Please read the following Terms and Conditions carefully before you use any service provided by Cacao Mobile. Your use of the products of Cacao Mobile. will be subject to these terms, and by using the products of Cacao Mobile. you agree to be bound by them.
Cacao Mobile. ("Cacao Mobile.", "We", "Us," "Our", “Company”) develops mobile applications ("Our Products"). Our Apple Applications may be downloaded from the App Store, which is operated and owned by Apple Inc. and other companies within its group ("Apple"). Our Android Applications may be downloaded from Google Play, which is owned and operated by Google Inc. and other companies within its group ("Google"). The Cacao Mobile. website (the “Website”), all other products and services, including mobile apps (the “Application”), and all content offered as part thereof, are collectively referred to herein as the “Services” and are offered to you by Cacao Mobile. Our goal is to help people lead a healthy way of life through health and well-being activities. Our Products offer content, features, functionality, and other information and services including, without limitation, viral, embeddable or application/device-based features and related technology, also when accessed via the Internet, mobile or other devices (collectively, "Our Services"). We develop Our Products for informational purposes only. You must ALWAYS consult your physician or doctor before starting any program. Subscribers, account holders, customers, users, and others who download, access, use, purchase and/or subscribe to the Services (“you”) agree to these Terms and Conditions (the “Terms and Conditions”). By agreeing to these Terms and Conditions, you confirm that you are solely responsible for your state of health. These Terms and Conditions govern your use of the Services and are a condition to your use of the Services.
Acceptance of Terms and Conditions.
By using Our Products and Services, you accept these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use Our Products and Services. Cacao Mobile. reserves the right to amend these Terms and Conditions at any time without prior notice. An up-to-date version of these Terms and Conditions will be available on the official website of Cacao Mobile., and any changes will come into effect immediately upon posting. By continuing to use our products, you agree to the amended Terms and Conditions.
All texts, graphics, designs, logos, button icons, images, data compilations, and information ("Content") contained in Our Products and Services are the Intellectual Property of Cacao Mobile. (or belongs to it), and are protected by copyright laws. All logos and trademarks displayed in Our Products and Services are registered trademarks or trademarks of Cacao Mobile. No trademarks may be used without the prior written consent of Cacao Mobile. except to identify the products or services associated therewith. Our Products and all related software, and all patent rights (including patent applications and disclosures), copyrights, trade secrets, know-how, and any other intellectual property rights therein or relating thereto (including derivative works), are and shall remain the exclusive property of Cacao Mobile. or its licensors.
Legality of Use.
By using Our Products, you hereby warrant that: (i) all information contained in any submission by you is either owned by you or rights have been granted to you, permitting you to disseminate the information as set forth in these Terms and Conditions; and (ii) the information contained in any submissions by you does not infringe on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, or trade secret rights. You accept full responsibility, assume all risk, and waive and/or release Us from any direct or indirect loss, injury, claim or damage arising from your use of Our Products, whether or not such use was appropriately supervised and regardless of whether you were negligent in such use. By using Our Products, you attest and verify that you are physically and mentally able to use Our Products, and knowingly accept and are fully aware of all risks associated with their use.
Our applications offer subscriptions that grant you access to additional features like training plan personalization or full access to the content. Some of our subscriptions include a free trial period, where you can experience the application at no cost. A subscription with a free trial period will automatically renew to a paid subscription once your free trial expires. If you decide to unsubscribe from a paid subscription before we start charging your payment method, you must cancel the subscription before the free trial ends. We offer monthly and annual subscription options. Payment will be charged to your credit/debit card through your iTunes Account or Google Wallet Account after you choose one of our subscriptions and confirm your purchase. Paid subscriptions automatically renew, unless auto-renew is turned off, until canceled in the Manage Subscriptions section of your account settings. Auto-renewal may be turned off in your Google Wallet account after purchase. If you purchase a subscription through the Google Play store, you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play. If you purchase a subscription through a bundle subscription partner, you may cancel according to the process outlined by the bundle subscription partner. We will notify you if the price of the subscription increases and, if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest paid subscription period.
Representations and Warranties, Limitation of Liability.
Cacao Mobile. makes no representations regarding: (a) the credentials of anyone using our Services and/or Products as part of any health care or medical plan of care, or plan of treatment ("POC"); (b) the suitability of the exercises included in any such POC; (c) the viability, medical soundness or efficacy of any such POC; or (d) the overall health or medical benefits you might derive from using our services and products or POC which incorporates our services and products. The use of any software or hardware offered by Cacao Mobile. is no substitute for a consultation by the User with a specialized doctor. Our Services and Products are provided "as is" without any warranties, expressed or implied, including but not limited to the implied warranties of merchantability, used for a particular purpose, or non-infringement. Cacao Mobile. makes no representation or warranty that the information contained in our Services and/or Products will be current, timely, complete, accurate, or error-free. To the extent that the law does not permit the disclaimer of warranties, all content accessible in our services and products, or any other web site to which our services and products link, is warranted only to the minimum amount legally required. In no event shall Cacao Mobile. be liable to any party for any direct, indirect, special or other consequential damages for any use of this in our Services and Products, or on any linked web site, including, without limitation, any lost profits, business interruption or otherwise. Cacao Mobile. shall be liable as currently provided for by law, regardless of the statutory basis of such liability (pre-contractual, contractual, tort) only if Cacao Mobile. has caused specific damage willfully or with gross negligence. In the event of slight negligence, Cacao Mobile. shall not be liable to other businesses and shall be liable to consumers only for personal damages, Cacao Mobile. shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits, or damages resulting from claims from third parties.
Restrictions on Use of the Service.
In addition to any other restrictions set forth in these Terms and Conditions, and without limiting those restrictions, when using the Service, you agree not to: make unauthorized copies or derivative works of any content made available on or through the Service; use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; attempt to decipher, decompile, disassemble, or reverse engineer any of the software or source code comprising or making up the Service; delete or alter any material Cacao Mobile. or any other person or entity posts on the Service; frame or link to any of the materials or information available on the Service; alter, deface, mutilate, or otherwise bypass any approved software through which the Service is made available; use any trademarks, service marks, design marks, logos, photographs, or other content belonging to Cacao Mobile. or obtained from the Service; provide any false personal information to Cacao Mobile.; solicit or collect personal information from other Users; disclose personal information about a third person on the Service or obtained from the Service without the consent of that person; use the Service to send emails or other communications to persons who have requested that you not send them communications; use the Service, without Cacao Mobile.’s express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming; or violate any applicable federal, state, or local laws or regulations or the terms of this document.
Cacao Mobile. is not responsible for any outages or service interruptions that occur from time-to-time when using Our Products, including those due to software, hardware, or power failures, or issues at the wireless carrier level. In addition, Cacao Mobile. is not responsible for the products and services provided by others, including any User’s mobile handsets or wireless data networks. Cacao Mobile., in its sole discretion, reserves the right to add or remove operating systems based on commercial factors it deems relevant, such as use, adoption, and appeal of the operating system.
Content Created by Users and Rights to Such Content.
The User consents that as a result of the automatic evaluation of the way the User uses Our Products, he/she may be exposed to certain offers and/or marketing messages tailored to such User. The User consents that marketing measures may also be taken in relation to created content, which are marketed by Cacao Mobile. The User grants Cacao Mobile. the irrevocable, free, non-exclusive, and unlimited right to use all content generated, transmitted, saved and published by such User. Accordingly, Cacao Mobile. shall have the right to use all content, irrespective of the type of usage. This shall include the right to change and edit such content, unless such changes or edits impair the material interests of the User. In this connection, the User waives, to the legally permissible extent, all intellectual property rights. Cacao Mobile. does not claim ownership of any content created by Users and will not supervise such content.
The term "Territory" means the United States, its territories possessions, North America, the United Kingdom, and Australia. Any additional Territories shall be subject to mutual approval.
These Terms and Conditions, any non-contractual obligations arising in connection with them, and litigation between the Users and Cacao Mobile. shall be subject to US law only. The state and federal courts in Las Vegas, Nevada, shall have non-exclusive jurisdiction to determine any dispute arising in connection with these Terms and Conditions, including disputes relating to any non-contractual obligations.
Use by Minors.
General age limitation. Our Products are not intended for children under 16 years old. By using this site, you agree to the Terms and Conditions presented here. If you do not agree to these Terms and Conditions you may not use this Website. By using this site, you agree that you are of at least 16 years of age. If you are aware of anyone under 16 using our Products, please contact us at firstname.lastname@example.org, and we will take required steps to delete or terminate their account.
Disclaimer of Warranties.
You agree that the use of the Services is entirely at your own risk. The Services are provided on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company does not make any warranty that the services will meet your requirements, or that access to the services will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. The Company makes no warranties as to the results that may be obtained from the use of the Services or as to the accuracy, quality, or reliability of any information obtained through the Services. The Company disclaims any warranties for other Services or goods received through or advertised on the Services, or accessed through any links on the Services. The Company disclaims any warranties for viruses or other harmful components in connection with the Services. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Limitations of Liability.
Under no circumstances shall the Company be liable for any damages resulting directly or indirectly from any aspect of your use of the Website, Content, or Services. You must evaluate, and agree to bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of the services. You specifically acknowledge that the Company is not liable for the defamatory, offensive, or illegal conduct of Users or third parties. Additionally, in no event will the Company be liable for any special, indirect, incidental, punitive, or consequential damages, including, without limitation, any loss of use, loss of profits, loss of data, cost of procurement of substitute products or services, or any other such damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from (1) the use of, or the inability to use the Services; (2) the cost of procurement of substitute Services, items, or Website; (3) unauthorized access to or alteration of your transmissions or data; (4) the statements or conduct of any third party on the Services; or (5) any other matter relating to the Services. These limitations will apply whether or not the Company has been advised of the possibility of such damages, and notwithstanding any failure of essential purpose of any limited remedy. You acknowledge and understand that the disclaimers, exclusions, and limitations of liability set forth herein form an essential basis of the agreement between you and the Company and that absent such disclaimers, exclusions, and limitations of liability, the Terms and Conditions and your access to the Websites and Services would be substantially different. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.