1. These General Terms and Conditions (the “Terms”) govern the entire relationship between "", e-mail: firstname.lastname@example.org. (hereinafter referred to as the Company), acting as an individual diet plan provider and you as a user of the service offered on the Company’s website https://mycarnivore.diet. (hereinafter referred to as the Client)
2.1. The Client is obliged to carefully read this agreement before accepting it and using the Services of the Company. The Client agrees that his/her use of the Services acknowledges that the Client has read this Agreement, understood it, and agreed to be bound by it.
2.2. This Agreement contains a mandatory arbitration provision that as further set forth in section XVIII - Dispute resolution requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind.
3. The service offered on the Company’s website is generating an individual diet. The latter is produced by special software through a specially created algorithm as per the Client’s responses that are analyzed and a food and /or training mode is generated.
4. The cost is fully described and fixed in the Offer, as the same is payable prior to granting the individual diet in the way stated in this Agreement.
5. The Service may also mean the accessibility to the Website https://mycarnivore.diet, including information, text, images offered or provided on the Website.
6. Part of the definitions is defined in the introductory part of this Agreement. Unless these Terms provide otherwise, wherever used in these Terms, including the introductory part, the following terms when capitalized shall have the following meanings:
6.1. The agreement shall mean these Terms for providing individual diet concluded online by the Company and the Client on the Company’s website.
6.2. The client shall mean the user of the Company’s Services as explained in this Agreement.
6.3. The offer shall mean the offer to enter in this Agreement of Services provided by Company to the Client.
6.4. Digital content shall mean individual diet sold online by the Company on the Company’s website.
6.5. Distance contract shall mean a contract concluded between the Company and the Client within the framework of system organized for the distance sale of Digital content.
6.6. The Company’s website is https://mycarnivore.diet
7. The Company provides the Client with a possibility of receiving an Offer via the Website.
7.1. The Procedure includes giving needed responses from the Client by choosing his/her sex, what is his/hers preferred number of meals per day, products which he/she prefers to be put in the individual diet, his/her physical activity level, his/her goal to lose weight/gain weight/maintain weight’.
7.2. Along with the described in the previous article 6.1., the Client shall fill in information about his/her age, height, weight, desired weight and e-mail address. The Company shall reserve it’s right to request additional information in case it is needed for making Offer to the Client.
7.3. The Client shall receive Offer from the Company after the submission of the information according the previous article 6.1. and 6.2. of this Section. IV.
8. The Offer shall include information about the exact full cost of the individual diet and the payment options.
9. The Client shall accept the Offer by doing the following:
(a). agreeing with this Terms by marking the checkbox “I agree with the T&Cs".
(b). pressing the button "Pay with Stripe" or "Pay with Paypal".
10. The Distance contract will be concluded at the moment when the Client accepts the Offer and as indicated in Article 8. of Section IV.of this Agreement.
11. As the Client will accept the Offer electronically, the Company will immediately confirm receipt of acceptance of the offer electronically. Usually the Company will send the individual diet to the Client within 1 (one) hour. Such an individual diet will be provided to the Client's e-mail address provided on the website.
12. As Agreement between the Company and the Client consists of Digital content the Client agrees to lose his/her right of withdrawal of the Agreement by accepting the Offer.
13. The Company makes reasonable efforts to ensure that Services operate as intended, however, such Services are dependent upon the internet and other services and providers outside of the control of the Company. By using Company's Services, the Client acknowledges that the Company cannot guaranty that Services will be uninterrupted, error-free or that the information it contains will be entirely free from viruses, hackers, intrusions, unscheduled downtime or other failures. The Client expressly assumes the risk of using or downloading such Services.
14. From time to time and without prior notice to the Client, we may change, expand, and improve the Services. We may also, at any time, cease to continue operating part or all of the Services or selectively disable certain aspects of the Services. Any modification or elimination of the Services will be done in our sole and absolute discretion and without an ongoing obligation or liability to the Client, and the Client use of the Services does not entitle the Client to the continued provision or availability of the Services.
15. The Client furthermore agrees that:
15.1. he/she shall not access Services if he/she is under the age of 18;
15.2. The Client will deny access to Services to children under the age of 18. The Client accepts full responsibility for any unauthorized use of the Services by minors.
16. The prices and costs are in US Dollars.
16.1. During the period of validity indicated in the Offer, the price for the Services being offered will not increase, except for price changes in VAT-tariffs.
16.2. After receiving the payment from the Client, the Company shall provide the Services.
17. The Client agrees to:
17.1. pay all additional costs, fees, charges, applicable taxes and other charges that can be incurred by the Client;
17.2. purchase Services from the Website by using valid credit card or other allowed form of payment;
17.3. The Client shall provide current and complete information as detailed in the purchase order form. If Company discovers or believes that any information provided by Client is inaccurate or incomplete, the Company reserves the right to refuse to confirm Client's payment at their sole discretion, and Client forfeits any right to refund the paid amount.
18. After the Client is transferred to the third party payment services, the risk of loss or damages will pass on the Client and/or third party service.
19. The client may apply for a partial refund for a digital product within 7 days after accepting the Offer by email to Company at e-mail email@example.com if Client provides detailed information how the Services Company supplied to Client have not met the Services’ description on Website and attaches the receipt of Client’s payment to the email. The right to request the refund due to Services’ non-compliance with the Services’ description on the Website will expire if it is not presented by the Client to the Company within 7 days after accepting the Offer.
19.1 The Company follows a no refund policy for supplements unless the product is proven to be not as described or faulty. In such cases, the client must contact our customer support at email firstname.lastname@example.org within 7 days upon purchase and provide detailed information proving the Company’s product fault (with visual proof attached). Once a refund is issued, the Client no longer has the access to Company’s product. All refunds are applied to the original method of payment. By purchasing from the Company’s website, the client agrees to this refund policy and relinquishes any rights to subject it to any questions, judgment, or legal actions.
20.1. As between Company and Client, all intellectual property rights, including but not limited to the copyright, design rights, trademark rights, patent rights, and any other proprietary rights in or related to the Services and Services-related content are owned by the Company.
20.2. The Client must not reproduce, disassemble, reverse engineer, decompile, distribute, publicly display or perform, or publish or otherwise make available the Services including but not limited to Digital content, in whole or in part without Company’s prior written consent.
20.3. The Client hereby grants to the Company a perpetual, irrevocable, worldwide, fully paid-up and royalty‑free, non-exclusive license, including the right to sublicense (through multiple tiers) and assign to third parties, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit in any way now known or in the future discovered, his/her User Content (except for User Trademarks) as well as all modified and derivative works thereof. To the extent permitted by applicable laws, the Client hereby waives any moral rights he/she may have in any User Content. “User Content” means any User Trademarks, communications, images, writings, creative works, sounds, and all the material, data, and information, that the Client uploads, transmits or submits through the Services, or that other users upload or transmit. By uploading, transmitting or submitting any User Content, the Client affirms, represents and warrants that such User Content and its uploading, transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third‑party rights, and that the Client has permission from any third-party whose personal information or intellectual property is comprised or embodied in the User Content; and (c) free of viruses, adware, spyware, worms or other malicious code.
20.4. No part of this Agreement is or should be interpreted as a transfer of intellectual property rights in relation to the Services or Services-related content, except as expressly set forth in Article 20.1 below.
21.1. All intellectual property rights specified in Article 19.1 and relating to Digital content are owned by the Company. Digital content is licensed pursuant to this Section IX and is not sold. The Client will only be granted a limited, revocable, non-exclusive, non-transferable and non-sublicensable license, subject to the terms and conditions of this Agreement, to use (solely for the Client’s individual use) any Digital content provided by Company to the Client.
21.2. The term of this license shall be for a term of 5 years from the date of the Client receiving the applicable Digital content unless earlier suspended or terminated in accordance with this Agreement.
21.3. Unless expressly otherwise provided, the Client must not use any Digital content except for personal, non-commercial purposes.
21.4. The Client must not edit, reproduce, transmit or lend the Digital Content or make it available to any third parties or use it to perform any other acts which extend beyond the scope of the license provided in this Section IX by the Company.
21.5. The Company may impose restrictions on the scope of the license or the number of devices or types of devices on which Digital content can be used.
21.6. If the Client violates this Section IX, the Company may suspend access to the relevant Digital content, without limiting any of Company’s rights or remedies under this Agreement or applicable law, including Company’s right to recover from the Client the loss suffered as a result of or in connection with the infringement including any expenses incurred.
22. The Client is prohibited from selling, offering for sale, sharing, renting out or lending Digital content, or copies of Digital Content.
23. The Company performs its activities in accordance with the EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
24. The Company processes the Client’s personal data in accordance with the Privacy notice, forming an integral part of these Terms.
25. To use the Service you must be 18 years or of legal age in your country to which you are entitled to enter into independent contracts.
26. The Service cannot be used by people who have health or nutritional problems.
27. The Service cannot be used by people who have adverse health or people who have compliance with diets.
28. Before starting the individual diet provided by the Company, the Client’s health should be evaluated by his/her healthcare service provider or he/she should consult with healthcare service providers.
29. The Company clearly states that it is not a medical organization and cannot give the Client any medical advice or assistance. Nothing within Services by the Company is associated with, should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance physician consultation, evaluation, or treatment, or used, referred to instead of seeking appropriate medical advice or assistance from health care providers. The Client is solely responsible for evaluating and assessing his own health. The Company encourages the Client to seek appropriate medical advice or assistance before using the Company's Services.
30. The Service is intended for use only by healthy adults. The Website is not intended for use by minors, pregnant women, or individuals with any type of health or medical condition. Individuals with health or medical conditions are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regimen.
31. The Client will indemnify and hold the Company, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures, and suppliers, harmless from any claim or demand, including reasonable attorneys` fees, made by any third party due to or arising out of Client’s breach of this Agreement or use of the Services, or Client’s violation of any law or the rights of a third party in conjunction with Client’s breach of this Agreement or use of the Services.
32. Information may not be appropriate or satisfactory for the client use, and he/she should verify all information before relying on it. Any decisions made based on information contained in the website, including information received through the client`s use of the services, are his/her sole responsibility.
33. The client expressly understands and agrees that the company shall not be liable for any damages whatsoever (including, without limitation, direct, indirect, incidental, special, consequential, exemplary damages, or those resulting from lost profits, lost data or business interruption, loss of goodwill, loss of use, or other losses whether based on warranty, contract, tort or any other legal theory (even if the company has been advised of the possibility of such damages), arising out of: (i) the use or inability to use services, (ii) any link provided in connection with the services, (iii) the materials or information contained at any or all such linked websites, (iv) client`s reliance on any of the services; (v) the interruption, suspension, termination of the services or any portion thereof, (vi) the timeliness, deletion, misdelivery or failure to post or store any information, or (vii) any matter otherwise related to the client`s use of the services. In no event shall the company’s aggregate liability to the client relating to his/her use of the services exceed one hundred dollars ($100).
34. The Company is not responsible for non-fulfillment of this Agreement if this is due to circumstances that do not depend on Company – force majeure, chance events, and problems with the Internet.
35. The liability of the Company is limited to direct losses unless otherwise provided under the applicable laws.
36. The Company is not responsible for whether the Client will achieve a specific result by using the Services as far this circumstance depends on many factors that are beyond the control of the Company.
37. This Agreement is effective after the Client accepts and electronically expresses his/her consent to comply with them, and they shall remain in effect until terminated in accordance with the following section.
38. The Company may terminate the relationship with the Client at any time in the following cases:
(1) the Client does not agree with the Agreement;
(2) the Client commits any breach of the Agreement;
(3) the Client does not provide the information requested by the Company and/or provides incorrect and/or in comprehensive information. Notwithstanding the foregoing, statutory termination rights shall not be affected.
40.1. Governing Law. This Agreement is governed by the laws of Texas without regard to its principles of conflicts of law, and regardless of Client’s location.
40.2. Informal Dispute Resolution. The client agrees to participate in informal dispute resolution before filing a claim against the Company. Any complaints in relation to the Company and the Services provided to the Client should be addressed to the Company by contacting e-mail email@example.com The client should clearly indicate that a complaint is being submitted and specify the grounds and circumstances concerning the complaint. The Company will send a complaint acknowledgment to the e-mail address from which the complaint has been received. We will consider the complaint and respond to the Client within 7 calendar days of the day of receipt of a relevant complaint. If a dispute is not resolved within 30 calendar days of the day of receipt of a relevant complaint, Client or Company may bring a formal claim.
40.3. Arbitration. Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between Client and Company, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. Client and Company agree that Client and Company are each waiving the right to trial by a jury. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge.
40.4. The client agrees that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and the Client is agreeing to give up the ability to participate in a class action.
40.5. The client may opt-out of this agreement to arbitrate by emailing firstname.lastname@example.org. with Client’s first name, last name, and address within thirty (30) days of accepting this agreement to arbitrate, with a statement that Client declines this arbitration agreement.
40.6. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/consumer. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Client or Company that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have the authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude Client from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.
41.1. No person other than the Client shall have any rights under this Agreement.
41.2. The client may not assign any rights under this Agreement to any third party without the prior consent of the Company. The Company at its sole discretion may assign its rights and obligations under this Agreement in full or in part to any third party.
41.3. If any part of this Agreement is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Agreement, which shall continue to be valid and enforceable to the fullest extent permitted by law.
41.4. The use of the services is solely at the client`s own risk. The services are provided on an “as is” and “as available” basis. The company expressly disclaims all warranties of any kind with respect to the website and service, whether express or implied including warranties of merchantability, fitness for a particular purpose, non-infringement of intellectual property, or arising from a course of dealing, usage or trade practice. Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to the client. The company makes no warranty that the site or service will meet the client`s requirements, or will be uninterrupted, timely, secure, current, accurate, complete or error-free or that the results that may be obtained by use of the site or service will be accurate or reliable. The client understands and acknowledges that his/her sole and exclusive remedy with respect to any defect in or dissatisfaction with the site or service is to cease to use the services. The client may have other rights, which may vary from state to state.
41.5. By using the service or accessing the website or service, the client hereby acknowledges that he/she has read this agreement, understood it, and agrees to be bound by its terms and conditions.