Terms & Conditions

These terms and conditions ("Terms", "Agreement") are an agreement between Petal App LTD ("Petal App LTD", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the Petal App mobile application and any of its products or services (collectively, "Mobile Application" or "Services").

 

Medical Disclaimer

Petal App is a mobile application that helps people to build a happy and healthy relationship with food. The app is a platform that provides live support, community chats and informative content that educates about healthy lifestyle and wellbeing. Any materials are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. The company is not a licensed medical care provider and the application is not intended to replace professional medical advice or diagnose, treat or manage any illness or medical condition. Only your physician or other health care provider can do that. 

 

Petal App makes no claims, representations or guarantees that the Service provides a physical or therapeutic benefit. If you are struggling with a diagnosed eating disorder, we advise you consult your health care provider before using our service. 

 

We disclaim liability for any errors or omissions, or for unintended technical inaccuracies, or typographical errors in the provided materials, as well as violation of any ethical or moral standards applicable in your community.

Accounts and membership

 

You must be at least 13 years of age to use this Mobile Application. By using this Mobile Application and by agreeing to this Agreement you warrant and represent that you are at least 13 years of age. If you create an account in the Mobile Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We 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. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

If you are under 18, your parent or guardian must review and accept the terms of this Agreement, and by using the App, you confirm that your parent or guardian has so reviewed and accepted this Agreement. We reserve the right to limit the availability to users under the age of 18 of certain content in the App, in our sole discretion.

 

Device requirements

To enjoy Petal App via your smartphone or other Device, your Device must satisfy certain system requirements. There requirements can be found on the Website and the Google, Apple and Amazon App marketplaces. 

 

User content

 

We do not own any data, information or material ("Content") that you submit in the Mobile Application in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review Content in the Mobile Application submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. Unless specifically permitted by you, your use of the Mobile Application does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.

Community Chat Rules

 

Petal App features community chats where users can share information and support one another. 

As a user of Community Chats, you must follow a set of rules:   

  1. Treat everyone with love and respect. We don’t tolerate racism, sexism, homophobia, bullying and any other form of hate speech/personal attacks. 

  2. Be aware of what you say here. Some users may struggle more than others.

    1. Add sensitive warnings when your post could be even slightly triggering. 

    2. No numbers related to weight, food, exercise, and other measurements are allowed

    3. Selfies, body shots are not allowed

    4. Weight loss tips are not allowed

  3. Keep your posts relevant. You should look through the existing topics to choose a proper one for your post. 

  4. Providing any medical advice or claiming to be a healthcare professional is strictly prohibited. 

  5. Keep in mind that comments here are not medical advice. In case of any concerns about your health, please consult a doctor. 

  6. Petal chats are constantly moderated, but you can always report abusive, triggering comments and any inappropriate behaviour. 

 

At our sole discretion, we reserve our right to: 

  1. Delete any inappropriate or irrelevant comments or materials;

  2. Delete or modify comments containing personal data, such as name, address or e-mail;

  3. Restrict or ban your access to Community chat at any time and without notice if we determine that the content or use of Community Chat is in violation of this agreement;

  4. Use, copy, modify, reshuffle, move, change, publicly display, publicly conduct and distribute discussions, comments and materials;

  5. Block your comments or moderate them as we deem appropriate; 

  6. Disable Community chat at any time without prior notification. 

 

Backups

 

We perform regular backups of the Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.

 

Advertisements

 

During the use of the Mobile Application, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Mobile Application. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

 

Prohibited uses

 

In addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related mobile application, other mobile applications, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the Internet. We reserve the right to terminate your use of the Service or any related mobile application for violating any of the prohibited uses.

 

Intellectual property rights

 

"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Petal App LTD or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Petal App LTD. All trademarks, service marks, graphics and logos used in connection with the Mobile Application or Services, are trademarks or registered trademarks of Petal App LTD or Petal App LTD licensors. Other trademarks, service marks, graphics and logos used in connection with the Mobile Application or Services may be the trademarks of other third parties. Your use of the Mobile Application and Services grants you no right or license to reproduce or otherwise use any Petal App LTD or third party trademarks.

 

Disclaimer of warranty

 

You agree that such Service is provided on an "as is" and "as available" basis and that your use of our Mobile Application or Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

 

Indemnification

 

You agree to indemnify and hold Petal App LTD and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Mobile Application or Services or any willful misconduct on your part.

 

Severability

 

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

 

Dispute resolution

 

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of United Kingdom without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United Kingdom. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in United Kingdom, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

 

Changes and amendments

 

We reserve the right to modify this Agreement or its policies relating to the Mobile Application or Services at any time, effective upon posting of an updated version of this Agreement in the Mobile Application. When we do, we will revise the updated date at the bottom of this page. Continued use of the Mobile Application after any such changes shall constitute your consent to such changes.

 

Acceptance of these terms

 

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Mobile Application or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Mobile Application and its Services.

 

Contacting us

 

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to info@petalapp.co.uk

 

This document was last updated on June 23, 2020