Terms of use Lifemode App

Terms of Use

Effective January 20th, 2015

Lifecare Essentials GmbH (also referred to in this document as “Lifemode”, “We”, “Us”, “Our”; collectively the “Company”) when you use our app (the “App”), websites, mobile applications and other online products and services (collectively the “Services”) provides an online platform to get information about your lifestyle. Please read carefully the following terms and conditions (“Terms”) and our Privacy Policy which is incorporated herein by reference into these Terms. These Terms govern your access to and use of the App and the Services and, except as otherwise provided in these Terms, and constitute a binding legal agreement between you and the Company.

Key Terms related to Content

  • “Lifecare Essentials Content” means all Content that we make available through the App and Services, including any Content licensed from a third party, but excluding Registered User Content;
  • “Registered User Content” means all Content that a Registered User posts, uploads, publishes, submits or transmits to be made available through the App or Services;
  • “Collective Content” means Registered User Content and Lifecare Essentials Content;
  • “Content” means text, graphics, images, music, software, audio, video, information or other materials;
  • “Registered User” means a person who completes Lifecare Essentials’s account registration process, as described under “Account Registration” below.

Certain areas of the App (and your access to or use of certain Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the App, Services or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the App, Services or Collective Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING or USING THE APP or SITE or THE SERVICES or BY POSTING ANY CONTENT ON THE APP or SITE or THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER or NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS or USE THE SITE, SERVICES or COLLECTIVE CONTENT.

Modification

We reserve the right, at its sole discretion, to modify, discontinue or terminate the App or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the App or provide you with notice of the modification. We will also update the “Effective Date” at the top of the terms of service page of the App. By continuing to access or use the App or the Services after we have posted a modification on the App or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the App and the Services.

Eligibility

The App and Services are intended solely for persons who are 16 or older. By accessing or using the App or Services you represent and warrant that you are 16 or older.

Account Registration

In order to access certain features of the App and Services and to post any Registered User Content on the App or through the Services, you must register to create an account (“Account”) and become a “Registered User.” To become a Registered User you must be at least 16 years old. By completing the registration process to create an Account, you represent and warrant that you are 16 or older (please refer to our “Policy Toward Children” as detailed in ourPrivacy Policy). To become a Registered User you must not be currently underoing a teraphy or treatment. By completing the registration process to create an Account, you represent and warrant that you are not having a medical condition which could be endangered or worsened by getting in contact with the data provided by the app. The app is meant to be used as information about lifestyles, not as a diagnosys tool. During the registration process, you will be required to provide certain information and you agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your Account for any reason at its discretion, including, but not limited to, if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You agree to take sole responsibility for any activities or actions under your Account, whether or not you have authorised such activities or actions. You will immediately notify us of any unauthorised use of your Account at this email: office@lifecare-essentials.com.

Social Networking Services

As a Registered User of the App and Services, you may link your Account with your account on various third party social networking services, including, but not limited to, Facebook and Twitter (collectively, “SNS”) subject to the terms and conditions of the applicable third party SNS services. If you decide to link your Account with an SNS via our App or Services, we may obtain the personal information you have provided to the SNS (such as your “real” name, profile picture, email address and other information you make publicly available via the applicable SNS) from the account you have with such SNS and use that information as part of your Account and to log you into the App and Services if you are already logged into the SNS; the information we obtain may depend on the privacy settings you have with the SNS. You hereby consent to our access to and collection of such personal information about you. Please note that your relationship with the owners or operators of SNS services is governed solely by your agreement(s) with such third parties.

Privacy

See the Privacy Policy for information and notices concerning the collection and use of your personal information.

Ownership

The App, Services and Collective Content are protected by copyright, trademark, and other laws of Austria, the European Union and other countries. Except as expressly provided in these Terms, the Company and its licensors exclusively own all right, title and interest in and to the App, Services and Collective Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App, Services or Collective Content.

Content License

Subject to your compliance with the terms and conditions of these Terms, we grant you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, and print any Collective Content solely for your personal and non-commercial purposes. Any commercial use of the App and/or the Services without a commercial license issued to you and/or your organisation by us is prohibited and may result, in our sole discretion and without prior notice to you, in the suspension or disabling of your Account or the termination of these Terms. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, or otherwise exploit the App, Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in these Terms.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the App and Services (“Feedback”). You may submit Feedback by email: office@flifecare-essentials.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of the Company and you hereby irrevocably assign to the Company and agree to irrevocably assign to the Company all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

General Prohibitions

You agree not to do any of the following:

  • Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
  • Use, display, mirror or frame the App, or any individual element within the App, the Lifemode name and Lifecare Essentials name, any Lifecare Essentias GmbH trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
  • Access, tamper with, or use non-public areas of the App, our computer systems, or the technical delivery systems of our providers;
  • Attempt to probe, scan, or test the vulnerability of any Lifecare Essentials system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Lifemode or any of Lifecare Essentials GmbH providers or any other third party (including another user) to protect the App, Services or Collective Content;
  • Attempt to access or search the App, Services or Collective Content or download Collective Content from the App or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Lifecare Essentials GmbH or other generally available third party web browsers;
  • Send any unsolicited or unauthorised advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilising a Lifecare Essentials GmbH trademark, logo, URL or product name without our express written consent;
  • Use the App, Services or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the App, Services or Collective Content to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the App, Services or Collective Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the App;
  • Collect or store any personally identifiable information from the App or Services from other users of the App or Services without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation;
  • Encourage or enable any other individual to do any of the foregoing;
  • We will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the App, Services or Collective Content or to review or edit any Registered User Content, but have the right to do so for the purpose of operating the App and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Collective Content, including, any Registered User Content, that we, at our sole discretion, consider to be objectionable, in violation of these Terms or otherwise harmful to the App or Services.

Links

The App may contain links to third-party websites, apps, or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites, apps, or resources; or (ii) the content, products, or services on or available from such websites, apps, or resources. Links to such websites, apps, or resources do not imply any endorsement by Lifemode and/or Lifecare Essentials GmbH of such websites, apps, or resources or the content, products, or services available from such websites, apps, or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, apps, or resources.

Termination and Account Cancellation

If you breach any of these Terms, we will have the right to suspend or disable your Account or terminate these Terms, at our sole discretion and without prior notice to you. We reserve the right to revoke your access to and use of the App, Services and Collective Content at any time, with or without cause. When you register to join the App and create a profile page, you are free to choose any name to identify yourself to other Registered Users. However, any complaints to us by Registered Users, arising out of or in connection with your use of a false name, may result, in our sole discretion and without prior notice to you, in the suspension or disabling of your Account or the termination of these Terms. In the event that we terminate these Terms for your breach, or revoke your access to and use of the App and Services or terminate or discontinue the App and Services and consequently these Terms, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending an email to office@lifecare-essentials.com

Disclaimers

THE APP, SITE, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE APP OR SITE OR SERVICES, OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF APP OR SITE OR SERVICES, OR COLLECTIVE CONTENT OR ANYTHING ELSE PURCHASED OR OBTAINED THROUGH THE APP OR SITE OR SERVICES, OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANYTHING OBTAINED THROUGH THE APP OR SITE OR SERVICES, OR COLLECTIVE CONTENT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE APP OR SITE OR SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

LIFECARE ESSENTIALS GMBH IS NEITHER AN AGENT OF NOR IS CONNECTED OR AFFILIATED WITH ANY VENUE OR OPERATOR OF ANY BUSINESS OR VENUE FOR WHICH USER HAS PURCHASED SERVICES OR TICKETS FROM THROUGH THE APP OR SITE OR SERVICES. WE MAKE NO WARRANTY OR REPRESENTATIONS OF ANY KIND REGARDING THE PERFORMANCE OR NONPERFORMANCE OF ANY BUSINESS OR VENUE OR OPERATOR OF ANY BUSINESS OR VENUE IN CONNECTION WITH THE SERVICE, INCLUDING THE FAILURE TO HONOR TICKETS OR OTHER RESERVATIONS OR THE DELIVERY OF INCORRECT PRODUCTS AND/OR SERVICES.

YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS OF, ALL OF YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE APP OR SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE APP OR SITE OR SERVICES. YOU UNDERSTAND THAT WE DO NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE APP OR SITE OR SERVICES, NOR DO WE MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE APP OR SITE OR SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE APP OR SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE APP OR SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE APP OR SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE APP OR SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Indemnity

You agree to defend, indemnify, and hold Lifecare Essentials GmbH, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the App or Site or Services or Collective Content or your violation of these Terms.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE APP OR SITE OR SERVICES OR COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER LIFECARE ESSENTIALS GMBH NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APP OR SITE OR SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY DIRECT DAMAGES, OR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF OR IN CONNECTION WITH: (A) THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP OR SITE OR SERVICES OR COLLECTIVE CONTENT; (B) THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE APP OR SITE OR SERVICES; (C) THE PERFORMANCE OR NONPERFORMANCE OF ANY VENUE OR OPERATOR OF ANY VENUE IN CONNECTION WITH THE SERVICE, INCLUDING THE FAILURE TO HONOR TICKETS OR OTHER RESERVATIONS OR THE DELIVERY OF INCORRECT PRODUCTS AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO ORDERS; (D) ANY HARM TO YOU CAUSED IN WHOLE OR IN PART BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANOTHER USER OF THE SERVICES; (E) STATEMENTS, CONDUCT, OR COMMISSIONS OF ANY GUEST, HOST, OR OTHER THIRD PARTIES ON OUR APP OR SITE OR SERVICES; OR (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE APP OR SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE APP OR SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LIFECARE ESSENTIALS GMBH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. ASIDE FROM THE SERVICES PROVIDED THROUGH THE APP OR SITE OR SERVICES, FREEYUP SOFTWARE SOLUTIONS GMBH IS NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED ON WARRANTY, CONTRACT, TORT, PRODUCT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A USER’S VISIT TO A VENUE AND/OR BUSINESS LOCATION, RESULTING FROM USE OF THE APP OR SITE OR SERVICES.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Lifecare Essentials GmbH used herein are trademarks or registered trademarks of Lifecare Essentials GmbH. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Lifecare Essentials GmbH and you regarding the App, Services and Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements betweenLifecare Essentials GmbH and you regarding the App, Services and Collective Content.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may assign or transfer these Terms, at our sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by us: (i) via email (in each case to the email address that you provide) or (ii) by posting to the App. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

Dispute Resolution

You and Lifecare Essentials GmbH agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the App and Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Lifecare Essentials GmbH are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Lifecare Essentials GmbH otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

General

The failure of Lifecare Essentials GmbH to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Lifecare Essentials GmbH. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

If you have any questions regarding our terms, please contact us: office@lifecare-essentials.com.