nutritionclock

I. THIS IS A THIS IS A CONTRACT BETWEEN YOU AND US

§ 1.1 Who we are. Christoph Obermair (“Nutritionclock”) operates an online platform (“Platform”) and mobile apps (“Apps” and together with the Platform, the “Nutritionclock Products”) aiming to provide full control of one’s nutrition for everyone. Nutritionclock offers one App apart from and in connection with the services on the platform.

§ 1.2 Registration. In order to be able to use the complete spectrum of Nutritionclock Products, a one-time registration is required (see Art. IV, below). However, certain content (e.g. information regarding health, nutrition, and the service offering), including general descriptions of Nutritionclock, can be viewed without registration.

§ 1.3 Disclaimer. Your health is very important to us. ALWAYS consult your doctor about your self-care behavior. Nutritionclock Health neither substitutes your doctor, nor is Nutritionclock Health responsible for your behavior. The contents of the Nutritionclock Health Products, regardless of whether they are provided by Nutritionclock Health, its partners or users, are not meant to supplement, let alone replace, the information provided by doctors or pharmacies. By accepting these T&C, you confirm that you are solely responsible for your health.

II. VALIDITY OF THE T&C

§ 2.1 Validity. Nutritionclock offers the Nutritionclock Products on the basis of these T&C. The user consents to the validity of these T&C and any agreements incorporated therein by reference either by

(a) using the Nutritionclock Products, in case they are available without registration; or
(b) registration, in case they require an account. These T&C shall be valid until canceled in the currently valid version as of August 1, 2021.

§ 2.2 Prerequisite. Neither the registration nor the use of the complete spectrum of Nutritionclock Products shall be possible without consent to these T&C

§ 2.3 Extent. These T&C shall apply to all points of access, including (sub-)domains and mobile applications, for Nutritionclock Products. In particular, the Nutritionclock online offering will be accessible via Nutritionclock.com.

III. SUBJECT OF THE AGREEMENT

§ 3.1 Currently, Nutritionclock essentially offers its users the following features and information:

§ 3.2 Platform:

(a) Collecting and processing the heartrate and nutritional intake of individuals and giving proposals of what to eat at which time of day

§ 3.3 Subject to the user’s consent, relevant data is transmitted from the smartphone to the Platform and shared with other social networks (e.g., Facebook), respectively. Please see our Privacy Policy for more information.

§ 3.4 The user hereby confirms the user’s knowledge that as a result of the transmission of data from the smartphone to the Platform, certain costs of the mobile carrier will be incurred that have to be borne by the user.

§ 3.5 The mobile applications are only available to users of smartphones and other devices. Only the basic functionality of the mobile applications is available for free.

§ 3.6 Additional terms and conditions on the part of the mobile phone providers apply.

IV. REGISTRATION

§ 4.1 Free Membership. The Nutritionclock Products require a one-time, free registration. The minimum age for registration is determined by country. The list of age limits can be seen in full here. The “Free Membership” (basic) makes only basic options and features in the Apps available to users (“Free Features”). Nutritionclock offers users three ways of registering:

(a) Via the registration form provided on the Platform;
(b) Via one of the Apps: For purposes of registration, the user shall provide the details requested by the registration form, e.g., first name, last name, date of birth, completely and correctly, unless such details are marked as voluntary. Registration is only possible by using the user’s civil name, i.e., the use of fantasy names or pseudonyms is not possible; or
(c) Via adoption by Nutritionclock of registration details provided by the user in the networks Apple, Facebook or Google: Registration via Apple Sign-In Connect, via Facebook Connect or via Google Sign-In requires the user to confirm that the selected details, which the user previously provided on Apple, Facebook or Google, shall be adopted by the Nutritionclock network. The user can subsequently add to or reduce such details in such user’s profile on the Platform;

§ 4.2 Premium Membership. A Nutritionclock Premium Service for “Premium Members” (“Premium Membership”), with all options and features, is also available against payment of a certain price. With this Premium Membership additional options and features (“Premium Features”) that are not available to Free Members, are unlocked. Nutritionclock may offer Apps with or without Premium features being available for that specific App.

(a) Specific Premium Member Terms & Conditions as set forth in Art. VI apply to the Premium Membership. Unless otherwise specified in the T&C or Art. VI, all other provisions of these T&C also apply to the Premium Members.
(b) By registering as a Premium Member, you confirm that you meet the age requirements stated in the applicable law and are thereby legally entitled to enter into contracts. If the aforementioned representation is not true, Nutritionclock is not bound by these Premium Conditions.

§ 4.3 Minors. Only persons legally capable to enter into agreements on their own behalf shall be permitted to register with Nutritionclock.

§ 4.4 Consequences of Registration. By registering, the user confirms his/her knowledge and the unlimited recognition of the content of these T&C as well as that all registration data is true, accurate, current, and complete, and he/she will keep all registration information up to date.

(a) Each user shall register with Nutritionclock once only, and confirms with his/her registration that he/she has not registered an account with Nutritionclock before and has not deleted a previously activated user account.
(b) Following successful registration, the user (then the “Registered User”) can log on to the Platform by either

i. entering his/her email address and the chosen password, or

ii. accomplishing the login via Apple Sign-In, Facebook Connect or Google Sign-In.

V. RIGHTS OF NUTRITIONCLOCK

§ 5.1 Nutritionclock reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly.

§ 5.2 If you provide any information that is untrue, inaccurate, not current or incomplete, or Nutritionclock has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Nutritionclock has the right to suspend or terminate your account immediately and without prior notice and to refuse any and all current or future use of the Premium Services (or any portion thereof), without the Registered User being entitled to a refund of any previously paid amount.

§ 5.3 In any event, Nutritionclock reserves the right to contact you at any time to verify your registration data.

§ 5.4 User Identity. Nutritionclock is not responsible for the actual identity of the user, since personal identification via the internet is possible only to a limited extent. Each user shall itself confirm the identity of other users prior to entering into any form of interaction with such users, e.g., adding as a friend or by writing messages.

VI. GENERAL TERMS AND CONDITIONS FOR ALL USERS

§ 6.1 Fraud Protection. You must protect your account from unauthorized and fraudulent use. Please notify us immediately by email at office@nutritionclock.com, of any unauthorized or fraudulent use of your account, or if you suspect that your account may be at risk.

§ 6.2 Nutritionclock will not refund any amounts paid by you to Nutritionclock before you report unauthorized or fraudulent use of your account.

§ 6.3 Nutritionclock has the right to close or cancel the account of any Registered User in the event of any unauthorized or fraudulent use of the account.

§ 6.4 Promotions and Free Offers. Nutritionclock may run promotions and free offers, which may be subject to additional terms or restrictions. These promotions and offers may not be transferred between users.

§ 6.5 Changes to the Apps. Nutritionclock reserves the right to change options or features – including Premium Features – in the Apps. In most cases Nutritionclock makes changes to the Apps to enhance or improve them. Insofar as the changes will not have a material adverse effect on your use of the App, Nutritionclock will not refund previously paid amounts, unless otherwise provided for herein.

VII. SPECIAL TERMS AND CONDITIONS FOR PREMIUM MEMBERS

§ 7.1 Subscription Requirement. In order to use the Nutritionclock Premium Service for Premium Members, you must

(a) be a Registered User, and
(b) pay the stipulated price, including applicable VAT, if any, and any other fees or amounts associated with the Premium Services, by credit card, via AppStores, or any other form of payment accepted by Nutritionclock (the “Subscription”).

§ 7.2 Types and Prices of Subscriptions. Nutritionclock may offer different Subscription periods so that you can choose the one that best satisfies your needs. The different Subscription types and applicable prices are available for viewing here: www.Nutritionclock.com/premium-membership or in the App Stores. All prices are subject to change at Nutritionclock´s discretion at any time. Any price changes will be announced on the Platform or in the App Stores.

§ 7.3 Payment. Payment is made in advance for each subscription period. In other words, you can select the subscription period that best satisfies your needs to access the Premium Services. Once you signed up and paid for the Subscription, the selected validity period will be associated with your account.

§ 7.4 Payments for the entire term of your Premium Membership shall be due immediately upon invoicing. Payment can be made using different online payment systems. If Nutritionclock is unable to collect any fees from an account designated by the user due to lack of funds, the user shall bear all costs arising therefrom, including bank charges related to any debit entries or similar charges. Nutritionclock may deliver invoices and payment reminders to the user by email.

§ 7.5 Automatic Renewal. When your Subscription period expires, your credit card will be charged automatically with the standard subscription price which was valid at the time of Subscription, i.e., special offer prices do not apply in this case, and your Subscription will be renewed for the same period of time unless you cancel your Subscription, at least prior to the expiration of your current Subscription. The standard subscription price can be viewed on the Platform and in the App Stores.

§ 7.6 Cancellation. You may cancel your Subscription to Nutritionclock Premium Service for Premium Members at any time by initiating the cancellation on the Platform or via the App Store. Unless otherwise provided for herein, Nutritionclock will not refund previously paid amounts.

§ 7.7 Expiration. Unless expressly provided otherwise herein, for lack of a user’s cancellation of such user’s Subscription, each Subscription period ends only upon expiration of the agreed-upon time period, and regardless of the user’s actual use of the Nutritionclock Premium Service for Premium Members during such period. Each user can check the length of the current Subscription period by viewing such user’s account information.

§ 7.8 Contact. Please contact us for any questions you might have or to report any violations of the Premium Conditions herein at office@Nutritionclock.com.

§ 7.9 Application of Other Rules. Unless otherwise specified herein, all other provisions of these General T&C apply also to the Premium Members.

VIII. DISCONTINUATION

§ 8.1 Discontinuation of Apps. Nutritionclock reserves the right to discontinue one or more Apps. All users shall be given notice of the discontinuation of the App. After this notification, Premium Members shall be able to use the App for the duration of their current subscription period. Please note that during this period the two following limitations apply:

(a) It may not be possible to download the App on another device.
(b) Nutritionclock will not update the App during this period. This means that if the operating system of your device is updated or if other relevant third party technical services change during this period, it may not be possible to use the App any longer. Nutritionclock assumes no liability for this.
(c) If you have purchased your Premium Membership through an App that will be discontinued, your Subscription will not be automatically renewed and will expire at the end of your current Subscription.

§ 8.2 Notice. Nutritionclock may give notice as mentioned herein by informing you either by email or through communication within the Nutritionclock Products.

IX. TERMINATION

§ 9.1 General. Each user shall have the right to terminate the use of Nutritionclock products at any time via his/her account settings. Such termination shall be confirmed to the user.

§ 9.2 Nutritionclock´s Termination Right. Additionally, Nutritionclock reserves the right to terminate a user’s membership for important reasons, such as due to gross breaches of the user’s obligations as set forth in these T&C and ancillary agreements.

§ 9.3 Further Information. Please see our Privacy Policy for further information on the deletion of your account.

X. SPECIAL CANCELLATION RIGHT FOR CONSUMERS

§ 10.1 Application of Consumer Laws. If you are a Registered User, using the Nutritionclock Products for a purpose that is not related to either your commercial or professional freelance activity, the following provisions apply to you as a consumer within the meaning of Section 1 of the Austrian Consumer Protection Act (Konsumentenschutzgesetz; KSchG):

(a) Right of Withdrawal from Contract. You may cancel your agreement with Nutritionclock in writing, e.g., by letter or email, within 14 days of the date on which the agreement was entered into without stating any reasons. You can cancel the agreement by sending your notification to:

Nutritionclock
Bauernstraße 21, 4600 Wels, Austria
Email: office@nutritionclock.com

§ 10.2 Consequences of Cancellation. In the event of cancellation, any benefits received by one party from the other must be returned, and any economic advantages gained must be repaid. If you are not able to return the services rendered to Nutritionclock in full or in part, you are obligated to reimburse Nutritionclock for the value lost – in relation to the time of use of the rendered services. This may mean that you are required to fulfill your payment obligations proportionally until cancellation has become effective. Obligations to reimburse costs must be fulfilled within 30 days. For you, this period begins when you send your contract termination, for us when we receive it.

XI. USER OBLIGATIONS AND CONDUCT

§ 11.1 User Obligations. Each user of the Nutritionclock Products must

(a) truthfully provide, and keep current and complete, his/her registration details, and must not pass on such details to third parties;
(b) only save, publish, transmit and distribute such content, e.g., photos, pictures, text, representations or videos, if the user is authorized to pass on such content, i.e.,

i. if the user has the exclusive right to use such content; or

ii. in the event that the user is not the owner of such rights with respect to content provided by it, if the user guarantees to Nutritionclock that all required rights, licenses, permits etc. have been validly obtained. This shall also apply to content subject to intellectual property rights, such as trade names and trademarks. The user shall be exclusively responsible for such content;
(c) not save, publish, transmit or distribute any content that is racist, insulting, discriminating, denunciating, sexual, glorifies violence or is otherwise illegal;
(d) not to send chain letters or messages to more than one recipient at any one time, i.e., the user must not send mass emails or spam;
(e) not carry out any disrupting interferences in the Nutritionclock network, including the Nutritionclock Products, by use of technical or electronic aids, such as hacking attempts, brute force attacks, planting of viruses/worms/trojans and other disrupting attempts regarding Nutritionclock´s software or hardware;
(f) not copy, distribute, transmit or collect by use of technical aids, e.g., by crawlers or bots, accessible details without the consent of the respective owner;
(g) provide prompt notice via email to office@nutritionclock of any detected breaches of the aforementioned obligations;
(h) diligently care for the personal details and only allow such persons access to their own details that are close to the user; and
(i) regularly save important personal details externally, e.g., on an external storage medium, hard drive or in the cloud. Nutritionclock shall not be responsible for any lost or impaired details.

XII. BREACH OF USER OBLIGATIONS

§ 12.1 Sanctions.

(a) In order to ensure the proper and reliable provision of Nutritionclock Products, Nutritionclock imposes the following sanctions upon breach of obligations by a user:

i. warning;

ii. deletion of content;

iii. temporary deactivation of user account; and

iv. cancellation (irrevocable deactivation).
(c) not save, publish, transmit or distribute any content that is racist, insulting, discriminating, denunciating, sexual, glorifies violence or is otherwise illegal;
(d) not to send chain letters or messages to more than one recipient at any one time, i.e., the user must not send mass emails or spam;
(e) not carry out any disrupting interferences in the Nutritionclock network, including the Nutritionclock Products, by use of technical or electronic aids, such as hacking attempts, brute force attacks, planting of viruses/worms/trojans and other disrupting attempts regarding Nutritionclock´s software or hardware;
(f) not copy, distribute, transmit or collect by use of technical aids, e.g., by crawlers or bots, accessible details without the consent of the respective owner;
(g) provide prompt notice via email to office@nutritionclock of any detected breaches of the aforementioned obligations;
(h) diligently care for the personal details and only allow such persons access to their own details that are close to the user; and
(i) regularly save important personal details externally, e.g., on an external storage medium, hard drive or in the cloud. Nutritionclock shall not be responsible for any lost or impaired details.

§ 12.2 Cancellation. In the event a user account shall be canceled in accordance herewith, the respective user shall not be permitted to register again.

XIII. CONTENT

§ 13.1 General. Nutritionclock permits its Registered Users to use the offered portfolio of Nutritionclock Products in accordance with statutory law and these T&C, in order to upload, save, publish, distribute, transmit, and share content with other users.

§ 13.2 Tracking. The user consents that, as a result of the automatic evaluation of the way such user uses the platform, it may be exposed to certain offers and/or marketing messages tailored to such user. Please see our Privacy Policy concerning tracking for marketing purposes.

§ 13.3 Disclosure. Nutritionclock shall have the right to save content or disclose such content to third parties, to the extent this is required by law, or legally permissible and reasonably necessary, in order to

(a) comply with statutory law, or court or administrative orders;

(b) ensure compliance with these T&C;

(c) react to claims of breaches of law raised by third parties; or

(d) safeguard the rights, property or personal safety of Nutritionclock, its users and the general public.

§ 13.4 Use of Content. The user grants Nutritionclock the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by such user. Accordingly, Nutritionclock shall have the right to use, irrespective of the type of usage, all content both as part of the Platform and any other activity of Nutritionclock or any company affiliated with Nutritionclock. This shall include the right to change and edit such content, unless such changes or edits impair material interests of the user. In this connection, the user waives, to the extent legally permissible, all intellectual property rights. However, to the extent feasible, in the event that Nutritionclock uses content created by a user outside the Nutritionclock Products, Nutritionclock shall note that such content was created by the user.

§ 13.5 Ownership. Nutritionclock does not claim ownership of any content created by users and will not supervise such content.

§ 13.6 Deletion. Nutritionclock reserves the right to delete content created by users, such as routes, photos, events or comments without giving reasons. In this event, the user shall be notified and, in the event of a breach of these T&C, may be sanctioned in accordance herewith.

§ 13.7 Inaccurate Content. Nutritionclock shall not be responsible for inaccurate content created by users, e.g., details regarding routes or events etc.

XIV. PRIVACY POLICY

§ 14.1 Please see the separate Privacy Policy available here that is an integral part of this agreement.

XV. REPRESENTATIONS AND WARRANTIES

§ 15.1 Limitation. Nutritionclock does not claim or warrant that

(a) the Nutritionclock Products will be available at all times, or that they and the necessary hardware and software will be completely free from errors; and
(b) the transmission of data via other systems, in particular, the internet and telecommunication networks, is not tracked, recorded or distorted by third parties.

§ 15.2 Own Risk. The user uses the Nutritionclock Products exclusively at his/her own risk. This applies, without limitation, to any use by the user of data created or provided by Nutritionclock. The user explicitly acknowledges that any such data or content may contain errors, and Nutritionclock does not, to the extent permitted by law, assume any responsibility for the correctness of such data.

§ 15.3 Medical Advice. The use of any software or hardware offered by Nutritionclock is no substitute for the consultation by the user of a specialized doctor.

§ 15.4 External Content. Additionally, Nutritionclock does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be made accessible to the user. Any contractual arrangements entered into between the user and a third party provider, e.g., via linked websites or banners, result in a contractual relationship between such user and the third party provider only. Nutritionclock does not make any representations or warranties with respect to products or services of third party providers.

XVI. LIMITATION OF LIABILITY

§ 16.1 General. Nutritionclock shall be liable as currently provided by law, regardless of the statutory basis of such liability (precontractual, contractual, tort) only if Nutritionclock has caused a certain damage willfully or with gross negligence. In the event of slight negligence, Nutritionclock shall not be liable to other businesses and shall be liable to consumers only for personal damages. Nutritionclock shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits, or damages resulting from claims of third parties.

§ 16.2 Content. Unless required by statutory law, neither Nutritionclock nor any of its business affiliates shall be liable for damages resulting from the use of content made accessible through the use of the online platform or other forms of use of the Nutritionclock Products. This also applies to damages resulting from errors, problems, viruses or loss of data.

§ 16.3 Downloads. Nutritionclock assumes no liability for downloaded material or material obtained as a consequence of using the Nutritionclock Products. The Registered User is solely responsible for any damages caused by such materials to his computer or smartphone system or for information that is lost as a consequence of downloading materials from any of the Nutritionclock Products.

§ 16.4 Conflicts. The Registered User is exclusively liable for any claims of lawsuits of any kind in any way derived from or related to conflicts with other users. The Registered User acknowledges and accepts that Nutritionclock will not, under any circumstances, be liable for the acts and omissions of other users, including the damages associated with such acts or omissions.

XVII. INDEMNIFICATION BY USERS

§ 17.1 Indemnification. The user shall indemnify Nutritionclock for all claims raised by third parties as a result of an infringement of their rights by the user in connection with content uploaded to or any of the Nutritionclock Products by such user or as a result of any other usage by such user of applications available from Nutritionclock. The user shall bear the costs of any legal proceedings, in which Nutritionclock may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law, unless the user was not at fault in causing such infringement.

§ 17.2 Support. In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely make available to Nutritionclock all information available to such user that may be necessary to verify such claim and defend against it. Any additional claims for damages that Nutritionclock may be entitled to bring against the user shall not be affected.

XVIII. CHANGES TO THE T&C

§ 18.1 General. Nutritionclock reserves the right to amend these T&C from time to time for a number of reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service reasons. At any time, the then-current version of these T&C is available for viewing on the Platform as well as in the apps.

§ 18.2 Changes. In case of minor changes to these T&C (if, for example, there is a change in the law that means we need to change these T&C), we may simply make the new T&C available for viewing on the Platform and in the Apps. Please check these T&C regularly to ensure that you understand the up-to-date terms. For any significant changes to these T&C that will materially adversely impact you, Nutritionclock will either obtain your specific consent to the changes through communication in the Nutritionclock Products, or Nutritionclock will inform you of any changes at least two weeks prior to the effective date of the changes via email to the address provided during Registration (“Amendment Information”). From receiving the Amendment Information, you will have an objection period of two weeks.

§ 18.3 The Amendment Information will entail

(a) the updated T&C;
(b) the effective date of the changes;
(c) a two-week objection period; and
(d) information on the consequences of omitting an objection.

§ 18.4 If you do not object to the changes, the updated T&C will be deemed accepted.

§ 18.5 In the event that you object to the changes, Nutritionclock is entitled to terminate the user contract and delete your user account, under consideration of your interests if continuing the contractual relationship under the scope of the current terms and conditions is not possible or unreasonable for Nutritionclock.

§ 18.6 Written Form. Except as provided otherwise herein, any changes to these T&C must be made in writing. No ancillary oral arrangements exist.

XIX. SEVERABILITY CLAUSE

§ 19.1 In the event that individual provisions of these T&C shall be or become invalid, all other terms and conditions shall remain in full force and effect.

XX. GOVERNING LAW AND JURISDICTION

§ 20.1 These T&C and all contractual relations and litigation between the users and Nutritionclock shall be governed by Austrian law, excluding the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods. This paragraph § 20.1 is not relevant for any users that are consumers within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz, KSchG).

§ 20.2 Place of delivery and exclusive court of jurisdiction shall be Vienna, Austria. This paragraph § 20.2 is not relevant for any users that are consumers within the meaning of the KSchG.

User Terms of Service