Terms of Use for Eated App
Last updated: May 12, 2024
AstaCorp OÜ (“we”) welcomes you (“you”). These Terms of Use (“Terms”) apply to our application “Eated App”, available on the App Store following the link (“App”).
By installing the App, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must delete the App.
If you have any questions or comments about these Terms, please contact us.
Content and Intellectual Property
Applicable Law and Jurisdiction
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Name |
AstaCorp OÜ |
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Registry code: |
16844483 |
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Address |
Harju maakond, Tallinn, Kesklinna linnaosa, Ahtri tn 12, 15551 |
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[email protected] – for general inquiries |
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[email protected] – for privacy inquiries |
Please note that we may not respond to offensive emails or messages. We kindly ask you to be polite during your communication with us.
In brief:
These Terms and Privacy Notice for the App constitute the entire legally binding agreement and understanding between us and our users.
By installing the App, you declare and confirm that:
In brief:
The App is compatible with iOS and available for free download on the App Store.
By installing the App, you acquire a free-of-charge license to use the App with a limited set of features as we may provide or cancel.
To use the App, you may need to register a personalized account (“Account”) by providing your email address or signing up through third-party accounts. Please note that your use of such third-party accounts is subject to their legal and data protection documents.
You must not transfer or assign your Account to someone else. If you know or have any reason to suspect that someone has gained access to your Account without your authorization, your credentials have been lost, stolen, misappropriated, or otherwise compromised, please immediately notify us.
To irreversibly terminate your Account, please use the relevant functionality of your Account.
At our sole discretion, we may allow you to explore the additional features of the App available under our subscription plans during a free trial subject to the then-current terms of the free trial offer displayed in the App.
Please note that when your free trial or the period of the free-of-charge use of a subscription plan expires, the subscription fee for the use of the relevant subscription plan will be automatically charged unless you cancel it in your device settings at least twenty-four (24) hours before the billing date.
The relevant subscription plan provides a set of additional features available in the then-current version of the subscription plan depending on the terms and conditions displayed in the App.
To get access to the additional scope of features of the App, you must purchase a relevant subscription plan we offer subject to the then-current subscription fee (including VAT, if applicable) shown in the App.
We reserve the right to change the subscription plans at any time. Should these changes significantly impact your use of the App, we will ensure you receive adequate notice.
Your payments are processed via the App Store.
Please note if you pay in a currency different from the currency in which the fees are quoted, your bank will apply its current exchange rate and/or add commissions and fees on top of our subscription fees.
We reserve the right to revise the subscription fees at any time. We shall provide you with adequate notice of any subscription fee changes before they become effective. If you do not agree to pay the updated subscription fees, you can cancel your subscription, and after your current subscription period expires, you can continue using the App’s free-of-charge features only (if applicable).
IF YOU DO NOT CANCEL YOUR SUBSCRIPTION BEFORE THE EFFECTIVE DATE OF THE FEE CHANGE, YOU WILL BE DEEMED TO HAVE AGREED TO THE UPDATED FEE, WHICH WILL BE CHARGED COMMENCING YOUR NEXT SUBSCRIPTION PERIOD.
Your subscription will automatically renew, and you will be charged a subscription fee for the subsequent subscription period unless you cancel it at least twenty-four (24) hours before the billing date in your device settings.
To do so, please, take the following steps:
Upon cancellation, your access to the additional features available under the cancelled subscription plan will remain until the end of the current subscription period.
If you have any problems with the functioning of the App, please contact us, and we will make every effort to help you.
YOUR PURCHASES MADE THROUGH THE APP STORE MAY BE REFUNDED BY CONTACTING APPLE SUPPORT DIRECTLY AND REQUESTING A REFUND.
Please follow these instructions:
We understand that life happens - and sometimes it’s just not the right time to start or continue with a program like Eated.
We’ll issue a refund for your initial subscription or add-on charges provided that you reach out to Support within 14 days of the charge date.
Renewal charges aren’t eligible for a refund, so please make sure you cancel your subscription or renewing add-on prior to the renewal date. Any cancellation requests received after your subscription or add-on renewal will go into effect at the end of that billing cycle.
To inquire about a refund within the 14-day grace period, please reach out to Eated Support by tapping the Preferences button (cog wheel, bottom right corner of your screen), and select Support - or directly via email [email protected]
In brief:
The App may depend on or contain the services provided by the third party (-ies).
The access and use of the other websites and apps we own or manage are subject to the relevant terms of use, software as a service agreement, or any other equivalents published on such websites and in apps and are not governed by these Terms.
The access and use of the websites, apps, and services we do not control are governed by third parties and do not fall under these Terms.
We are not responsible for the content, functions, and services offered through third-party websites, apps, or services and for any loss, damage, or other liabilities incurred as a result of your use of such websites, apps, services, and their content or functions. We do not control the features available or accessed through them.
You acknowledge that other terms of use, software as a service agreement, any other equivalent, and privacy notices or their equivalents apply to your use of third-party websites, apps, services, and their content or functions.
In brief:
The App is owned and managed by us or our affiliates.
The App and the materials in the App (other than what you upload to or otherwise provide while using the App), including text, graphics, information, images, drawings, trademarks, logos, video, sounds, music, software, and other materials (collectively, “Content”), as well as copyright and other intellectual property rights to such Content belong to us or our affiliates or is included in the App with the consent of the owner.
The Content does not include any materials you upload to or otherwise provide while using the App.
Subject to your compliance with these Terms, we grant you a limited, temporary, personal, non-exclusive, non-sublicensable, revocable, non-transferable, worldwide license to download and use the App on the device(s) that you lawfully own or control in the manner provided for in these Terms for personal non-commercial purposes.
We may provide upgrades, modifications, updates, or additions to the App. The terms of this license shall apply to any such upgrades, modifications, updates, or additions unless a separate license accompanies it.
Under this license, you shall not:
Your license to access and use the App shall be automatically revoked if you violate these Terms. We reserve all rights not expressly stated in these Terms.
We will enforce our intellectual property rights and use any remedy available under the applicable law.
“User Content” means any files, including pictures, text, videos, sound recordings, and other materials, added or accessed via the App by you. As between you and us, you retain ownership of the User Content to the extent permitted by applicable law and are responsible for your User Content and information that you submit or access through the App.
We appreciate any of your feedback and comments regarding our App or any Content (collectively, – “Feedback”).
Please note that by submitting the Feedback to us directly or via any platform or social media, you:
Please contact us to request to refrain from or discontinue our use of your Feedback at any time.
The Feedback appearing on our websites, social media accounts, and marketing, advertising, and other communication reflects the individual experience of their authors. We do not claim, nor should the reader assume, that any individual experience recounted is typical or representative of what any other user might experience.
In brief:
The App and Content are provided to you “as are.”
We do not provide you with any promises that you or you will reach any key performance indicators or any other results as a consequence of any access or use of the materials in our App.
By accessing the App, you declare and confirm that you are duly informed, aware of, and have no claims, demands, or objections that any of your activity is conducted at your own risk and all results of any access or use of the materials or functionality of the App is implemented solely at your own discretion and under your sole responsibility.
To the fullest extent permitted by law, we disclaim all warranties concerning the App, its functionality, Content, and any information published on or available via the App, including, without restrictions, warranties of fitness for a particular purpose, merchantability, and non-infringement of intellectual property rights of third parties or other rights.
We make no promises or guarantees regarding the accuracy, usefulness, reliability, and correctness of the App, Content, and information included in or available via the App and Content or published there.
We do not warrant that the operation of the App will be uninterrupted or secure, that any defects will be corrected, or that they will be free of viruses or other harmful elements.
We do our best to keep your data safe and secure and maintain the App’s functionality. However, the App may be unavailable for various factors beyond our control, including emergencies, third-party service failures, hacker attacks, transmission, equipment or network problems or limitations, interference, and signal strength, and may be interrupted, refused, limited, or curtailed.
We are not responsible for data loss or the inability to use the App or Content caused due to the above.
THE INFORMATION AVAILABLE IN OR VIA THE APP DOES NOT CONTAIN ANY MEDICAL CLAIMS AND IS NOT INTENDED TO DIAGNOSE OR TREAT ANY HEALTH PROBLEMS OR DISEASES. ANY REFERENCE TO MEDICAL OR HEALTH BENEFITS IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL ADVICE OR PRESCRIBED MEDICATION OR AS A DIAGNOSIS OF A PARTICULAR CONDITION.
THE APP CANNOT AND DOES NOT CONTAIN ANY PROFESSIONAL MEDICAL OR HEALTH-RELATED ADVICE.
THE MEDICAL OR HEALTH INFORMATION IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR ANY PROFESSIONAL ADVICE.
ACCORDINGLY, BEFORE TAKING ANY ACTIONS BASED ON SUCH INFORMATION, WE ENCOURAGE YOU TO CONSULT WITH THE APPROPRIATE PROFESSIONALS.
WE DO NOT PROVIDE ANY KIND OF MEDICAL OR HEALTH CARE ADVICE. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED IN THE APP IS SOLELY AT YOUR OWN RISK.
IF YOU HAVE ANY MEDICAL CONDITION, CONTACT YOUR HEALTHCARE PROVIDER IMMEDIATELY BEFORE USING THE APP.
In brief:
To the fullest extent permitted under the applicable law, we shall not be held responsible if any information, materials, or Content is available through the App or any typographical errors or omissions in the text or other materials.
In no event shall we, our affiliates, our subcontractors, or any other team members be liable for any direct, indirect, incidental, special, consequential, or incidental damages, including lost profits, loss of data, or damage to property, related to the use or inability to use the App or Content. We, our affiliates, our subcontractors, or any other team members shall not be liable for damage caused by the use of information obtained through the App or Content, as well as as a result of errors, defects, and interruptions in the App, even if we were notified of such damage.
We are not liable for any results of your implementation and application of the results of any access or use of the materials of the App in your personal or business activity.
The above disclaimer applies to the fullest extent permitted by applicable law.
Should any portion of these limitations of liability be held invalid or unenforceable for any reason, or should we be found liable to you in any manner, then our cumulative liability for all claims under such circumstances shall not exceed the amount you have paid to us in the year preceding the claim.
You agree to be liable for your compliance with these Terms while accessing or using the App or Content.
In brief:
You agree to defend, indemnify, and hold harmless us, or our shareholders, directors, and all other officials, employees, contractors, subcontractors, vendors, and all other counterparties from and against all claims, responsibility, damages, losses, and expenses, including reasonable legal and accounting expenses, arising from:
We reserve the right to handle our legal defense however we see fit, including instances when you indemnify us. Therefore, you agree to cooperate with us to execute our strategy.
In brief:
These Terms shall be exclusively governed by and construed under the laws of the Republic of Estonia, excluding its rules on conflict of laws.
Except where prohibited by applicable law, and without limitation to any statutory rights of consumers, you agree that any dispute, conflict, claim, or controversy directly or indirectly arising out of in connection with or relating to the App, Content, or these Terms, including, without limitation, those relating to its validity, its construction, or its enforceability shall be resolved through amicable negotiations directly with us following the principles of good faith and cooperation.
If we cannot reach a consensus through negotiations, the dispute shall be settled exclusively in the national courts of the Republic of Estonia, subject to its jurisdiction rules, with the applicable substantive law of the Republic of Estonia.
All claims shall be brought within one (1) year after the claim arises, except to the extent that a more extended period is required by applicable law.
By using the App and providing us with your contact information, you understand and agree that we may send you recommendations and information via email regarding, without limitation:
Note, however, that some email messages may be more “commercial” in nature than others, as they may advertise our services or offers we believe you may be interested in. You may unsubscribe from receiving these emails from us by following the instructions provided in such communications.
In brief:
We reserve the right at our sole discretion to modify, suspend, or discontinue the App, Content, features or offers available via the App at any time. You agree that we shall not be liable to you or any third party should any of the preceding occur.
We reserve the right to take whatever lawful actions we may deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension or termination of your license (in whole in particular part) and access to the App and Content.
We will cooperate with legal authorities or third parties to investigate any suspected or alleged crime or civil wrong.
You may terminate your access to and use of the App at any time by deleting it and ceasing all access and use unless you are subject to an active subscription. Upon your termination of the App use, all permissions and licenses granted to you under these Terms will immediately cease without any obligation on our part to offer refunds.
PLEASE NOTE THAT WHEN YOU DELETE THE APP ON YOUR DEVICE WITH AN ACTIVE RECURRING SUBSCRIPTION, IT DOES NOT AUTOMATICALLY CANCEL IT. YOU MUST MANUALLY CANCEL YOUR SUBSCRIPTION.
We reserve the right to transfer our rights and obligations under these Terms to a third party, but this will not affect your rights or our obligations under these Terms.
We reserve the right to modify these Terms at any time at our sole discretion. If material changes affect your use of the App, we’ll notify you via the App, our website, or otherwise at our sole discretion. If you continue to use the App, you agree to the updated version of these Terms.
If any provision of these Terms is recognized unlawful, void, or unenforceable by a relevant authority, the remaining provisions will remain valid and enforceable.
A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to the use of the App to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.