Terms of Use for Nutreaze
1. Introduction
1.1 App and Company Information
Nutreaze ("the App") is a calorie and fitness tracker owned and operated by Masai Code Ventures LTD ("we," "us," or "our"), a company registered in Nairobi, Kenya.
1.2 Agreement to Terms
By accessing or using Nutreaze, you agree to be bound by these Terms of Use ("Terms"). If you disagree with any part of the Terms, you may not access or use the App.
2. User Responsibilities
2.1 Account Registration
To use certain features of the App, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
2.2 User Conduct
You agree not to use the App:
- For any unlawful purpose or to solicit the performance of any illegal activity
- To harass, abuse, or harm another person
- To impersonate or attempt to impersonate Masai Code Ventures LTD or its employees
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App
2.3 Age Restrictions
You must be at least 13 years old to use the App. By using the App, you represent and warrant that you meet this age requirement.
3. Intellectual Property
3.1 Ownership of Content
The App and its original content, features, and functionality are owned by Masai Code Ventures LTD and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
3.2 User-Generated Content
You retain any and all of your rights to any content you submit, post, or display on or through the App ("User Content"). By posting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the App.
4. License to Use the App
4.1 Grant of License
Subject to these Terms, Masai Code Ventures LTD grants you a limited, non-exclusive, non-transferable, and revocable license to use the App for your personal, non-commercial purposes.
4.2 Restrictions
You agree not to, and you will not permit others to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the App
- Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the App
- Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Masai Code Ventures LTD or its affiliates, partners, suppliers or licensors
5. Termination
5.1 Grounds for Termination
We may terminate or suspend your account and bar access to the App immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
5.2 Effect of Termination
Upon termination, your right to use the App will immediately cease. If you wish to terminate your account, you may simply discontinue using the App. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
6. Disclaimers and Limitations of Liability
6.1 "As-Is" Basis
Your use of the App is at your sole risk. The App is provided on an "AS IS" and "AS AVAILABLE" basis. The App is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
6.2 No Warranties
Masai Code Ventures LTD, its subsidiaries, affiliates, and licensors do not warrant that a) the App will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the App is free of viruses or other harmful components; or d) the results of using the App will meet your requirements.
6.3 Limitation of Liability
In no event shall Masai Code Ventures LTD, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the App; (ii) any conduct or content of any third party on the App; (iii) any content obtained from the App; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
7. Modifications to the Terms
7.1 Right to Modify
We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
7.2 Notification of Changes
If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our App after any revisions become effective, you agree to be bound by the revised terms.
8. Governing Law and Jurisdiction
8.1 Legal Jurisdiction
These Terms shall be governed and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions.
8.2 Dispute Resolution
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Nairobi, Kenya. The language to be used in the arbitral proceedings shall be English.
9. User Data and Privacy
For information about how we collect, use, and share your personal data, please review our Privacy Policy [link to Privacy Policy].
10. Third-Party Services
10.1 Third-Party Links
The App may contain links to third-party websites or services that are not owned or controlled by Masai Code Ventures LTD. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.
10.2 Third-Party Terms
You acknowledge and agree that Masai Code Ventures LTD 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 use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
11. Indemnification
You agree to defend, indemnify and hold harmless Masai Code Ventures LTD and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the App, by you or any person using your account and password; b) a breach of these Terms, or c) User Content posted on the App.
12. Contact Information
If you have any questions about these Terms, please contact us at:
Masai Code Ventures LTD Nairobi, Kenya Email: hello@masaicode.com
13. Compliance with App Store Guidelines
13.1 Google Play Store
This App complies with Google Play's Developer Program Policies and Developer Distribution Agreement.
13.2 Apple App Store
This App complies with Apple's App Store Review Guidelines and Apple Developer Program License Agreement.
14. Additional Legal Considerations
14.1 Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
14.2 Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
14.3 Assignment
You may not assign or transfer these Terms or your rights and obligations under these Terms without our prior written consent. Any attempted assignment or transfer in violation of this section will be null and void. We may freely assign or transfer these Terms without restriction.
14.4 Entire Agreement
These Terms, including any legal notices and disclaimers contained on this App, constitute the entire agreement between you and Masai Code Ventures LTD regarding your use of the App, and supersede all prior agreements and understandings with respect to the same.
14.5 Changes to the App
We reserve the right to withdraw or amend this App, and any service or material we provide via the App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the App is unavailable at any time or for any period.
14.6 User Data Retention and Deletion
Upon your request, we will delete or anonymize your personal data in accordance with applicable data protection laws, except where we are required to retain this information by law.
14.7 Export Control
You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained.
14.8 U.S. Government End Users
The App and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. The App is being licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
14.9 GDPR Compliance
For users in the European Union, we comply with the General Data Protection Regulation (GDPR). For more information on how we process your personal data, please refer to our Privacy Policy.
14.10 California Consumer Privacy Act (CCPA) Compliance
For users in California, we comply with the California Consumer Privacy Act (CCPA). Please refer to our Privacy Policy for information on your rights under the CCPA.
By using the Nutreaze app, you acknowledge that you have read these Terms of Use and agree to be bound by them.
Last updated: 9th August 2024