Eatiful App Terms of Use:
End User License Agreement (EULA)
LICENSED APPLICATION END-USER LICENSE AGREEMENT
Effective Date: 4th December 2024
This Licensed Application End-User License Agreement (“Agreement”) is a legal agreement between you (“End-User” or “you”) and Eatiful Limited (“Licensor,” “we,” “us,” or “our”) governing your use of the Eatiful mobile application (the “Licensed Application”). By downloading, accessing, or using the Licensed Application, you agree to be bound by this Agreement. If you do not agree, do not download or use the Licensed Application.
1. Definitions
For the purposes of this Agreement, the following terms have the meanings set out below:
1. Licensed Application: Refers to the Eatiful mobile application and any updates, subscriptions, in-app purchases, or supplementary services provided by Licensor.
2. End-User or you: Refers to the individual who downloads, accesses, or uses the Licensed Application.
3. Licensor or we: Refers to Eatiful Limited, the provider of the Licensed Application.
4. Premium Services: Refers to any subscription-based or paid features offered within the Licensed Application.
5. Content: Includes text, graphics, images, audio, video, software, and other materials accessible through the Licensed Application.
6. User Content: Refers to any content, comments, feedback, suggestions, or other materials submitted by End-Users via the Licensed Application.
7. Usage Rules: Refers to the rules set forth in the Apple Media Services Terms and Conditions governing the use of the Licensed Application.
8. External Services: Refers to third-party tools, websites, or services that the Licensed Application may enable you to access.
9. Personal Data: Refers to information that identifies or relates to an individual user, as defined in the Privacy Policy at https://www.eatiful.co/app-privacy.
10. EULA: End User License Agreement
2. Scope of License
Licensor grants you a non-transferable, non-exclusive license to use the Licensed Application on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. This license allows access and use by other accounts associated with the purchaser via Family Sharing or volume purchasing where applicable.
The terms of this Agreement 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 accompanied by a separate custom agreement.
You may not:
- Distribute or make the Licensed Application available over a network where it could be used by multiple devices simultaneously.
- Transfer, redistribute, sublicense, or resell the Licensed Application.
- Reverse-engineer, disassemble, modify, or create derivative works of the Licensed Application, updates, or any part thereof, except as permitted by applicable law.
If you sell your Apple device to a third party, you must remove the Licensed Application from the device before doing so.
3. Legal Compliance
By using the Licensed Application, you represent and warrant that:
1. You are not located in a country that is subject to a U.S. government embargo or has been designated by the U.S. government as a "terrorist-supporting" country.
2. You are not listed on any U.S. government list of prohibited or restricted parties, including the U.S. Department of Treasury's Specially Designated Nationals List or the U.S. Department of Commerce's Denied Persons List or Entity List.
You agree to comply with all applicable laws and regulations when using the Licensed Application, including but not limited to export control laws and restrictions.
4. Third-Party Terms and Beneficiary
4.1 Third-Party Terms
Your use of the Licensed Application may be subject to additional third-party terms and conditions. By using the Licensed Application, you agree to comply with all applicable third-party agreements, including but not limited to:
1. Any agreements with your internet or mobile data service provider that may apply to your use of the Licensed Application.
2. Any terms and conditions governing the use of third-party tools, services, or frameworks integrated into the Licensed Application, such as HealthKit or HomeKit (if applicable).
Eatiful Limited is not responsible for any fees, charges, or consequences resulting from your breach of third-party agreements.
4.2 Third-Party Beneficiary
You and Eatiful Limited acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement. Upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
5. 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, application software, and peripherals. This data is collected periodically to facilitate updates, support, and other services related to the Licensed Application. All data collected will be handled in accordance with our [Privacy Policy](https://www.eatiful.co/app-privacy).
Licensor may use anonymized or aggregated information to improve its products or provide services to you.
6. Maintenance and Support
Eatiful Limited is solely responsible for providing maintenance and support services for the Licensed Application, as required under applicable law. You and Eatiful Limited acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Licensed Application.
7. Medical Advice & Emergencies Disclaimer
The Licensed Application and its content are for informational and self-help purposes only and do not constitute medical advice.
The Licensed Application is not intended to diagnose, treat, cure, or prevent any medical condition or disease. The Licensed Application does not replace professional medical advice, diagnosis, or treatment.
The Licensed Application is not suitable for use in a medical emergency. If you believe you may have a medical emergency, immediately contact emergency services (e.g., dial 999 in the UK or 911 in the US) or consult your healthcare provider.
Never disregard professional medical advice or delay seeking it because of something you have read or accessed through the Licensed Application.
You should consult a physician or qualified healthcare provider before making any health-related decisions, particularly if you have a medical condition, dietary restrictions, or other health concerns.
8. Acceptable Use Policy
When using the Licensed Application, you agree not to:
- Harass, defame, or intimidate others.
- Disclose personal information about others without consent.
- Use automated tools (e.g., bots, scrapers) to access the app.
- Reverse-engineer or tamper with the Licensed Application.
- Engage in fraudulent, unlawful, or unauthorized activities.
Violations of this policy may result in account termination or legal action.
9. Premium Services, Subscriptions, and Payments
Premium Services offered within the Licensed Application are subject to subscription fees. By subscribing, you authorize Apple to charge your account at the rate displayed at the time of purchase, including any applicable taxes.
Auto-Renewal
Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period. Renewal charges will be processed within the 24 hours prior to the end of the billing cycle.
Cancellation
You can manage or cancel your subscriptions through your Apple ID account settings. If you cancel, you may continue to use the Premium Services until the end of your current billing period, but no refunds will be provided for unused time.
10. Refund Policy
Refunds for purchases made via the Apple App Store must be requested through Apple and are subject to their policies. Free trials or promotional periods must be canceled before the trial ends to avoid charges.
To request a refund, contact Apple directly via [reportaproblem.apple.com](https://reportaproblem.apple.com).
11. Indemnification
You agree to indemnify, defend, and hold harmless Eatiful Limited, its affiliates, and their respective officers, employees, and agents, from and against any claims, liabilities, damages, losses, or expenses (including legal fees) arising out of or related to:
1. Your use of the Licensed Application.
2. Your violation of this Agreement.
3. Any User Content you submit that infringes on the intellectual property or proprietary rights of any third party.
12. Arbitration
Any disputes arising out of or related to this Agreement shall be resolved by binding arbitration under the rules of the Chartered Institute of Arbitrators (CIArb), except where prohibited by law or where statutory rights entitle you to pursue claims through the courts. This arbitration agreement does not limit your rights under applicable law.
13. Warranty Disclaimer
To the maximum extent permitted by law:
1. The Licensed Application is provided "as is" and "as available" without any warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
2. Eatiful Limited does not guarantee that the Licensed Application will meet your expectations, operate uninterrupted, or be free from defects.
In the event of any failure to conform to applicable warranties, you may notify Apple for a refund of the purchase price. Apple has no other warranty obligation.
14. Limitation of Liability
To the maximum extent permitted by law:
1. Eatiful Limited is not liable for indirect, incidental, or consequential damages, including loss of profits, data, or use, arising out of your use of the Licensed Application.
2. Our total liability for any claims is limited to the amount paid for the Licensed Application or £50 GBP, whichever is greater.
15. Product Claims
You acknowledge that Eatiful Limited, not Apple, is responsible for addressing any claims related to:
1. Product liability.
2. Failure to conform to applicable legal or regulatory requirements.
3. Claims under consumer protection or similar laws related to the Licensed Application.
Apple has no responsibility for investigating, defending, settling, or discharging such claims.
16. Intellectual Property Rights and Protections
Intellectual Property Rights
You acknowledge that Eatiful Limited owns all intellectual property rights in the Licensed Application and its Content.
User Warranty and Indemnification
By using the Licensed Application, you represent and warrant that your actions and User Content:
1. Comply with applicable laws.
2. Do not infringe on the intellectual property rights of third parties.
You agree to indemnify Eatiful Limited against claims arising from violations of intellectual property rights.
Disclaimer of Non-Infringement
Eatiful Limited makes no warranties or representations that the Licensed Application, its Content, or any third-party integrations will not infringe the intellectual property rights of third parties.
While Eatiful Limited takes reasonable efforts to ensure compliance with intellectual property laws, the complexity and global nature of intellectual property make it impossible to guarantee non-infringement.
To the maximum extent permitted by applicable law, Eatiful Limited disclaims liability for claims arising from any alleged or actual intellectual property infringement.
17. Assumption of Risk
Your use of the Licensed Application is at your own risk. Eatiful Limited does not warrant that the Licensed Application will be fit for a particular purpose, accurate, or available at all times.
18. No Guarantees
Eatiful Limited makes no guarantees of specific outcomes from using the Licensed Application. Any examples provided are for illustrative purposes and not indicative of typical results.
19. Statute of Limitations
Any claims arising out of or related to the Licensed Application must be filed within one (1) year from the date of the incident or they will be permanently barred.
20. Governing Law
This EULA is governed by the laws of the United Kingdom, and disputes will be subject to the exclusive jurisdiction of UK courts.
21. Miscellaneous
1. This Agreement constitutes the entire agreement between you and Eatiful Limited regarding the Licensed Application.
2. If any provision of this Agreement is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid provision shall be replaced with one that most closely reflects the original intent of the parties.
3. This Agreement is subject to export controls and other international compliance laws. You agree not to export, re-export, or transfer the Licensed Application or any related technology in violation of applicable laws and regulations.
4. This Agreement does not create any third-party rights except for Apple’s rights as a third-party beneficiary.
5. This Agreement is written in U.S. English. For users in the United Kingdom or other jurisdictions, the terms shall be interpreted to have their closest equivalent meaning in U.K. English or the applicable regional English dialect. In the event of any ambiguity or conflict in interpretation, the meaning that aligns most closely with the governing law specified in this Agreement shall apply.
22. Contact Information
For questions, enquiries, or concerns, contact:
Eatiful Limited
71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom
Email: hello@eatiful.co