PLEASE READ THESE LICENCE TERMS CAREFULLY

BY BUYING OR USING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE OR (WHERE APPLICABLE) SUBSCRIBE TO THE APP.

THESE TERMS APPLY TO ALL USERS OF OUR APP, INCLUDING ANY USAGE DURING A FREE TRIAL OR INTRODUCTORY OFFER BASIS, USAGE UNDER A SUBSCRIPTION WHICH YOU HAVE PURCHASED; OR WHERE YOU HAVE BEEN GRANTED ACCESS BY A THIRD PARTY WHO HAS PAID FOR ACCESS ON YOUR BEHALF. 

1. Who we are and what this agreement does

   1. Foody U license you to use:

      1. The Foody U App mobile application software and your use of the Services through our website (“App”) and any updates or supplements to it.

      2. The related electronic documentation accessed via the App (“Documentation”).

      3. The service you connect to via the App and the content we provide to you through it (“Service”).

      4. Where applicable, the ability to connect with a personal trainer or gym where your personal trainer or gym has purchased App access for and on  your behalf (“Third Party Service”),

as permitted in these terms.

2. Foody U Limited (registered company number 14732699) owns and operates the App and our website. Our registered office address is at 71-75, Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ.  

3. If you need to contact us, please email us at support@foodyu.app. 

2. Your privacy

   1. Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in https://foodyu.app/privacy-policy and it is important that you read that information. If you are using the App in relation to receiving medical or therapeutic services from a third party, that third party’s privacy policy might also apply to you (please contact them to confirm this). 

   2. Our Cookie Policy, which sets out information about the cookies used by the App.

3. Additional terms for specific Services

   1. If you are using the App in conjunction with receiving or providing Third Party Services, any terms and conditions or contract between you and them (“Third Party Terms”) will also apply between you and them (for example, terms between a gym or a personal trainer and their client).  We are not a party to any such Third Party Terms and so please contact the relevant third party if you have questions or concerns about the Third Party Services. 

4. If you purchase through the Apple app store, the Apple App Store terms and conditions apply

   1. If you download our App from the Apple App Store then the ways in which you can use the App and Documentation may also be controlled by their rules and policies https://www.apple.com/app-store/. If there are differences between our rules and policies and the Apple app store’s rules and policies, the Apple app store’s rules and policies will apply.

5. Web App Users

   1. When you use our Services by creating an account on our website, you are responsible for maintaining the confidentiality of your account and your password.  You should take all reasonable steps to ensure the password is kept secure and confidential and you must tell us immediately if you believe someone else knows your password or if it is being or may be used in an unauthorised manner. 

   2. You are responsible for ensuring that your account information remains up to date and accurate.  

6. You must be 18 to accept these terms and buy the App

   1. You must be 18 or over to accept these terms and buy or use the App.  

7. Operating system compatibility requirements

iPhone - Requires iOS 17.0 or later.

Mac –Requires macOS 14.0 or later and a Mac with Apple M1 chip or later.

Apple vision – requires OS 1.0 or later. 

[please insert any other relevant OS requirements for non-Apple devices]

8. Free Trial Periods

   1. From time to time we might offer free trial periods so you can try our subscription-only Services out.  The terms of the free trial will be explained on our website (and in the Apple App Store, if this is where you plan to purchase from).  At the end of the free trial, you will automatically be upgraded to our subscription Service unless you cancel before the paid-for subscription start date. 

   2. If you wish to cancel before the paid-for subscription starts, you must do this through your account on our website (for non-Apple purchases) or through the Apple App Store (for Apple purchases), at least 24 hours before the end of the free trial. 

   3. Once you have cancelled your free trial and received confirmation, you cannot resume the free trial period even if it was not used for the entire duration of the offer. You may not sign up for more than one free trial at the same time.

9. Subscriptions

   1. If you purchase a recurring subscription to use any of our subscription-only Services, the subscription will continue for the subscription period you select and will automatically renew for another subscription period until cancelled. Where you purchase a subscription from us through you will do so through a third party payments services provider (e.g. the Apple App Store or Stripe), and you authorise the payments services provider on our behalf to automatically charge your designated payment method at the beginning of each subscription period for the price of your subscription, along with any applicable taxes and fees specified, unless you cancel the subscription. If we are not able to charge your payment method for your subscription, you remain responsible for any uncollected amounts.

   2. All payments made through the applicable third party payments services provider are controlled and managed by that provider.  The payment provider’s own terms and conditions will also apply to you and so you should read them before making a purchase. 

   3. You must cancel your subscription at least 24 hours before the end of your current subscription period to avoid being charged for the next subscription period. If you signed up for an account through our website, you can cancel through your account on our website (which will link you to the payment service’s providers site, where you can easily cancel).  If you signed up through the Apple App Store, you can cancel through the Apple App Store. If you cancel, you are not entitled to a refund for the fees you already paid, but, subject to these Terms, you will continue to receive access to any subscription until the end of your current subscription period.

   4. If you are a UK consumer, you have a legal right to cancel your purchase of a subscription and receive a full refund at any time within 14 days from the date of purchase of your subscription. Please request to cancel through the App Store, if you wish to do this.  Please note that, your right to cancel will be lost if you use the subscription Services during the 14-day cancellation period. Where a refund is due, this will be made to the payment method originally charged for your subscription unless you agree otherwise.  

   5. If you need help or have any problems managing your subscription, do contact us for further support. 

10. Customer Content 

    1. To use the Services you may be asked to input information or data into the App (or where you have been given access through your gym or personal trainer, they might input information or data about you on your behalf), for the purpose of using the Services Such information or data is defined as Your Content. Your Content excludes personal data (such as your name or contact details).  

    2. In sharing or uploading any Your Content through the App, you confirm that: 

       1. Your Content is, to the best of your knowledge and belief, complete, accurate and not in any way misleading; and

       2. you have all necessary rights and permissions to share Your Content.

    3. You are solely and fully responsible for the content of any of Your Content that you share through the App, including any errors, omissions or inaccuracies contained therein. We will have no liability to you or any other person for the content of Your Content. 

    4. Where you share Your Content the App may respond by creating content (excluding personal data) for you based on Your Content, this newly generated content is defined as Output Content.  

    5. You acknowledge and accept that:

       1. You are responsible for your use of the Output Content and for evaluating the Output Content for accuracy, factual correctness and appropriateness for use;

       2. If Output Content is incomplete, incorrect, factually incorrect or offensive, that does not represent our views or any endorsement (or otherwise) of a third party.  You are responsible for determining if and how to use and rely on Output Content;

       3. due to the nature of the Services and the App, Output Content may not be unique and other customers, clients and users of the App may receive similar content from their use of the App;

       4. if Output Content relates to a person that you will not use such Output Content to make any important decisions about that person or in any way which might have a legal or other significant impact on the person.

    6. In this agreement, we use the term Customer Content to mean both Your Content and the Output Content, together.  You agree that we may use Customer Content (provided that such is anonymised, such that it cannot be linked back to a specific person or organisation) to provide, maintain, develop, train and improve the App and our Services, to comply with applicable laws, and to enforce the terms of this agreement.  

    7. If there is any loss or damage to Customer Content, your sole and exclusive remedy against us shall be for us to use reasonable commercial endeavours to restore the lost or damaged Customer Content from the latest back-up of such Customer Content maintained by us. We will not be responsible for any loss, destruction, alteration or disclosure of Customer Content caused by any third party (except those third parties sub-contracted by us to perform services related to Customer Content maintenance and back-up for which it shall remain liable).

11. Support for the App and how to tell us about problems

    1. Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at https://foodyu.app/. 

    2. Contact us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at support@foodyu.app. . 

    3. How we will communicate with you. If we have to contact you we will do so by email, by SMS, using the contact details you have provided to us.

12. How you may use the App, including how many devices you may use it on

    1. In return for your agreeing to comply with these terms you may:

       1. download or stream a copy of the App onto your device(s) and view, use and display the App and the Service on such devices for your personal purposes only. 

       2. use any Documentation to support your permitted use of the App and the Service; and

       3. receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.

13. You may not transfer the App to someone else

    1. We are giving you personally the right to use the App and the Service as set out above in section 11 (“How you may use the App"). Except as expressly permitted by us in relation to gyms and personal trainer usage (different terms and conditions apply), you may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

14. Changes to these terms

    1. We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. 

    2. Unless it is an emergency, we will give you at least 30 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App. 

    3. If you do not accept the notified changes you will not be permitted to continue to use the App and the Service and you may apply to the Appstore for a refund, which will reflect the period the App and the Service have been available to you prior to cancellation. 

15. Update to the App and changes to the Service

    1. From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons. 

    2. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services. 

    3. The App will always work with the current or previous version of the operating system (as it may be updated from time to time).

16. If someone else owns the phone or device you are using

    1. If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device. 

17. We are not responsible for other websites you link to

    1. The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). 

    2. You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them. 

18. Licence restrictions

    1. You agree that you will:

       1. not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;

       2. not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;

       3. not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;

       4. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things;

       5. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

19. Acceptable use restrictions

    1. You must: 

       1. not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;

       2. not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service;

       3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

       4. not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

       5. not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

20. Intellectual property rights

    1. All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.

21. Our responsibility for loss or damage suffered by you

    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

    3. When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

    4. We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

    5. Limitations to the App and the Services. The App and the Services are provided for general information only, as a supportive tool. They do not provide medical advice and the App is not a medical device.  You must always seek professional healthcare advice for medical concerns. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether expressed or implied, that such information is accurate, complete or up to date.

    6. Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

    7. Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on our website, the Apple App Store site (where you purchase via Apple), and in the Documentation) meet your requirements.

    8. We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

22. We may end your rights to use the App and the Services if certain circumstances 

    1. If you are permitted to use the App because a Third Party (such as your gym or a personal trainer) has paid for you to have access to the App, then we may end your rights to use the App and Services at any time where:

       1. The Third Party is in breach of any terms and conditions in place between them and us (for example, where they have failed to pay us on time); and/or

       2. When our contract or agreement with the Third Party expires or is terminated, so that they are no longer paying us to grant you access to the App and Services. 

    2. We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

    3. If we end your rights to use the App and Services:

       1. You must stop all activities authorised by these terms, including your use of the App and any Services.

       2. You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.

       3. We may remotely access your devices and remove the App from them and cease providing you with access to the Services.

23. Other important terms and conditions

    1. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. 

    2. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

    3. No one other than you or us has any rights to enforce the terms of this agreement.

    4. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

    5. Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

    6. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.