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PickyEating’s Terms of use

Thank you for using the PickyEating mobile application.

By becoming a member or using our mobile application, you accept and agree to these Terms of Use (“Terms”). Therefore, it is important that you carefully read through these Terms and in particular clause 2 “Important information”. If you do not consent to these Terms, you should not register an account with PickyEating.

1. General

TryggMat AB, registration number 559048-8184, with address Herman Ygbergas väg 18, 115 31 Stockholm, Sweden and e-mail address info@PickyEating.se (“PickyEating” or “we”) provides the PickyEating mobile application (the “Service”).
The Service is used to help our users to understand which ingredients food contains matching personal food preferences for recreational and educational purposes, i.e. we do not provide our users with any medical advice or diagnosis.
The mobile application is available via iPhone App Store and Google Play Store as ”PickyEating”.
These Terms apply when you (the ”User” or “you”) register an account with PickyEating and use the Service, and by accepting these Terms, you undertake to comply with them.
The User acknowledges that the Terms are concluded between PickyEating and the User, and not with the company providing the distribution platform for the Service, i.e. Apple and Google. PickyEating, not the distribution platform provider, is solely responsible for the Service and the content thereof.

2. Important information

PickyEating is only a tool to help you translate from a digital format what food contains, i.e. it is not a medical and/or health advice or diagnosis.
All use of the Service is at your own risk.
Although Validoo verifies nutritional information found in our database, PickyEating cannot guarantee that the information is accurate, reliant or complete. About 20 % of all food products have no digital product information. In addition, there is a margin of error of about 5-10 % where the products’ content or image does not correspond to the digital product information provided in the database.
In case of serious allergies and especially if these can lead to life-threatening conditions, always check the table of contents.
Children may not use the app without the legal guardians’ approval and the legal guardians’ have a responsibility to explain the information provided in these Terms.
See clause 7 “Health and nutritional information” below for more information.

3. User requirements etc.

To use our Service, you must follow some simple rules. The Service is only available for private use and is not intended for commercial use. You should be at least 16 years old to register an account and use the Service. You may only use the Service as permitted by law and these Terms. By using the Service, you agree that:
1. You are solely responsible for all activities on your account.
2. All of the personal data provided by you is accurate and up to date.
3. You may not share others’ personal data, without their approval.
4. PickyEating is not intended for use by persons under the age of 16.
5. You may not engage in any commercial activities, advertise and/or provide hints (such as links) on where commercial activities are present through our Service.
6. You may not contribute to any propaganda, religious and/or political views, or contribute with information that in any way contains or involves incitement to racial hatred, child pornography or pornography using our Service. Further, you may not defame, harass or offend other people using our Service.
Violation of any of these Terms may lead to a direct termination of your user account and subscription.
If you have any feedback regarding PickyEating or our Service, please contact us by using the contact details specified in clause 1

4. No payment

Download of the mobile application and use of the Service is free of charge.
PickyEating is not responsible for any transactions that occur between you and third parties when you purchase their products.

5. Right to use the Service

Subject to these Terms, PickyEating grants to you a worldwide, non-exclusive and non-transferable right to use the Service on a device that you own or control.
The license is also subject to any terms of use set forth by the company providing the distribution platform for the Service, e. Apple and Google.
In the event that your use of the Service is in material breach of these Terms, you shall reimburse PickyEating for all reasonable costs and expenses related to such use.

6. Your user account

To use the Service you have to create a user account by registering e.g. your name, e-mail address and password to the user account.
Your user account, including your e-mail and password, with PickyEating, is personal and may not be transferred or used by someone else. You are responsible for storing your login details in a safe manner. PickyEating is not in any way responsible for any loss or damage caused by unauthorized access to your user account or use of your login details. If you become aware of or suspect any unauthorized use of your user account, you must immediately change your password or notify PickyEating.
If PickyEating suspects that the user account or login information is misused or if the usage otherwise violates these Terms, PickyEating has the right to suspend you as a User.
PickyEating has the right to, irrespective of the reason, assign you with new login details.
You can at any time choose to cancel your user account at your convenience. To find out how to cancel the user account please follow the instructions in the mobile application. Please note that uninstalling the mobile application or closing your user account will not automatically stop your user account — you must actively cancel the user account. You can only cancel your subscription through the use of App Store or Google Play.

7. Health and nutritional information

You are responsible for your own health. PickyEating is not a medical or health organization and we will not provide you with any medical/health advice or diagnosis. The purpose of the Service is solely to help our users to translate from digital format what the food contains. Information made available through the Service and by our selected business partners shall solely be used for recreational and educational purposes. Although Validoo verifies nutritional information found in our database, PickyEating cannot guarantee that the information is accurate, reliant or complete.
The functionality of the Service is based on labels that lists the ingredients on pre-packaged food. The food producers are responsible for the digital product information. For some products/trademarks the allergen information is provided in a field named “allergen information”. For other products/trademarks, the information is provided solely on the label on the packaging listing the ingredients.
PickyEating only has the ability to match Users’ profiles with the products/trademarks where the field “allergen information” is available in digital format. In cases where allergen information is provided solely on the label listing the ingredients a yellow warning triangle is displayed and the User must check the packaging himself.
PickyEating’s ambition is that all information in the mobile application should be as correct and as up to date as possible. However, PickyEating cannot guarantee that all information is correct and cannot be held responsible for any actions based on the information we provide. If you find information that you consider incorrect, we encourage you to contact us by using the contact details specified in clause 1, so that we may contact the information provider.
PickyEating’s food profiles are currently based on the 14 ingredients/food groups, i.e. allergens, which cause the most severe allergic reactions and for which there are specific labelling- and information requirements. To this list we have added lactose. The available product information follows the National Food Agency’s (Sw. Livsmedelsverket) recommendations in accordance with https://www.livsmedelsverket.se/livsmedel-och-innehall/text-pa-forpackning-markning/allergimarkning1
If you are allergic or oversensitive against any source of nutrition, you must check the scanned information carefully and make sure it is in accordance with the label listing the ingredients on the packaging. If the food contains ingredients from the list of allergens it should be clearly stated on the packaging.
As an allergy sufferer you may need to avoid food labelled with ”may contain traces of” the relevant allergen. This is a warning label for ingredients without limitation value. At times, the levels of allergens may be non-existent and other times higher, and the same product may contain different levels on different occasions.
For more information, see https://www.livsmedelsverket.se

8. Intellectual property

The mobile application and all intellectual property rights associated therewith are the sole and exclusive property of PickyEating. The User have no right, title or interest in or to the mobile application or the intellectual property associated therewith, except as expressly set forth in these Terms.
You agree not to: (i) copy, sub-license, lease, rent or assign the mobile application or any content, material or data included in the Service, with exception of your own data, measurement data, or other processed data that have been collected, processed or exported by you as a result of your own use of our Service; (ii) distribute in whole or in part, modify, or create derivatives of the Service or any content, material or data included therein; or (iii) disclose the results of any benchmark or other performance test run on the Service to any third party without PickyEating’s prior written consent.
In the event of any third party claim that the Service or the User’s possession and use thereof infringes that third party’s intellectual property rights, PickyEating, and not the distribution platform provider, will be solely responsible for the investigation, defence, settlement and discharge of such claim.

9. Personal data

PickyEating is the controller for the processing of your personal data. Information regarding PickyEating’s processing of personal data can be found in PickyEating’s Privacy policy.

10. Maintenance and support etc.

Although it is PickyEating’s ambition, we cannot guarantee to provide the Service without technical disruptions. We may therefore have to restrict your access to the Service for e.g. service, support, safety or technical reasons.
If there is any problem with the Service or if you are dissatisfied in any way, please contact us. Our contact details are stated above. If you experience that the Service is faulty it is important that you inform PickyEating as soon as possible. We will always try to find a solution to the problem.
The company providing the distribution platform for the Service has no obligation to offer any maintenance and support with respect to the Service.

11. Claims

PickyEating, and not the distribution platform provider, is responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of that Service, including, but not limited to: (i) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection law or similar legislation.

12. Disclaimer and limitation of liability

In no event shall PickyEating be liable for any indirect or consequential damages.
PickyEating is not responsible for any personal injury or any other damages that may have been the result, direct or indirect, of any use or misuse of the Service.
You use the Service at your own risk. The Service is provided “AS IS,” without any warranties, e.g. PickyEating does not warrant that the Service and availability thereof will be uninterrupted or error-free. PickyEating does not assume any responsibility for errors or lack of correct information from food producers.

13. Term, termination and changes

These Terms and the agreement between you and PickyEating enters into effect when you install the mobile application and will remain in force until further notice until you cancel your user account.
PickyEating reserves the right to make changes and amendments to these Terms from time to time. Any amendments to these Terms will be posted through the Service. Changes will become valid when the User has accepted the changed Terms (while using the Service), but in no event later than 30 days after PickyEating has informed the User of the changes. If the User does not accept the changed Terms, the User may at any time cancel the user account and uninstall the Service as set out in clause 5 above.

14. Miscellaneous

Any questions, complaints and claims with respect to the Service should be directed to PickyEating by using contact details as specified in clause 1
PickyEating reserves the right to develop, expand, reduce or otherwise modify the Service´s design, technical specifications, systems and other functions and the conditions thereof.
The User is fully responsible to protect its technical equipment against unauthorized use, including using appropriate anti-virus software and firewall.
The User acknowledges that the distribution platform provider may be a third party beneficiary to the Terms and, upon the User’s acceptance of the Terms, the distribution platform provider will have the right to enforce the Terms against the User as a third party beneficiary to the Terms.
The distribution platform provider has no warranty obligation whatsoever with respect to the Service and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be PickyEating’s sole responsibility.
These Terms constitute the entire agreement between you and PickyEating, unless otherwise explicitly agreed in writing.
If any provision of these Terms is to be held invalid or unenforceable by any competent court, authority, arbitral tribunal or alternative dispute resolution board, the remainder of that provision and all other provisions will remain valid and enforceable to the fullest extent permitted by applicable law.
PickyEating has the right to assign any part of its rights and obligations under the agreement between PickyEating and you without your prior consent.

15. Governing law and disputes

Any dispute, controversy or claim regarding the interpretation or application of these Terms shall be governed by and construed in accordance with Swedish substantive law and settled by public court in Sweden.

16. Consumer protection

Nothing in these Terms shall limit your rights or PickyEating’s obligations and liability under mandatory applicable consumer protection law.

Thanks for taking the time to learn about our Terms of Use. We hope you feel more comfortable using our Service now.

Last updated on 2019-09-12.