Terms, conditions and privacy
LICENSED APPLICATION END USER LICENSE AGREEMENT
Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
b. Consent to Use of Data: You agree that Licensor 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 Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, 'External Services'). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED 'AS IS' AND 'AS AVAILABLE,' WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
h. The Licensed Application 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. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
APP PRIVACY POLICY
For support contact: go@weightlosstracker.org
• Any app you download or use from Weight Loss Tracker Ltd. is a unique product on its own. All apps are developed and maintained by Weight Loss Tracker Ltd.
• Purpose and nature of the app and its functionality can be seen in the app store description page or weight-loss-tracker-ltd.web.app or WeightLossTracker.org website. The app may include introduction guide to explain you its features and functionalities. If you are not sure about apps feature or functionality, you can contact support email mentioned above.
• Your use of our website and any other apps from Weight Loss Tracker Ltd. is at your own risk.
• Neither Weight Loss Tracker Ltd. nor its partners provides any warranties or guarantees to any of the apps functionality or features. The use of the apps are at your own risk for any issues, problems or concerns directly or indirectly arising out of using our apps and websites.
• Always remember to get proper medical or professional assistance if you are using our health and fitness apps. Our apps are in no way a replacement or supplement to any of your medical or fitness conditions. Usage of the apps does not replace or suplement you from seeking proper professional assistance. Our Apps does not offer medical advice, diagnosis or treatments.
• If you have subscribed to us in website or by any other means, we will use your information to communicate with you regarding products or services only after getting your consent. We may contact you by app notifications or by email or SMS text for these purposes.
• App will send you in-app push notifications and can be customised inside app settings or within device settings.
• You are not allowed to use the apps without purchasing it from the apple app store. Using the app without paying the required fees is illegal and is strictly not allowed. Future versions of the app may include additional features, one off purchases, in-app purchases(consumable and/or non-consumable products) as applicable.
• If app requests Location information, its is provided by your phone/iOS internal GPS frameworks and sometimes internet connection is required to get a meaningful readable address. In case of descrepancies or incorrect location reporting, the app will not be held responsible. Always check all the settings including location and other features inside the app before using it. The location information is just an approximate indication of where you are.
• The processing of your personal data takes place in compliance with the General Data Protection Regulation (“GDPR”). We do not sell or share any personal or steps data with anyone or any other company unless you decide to do it yourself within the app. For Apple Health tracker apps, the app store description page will clearly show whether your data fully resides only in your phone. If we upload your personal/fitness data to our backend servers, we will get your explicit permission within the app before doing this. If no permission is prompted to you, it means your fitness/personal data fully resides only in your phone and/or apple health app.
• Any weight loss or calorie tracking or other health data reporting, planning or tracking with values or usage of our own estimator and tools must be done at your own risk. You are always required to get professional assistance from fitness professionals and doctors. You are solely responsible for reliance on any fitness or calorie calculation and results from the app. Any use of the values or tools inside the app must be done at your own risk.
• We may collect app usage information for analytical and improvement purposes like offering performance, bug fixes and new features.
• No refunds will be offered on any fee or payments in any situation. However iTunes refund policy may vary and future subscriptions on iTunes can be stopped for next billing cycle.
• Device information: We collect information from and about the device(s) you use to access our services, including hardware and software information such as IP address, device ID and type, device-specific and apps settings and characteristics, app crashes, app version, app name, type of user (pro/free), advertising IDs (such as Apple's IDFA, both of which are randomly generated numbers that you can reset by going into your device's settings), browser type, version and language, operating system, time zones, identifiers associated with cookies or other technologies that may uniquely identify your device or browser (e.g., IMEI/UDID and MAC address) information on your wireless and mobile network connection, like your service provider and signal strength.
• Firease Analytics for Apps is an analytics service provided by Google, Inc. The device information is also used for install attribution to find if your device has the app already installed and whether you are a new user and app events like in-app purchases to track our revenue. This is called 'App Install Tracking' and we use our partner 'AppsFlyer' for this purpose. AppsFlyer and Google firebase data privacy can be looked up from http://appsflyer.com and https://firebase.google.com
• E-Mail for Support: The only situation we may get access to your personal identifiable information (PII) is when you personally decide to email us your feedback or to provide us with a bug report. The PII we may get from you in that situation are strictly limited to your name, email address, mobile phone and the contents of your response only. In above situation, we guarantee that your PII will only be used for contacting you and improving our services. We will never use such information (e.g. your name, mobile and email address) for any other purposes, such as to further market our products, or to disclose your personal information to a third party for commercial gains.
• Data Controller and Owner
Weight Loss Tracker Ltd
100 Regus Windmill Hill Business Park
Swindon
SN5 6QR
United Kingdom
go@weightlosstracker.org
• You must refrain from posting adult, illegal, defamatory or illicit contents in any of our apps.
• All apps are used on your own risk and Weight Loss Tracker Ltd. will not be liable for any direct or indirect damages or loss or any conflict or any issues arising as a result of using the app or service or website.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on our website or app for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any services, information or materials on this app or our website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• Unauthorized use of this app or website may give rise to a claim for damages and/or be a criminal offence.
• Your use of this app and website and any dispute arising out of such use of the app and website is subject to the laws of England, Scotland and Wales.
• Copyright and Reproduction - Unless otherwise stated, all of the contents of this app and website are copyright of Weight Loss Tracker Ltd. No part or parts of this app and website or its content including any trade mark and logos or other materials may be copied or incorporated into any other website, database, publication or other work in any form whatsoever.
• About Health Data: On supported devices, our apps reads your Apple Health data with your permission to determine completion of activities. Details maintained in our apps will automatically be updated in Apple Health. All data is accessed in accordance with the iOS app review rules set by Apple. For Apple Health app trackers, the app store description page will clearly show whether your data fully resides only in your phone or if they are stored in our servers as well. If we upload your personal/fitness data to our backend servers, we will get your explicit permission within the app before doing this. If no permission is prompted to you, it means your fitness/personal data fully resides only in your phone and/or Apple health app. We do not sell or share any of your personal or fitness data with anyone or with any other third party company and will not use your health data for advertisements.
• Retention of Financial Data: We do not store or intend to store any financial details (credit or debit card numbers) on our system.
• We like to receive feedback and testimonials to help us improve our products and service. From time to time, we may contact you by post, email, telephone, mobile or fax to ask your opinions. If you do not want to be contacted please let us know.
• "Cookies" are small pieces of information sent by a web server to a mobile app, which enables the server to collect information from the app. Our website may use cookies for a number of purposes, for instance to enable us to simplify the logging on process for registered users, to help ensure the security and authenticity of registered users, to provide the mechanisms for efficient search etc. Whilst you do not need to allow your browser or app to accept cookies in order to use our web site and app, you must have cookies if you need to login to the app. Most mobile browsers and app allow you to turn off the cookie function. If you want to know how to do this please look at the help menu on your browser. As described above this will restrict the online login services you can use.