For the services offered by BeYou1.
TERMS AND CONDITIONS
Welcome to the Terms and Conditions (hereinafter, “Terms” or “T&C”) of KEE DIGITAL S.L. (hereinafter, “THE COMPANY”).
These T&C govern your access, and use of the Web Site http://beyouapp.com/ (hereinafter, “THE WEBSITE”) and the mobile application BeYou (hereinafter, “BEYOU”).By accessing or using THE WEBSITE or the BEYOU, or any other mobile or web application service owned, controlled or provided by us (hereinafter, “THE SERVICES”), you are deemed to be “THE USER” and agree to be bound by these T&C.By agreeing to be bound by these T&C, THE USER hereby acknowledges the following:THE USER has read, understood, and agreed to the terms set forth herein.THE USER is of legal age [18 years old] and has sufficient legal capacity to be using the services available. Any use, registration or access to THE SERVICES is absolutely prohibited to minors.THE USER assumes all obligations set forth herein.
2. OWNERSHIP AND GENERAL INFORMATION
Owner: KEE DIGITAL S.L.Registered Office: Rec Comtal Street, 13 1-1ª, 08003, Barcelona (Spain)Tax ID: B66291667Email: email@example.comMercantile Register Information: Registred in the Barcelona Mercantile Register, Volume XXX, Book XXXX, Sheet XX, Page X-xxxxxx, First Registration.
3. ABOUT THE SERVICES
The website and mobile app online service of THE COMPANY provides its users with virtual nutritional, fitness, and emotional coaching services for a recreational purpose.To use our services, you must follow some simple rules. The service is only available for your private use and is not intended for commercial use. Do not misuse THE SERVICES, so that either THE COMPANY or anyone else is harmed in any way. You may only use the services as permitted by law and the terms stated on this page.
4. SERVICES RULES
By using our Services, you agree that:
All of the personal data provided by you is accurate and up to date.
You consent freely to share your personal data, as special personal data related to heath condition by your own specific responsibility.
THE COMPANY does not monitor the contents of the Service, but may at any time choose, at its sole discretion, to remove your user account from the Service and to terminate your account and membership.This service is intended solely for users who are of legal age [18 years old]. Any use, registration or access to the services is strictly forbiddenTHE COMPANY reserves the right to contact you through the email you initially provide, smartphone app notifications or other media that is related to your account with THE COMPANY.
Violation of any of these T&C may lead to direct termination of your user account and subscription.
4.1 USER OBLIGATIONS AND CONDUCT
THE USER agrees to use THE SERVICES as well as its content and services in accordance with the applicable law, moral principles and public order as well as these T&C.
THE USER shall neither use THE WEBSITE for illegal activities nor activities that may be regarded to be a criminal offence against the rights of third parties or in violation of any applicable law.
You, as a User, are solely responsible for all activities on your account and all the content that is uploaded and/or created under your BEYOU account. Your membership, including your email and password, are personal and may not be transferred or used by someone else. Once registered, THE USER shall be responsible at all times for the custody of his/her password and shall be held liable for any damage arising out of the improper use, transfer, disclosure or loss of the password. Consequently, the access to the restricted areas and/or the use of the services and content shall be deemed to have been carried out by the registered User. THE USER shall, therefore, be held liable for the before mentioned access and use.THE COMPANY is not in any way responsible for any information lost or damage resulting from unauthorised access to your account or use of your login details. If you learn of or suspect any unauthorised use of your account, you must immediately notify THE COMPANY’s Customer Service. Contact details are available at the bottom of this document. You may not engage in any commercial activities, advertise and/or provide hints (such as links) on where commercial activities are present through our Services. You may not contribute, submit or disseminate with any propaganda, religious and/or political views, or information that may be deemed racists, xenophobic, pornographic, supportive of terrorism or that violates human rights. Further, you may not defame, harass or offend other people through the use of our Services. If you have any criticism or feedback regarding THE COMPANY or our Services, firstly contact THE COMPANY to help us improve our Services.You may not transmit, and/or distribute files that may damage THE COMPANY’s computer systems, of the internet service provider, or third-party internet Users (such as virus or malware).
You may not disseminate, transmit or provide their parties with any type of information, element or content, that may constitute a violation of the fundamental rights and civil liberties. Also, you may not disseminate, transmit or provide their parties with any type of information, element or content, that may constitute unlawful or unfair advertising.You may not disseminate, transmit or provide third parties with any type of information, element or content that may be deemed a violation of privacy or data protection laws.
5. ACCESSING THE WEBSITE
The access to THE WEBSITE is free, except with regard to the cost of the telecommunications service supplied by THE USER’s provider.THE SERVICES may contain links, directories and search engines that enable THE USER to access other websites and portals (“Linked Sites”). In such cases, THE COMPANY shall only be responsible for the content and/or services provided in the Linked Sites when it has effective knowledge of any unlawful activity and does not proceed to remove the link with due diligence. Should THE USER consider that a Linked Site contains unlawful or inappropriate content, he/she may notify THE COMPANY of such circumstance. In no case shall such communication compel THE COMPANY to remove the regarding link. The inclusion of Linked Sites on THE SERVICES neither implies that agreements were made between THE COMPANY and the owners of the Linked Sites nor implies that THE COMPANY recommends or endorses the before mentioned Linked Sites and/or its content.Unless otherwise stated on the Site, THE COMPANY is unaware of the content and services of the Linked Sites. Therefore, THE COMPANY shall not be held liable for any loss or damage caused to THE USER or third parties by the unlawfulness nature, quality, outdating, unavailability, error or futility of the Linked Sites.In order for THE USER to have access to the full Service, THE USER must register on THE SERVICES.
6. ACCOUNTS AND REGISTRATION
Subject to the terms and conditions hereof, during the period these Terms are in effect, THE COMPANY allows you to use the Services on a non-exclusive basis. THE COMPANY may change, modify or update the Services at any time without prior notice to you, including to remove functionality. Currently, THE COMPANY makes certain features of the Services available free-of-charge to you, while other features, such as Premium Accounts (as defined below) require payments. THE COMPANY may choose at any time to charge for your future use of the Services or any part thereof. In this case, you will be notified accordingly. You may register to use THE COMPANY by providing the requested information or by logging in through a social media account and/or through a third-party lifestyle/activity tracking application (“Third-Party Application”). We may change the method of registration or login, including the types of accounts and the services provided through them, at our discretion. By registering through a social media account and/or through a Third-Party Application you represent and warrant that such account is yours and you have given us access and provided us with the information to such account. THE COMPANY reserves the right to refuse services to any user opening an account for any reason, at its sole discretion. You agree that you will supply accurate and complete information to us in the creation of your account and the use of the services and that you will update such information promptly after it changes. You shall have all responsibility for any inaccuracies in any information you provide to us, or in failure to keep such information up-to-date.
You shall not share your account or login information with any third party, nor, let any third party access your account, and you are entirely responsible for maintaining the confidentiality of the login information to your account. You are fully and solely responsible for the security of your computer system, mobile device and all activity on your account. THE COMPANY will not be held accountable for any loss or damage arising from unauthorized use of the Services, and you agree to protect and do no harm to THE COMPANY in regard to improper or illegal use of the services, and any charges and taxes incurred, unless you have notified us immediately at the email address listed below.
7. TERMS OF PURCHASE
You may register for one of our PREMIUM accounts (“PREMIUM Account”). A PREMIUM Account will allow you to access added features, such as meal planning, your fitness program and videos, food recipes. This section only applies when you purchase and/or subscribe to the Service Premium Account or other paid products. Certain services may be provided for a fee or other charge. By paying the subscription fee, you get access to the Service Premium Account during the time your subscription is valid, subject to these Terms. All subscriptions with the Service Premium Account are paid in advance. If you choose to enroll in a paid service, you agree to the terms of sale, pricing, payment and possible billing cycles.
7.1 PURCHASE PROCESS OF THE PREMIUM VERSION
METHOD 1: Apple Store- iTunes subscriptionFree trial subscription: with this option, you can fully experience BeYou premium for 1 month (1) free trial without any upfront cost. Once the trial period ends, charges are non refundable. After the Free trial you will be charged with 19,99€ every monthBeYou premium can be purchased for three (3) months for 29,99 € or one year (1) for 79,99 € . Payment will be charged to your iTunes Account at confirmation of purchase.
Subscriptions automatically renews unless you turn off the auto-renewal at least 24-hours before the end of the current period. Account will be charged for renewal within 24-hours prior to the end of the current period and identify the cost of the renewal. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase. No cancellation of the current subscription is allowed during active subscription period.
METHOD 2: Subscription via the mobile operatorSubscribing to BeYou premium for £4.50 per week in the UK, you will be charged directly on your mobile operator invoice.
7.2 WITHDRAWAL AND REFUND
THE COMPANY shall not provide for the right of withdrawal set out in Directive 2011/83/EU in respect of distance and off-premises contracts as regards the service contracts after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader.THE COMPANY’s products are digital and are deemed “used” after download or opening. This means that we cannot refund in regards to dissatisfaction with the product. In the case where a purchase error is made, please contact us via firstname.lastname@example.org to discuss a resolution.
7.3 PREMIUM MEMBERSHIP CANCELLATION
You may cancel your subscription at any time by contacting us on email@example.com. You will continue to have access to the Product through untill the end of your monthly billing period.
METHOD 1: Apple Store- iTunes subscriptionIf you purchased your premium membership through Apple’s IAP (in-app purchase) function and you wish to terminate your subscription, you are required to do so via Apple’s subscription platform. You will be billed if you have not cancelled this in the correct manner prior to your next billing date. To cancel your subscription:Open the Settings app on your iPhone or iPad.Tap on iTunes & App Store.Tap on your Apple ID at the top. Choose View Apple ID from the popup menu.Enter your password when prompted and tap on OK.Tap on Manage under Subscriptions tab.Turn the Auto-Renewal option on BeYou.
METHOD 2: Subscription via the mobile operatorTo stop your subscription please text STOP to 78660.
7.4 SUBSCRIPTION TARIFF
THE COMPANY reserves the right to vary the fees charged for our subscription-based Products from time to time. If fees are varied through the exercise of this right, then THE COMPANY will inform you of any such variation and provide you with one month’s notice of any such change. If you do not agree to this variation, you may cancel your subscription within 14 days of the changes coming into effect; you agree that this will be your only remedy with regards to a variation of our subscription charges. If you do not choose to cancel your subscription within 14 days of the change coming into effect, you will be deemed to have accepted the variation.
7.5 SALES POLICY AND THIRD-PARTY GATEWAYS
Some transactions for the purchase of our Products on our website and app are made through payment gateways such as Stripe: www.stripe.com. Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for any transactions made and are liable for any loss or damage you may suffer as a result of using the third party payment gateway.
You are solely responsible for any taxes on amounts you may pay or obtain through the Services. THE COMPANY will deduct applicable charges and taxes from any payable amounts, as required by law.
8. TERMINATION ACCOUNT
THE COMPANY can terminate your account. The grounds for such termination may include (i) extended periods of inactivity, (ii) violation of these Terms or the spirit of these Terms, (iii) fraudulent, harassing or abusive behaviour or (iv) behaviour that is harmful to other users, third parties, and the community philosophy of our Services or our business interests.In the event that we terminate your account, you may not register for the Services again, without our consent. If you believe that any action has been taken against your account in error, please do not hesitate to contact us at firstname.lastname@example.org.
If THE COMPANY detects that a violation of these Terms or any illegal or inappropriate behaviour has occurred, we may take any corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behaviour through the Services. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity, behaviour or activities of anyone believed to have violated these Terms or to have engaged in illegal behaviour.
You may request termination of your account at any time, for any reason by sending an email to email@example.com. Any suspension or termination of your account shall not affect your obligations to us under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability). Which by their sense and context are intended to survive such suspension or termination. You can at any time choose to cancel/end your account at your convenience. Please note that uninstalling the mobile application or closing your account will not automatically stop your subscription — you must actively cancel the subscription. To find out how to cancel the subscription and/or your account, please follow the instructions in the app. Special terms and conditions apply to BeYou Premium.
9. ABOUT THE COMPANY
THE COMPANY is not a medical organisation, and we will not provide you with any medical advice or diagnosis. You are responsible for your own health. The purpose of THE SERVICES is to help our users record what they eat, how they exercise and to track their health, weight and fitness progress. Information made available through THE SERVICES and by our partners and affiliates shall solely be used for a recreational purpose. THE COMPANY cannot guarantee any health, weight and/or fitness results or improvements. Nutritional information found in our database has been established by a certified Nutritionist. THE COMPANY cannot guarantee that the nutritional information provided in our database is accurate, reliant or complete. THE COMPANY is not responsible for any personal injury or any other damages that may have been the result, direct or indirect, of any use or misuse of THE SERVICES. Always consult with your doctor before starting a diet or fitness program or if you experience any pain or discomfort.
9.1. ABOUT DIETARY RECOMMENDATIONS
THE COMPANY is not a licensed medical care provider, and has not expertise in nutrition, diagnosing, examining or treating medical conditions of any kind. All the dietary information provided by THE SERVICE are just recommendations with a recreational purpose.The Nutrition guidelines in forms of weekly meal plans are not formulated to suit any nutrient deficiencies, allergies or any other food-related health problems. Please contact your doctor or a dietician prior to purchasing if you are unsure whether this Product is suitable for your dietary needs.The Nutrition Guidelines in forms of weekly meal plans are not formulated to suit the nutritional needs of pregnant or breastfeeding women. If required, we recommend visiting an Accredited Practicing Dietitian to help tailor a program specific to you and your baby’s needs.To cater for a broader range of alternative diets, the Nutrition HELP for Vegetarians includes recommendations and recipes for pescatarians and vegans. Please contact your doctor or nutritionist prior to purchasing if you are unsure whether this Product is suitable for your dietary needs.
THE COMPANY is not a licensed medical care provider, and has not expertise in fitness, examining or treating medical conditions of any kind. All the fitness information provided by THE SERVICE are just recommendations with a recreational purpose. If you have any concerns or questions regarding your health, you should always contact your doctor. If you experience faintness, dizziness, pain or shortness of breath at any time, you must stop the physical activity immediately and contact your doctor before resuming.
The content of our Site is not intended to replace or be a substitute for professional medical advice diagnosis or treatment. All content of our Site has been created for recreational purpose only.
As a recommendation, you must be in good physical condition before using any of our related services.
Before using our Product, you acknowledge and agree that by participating in physical activity there exists the possibility of physical injury. If you engage in any exercise in connection with any of our Products, you agree that you do so at your own risk.
10. DISCLAIMERS AND EXCLUSION OF LIABILITY
THE COMPANY is not a licensed medical care provider. THE COMPANY has not expertise in nutrition, fitness, diagnosing, examining or treating medical conditions of any kind.
We strongly recommend that you consult with you doctor before beginning any dietary or exercise program particularly if you have a personal or family health condition, as history of high blood pressure, heart disease, chest pain, smoking, high cholesterol, obesity, bone or joint problems or if you are pregnant (or other conditions).
THE COMPANY can only be held liable for an event that occurred due to its responsibility, and proven fault, where does not respect the terms stated in these T&C. In all other cases, THE COMPANY shall has not liability to the User in regards to any and all claims arising out of THE SERVICES. THE COMPANY shall not be held liable for any injury, indirect damages, immaterial damages, expectation damages, loss of income, profits or goodwill and loss of data or use, regardless of whether THE COMPANY has been warned of the possibility of such loss or damages.
THE COMPANY shall not assume any responsibility for the malfunction of THE SERVICES or failure to the Internet network or the service provided by a third-party. THE COMPANY shall not be held liable for damages caused by service interruption, malfunction of THE SERVICES, including incompatibility of use with some devices.
In terms on the recipes shown on our service, we collaborate with Yummly, that is an online platform that provides users with a collaborative space to find, discuss and share information about all things food, and that provides features to help users manage ingredients and cooking, through the website.
11. NOTICE T&C
THE COMPANY reserves the right, to revise or modify these Terms at any time, and you must agree on such revisions or modifications. You are responsible for reviewing these Terms and Conditions.
When THE COMPANY change this T&C, we will notify you with the aim that you review it. At this time, you will have the authority to accept or reject the changes. If you choose to reject, you make take action in terminating your account.
Your continued use of the services after the notice of a change or modification of these Terms will be determinate as your acceptance of the revised Terms. When the changes imply regard an express consent, it will be notified and required your indubitable action for consent. Services may not be available in all geographic locations. THE COMPANY does not undertake the obligation to monitor the contents of User Material.
The current version will always be posted on THE WEBSITE (http://beyouapp.com/web/). Any and all material changes shall become in effect between you and THE COMPANY upon your acceptance of such changes (e.g. by using the Services after such notification has been made to you or renew your subscription)
12. INTELLECTUAL PROPERTY
THE COMPANY and its licensors own THE SERVICES, including THE WEBSITE and the BEYOU, and any material or content made available through them. Under no circumstance shall the rights of exploitation contemplated in the intellectual property legislation in force of the aforementioned content shall be assigned to the User.
The trademarks, trade names or distinctive signs of any class displayed on the Website are owned by THE COMPANY or third parties. Under no circumstance shall their trademark rights be deemed to have been assigned to the User.
Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use any material made available in the Services and we reserve all rights not expressly granted herein.
In the event that any provision of these T&C was to be found, whether partially or fully, to be null or void, such invalidity shall only affect the provision or section considered to be void or unenforceable. The remaining provisions of these Terms shall continue in full force. The invalid provision, whether partially or fully, shall be considered as not included in these Terms.
15. GOVERNING LAW
These Terms and Conditions shall be governed and construed in accordance with Spanish Law.