shape.up Terms of Service
We reserve the right, in our sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. You are responsible for reviewing these Terms periodically. Your continued use of the Services after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms.
Subject to the terms and conditions hereof, during the period these Terms are in effect, Sweetch allows you to use the Services on a non-exclusive basis. Sweetch may change, modify, terminate or update the Services at any time without prior notice to you, including to remove functionality. Currently, Sweetch makes the Services available free-of-charge to you. Sweetch may choose at any time to charge for your future use of the Services or any part thereof, or to modify its current payment structure. In order to use the Services, you must be 18 years of age or older, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years. You may not use the Services if your access to or use thereof violates any applicable law or regulation.
We are not a health care provider. The contents of the Services, such as text, graphics, images, information obtained from our licensors, users, employees and other material contained in the Services are not a substitute for the professional judgment of a physician or health care professional in diagnosing and treating patients. Neither the content nor any other service offered by or through these Services is intended to be for medical diagnosis or treatment. We do not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, “off-label” drug uses or other information that may be mentioned on our Services and our members are required to disclose any such conflicts of interest. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding personal health, medical conditions or drugs and before commencing or discontinuing any course of treatment, medication or any exercise plan. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of any information you have received or obtained through the use of the Services. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are experiencing a medical emergency, please immediately call for emergency medical help. While we aim to help you prevent diabetes, we cannot and do not warrant that use of our Services will achieve the same.
You may register to use Sweetch by providing the requested information. We may change the method of registration or logging on, including the types of accounts and the Services provided through them, at our discretion. Sweetch reserves the right to refuse to allow any user to open 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 respect of your 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 are responsible for maintaining the confidentiality of the login information for your account. You may not open more than one account at one time. You are fully and solely responsible for the security of your computer system, mobile device and all activity on your account, even if such activities were not committed by you. We may terminate your use of the Services if you let someone use your account inappropriately or if you or anyone using your account violates these Terms. You agree to immediately notify us via email at email@example.com of any unauthorized use of your account. Sweetch will not be liable for any losses or damage arising from unauthorized use of the Services, and you agree to indemnify and hold Sweetch harmless for any improper or illegal use of the Services, and any charges and taxes incurred, unless you have notified us immediately at the email address listed above.
Termination of Account
You agree that we may for any reason, in our sole discretion and without notice, terminate your account. 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 behavior; (iv) behavior that is harmful to other users, third parties, or our business interests; or (v) failure to be in compliance with the criteria for the provision of the Services or participation in the trial. In the event that we terminate your account, you may not register for the Services again without our express permission. If you believe that any action has been taken against your account in error, please contact us at firstname.lastname@example.org.
In addition, if we believe, in our sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity, behavior or activities of anyone believed to have violated these Terms or to have engaged in illegal behavior. We may disclose user data to the appropriate authorities if we have reasonable basis to believe that disclosure of such information will protect the life, body or property of our users or third parties. You may request termination of your account at any time and 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.
Program and Recommendations
Sweetch and its licensors own Services, including any material or content made available through the Services, and all worldwide intellectual property rights, including, without limitation, copyrights, patents, trademarks and trade secrets in the foregoing. The provision of the Services does not transfer to you or any third party any rights, title or interest to such intellectual property rights. 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. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of ours or any third party. You are not required to provide us with any feedback or suggestions regarding the Services. However, should you provide us with comments or suggestions for the modification, correction, improvement or enhancement of Services then you agree that no such feedback shall be subject to any obligation of confidentiality, and we may use or publish such feedback at our discretion.
Rules of Use
You agree that you will not: (a) solicit another person’s account information or other personal information under false pretenses or otherwise attempt to gain unauthorized access to the Services; (b) impersonate another user or otherwise misrepresent yourself in any manner (including creating multiple accounts or personas) whether to another user, to us, or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent, (d) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam or any other form of unsolicited messages, (e) violate the legal rights of others, including defaming, abuse, stalking or threatening users; (f) infringe the intellectual property rights, privacy rights, or moral rights of any third party, (g) post or transmit any content that is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (h) violate any applicable law, rule or regulation, (i) publish falsehoods or misrepresentations; (j) post or transmit any material that is (or reasonably should be understood to be) libelous, defamatory, obscene, offensive, including material promoting or glorifying hate, violence, or bigotry or otherwise inappropriate to the community ethos of the Services; (k) post or transmit any virus, worm, Trojan horse, or other harmful or disruptive component; (l) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content; or (m) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, the Services. You may not, nor may you assist other parties to (1) copy, modify, or create derivative works of the Services, (2) reverse-engineer, disassemble, or attempt to derive the source code of the software used to provide the Services, or (3) attempt to disable or circumvent any security or access control mechanism of the Services.
No Warranties; Disclaimer
To the maximum extent permitted by applicable law, your use of any aspect of the Services is at your own risk and discretion. We are not health professionals and any health and/or lifestyle advice that we provide you must be checked with your health professional. Please exercise responsibly, and consult with your medical professional before starting any exercise program. You are solely responsible for any choices that you make regarding your health, exercise, activities and/or lifestyle.
To the maximum extent permitted by applicable law, we make no representations or warranties whatsoever in respect of the Services. Information regarding your health and other information may be provided from your synchronized Exercise Applications. We cannot and do not accept any liability whatsoever in respect of any information and/or content which is provided by third parties. Sweetch is not an agent of your health care provider. To the maximum extent permitted by applicable law, we disclaim all liability, regardless of the form of action, for the acts or omissions, of such entities, online or offline, or for any personal injuries, death, property damage, or other damages including consequential damages or expenses resulting therefrom. Sweetch has no liability and will make no refund in the event of any delay, cancellation, strike, force majeure or other causes beyond its direct control and it has no responsibility for any additional expense, omissions or acts of any government or authority. To the maximum extent permitted by applicable law, everything available on or through the Services is provided to you “AS-IS” and “AS-AVAILABLE” without warranty of any kind. Without limiting the foregoing, we disclaim any implied or statutory warranties in respect of merchantability, fitness for a particular purpose or non-infringement in respect of the Services. Sweetch does not warrant that any description provided through the services regarding health, exercise, activities and/or lifestyle information and/or otherwise is accurate, complete, reliable, current, healthful, safe or error-free.
No advice or information, whether oral or written, obtained by you from Sweetch, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk.
Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall we be liable to you or any third party for any damages, including but not limited to general, incidental, consequential, indirect, direct, special or punitive damages, arising out of or relating to the Services or content, including in respect of lost data or lost opportunities. In any case, to the maximum extent permitted by law, our entire liability under any provision of these Terms shall not exceed amounts paid by you directly to us for the use of the Services hereunder. As such, if you have not made any payments to us in order to use the Services, we shall not have any liability to you whatsoever.
In addition to the foregoing, Sweetch assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission or communications line failure. Sweetch is not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet, including any injury or damage to users or to any person’s mobile device or computer related to or resulting from participation or use of the Services. Sweetch cannot and does not warrant that any Exercise Application or third-party device shall transmit any information to us, correct or otherwise, or that any information submitted by you shall be retained and stored, correctly or at all. To the furthest extent permitted under applicable law, under no circumstances shall Sweetch be responsible for any loss or damage, including personal injury or death, resulting from use of the services, whether online or offline, or in connection with performance of activities or exercising while using or refraining from using recommendations provided by the Services.
You agree to indemnify, defend, and hold us harmless (including our employees, directors, officers, subcontractors and agents) against any and all claims, damages, losses, liabilities, costs or expenses (including reasonable attorneys’ fees and court costs) (“Claims”) that arise directly or indirectly from: (a) the breach of these Terms by you or anyone using your computer, mobile device, password or login information, including due to submission of false reports of your activities, including exercise activities, and levels thereof; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Services; (c) your violation of any law or regulation; (d) your infringement of any right of any third party, including without limitation the infringement of any third party intellectual property right or moral right; or (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Services shall be in compliance with all applicable laws, regulations and guidelines.
These Terms are an agreement between you and Sweetch. Apple has no responsibility for the Application or the content of the Application, including in respect of claims of intellectual property infringement, product liability or in respect of claims that the Application does not conform with applicable law. To the maximum extent permitted by applicable law, Apple provides no warranty in respect of the Application and has no obligation to provide support in respect of the Application. All claims in respect of the Application must be directed to Sweetch and not to Apple. Your use of the Application must be in compliance with the App Store Terms of Service, and you may only use the Application on an iPhone or iPod that you own or control as permitted by such terms. In the event the Application fails to conform to the warranty set forth herein, you may notify Apple, and Apple will refund the purchase price for the Application to you. Apple shall be a third party beneficiary of these Terms with the right to enforce these Terms against you.
These Terms shall be governed by the law of the State of Israel exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms or the Services shall be brought exclusively in the court located in Tel-Aviv/Jaffa, and you irrevocably consent to their jurisdiction. Any cause of action against us must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision as permitted by applicable law, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and us or enables you to act on our behalf. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and supersedes any other agreements, understandings or warranties. Nothing contained in these Terms shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. We may assign our rights under these terms to any third party. You may not assign your rights or obligations hereunder except as we expressly permit in writing. Any notice to be provided to you pursuant to these Terms maybe provided to the email address or other contact information you have provided to us.
Last updated: May 2019