MyFoodWatch™ End User License Agreement
Please read carefully the terms and conditions of this End User License Agreement ("EULA") before downloading, installing, or using the MyFoodWatch™ mobile application ("Mobile App"). By installing or using all or any portion of the Mobile App, you accept all the terms and conditions of this EULA. This EULA governs your use of the Mobile App and is a legal agreement between you (either an individual or an entity) and Elativo LLC ("ELATIVO"). If you do not accept the terms and conditions of this EULA, do not install or use the Mobile App.
1. GRANT OF LICENSE: ELATIVO grants to you a limited, revocable, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to download, install, and use the Mobile App for your personal use on a device (whether mobile device or other) owned and controlled by you in accordance with this EULA. ELATIVO reserves all rights in the Mobile App not expressly granted to you in this EULA. If installed on a network, the Mobile App may not be accessed by more than one device simultaneously.
2. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP: The Mobile App is owned by ELATIVO and is protected by United States copyright laws and international treaty provisions. You acknowledge and agree that you have no right, title or interest in and to the intellectual property rights in the Mobile App.
3. USE RESTRICTIONS: (a) You shall not use, copy, or modify the files containing the Mobile App, or any backup copy, in whole or in part, or translate such files into any other file format or language, except as expressly provided in this EULA. You may not transfer, rent, lease, sublicense or otherwise distribute the Mobile App to any third party. (b) You shall not reverse engineer, decompile, disassemble, attempt to derive the source code of, or decrypt the Mobile App for any purpose whatsoever. (c) You shall not use or encourage others to use the Mobile App in any manner that could harm or impair others’ use of the Mobile App. (d) You shall not use the Mobile App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA.
4. CONSENT TO USE OF DATA: You agree that ELATIVO may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Mobile App. You agree and acknowledge that the data collected may also include your geographic location, or geolocation. ELATIVO may use this information, as long as it is in a form that does not personally identify you, to operate, provide, improve, and develop its products, services and technologies, and for other purposes described in this EULA or to provide services and technologies to you.
5. OPEN SOURCE SOFTWARE: Portions of the Mobile App may include third party open source software that are subject to third party terms and conditions (“Third Party Terms”). A list of links to any third party open source software and related Third Party Terms is made available with the Mobile App. If there is a conflict between any Third Party Terms and the terms of this EULA, then the Third Party Terms shall prevail but solely in connection with the related third party open source software. Notwithstanding anything in this EULA to the contrary, ELATIVO makes no warranty or indemnity hereunder with respect to any third party open source software and hereby disclaims any and all liability to you or any third party related thereto.
6. DATA DISCLAIMER: The Mobile App may use publicly available data and data from various data providers. ELATIVO does not create this data, verify any data, vouch for its accuracy, precision, timeliness or completeness, or guarantee that it is the most current version of the data available from the data providers. ELATIVO (a) expressly disclaims the accuracy, reliability, timeliness, adequacy, or completeness of any data and (b) shall not be liable for any errors, improper or incorrect use of, omissions, or other defects in such data, regardless of how caused. Neither ELATIVO nor any its data providers will be liable for any damages relating to your use of the data provided in the Mobile App.
7. DISCLAIMER OF WARRANTIES: YOU UNDERSTAND AND AGREE THAT (a) YOUR USE OF THE MOBILE APP IS AT YOUR SOLE RISK. THE MOBILE APP IS LICENSED ON AN “AS IS’, “WITH ALL FAULTS, AND “AS AVAILABLE’ BASIS AND ELATIVO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) ELATIVO MAKES NO WARRANTY THAT (i) THE MOBILE APP WILL MEET YOUR REQUIREMENTS, (ii) THE MOBILE APP WILL PERFORM UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MOBILE APP WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE MOBILE APP WILL MEET YOUR EXPECTATIONS, (v) THE QUALITY OF INFORMATION PROVIDED OR DATA GATHERED WILL BE ACCURATE, LEGIBLE, OR COMPLETE AND (vi) ANY ERRORS IN THE MOBILE APP WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE MOBILE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) ELATIVO ASSUMES NO RESPONSIBILITY FOR DELETION OR FAILURE TO STORE ANY DATA ANY OTHER PERSONAILZATION SETTINGS. (e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ELATIVO OR THROUGH THE MOBILE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
8. LIMITATION OF LIABILITY: You assume responsibility for, among other things, (i) the selection of the Mobile App to achieve your intended results, (ii) the acquisition of other and/or equipment compatible with the Mobile App, and (iii) the installation, use and results obtained from the Mobile App. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ELATIVO OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ELATIVO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE MOBILE APP; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, OR SERVICES OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE MOBILE APP; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE MOBILE APP. IN ANY EVENT, THE LIABILITY OF ELATIVO AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO A MAXIMUM OF FIVE DOLLARS ($5.00). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEE FOR THE MOBILE APP SET BY ELATIVO HAS BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE ELATIVO AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 8.
9. INDEMNIFICATION: You agree to indemnify and hold ELATIVO, and its subsidiaries, affiliates, officers, directors, shareholders, agents, co-branders or other partners, and employees, harmless from any and all claims, actions, liabilities, losses, expenses (including reasonable attorneys' fees), damages, suits, costs, demands, or judgments whatsoever, whether groundless or otherwise, made by any third party due to or arising out of your use of the Mobile App, violation of this EULA, and/or your violation of any rights of another user of the Mobile App, person or entity.
10. TERM: This EULA will remain in effect until terminated. You may terminate this EULA at any time by uninstalling and permanently discontinuing your use of the Mobile App. It will also terminate upon conditions set forth elsewhere in this EULA or if you fail to comply with any term or condition in this EULA. You agree upon such termination to destroy all copies of the Mobile App in any form in your possession or under your control.
11. MAINTENANCE AND SUPPORT: ELATIVO may release and deploy changes, updates, or enhancements to the Mobile App at any time without notice. ELATIVO is solely responsible for providing any maintenance and support services with the respect to the Mobile App, but has no obligation whatsoever to furnish such services to you. Furthermore, such services may be terminated by ELATIVO at any time without notice.
12. GENERAL: (a) This EULA is personal between you and ELATIVO. It is not transferrable and any attempt by you to rent, lease, sell, export, import, distribute, lend, sublicense, assign or transfer any of the rights, duties or obligations hereunder, is void. This EULA and the conduct of the parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. (b) YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND ELATIVO WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND ELATIVO OR ELATIVO’S AGENT(S) RELATING TO THE MOBILE APP.
13. ADDITIONAL TERMS REGARDING APPLE: In addition to the terms set forth in the EULA and without derogating from the disclaimer of warranties and limitation of liability as set forth in the EULA, the following terms (the “Additional App Terms”) apply to your use of the Mobile App if you have obtained the Mobile App from the Apple App Store. In the event of any conflict between the Additional App Terms and the EULA, the Additional App Terms will prevail.
(a) You acknowledge that this EULA is between you and ELATIVO only, not with Apple, and Apple is not responsible for the Mobile App and the content thereof.
(b) The license granted to you for the Mobile App is limited to a non-transferrable license to use the Mobile App on an Apple-branded product that runs the iOS operating system that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
(c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App.
(d) In the event of any failure of the Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Mobile App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App.
(e) Apple is not responsible for addressing any claims by you or a third party relating to the Mobile App or your possession and/or use of the Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
(f) In the event of any third party claim that the Mobile App or your possession and use of the Mobile App infringes that third party’s intellectual property rights, Apple, will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property claim.
(g) You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(h) Any questions, complaints or claims with respect to the Mobile App should be directed to:
Mail: Elativo LLC, #105, 175 Strafford Avenue, Suite One, Wayne, PA 19087
(i) You must comply with applicable third party terms of agreement when using the Mobile App.
(j) Apple and Apple’s subsidiaries are third party beneficiaries of these Additional App Terms. Upon your acceptance of the terms and conditions of these Additional App Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Additional App Terms against you as a third party beneficiary hereof.
Last Updated: October 20, 2019