These terms and conditions of service (“Terms of Service”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Umatone., including the umatone.com website, as well as the services (“Services”) available to users through the Site. Umatone.com (“we,” “us,” and “our”) provides non-medical services to consumers related to digital healthy customized meal planning, recipes, and grocery lists.

LEGALLY BINDING AGREEMENT; AMENDMENTS

1. Your access and use of the Service constitute your agreement to be bound by these Terms of Service (the “Terms”), which establishes a legally binding contractual relationship between you and the Company. For this reason, PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICE. If you do not agree with all of these Terms, then you are expressly prohibited from using the Service and you must discontinue use immediately.
2. Any translation from English version is provided for your convenience only. In the event of any difference in meaning or interpretation between the English language version of these Terms available at https://umatone.com/privacy-policyand any translation, the English language version will prevail.
3. It is your responsibility to periodically review these Terms to stay informed of updates.

2. IMPORTANT DISCLAIMERS

1. 1. Umatone website does not offer or provide any kind of medical advice, health insurance or other healthcare service, including without limitation, any counseling, testing, evaluation, prescription, procedure or therapy related to exercise, nutrition, weight loss or wellness or related to the avoidance, prevention, diagnosis or treatment of any injury, illness, disease or condition (collectively, “healthcare services”).
   2. The service may not be appropriate for all persons and is not a substitute for professional healthcare services. The service is intended only as a tool, which may be useful in achieving your overall health and fitness goals. You acknowledge that your exercise activities involve risks, which may involve risk of bodily injury or death, and that you assume those risks. Before accessing or using the service, and agree to release and discharge the company from any and all action, known or unknown, arising out of your use of the service.
   3. Umatone website not assume any liability for inaccuracies or misstatements about food recipes, exercices or other content on the service. You should carefully read all information provided by the manufacturers of the food products, whether online or on the actual product packaging and labels, including nutrient content, ingredients, food allergen and contact information, and health claims, before using or consuming a product. For additional information about a food product, please contact the manufacturer directly.
   4. We make no guarantees concerning the level of success you may experience, and you accept the risk that results will differ for each individual. The testimonials and examples that may be provided on the service are exceptional results, which do not apply to an average person, and are not intended to represent or guarantee that anyone will achieve the same or similar results. There is no assurance that examples of past fitness results can be duplicated in the future. We cannot guarantee your future results and/or success. Nor can we guarantee that you maintain the results you experience if you do not continue following our programs.

3. USE OF SERVICE; AGE RESTRICTIONS

1. 1. In order to use the Service, you must provide certain information about yourself.
   2. If you use the Service, you represent and warrant to the Company that: (i) all required information you submit is truthful and accurate; (ii) your use of the Service does not violate any applicable law or regulation or these Terms. Otherwise, the Service may not operate correctly, and we may not be able to contact you with important notices.
   3. The Service is not intended to be used by individuals under the age of 16. You hereby represent and warrant to the Company that you meet the foregoing qualification. All users who are minors in the jurisdiction in which they reside (generally under the age of 16) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Service.
   4. The Company reserves the right to suspend or terminate your use of Service, or your access to the Service, with or without notice to you, in the event that you breach these Terms.
   5. By using the Service, you agree to receive certain communications, such updates on the Service or a periodic e-mail newsletter from the Company. You can opt-out of non-essential communications by unsubscribing from the email notification.
   6. The Service may be modified, updated, interrupted or suspended at any time without notice to you or our liability.

5. USER REPRESENTATIONS

1. 1. By using the Service, you represent and warrant that:
      1. you have the legal capacity and you agree to comply with these Terms;
      2. you are of legal age as established by your respective state or country of residence;
      3. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Service;
      4. you will not access the Service through automated or non-human means, whether through a bot, script or otherwise;
      5. you will not use the Service for any illegal or unauthorized purpose;
      6. 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;
      7. you are not listed on any U.S. government list of prohibited or restricted parties; and
      8. your use of the Service will not violate any applicable law or regulation.
      9. you own all rights, including the intellectual property rights, to your User Content, and your User Content does not infringe the intellectual property rights, privacy rights and other legal rights of third parties.
   2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Service (or any portion thereof).
   3. You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
   4. As a user of the Service, you agree not to:
      1. systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
      2. make any unauthorized use of the Service;
      3. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Service;
      4. use the Service for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
      5. make the Service available over a network or other environment permitting access or use by multiple devices or users at the same time;
      6. use the Service for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Service;
      7. use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Service;
      8. circumvent, disable, or otherwise interfere with security-related features of the Service;
      9. engage in unauthorized framing of or linking to the Service;
      10. interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service;
      11. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service;
      12. attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service;
      13. upload or distribute in any way files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
      14. use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software;
      15. use the Service to send automated queries to any website or to send any unsolicited commercial e-mail;
      16. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service;
      17. use the Service in a manner inconsistent with any applicable laws or regulations; or
      18. otherwise infringe these Terms.

6. PAYMENTS AND REFUNDS

1. 1. Certain features of the Service may be offered for a fee. You can make a purchase directly from the Company’s website.
   2. To the maximum extent permitted by applicable laws, we may change Purchase fees at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on the Service or by sending you an email notification.
   3. There are cases when we offer a free trial subscription for our services at Umatone. However, unless the services are canceled 24 hours before the end of your free trial, you will be charged automatically for the extended period. The charge depends on your initially chosen subscription period.
   4. The subscription begins from the first payment and renews automatically at the end of each period (each week, month, 3 months, or otherwise, depending on the option selected by you at the time of purchase) until you cancel.
   5. Payment will be charged to the payment method you submitted at the time of purchase at confirmation of purchase. You authorize us to charge the applicable subscription fees to the payment method that you submit.
   6. Canceling your subscription means that the automatic renewal will be disabled, but you will still have access to all your subscription features for the remaining time of your then-current period.
   7. If you purchased a subscription or enabled free trial on our website: You can cancel a free trial or a subscription by contacting our support (support@umatone.com) at least 24 hours before the end of the free trial or then-current subscription period.
   8. If you purchased a subscription or enabled free trial on our website: Please refer to our Refund Policy. If you have any questions in relation to the subscription terms, please contact us at support@umatone.com
   9. We reserve the right, in our absolute discretion, to modify or terminate any trial offer, your access to the Service during the trial, or any of these terms without notice and with no liability. We reserve the right to limit your ability to take advantage of multiple trials.
   10. Purchase within the Service can be performed by using any acceptable payment method accepted by the Service.
   11. To the extent permitted by applicable law, purchases made via our website are non-refundable and/or non-exchangeable, unless otherwise is stated herein or is required by applicable law. Note for the EU residents: If you are an EU resident, you have the right to withdraw from agreement for purchase of digital content without charge and without giving any reason within fourteen (14) days from the date of such agreement conclusion.

8. USER DATA

1. 1. We care about data privacy and security. Please review our Privacy Policy. It contains information that you should review prior to using the Service.
   2. By using the Service, you agree to be bound by the Privacy Policy, which is incorporated into these Terms.

9. TERM AND TERMINATION

1. 1. These Terms shall remain in full force and effect while you use the Service. Without limiting any other provision of these terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the service (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms or of any applicable law or regulation. We may terminate your use or participation in the service, without warning, in our sole discretion.

10. MODIFICATIONS AND INTERRUPTIONS

1. 1. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without notice to you.
   2. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
   3. We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors.
   4. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service.
   5. Nothing in these Terms will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.

11. MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER.

We will try to work in good faith to resolve any issue you have with Site, including without limitation, Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction

You and Umatone agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Service or your use of the Site, including without limitation, Services ordered or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Services, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Umatone are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Services and any other contractual relationship between you and Umatone.

13. CORRECTIONS

1. 1. There may be information at the Service that contains typographical errors, inaccuracies, or omissions that may relate to the Service, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at the Service at any time, without prior notice.

14. DISCLAIMER

1. 1. The service, the materials on the service, and any product or service obtained through the service is provided on an “as-is” and “as-available” basis. You agree that your use of the service will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the service and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
   2. We make no warranties or representations about the accuracy or completeness of the service’s materials or the content of any websites linked to this service and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the service, (3) any unauthorized access to or use of secure servers we use and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the service, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the service by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the service.
   3. You understand and agree that any material or information downloaded or otherwise obtained through the use of the service is done at your own risk and that you will be solely liable for any damage arising from doing so. No advice or information whether spoken or written, obtained by you from us or through the service will create any warranty not expressly made in these terms.

15. LIMITATION OF LIABILITIES

1. 1. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
   2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING FROM OR IN CONNECTION WITH THESE TERMS FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR 100.
   3. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING
   4. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

16. INDEMNIFICATION

1. 1. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, contractors and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Service; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; or (4) your violation of the rights of a third party, including but not limited to intellectual property rights.
   2. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

19. CONTACT DETAILS

If have any questions regarding the Service, you may contact us at: support@umatone.com.

I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

Last updated: 01 July 2020