Terms & Conditions

Welcome to Actually Healthy! These Terms and Conditions govern the use of our application and any related agreements or legal relationships between you and the Owner in a legally binding way. Any capitalized words used in this document are defined in the relevant dedicated section. It is important that you read this document carefully before using our application.

While the contractual relationship regarding our Products is solely between the Owner and the Users, if our application has been provided to you via the Apple App Store, you acknowledge and agree that Apple may enforce these Terms as a third-party beneficiary.

Please note that these Terms do not create any relationship of employment, agency, or partnership between the parties involved.

Our application is provided by Actually Healthy, located at [insert address]. You can contact the Owner via email at [insert email address].

When we refer to "Actually Healthy," we mean:

Our website, including its subdomains and any other website through which we make our service available;
Applications for mobile, tablet, and other smart device systems;
The Application Program Interfaces (API);
The Service;
Any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation.

Please note that Actually Healthy is not a prescriber of nutritional plans or advice. Our nutrition coach provides recipes for you to choose from, but if you have any specific health-related concerns, it is important that you contact your doctor. We do not guarantee any specific results from using our application.

Additionally, we are not responsible for any groceries lost or stolen during delivery through Instacart. Please contact Instacart directly for any issues related to delivery.

What the User should know at a glance

The right of withdrawal only applies to European Consumers. The right of withdrawal, also commonly called the right of cancellation in the UK, is consistently referred to as "the right of withdrawal" within this document.

Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

Usage of this Application and the Service is age-restricted, as detailed in the relevant section of this document. Minors may access this Application and use its Service only under parental or adult supervision.

Unless otherwise specified, the terms of use detailed in this section apply generally when using this Application.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using this Application, Users confirm that they meet the following requirements:

There are no restrictions for Users in terms of being Consumers or Business Users.
Minors may only use this Application under parental or adult supervision.
Users aren't 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.
Users aren't listed on any U.S. Government list of prohibited or restricted parties.

Account registration

To use the Service, Users may register or create a User account, providing all required data or information in a complete and truthful manner.

Users may also use the Service without registering or creating a User account; however, this may cause limited availability of certain features or functions.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Application.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.

Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document if they think their personal information, including but not limited to User accounts, access credentials, or personal data, have been violated, unduly disclosed or stolen.

Conditions for account registration

Registration of User accounts on this Application is subject to the conditions outlined below. By registering, Users agree to meet such conditions.

Accounts registered by bots or any other automated methods are not permitted.

Disclaimer

The Actually Healthy application is not a prescriber of nutrition or any other healthcare advice. The nutrition coach who uploads recipes to the Application is not a licensed healthcare provider and does not provide medical advice, diagnosis, or treatment. The Application and Service are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider with any questions regarding personal health or medical conditions. If you have any specific health-related concerns, you should contact your doctor.

Account termination

Users can terminate their account and stop using the Service at any time by doing the following:

By directly contacting the Owner at the contact details provided in this document.

However, termination of the account will not be possible until the subscription period paid for by the User has expired.

Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages, or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Unless otherwise specified or easily recognizable, all of the content available on this application is either owned by the owner or provided by its licensors. The owner puts in its best effort to ensure that the content on the application does not violate any legal provisions or third-party rights. However, it may not always be possible to achieve this result. If any such cases arise, users are requested to report related complaints using the contact details provided in this document, without affecting their legal prerogatives to enforce their rights.

All intellectual property rights for the content available on this application are owned and reserved by the owner. Users may not use such content in any way that is not necessary or implicit in the proper use of the service. Specifically, users may not copy, download, share, modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties, or create derivative works from the content on this application. Users are not allowed to permit any third party to do so either, even without the user's knowledge. However, where explicitly stated on the application, the user may download, copy, and/or share some content available through the application for their sole personal and non-commercial use, provided that the copyright attributions and all other attributions requested by the owner are correctly implemented. Any applicable statutory limitation or exception to copyright shall remain unaffected.

Users may upload, share, or provide their own content to this application, confirming that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights. By providing content to this application, users grant the owner a non-exclusive, fully paid-up, and royalty-free license to process such content solely for the operation and maintenance of this application as contractually required. Users waive any moral rights in connection with the content they provide to this application, to the extent permitted by applicable law. Users acknowledge, accept, and confirm that all content they provide through this application is subject to the same general conditions set forth for content on this application.

Users are solely liable for any content they upload, post, share, or provide through this application. The owner does not filter or moderate such content, but reserves the right to remove, delete, block, or rectify such content at its discretion and to deny the uploading user access to this application without prior notice, if any complaint based on such content is received; if a notice of infringement of intellectual property rights is received; upon order of a public authority; or where the owner is made aware that the content, while being accessible via this application, may represent a risk for users, third parties, and/or the availability of the service. The removal, deletion, blocking, or rectification of content shall not entitle users who have provided such content or who are liable for it to any claims for compensation, damages, or reimbursement. Users agree to hold the owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this application.

Through this application, users may have access to external resources provided by third parties. The owner has no control over such resources and is therefore not responsible for their content and availability. The conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third party's terms and conditions or, in the absence of those, applicable statutory law.

Users must use this Application and the Service only for their intended purposes, as described in these Terms and according to applicable laws. Users are solely responsible for ensuring that their use of the Application and/or the Service does not violate any laws, regulations, or third-party rights. The Owner reserves the right to take appropriate action to protect its interests, such as denying access to Users, terminating contracts, or reporting any misconduct to authorities if Users are suspected of violating any laws, regulations, third-party rights, or these Terms. This includes engaging in prohibited activities, such as pretending to fulfill requirements for accessing the Application, concealing or stealing identities, manipulating identifiers, defaming, abusing, or harassing others, promoting dangerous activities, probing or testing the vulnerability of the Application, scraping, disseminating or publishing inappropriate content, using the Application for commercial purposes, or accessing the Application's source code. The Owner holds all intellectual and industrial property rights related to the software or technical applications embedded in this Application, and Users are granted a revocable, non-exclusive, non-sublicensable, and non-transferable license to use the software and/or technical means embedded in the Service. Users' rights and license grants will terminate upon termination or expiration of the Agreement. Business Users may access their data via the Application according to the API usage terms.

The products offered on this Application are sold on a paid basis, and the fees, duration, and conditions for purchasing such products are described in detail in the relevant sections. The prices, availability, and descriptions of the products are subject to change without notice. Although the products are represented on this Application with the utmost technical accuracy, such representation does not guarantee the quality of the purchased product. Users must follow the purchasing process, which includes specifying their contact information and payment method, reviewing and confirming the order, and accepting the Terms of Sale. Upon submitting the order, the User is obligated to pay the price, taxes, and any other fees and expenses specified in the order. Users will be notified of any fees, taxes, and costs that will be charged before they submit their order. The Owner may offer discounts or special offers for the purchase of products, which are subject to the eligibility criteria and the terms and conditions set out in the relevant section of this Application. Users may use coupons for offers or discounts, but there are specific rules for using coupons, and any breach of these conditions may lead to legal action by the Owner. The payment methods accepted by the Owner are made available during the purchasing process. If payment fails or is refused by the payment service provider, the Owner will not fulfill the purchase order. The purchased product's usage rights are retained by the Owner until the total purchase price is paid.

Menstrual Cycle Synchronization

The App provides recipe recommendations to women based on their menstrual phase in an effort to sync their cycle. However, we make no guarantees that following these recommendations will result in synchronization of your menstrual cycle. We do not claim to diagnose, treat, or cure any medical conditions. The recipe recommendations provided by the App are for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis, or treatment.

By using the App, you acknowledge that the recipe recommendations provided are not intended to be a substitute for professional medical advice, diagnosis, or treatment, and that you are solely responsible for any health-related decisions made based on the recommendations provided by the App. You should always consult with a healthcare provider before starting any new dietary or exercise program or making changes to your current regimen. We strongly advise against making any significant dietary or exercise changes without first consulting a qualified healthcare professional.

Limitation of Liability

In no event shall we be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of the App or the recipe recommendations provided by the App, whether based on contract, tort, strict liability, or any other legal theory. Our liability for any damages arising out of or in connection with your use of the App shall in no event exceed the total amount of fees, if any, paid by you for access to the App.

Indemnification

You agree to indemnify, defend, and hold harmless [insert company name] and its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or in connection with your use of the App, your breach of these Terms, or your violation of any law or the rights of a third party

The following are the provisions that apply to the use of this Application:

No Waiver: The Owner will not waive any right or provision under these Terms, and any waiver will not be considered a waiver of any other term or provision.
Service Interruption: The Owner may interrupt the Service for maintenance, updates, or other changes, and may suspend or terminate the Service within the limits of the law. If the Service is terminated, the Owner will work with Users to allow them to withdraw Personal Data or information in accordance with applicable law. The Service may also be unavailable due to events outside of the Owner’s control.
Service Reselling: Users are not permitted to reproduce, sell, resell, or exploit any portion of the Application or Service without the Owner’s prior written permission.
Privacy Policy: Users can refer to the privacy policy of the Application to learn more about the use of their Personal Data.
Intellectual Property Rights: All intellectual property rights related to this Application are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
Changes to These Terms: The Owner may amend or modify these Terms at any time, and will inform Users of these changes. The continued use of the Service will signify the User’s acceptance of the revised Terms.
Assignment of Contract: The Owner may transfer, assign, dispose of, or subcontract any or all rights or obligations under these Terms, and Users may not assign or transfer their rights or obligations without the written permission of the Owner.
Contacts: All communications relating to the use of this Application must be sent using the contact information stated in this document.
Severability: If any provision of these Terms is deemed invalid or unenforceable under applicable law, the remaining provisions will remain in full force and effect.
US Users: Any invalid or unenforceable provision will be interpreted, construed, and reformed to the extent reasonably required to render it valid, enforceable, and consistent with its original intent.
EU Users: The parties will do their best to find an agreement on valid and enforceable provisions if any provision of these Terms is deemed void, invalid, or unenforceable. If an agreement cannot be reached, the void, invalid, or unenforceable provisions will be replaced by applicable statutory provisions.

Governing Law

These Terms are governed by the laws of the United States, without regard to conflict of laws principles.

Exception for International Users

However, regardless of the above, if the User is located in a country outside of the United States, and the law of that country provides for a higher consumer protection standard, such higher standards shall prevail.

Venue of Jurisdiction

The exclusive jurisdiction to decide on any controversy resulting from or connected to these Terms lies with the courts of the United States.

Exception for International Users

The above does not apply to any Users located in a country outside of the United States where the law provides that disputes be resolved in a forum outside of the United States.

US Users

Each party specifically waives any right to trial by jury in any court in connection with any action or litigation.

Any claims under these terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others.

Dispute Resolution

Amicable Dispute Resolution

Users may bring any disputes to the Owner who will try to resolve them amicably.

While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Application or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.

The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.

Online Dispute Resolution for Consumers

The United States government has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.

As a result, any User can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link.

Definitions and Legal References

This Application (or this Application)

The property that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Business User

Any User that does not qualify as a Consumer.

Coupon

Any code or voucher, in print or electronic form, which allows the User to purchase the Product at a discounted price.

Example Withdrawal Form

Addressed to:

[Brand Name]

[Address]

[City, State, Zip Code]

[Email Address]

I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:

______________________________________________ (insert a description of the goods/services that are subject to the respective withdrawal)_

Ordered on: _____________________________________________ (insert the date)

Received on: _____________________________________________ (insert the date)

Name of consumer(s):_____________________________________________

Address of consumer(s):_____________________________________________

_Date: ______________________________________________

(sign if this form is notified on paper)

Owner (or We)

Indicates the natural person(s) or legal entity that provides this Application and/or the Service to Users.

Product

A good or service available for purchase through this Application, such as e.g. physical goods, digital files, software, booking services etc.

The sale of Products may be part of the Service.

Service

The service provided by this Application as described in these Terms and on this Application.

Terms

All provisions applicable to the use of this Application and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

User (or You)

Indicates any natural person or legal entity using this Application.

Consumer

US Consumers: Consumers based in the United States may bring legal proceedings in connection with these Terms in either the state or federal courts located in the state of New York.

Online Dispute Resolution for Consumers: The Actually Healthy brand provides an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts. As a result, any consumer can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link: [insert link to online dispute resolution platform].

Final Section:

Termination: The Actually Healthy brand reserves the right to terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.

Entire Agreement: These Terms constitute the entire agreement between Actually Healthy and you in relation to your use of this Service, and supersede all prior agreements and understandings, whether written or oral, relating to the same subject matter.

Governing Law: These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any choice or conflict of law provision or rule.

Changes to Terms: Actually Healthy reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Effective Date: These Terms are effective as of 4/11/23