MY BODY CREATOR, General Terms and Conditions (collectively, “Terms&Conditions”)
Date of last revision: 22.06.2020
CONDITIONS OF USE OF THE SERVICES ACCESSIBLE THROUGH MY BODY CREATOR
This document contains the general conditions of use of the informational resources and services provided by Smart App Solutions OOD (Ltd) to MY BODY CREATOR’s users, and settles the relations between Smart App Solutions OOD (Ltd), with place of business and registered office at 20 Tsaritsa Eleonora Str., Sofia, Bulgaria, managed and represented by Dimitar Uzunov and each of the registered users of the Services accessible through MY BODY CREATOR.
By using the application MY BODY CREATOR (collectively,“App”) on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you signify that you have read, understand and agree to be bound by these Terms&Conditions and any other applicable law. MY BODY CREATOR may change these Terms&Conditions at any time without notice, effective upon its posting to the App. Your continued use of the App shall consider your acceptance to the revised Terms&Conditions, whether or not you have reviewed them. If you do not agree to these Terms&Conditions, you should not use our App and, if applicable, you should arrange to cancel your registered user account or subscription with us.
In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the App, including, but not limited to: restricting the time the App is available, limiting the amount of use permitted, and tying down or terminating any user's right to use the App. You agree that any termination or cancellation of your access to, or use of, the App may be effected without prior notice. If you do not abide by the provisions of these Terms&Conditions, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or ban any further access to such information and/or files, or our App. Further, you agree that we shall not be liable to you or any third- party for any termination or cancellation of your access to, or use of, our App.
MY BODY CREATOR requires everyone to be at least 18 years old before they can create an account (in some jurisdictions, this age limit may be higher) and not to be older than 80 years old. Creating an account with false information is a violation of our terms. This includes also accounts registered on the behalf of someone under 18 years old or someone over 80 years old.
IF MY BODY CREATOR BECOMES AWARE OF OR SUSPECTS ANY VIOLATION OF THE IMPOSED AGE RESTRICTION, MY BODY CREATOR MAY, AT ITS SOLE DISCRETION, TERMINATE ALL OR ANY PORTION OF THE APP.
MY BODY CREATOR has several mandatory terms before you start using the app:
•The above outlined AGE RESTRICTION should be met.
•If a disease is present, consultation with a doctor is a must before the use of the application. The aim is not to harm the health of the consumer.
• If allergies are present, consultation with a doctor is a must before the application is started. The aim is not to harm the health of the consumer.
• You cannot start using the app in pregnancy. The aim is not to harm the health of the consumer and/or the health of the unborn.
Services (collectively,”Services”), rendered by MY BODY CREATOR (including, but not limited to), are:
BECOMING A REGISTERED USER
If you choose to become a registered user of our App, you agree to provide us with true, accurate and complete information about yourself (collectively,"Registered User Data"), and to maintain and promptly update the Registered User Data and any other information you provide to us, to keep it accurate. Without limiting any other provision of these Terms&Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our App (or any portion thereof). You agree not to assign, transfer or sublicense your rights as a registered user of this App. You further agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this App.
After selecting one of the available nutrition and training programs and filling all required information you will become a registered user of the App and the App will provide you personalized Services (collectively,”Program”). You are allowed to stop your current Program and start a new Program for a specified limited amount of times. MY BODY CREATOR may offer a free trial period. When using the free trial period you are allowed to stop your current Program and start a new Program up to three times. If you want to use the Services of the App after the free trial, you should pay the full amount for the requested period (collectively,” Paid Service”).
FEES, RENEWAL, SERVICES TERMINATION AND DISPUTES, REFUND POLICIY AND MODIFICATIONS
If you purchase Paid Service, you are obliged to pay MY BODY CREATOR the applicable fees and any related taxes (other than taxes on MY BODY CREATOR's income). Each purchase of Paid Service allows you to stop your current Program and start a new Program up to three times. MY BODY CREATOR may change its fees at any time by publishing written notice on the App. The fees may vary depanding on when the payment is executed. You authorize MY BODY CREATOR to charge the applicable fees to the payment method that you submit to MY BODY CREATOR and agree that MY BODY CREATOR and any MY BODY CREATOR affiliate may store your payment card information. You will pay all fees and taxes as they become due. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. If your payment card issuer, bank or other institution does not honor charges you have paid using your payment method, you will remain directly liable to MY BODY CREATOR for all unpaid amounts. If you fail to pay applicable fees, MY BODY CREATOR will cancel your access to the Services of the App.
You agree that your subscription will not be automatically renewed. MY BODY CREATOR will notify you prior to each renewal, and, unless you renew your subscription, we will not grant you access to the Services of the APP and will not charge your payment method for the renewal term. You should select the period of the renewal based on the available options prior to executing the payment. If you were eligible for a promotional rate but are no long eligible for that rate, then you will be offered to renew your subscription at the current non-promotional subscription rates at the start of the renewal period.
Cancellation is immediate. Once your membership has been canceled, you will no longer have access to your account. You will not be charged again after your account has been canceled. If your account is canceled before or during your free trial period you will not be charged. We will not refund fees that may have accrued to your account and will not prorate fees for a cancelled subscription. Periodically, we may offer a free trial subscription. If you register for a free trial subscription, we will cancel your access to the Services when the free trial subscription expires and activate it again only after you execute the required payment.
Nonpayment of any fees or other sums due to MY BODY CREATOR or any other party related to your use of the App will result in Services termination. We may, at our discretion, also appoint an outside debt collection agency to collect amounts owed to us. You agree to reimburse us for all costs that we incur in enforcing our collection of your unpaid amounts, including debt collection agency fees, reasonable attorneys' and legal fees and court costs.
All overcharges or billing disputes must be reported within 30 days of the time that the dispute occurred. If you dispute a charge to your payment method that, in our reasonable judgment, is a valid charge under the provisions of this Terms&Conditions, you agree to pay us an additional charge (collectively, “Administration Charge”) to investigate the matter. We will refund any such Administrative Charge if our investigation finds that your action in disputing the charge to your payment method was justified because the charge was not, in fact, a valid charge under the provisions of this Terms&Conditions.
MY BODY CREATOR offers a free trial period. If you want to use the Services of the App after the free trial you should pay the full amount for the requested period. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. All Paid Services and your rights to use them expire at the end of the paid period of your Paid Service account.
We reserve the right to revise the terms of the fees, renewal, services termination and disputes and refund policy, upon reasonable advance notice communicated to you through a posting on the App or such other means as we may deem appropriate (including electronic mail or conventional mail). Any changes made will apply to all memberships created or renewed after the date such change was implemented.
Certain functionalities offered by the App must be followed in order to achieve the desired effect. In case of not following the Program, MY BODY CREATOR may make automatic adjustments in the Program based on the information for the missed meals and the missed trainings. The App monitors your progress and may make automatic adjustments in the Program.
HEALTH AND MEDICAL SERVICE DISCLAIMER
MY BODY CREATOR DO NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE. THE SERVICES PROVIDED BY MY BODY CREATOR DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED. USE OF THE SERVICES IS NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CONTACT YOUR DOCTOR.
The App may include features that promote diet activity and physical activity. Consider the risks involved and consult with your medical professional/doctor and fitness instructor before engaging in any diet or physical activity. Any and all services provided by, in and/or through the App are for informational purposes only. MY BODY CREATOR is not a medical professional, and MY BODY CREATOR does not provide medical services or render medical advice. Nothing contained in the App should be construed as such advice or diagnosis. The information and reports generated by the App should not be interpreted as a substitute for physician consultation, evaluation, or treatment, and the information made available on or through the App should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition.
You have the right to choose whether food supplements should be included in your personalized Program. Before start taking any food supplements, you should carefully read and strictly follow the instructions written on their package. MY BODY CREATOR is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the App.
This App is intended for use only by healthy adult individuals. The App is not intended for use by minors, people over 80 years old, pregnant women, or individuals with any type of health condition. Such individuals are either permitted or specifically warned to seek professional medical advice prior to starting to follow any of the available Programs. You are urged and advised to seek the advice of a physician or a medical professional with any questions you may have regarding your health before beginning any Program, physical activities or any other plans that may be referenced, discussed or offered under the App.
If you are being treated for an illness, taking prescription medication or following a therapeutic diet to treat a disease, it is especially urged to consult with your physician before using the App. You represent to us (which representation shall be deemed to be made each time you use the App), that you are not using the App or participating in any of the activities offered by the App for purpose of seeking medical attention. You further agree that, before using the App, you shall consult your physician, particularly if you are at risk for problems resulting from exercise or changes in your diet. If any information you receive or obtain from using the App that is inconsistent with the medical advice from your physician, you should follow the advice of your physician.
IF MY BODY CREATOR BECOMES AWARE OF OR SUSPECTS ANY MEDICAL OR MENTAL CONDITIONS OR ILLNESS, MY BODY CREATOR MAY, AT ITS SOLE DISCRETION, TERMINATE ALL OR ANY PORTION OF THE APP.
FOOD DATABASE DISCLAIMER
As part of the Services, MY BODY CREATOR maintains a food and food supplements database, including foods and salads recipes, that contains nutritional information entered directly by MY BODY CREATOR (collectively,“Food Database”). Please be advised that nutritional information found in the Food Database might not contain complete, accurate, or reliable information. You are solely responsible for ensuring that any nutritional information in the Food Database is accurate, complete and useful. Nutritional information in the Food Database may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of MY BODY CREATOR.
MY BODY CREATOR DOES NOT (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY NUTRITIONAL INFORMATION IN THE FOOD DATABASE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY SUCH NUTRITIONAL INFORMATION. UNDER NO CIRCUMSTANCES WILL MY BODY CREATOR BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON NUTRITIONAL INFORMATION.
TRAINING DATABASE DISCLAIMER
As part of the App, MY BODY CREATOR maintains a training database that contains exercise information entered directly by MY BODY CREATOR (collectively,“Training Database”). Please be advised that all information found in the Training Database might not contain complete, accurate, or reliable information. You are solely responsible for ensuring that any exercise information in the Training Database is accurate, complete and useful. Exercise information in the Training Database may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of MY BODY CREATOR.
MY BODY CREATOR DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY EXERCISE INFORMATION IN THE TRAINING DATABASE; OR ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY SUCH EXERCISE INFORMATION. UNDER NO CIRCUMSTANCES WILL MY BODY CREATOR BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON EXERCISE INFORMATION.
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display this App and the material provided hereon for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms&Conditions. All intellectual property on the App is owned by MY BODY CREATOR or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by MY BODY CREATOR. All content on the App (except for Personal Information), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (collectively,“Content”) is a collective work under the European Union and other copyright laws and is the proprietary property of MY BODY CREATOR; All rights reserved. These rights are valid and protected in all forms, media and technologies existing now or hereafter developed. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer or other device, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website, mobile application or networked computer environment is strictly prohibited unless you receive our prior written consent.
The trademarks MY BODY CREATOR, Smart App Solutions OOD (Ltd) and all other trademarks listed below or used in the App are owned or used under license by Smart App Solutions OOD (Ltd). MY BODY CREATOR is a registered trademark in the Europian Union. The names of third parties and their products mentioned may be their trademarks. You may not use any of the above or other trademarks displayed on the App or in any App content. All rights are reserved.
APP USE RESTRICTIONS
You may use the Content of the App only for your own non-commercial use. You agree not to change or delete any ownership notices from materials downloaded or printed from the App. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, post, transmit or sell any Intellectual Property or Content appearing on the App, including Personal Information (defined below), without MY BODY CREATOR’s prior written consent, unless it is your own Personal Information that you legally post on the App. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms&Conditions shall be interpreted as granting any license of intellectual property rights to you.
DEALINGS WITH MERCHANTS AND LINKS
The App contains services and features that are available to certain mobile Devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using MY BODY CREATOR’s mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us.
You agree to indemnify, defend, and hold harmless MY BODY CREATOR, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your Personal Information, your use of the App, your conduct in connection with the App or with other App users, or any violation of these Terms&Conditions, any law or the rights of any third party.
MY BODY CREATOR has no obligation to provide customer support. However, MY BODY CREATOR may provide you with customer support periodically, at its sole discretion, if you are a registered user of the App.
MY BODY CREATOR is not responsible or liable for any Personal Information posted on the App or for any offensive, unlawful or objectionable content, you may encounter on or through the App. The App is provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, MY BODY CREATOR disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, diet and fitness for a particular purpose and non-infringement. MY BODY CREATOR cannot guarantee and does not promise any specific results from the use of the App. MY BODY CREATOR does not represent or warrant that the App will be uninterrupted or error-free, that any defects will be corrected, or that this App or the server that makes the App available are free of viruses or anything else harmful. To the fullest extent permitted by law, MY BODY CREATOR does not make any warranties or representations regarding the use of the materials or Content in the App in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the App, loss of data or other harm of any kind that may result. MY BODY CREATOR reserves the right to change any and all Content and other items used or contained in the App at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
If any provision in these Terms&Conditions is held invalid, the remainder of these Terms&Conditions shall continue to be enforceable. If any provision in these Terms&Conditions is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms&Conditions and the remaining provisions are still valid and enforceable.
MY BODY CREATOR reserves the right in its sole discretion to terminate your account, delete your profile and any of your Personal Information, and restrict your use of all or any part of the App for any or no reason, without notice, and without liability to you or anyone else. MY BODY CREATOR also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the App. These Terms&Conditions remain in effect even after your account is terminated. The Terms&Conditions relating to terms that by their nature may survive termination shall survive any termination.
If you have a need, you may contact us at Smart App Solutions OOD (Ltd), with place of business and registered office at 20 Tsaritsa Eleonora Str., Sofia, Bulgaria to the attention of the chief executive officer or alternatively, via email at [email protected].
COPYRIGHT © SMART APP SOLUTIONS OOD (LTD). ALL RIGHTS RESERVED.