Last Modified: 2024-05-01
Thank you for using our products and services (the “Service/s”). By becoming a member or using our Services, you accept and agree to these Terms and Conditions (“Terms”). Therefore, it is important that you carefully read through these Terms. If you do not agree to these Terms, you should not register with Kodeon.
To use our Services you must follow some simple rules. The Service is only available for your private use and is not intended for commercial use. Do not misuse the Services, so that either Kodeon or anyone else is harmed in any way. You may only use the Services as permitted by law and these Terms. By using our Services, you agree that:
All of the personal data provided by you is accurate and up to date.
You are solely responsible for all activities on your account and all the content that is uploaded and/or created under your account (“User Material”).
Kodeon does not monitor the contents of the Service, but may at any time choose, at its sole discretion, to remove User Material from the Service and/or your user account and to terminate your account and membership.
Your membership, including your email and password, with Kodeon is personal and may not be transferred or used by
someone else. You are responsible for storing your login details in a safe manner. Kodeon is not in any way responsible for any loss or damage caused by unauthorized access to your account or use of your login details. If you learn of or suspect any unauthorized use of your account, you must immediately inform Kodeon’s Customer Service. Contact details are available at the bottom of this document.
Kodeon’s Services are not intended for use by persons under the age of 13. To use Kodeon’s Services, you must be at least 13 years old.
Violation of any of these Terms will lead to a direct termination of your user account and subscription. If you violate these terms, you will not get a refund.
You may not engage in any commercial activities, advertise and/or provide hints (such as links) on where commercial
activities are present through our Services.
You may not contribute with any propaganda, religious and/or political views, or contribute with information which in any way contains or involves incitement to racial hatred, child pornography or pornography through the use of our Services. Further, you may not defame, harass or offend other people through the use of our Services.
If you have any criticism or feedback regarding Kodeon or our Services, you will first contact Kodeon to help us to improve our Services.
You may not transmit, and/or distribute files that may damage Kodeon or others’ computers or property (such as viruses and trojan horses).
You may not share others’ personal information, without their approval.
You can at any time choose to cancel/end your account at your convenience. Please note that uninstalling the mobile application or closing your account will not automatically stop your subscription — you must actively cancel the subscription on the Apple App Store or Google Play Store. Please note that if you have subscribed to a Kodeon Service through the use of App Store, Google Play Store, Amazon App Store or any other such service provider, you can only cancel your subscription through the use of their services. To find out how to cancel the subscription and/or your account, please follow the instructions in the app or on the website.
You are responsible for your own health. Kodeon is not a medical organization, and we will not provide you with any medical advice or diagnosis. The purpose of the Services is solely to help our users to record what they eat, how they exercise and to track their health, weight and fitness progress. Information made available through the Services and by our partners and affiliates shall solely be used for recreational and educational purposes. Always consult with your doctor before starting a diet or fitness program or if you experience any pain or discomfort. Kodeon cannot guarantee any health, weight and/or fitness results or improvements. Our Services are only intended for healthy adults, and please do not use our Services if you suffer from, or might suffer from, any medical condition that may be impaired by diet or exercise. Nutritional information found in our database has not been verified, investigated or reviewed by Kodeon. Kodeon cannot guarantee that the nutritional information provided in our database is accurate, reliable or complete. Kodeon 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 Services.
This section only applies when you purchase and/or subscribe to Kodeon’s Services. By paying the subscription fee you get premium access to Fitness Buddy during the time your subscription is valid, subject to these Terms. All subscriptions with Kodeon are paid in advance. You may at any time terminate your membership, in which case your membership will still be valid for the subscription time you have already paid for. The subscription can be cancelled at anytime. Subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period. If you have subscribed to a Kodeon Service through the use of App Store, Google Play Store, Amazon App Store or any other such service provider, using in-app purchase, you can only cancel your subscription through the use of their services. Subscription fees for Fitness Buddy can be found on its website (www.fitnessbuddy.com) and in the mobile application. Kodeon accepts a variety of different methods of payment, such as PayPal, Stripe, Apple iTunes, Google Play, Amazon App Store and credit card payment. Special terms and conditions may apply. Kodeon reserves the right to change the subscription fees from time to time. You hereby consent to be charged immediately upon subscribing. This means that you will only have 14 days to withdraw from the contract with Kodeon from the date you receive confirmation of your subscription via email if you do not start using the Services during that period. To use your right of withdrawal you must send an email to info@kodeon.ai. Any prepaid fees will be refunded within 30 days. All payments handled by Apple, such as in-app purchases, can only be refunded by Apple and with Apple’s consent. Default in payment shall not be deemed as a termination of a Kodeon subscription.
All rights in and to the Services, including any trademarks, service marks, trade names and copyrighted content (collectively “Intellectual Property”) presented within the Service are the property of Kodeon and/or third parties.
You agree not to use Intellectual Property for any other purposes except for your use of the Service, unless required otherwise by applicable mandatory law.
By submitting User Material to Kodeon, you warrant and represent that you hold the copyright, trademark and/or other intellectual property rights to your content. You agree to grant Kodeon a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use User Material to the extent necessary for Kodeon to operate and maintain the Service. This license shall remain valid until the respective User Material is deleted from the Service by you or by Kodeon in accordance with these Terms.
You use the products and Service at your own risk. The Service is provided “AS IS”, without any warranties, and Kodeon does not warrant that the Service and availability thereof will be uninterrupted or error free. Kodeon does not assume any responsibility for errors or omissions in the information or software or other documents, including User Material, which are referenced by or linked to. References or links to third parties' websites are provided "AS IS" without warranty of any kind, either express or implied.
In no event shall Kodeon be liable for any indirect or consequential damages, except in cases of intentional misconduct or gross negligence. To the maximum extent permitted under applicable law, Kodeon’s aggregated liability for any direct damages shall be limited to the lesser of: (i) membership fees paid by the user; (ii) membership fees paid by the user during the previous calendar year; or (iii) $1,000 USD.
Miscellaneous
For the sake of clarity, Kodeon doesn’t undertake the obligation to monitor the contents of User Material. We may allow users to see content generated by other users. Sometimes, users may view content that we deem as inappropriate.
You are not entitled to assign your rights and/or obligations under these Terms or use of the Service to any third party without Kodeon’s prior written consent. Kodeon is entitled to assign its rights and/or obligations under these Terms.
Kodeon reserves the right to refuse the Service to anyone for any reason at any time. Kodeon may revise these Terms from time to time and the most current version will always be posted on Kodeon’s website (www.kodeon.ai). Any and all material changes shall become into effect between you and Kodeon upon your acceptance of such changes (e.g. by using the Services after such notification has been made to you or renewing your subscription).
These Terms and the use of the Services are governed by the laws of the Province of Ontario, except for its conflicts of laws principles. All claims arising out of or relating to these Terms or the Service shall be resolved by courts in the Province of Ontario, Canada.
For further information, inquiries or assistance you may contact Kodeon. Customer Service is available in ways specified on the website or in the apps. The channels for support might differ from time-to-time.
Kodeon, Inc.,
67 Yonge Street, Suite 701, Toronto, ON
info@kodeon.ai
