NourishDIY — Terms of Service

Terms of Service

These Terms of Service govern your use of NourishDIY, our website located at https://www.nourishdiy.com, and any related services provided by NourishDIY.

When you create an NourishDIY account or use NourishDIY, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from further using the app, accessing our website, or using any other services provided by NourishDIY.

If you access or download NourishDIY from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service; and/or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

We, NourishDIY, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page and notify you through the app and/or the email address you provided when you created your account. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on 30 March 2022.

Limitations of Use

By using NourishDIY and our website, you warrant on behalf of yourself, any entity who you represent who has entered into these Terms of Service, and your users that you will not:

  • modify, copy, prepare derivative works of, decompile, or reverse engineer NourishDIY or any materials and software contained within NourishDIY or on our website;
  • remove any copyright or other proprietary notations from NourishDIY or any materials and software contained within NourishDIY or on our website;
  • transfer NourishDIY or any of its associated materials to another person or “mirror” the materials on any other server;
  • knowingly or negligently use NourishDIY or any of its associated services in a way that abuses or disrupts our networks or any other service NourishDIY provides;
  • use NourishDIY or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
  • use NourishDIY or its associated services in violation of any applicable laws or regulations;
  • use NourishDIY to send unauthorized advertising or spam;
  • harvest, collect, or gather user data without the user’s consent; or
  • use NourishDIY or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

The intellectual property in the materials in NourishDIY and on our website are owned by or licensed to NourishDIY. You may download NourishDIY, to view, use, and display the application on your mobile device for your personal use only.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or these Terms of Service, and may be terminated by NourishDIY at any time.

Automatic Updates

You give us permission to download and install updates to NourishDIY on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting NourishDIY from your device.

Liability

NourishDIY and the materials in NourishDIY and on our website are provided on an 'as is' basis. To the extent permitted by law, NourishDIY makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall NourishDIY or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use NourishDIY, our website, or any other services provided by NourishDIY or the materials in NourishDIY, even if NourishDIY or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of Materials

The materials appearing in NourishDIY or on our website are not comprehensive and are for general information purposes only. To the extent permitted by law, NourishDIY does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in NourishDIY or on our website, or otherwise relating to such materials or on any resources linked to NourishDIY and our website.

Notice regarding Apple

To the extent that you are using or accessing NourishDIY on an iOS device, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Service are between you and NourishDIY only, not with Apple Inc. (Apple), and Apple is not responsible for NourishDIY and any materials available in NourishDIY.

Apple has no obligation to furnish you with any maintenance and support services with respect to NourishDIY. If NourishDIY fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to NourishDIY and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our responsibility.

You agree to comply with any applicable third-party terms when using NourishDIY, including any Usage Rules set forth in the Apple App Store Agreement of Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service, and upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service.

You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Subscription and payment

Price

The applicable subscription fees are shown before concluding the ordering process. Please check how the Apple Store and the Google Store handle tax management and prices. Any changes in taxes will be directly applicable to the subscriptions. Regarding fee changes or modifications, our company reserves the right to change any fee or tariff at any time and without prior notice.

Payment and Fees

Available payment methods will be shown to the client upon subscription, electronic payment will be shown only if available. Payment methods can vary. All of your banking details, credit card details and other payment methods are encrypted and are never stored on our website and/or application. We use third-party solutions to process your payment.

We reserve the right to modify at any time any fees, if you do not agree with the price change you can stop using our Services at any time before renewal payment occurs.

In App Purchases (IAP)

If you have subscribed through a third party such as Google Play, Apple App Store or any other third party, these Terms and Conditions might not apply to you. In that case your contract for such products will be with the third party and not with our Company. Our Company will not be liable for any claims related to purchases made through a third party; you must contact that third party directly.

Restoring your subscription, digital contents or In App Purchases

If you have made In App Purchases (IAP) through a third party you might be able to restore your previous purchases that you have already made. This can be done using the link within our Application and/or website.

Right to Terminate

We may suspend or terminate your NourishDIY account and right to use NourishDIY and these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Minnesota. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

Acceptable Use Policy

This acceptable use policy covers the products, services, and technologies (collectively referred to as the “Products”) provided by NourishDIY under any ongoing agreement. It’s designed to protect us, our customers, and the general Internet community from unethical, irresponsible, and illegal activity.

NourishDIY customers found engaging in activities prohibited by this acceptable use policy can be liable for service suspension and account termination. In extreme cases, we may be legally obliged to report such customers to the relevant authorities.

This policy was last reviewed on 30 March 2022.

Fair use

We provide our facilities with the assumption your use will be “business as usual”, as per our offer schedule. If your use is considered to be excessive, then additional fees may be charged, or capacity may be restricted.

We are opposed to all forms of abuse, discrimination, rights infringement, and/or any action that harms or disadvantages any group, individual, or resource. We expect our customers and, where applicable, their users (“end-users”) to likewise engage our Products with similar intent.

Customer accountability

We regard our customers as being responsible for their own actions as well as for the actions of anyone using our Products with the customer’s permission. This responsibility also applies to anyone using our Products on an unauthorized basis as a result of the customer’s failure to put in place reasonable security measures.

By accepting Products from us, our customers agree to ensure adherence to this policy on behalf of anyone using the Products as their end users. Complaints regarding the actions of customers or their end-users will be forwarded to the nominated contact for the account in question.

Prohibited activity

Copyright & unauthorized material: Our Products must not be used to transmit, distribute or store any material in violation of any applicable law. This includes but isn’t limited to:

  • any material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and
  • any material that is obscene, defamatory, constitutes an illegal threat or violates export control laws.

SPAM and unauthorized message activity: Our Products must not be used for the purpose of sending unsolicited bulk or commercial messages in violation of the laws and regulations applicable to your jurisdiction (“spam”). This includes but isn’t limited to sending spam, soliciting customers from spam sent from other service providers, and collecting replies to spam sent from other service providers.

Unethical, exploitative, and malicious activity: Our Products must not be used for activities such as hacking, distributing malware, denial-of-service attacks, or to facilitate other forms of malicious or illegal conduct. We also prohibit impersonation of NourishDIY or ownership of any NourishDIY property for the purpose of fraudulently gaining service, custom, patronage, or user trust.

About this policy

This policy outlines a non-exclusive list of activities and intent we deem unacceptable and incompatible with our brand. We reserve the right to modify this policy at any time by publishing the revised version on our website. The revised version will be effective from the earlier of:

  • the date the customer uses our Products after we publish the revised version on our website; or
  • 30 days after we publish the revised version on our website.