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KetoEats.co Terms of Service Agreement

Effective as of 1st of August 2024

This Terms of Service Agreement ("Agreement") explains the terms and conditions under which you may use the website and the services provided by Bowmula Holdings LLC, operating as KetoEats ("KetoEats"). Please read this Agreement carefully and keep a copy for your reference.


By using our website, services, or accessing any content made available by Bowmula Holdings LLC, you agree to be legally bound by the terms and conditions stated in this document. If you do not agree with these terms, do not use or access our services.

MEDICAL DISCLAIMER: ALWAYS CONSULT A PHYSICIAN BEFORE STARTING ANY NEW MEAL PLAN OR CHANGING YOUR DIET. IF YOU EXPERIENCE ANY ADVERSE SYMPTOMS WHILE FOLLOWING A MEAL PLAN PROVIDED THROUGH OUR PLATFORM, SEEK MEDICAL ADVICE IMMEDIATELY. NOT ALL MEAL PLANS ARE SUITED FOR EVERYONE.

1. Definitions

1.1 The following definitions explain some of the terminology and abbreviations used throughout this Agreement:

  • 'Terms/Agreement' refers to the latest version of this Terms of Service Agreement document.

  • 'Site' refers to the KetoEats website available at or any other URL hosting KetoEats content or services.

  • 'Services' refers to the functionality of the Site, content provided through the Site, and other services provided by Bowmula Holdings LLC, as indicated on the Site.

  • 'Platform' refers to Site and Services collectively.

  • 'User/You' refers to any person using or accessing our Platform.

  • 'We/Us/KetoEats' refers to Bowmula Holdings LLC, the Platform, and their developers.

  • 'Third-Party' refers to any application, website, natural or legal entity other than KetoEats.

  • 'Content' refers to all images, text, audio, and video data or any other information located on the Platform.

  • 'User Generated Content' refers to the Content provided by the Users.

  • 'Information' refers to information about the Users themselves provided for the purpose of using our Services, contacting support, or anonymous statistical information collected from the Users through cookies or third-party services.

  • 'Confidential Information' refers to any and all information disclosed between the parties of this Agreement in relation to the Services. Confidential Information does not cover information that was known to either party prior to disclosure, information made available to the public, information required to run business transactions on the Platform, or information disclosed for the purpose of publishing.


2. Use of the Services
(A) Eligibility

2.1 By registering for the use of the Services, you confirm that you are at least 18 years of age. By using our Services, you confirm that you (i) have full legal capacity to enter into a binding relation, (ii) will provide true, accurate, current, and complete information where requested, and (iii) will not use Services contrary to these Terms or applicable laws.

2.2 You are responsible for ensuring that your use of the Platform complies with all local laws and regulations. If any part of the Platform is not in compliance with your local laws, you may not use the Platform. Such Services will be considered as 'not available in your region.'

(B) Scope of the Services

2.3 KetoEats offers a Platform that may allow Users to receive special meal plans tailored to the User’s requirements regarding their weight goals, life habits, and favorite meal ingredients. KetoEats meal plans do not replace or supplement advice from professional nutritionists. If you have any allergies, dietary restrictions, or health issues that may be instigated or aggravated by specific foods, please consult a medical professional before following KetoEats meal plans.

2.4 KetoEats cannot guarantee or warrant that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We will undertake reasonable measures to maintain the security and integrity of the Information provided by Users. However, we cannot guarantee 100% uptime for our Services. Services may be down for scheduled maintenance, force majeure events, specific Users' account suspension or termination, internet problems outside of KetoEats’ influence, or bugs in code, hardware, or Services without a commercially known fix.


(C) Registration

2.5 Some Services are only available to registered Users. During the registration process, you will be asked to provide personal information, the collection, use, and storage of which is regulated by our Privacy Policy and applicable laws. Users must provide true, accurate, current, and complete information. Failure to do so may result in denied access or termination of access to parts of our Services. We are not responsible for any failure in providing the Services resulting from inaccurate or incomplete information.

2.6 You are responsible for keeping your login information confidential and for all activity under your account. If you suspect unauthorized access to your account, inform us immediately.

(D) Contact

2.7 By providing us with your email address, you agree that we may contact you regarding any matters relating to the Services. These emails do not constitute unsolicited commercial email advertisements, and you cannot opt-out of receiving them. You may opt-in to receive promotional emails and may unsubscribe at any time by following the instructions in the emails.

(E) Subscription

2.8 Some Services are subject to payments. Details of costs, deliverables, terms, and special provisions will be displayed prior to purchase.

2.9 Subscription periods automatically renew at the end of the current period unless the auto-renewal option is disabled or payment does not go through. Subscription fees for the renewed period will be based on prices in effect 15 days prior to the expiry of the current period. You cannot cancel a subscription period you have already paid for, and we do not offer refunds. To discontinue using our Services, turn off auto-renewal before the current subscription period ends.

2.10 We may offer a free trial period for new users. After the trial period, we will charge the payment method provided for continued use of the Services. If you switch to paid Services before the trial period ends, you forfeit any unused portion of the trial.

3. Acceptable Use Policy

3.1 You agree not to misuse our Platform. Misuse includes, but is not limited to, the following:

  • Sending unauthorized commercial communications (spam) through the Platform.

  • Collecting Users' content or information using automated means without our permission.

  • Uploading viruses or other malicious code.

  • Bullying, intimidating, or harassing any other User.

  • Posting or transmitting content that is illegal, hateful, obscene, threatening, incites violence, defamatory, infringing of intellectual property rights, invasive of privacy, or otherwise objectionable.

  • Harassing, threatening, embarrassing, or causing distress to another individual or entity.

  • Taking actions that create a disproportionately large usage load on our Platform.

  • Posting misleading content.

  • Communicating information you do not have the right to make available or that infringes on someone else's rights.

  • Encouraging participation in illegal activities or spamming through the Platform.

  • Posting hyperlinks to websites that violate these Terms.

  • Facilitating or encouraging any violation of these Terms. 3.2 Users are solely responsible for their own content and the consequences of making the content available to third parties.


4. Intellectual Property

(A) Proprietary Rights

4.1 The copyright and all intellectual property rights in the Platform belong to KetoEats or are used with appropriate permissions. This includes design, all database rights, trademarks, text, graphics, code, file and links, service marks, and the selection and set up thereof. All rights are reserved. Nothing in this agreement shall be understood or intended for transfer of such intellectual property rights to you or any other third party.

4.2 Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform. Except as expressly permitted in this Agreement, you may not:
Copy, modify, or create derivative works based on the Platform or Content.
Distribute, transfer, sublicense, lease, lend, or rent the Platform or Content to any third party.
Reverse engineer, decompile, or disassemble the Platform or Content.
Make the functionality of the Platform available to multiple users through any means.

(B) Notification of Infringement

4.3 If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Site’s Copyright Agent:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

  • A description of the copyrighted work or other intellectual property that you claim has been infringed.

  • A description of where the material that you claim is infringing is located on the Site.

  • Your name, address, telephone number, and email address.

  • A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

  • A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.


(C) User Generated Content

4.5 If you post content on or through the Platform, you grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such User Generated Content on the Platform and on any other marketing material we may create. Whenever we use the User Generated Content, we will give appropriate credit to the content provider.

4.6 We aim to provide a safe space for all our Users. However, we do not monitor User Generated Content, so you agree to inform us immediately if you come across any illegal activity, activity in breach of these Terms, or activity you suspect might be in violation of these Terms or applicable laws. Although we expressly prohibit posting of any User Generated Content that is illegal, hateful, obscene, threatening, incites violence, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence, we do not pre-screen the content. You use the Platform at your own risk. We reserve the right to remove any content that we find to be in breach of these Terms or relevant laws without notifying Users or providing reasoning. You recognize and concur that KetoEats bears no obligation regarding the risk, harm, damage, or loss that might emerge from content submitted to or distributed on the Platform. By providing your content online, other people will have access to it and can copy, share, or otherwise interact with it. If you do not want your content to be used as described, do not share your content.

(D) Third-Party Content

4.7 Some content on the Platform, such as advertisements, may be provided by third parties. We are not responsible for such content, nor do we monitor or control content provided by third parties.

(E) Confidential Information

4.8 During the term of this Agreement, Users may be required to provide or volunteer certain Confidential Information to KetoEats. KetoEats may also disclose certain Confidential Information to Users. Both parties agree to keep Confidential Information in strict confidence, undertake all reasonable measures to protect it, not disclose it without prior written consent, use it only for intended purposes, and return or destroy all Confidential Information upon written request or termination of the Agreement.

5. Third-Party Services

5.1 The Services may be made available or accessed in connection with third-party services and content (including advertising) that KetoEats does not control. We may also provide you with links to third parties. Different Terms of Service and privacy policies may apply to your use of such third-party services and content. KetoEats does not endorse such third-party services and content and is not responsible or liable for any products or services of such third-party providers.

6. Privacy Policy

6.1 We take User privacy very seriously and do everything in our power to maintain the integrity and security of the Information.

6.2 KetoEats endeavors to maintain appropriate physical, procedural, and technical security to prevent any loss, misuse, unauthorized access, disclosure, or modification of personal Information. This applies to our disposal or destruction of personal Information. We keep the personal Information we collect about you strictly confidential. Only authorized personnel have access to this personal Information.

6.3 In some instances, we are obliged to comply with court orders and government requests and provide Information to authorized bodies. We may disclose or access Information whenever we believe in good faith that the law requires it, such as to comply with litigation, protect our rights, protect your safety or the safety of others, investigate fraud, or maintain service and improve our products and services.

7. Indemnity

7.1 You will indemnify and hold harmless KetoEats, its employees, and affiliates from any claims, disputes, demands, liabilities, damages, losses, costs, and expenses, including legal and accounting fees arising out of or in any way connected with your access to or use of the Platform, content you provide, or your violation of these Terms.

8. Limitation of Liability

8.1 TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE KetoEats SERVICE IS TO STOP USING THE KetoEats SERVICES. THE SITE AND SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KetoEats, ITS EMPLOYEES, OFFICERS, AGENTS, AFFILIATES, SUCCESSORS, SUPPLIERS, ASSIGNEES, OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES ARISING OUT OF YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE KetoEats PLATFORM, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT, INCLUDING WITHOUT LIMITATION ANY OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE PLATFORM, REGARDLESS OF LEGAL THEORY, EVEN IF KetoEats HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.3 You hereby understand and agree that your sole and exclusive remedy for any dissatisfaction with the Platform or Content is to cease using the Platform.

8.4 KetoEats, its employees, agents, and directors do not accept any liability, and you hereby agree to release us from any liability arising out of the information provided through the Platform or any errors or omissions therein. KetoEats is not liable for loss caused by your actions or decisions based on your reliance on the information provided through the Site, nor for any delay, malfunction, or unavailability of the Platform.

8.5 The Site and its Content are not medical or psychological advice. You should not use any information made available through the Site as a substitute for advice, diagnosis, or treatment recommended by a healthcare professional. If your health issues do not subside or your health condition deteriorates, visit your doctor immediately. We are not responsible for the results of your decisions based on the information acquired through the Site, including but not limited to your choosing to seek or not seek medical care or treatment.

8.6 Different foods may affect your health based on the medications you are using. Before following the meal plans provided by KetoEats, consult your doctor or pharmacist if there are dietary restrictions related to your medication.

9. Changes

9.1 KetoEats may make changes or replace this Terms of Service Agreement at any time. We will post such changes on the Platform, and such changes will take effect immediately upon posting. You are responsible for keeping yourself up to date with the latest Terms of Service Agreement and are bound by such changes if you access or use our Service after we have posted updated Terms. The Terms of Service Agreement applies regardless of the operating system or device you use to access our Platform.

10. Termination

10.1 KetoEats may terminate this agreement without notice and with immediate effect if you:

  • Breach this Agreement.

  • Misuse the Services or use Services contrary to the Acceptable Use policy.

  • Engage in fraudulent or illegal activities.

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10.2 Upon termination of this Agreement, you will not be able to use the Services. KetoEats shall not be responsible for any damage caused by the termination of this Agreement.


11. Governing Laws and Choice of Forum

11.1 This Agreement shall be governed by and construed under the laws of the state of California, without regard to its conflict of law provisions. You agree that if you have any dispute with KetoEats, you will contact us to settle through negotiations and mutual understanding. If a solution cannot be reached through negotiations, you agree to submit to the exclusive jurisdiction of the courts in Alameda County, California.

12. Final Provisions

12.1 If any part of these Terms is found to be invalid, illegal, or unenforceable, it will not affect the validity or enforceability of the remainder of the Terms.
12.2 The section titles in the Terms are for convenience only and have no legal or contractual effect.
12.3 Any failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
12.4 You may not assign or transfer the rights of this Agreement in whole or in part under any circumstances.
12.5 This Agreement is intended solely for the benefit of you and us and is not intended to confer any benefits upon or create any rights in favor of any person or entity other than you.
12.6 These Terms may be available in multiple languages, however, the English version will be considered the authentic and official version.

Disclaimer: KetoEats is not a substitute for medical advice and does not claim to cure or prevent any disease or condition. Always seek the advice of your doctor or other qualified health care provider if you have any questions about your health, or before undertaking the keto diet. Actual results of the diet may vary from person to person.

 

© 2024 Bowmula Holdings Inc.   TERMS

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