The most popular Keto diet! Over 270 000 plans ordered
Stay on the diet for full 28 days and get a full refund!
The most popular Keto diet! Over 270 000 plans ordered
We are certain that our diet works, so we will reward you for losing weight. This way, you can continue your weight loss journey with us for free.
Weight loss and healthy habits don’t happen overnight.
Keto Cycle helps you get there in 4 steps.
Now, your honest answers help us determine your preferences and create a personalized Keto meal plan that:
With Keto Cycle, you'll have breakfast, lunch, and dinner planned, so you'll never eat the same meal twice. Unless you want to!
Keto Cycle is the only app you need to seamlessly integrate Keto into your life, from intelligent tracking to meal planning.
We have united thousands of Keto-enthusiasts, professionals, and wellness experts in one community to inspire Keto transformations around the globe.
Keto is one of the best decisions of my life. My husband would always tell me I was fine and didn't need to lose weight. Now he looks at me and says he was selfish because I look amazing.
The recipes are tasty. The fact you can swap a recipe is amazing. The list of ideas for the swap is over 20 recipes long. The recipes are easy to follow and measurements are easy to understand. First I had a glitch getting to my plan, but they fixed it asap.
Keto Cycle is the real deal – it feels like I have a personal nutritionist! This is the first time I've tried something like this and they created a diet plan specifically for my needs. I'm very, very glad I'm doing this!
Keto is probably not for everyone, but I have adapted well to it. If you’re about to try it, give at least a week or two to adapt. That’s when your blood sugar normalizes, food cravings and keto flu symptoms just stop. There is no need to force anything.
In this privacy policy we, Keto Diets UAB, company code 305493532, registration address Aludariu str. 3. Vilnius, Lithuania, office address at Aludariu str. 3. Vilnius, Lithuania ("Company", "we", "us" or "our"), explain how we handle your personal data when you visit our website, use our Mobile apps, contact us through our official social media pages or email, and/or use our services.
Please note that in case you purchase physical goods while using our services, Max Nutrition UAB, company code 305420438, with registered office at Herkaus Manto g. 4-133, Vilnius, Lithuania, office address at Antakalnio 17, Vilnius, Lithuania is responsible for data processing with regard to this particular service. In such cases "Company", "we", "us" or "our" shall refer to Max Nutrition UAB. In case you have any privacy related inquiries or requests associated to physical goods, you may contact us by email: [email protected].
In this notice you will find the answers to the following questions:
a. how we use your data;
b. when we provide your data to others;
c. how long we store your data;
d. what is our marketing policy;
e. what rights related to personal data you possess;
f. how we use cookies;
g. other issues that you should take into account.
In case of any inquiries or if you would like to exercise any of your rights provided in this notice, you may submit such inquiries and requests by means provided in Contacts section.
You may also contact Data Protection Officer of the Company regarding all privacy related issues by email: [email protected]
All the definitions used in this privacy policy have the same meaning as prescribed in Company's General Terms and Conditions unless expressly provided otherwise in this privacy policy. This privacy policy forms an integral part of Company's General Terms and Conditions.
In the event this privacy policy is translated into other languages and if there are differences between the English version and such translation, the English version shall prevail, unless otherwise provided.
1. How we use your personal data?
1.1. This Section provides the following information:
a. categories of personal data, that we process;
b. in case of the personal data that we did not obtain directly from you, the source and specific categories of that data;
c. the purposes for which we may process your personal data; and
d. the legal bases of the processing.
1.2. We process your account data ("account data"). The account data may include your name and email address, phone number and other data that you provide while registering as well as your purchase history. We obtain such data directly from you. We process account data for the purposes of operating our website, providing our services, ensuring the security of our website and services and communicating with you. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract as well as our legitimate interest, namely monitoring and improving our website and services.
1.3. We process information relating to provision of services by us to you ("service data"). The service data may include your contact details (such as your email address), bank account and transaction details as well as other information that you provide to us while filling up the relevant questionnaires (such may include sensitive personal data, related to your health, in case such data is necessary to provide the relevant service). The service data is processed to provide services as well as keep proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our website and business. In case of sensitive personal data, related to your health the legal basis for processing is your explicit consent.
1.4. We may process information that you provide to us for the purpose of subscribing to our email messages and newsletters ("messaging data"). The messaging data is processed to send you the relevant messages and newsletters. The legal basis for this processing is your consent. Also, if we have already sold goods or provided services for you via our website and/or apps, and you do not object, we may also process messaging data on the basis of our legitimate interest, namely seeking maintain and improve customer relations.
1.5. We may process information relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. The correspondence data is processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business, ensuring uniform and high quality consultation practice and for investigating disputes between you and our employees.
1.6. We may process information on your use of our website and/or apps as well as on your device ("device data") when you are browsing our website or use our apps. Device data may include IP address, geographical location, browser type and version, operating system, device type, screen resolution and (in case you agree to share such) your location data as well as information on the motion activity, use of our website and apps (i.e. referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use). We obtain such data through the use of cookies and similar technologies. Device data is processed to enhance the apps and the website as well as to set default options. We also use such data to have a better understanding of how you use our website and services as well as for securing both the website and the apps. The legal basis for this processing is our legitimate interest, namely the proper management of our website, apps and business.
1.7. We may process any of your personal data identified in this notice where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
1.8. We may process any of your personal data identified in this notice where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
1.9. In addition to the specific purposes for which we may process your personal data set out in this Section, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
1.10. Should the purpose or legal basis of data processing activities indicated in this paragraph change, we will inform you and, if the consent was the legal basis for data processing, will re-obtain your consent.
1.11. Sometimes we may aggregate, anonymize or de-identify your personal data in such a way so that it cannot reasonably be used to identify you. Such data is no longer personal. We may use such data without restriction in any way allowed by law, including, but not limited to share such data with our partners or research institutions, share in articles, blog posts and scientific publications, aggregate statistics about certain activities or symptoms from data collected to help identify patterns across users and evaluate or modify our services.
1.12. We are following the principle of data minimisation: personal data processed is adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed.
1.13. Personal data is stored either on the servers of the Company or of our contractors, who are bound by specific contractual clauses regarding the processing of personal data as well as by the confidentiality obligations.
1.14. We are using a number of technical and organisational means to protect your personal data. Organisational security measures include restricting access solely to authorised persons with a legitimate need to access personal data, singing confidentiality agreements, arranging trainings, creating and implementing relevant policies and procedures. Technical measures include appropriate actions to address online security, risk of data loss, alteration of data or unauthorised access, implementing access control and authentication tools, ensuring physical security etc.
2. When we provide your data to others?
2.1. We may disclose your personal data to any member of our group of companies (including our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this notice. Such may include internal administration purposes as well as provision/sharing of IT, payment or marketing services or data centres in the group.
2.2. We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
2.3. We may disclose your personal data to our anti-fraud, risks and compliance providers insofar as reasonably necessary for the purposes of protecting your personal data and fulfilling our legal obligations.
2.4. We may disclose your personal data to our payment service providers. We will share service data with our payment services providers only to the extent necessary for the purposes of processing your payments, transferring funds and dealing with complaints and queries relating to such payments and transfers.
2.5. In order to offer you Klarna's payment methods, we might in the checkout pass your personal data in the form of contact and order details to Klarna, in order for Klarna to assess whether you qualify for their payment methods and to tailor those payment methods for you. Your personal data transferred is processed in line with Klarna's own privacy notice.
2.6. We may disclose your personal data to other service providers insofar as it is reasonably necessary to provide specific services (including, providers of servers and maintenance thereof, email service providers, service providers used for data analysis or marketing, call centres, customer satisfaction surveys or market research). We take all the necessary measures to ensure that such subcontractors would implement proper organisational and technical measures to ensure security and privacy of your personal data.
2.7. In addition to the specific disclosures of personal data set out in this Section, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
2.8. Persons, indicated in this Section may be established outside the Republic of Lithuania, European Union and European Economic Area. In case we will transfer your personal data to such persons, we will take all the necessary and in the legal acts indicated measures to ensure that your privacy will remain properly secured, including where appropriate, signing standard contractual clauses for transfer of data. To find out more information regarding appropriate safeguards you may contact us via email: [email protected].
3. How long we store your data?
3.1. Your personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. In any case it shall be kept for no longer than:
a. account data will be retained for no longer than 5 (five) years following your last update on the account;
b. service data will be retained for no longer than 5 (five) years following the end of provision of services;
c. messaging data will be retained for no longer than 2 (two) years following the provision of consent or, in case, the messaging data is being sent to the present clients in order to maintain and improve customer relations, for no longer than 2 (two) years following the end of provision of the respective services, unless you respectively withdraw your consent earlier or object to such processing;
d. correspondence data will be retained for no longer than 6 (six) months following the end of such communication.
3.2. In some cases, it is not possible for us to specify in advance the periods for which your personal data will be retained. I. e. device data will be retained for as much as will be necessary for the relevant processing purposes.
3.3. After the end of applicable retention period, or upon your request personal data is destructed using overwriting or physical destruction (when applicable) methods.
3.4. Notwithstanding the other provisions of this Section, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
4. Marketing communication
4.1. In case you consent, we will contact you via email or phone to inform on what we are up to. Also, if we already have provided services to you and you do not object, we will inform you about our Companies or our members of our group Companies other products that might interest you including other information related to such via email or phone, when such were provided to us by you.
4.2. When contacting you by phone as provided in section 4.1. above, SMS/text messages from us will be received through your wireless provider to the mobile number you provided. SMS/text messages may be sent using an automatic telephone dialing system or other technology. Message frequency varies. Message and data rates may apply.
4.3. You may opt-out of receiving marketing communications at any time. You may do so by choosing the relevant link in any of our marketing messages or contacting us via means provided in our website. If you are receiving both email and phone marketing communications on the grounds provided in section 4.1. above and you wish to opt-out of receiving them, you will need to opt out separately by following the relevant link in any of our marketing messages or contacting us via means provided in our website.
4.4. Upon you having fulfilled any of the provided actions we will update your profile to ensure that you will not receive our marketing communication in the future.
4.5. Please be informed that as our business activities consists of a network of closely related services, it may take a few days until all the systems are updated, thus you may continue to receive marketing communication while we are still processing your request.
4.6. In any case, the opt-out of the marketing communications will not stop you from receiving communication directly related to the provision of services.
5. AI TOOLS
5.1. We may use AI-based chatbots and other customer support solutions powered by third party AI tools when you contact us through in-app chatbot, our customer support email or other communication channels.
5.1.1. The AI-based chatbots utilized by us are powered by third-party service providers whose technologies enhance the functionality of our application.
5.1.2. In the course of using AI-based chat bots, certain data may be collected or used, including profile information, user queries, interactions, and any information voluntarily shared during the conversation or necessary for query solution. This data may be processed to provide tailored responses to user inquiries.
5.1.3. The scope of information processed by AI-based tools will depend on the nature of your request or inquiry, as well as any information you provide in the request itself, so both personal and non-personal data provided by customers may be processed. This information may include details about your health condition, symptoms, profile information or any other relevant health-related data you choose to disclose during your interaction with the chatbot or is necessary to process in the course of your interaction.
5.1.4. By using our in-app chatbot or otherwise by contacting your customer support communication channels, you acknowledge and consent to the processing of any Personal Data contained in your inquiry, including health-related Personal Data, through the use of AI-based tools. The processing of Personal Data through AI-based tools is solely for the purpose to enhance the functionality of our application, improve user experience and providing efficient customer support. The information processed is not used for unrelated purposes without your consent. We are committed to maintaining the confidentiality and security of your Personal Data.
5.1.5. Data collected by AI-based chatbots may be shared with the third-party providers powering the chatbot functionality. We ensure that these third-party providers adhere to data protection laws and maintain the confidentiality and security of the shared information.
5.1.6. The AI-based chatbots do not operate with and do not provide final answers regarding subscription management requests, as well as data subject rights requests described in this Privacy Policy. If you have these kinds of requests, please contact our customer support agent.
5.1.7. The data processed in the context of chatbot conversations will be retained by us for up to 3 months from your last consent renewal to ensure the functionality and personalization of your experience with the chatbot.
6. Your rights
6.1. In this Section, we have summarised the rights that you have under data protection laws. Some of the rights are complex thus we only provide the main aspects of such rights. Accordingly, you should read the relevant laws (first and foremost the General Data Protection Regulation (EU) 2016/679) and guidance from the regulatory authorities for a full explanation of these rights.
6.2. Your principal rights under data protection law are the following:
a. the right to access data;
b. the right to rectification;
c. the right to erasure of your personal data;
d. the right to restrict processing of your personal data;
e. the right to object to processing of your personal data;
f. the right to data portability;
g. the right to complain to a supervisory authority;
h. the right to withdraw consent; and
i. the right to request not to be a subject to a decision based solely on automated processing, including profiling.
6.3. The right to access data. You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
6.4. The right to rectification. You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
6.5. In some circumstances you have the right to the erasure of your personal data. Those circumstances include when: (i) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; (ii) you withdraw consent to consent-based processing and there are no other legal basis to process data; (iii) you object to the processing under certain rules of applicable data protection laws; (iv) the processing is for direct marketing purposes; or (v) the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. Such exclusions include when processing is necessary: (i) for exercising the right of freedom of expression and information; (ii) for compliance with our legal obligation; or (iii) for the establishment, exercise or defence of legal claims.
6.6. In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are when: (i) you contest the accuracy of the personal data; (ii) processing is unlawful but you oppose erasure; (iii) we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and (iv) you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data, however we will only further process such data in any other way: (i) with your consent; (ii) for the establishment, exercise or defence of legal claims; (iii) for the protection of the rights of another person; or (iv) for reasons of important public interest.
6.7. You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
6.8. You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
6.9. You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
6.10. The right to data portability. To the extent that the legal basis for our processing of your personal data is:
a. consent; or
b. performance of a contract or steps to be taken at your request prior to entering into a contract, necessary to enter into such, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
6.11. If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement. Our data processing is supervised by State Data Protection Inspectorate of the Republic of Lithuania, registered office at L. Sapiegos St. 17, LT-10312 Vilnius, www.vdai.lrv.lt
6.12. To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
6.13. You have the right to request not to be a subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. However, there are exclusions of this right. Such exclusions include when the decision: (i) is necessary for entering into, or performance of, a contract between you and us; (ii) s authorised by EU or EU member state law to which we are subject to and which also lays down suitable measures to safeguard the your rights and freedoms and legitimate interests; (iii) is based on your explicit consent.
6.14. In addition to specific measure provided in this Section or the website you may also exercise any of the rights indicated herein by contacting us by email: [email protected]. We undertake to respond to such inquiries within 1 month after it is received. This response time may be extended by 2 months for complex or multiple requests. In case of such extension, we will inform you additionally.
7. About cookies
7.1. We will ask you to consent to our use of cookies in accordance with the terms of this notice when you first visit our website.
7.2. Cookies are small textual files containing identifier that is sent by a web server to your web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
7.3. Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
8. Cookies that we use
8.1. In the website we use cookies of three main types, for the following purposes:
a. Required cookies - used to ensure proper performance of the website, security of customers and their data, provision of high-quality services;
b. Functional cookies - used to enhance the website user experience, analyse the use of the system and in accordance to such improve the provision of services;
c. Advertising cookies - used to observer user online behaviour and optimize marketing campaigns according to such information.
9. Cookies used by our service providers
9.1. Our service providers use cookies and those cookies may be stored on your computer when you visit our website.
9.2. We may use:
a. Google Analytics cookies to observe our website traffic. Cookies used for this purpose help us detect website errors as well as measure website bandwidth. You can view the privacy policy of Google Analytics here;
b. Youtube cookies to display in our website content uploaded in Youtube. Cookies used for this purpose help us maintain integrity, create informative and dynamic website. You can view the privacy policy of Youtube here;
c. Twitter cookies to display in our website content posted in Twitter. Cookies used for this purpose help us maintain integrity, create informative and dynamic website. You can view the privacy policy of Twitter here;
d. Google Maps cookies to, if the user permits, determine users location. Cookies used for this purpose help us adapt website settings in accordance to user's location and improve user experience in our website. You can view the privacy policy of Google Maps here;
e. Doubleclick cookies to control the display of ads to our users. Cookies used for this purpose help us distinguish users that already use our services and reduce or stop displaying our ads to such users. You can view the privacy policy of Doubleclick here;
f. Facebook cookies to manage the display of ads to our users. Cookies used for this purpose help us distinguish users that already use our services and reduce or stop displaying our ads to such users. You can view the privacy policy of Facebook here;
g. Google Tag Manager cookies to control advertising cookies. Cookies used for this purpose help us properly distribute ads to users. You can view the privacy policy of Google Tag Manager here;
h. Hotjar cookies to observe how users use our website. Cookies used for this purpose help us observe the performance of the website and analyse how we can improve our website. You can view the privacy policy of Hotjar here;
i. Visual Website Optimiser cookies that are used for collecting information on how visitors interact with the pages on website. You can view the privacy policy of Visual Website Optimiser here.
10. How can you manage cookies?
10.1. Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via information provided in the relevant browser website, for example Chrome; Firefox; Internet Explorer; Safari.
10.2. Blocking all cookies will have a negative impact upon the usability of many websites.
10.3. If you block cookies, you will not be able to use all the features on our website.
11. Third party websites
In the website you may find links to and from partner sites, information sources and related party websites. Please take note that such third party website that you will visit by clicking on links have their own privacy policies and we take no responsibility regarding such privacy policies. We recommend familiarising with privacy policies of such websites before providing any personal data to such.
12. Children personal data
12.1. Our website and services are targeted at persons over the age of 18.
12.2. If we have reason to believe that we hold personal data of a person under that age in our databases without having consent from the parent rights holder, we will delete that personal data.
13. California Privacy Addendum
If you are a California consumer or resident, in addition to the information provided in this privacy policy, you may have the additional rights and information provided to you under the California Consumer Privacy Act:
. We do not knowingly sell personal information nor share it with third parties for direct marketing purposes. However, if we do so in the future, you will be notified and have the right to opt-out of the "sale" of personal information;
a. We will retain, use, or disclose personal information we collect or processes on your behalf, only for the purposes described in this privacy policy, and will notify you if this changes.
b. You have the right to not be subject to discrimination if you exercise any of your rights.
We do not currently recognize or respond to browser-initiated Do Not Track signals. Instructions to enable for the following browsers are here: Chrome, Firefox, IE, Edge, Safari, Opera.
14. Updating your data
Please let us know if the personal information that we hold about you needs to be corrected or updated.
15. Changes to the notice
Any changes to this notice will be published in the website and, in case of material changes, we may inform you about such via email or by other means which we will deem the most fitting in a particular case.
1. Introduction
1.1. These General Terms and Conditions (the “Agreement”) govern the entire relationship between you the Client and the Company.
1.2. Before the Distance contract is concluded, the Client will be provided with the text of this Agreement electronically or in other durable formats. If this is not reasonably possible, the Company will indicate, before the distance contract is concluded, in what way this Agreement is available for Client`s review at the Company`s premises and that they will be sent free of charge to the Client, as soon as possible, at the Client`s request.
1.3. 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 AGREE TO BE BOUND BY IT.
1.4. This Agreement contains a mandatory arbitration provision that as further set forth in Section 17 below, 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.
2. Definitions
2.1. Some terms are defined in the introductory part of this Agreement. Unless this Agreement provides otherwise, wherever used in this Agreement, including the introductory part, the following terms when capitalized shall have the following meanings:
(a) Agreement shall mean Agreement for providing Services and/or Goods concluded online by the Company and the Client.
(b) Client shall mean user of the Company’s Services and/or the buyer of Goods as explained in this Agreement.
(c) Company shall mean Keto Diets, UAB, code 305493532, with the registered office at Didžioji g. 18, Vilnius, office address at Antakalnio str. 17, LT-10312 Vilnius, Lithuania, e-mail [email protected] is responsible for the Services provided via the Website and Mobile app also responsible for providing the subscription services and handling Client’s inquires, including refunds and chargebacks. Notwithstanding the above, for the purposes of Sections 5.5 and 6.1-6.2, and any other provisions related to the sale of physical Goods, the Company shall refer to Max Nutrition UAB, code 305420438, registered address at Lvovo str. 37-101, Vilnius, the Republic of Lithuania, office address at Antakalnio str. 17, Vilnius, the Republic of Lithuania, e-mail [email protected].
(d) Offer shall mean the offer to enter into this Agreement of Services and/or Goods provided by Company to the Client through the Website or Mobile app.
(e) Privacy Policy shall mean the privacy policy of the Company published on the Website or Mobile app.
(f) Services shall mean the Digital content provided by the Company to the Client as well as the accessibility to the Website or Mobile app, including information, text, images offered or provided there.
(g) Digital content shall mean individual digital meal plans and/or other digital content sold from time to time online by the Company.
(h) Goods shall mean supplements and/or other products in physical form sold online by the Company.
(i) Distance contract shall mean a contract concluded between the Company and the Client within the framework of a system organized for the distance sale of Digital content and/or Goods.
(j) Website shall mean the website of the Company available at KetoCycle.diet.
(k) Mobile app shall mean the mobile application of the Company "Keto Cycle: Keto Diet Tracker", that may be downloaded by the Client from App Store and/or Google Play.
3. Submission of the Offer
3.1. The Company will provide the Client with a possibility of receiving an Offer.
3.2. The Client will be asked to provide certain information before receiving the Offer by choosing provided options or typing requested details. The Client is obliged to provide current, correct, and comprehensive information that is requested to be provided.
3.3. Upon submission of the information established in Section 3.2 of this Agreement, the Client will be provided with the Offer. The Offer will include information on the following:
3.3.1. payment amount for the relevant Services and/or Goods;
3.3.2. payment options: via credit card or other allowable payment forms;
3.3.3. other information the Company finds important to include in the Offer.
3.4. Accepting the Offer
3.4.1. The Client accepts the Offer once he/she ticks the box “I agree with the Terms & Conditions”. Once the Client agrees with the Terms & Conditions, the Client will be required to press the button “Submit”.
4. Distance contract
4.1. The Distance contract will be concluded at the moment when the Client accepts the Offer and as indicated in paragraph 3.4.1.
4.2. As the Client will accept the Offer electronically, the Company will confirm receipt of acceptance of the Offer electronically. In case the Client purchases Digital content, such will be provided to the Client`s e-mail address provided by the Client or on the Mobile app.
4.3. IN CASE THE AGREEMENT BETWEEN THE COMPANY AND THE CLIENT CONSISTS OF DIGITAL CONTENT WHICH IS NOT SUPPLIED ON A TANGIBLE MEDIUM THE CLIENT AGREES TO LOSE HIS/HER RIGHT OF WITHDRAWAL FROM THE AGREEMENT.
4.4. 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 guarantee 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.
4.5. 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’s use of the Services does not entitle the Client to the continued provision or availability of the Services.
4.6. The Client furthermore agrees that:
4.6.1 he/she shall not access Services (including for purchasing Goods) if he/she is under the age of 18;
4.6.2 The Client will deny access of Services to children under the age of 18. The Client accepts full responsibility for any unauthorized use of the Services by minors.
5. Payments
5.1. During the period of validity indicated in the Offer, the price for the Services and/or Goods being offered will not increase, except for price changes in VAT tariffs.
5.2. The Client agrees to:
5.2.1. pay all additional costs, fees, charges, applicable taxes, and other charges that can be incurred by the Client;
5.2.2. purchase Services and/or Goods by using valid credit card or other allowed form of payment;
5.2.3. provide Company current, correct and comprehensive information as detailed in the purchase order form. If Company discovers or believes that any information provided by Client is not current, inaccurate, or incomplete, the Company reserves the right to suspend the Service and/or delivery of Goods at its sole discretion and the Client forfeits any right to refund the paid amount.
5.3. After the Client is transferred to the third party payment service provider, the risk of loss or damages will pass to the Client and/or third party service. The Client’s online credit or debit card payments to the Company will be handled and processed by a third-party payment service provider and none of the sensitive data in relation to your payment will be stored on or used by the Company. The Company shall not be liable for any payment issues or other disputes that arise due to the third-party payment services. The Company may change the third-party payment service provider from time to time.
5.4. All prices and costs are in US Dollars unless otherwise indicated.
5.5. All Goods remain Company’s property until full payment is made. The price applicable is that set at the date on which you place your order. Shipping costs and payment fees are recognized before confirming the purchase. If you are under 18 years old you must have parents’ permission to buy from the Company.
5.6. All transfers conducted through the Company are handled and transacted through third-party dedicated gateways to guarantee your protection. Card information is not stored and all card information is handled over SSL encryption. Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for the transactions made.
5.7. In order to ensure that the Client does not experience an interruption or loss of Services, the Services are offered on automatic renewal.
5.7.1. EXCEPT FOR REASONS DESCRIBED BELOW IN THIS SECTION, AUTOMATIC RENEWAL AUTOMATICALLY RENEWS THE APPLICABLE SERVICE UPON EXPIRATION OF THE CURRENT TERM FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD. For example, if the Clients last service period is for one year, the renewal period will typically be for one year.
5.7.2. Unless the Client cancels the subscription, Company will automatically renew the applicable service when it comes up for renewal and will take payment from the payment method associated with the Service in the Client’s account.
5.7.3. The Company may change the subscription plans and the price of the Services from time to time. Renewals will be charged at Company’s then-current rates, which Client acknowledges and agrees may be higher or lower than the rates for the original service period. Limited time offers might be subject to different terms of automatic renewal.
5.7.4. IF CLIENT DOES NOT WISH FOR SERVICE TO AUTOMATICALLY RENEW, he may elect to cancel the subscription at least 48 hours before the end of the current period, in which case, the Services will be terminated upon expiration of the then-current term unless he manually renews the Services prior to that date.
5.7.5. If the Client has purchased the subscription on the Companies website, the Client will not be able to control it through the Apple App Store or Google Play. Instead, Instead, Client may easily cancel the subscription by logging in to the Users Account on Companies website or contacting the support team by [email protected].
5.7.6. If the Client has purchased the subscription through the Apple App Store or Google Play, the client might cancel the subscription only through his Apple or Google Account. The Client understands that deleting the app does not cancel the subscriptions.
5.7.7 If Client has purchased the subscription of Supplements, shipping address change for recurring send outs can be done by contacting the support team by [email protected] EMAIL at least 72 hours before the end of the current period. If the changes of the shipping address have not been made or have been made in violation of the procedure set out and the recurring send-out has been shipped, the Company is not responsible for any damages the Client has incurred or may incur accordingly.
5.8. From time to time the Company might offer the Special Deals which may contain additional terms and conditions applicable together with this Agreement.The Company may offer the trials of paid subscriptions for the limited time at a special price or without payment (“Trial”). The Company will automatically begin charging the Client for the subscription on the first day following the end of the Trial on recurring basis of the interval what Company discloses in the Special Deal, chosen by the Client. If Client doesn’t want to be charged, he must cancel the subscription before the end of the Trial.
6. Refund Policy
6.1. The Company follows a no refund policy unless the product (either Digital content or Goods) is proven to be not as described or faulty. In such cases, the Client must contact our customer support at [email protected] within 14 days upon delivery and provide detailed information proving Company’s product (either Digital content or Goods) fault (with visual proof attached).
6.1.1. Once a refund is issued, the Client no longer has the access to Company’s product (either Digital content or Goods).
6.1.2. All refunds are applied to the original method of payment.
6.1.3. By purchasing Services, the Client agrees to this refund policy and relinquishes any rights to subject it to any questions, judgment, or legal actions.
6.1.4. The Company will not be responsible for the refund or reshipping the order to the other address if the Client didn’t provide correct or full delivery or contact information (including delivery address, email address).
Return Policy
6.2. Any Goods that you wish to return must be in the original packaging and unopened, in a condition fit for resale. If the Goods to be returned do not meet these conditions, we will be unable to offer a refund. If you decide to return the order, you must inform us at [email protected] before you return it to our warehouse. We’ll provide you with our return form which must be filled and sent back together with the Goods within 30 days after the purchase was made. Once the Goods and the form have been received and checked by our staff, a refund will be authorised by the same method that the payment was made. In all cases the Company has a right to suspend the Client’s refund until the Company receives back and inspects the Goods. Please be advised that the refund may take up to 14 working days to reach your bank account. If the Client fails to meet the deadlines of our returns policy, we will be unable to offer a refund.
6.3. For the orders outside the US: if Client refuses to accept the package with Goods at customs, Company will not be responsible for the refund or reshipping the order via another carrier. The package will be abandoned at customs. If Client wants a refund on the order, he is responsible for paying the customs fee to ship the package back to the Company. As such, once the package is received back at Companies warehouse, the Client will be credited for the cost of the order minus the original shipping charge. If Client wishes to make a return, Client must contact our customer support at [email protected]
6.4. The Client agrees and confirms, that deleting an account on the Mobile app does not imply any right to refunds. Since such account deletion is irrevocable, the Client undertakes to contact the Company in case of any inquiries before deleting an account on the Mobile app.
7. Intellectual Property Rights
7.1. As between Company and Client, all intellectual property rights, including but not limited to copyright, design rights, trademark rights, patent rights, and any other proprietary rights in or to related to the Services and Services-related content are owned by the Company.
7.2. 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.
7.3. 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.
7.4. 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 Section 8.1 below.
8. Use of Digital content
8.1. All intellectual property rights specified in Article 7.1 and relating to Digital content are owned by the Company. Digital content is licensed pursuant to this Section 8 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.
8.2. The term of this licence 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.
8.3. Unless expressly otherwise provided, the Client must not use any Digital content except for personal, non-commercial purposes.
8.4. 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 licence provided in this Section 8 by the Company.
8.5. The Company may impose restrictions on the scope of the licence or the number of devices or types of devices on which Digital content can be used.
8.6. If the Client violates this Section 8, 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.
9. Sale of Digital Content Prohibited
9.1. The Client is prohibited from selling, offering for sale, sharing, renting out or lending Digital content, or copies of Digital content.
10. Privacy Policy
10.1. The processing of Client’s personal data is governed by the Privacy Policy. It is recommended for the Client to print and keep a copy of the Privacy Policy together with this Agreement.
11. Indemnity
11.1. The Client will indemnify and hold the Company, its affiliates, 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.
12. Liability
12.1. 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 OR MOBILE APP, INCLUDING INFORMATION RECEIVED THROUGH CLIENT`S USE OF THE SERVICES, ARE HIS/HER SOLE RESPONSIBILITY.
12.2. 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 OR MOBILE APP, (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).
12.3. A party to the Agreement shall be released from responsibility for non-fulfilment if it proves that this Agreement was not fulfilled due to force majeure. In particular, the Company shall not be liable for any losses caused by force majeure, riot, war, or natural events or due to other occurrences for which the Company is not responsible (e.g. strike, lock-out, traffic hold-ups, administrative acts of domestic or foreign high authorities). The Client must provide written notification of the occurrence of force majeure, which prevents the fulfillment of this Agreement, within 30 calendar days from the date of the occurrence of these circumstances. The Company shall inform the Client about the occurrence of force majeure by e-mail or on the Website or Mobile app if possible.
12.4. Liable company:
1) Keto Diets UAB is an administrator of the Website or Mobile App, provider of the Services, responsible for the managing subscription services and payments for Services and Goods, refunds and chargebacks. THE LIABILITY OF THE COMPANY IS LIMITED TO DIRECT LOSSES UNLESS OTHERWISE PROVIDED UNDER THE APPLICABLE LAWS.
2) Max Nutrition UAB, is the owner and the seller of the Goods. THE LIABILITY OF THE COMPANY IS LIMITED TO DIRECT LOSSES UNLESS OTHERWISE PROVIDED UNDER THE APPLICABLE LAWS.
12.5. Due to the nature of Services and/or Goods that the Company provides and as the Company cannot control the Client’s adherence to the provided use instructions, the Company provides no warranty as to any results or outcomes coming from using Services and/or Goods.
12.6. KETO DIETS UAB SHALL NOT, IN ANY CASE, BEAR ANY RESPONSIBILITY WITH RESPECT TO THE GOODS OR DELIVERY THEREOF. ALL CLAIMS, REQUESTS, AND OTHER COMMUNICATION RELATED TO THE GOODS MUST BE SUBMITTED DIRECTLY TO Max Nutrition UAB. ACCORDINGLY, Max Nutrition UAB SHALL NOT, IN ANY CASE, BEAR ANY RESPONSIBILITY WITH RESPECT TO THE WEBSITE AND/OR SERVICES PROVIDED BY Keto Diets UAB.
12.7. When using Services the Client may receive links to other websites or mobile apps that are not owned and/or controlled by the Company. These are provided “as is”. The Client acknowledges and agrees that the Company is not responsible for the operation of such links. Furthermore, the Company is not responsible or liable for any content, advertising, products or other materials that may be accessed through such links and therefore the Client agrees that the Company shall not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with use or reliance on any such content, goods, services available on or through any such websites or mobile apps.
13. Medical disclaimer
13.1. BEFORE TRYING MEAL PLAN BASED DIET AND/OR GOODS BY THE COMPANY, THE CLIENT SHOULD CONSULT WITH HIS/HER HEALTHCARE SERVICE PROVIDER.
13.2. THE COMPANY IS NOT A MEDICAL ORGANIZATION AND IS NOT PROVIDING ANY MEDICAL ADVICE OR ASSISTANCE. NOTHING WITHIN THE SERVICES PROVIDED BY THE COMPANY IS ASSOCIATED WITH, SHOULD BE TAKEN AS, OR UNDERSTOOD AS MEDICAL ADVICE OR ASSISTANCE, NOR SHOULD IT BE INTERPRETED IN SUBSTITUTION FOR ANY MEDICAL ADVICE OR ASSISTANCE, OR USED OR 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, INCLUDING ANY NEED TO SEEK APPROPRIATE GUIDANCE FROM A HEALTH CARE PROVIDER.
13.3. THE COMPANY ENCOURAGE THE CLIENT TO SEEK APPROPRIATE MEDICAL ADVICE OR ASSISTANCE BEFORE USING COMPANY`S SERVICES.
13.4. THE CLIENT SHOULD NOT DISREGARD MEDICAL ADVICE OR DELAY VISITING A MEDICAL PROFESSIONAL BECAUSE OF SOMETHING CLIENT READ ON THE COMPANIES WEBSITE OR MOBILE APP, OR ON OTHER COMPANIES COMMUNICATION CHANNELS.
14. Validity and Termination
14.1. 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.
14.2. 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 incomprehensive information. Notwithstanding the foregoing, statutory termination rights shall not be affected.
15. Changes to Agreement
15.1. This Agreement, Privacy Policy, and any additional terms and conditions that may apply are subject to change. The Company reserves the right to modify and update the Agreement from time to time and such changes shall be effective immediately upon posting to the Company’s Website or Mobile App.
15.2. All amended Agreement, Privacy Policy, and any additional terms and conditions will be posted online. The Company may give notice to the Client of any upcoming changes by sending an email to the primary email address provided by the Client or notifying through the Website or Mobile app.
15.3. The Client understands and agrees that any continued use and access to the Services after any posted updates of the Agreement, means that Client voluntarily agrees to be bound by this Agreement. If Client does not agree to be bound by the updated Agreement, he/she should not use (or continue to use) the Services.
16. Communication
16.1. In general, the Company prefers communication by e-mail. By accepting this Agreement, the Client accepts communication by e-mail. For this purpose, the Client is requested to have a valid e-mail address and provide it when filling required information as stipulated in Section 3.2. The Company may publish information related to this Agreement or Services on the Website or Mobile app as well. The Client should check his/her e-mail messages as well as information provided on the Website or the Mobile app regularly and frequently. E-mails may contain links to further information and documents.
16.2. Where applicable laws require the provision of information on a durable medium, the Company will either send the Client an email with an attachment or send the Client a notification referring to the Services with a download function to retain such information and documents permanently for future reference. It is the Client’s responsibility requested to keep copies of all communications from the Company.
16.3. The Client may request a copy of this Agreement or any other contractual document by contacting [email protected].
16.4. The communication with the Client will be made in English unless the Company and the Client agree to communicate in another language.
16.5. The Client may contact us at any time by sending a message to [email protected].
17. Dispute resolution
17.1. Governing Law. This Agreement is governed by the laws of Texas without regard to its principles of conflicts of law, and regardless of the Client’s location.
17.2. 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, subscriptions, refunds, chargebacks and the Services and/or Goods provided to the Client should be addressed to the Company by contacting [email protected]
Any complaints in relation to the Goods provided to the Client should be addressed to Max Nutrition UAB by contacting [email protected].
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 14 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.
17.3. 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 agrees 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.
17.4. Client agrees that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and Client is agreeing to give up the ability to participate in a class action.
17.5. Client may opt-out of this agreement to arbitrate by emailing [email protected] 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.
17.6. 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 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.
18. Miscellaneous
18.1. No person other than the Client shall have any rights under this Agreement.
18.2. 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.
18.3. 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.
18.4. THE USE OF THE SERVICES IS SOLELY AT 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 SERVICES, 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 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. CLIENT UNDERSTAND AND ACKNOWLEDGE 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. CLIENT MAY HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE.
18.5. BY USING OR ACCESING THE SERVICES, CLIENT HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
1. Introduction
1.1. These General Terms and Conditions (the “Agreement”) govern the entire relationship between you the Client and the Company.
1.2. Before the Distance contract is concluded, the Client will be provided with the text of this Agreement electronically or in other durable formats. If this is not reasonably possible, the Company will indicate, before the distance contract is concluded, in what way this Agreement is available for Client`s review at the Company`s premises and that they will be sent free of charge to the Client, as soon as possible, at the Client`s request.
1.3. 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 AGREE TO BE BOUND BY IT.
1.4. This Agreement contains a mandatory arbitration provision that as further set forth in Section 17 below, 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.
2. Definitions
2.1. Some terms are defined in the introductory part of this Agreement. Unless this Agreement provides otherwise, wherever used in this Agreement, including the introductory part, the following terms when capitalized shall have the following meanings:
(a) Agreement shall mean Agreement for providing Services and/or Goods concluded online by the Company and the Client.
(b) Client shall mean user of the Company’s Services and/or the buyer of Goods as explained in this Agreement.
(c) Company shall mean Keto Diets, UAB, code 305493532, with the registered office at Didžioji g. 18, Vilnius, office address at Antakalnio str. 17, LT-10312 Vilnius, Lithuania, e-mail [email protected] is responsible for the Services provided via the Website and Mobile app also responsible for providing the subscription services and handling Client’s inquires, including refunds and chargebacks. Notwithstanding the above, for the purposes of Sections 5.5 and 6.1-6.2, and any other provisions related to the sale of physical Goods, the Company shall refer to Max Nutrition UAB, code 305420438, registered address at Lvovo str. 37-101, Vilnius, the Republic of Lithuania, office address at Antakalnio str. 17, Vilnius, the Republic of Lithuania, e-mail [email protected].
(d) Offer shall mean the offer to enter into this Agreement of Services and/or Goods provided by Company to the Client through the Website or Mobile app.
(e) Privacy Policy shall mean the privacy policy of the Company published on the Website or Mobile app.
(f) Services shall mean the Digital content provided by the Company to the Client as well as the accessibility to the Website or Mobile app, including information, text, images offered or provided there.
(g) Digital content shall mean individual digital meal plans and/or other digital content sold from time to time online by the Company.
(h) Goods shall mean supplements and/or other products in physical form sold online by the Company.
(i) Distance contract shall mean a contract concluded between the Company and the Client within the framework of a system organized for the distance sale of Digital content and/or Goods.
(j) Website shall mean the website of the Company available at KetoCycle.diet.
(k) Mobile app shall mean the mobile application of the Company "Keto Cycle: Keto Diet Tracker", that may be downloaded by the Client from App Store and/or Google Play.
3. Submission of the Offer
3.1. The Company will provide the Client with a possibility of receiving an Offer.
3.2. The Client will be asked to provide certain information before receiving the Offer by choosing provided options or typing requested details. The Client is obliged to provide current, correct, and comprehensive information that is requested to be provided.
3.3. Upon submission of the information established in Section 3.2 of this Agreement, the Client will be provided with the Offer. The Offer will include information on the following:
3.3.1. payment amount for the relevant Services and/or Goods;
3.3.2. payment options: via credit card or other allowable payment forms;
3.3.3. other information the Company finds important to include in the Offer.
3.4. Accepting the Offer
3.4.1. The Client accepts the Offer once he/she ticks the box “I agree with the Terms & Conditions”. Once the Client agrees with the Terms & Conditions, the Client will be required to press the button “Submit”.
4. Distance contract
4.1. The Distance contract will be concluded at the moment when the Client accepts the Offer and as indicated in paragraph 3.4.1.
4.2. As the Client will accept the Offer electronically, the Company will confirm receipt of acceptance of the Offer electronically. In case the Client purchases Digital content, such will be provided to the Client`s e-mail address provided by the Client or on the Mobile app.
4.3. IN CASE THE AGREEMENT BETWEEN THE COMPANY AND THE CLIENT CONSISTS OF DIGITAL CONTENT WHICH IS NOT SUPPLIED ON A TANGIBLE MEDIUM THE CLIENT AGREES TO LOSE HIS/HER RIGHT OF WITHDRAWAL FROM THE AGREEMENT.
4.4. 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 guarantee 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.
4.5. 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’s use of the Services does not entitle the Client to the continued provision or availability of the Services.
4.6. The Client furthermore agrees that:
4.6.1 he/she shall not access Services (including for purchasing Goods) if he/she is under the age of 18;
4.6.2 The Client will deny access of Services to children under the age of 18. The Client accepts full responsibility for any unauthorized use of the Services by minors.
5. Payments
5.1. During the period of validity indicated in the Offer, the price for the Services and/or Goods being offered will not increase, except for price changes in VAT tariffs.
5.2. The Client agrees to:
5.2.1. pay all additional costs, fees, charges, applicable taxes, and other charges that can be incurred by the Client;
5.2.2. purchase Services and/or Goods by using valid credit card or other allowed form of payment;
5.2.3. provide Company current, correct and comprehensive information as detailed in the purchase order form. If Company discovers or believes that any information provided by Client is not current, inaccurate, or incomplete, the Company reserves the right to suspend the Service and/or delivery of Goods at its sole discretion and the Client forfeits any right to refund the paid amount.
5.3. After the Client is transferred to the third party payment service provider, the risk of loss or damages will pass to the Client and/or third party service. The Client’s online credit or debit card payments to the Company will be handled and processed by a third-party payment service provider and none of the sensitive data in relation to your payment will be stored on or used by the Company. The Company shall not be liable for any payment issues or other disputes that arise due to the third-party payment services. The Company may change the third-party payment service provider from time to time.
5.4. All prices and costs are in US Dollars unless otherwise indicated.
5.5. All Goods remain Company’s property until full payment is made. The price applicable is that set at the date on which you place your order. Shipping costs and payment fees are recognized before confirming the purchase. If you are under 18 years old you must have parents’ permission to buy from the Company.
5.6. All transfers conducted through the Company are handled and transacted through third-party dedicated gateways to guarantee your protection. Card information is not stored and all card information is handled over SSL encryption. Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for the transactions made.
5.7. In order to ensure that the Client does not experience an interruption or loss of Services, the Services are offered on automatic renewal.
5.7.1. EXCEPT FOR REASONS DESCRIBED BELOW IN THIS SECTION, AUTOMATIC RENEWAL AUTOMATICALLY RENEWS THE APPLICABLE SERVICE UPON EXPIRATION OF THE CURRENT TERM FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD. For example, if the Clients last service period is for one year, the renewal period will typically be for one year.
5.7.2. Unless the Client cancels the subscription, Company will automatically renew the applicable service when it comes up for renewal and will take payment from the payment method associated with the Service in the Client’s account.
5.7.3. The Company may change the subscription plans and the price of the Services from time to time. Renewals will be charged at Company’s then-current rates, which Client acknowledges and agrees may be higher or lower than the rates for the original service period. Limited time offers might be subject to different terms of automatic renewal.
5.7.4. IF CLIENT DOES NOT WISH FOR SERVICE TO AUTOMATICALLY RENEW, he may elect to cancel the subscription at least 48 hours before the end of the current period, in which case, the Services will be terminated upon expiration of the then-current term unless he manually renews the Services prior to that date.
5.7.5. If the Client has purchased the subscription on the Companies website, the Client will not be able to control it through the Apple App Store or Google Play. Instead, Instead, Client may easily cancel the subscription by logging in to the Users Account on Companies website or contacting the support team by [email protected].
5.7.6. If the Client has purchased the subscription through the Apple App Store or Google Play, the client might cancel the subscription only through his Apple or Google Account. The Client understands that deleting the app does not cancel the subscriptions.
5.7.7 If Client has purchased the subscription of Supplements, shipping address change for recurring send outs can be done by contacting the support team by [email protected] EMAIL at least 72 hours before the end of the current period. If the changes of the shipping address have not been made or have been made in violation of the procedure set out and the recurring send-out has been shipped, the Company is not responsible for any damages the Client has incurred or may incur accordingly.
5.8. From time to time the Company might offer the Special Deals which may contain additional terms and conditions applicable together with this Agreement.The Company may offer the trials of paid subscriptions for the limited time at a special price or without payment (“Trial”). The Company will automatically begin charging the Client for the subscription on the first day following the end of the Trial on recurring basis of the interval what Company discloses in the Special Deal, chosen by the Client. If Client doesn’t want to be charged, he must cancel the subscription before the end of the Trial.
6. Refund Policy
6.1. The Company follows a no refund policy unless the product (either Digital content or Goods) is proven to be not as described or faulty. In such cases, the Client must contact our customer support at [email protected] within 14 days upon delivery and provide detailed information proving Company’s product (either Digital content or Goods) fault (with visual proof attached).
6.1.1. Once a refund is issued, the Client no longer has the access to Company’s product (either Digital content or Goods).
6.1.2. All refunds are applied to the original method of payment.
6.1.3. By purchasing Services, the Client agrees to this refund policy and relinquishes any rights to subject it to any questions, judgment, or legal actions.
6.1.4. The Company will not be responsible for the refund or reshipping the order to the other address if the Client didn’t provide correct or full delivery or contact information (including delivery address, email address).
Return Policy
6.2. Any Goods that you wish to return must be in the original packaging and unopened, in a condition fit for resale. If the Goods to be returned do not meet these conditions, we will be unable to offer a refund. If you decide to return the order, you must inform us at [email protected] before you return it to our warehouse. We’ll provide you with our return form which must be filled and sent back together with the Goods within 30 days after the purchase was made. Once the Goods and the form have been received and checked by our staff, a refund will be authorised by the same method that the payment was made. In all cases the Company has a right to suspend the Client’s refund until the Company receives back and inspects the Goods. Please be advised that the refund may take up to 14 working days to reach your bank account. If the Client fails to meet the deadlines of our returns policy, we will be unable to offer a refund.
6.3. For the orders outside the US: if Client refuses to accept the package with Goods at customs, Company will not be responsible for the refund or reshipping the order via another carrier. The package will be abandoned at customs. If Client wants a refund on the order, he is responsible for paying the customs fee to ship the package back to the Company. As such, once the package is received back at Companies warehouse, the Client will be credited for the cost of the order minus the original shipping charge. If Client wishes to make a return, Client must contact our customer support at [email protected]
6.4. The Client agrees and confirms, that deleting an account on the Mobile app does not imply any right to refunds. Since such account deletion is irrevocable, the Client undertakes to contact the Company in case of any inquiries before deleting an account on the Mobile app.
7. Intellectual Property Rights
7.1. As between Company and Client, all intellectual property rights, including but not limited to copyright, design rights, trademark rights, patent rights, and any other proprietary rights in or to related to the Services and Services-related content are owned by the Company.
7.2. 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.
7.3. 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.
7.4. 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 Section 8.1 below.
8. Use of Digital content
8.1. All intellectual property rights specified in Article 7.1 and relating to Digital content are owned by the Company. Digital content is licensed pursuant to this Section 8 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.
8.2. The term of this licence 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.
8.3. Unless expressly otherwise provided, the Client must not use any Digital content except for personal, non-commercial purposes.
8.4. 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 licence provided in this Section 8 by the Company.
8.5. The Company may impose restrictions on the scope of the licence or the number of devices or types of devices on which Digital content can be used.
8.6. If the Client violates this Section 8, 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.
9. Sale of Digital Content Prohibited
9.1. The Client is prohibited from selling, offering for sale, sharing, renting out or lending Digital content, or copies of Digital content.
10. Privacy Policy
10.1. The processing of Client’s personal data is governed by the Privacy Policy. It is recommended for the Client to print and keep a copy of the Privacy Policy together with this Agreement.
11. Indemnity
11.1. The Client will indemnify and hold the Company, its affiliates, 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.
12. Liability
12.1. 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 OR MOBILE APP, INCLUDING INFORMATION RECEIVED THROUGH CLIENT`S USE OF THE SERVICES, ARE HIS/HER SOLE RESPONSIBILITY.
12.2. 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 OR MOBILE APP, (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).
12.3. A party to the Agreement shall be released from responsibility for non-fulfilment if it proves that this Agreement was not fulfilled due to force majeure. In particular, the Company shall not be liable for any losses caused by force majeure, riot, war, or natural events or due to other occurrences for which the Company is not responsible (e.g. strike, lock-out, traffic hold-ups, administrative acts of domestic or foreign high authorities). The Client must provide written notification of the occurrence of force majeure, which prevents the fulfillment of this Agreement, within 30 calendar days from the date of the occurrence of these circumstances. The Company shall inform the Client about the occurrence of force majeure by e-mail or on the Website or Mobile app if possible.
12.4. Liable company:
1) Keto Diets UAB is an administrator of the Website or Mobile App, provider of the Services, responsible for the managing subscription services and payments for Services and Goods, refunds and chargebacks. THE LIABILITY OF THE COMPANY IS LIMITED TO DIRECT LOSSES UNLESS OTHERWISE PROVIDED UNDER THE APPLICABLE LAWS.
2) Max Nutrition UAB, is the owner and the seller of the Goods. THE LIABILITY OF THE COMPANY IS LIMITED TO DIRECT LOSSES UNLESS OTHERWISE PROVIDED UNDER THE APPLICABLE LAWS.
12.5. Due to the nature of Services and/or Goods that the Company provides and as the Company cannot control the Client’s adherence to the provided use instructions, the Company provides no warranty as to any results or outcomes coming from using Services and/or Goods.
12.6. KETO DIETS UAB SHALL NOT, IN ANY CASE, BEAR ANY RESPONSIBILITY WITH RESPECT TO THE GOODS OR DELIVERY THEREOF. ALL CLAIMS, REQUESTS, AND OTHER COMMUNICATION RELATED TO THE GOODS MUST BE SUBMITTED DIRECTLY TO Max Nutrition UAB. ACCORDINGLY, Max Nutrition UAB SHALL NOT, IN ANY CASE, BEAR ANY RESPONSIBILITY WITH RESPECT TO THE WEBSITE AND/OR SERVICES PROVIDED BY Keto Diets UAB.
12.7. When using Services the Client may receive links to other websites or mobile apps that are not owned and/or controlled by the Company. These are provided “as is”. The Client acknowledges and agrees that the Company is not responsible for the operation of such links. Furthermore, the Company is not responsible or liable for any content, advertising, products or other materials that may be accessed through such links and therefore the Client agrees that the Company shall not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with use or reliance on any such content, goods, services available on or through any such websites or mobile apps.
13. Medical disclaimer
13.1. BEFORE TRYING MEAL PLAN BASED DIET AND/OR GOODS BY THE COMPANY, THE CLIENT SHOULD CONSULT WITH HIS/HER HEALTHCARE SERVICE PROVIDER.
13.2. THE COMPANY IS NOT A MEDICAL ORGANIZATION AND IS NOT PROVIDING ANY MEDICAL ADVICE OR ASSISTANCE. NOTHING WITHIN THE SERVICES PROVIDED BY THE COMPANY IS ASSOCIATED WITH, SHOULD BE TAKEN AS, OR UNDERSTOOD AS MEDICAL ADVICE OR ASSISTANCE, NOR SHOULD IT BE INTERPRETED IN SUBSTITUTION FOR ANY MEDICAL ADVICE OR ASSISTANCE, OR USED OR 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, INCLUDING ANY NEED TO SEEK APPROPRIATE GUIDANCE FROM A HEALTH CARE PROVIDER.
13.3. THE COMPANY ENCOURAGE THE CLIENT TO SEEK APPROPRIATE MEDICAL ADVICE OR ASSISTANCE BEFORE USING COMPANY`S SERVICES.
13.4. THE CLIENT SHOULD NOT DISREGARD MEDICAL ADVICE OR DELAY VISITING A MEDICAL PROFESSIONAL BECAUSE OF SOMETHING CLIENT READ ON THE COMPANIES WEBSITE OR MOBILE APP, OR ON OTHER COMPANIES COMMUNICATION CHANNELS.
14. Validity and Termination
14.1. 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.
14.2. 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 incomprehensive information. Notwithstanding the foregoing, statutory termination rights shall not be affected.
15. Changes to Agreement
15.1. This Agreement, Privacy Policy, and any additional terms and conditions that may apply are subject to change. The Company reserves the right to modify and update the Agreement from time to time and such changes shall be effective immediately upon posting to the Company’s Website or Mobile App.
15.2. All amended Agreement, Privacy Policy, and any additional terms and conditions will be posted online. The Company may give notice to the Client of any upcoming changes by sending an email to the primary email address provided by the Client or notifying through the Website or Mobile app.
15.3. The Client understands and agrees that any continued use and access to the Services after any posted updates of the Agreement, means that Client voluntarily agrees to be bound by this Agreement. If Client does not agree to be bound by the updated Agreement, he/she should not use (or continue to use) the Services.
16. Communication
16.1. In general, the Company prefers communication by e-mail. By accepting this Agreement, the Client accepts communication by e-mail. For this purpose, the Client is requested to have a valid e-mail address and provide it when filling required information as stipulated in Section 3.2. The Company may publish information related to this Agreement or Services on the Website or Mobile app as well. The Client should check his/her e-mail messages as well as information provided on the Website or the Mobile app regularly and frequently. E-mails may contain links to further information and documents.
16.2. Where applicable laws require the provision of information on a durable medium, the Company will either send the Client an email with an attachment or send the Client a notification referring to the Services with a download function to retain such information and documents permanently for future reference. It is the Client’s responsibility requested to keep copies of all communications from the Company.
16.3. The Client may request a copy of this Agreement or any other contractual document by contacting [email protected].
16.4. The communication with the Client will be made in English unless the Company and the Client agree to communicate in another language.
16.5. The Client may contact us at any time by sending a message to [email protected].
17. Dispute resolution
17.1. Governing Law. This Agreement is governed by the laws of Texas without regard to its principles of conflicts of law, and regardless of the Client’s location.
17.2. 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, subscriptions, refunds, chargebacks and the Services and/or Goods provided to the Client should be addressed to the Company by contacting [email protected]
Any complaints in relation to the Goods provided to the Client should be addressed to Max Nutrition UAB by contacting [email protected].
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 14 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.
17.3. 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 agrees 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.
17.4. Client agrees that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and Client is agreeing to give up the ability to participate in a class action.
17.5. Client may opt-out of this agreement to arbitrate by emailing [email protected] 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.
17.6. 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 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.
18. Miscellaneous
18.1. No person other than the Client shall have any rights under this Agreement.
18.2. 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.
18.3. 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.
18.4. THE USE OF THE SERVICES IS SOLELY AT 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 SERVICES, 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 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. CLIENT UNDERSTAND AND ACKNOWLEDGE 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. CLIENT MAY HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE.
18.5. BY USING OR ACCESING THE SERVICES, CLIENT HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.