{"service":{"name":"MyFitnessPal","url":"https://www.myfitnesspal.com/terms-of-service","lang":"ENG","sector":"Sport","hq":"US","hq_category":"US","is_public":"Private","is_paid":"Optionally paid","date":"18.12.2020"},"document":{"title":"","text":"MyFitnessPal Terms and Conditions of Use\nEffective Date: December 18, 2020\nWelcome to MyFitnessPal. These Terms and Conditions of Use apply and govern your use of our\nwebsite and mobile application (the “App”) and are designed to create a positive, law-abiding\ncommunity of our users. By using MyFitnessPal, you are agreeing to all the terms and conditions\nbelow.\nMyFitnessPal, Inc. and any successor entity (referred to throughout as “MyFitnessPal,”\n“we” or “us”), offers a variety of content and services through the MyFitnessPal website and App\n(collectively, the “Services”).\nTHESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER\nIN SECTION 14. THIS PROVISION AFFECTS YOUR RIGHTS TO RESOLVE DISPUTES WITH\nMYFITNESSPAL AND YOU SHOULD REVIEW IT CAREFULLY. YOUR CHOICE TO MAINTAIN\nAN ACCOUNT, ACCESS OR USE THE SERVICES (REGARDLESS OF WHETHER YOU\nCREATE AN ACCOUNT WITH US) CONSTITUTES YOUR AGREEMENT TO THESE TERMS\nAND OUR PRIVACY POLICY, WHICH IS INCORPORATED INTO THE TERMS. IF YOU\nDISAGREE WITH ANY PART OF THE TERMS, THEN YOU ARE NOT PERMITTED TO USE\nOUR SERVICES.\nPlease note the summaries in shaded boxes at the top of most sections are provided to make the\nTerms easier to understand. In the event of a conflict between any summary and any section of the\nTerms, the Terms will control.\nPlease feel free to contact us through our Support Team if you have any questions or suggestions.\n1. Use of the Services and Your Account\n1.1 Who can use the Services\nYou must be at least 18 years old to use the Services.\nYou must be at least 18 to use the Services (unless otherwise specified in the International Terms\nsection applicable to specific jurisdictions). No individual under the age of 18 may use the Services,\nprovide any Personal Data (as that term is defined in the Privacy Policy) to us, or otherwise submit\nPersonal Data through the Services (e.g., a name, address, telephone number, or email address).\n1.2 Your Account\nYou may need to create a MyFitnessPal account to access the Services, and it's important that you\nkeep your account accurate and up-to-date (particularly your email address - if you ever forget your\npassword, a working email address is often the only way for us to verify your identity and help you\nlog back in).\nYou may need to register for a MyFitnessPal account to access or use certain Services. Your\naccount may also automatically provide you access and means to use any new Services.\nWhen you create an account for any of our Services, you must provide us with accurate and\ncomplete information as prompted by the account creation and registration process, and keep that\ninformation up to date. Otherwise, some of our Services may not operate correctly, and we may not\nbe able to contact you with important notices.\nYou are responsible for maintaining the confidentiality of any and all actions that take place while\nusing your account, and must notify our Support Team right away of any actual or suspected loss,\n\ntheft, or unauthorized use of your account or account password. We are not responsible for any\nloss that results from unauthorized use of your username and password.\nIf you are a resident of the European Union: You have the right to delete your account with us\nby contacting our Support Team. If you choose to permanently delete your account, the non-public\nPersonal Data that we have associated with your account will also be deleted.\n1.3 Service Updates, Changes and Limitations\nOur Services are constantly evolving. With the launch of new products, services, and features, we\nneed the flexibility to make changes, impose limits, and occasionally suspend or terminate certain\nServices. We may also update our Services, which might not work properly if you don't install the\nupdates.\nThe Services change frequently, and their form and functionality may change without prior notice to\nyou.\nWe may provide updates (including automatic updates) for certain Services as and when we see\nfit. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or\nnew features (collectively, “Updates”). Certain portions of our Services may not properly operate if\nyou do not install all Updates. You acknowledge and agree that the Services may not work properly\nif you do not allow such Updates and you expressly consent to automatic Updates. Further, you\nagree that the Terms (and any additional modifications of the same) will apply to any and all\nUpdates to the Services. We may change, suspend, or discontinue any or all of the Services at any\ntime, including the availability of any product, feature, database, or Content. In addition, we have\nno obligation to provide any Updates or to continue to provide or enable any particular features or\nfunctionality of any Service. We may also impose limits on certain Services or restrict your access\nto part or all of the Services without notice or liability.\n1.4 Service Monitoring and Suspension\nWe reserve the right to refuse to provide the Services to anyone, and can monitor, terminate or\nsuspend your account or access to the Services at any time.\nWe reserve the right, but have no obligation, to monitor any accounts and/or activities conducted\nthrough or in any way related to the Services (including inviting a fellow user into a community or\ngroup), as well as any user’s use of or access to Personal Data, and profiles of other users.\nWe may also deactivate, terminate or suspend your account or access to certain Services at any\ntime: (1) if we, in our sole discretion, determine you are or have been in violation of these Terms or\nthe spirit thereof (as highlighted in our Community Guidelines), (2) if we, in our sole discretion,\ndetermine you have created risk or possible legal exposure for MyFitnessPal, the general public,\nany third party, or any user of our Services, (3) in response to requests by law enforcement or\nother government agencies, (4) upon discontinuation or material modification of any Services, or\n(5) due to unexpected technical issues or problems. We will endeavor to notify you by email or the\nnext time you attempt to access your account after any such deactivation, termination or\nsuspension.\n1.5 Security\nPlease let us know right away if you believe your account has been hacked or compromised.\nWe care about the security of our users. While we work hard to protect the security of your\nPersonal Data, User-Generated Content, and account, we cannot guarantee that unauthorized\nthird parties will not be able to defeat our security measures. Please notify our Support\nTeam immediately of any actual or suspected breach or unauthorized access or use of your\naccount.\n\n2. Ownership and Use of Content\n2.1 Definitions\nContent is what shows up in-app or on the website when you use our Services. User-Generated\nContent is any Content that is created by you or other users, and MyFitnessPal Content is all other\nContent.\nFor purposes of these Terms, (i) “Content” means any form of information, data or creative\nexpression and includes, without limitation, video, audio, photographs, images, illustrations,\nanimations, tools, text, ideas, communications, replies, “likes,” comments, software, scripts,\nexecutable files, graphics, geo-data, workouts and workout data, biometric data and data elements\nderived therefrom, meal, or fitness training plans, annotations, nutrition information, recipes,\ninteractive features, designs, copyrights, trademarks, service marks, branding, logos, and other\nsimilar assets, patents, sounds, applications and any intellectual property therein, any of which\nmay be generated, provided, or otherwise made accessible on or through the Services; (ii) “User-\nGenerated Content” means any Content that a user submits, transfers, or otherwise provides to\nor through the use of the Services; and (iii) “MyFitnessPal Content” means all Content that is not\nUser-Generated Content.\n2.2 Ownership\nYou own the Content that you create, and we own the Content that we create.\nAll MyFitnessPal Content and all copyright, trademarks, design rights, patents and other intellectual\nproperty rights (registered and unregistered) in and on the Services belong to MyFitnessPal and/or\nits partners or applicable third parties. Each user retains ownership, responsibility for, and/or other\napplicable rights in the User-Generated Content that he/she creates, but grants a license of that\nUser Generated Content to MyFitnessPal as explained in Section 2.5 below. MyFitnessPal and/or\nits partners or third parties retain ownership, responsibility for and/or other applicable rights in all\nMyFitnessPal Content. Except as expressly provided in the Terms, nothing grants you a right or\nlicense to use any MyFitnessPal Content, including any content owned or controlled by any of our\npartners or other third parties. You agree not to duplicate, publish, display, distribute, modify, or\ncreate derivative works from the material presented through the Services unless specifically\nauthorized in writing by us.\n2.3 Our License to You\nYou are welcome to access and use the MyFitnessPal Content and Services. We work hard to\nprovide a great experience for our users, so please respect our intellectual property rights and only\nuse the MyFitnessPal Content and Services as intended. This includes not using any MyFitnessPal\nContent or Services for commercial purposes without our permission. We do have APIs and other\ntools you can use to help create your own apps and products. Contact us to find out more.\nSubject to your compliance with these Terms, we grant you a limited, revocable, personal, non-\ntransferable, and non-exclusive right and license to access and use the Services and MyFitnessPal\nContent for your own personal, noncommercial purposes, provided that you do not (and do not\nallow any third party to) copy, modify, create a derivative work from, reverse engineer, sell, assign,\nsublicense, grant a security interest in, transfer or otherwise commercially exploit any right in the\nMyFitnessPal Content or Services.\n2.4 Acceptable Usage Guidelines\n2.4.1 MyFitnessPal Content. Except as expressly permitted by applicable law or authorized\nby MyFitnessPal, you agree not to modify, rent, lease, loan, sell, distribute, or create\nderivative works based on the Services, the Services’ software, or any MyFitnessPal Content\n\noffered as part of the Services (other than User-Generated Content), in whole or in part. You\nshall not download, copy, or save MyFitnessPal Content, except (i) as expressly permitted by\nthe functionality of certain Services as provided for in the specific guidelines and/or additional\nterms applicable to those Services, or (ii) solely for personal use or your records.\n2.4.2 Commercial Usage of the Services. The Services, with the exception of certain\nproducts and services provided though MyFitnessPal branded websites we make available\nas tools for website owners (collectively, the “Commercial Tools”), are intended only for\nyour personal, non-commercial use. You shall not use the Services (other than certain\nCommercial Tools) to sell a product or service, increase traffic to your own website or a third-\nparty website for commercial reasons (such as advertising sales), or otherwise undertake any\nendeavor aimed at deriving revenue. For example, you shall not take the results from a\nsearch of the Services and reformat and display them, or mirror our home pages or results\npages on your website. Moreover, you shall not “meta-search” our Services. If you seek to\nmake commercial use of the Services other than through the Commercial Tools, you must\nenter into an agreement with us to do so in advance. To learn more about the Commercial\nTools, please contact us our Support Team. By using any of the Commercial Tools, you\nacknowledge and agree to the Terms and any additional terms and conditions applicable to\nthose select Services.\n2.4.3 Linking to the Services. If you would like to link to our Services on your website or\nApp, please follow these rules: (i) any link to the Services must be a text only link clearly\nmarked “MyFitnessPal” (without the use of any other trademark, logo copyright or any other\nintellectual property asset owned or controlled by MyFitnessPal) or in some other format\ndirected by us, (ii) the appearance, position and other aspects of the link may not damage or\ndilute the goodwill associated with our marks, (iii) the link must “point” to the root domain\nname of the Services and not to other pages within the Services, (iv) the appearance,\nposition and other attributes of the link may not create the false appearance that your\norganization or entity is sponsored by, affiliated with, or associated with MyFitnessPal, (v)\nwhen selected, the link must display the Service on full-screen and not within a “frame” on the\nlinking website or service, and (vi) we reserve the right to revoke its consent to the link at any\ntime and in its sole discretion, and upon our notification to you of such revocation of consent,\nyou agree to promptly remove the relevant link.\n2.5 Your License to Us\nWhen you post Content in connection with the Services, it belongs to you - however, you're giving\nus permission to use that Content in connection with our Services and make the Content available\nto others. We can edit or remove your Content from our Services at any time for any reason. Don't\npost any Content that is not yours or that you do not have permission to post.\nWhen you provide User-Generated Content to MyFitnessPal through the Services, you grant us\nand our users a non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable,\nworldwide right and license to use, host, store, cache, reproduce, publish, display (publicly or\notherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without\nlimitation, in order to conform to the requirements of any networks, devices, services, or media\nthrough which the Services are available), commercialize, create derivative works of, and\notherwise exploit such User-Generated Content in connection with any and all Services. You\nacknowledge and agree that: (a) we have the right to arrange the posting of User-Generated\nContent in any way we desire; (b) we have no obligation to provide you with any credit when using\nyour User-Generated Content, but if we choose to provide you with credit, the size and placement\nof the credit is at our sole discretion; and (c) you are not entitled to any compensation or other\npayment from us in connection with the use of your User-Generated Content.\nThe rights you grant in this license are for the limited purposes of allowing MyFitnessPal to operate\nand allow other users to use the Services in accordance with their functionality, improve the\n\nServices, and develop new Services. Notwithstanding the above, we will not make use of any of\nyour User-Generated Content in a manner that is inconsistent with our Privacy Policy.\nWe reserve the right to monitor, remove or modify User-Generated Content for any reason and at\nany time, including User-Generated Content we believe violates these Terms, the Community\nGuidelines, and/or our policies.\nYou agree you will respect the intellectual property rights of others. You represent and warrant you\nhave all the necessary rights to grant MyFitnessPal the foregoing license for all User-Generated\nContent you submit in connection with the Services and will indemnify us for any breach of this\nrepresentation and warranty.\n2.6 Spreading the Word\nIf you share someone else's Personal Data with us, you must first get their permission.\nWe hope you enjoy using our Services and encourage you to share your enthusiasm for them with\nyour friends. If you elect to use the features in our Services to tell a friend about the Services, we\nwill ask you to provide your friend’s email address or social media profile, which we may then use\nto contact your friend about the Services. We may store the information you provide for a period of\ntime, but we will not post this information publicly. You represent and warrant that you are\nauthorized to provide any third-party contact information that you provide to us for referrals and will\nindemnify us for any breach of this representation and warranty.\n2.7 Content Retention\nPlease keep in mind that when you make something publicly available on the Internet, it becomes\npractically impossible to take down all copies of it in the future.\nFollowing termination of your account, or if you remove any User-Generated Content from the\nServices, we may retain your User-Generated Content for a commercially reasonable period of\ntime for backup, archival, or audit purposes, or as otherwise required or permitted by law. Further,\nMyFitnessPal and its users may retain and continue to use, store, display, reproduce, share,\nmodify, create derivative works, perform, and distribute any of your User-Generated Content that\notherwise has been stored or shared through the Services. The license to your User-Generated\nContent therefore continues even if you stop using the Services. When you post something\npublicly, others may choose to comment on it, making your Content part of a social conversation.\nFor more information, please review our Privacy Policy.\n3. Community Guidelines\n3.1 Interactive Areas\nOur Services often contain community features. When you post content through these features that\ncontent may become public. We may, but do not always, monitor our community features, and\nultimately you are responsible for your interactions with other users. Please use good judgment\nand play fair.\nSome of our Services may include reviews, discussion forums, conversation pages, blogs or other\ninteractive areas or social features that allow you and other users to post User-Generated Content\nand interact with one another (“Interactive Areas”). You are solely responsible for your use of the\nInteractive Areas and for any User-Generated Content you post, including the transmission,\naccuracy and completeness of the User-Generated Content. As the Interactive Areas are often\npublic, you understand your User-Generated Content may be made and remain public. You should,\naccordingly, never post any Personal Data in an Interactive Area.\n\nWe are entitled, but have no obligation, to monitor our community features. You are solely\nresponsible for your interactions with other users, whether online or in person, including but not\nlimited to comments, challenges, and friendly competition. We assume no responsibility or liability\nfor any loss or damage resulting from any interaction with other users who employ the Services,\nindividuals you meet through the Services, or individuals who find you because of Content posted\non, by or through the Services. MyFitnessPal is under no obligation to become involved in and\ndisclaims all liability related to any disputes between its users and you release MyFitnessPal from\nall responsibility and liability arising out of or in connection with such dispute.\n3.2 Community Guidelines\nOur Services are intended to be a safe and supportive environment to help you reach your fitness\nand wellness goals. You cannot use our services to post inappropriate material, harass people,\nsend spam, violate intellectual property rights, or act inappropriately. Be reasonable and act\nresponsibly.\nOur Services are intended to create a safe and supportive community for all users. To maintain a\nsafe and positive environment, we require everyone to agree to and follow certain rules\n(the “Community Guidelines”) when posting User-Generated Content and using the Services.\nOur Community Guidelines are based in many instances on principles of applicable law. Violations\nof our Community Guidelines may expose you to criminal charges and civil liability. By using the\nServices you agree that your User-Generated Content and use of the Services, including without\nlimitation the Interactive Areas, will not violate the Community Guidelines. If you violate the\nCommunity Guidelines, we reserve the right to terminate your access to the Services.\nNo Inappropriate Content. Don’t post Content that is stalking, threatening, hurtful,\nharassing, abusive, or embarrassing to other members of the community. No derogatory\nreferences to sex, gender, age, weight, body type, disability, ethnicity, religion, or sexual\norientation, or endorsement of violence against any person or group, even if couched in\nhumor, will be permitted. This includes expressing stereotypes about any group or\ncommunity. Don’t post Content that is defamatory, obscene, pornographic, offensive, hateful,\ninflammatory, or that promotes sexually explicit material. You can respectfully disagree with a\nmessage, post or topic, but please do not attack other users by mocking or insulting them. If\nyou are attacked by another user, and you reciprocate, you may also be subject to the same\nconsequences.\nNo Hijacking, Trolling, or Flame-baiting. If you are participating in our forums, please stay\non-topic in an existing thread, and post new threads in the appropriate forum. Taking a thread\noff-topic is considered hijacking. This includes posts that provoke or are intended to incite\nuproar.\nNo Promotion of Unsafe Weight-Loss Techniques or Eating Disorders. Use of the\nServices to promote, glamorize, or achieve dangerously low levels of eating is not permitted.\nAccordingly, please do not contribute the following types of Content, which may be removed\nwithout warning:\nContent intended to promote potentially unsafe or controversial weight loss products or\nprocedures, including non-medically prescribed supplements.\nProfiles, groups, messages, posts, or wall comments that encourage anorexia, bulimia,\nor very low calorie diets. This includes positive references to ana/mia, purging, or self-\nstarving.\nPhotos intended to glamorize extreme thinness.\nNo Harm to Minors. Don’t use the Services in a way that harms minors (or anyone, really).\n\nNo Disruptions, Exploits, or Resource Abuse. Do not interfere with or damage operation\nof the Services, including through unauthorized use, disruption, automated attacks,\nexploitation, or abuse of our resources\nNo Sending Spam and Junk Mail. Don’t spam people via posts, replies, or messages.\nNo Illegal Content. Don’t advocate, promote, or assist any fraudulent or illegal act (e.g.,\nviolence, impersonation and computer misuse).\nNo Soliciting Personal Data. Please don’t post or solicit Personal Data regarding or from\nany third party, including photographs, telephone numbers, street addresses, last names,\nemail addresses and passwords in the Interactive Areas.\nNo Public Posting of Private Conversations. Don’t publicly post an email or private\nmessage from any other user, moderator or administrator.\nNo Breach of Legal Duty. Don’t post Content in breach of any contractual or other legal duty\nowed to a third party.\nNo Deceptive or Fraudulent Links. Don’t post deceptive or fraudulent links. This includes\nlinks with misleading descriptions, putting the wrong “source” field in a post, setting\nmisleading click-through links on images, or embedding links to interstitial or pop-up ads.\nNo Intellectual Property Infringement. Respect the intellectual property of others. If you\naren’t allowed to use someone else’s proprietary work or likeness (either by license or by\nlegal exceptions and limitations such as fair use), please don’t post it. In particular, if you\nhave any reason to believe User-Generated Content you see on our Services is infringing\nyour intellectual property or the intellectual property of others, please see the Intellectual\nProperty/DMCA section of our Terms.\nNo Impersonating MyFitnessPal or Others. Don’t post Content that is likely to deceive any\nperson or be used to impersonate any person, or to misrepresent your identity or affiliation\nwith any person, including with MyFitnessPal. Creating an account for the purposes of\ndeceiving other users or to work around a suspension is not permitted and will be grounds for\na permanent ban from the Services.\nNo Automated Querying. Do not send automated queries of any sort to the systems and\nnetworks we use to provide the Services without our express written permission.\nOther. Don’t post any Content that contains anything that, we in our sole determination, may\ndetermine is objectionable or inhibits any other person from using or enjoying the Services, or\nthat may expose MyFitnessPal or our users to any harm or liability of any kind. Don’t post\ncontent that may damage or dilute the goodwill associated with MyFitnessPal or our, logos\nand marks.\nIf we determine you are violating the Community Guidelines or otherwise have breached the\nTerms, we may take actions to address the issue, including, but not limited to, terminating your\nright to use the Services, removing your User-Generated Content, taking legal action against you\n(in which case you agree that we may recover reasonable costs and attorneys’ fees) or disclosing\ninformation to law enforcement authorities. We reserve the right to enforce, or not enforce, these\nCommunity Guidelines in our sole discretion, and they don’t create a duty or contractual obligation\nfor us to act in any particular manner.\n3.3 Reporting Objectionable User-Generated Content\nPeople do post inappropriate content on user-generated content sites. We do our best to keep the\ncommunity safe and secure (users respecting the Community Guidelines helps), but you still might\nrun into bad content before we have a chance to take it down. If you spot anything objectionable,\nplease let us know.\n\nWhile we require all of our users to comply with the Community Guidelines and reserve the right to\nmonitor for violations, we ultimately cannot guarantee all users will comply with the Community\nGuidelines or these Terms at all times. If you believe any Content submitted to our Services\nviolates the Community Guidelines, or if you know or suspect someone is misusing your User-\nGenerated Content, please report it to the Support Team. We have the right, but not the obligation,\nto review and take action or remove any User-Generated Content you report. You understand and\nacknowledge that when you access or otherwise use the Services, you may be exposed to User-\nGenerated Content from a variety of sources, and we are not responsible for the accuracy,\nusefulness, safety, legality, appropriateness, or intellectual property rights of or relating to such\nUser-Generated Content.\nWe are not responsible or liable for any injury or harm to you resulting from objectionable User-\nGenerated Content or another user’s failure to comply with our Community Guidelines.\n4. Intellectual Property/ DMCA\nWe respect intellectual property laws. If anything is wrong, please send an email with all the details\nto legal@myfitnesspal.com.\nIf you believe User-Generated Content or MyFitnessPal Content infringes copyright or trademark\nunder U.S. or other national law, please notify us immediately using the contact information\nprovided herein. It is our policy to investigate any allegations of infringement brought to our\nattention. Please provide us with the following information in your notice of a suspected violation:\nIdentification of the material being infringed.\nIdentification of the material that is claimed to be infringing, including its location, with\nsufficient detail so that we are capable of finding it and verifying its existence.\nContact information for the notifying party (the “Notifying Party”), including name, address,\ntelephone number, and email address.\nA statement that the Notifying Party has a good faith belief that the material is not authorized\nby the owner, its agent or law.\nA statement made under penalty of perjury that the information provided in the notice is\naccurate and that the Notifying Party is authorized to make the complaint on behalf of the\nowner.\nA physical or electronic signature of a person authorized to act on behalf of the owner of the\nmaterial that has been allegedly infringed.\nYour notice must be signed (physically or electronically) and must be addressed as follows:\nMyFitnessPal, Inc.\n\n100 Congress Avenue, Suite 400\n\nAustin, TX 78701\n\nAttn: DMCA Requests\nYou acknowledge that if you fail to comply with all of the requirements of this section, your notice\nmay not be valid. Some information provided in a notice of infringement may be forwarded to the\nuser who posted the allegedly infringing content. In the U.S., under Section 512(f) of the DMCA,\nany person who knowingly materially misrepresents that material or activity is infringing may be\nsubject to liability. Please see www.copyright.gov for more information about how to prepare or\nrespond to a DMCA notice and/or www.uspto.gov/trademark for more information about trademark\nrights.\n\n5. Third Party Links and Services\nOur Services may link to, interact with or be available on third-party services or products such as\nsocial media and third-party devices. If you access such third-party services or products, be aware\nthat different terms and privacy policies apply to your usage of such services.\n5.1 Social Networking and Logins\nYou may enable or log in to the Services via various online third-party services, such as social\nmedia and social networking services like Facebook (“Social Networking Services”). To take\nadvantage of these features and capabilities, we may ask you to authenticate, register for, or log\ninto Social Networking Services on the websites of their respective providers. As part of this\nintegration, the Social Networking Services will provide us with access to certain information you\nhave provided to them, and we will use, store, and disclose such information in accordance with\nour Privacy Policy. Please remember the way Third Party Services (including Social Networking\nServices) use, store, and disclose your information is governed solely by the policies of those Third\nParty Services, and we have no liability or responsibility for the privacy practices or other actions of\nany third-party website or service that may be enabled within the Services. In addition, we are not\nresponsible for the accuracy, availability, or reliability of any information, content, goods, data,\nopinions, advice, or statements made available in connection with Social Networking Services. As\nsuch, we are not liable for any damage or loss caused or alleged to be caused by or in connection\nwith the use of or reliance on any such Social Networking Services.\n5.2 Third-Party Applications\nYou may be able to access certain third-party links, applications, content, services, promotions,\nspecial offers, or other events or activities (“Third-Party Applications”) via our Services. If you\nchoose to access these Third-Party Applications, you may be requested to log-in and sync your\naccounts with such applications. You are in no way obligated to use any Third-Party Applications,\nyour access and use of such applications is entirely at your own risk, and we have no associated\nliability. In addition, we are not responsible for the accuracy, availability, or reliability of any\ninformation, content, goods, data, opinions, advice, or statements made available by any Third-\nParty Applications. As such, we are not liable for any damage or loss caused or alleged to be\ncaused by or in connection with the use of or reliance on any such Third-Party Applications.\n5.3 Third Party Products\nOur Services may be accessed on third-party devices or other products (“Third Party Products”),\nand your ability to use certain features of the Services may require you to purchase Third-Party\nProducts (e.g., fitness trackers, smart scales, etc.). While we may recommend, promote, or market\nthe products of certain partners, we have no responsibility for your acquisition or use of any Third-\nParty Products, and we do not guarantee that Third-Party Products will function with the Services\nor will be error-free. We hereby disclaim liability for all Third-Party Products, including any Third-\nParty Products offered by our partners.\n6. Mobile Services\nWhile we strive to make the Services available on many platforms, we can't guarantee that the App\nis compatible with your device (though please let Customer Support know if you have a question or\nproblem; we want to help). If you use the App, your standard data and messaging rates will apply,\nand the rules of the app store from which you are downloading will also apply.\n6.1 Wireless Carrier and Device Considerations\n\nTo use or access our App, you will need a compatible device. We cannot guarantee the App will be\ncompatible with, or available on, your device. We do not charge for use of the App. Your phone\ncompany’s normal messaging, data, and other rates and fees, however, will still apply. You may be\nrequired pay fees to access certain special features and content included in our Premium\nSubscriptions (as described in Section 7).\n6.2 Mobile Application License\nWe hereby grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable,\nrevocable license to use the App downloaded directly from a legitimate marketplace, solely in\nobject code format and solely for your personal use for lawful purposes. With respect to any open\nsource or third-party code that may be incorporated in the App, such open source code is covered\nby the applicable open source or third-party license EULA, if any, authorizing use of such code.\n6.3 App Stores\nIf you download the App from a third-party app store (the “App Provider”), you acknowledge and\nagree that:\nThe Terms are an agreement between us, and not with the App Provider. As between\nMyFitnessPal and the App Provider, MyFitnessPal is solely responsible for its applications;\nThe App Provider has no obligation to provide any maintenance and support services with\nrespect to the App;\nIn the event of any failure of the App to conform to any applicable warranty, (i) you may notify\nthe App Provider and the App Provider may refund the purchase price for the App to you (if\napplicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have\nno other warranty obligation whatsoever with respect to the App, and (iii) any other claims,\nlosses, liabilities, damages, costs or expenses attributable to any failure to conform to any\nwarranty will be, as between MyFitnessPal and the App Provider, MyFitnessPal’s\nresponsibility;\nThe App Provider is not responsible for addressing any claims you have relating to the App or\nyour possession and use of the App;\nIf a third party claims the App infringes another party’s intellectual property rights, as between\nthe App Provider and MyFitnessPal, MyFitnessPal will be responsible for the investigation,\ndefense, settlement and discharge of any such claim to the extent required by these Terms;\nThe App Provider and its subsidiaries are third-party beneficiaries of these Terms as it relates\nto your license to the App. Upon your acceptance of these Terms, the App Provider will have\nthe right (and will be deemed to have accepted the right) to enforce these Terms as related to\nyour license of the App against you as a third-party beneficiary thereof; and\nYou must also comply with all applicable third-party terms of service when using the App.\n7. Paid Services\nIf you choose to subscribe to any of our enhanced, paid services like our Premium Subscriptions,\nthese are the payment and billing terms that apply. Paid services and billing may auto-renew\nunless you cancel. You may cancel at any time.\n7.1 Payment Terms\nWe offer certain premium versions of the Services (e.g., Premium Subscriptions) (the “Premium\nServices”) for a fee. By signing up for and using the Premium Services, you agree to our Terms,\n\nand any additional terms and conditions provided here. You also agree to waive your 14-day right\nof withdrawal at the moment you subscribe to the Premium Services to the maximum extent\npermitted by applicable law, so that you are able to immediately access them.\nThe Premium Services provide you access to certain enhanced content, features and functionality\n(e.g., setting macros by grams, an ad-free experience and per day ). By signing up for and using\nthe Premium Services, including signing up for Free Trials of the Premium Services, you agree to\npay any fees or other incurred charges that apply to the Premium Services (such as ongoing\nsubscription fees).\nWhen you sign up for the Premium Services, you must designate and provide information about\nyour preferred payment method (“Payment Method”). This information must be complete and\naccurate, and you are responsible for keeping it up to date. You expressly authorize us to collect\nvia automatic debit or ACH from your Payment Method the appropriate fees charged for the\nPremium Services and for any other purchases you elect to make via the Services.\nYou can choose to pay for the Premium Services on a monthly or annual basis. Unless otherwise\nstated, all fees due for the Premium Services are payable in advance, and will be billed\nautomatically to the Payment Method at the start of the monthly or annual Premium Service period,\nas applicable. Unless otherwise stated, Premium Services will auto-renew until you elect to cancel\nyour access to Premium Services. All purchases of Premium Services are final and non-\nrefundable, except at our sole discretion and in accordance with the rules governing each Premium\nService.\n7.2 Termination or Cancellation of Premium Services\nIf you do not pay the fees or charges due for your use of the Premium Services, we may make\nreasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or\nterminate your access to the Premium Services (and may do so without notice).\nYou can cancel the Premium Services at any time. More information on how to cancel can be\nfound here. Once you have cancelled your Premium Service and received confirmation, no other\nchanges can be made to your account. The cancellation of a Premium Service will go into effect at\nthe end of your current billing cycle, and you will have the same level of access to the Premium\nService through the remainder of such billing cycle. For example, if you are billed on a monthly\nbasis and cancel during a given month, you will be charged for the entirety of that month and\nmaintain access to the Premium Service through the end of that month.\nThere are no refunds for termination or cancellation of your Premium Service. If you no longer wish\nto subscribe to a Premium Service, it is your responsibility to cancel your Premium Service in due\ntime, regardless of whether or not you actively use the Premium Service.\n7.3 Fee Changes\nTo the maximum extent permitted by applicable laws, we may change our prices for Premium\nServices at any time. We will give you reasonable notice of any such pricing changes by posting\nthe new prices on or through the applicable Premium Service and/or by sending you an email\nnotification. If you do not wish to pay the new prices, you can cancel the applicable Premium\nService prior to the change going into effect.\n7.4 Discount, Coupon or Gift Codes\nIf you have received a discount, coupon or gift code to a Premium Service, the following terms and\nconditions apply in addition to the terms and conditions of the specific code. To redeem a discount\nor coupon code, log in to MyFitnessPal and enter the applicable code to take advantage of the\nrelevant promotion. All discounts, gift and coupon codes can only be applied when subscribing to\nPremium Services, and to accounts not already subscribed to Premium Services. Discount, coupon\n\nand gift codes cannot be combined with any other sales, promotion or coupon, and cannot be\nexchanged, refunded, replaced or redeemed for cash or payment of accounts. A payment method\nmay be required to redeem a discount or coupon code. It is your own responsibility to use a\ndiscount, coupon or gift code before it expires, and expired codes cannot be refunded or extended.\nIt is also your responsibility to terminate the Premium Service before the end of a free or\ndiscounted period if you do not want to continue with a Premium Service at the regular price. The\nterms and conditions of a specific discount, coupon or gift code may include additional restrictions\non its use, including but not limited to the type of plan, duration of free or discounted Premium\nService, coupon validity dates, and/or purchase quantities. MyFitnessPal reserves the right to\ncancel discounts and coupon promotions at any time.\n7.5 Free Trials\nWe sometimes offer free trials of our Premium Services or other promotional offers (each a “Free\nTrial”). A Free Trial provides you access to the Premium Services for a period of time, with details\nspecified when you sign up for the offer.\nIn order to sign up for a Free Trial, you may need to provide us with your preferred Payment\nMethod. As soon as you submit your payment details, your Free Trial will begin. You will not be\ncharged until the Free Trial period ends.\nUnless you cancel before the end of the Free Trial, or unless otherwise stated, your access\nto the Premium Service will automatically continue and you will be billed the applicable fees\nfor that Premium Service using the Payment Method you provided. All incurred charges are\nfinal and non-refundable, except at our sole discretion and in accordance with the rules governing\neach Premium Service. We may send you a reminder when your Free Trial is about to end, but we\ndo not guarantee any such notifications. It is ultimately your responsibility to know when the Free\nTrial will end if you decide you do not want to become a paying Premium Services user after the\nFree Trial period.\nIf you decide you do not want to become a paying Premium Services user, you must cancel your\nsubscription before the end of the Free Trial period. Depending on the applicable Premium Service,\nyou may lose access as soon as you cancel or at the end of the Free Trial period. Once you have\ncancelled your Free Trial and received confirmation, you cannot resume the Free Trial period even\nif it was not used for the entire duration of the offer.\nPremium Service features and content may change at any time, and we cannot guarantee any\nspecific feature or content will be available for the entire Free Trial period. The rates in effect when\nyou sign up for the Free Trial will be the same when the Free Trial ends, unless we notify you\notherwise. We reserve the right, in our absolute discretion, to modify or terminate any Free Trial\noffer, your access to the Premium Services during the Free Trial, or any of these terms without\nnotice and with no liability. You may not sign up for more than one Free Trial of a given Premium\nService at the same time, and we reserve the right to limit your ability to take advantage of multiple\nFree Trials.\n8. Fitness and Wellness Activities and Dietary Guidance\nIt's important to us that users stay healthy while achieving their fitness and wellness goals. Please\nbe responsible and use your best judgment and common sense. We provide our Services for\ninformation purposes only, and can't be held liable if you suffer an injury or experience a health\ncondition. In particular, while most of the content posted by the other users in our community is\nhelpful, it is coming from strangers on the Internet and should never trump good judgment or actual\nmedical advice.\n8.1 Safety First\n\nMyFitnessPal cares about your safety. You should consult with your healthcare provider(s) and\nconsider the associated risks before using our Services in connection with any fitness or wellness\nregimen-oriented Content or any dietary program-oriented Content (“Programs”). By using our\nServices, you agree, represent and warrant that you have received consent from your physician to\nparticipate in the Programs, or any of the related activities made available to you in connection with\nthe Services. Further, you agree, represent and warrant that you have consulted with your\nphysician before making any dietary changes based upon information available through the\nServices. Everyone’s condition and abilities are different, and participating in the Programs and\nother activities promoted by our Services is at your own risk. If you choose to participate in the\nPrograms and these activities, you do so of your own free will and accord, knowingly and\nvoluntarily assuming all risks associated with such activities. The Programs and other activities\npromoted by the Services may pose risks even to those who are currently in good health.\nYou expressly agree that your athletic activities, which may generate the User-Generated Content\nyou post or seek to post on or via the Services (e.g., workouts exercises, etc.) carry certain\ninherent and significant risks of property damage, bodily injury, or death and that you voluntarily\nassume all known and unknown risks associated with these activities.\nExcept as otherwise set out in these Terms, and to the maximum extent permitted by applicable\nlaw, we are not responsible or liable, either directly or indirectly, for any injury, illness, or damages\nsustained from your use of, or inability to use, any Services or features of the Services, including\nany Content or activities you access or learn about through our Services even if caused in whole or\npart by the action, inaction or negligence of MyFitnessPal or others.\n8.2 Disclaimer Regarding Accuracy and Reliance on Content\nWe make no representations or warranties as to the accuracy, reliability, completeness or\ntimeliness of any Content available through the Services, and we make no commitment to update\nsuch Content.\nIn addition, User-Generated Content, including advice, statements, or other information, including,\nwithout limitation, food, nutrition, dietary guidance, exercise or training guidance, athletic activities,\nand exercise database entries, are not produced by MyFitnessPal, and should not be relied on\nwithout independent verification. User-Generated Content, whether publicly posted or privately\ntransmitted, is the sole responsibility of the user from whom such User-Generated Content\noriginated. All information is provided “as is” without any representation, warranty or condition as to\nits accuracy or reliability.\nIn particular, MyFitnessPal’s food database (“Food Database”) contains a combination of\nnutritional information entered by MyFitnessPal and MyFitnessPal members. Any user of the\nServices can contribute to or edit nutritional information in the Food Database. Please be advised\nthat nutritional information in the Food Database has not been reviewed by persons with the\nexpertise required to provide you with complete, accurate, or reliable information. MyFitnessPal\ndoes not (i) guarantee the accuracy, completeness, or usefulness of any nutritional information or\ningredients in the Food Database; or (ii) adopt, endorse or accept responsibility for the accuracy or\nreliability of any such nutritional information. To the extent permitted by applicable law, under no\ncircumstances will MyFitnessPal be responsible for any loss or damage resulting from your\nreliance on nutritional information. You are solely responsible for ensuring any nutritional\ninformation in the Food Database is accurate, complete and useful.\nNot all users who may identify themselves as professional trainers or licensed dieticians are\nlicensed in all applicable jurisdictions. MyFitnessPal has no and assumes no obligation to verify\nthat users who identify themselves as licensed trainers or dieticians are actually licensed. If you\nhold yourself out as a licensed trainer or dietician, you represent and warrant that you are actually\nlicensed for the services you provide in the jurisdiction in which you offer your services. Users\nshould also bear in mind that even if a user is a licensed trainer in one jurisdiction that does not\nmean the trainer user is licensed in the jurisdiction from which other users access the trainer user’s\nadvice. Accordingly, relying on any advice provided by other users is at your own risk. To the extent\n\npermitted by applicable law, under no circumstances will MyFitnessPal be responsible or liable for\nany loss or damage resulting from your reliance on information or advice provided by any user of\nour Services.\n8.3 Not Medical Advice\nAny and all services provided by, in and/or through the Services (including but not limited to\nContent) are for informational purposes only. MyFitnessPal is not a medical professional, and\nMyFitnessPal does not provide medical services or render medical advice. Nothing contained in\nthe Services should be construed as such advice or diagnosis. The information and reports\ngenerated by us should not be interpreted as a substitute for physician consultation, evaluation, or\ntreatment, and the information made available on or through the Services should not be relied upon\nwhen making medical decisions, or to diagnose or treat a health condition or illness. YOUR USE\nOF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN\nYOU AND MYFITNESSPAL.\nYou should seek the advice of a physician or a medical professional with any questions you may\nhave regarding your health before beginning any dietary programs or plans, exercise regimen or\nany other fitness or wellness activities or plans that may be referenced, discussed or offered under\nthe Services. If you are being treated for a health condition or illness, taking prescription\nmedication or following a therapeutic diet to treat a disease, you should consult with your physician\nbefore using the Services. You represent to us (which representation shall be deemed to be made\neach time you use the Services), that you are not using the Services or participating in any of the\nactivities offered by the Services for purpose of seeking medical attention. You further agree that,\nbefore using the Services, you will consult your physician, particularly if you are at risk for problems\nresulting from exercise or changes in your diet. If any information you receive or obtain from using\nthe Services is inconsistent with the medical advice from your physician, you should follow the\nadvice of your physician.\nThe Premium Services provide you access to certain specialized Content—namely coaching and\nguidance on fitness regimens and meal planning (“Plans”). The Plans are not a medical or any\nother type of health service. No diagnosis or treatment of, or advice regarding, any dietary or health\ncondition is delivered by the Plans. The Plans are not a substitute for, and are not an alternative to\nhealthcare diagnosis and treatment when a dietary or health condition or illness is present. You\nshould seek diagnosis, treatment and advice regarding dietary or health conditions or illnesses\nfrom physicians practicing medicine and other licensed healthcare professionals. Under no\ncircumstances will any of your interactions with our Plans be deemed or construed to create a\nphysician-patient relationship or a fiduciary duty of any kind whatsoever. YOU ARE SOLELY\nRESPONSIBLE FOR YOUR INTERACTIONS WITH THE PLANS.\n8.4 Success Stories Not Typical\nSuccess stories posted by users or MyFitnessPal on our Services may not represent typical or\neven accurate results obtained from any particular fitness activity or diet. To the extent permitted by\napplicable law, MyFitnessPal has no and assumes no obligation or liability associated with the\naccuracy, reliability or effectiveness of any fitness activity or dietary recommendation contained in\nany user success stories.\n8.5 Accuracy\nThe Services are intended to provide you with information to encourage you to support your\nwellness and fitness activities. Some of the Services are aimed at tracking your physical\nmovements and sleep activity (“Activity Tracking Services”). These Activity Tracking Services\nrely on sensors and/or GPS functionality that track your movement or body at rest. The data and\ninformation provided by the Activity Tracking Services are intended to be a representation of your\nactivity, but may not be completely accurate, including with respect to step, sleep, distance, or\n\ncalorie data. By using Activity Tracking Services, you acknowledge and agree that MyFitnessPal is\nnot responsible or liable for any inaccuracy in such data.\nIf you are a resident of New Jersey or the Netherlands:\nNotwithstanding anything herein to the contrary, nothing in these Terms limits or excludes our\nresponsibility for losses or damages caused by MyFitnessPal’s own fraud, recklessness, gross\nnegligence or willful misconduct.\n9. Modifications to the Terms\nAs the Services grow and improve, we might have to make changes to these Terms.\n9.1 Updates to these Terms\nWe reserve the right to modify these Terms by (i) posting revised Terms on and/or through the\nServices, and/or (ii) providing advance notice to you of material changes to the Terms, generally\nvia email where practicable, and otherwise through the Services (such as through a notification on\nthe home page of the MyFitnessPal website or in -app). Modifications will not apply retroactively\nunless required by law.\nWe may sometimes ask you to review and to explicitly agree to or reject a revised version of the\nTerms. In such cases, modifications will be effective at the time of your agreement to the modified\nversion of the Terms. If you do not agree at that time, you are not permitted to use the Services. In\ncases where we do not ask for your explicit agreement to a modified version of the Terms, the\nmodified version of the Terms will become effective as of the date specified in the Terms. Your\nchoice to maintain an account, access or use the Services (regardless of whether you create an\naccount with us) following that date constitutes your acceptance of the terms and conditions of the\nTerms as modified. If you do not agree to the modifications, you are not permitted to use, and\nshould discontinue your use of, the Services.\n10. No Warranties\nEXCEPT WHERE PROHIBITED BY LAW, MYFITNESSPAL EXPRESSLY DISCLAIMS ALL\nWARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR\nWRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT\nLIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A\nPARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT\nPERMISSIBLE UNDER THE LAW. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN\n“AS IS” AND “AS AVAILABLE” WITH ALL FAULTS BASIS. Without limiting the foregoing, you\nunderstand that, to the maximum extent permitted by applicable law, we make no warranty\nregarding the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of\nany of the Services or any Content. To the maximum extent permitted by applicable law, we do not\nwarrant that (i) the Services will meet your requirements or provide specific results, (ii) the\noperation of the Services will be uninterrupted, virus- or error-free or free from other harmful\nelements or (iii) errors will be corrected. Any oral or written advice provided by our agents or us\ndoes not and will not create any warranty. To the maximum extent permitted by applicable law, we\nalso make no representations or warranties of any kind with respect to any Content; User-\nGenerated Content, in particular, is provided by and is solely the responsibility of the users\nproviding that Content. No advice or information, whether oral or written, obtained from other users\nor through the Services, will create any warranty not expressly made herein. You therefore\nexpressly acknowledge and agree that use of the Services is at your sole risk and that the entire\nrisk as to satisfactory quality, performance, accuracy and effort is with you.\n11. Limitation of Liability\n\nWe are building the best Services we can for you but we can't promise they will be perfect. We're\nnot liable for various things that could go wrong as a result of your use of the Services.\nTo the maximum extent permitted by applicable law, under no circumstances (including, without\nlimitation, negligence) shall MyFitnessPal, its subsidiaries, partners or any wireless carriers be\nliable to you or any third party for (a) any indirect, incidental, special, reliance, exemplary, punitive,\nor consequential damages of any kind whatsoever; (b) loss of profits, revenue, data, use, goodwill,\nor other intangible losses; (c) damages relating to your access to, use of, or inability to access or\nuse the Services; (d) damages relating to any conduct or Content of any third party or user of the\nServices, including without limitation, defamatory, offensive or illegal conduct or content; and/or (e)\ndamages in any manner relating to any Third-Party Content or Third-party Products accessed or\nused via the Services. To the maximum extent permitted by applicable law, this limitation applies to\nall claims, whether based on warranty, contract, tort, or any other legal theory, whether or not\nMyFitnessPal has been informed of the possibility of such damage, and further where a remedy set\nforth herein is found to have failed its essential purpose. To the maximum extent permitted by\napplicable law, the total liability of MyFitnessPal, for any claim under these Terms, including for any\nimplied warranties, is limited to the greater of five hundred dollars (us $500.00) or the amount you\npaid us to use the applicable Service(s) in the past twelve months.\nIn particular, to the extent permitted by applicable law, we are not liable for any claims arising out of\n(a) your use of the Services, (b) the use, disclosure, display, or maintenance of a user’s Personal\nData, (c) any other interactions with us or any other users of the Services, even if we have been\nadvised of the possibility of such damages, or (d) other Content, information, services or goods\nreceived through or advertised on the Services or received through any links provided with the\nServices.\nTo the extent permitted by applicable law, you acknowledge and agree that we offer the Services\nand set the Services’ prices in reliance upon the warranty disclaimers, releases, and limitations of\nliability set forth in the Terms, that these warranty disclaimers, releases, and limitations of liability\nreflect a reasonable and fair allocation of risk between you and form an essential basis of the\nbargain between you and us. We would not be able to provide the Services to you on an\neconomically reasonable basis without these warranty disclaimers, releases, and limitations of\nliability.\nIf you are a resident of California: You waive your rights with respect to California Civil Code\nSection 1542, which says “a general release does not extend to claims which the creditor does not\nknow or suspect to exist in his favor at the time of executing the release, which, if known by him\nmust have materially affected his settlement with the debtor.”\nIf you are a resident of New Jersey: Notwithstanding anything herein to the contrary, nothing in\nthese Terms limits or excludes our responsibility for losses or damages caused by MyFitnessPal’s\nown fraud, recklessness, gross negligence or willful misconduct.\n12. Indemnification\nIf you are a resident of the United States or any location other than France or Germany: To\nthe maximum extent permitted by applicable law, you agree to indemnify and hold MyFitnessPal,\nits affiliates and partners harmless from any claim or demand, including reasonable accounting and\nattorneys’ fees, made by any third party due to or arising out of (a) the User-Generated Content\nyou access or share through the Services; (b) your use of the Services, (c) your activities in\nconnection with the Services, (d) your connection to the Services, (e) your violation of these Terms,\n(f) your use or misuse of any user’s Personal Data, (g) any violation of the rights of any other\nperson or entity by you, or (h) your employment of the Services to meet another user in person. We\nreserve the right, at your expense, to assume the exclusive defense and control of any matter for\nwhich you are required to indemnify us under the Terms, and you agree to cooperate with our\ndefense of these claims.\n\nIf you are a resident of France or Germany: Notwithstanding the previous paragraph, you agree\nto indemnify and hold MyFitnessPal, its affiliates and partners harmless from any claim or demand\nas result of your negligent or intentional behavior, including reasonable accounting and attorneys’\nfees, made by any third party due to or arising out of (a) the Content (including User-Generated\nContent) you access through the Services; (b) your violation of these Terms, (c) your use or misuse\nof any user’s Personal Data, (d) any violation of the rights of any other person or entity by you, or\n(e) your employment of the Services to meet another user in person. We reserve the right, at your\nexpense, to assume the exclusive defense and control of any matter for which you are required to\nindemnify us under the Terms, and you agree to cooperate with our defense of these claims.\nIf you are a resident of New Jersey: Notwithstanding anything herein to the contrary, nothing in\nthese Terms imposes an obligation for you to indemnify us from claims arising out of\nMyFitnessPal’s own fraud, recklessness, gross negligence or willful misconduct.\n13. Governing Law\nIf you are a resident of the United States or any non-European Union location: These Terms\nshall be governed by and construed in accordance with the laws of the New York and controlling\nU.S. federal law as applicable, without regard to its conflict of law principles.\nIf you are a resident of the European Union: These Terms shall be governed by and construed\nin accordance with the laws of the Netherlands, without regard to its conflict of law principles.\n14. Disputes and Arbitration, Class Action Waiver,\nJurisdiction and Venue\nIf you are a resident of the United States:\nArbitration Agreement\nYOU AND MYFITNESSPAL AGREE TO SUBMIT ANY AND ALL DISPUTES ARISING OUT OF\nOR RELATED TO YOUR USE OF THE SERVICE (A “DISPUTE”) TO BINDING ARBITRATION. To\nthe maximum extent permitted by applicable law, you and MyFitnessPal agrees that any disputes\narising out of or related to your use of the Services (a “Dispute”) will be resolved by binding\narbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall\ngovern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”).\nIn arbitration, Disputes are resolved by a neutral arbitrator instead of a judge or jury, discovery is\nmore limited than in court, and the arbitrator's decision is subject to limited review by courts. The\narbitrator can award on an individual basis the same damages and relief as a court, including\nmonetary damages, injunctive relief, and declaratory relief. Judgment on the arbitrator's award may\nbe entered in any court having jurisdiction thereof. Such dispute resolution proceedings will be\nconducted only on an individual basis and not in a class, consolidated or representative action.\nExcept where prohibited, you and we agree to submit to the personal and exclusive arbitration of\nDisputes relating to your general use of the Services under the Consumer Arbitration Rules of the\nAmerican Arbitration Association. Please visit www.adr.org for more information about arbitration.\nAny arbitration between you and us, to the extent necessary, will be conducted remotely as\nprovided below.\nThe arbitration will be conducted in English. A single independent and impartial arbitrator will be\nappointed pursuant to the rules of the American Arbitration Association. The arbitrator will decide\nall issues relating to the enforceability, interpretation, scope, and application of this Arbitration\nAgreement (including “gateway” issues of arbitrability, whether the Arbitration Agreement is\nunconscionable or illusory and any defense to arbitration), and these Terms, except that a court\nmay resolve any question regarding the validity or enforceability of the class action waiver set forth\n\nin this Arbitration Agreement. The term \"Dispute\" and the requirement to arbitrate will be broadly\ninterpreted.\nBoth you and we agree to comply with the following rules, which are intended to streamline the\ndispute resolution process and reduce the costs and burdens for everyone involved:\nthe arbitration will be conducted by telephone, online and/or be solely based on written\nsubmissions, the specific manner to be chosen by the party initiating the arbitration;\nthe arbitration will not require any personal appearance by the parties or witnesses unless\notherwise mutually agreed in writing by the parties; and\nany judgment on the award rendered by the arbitrator may be entered in any court of\ncompetent jurisdiction.\nBarring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days\nfrom the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional\n30 days in the interests of justice. All arbitration proceedings will be closed to the public and\nconfidential and all records relating thereto will be permanently sealed, except as necessary to\nobtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and\nwill include a statement describing the reasons for the disposition of any claim.\nYou also acknowledge and understand that, with respect to any dispute with us arising out of or\nrelating to your choice to maintain an account, access or use the Services:\nYou are giving up your right to have a trial by jury;\nYou are giving up your right to serve as a representative, as a private attorney general, or in\nany other representative capacity, or to participate as a member of a class of claimants, in\nany lawsuit involving any such dispute; and\nYou must file any claim within one (1) year after such claim arose or it is forever barred.\nPayment of all filing, administration and arbitrator fees will be governed by the American Arbitration\nAssociation’s rules. MyFitnessPal will reimburse you for those fees up to $5,000, unless the\narbitrator determines your claims are frivolous. Likewise, MyFitnessPal will not seek attorneys' fees\nand costs in arbitration unless the arbitrator determines your claims are frivolous.\nNOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION AGREEMENT,\nYOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU\nOPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS FROM THE EARLIER OF: (1)\nTHE DATE YOU ACCEPT THESE TERMS, OR (2) THE DATE YOU FIRST AGREED OR\nASSENTED TO AN AGREEMENT WITH MYFITNESS PAL THAT CONTAINED AN ARBITRATION\nPROVISION. The opt-out notice must be postmarked no later than the applicable deadline and\nemailed to: legal@myfitnesspal.com. The opt-out notice must state that you do not agree to this\nArbitration Agreement and must include your name, address, phone number and email address.\nThis procedure is the only way you can opt out of this Arbitration Agreement, and failure to comply\nstrictly with this procedure and the applicable deadline automatically will render the opt-out notice\nnull and void. If you opt out of the arbitration provision, all other parts of this Arbitration Agreement\nwill continue to apply.\nIf this arbitration provision is found to be null and void, then all disputes arising under the Terms\nbetween us will be subject to the jurisdiction of the state and federal courts located in New York,\nNew York, and you and we hereby submit to the personal jurisdiction and venue of these courts.\nYou and MyFitnessPal agree that if for any reason a Dispute proceeds in court rather than\narbitration: (1) you and MyFitnessPal waive any right to a jury trial; (2) the Dispute will proceed\nsolely on an individual, non-class, non-representative basis; and (3) neither you nor MyFitnessPal\nmay be a class representative or class member or otherwise participate in any class,\nrepresentative, consolidated, or private attorney general proceeding.\n\nThis agreement to arbitrate will not preclude you or MyFitnessPal from seeking provisional\nremedies in aid of arbitration, including without limitation orders to stay a court action, compel\narbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this\nagreement to arbitrate will not preclude you or MyFitnessPal from (i) applying to the appropriate\ncourt of competent jurisdiction for a temporary restraining order, preliminary injunction, or other\ninterim or conservatory relief, as necessary, or (ii) seeking relief in any state or federal court for\ndisputes related to a violation or possible violation of MyFitnessPal’s intellectual property rights.\nIf you are a resident of the European Union: Notwithstanding anything in these Terms to the\ncontrary, if there is a dispute that you and MyFitnessPal cannot resolve, you have the right to\nsubmit a complaint through http://ec.europa.eu/consumers/odr. Other than as set out in these\nTerms, we do not participate in any ADR scheme.\nIn addition, nothing in these Terms limits your rights to bring an action against MyFitnessPal\nin the local courts of your place of domicile. All disputes arising under the Terms between you\nand MyFitnessPal will be subject to the non-exclusive jurisdiction of the courts located in your\nplace of domicile, or the courts located in the Netherlands, and you and we hereby submit to\nthe personal jurisdiction and venue of these courts.\nIf you are a resident of Finland: Notwithstanding anything in these Terms to the contrary, if there\nis a dispute that you and MyFitnessPal cannot resolve, you have the right to submit a complaint to\nthe local Consumer Disputes Board or other corresponding body.\nIf you are a resident of Denmark: Notwithstanding anything in these Terms to the contrary, if\nthere is a dispute that you and MyFitnessPal cannot resolve, you have the right to submit a\ncomplaint to the Danish Competition and Consumer Authority (Konkurrence- og\nForbrugerstyrelsen, Center for Klageløsning, Carl Jacobsens Vej 35, 2500 Valby,\nmail: cfk@kfst.dk).\nIf you are a resident of South Korea: Notwithstanding anything in these Terms to the contrary,\nnothing in these Terms limits your rights to bring an action against MyFitnessPal in the local courts\nof your place of domicile.\n15. International Terms\nIf you are not a United States resident and you are accessing our Services from outside the United\nStates, you agree to transfer certain information outside your location to us, and that you will follow\nall the laws that apply to you.\nWe provide our Services for a global community of users. Our servers and operations are,\nhowever, located primarily in the United States, and our policies and procedures are based\nprimarily on United States law. Because of this, the following provisions apply specifically to users\nlocated outside of the United States: (i) you consent to the transfer, storage, and processing of your\ninformation, including but not limited to User-Generated Content and any Personal Data, to and in\nthe United States and/or other countries; (ii) if you are using the Services from a location\nembargoed by the United States, or are on the United States Treasury Department’s list of\n“Specially Designated Nationals,” you are not authorized to access or make use of the Services;\nand (iii) you agree to comply with all local laws, rules, and regulations including, without limitation,\nall laws, rules, and regulations in effect in the location in which you reside and the location from\nwhich you access the Services. The Services are not intended for distribution to, or use by, any\nperson or entity in any jurisdiction or location where such distribution or use would be contrary to\nlaw or regulation, or which that would subject MyFitnessPal or its affiliates to any registration\nrequirement within such jurisdiction or location.\nThe names used for countries or regions in these Terms, the Privacy Policy and any associated\nfeatures or documentation are based on the United Nations Terminology Database.\n\nIf you are a resident of the European Union, Hong Kong (SAR of China), Russia, New\nZealand or South Korea: Notwithstanding anything in these Terms to the contrary, please note\nthat certain jurisdictions may not allow the waiver or limitation of certain warranties, liabilities or\ndamages under mandatory law, so some of the exclusions and limitations in these Terms may not\napply to you. Nothing in these Terms limits or excludes our responsibility for (1) fraudulent\nrepresentations made by us, (2) death or personal injury caused by our negligence or willful\nmisconduct, or (3) non-execution of any material contractual obligation.\nIf you are a resident of New Zealand: Notwithstanding anything in these Terms to the contrary,\nnothing in these Terms limits or excludes our liability or your rights if you are a consumer for the\npurposes of the Consumer Guarantees Act 1993, or the Fair Trading Act 1986.\nIf you are a resident of Germany, France, Austria or Finland: Notwithstanding anything in these\nTerms to the contrary, the qualifier “to the maximum extent permitted by law” and other qualifiers of\nsimilar effect shall be deemed to be deleted from the Terms everywhere it appears and shall have\nno force and effect.\nIf you are a resident of Japan: Notwithstanding anything in these Terms to the contrary, nothing\nin these Terms limits or excludes our liability or your rights if you are a consumer for the purposes\nof the Consumer Contract Act.\nIf you are a resident of South Korea: Notwithstanding anything in these Terms to the contrary,\nany modification to these Terms will be announced on the website prior to the effective date\nthereof; provided if you do not express intent to refuse such modification or change after a\nreasonable period of time following such announcement, it is deemed that you have consented to\nsuch modification or change.\n16. Survival\nIf our relationship or these Terms terminate, it will not limit any of our other rights or remedies, and\nany provision of these Terms that must survive in order to give proper effect to the intent and\npurpose of these Terms will survive termination, including without limitation Sections 2 (Ownership\nand Use of Content), 8 (Fitness and Wellness Activities and Dietary Guidance), 10 (No\nWarranties), 11 (Limitations of Liability), 12 (Indemnification), 14 (Disputes and Arbitration,\nJurisdiction and Venue), and 16 (Survival).\n17. Miscellaneous\nYou agree that no joint venture, partnership, employment, or agency relationship exists between\nyou and us as a result of the Terms or your use of the Services. The Terms constitute the entire\nagreement between you and us with respect to your use of the Services.\nOur failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of\nsuch right or provision. If any provision of the Terms is found by a court of competent jurisdiction to\nbe invalid, the parties nevertheless agree that the court should endeavor to give effect to the\nparties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full\nforce and effect.\nYou may not assign, delegate, or otherwise transfer your account or your obligations under these\nTerms without our prior written consent. We have the right, in our sole discretion, to transfer or\nassign all or any part of our rights under these Terms and will have the right to delegate or use\nthird-party contractors to fulfill our duties and obligations under these Terms and in connection with\nthe Services.\nOur notice to you via email, regular mail, or notices or links displayed in connection with the\nServices constitutes acceptable notice to you under the Terms. We are not responsible for your\nfailure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam”\n\nfolder) or if you fail to update your email address. Notice will be considered received forty-eight\nhours after it is sent if transmitted via email or regular mail. In the event that notice is provided via\nlinks displayed in connection with the Services, then it will be considered received twenty-four\nhours after it is first displayed.\n18. Contact Us\nIf you have any feedback, questions or comments about the Services, please contact our Support\nTeam as detailed here by email or by mail at: MyFitnessPal, Inc., 100 Congress Avenue, Suite 400,\nAustin, TX 78701, and include the subject as “Attn: –MyFitnessPal Terms and Conditions of Use”.\nPlease be sure to include in any email or postal mail your full name, email address, postal address,\nand any message.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":-1,"explanation":"The ToS contains a clause setting the time limit for bringing the action to court, without such ability after this period."},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":0,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit, but only for the US citizens and businesses."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":0,"explanation":"The ToS forbids the user, who is a citizen of the US, to be in a group of people collectively filing a lawsuit as one party in civil proceedings."},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":0,"explanation":"ToS contains an IP license to the content put in the service by the user that does not state explicitly that it’s needed to perform the service, but the purposes are listed and explained; or when there is a doubt as to these purposes are necessary"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"General interpretation clause","legal_ground":"Article 5 Directive 93/13","code":"interpret","score":0,"explanation":"The ToS contains clauses stating that contract must be interpreted in in favor of both parties' intent"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]}