Terms and Conditions

Terms & Conditions

The following terms and conditions (“Terms & Conditions” or “Terms” or “T&Cs”) govern all use of the MyHabeats Application (“Application” or “MyHabeats”) and all content and services available at or through the Application (“services”) to the Application registered users (the “Users”). The Application is owned and operated by MyHabeats, A privately owned company, with registered offices at Ilioupolis, IroonPolitechniou 84, 16341, GR, contact at info@myhabeats.co(“the Company”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this site by the Company.

Please read the T&Cs carefully before accessing our Application or using our Services. By accessing or using any part of the Application, you agree to be bound by the T&Cs, as applicable at that time. If you do not agree to all the T&Cs, then you may not access the Application or use any services.

1. Application description – Features & Services offered to Users

Welcome to MyHabeats!

MyHabeats: Our motto “Your behavioral vaccine app. Your digital companion to adopt new eating habits and lifestyle changes for a healthier and happier life.”

MyHabeats: Our Goal

MyHabeats is the first behavioral vaccine mobile application targeting post-obesity surgery patients. It uses the power of behavioral science, to help patients in building new eating habits, aiming to guard them against recurring, old habits which have led to obesity.A digital companion to their transforming journey and gamification elements are added with the aims of motivating new eating behaviors and promoting actions which enhance both weight loss maintenance and emotional well-being of patients.

MyHabeats: Our Method

MyHabeats addresses the need for adherence to post obesity surgery guidelines about weight management and lifestyle changes. Successful weight management fails mainly due to the inertia of eating habits that have led to obesity. It is also inhibited by: a) insufficient engagement in behaviors that support weight loss and maintenance (e.g. exercise,self-control strategies) and, b) low emotional well-being due to chronic obesity condition (e.g. negative body image, low quality of interpersonal relationships). Additionally, past failures in weight management generate feelings of low behavioral control which, in turn, strengthens the need for continuous support and encouragement during the postoperative phase.

MyHabeats addresses these problem points by training its users into new eating behaviors and actions that enhance both weight management and emotional well-being, and by offering digital companion and a peer community as sources of continuous support and encouragement.

For more information about the MyHabeats app and the team behind it, please visit:

https://www.myhabeats.co

https://www.youtube.com/watch?v=FksY0CYKm7E&feature=youtu.be

2. User registration and account opening on the Application

2.1. Users may register and create an account (“User Account”) by filling in certain personal details.
2.2. To create a User Account, all users are required to provide the following information:

Full name
Email
Password

2.3. The User may, additionally, register through his/her personal account on Facebook. In such case, the Company collects the User’s full name at the social network, gender and profile picture.
2.4. The above information is necessary, relevant and appropriate for your registration in order to use the features and services of the Application and we shall treat this information subject to the terms of our Privacy Policy.
2.5. You should provide to us only with information that is true, accurate, updated, as well as lawfully acquired. You are responsible to keep this data accurate, true and updated at all times (and make any necessary changes by using the appropriate settings in your User Account), bearing the responsibility for all damages accrued to the Company in case of violation of the present article. The Users Personal Data are processed by the Company as provisioned in the Application’s Privacy Policy that the Users must read, acknowledge and confirm their acknowledgment when registering in the Application. We do not audit or verify any of your data. However, we reserve the right (but are under no obligation) to ask for more information from the user and/or to seek clarifications regarding specific information.

2.6. Username and password:

2.6.1. You can freely choose your Application username when registering (and or change it at a later stage). This name will be used as your username in the Application and will be publicly available to all other Users. Also, other Application Users will have access to the information that you have filled in your profile. So, you should fill in your data having in mind that these will be publicly available. You can limit this view by using the appropriate privacy settings that are available in the Application.
2.6.2. To complete the creation of your personal User Account, you must select a password. The username and password shall identify uniquely each User in the Application. You should regularly change the above password for security reasons; you should also avoid using the same and easily detectable password(s) by introducing, where possible, not only letters and numbers, but also symbols in multiple combinations. In case the User has forgotten the password, he/she may select the relevant field and instructions will be sent to his/her verified email in order to change the password.

2.7. Each Account is personal and non-transferable. You are responsible to retain the secrecy and non-disclosure of your password to third parties. We also highly recommend you not to allow the use of your User Account by any third party and not to share your secret password with anyone else. Unless you explicitly previously notify us, as per the process mentioned below, you are solely responsible for any act or omission in the Application that is made with the use of your username and password.
2.8. You are solely responsible for any act or omission undertaken through the use of your personal Account at the Application, as well as for any loss or damage occurred to you and/ or to a third party from the use of that User Account up to the moment you explicitly notify us, at info@myhabeats.co, of any unauthorized uses of your Account or any other breaches of security. This notification applies for the future. The Company will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

2.9. Delete account:

2.9.1. If you wish to delete your User Account, you can email us at info@myhabeats.co with a request to delete your User Account. In that case the Company shall delete your Account, as well as all data stored therein, with the exception of any data which the Company must retain pursuant to paragraph our Privacy Policy.
2.9.2. In the event you don’t use the Application for more than six (6) consecutive months, our Company shall send you a reminder via email and, if after such a reminder, you do not proceed to any action with regards to your Account on the Application, our Company shall delete all data stored therein and shall maintain your Account in an inactive status for six (6) months (Inactive Account).
2.9.3. If after the second six (6) month period you make no use of the Application, your Account shall be completely deleted and paragraph 2.9.1 above shall apply accordingly.
2.9.4. The Company reserves without limitation the right to delete any User Account pursuant to article 8.3below.

3. Profile creation and Services

MyHabeats is a behavioral change mobile app which helps people who had undergone bariatric and metabolic surgery adopt new healthy eating habits and lifestyle changes that last.

MyHabeats addresses these problem points by training its Users into new eating behaviors and actions that enhance both weight management and emotional well-being, and by offering digital companion and a peer community as sources of continuous support and encouragement. The User is trained in having frequent, healthy meals, by getting reminders, monitoring the meals, the quantities of those and the feelings associated with those post eating. Gamification elements are added ad once the User gets significant number of points another level of interaction is unlocked and thus the User is trained to goal setting in specifically designed actions. Once the number of actions is achieved the first destination in this transforming journey is concluded.

The profile creation is optional regarding the below mentioned personal data.

For the creation of his/her profile, the User provides optionally the following data (to be processed by the Company pursuant to our Privacy Policy

Gender
When and if he/she was submitted to a bariatric procedure
Type of bariatric procedure to which he/she was submitted
Age
Height
Weight
Intended weight

The creation of a User profile is absolutely optional, on the basis of the User’s explicit consent, through the optional submission of the above data.

4. Payment terms

4.1. Subscriptions are offered on an annual basis.
4.2. Payments are made in advance and services will start being provided as soon as the Company receives and confirms the deposit.
4.3. Payments are conducted via third-party payment processors, through which you download the Application (i.e. Google Play and App Store). The processing of payments shall be subject to the terms, conditions and privacy policies of such payment processors in addition to our Terms and Conditions, as per article 5.1 above). We are not responsible for errors or delays by any payment processor. By purchasing a Service, you agree to pay us, through the payment processor, all charges at the prices stated for the applicable purchase plan. Users undertake to pay any taxes, charges and VAT in accordance with applicable legislation.
4.4. You are responsible for all charges and fees associated with connecting to and using the Application, including without limitation all telephone access lines (including mobile data and data roaming charges, when applicable), telephone and/or internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Application.
4.5. All fees and charges assessed by the Company are non-refundable.
4.6. The Company reserves the right to amend the payment terms at any time.

5. General provisions regarding the use of the Application

5.1. Downloading Application: You may access the Application which can be downloaded from an applications store or applications distribution platform, such as the Apple Mobile App Store or Google Play, (the “ApplicationProvider”). You acknowledge and agree that: (i) these Terms & Conditions are entered into between us, and not with the Application Provider, and that we are solely responsible for the Application (not the Application Provider); (ii) the Application Provider has no obligation to furnish any maintenance and support services with respect to the Application; (iii) the Application Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application, including, but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; (iv) in the event of any third party claim that the Application or your possession and use of that Application infringes that third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms & Conditions; (v) the Application Provider and its subsidiaries are third party beneficiaries of these Terms & Conditions as it relates to your license of the Application, and that, upon your acceptance of these Terms & Conditions, the Application Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms & Conditions as related to your license of the Application against you as a third party beneficiary thereof; and (vi) you must also comply with all applicable third party terms of service when using the Services.
5.2. Eligibility: We do not permit individuals under 18 years of age to become registered users of our Services. By using the Services, you represent and warrant that you are at least 18 years of age and have the right, authority and capacity to enter into these Terms & Conditions and to abide by the terms and conditions of these Terms & Conditions.
5.3. Technical requirements: In order to be able to use the Application via your computer, iPhone, iPad, Android or other devices, there may be certain technical requirements. You may, for example, need to install certain software. If your device does not meet the technical requirements, you will, via pop-up boxes or similar, get information about what software or the like that you will need to install in order to have full functionality of the Application.
5.4. Rules for the usage of the Application:

The following actions are not allowed in the Application:

insults of individuals;
negative remarks about race, gender, political affiliation, sexual orientation, profession of religious beliefs (if it is irrelevant in the context);
profanity or obscene words;
nonsense posts, alternatively posts that deviate from the topic;
commercial messages or other forms of marketing;
racist, pornographic or sexist formulations;
threats, harassment, slander or lies;
calls for criminal offense; or
use of copyrighted material without permission from the right holder.

6. Intellectual Property

6.1. Except as otherwise indicated, the Application and all text, images, marks, logos and other content contained herein, including, without limitation, the logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of the Company and are protected by applicable intellectual property laws.
6.2. The Company logo and all other product or service names or slogans displayed on the Application are registered trademarks of the Company and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company. In addition, the look and feel of the Application may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Application are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by the Company.
6.3. As soon as you become an Application User, we provide you with a personal, non-transferable, non-exploitable, non-exclusive, open-ended license to use and access the content hosted in the Application only for legitimate private use purposes under the present terms and conditions. It is expressly forbidden to use the content for illegal purposes and/or for professional exploitation. You may not sublicense the use of, or access to the Application and the services to any third party with or without remuneration. The present license shall be automatically terminated when the present agreement is terminated for any reason, as provisioned in article 8.
6.4. Obtaining access and making use of the features and services provided by the Application does not give you (User) or any other third-party ownership of any of the Company’s intellectual property rights as per the above. the Company retains ownership of all intellectual property rights in and to the Application, including copies, improvements, enhancements, derivative works and modifications thereof. The rights to use the Application are limited to those expressly granted hereby. No other rights with respect to the Application or any related intellectual property rights are granted or implied.

7. Legal nature of the Application - Disclaimers – Limitation of Liability

7.1. Services are provided “as is” and “as available” using a commercially reasonable level of skill and care. Except as expressly stated in these Terms & Conditions, the Company does not provide warranties, conditions, or undertakings of any kind in relation to the Services, either express or implied; for instance, warranties of merchantability and fitness for a particular purpose are excluded from these Terms. No advice or information, whether oral or written, obtained by you from the Company or through the services will create any warranty not expressly stated herein. Without limiting the foregoing, the Company, its subsidiaries, its licensors and affiliates, do not warrant that the content is accurate, true, reliable, correct or complete.
7.2. We undertake all reasonable efforts and technical measures so that the Services and access to the Application can take place smoothly and without interruption and that the adequate level of security necessary is maintained. However, we do not guarantee that the services, and the availability of the Application will be provided without interruption and without errors. We are not liable, though, if for any reason, negligence included, despite the maintained security measures adopted by us, the operation of the Application is interrupted or access to the Application or the User profiles becomes difficult and / or impossible or if viruses or other harmful software is identified and transmitted to the terminals of the users / visitors, or if third unauthorized parties intervene in any way to the content and operation of the Application making use of it difficult or causing problems to its proper function. Moreover, we are not liable in case of access break to the Application, for reasons beyond our influence as well as for reasons due to technical or other failure of the backbone network or for reasons of force majeure or incidental facts.
7.3. The Application and the content uploaded therein may contain hyperlinks (links) to third-party websites. We bear no responsibility for the content and services of those websites, nor does it warrant the continuous and safe accessibility to them. Therefore, for any problem arising during the visit/use of these websites, you should address directly the relevant website that is solely liable to resolve any problem. We are in no way endorsing or accepting the content or services of third-party websites which can be accessed via a link from our Application nor are we related to them in any way.The Company does not endorse any product, service or treatment advertised in the Application.The Company is not responsible for the privacy protection or the content of linked third-party web sites or applications, web sites framed within the Application, third-party web sites provided as search results or third-party advertisements and does not make any representations regarding their content or accuracy.
7.4. The Companyreserves the right: (a) to change at any time, without justification and without prior notice, partially or in total, the Terms & Conditions, the features and services provided, the Application’s functionalities as well as the Application’s versions or the provided content and features, (b) to renew or upgrade or discontinue / stop, partially or in total, all of the content of the Application and/or the User Account, (c) to renew or upgrade partially or in total the external appearance (interface), the structure or composition (configuration) of the Application and/or the User Account as well as their technical specifications, (d) to limit the access of the entire Application to any User. Moreover, the Companyreserves the right at any time to cancel, suspend or pause or shut down its operation.
7.5. The Company, as an intermediary information society service provider and especially as a host service provider of the content on the Application does not have a general obligation to monitor the content hosted in the Application nor any general obligation to actively seek facts or circumstances indicating illegal activity. However, we take reasonable precautionary measures to avoid as much as possible any such illegal activity.

7.6. Health and medical service disclaimer:

7.6.1. The Company in no manner provides Users with any professional health and medical services and/or advice through the Application.
7.6.2. The services provided to Users through the Application are strictly confined to the provision of a behavioral change application which assists Users who have undergone a bariatric and metabolic surgery in adopting healthy eating habits and in no manner does the services contain or constitute, and should not be interpreted as medical advice or opinion. The use of the Application and the provision of the services to the Users in no manner establishes any doctor-patient relationship.
7.6.3. Any and all services provided by the Company through the Application are strictly for informational purposes only, the Company is not and does not act as a medical professional, nor does it provide any health services and/or medical advice.
7.6.4. Nothing contained in the Services should be construed as such medical advice or diagnosis. The information and reports generated by the Company and provided to Users within the course of the operation of the Application and the provision of services shall in no manner be interpreted as a substitute for physician consultation, evaluation, or treatment, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition.
7.6.5. The Users are strongly advised to seek the advice of a doctor and/or medical professional for any questions and/or issues such Users may have regarding their health and physical status, prior to commencing the use of the Application. You are also encouraged to regularly visit your professional doctor, who is the sole responsible to monitor your progress and post-op condition and provide you with any necessary treatment, while the Company shall in no manner be liable for such monitoring and treatment. You Represent to us (which representation shall be deemed to be made each time you make use of the services through the Application), that you are not using the Services for the purpose of seeking medical attention. You further agree that, before using the services, you shall consult your physician, particularly if you are at risk for problems that could result from changes in your diet and eating habits as well as exercise. In the event you receive any information and/or advice from your professional doctor and/or physician against the use of the services through the Application, you must refrain from the use of the Application and the services provided therein. The Company shall in no manner be liable for any damage caused to the Users for not complying with the above.

8. Termination

8.1. If you wish to terminate this agreement, you may simply discontinue accessing the Application and making use of the services and features provided herein. If you wish to delete your User Account (if you have one at the Application) you can email us at info@myhabeats.cowith a request to delete your User Account.
8.2. The Company may terminate your access to all or any part of the Application and/or your User Account at any time, with or without cause, with or without prior notice.
8.3. Τhe Company reserves without limitation the right to delete any User Account and terminate this present agreement for due cause, including (indicatively but not exclusively) the following:
8.3.1 any violation of the present terms and conditions or any other illegal act or omission violating any laws or statutory provisions;
8.3.2 provision of false/inaccurate information in your User Account;
8.3.3 violation of any right of a third person that has come to our attention;
8.3.4 following a complaint received by another User or by third parties for breach of the present terms, violation of any law or statute;
8.3.5 following the request of any Authority and/or Court decision and/or relevant competent Body;
8.3.6 any other or omission that could damage or harm in any way the Application (i.e. indicatively its operation, its reputation, its trade name and IPRs, its technical specifications, its software etc);
8.3.7 the violation of the rules for the usage of the Application, as per article 5.4 above.

9. Confidentiality

9.1. As a result of the provision of our services to you, and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Information"). You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use our Information only for the specific purposes as allowed in these Terms. Any disclosure of our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of these Terms. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.

10. Indemnification

You agree to indemnify and hold harmless the Company, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Application, including but not limited to your violation of the Terms & Conditions.

11. Applicable Law and Jurisdiction

These terms are governed by and construed according to the laws of Greece. Both parties agree that they are subject to the exclusive jurisdiction of the courts of the city of Athens in Greece.

12. Miscellaneous

12.1. Above Terms and Conditions and Privacy Policy shall bind all parties and constitutes the entire agreement of the parties and prevail in any and all prior and existing contracts between the User and the Company.
12.2. If individual terms of the Terms & Conditions become partially or wholly invalid or unenforceable, the validity of the remaining provisions shall not be affected.
12.3. the Company’s failure to enforce any right or provisions of the present Terms & Conditions will not constitute a waiver of such or any other provision.
12.4. Users may not assign any of their rights under the present Terms & Conditions to any third party. The Companyreserves the right to assign its rights under the present to any other individual or entity at its sole discretion.
12.5. The Company reserves the right, at its own discretion to modify or replace any part of these Terms. It is your responsibility to check the Terms & Conditions periodically for changes. Your continued use of or access to the Application following the posting of any changes to the Terms & Conditions constitutes acceptance of those changes. The Company may also, in the future offer new services and/or features through the Application. Such new features and/or services shall be subject to the Terms & Conditions.
12.6. Contact information: to send the Company an email, use the "Contact Us" links located at the bottom of every page of the Application or email toinfo@myhabeats.co. You are also welcome to contact the Company on +306986648049.

Thank you for your cooperation. MyHabeats hopes you will find this Application helpful and convenient to use! MyHabeats is made with love for you who wish to make behavioral changes for a healthier and happier life.

Questions or comments regarding MyHabeats, should be submitted to the Company's email address info@myhabeats.co. The Company tries to answer every email in a timely manner but due to volume may not always be able to do so.

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