people, and it does not replace professional medical services. Service is supposed as an app that can be useful solely for informative purposes; 
e) Depending on the characteristics of your body, state of health and the amount of food consumed, food can cause harm to health or can lead to death, and the User assumes this risk. Before starting to use the Service, the User agrees to release the Rightholder from any consequences, known and unknown, that may arise due to the use of Service; 
f) The User needs to consult a doctor or other qualified healthcare professional to determine if the Service is safe and effective for his health. It is strictly forbidden to connect to or use the Service contrary to the doctor’s recommendations, or if this may pose a health risk. You confirm that you take full responsibility for your health, life and well-being, as well as for the health, lives and well-being of your family and children (born and not born, to whom this also applies) and for all decisions, made now or in future; 
g) The Rightholder is not responsible for any health problems that may arise due to information, products or events that the User can find out about using the Service. If you have any health-related questions, please call or immediately visit your doctor or other healthcare provider. If you have an emergency, call your doctor or local emergency service immediately. 

2.5 The Rightholder does not bear any responsibility for any inaccuracies, incompleteness, typos and/or inaccuracy of information about vitamins, products, recipes or any other content of the Service. The user must carefully read all information, provided by food manufacturers online or on actual packaging or labels, including nutrient content, ingredients, food allergens, contact information, and health claims before using the product. For more information about food, please contact the manufacturer directly. 

2.6 The Rightholder does not give any guarantees, regarding the impact of certain food on your body and you accept the risk that their effect may be different for each person. Use of the Service should be based on your own due diligence, and you agree that the Rightholder is not responsible for any changes in your health that are directly or indirectly associated with the use of the Service. 

2.7 In addition to all other restrictions and reservations in these Rules, the Rightholder does not bear any responsibility for losses, received in connection with the use of the content, provided by the Service. For all questions, it is recommended that you consult your doctor or other authorized specialist, regarding the information, contained in the Service. 

2.8 Under no circumstances the Rightholder (and its partners or counterparties) shall be responsible to you or any third party for the loss of profit, or for any indirect, incidental, special or punitive damages, arising from your use of the Service. 

2.9 You agree that the Rightholder’s total liability to you for any claims, arising as a result of using the Service is limited to the amount you paid to the Rightholder for accessing and using the Service, but cannot exceed the amount, equivalent to $50 US. 

3 REGISTRATION IN THE APPLICATION
3.1 To use the Service, you can register in the Application and provide certain information about yourself.

3.2 If you register in the Application or use the Service and the Application without registration, you show and guarantee to the Rightholder that your use of the Service does not violate the law and its Rules.

3.3 You must be at least 16 years old to register in the Application or use it without registration. As a rule, minors must have permission from a parent or guardian and must be closely monitored.

3.4 The Rightholder reserves the right to suspend or block your account, or deny you access to the Service, notifying you or not notifying you about this if you violate the terms of its Rules.

3.5 Please note that you are responsible for the safety of your data in order to access the application account. If you neglect the safety of this information and provide access to your devices to unauthorized persons intentionally or by negligence, your information may become available to other people, made public or destroyed. The Rightholder cannot and will not be responsible for any loss of information or losses associated with your failure to comply with the above requirements.

3.6 Using the Service, you agree to receive certain messages, such as Application updates, or periodic electronic newsletter (if you specified your email address in the account). The service may also send you notifications. You can refuse to receive them at any time by disabling notifications in "Settings" section of the Application or in your device settings.

4 THE SERVICE USE
4.1 You acknowledge that all texts, pictures, information, other content, software and materials, shown in the Service or used by the Rightholder to manage the Service (including the Application) are the property of the Rightholder or the property of third parties.

4.2 The Rightholder reserves all rights belonging to him, including his rights to all intellectual property in all of the above. The provision of the Service to you does not transfer to you or third parties any rights to the corresponding results of intellectual activity.

4.3 The information that you provide at registration, and any information that you can provide in the Application belongs to you. Despite this, you agree that the Rightholder may process your information when it is reasonably necessary to manage, develop and ensure the operation of the Service, in accordance with its Rules and the Privacy Policy.

4.4 The Rightholder reserves the right to make any changes to the Service (regarding free and paid elements) at any time, both with a notification to you and without it. The actions of the Rightholder may impede your access to the Service at a specific time or permanently, and the Rightholder is not responsible for the result of such actions, as well as in case of changes in the Terms of Use, exclusion from the Service or failure to provide you with any content and/or services.

4.5 You connect to the Service and use it at your own risk. The Rightholder will not be responsible for any damage caused to your device, loss of information, or other damage caused to you or third parties, including, without limitation, any physical or moral damage that results from your use of the Service, or hope for any information or advice.

4.6 The Rightholder has no obligation to provide you with technical support services of any kind. However, the Rightholder may provide such customer support from time to time at its sole discretion.

5. THE USER OBLIGATIONS
5.1 Using the Service, you confirm and warrant that:
5.1.1 you have legal capacity and you agree to the terms of these Rules;
5.1.2 you are over 16 years old;
5.1.3 you will not be connected to the Service in an automated or inhuman way, using bots, scripts, etc. ;
5.1.4 you will not use the Service for illegal or unauthorized purposes;
5.1.5 your use of the Service does not violate the laws and conditions of these Rules.

5.2 If you provide information that is false, inaccurate, irrelevant or incomplete, the Rightholder has the right to refuse you any use of the Service.

5.3 You are not allowed to use the Service for purposes different from cognitive or those for which the Service was created. In particular, the Service cannot be used directly or indirectly: 
- in connection with any commercial undertakings, with the exception of those, specially approved by the Rightholder; 
- for medical, wellness goals, etc.

5.4. As a Service User, you agree:
5.4.1 not to use the Service for illegal purposes;
5.4.2 not to make any modifications, adaptations, improvements, extensions, transfers to the Service, and do not create derivative products;
5.4.3 not to use the Service for profit or other purposes for which it is not intended;
5.4.4 not to use the Service to create products, services, or software that will directly or indirectly compete with or replace the Service;
5.4.5 not to use information or any of our interfaces or other intellectual property in the design, development, production, distribution of any applications, accessories or devices, related to the Service;
5.4.6 not to hack, disable, or interfere with the security functions of the Service;
5.4.7 not to participate in the illegal development or binding to the Service;
5.4.8 not to violate, interrupt or create obstacles to the operation of the Service or the networks and services, associated with the Service;
5.4.9 not to decrypt, decompile, disassemble or reverse engineer any part of the Application, or in any way create a part of the Service;
5.4.10 not to try to circumvent the precautionary measures of the Service, aimed at closing or restricting access to the Service, or any its part;
5.4.11 not to upload or distribute files that contain viruses, worms, trojans, infected files, or similar software or programs that may damage the operation of other devices in any way;
5.4.12 not to use, run, develop or distribute any automated systems that can connect to the Service, or use or run an illegal script or other software;
5.4.13 not to humiliate, denigrate or harm the Rightholder or the Service;
5.4.14 not to use the Service in a manner, contrary to any part of the law;
5.4.15 not to violate the terms of these Rules in other ways.

6 OTHER REGULATIONS
6.1 All possible disputes, regarding the use of the Service will be regulated in accordance with the current legislation of the Russian Federation. Claiming pre-trial dispute resolution is mandatory. The deadline for responding to a claim is 30 (thirty) working days since the date it is received. If it is not possible to resolve the dispute through negotiations, the dispute shall be considered in the court at the location of the Rightholder. The User may submit a claim and file a claim only on his own behalf, any participation of the User in the filing of a collective claim and/or class action is not allowed.

6.2 Recognition by a court of a provision of these Rules as invalid or not enforceable does not entail the invalidity of other regulations of the Rules.

6.3 The Rightholder is entitled at any time to unilaterally amend these Rules. Please check this page periodically for updates. Your further usage of the Application after the publication of changes to these Rules will indicate your acceptance of these changes. If the User disagrees with the changes made, he is obliged to stop using the Service and delete the Application.

6.4. Issues of protecting the user information are regulated by the Privacy Policy.

6.5 Questions of terms of subscription and their cost are regulated by the Rules of Subscription.

6.6 Some jurisdictions do not allow the limitation or exclusion of certain types of liability, therefore, some of the limitations or exclusions, specified in these Rules may not apply to you, and you may have other legal rights that differ in different jurisdictions.  

6.7 The official language of the Rules, Privacy Policy and Rules of Subscription is Russian. In case of any conflict between the Russian and the English versions, the Russian version shall prevail.

THE USER CONFIRMS THAT HE IS FAMILIAR WITH ALL THE POINTS OF THESE RULES, UNDERSTANDS, AGREES AND UNCONDITIONALLY ACCEPTS THEM.

For all questions, related to the use of the Service, please contact team@vhero.me

Last update: 25/09/2019