You may use your account only for your personal, non-commercial purposes. You shall not share the Account or the Login Information (such as Google Play account or Apple ID), neither should you let anyone else access your Account or do anything else that might threaten the security of your Account. You are solely responsible for keeping your Login Information confident, and you will be solely responsible for all uses of your Login Information, including any purchases or other changes to your Account and/or Account status, whether or not authorized by you. You are responsible for anything that happens through your Account. Mikhail Halavach will not be responsible for anything that happens through or to your Account and/or Account status as a result of you allowing any third party to access your Login Information and/or Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Mikhail Halavach and modify your Login Information. In the absence of such prompt notification we cannot guarantee the safety of your Service progress.
2. Ownership & License
Mikhail Halavach owns & reserves all rights, title and interest in and to the Service, and all data and content included therein, without limitation any applications, titles, including any application content such as computer code, objects, characters, dialogues, concepts, artwork, animations, catch phrases, sounds, musical compositions, audio-visual effects, methods of operation, documentation, in-app chat transcripts, character information, recordings of applications used using Mikhail Halavach application client and server software.
Mikhail Halavach owns and has rights to use any content that appears in the Services. You agree that you have no ownership, right or title in or to any content that appears in the Service, including without limitation (a) “Virtual Goods” or (b) “Virtual Currency” appearing or originating in any Mikhail Halavach Services, whether earned in a Service or purchased from Mikhail Halavach , or any other attributes associated with an Account or stored on the Service. You agree & acknowledge that you have no ownership or other property interest in the Account, and you further agree and acknowledge that all rights to the account are and shall forever be owned by Mikhail Halavach .
Mikhail Halavach hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access our Services for your non-commercial entertainment use only, conditioned upon your compliance with these Terms or Use.
Unless expressly granted a license by Mikhail Halavach in a signed writing, you may not reproduce, distribute, copy, exchange, modify, decompile, translate, lease services or any works from Mikhail Halavach intellectual property.
3. License limitations
You agree that while using any of Mikhail Halavach Services you will not, under any circumstances:
– Initiate, assist, take part (directly or indirectly) in any type of attack, including any type of hacker attack, distribution of any viruses, worms, adware or any deleterious/malicious code upon the Services, or other attempts to disrupt the Services or to disturb any other person’s use of the Services.
– Harass, bully, threaten any other users, post or submit any abusive, threatening, bullying, obscene, harassing, offensive, pornographic or illegal content, or any other content that infringes or violates the rights of other users.
– Exploit any errors or bugs found in the provided Services and/or distribute them, nor promote the use of them to the other users in any way or form.
– Attempt to access another user’s Account, collect or harvest personal information from other users, nor attempt to obtain another user’s Login information.
– You will not attempt to gain unauthorized access to the Service, to Accounts registered to others, or to networks from which portions of the Service are provided, including by circumventing or bypassing robot exclusion headers or security mechanisms for the Service;
– Apply any software, device, technology, or code to the Services in attempt to send content, spider, crape, or crawl the Services, nor harvest or manipulate data from the Services, including any user data;
Within the Service you may purchase, with ″real world″ money, a limited, personal, non-transferable, non-sublicensable, revocable license to use “Virtual goods” such as: (a)"virtual currency"; (b) "virtual in-app items"; (c) other goods or services.
You are only allowed to purchase virtual goods from us or our authorised partners through the Service, all other ways are prohibited unless stated otherwise.
You agree you do not have ownership or other property interest in any of the Virtual Goods you purchase the license for. Virtual Goods do not have monetary value and cannot be redeemed for any real world currency. You agree that all prices and sales of Virtual Goods are final and you can’t obtain any refunds for purchasing the license to use them except as expressly authorized by Mikhail Halavach .
Mikhail Halavach reserves the right to change or limit the price, availability, or order quantity of any Virtual Goods as well as regulate, manage, modify or eliminate Virtual Goods with or without prior notification. Mikhail Halavach shall have no liability to you or any third party in the event that Mikhail Halavach exercises any such rights.
5. User Content
You understand and agree that by using the Services you may be exposed to User Content and actions from other users that are offensive, indecent, explicit or do not meet your expectations in any other way. Mikhail Halavach reserves the right, in its sole discretion, to monitor, edit, refuse to post or remove any User Content. You acknowledge and agree that Mikhail Halavach nonetheless assumes no responsibility and no obligation to modify any inappropriate User Content and that Mikhail Halavach shall have no liability to you and or any third-party in any way for User Content, or for any damage or loss therefrom.
6. Updates & modification of the product
Mikhail Halavach reserves the rights to modify, change, update any parts of the Service such as Virtual Goods, Virtual In-app Items and any other features, and specifications of the Service with or without prior notice or liability to you. You acknowledge and agree that Mikhail Halavach may require you to accept and download the updates required for further use and support of Mikhail Halavach Services. You also acknowledge and agree that we may introduce automatic updates and/or modification to the Service which shall be applied without manual install, with or without additional notice to you.
8. WARRANTIES & LIABILITY LIMITATION
WITHOUT LIMITING ITS LIABILITY Mikhail Halavach WAIVES ANY WARRANTY AND/OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, THAT PROVIDED SERVICES ARE SUITABLE FOR YOUR PURPOSES, UNINTERRUPTED, SECURE, ERROR-FREE, VIRUS-FREE, FUNCTION PROPERLY OR DO NOT CONTAIN ANY HARMFUL COMPONENTS. ANY Mikhail Halavach SERVICES ARE PROVIDED “AS IS”.
Mikhail Halavach SHALL NOT, UNDER ANY CIRCUMSTANCES, LEGAL THEORY, STRICT LIABILITY OR OTHERWISE, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT OR DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO, ACTUAL LOSS, PROFIT LOSS, DATA LOSS, BUSINESS LOSS) REGARDLESS OF WHETHER Mikhail Halavach HAS BEEN ADVISED OF SUCH DAMAGE OR NOT.
8.1 Mikhail Halavach DOES NOT OFFER OR PROVIDE ANY KIND OF MEDICAL ADVICE OR HEALTHCARE SERVICE, INCLUDING BUT NOT LIMITED TO, ANY COUNSELING, TESTING OR THERAPY RELATED TO EXERCISE, NUTRITION, WEIGHT LOSS OR WELLNESS OR RELATED TO THE AVOIDANCE, PREVENTION, DIAGNOSIS OR TREATMENT OF ANY INJURY, ILLNESS, DISEASE OR CONDITION (COLLECTIVELY, ″HEALTHCARE SERVICES″). TO THE EXTENT PERMITTED BY APPLICABLE LAW, Mikhail Halavach IS NOT RESPONSIBLE FOR ANY HEALTH PROBLEMS THAT MAY RESULT FROM USING THE SERVICE. ANY HEALTH RELATED QUESTIONS SHOULD BE HANDL
8.2 THE SERVICE DOES NOT CLAIM TO BE APPROPRIATE FOR ALL PEOPLE AND CANNOT BE A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE SERVICES. YOU ACKNOWLEDGE THAT YOUR DIET AND EXERCISE ACTIVITIES INVOLVE RISKS WHICH MAY INCLUDE RISK OF INJURY OR DEATH, AND THAT YOU ASSUME THOSE RISKS. BEFORE ACCESSING OR USING THE SERVICE YOU AGREE TO RELEASE AND DISCHARGE Mikhail Halavach FROM ANY AND ALL ACTION, KNOWN OR UNKNOWN, ARISING OUT OF YOUR USE OF THE SERVICE.
8.3 YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL SHOULD BE CONSULTED PRIOR USING THE SERVICE TO DETERMINE WHETHER THE SERVICE WOULD BE SAFE FOR YOU. YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING OR USING THE SERVICE AGAINST MEDICAL ADVICE OR IN CASE OF ANY POSSIBLE HEALTH RISK. YOU ACKNOWLEDGE AND AGREE THAT YOU TAKE FULL RESPONSIBILITY FOR YOUR HEALTH, LIFE AND WELL-BEING.
8.4 YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT WE ARE NOT PROVIDING MEDICAL ADVICE VIA THE SERVICE. ALL CONTENT PROVIDED THROUGH THE SERVICE, WHETHER PROVIDED BY US OR THIRD PARTIES (EVEN IF THEY ARE CLAIMING TO BE A DOCTOR) IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF THE ADVICE OF YOUR PHYSICIAN OR OTHER PROFESSIONALS. WE ARE NOT RESPONSIBLE FOR ANY HEALTH PROBLEMS THAT MAY RESULT FROM TRAINING PROGRAMS, CONSULTATIONS, PRODUCTS, OR EVENTS YOU LEARN ABOUT THROUGH THE SERVICE.
8.5 Mikhail Halavach DOES NOT ASSUME ANY LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT FOOD RECIPES, EXERCICES OR OTHER CONTENT ON THE SERVICE. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE FOOD PRODUCTS, INCLUDING NUTRIENT CONTENT, INGREDIENTS, FOOD ALLERGEN AND CONTACT INFORMATION, AND HEALTH CLAIMS, BEFORE USING OR CONSUMING A PRODUCT.
8.6 Mikhail Halavach MAKES NO GUARANTEES CONCERNING THE LEVEL OF SUCCESS YOU MAY EXPERIENCE, AND YOU ACCEPT THE RISK THAT RESULTS WILL DIFFER FOR EACH INDIVIDUAL. THE TESTIMONIALS AND EXAMPLES THAT MAY BE PROVIDED ON THE SERVICE ARE NOT INTENDED TO REPRESENT OR GUARANTEE THAT ANYONE WILL ACHIEVE THE SAME OR SIMILAR RESULTS.
8.7 YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT ALL USERS OF THIS APPLICATION ARE RESPONSIBLE FOR THEIR OWN MEDICAL CARE, TREATMENT, AND OVERSIGHT. ALL OF THE CONTENT PROVIDED IN THE APPLICATION INCLUDING TEXT, OUTCOMES, CHARTS, PROFILES, GRAPHICS, PHOTOGRAPHS, IMAGES, ADVICE, MESSAGES, ARE FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE THE PROVIDING OF MEDICAL ADVICE AND IS NOT INTENDED TO BE A SUBSTITUTE FOR INDEPENDENT PROFESSIONAL MEDICAL JUDGMENT, ADVICE, DIAGNOSIS, OR TREATMENT. YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING YOUR HEALTH. YOU ALSO UNDERSTAND AND ACKNOWLEDGE THAT YOU SHOULD NEVER DISREGARD OR DELAY SEEKING MEDICAL ADVICE RELATING TO TREATMENT OR STANDARD OF CARE BECAUSE OF INFORMATION CONTAINED IN OR TRANSMITTED THROUGH THE APPLICATION. RECOMMENDATIONAL INFORMATION CHANGES CONSTANTLY. THEREFORE THE INFORMATION IN THIS APPLICATION OR ON THE LINKED WEBSITES SHOULD NOT BE CONSIDERED CURRENT, COMPLETE OR EXHAUSTIVE, NOR SHOULD YOU RELY ON SUCH INFORMATION TO RECOMMEND A COURSE OF TREATMENT FOR YOU OR ANY OTHER INDIVIDUAL. RELIANCE ON ANY INFORMATION PROVIDED IN THIS APPLICATION OR ANY LINKED WEBSITES IS SOLELY AT YOUR OWN RISK. RECOMMENDATIONAL INFORMATION IN THIS APPLICATION IS BASED ON OPEN SOURSES, TESTS AND ANALYSES WHICH YOU CAN FIND AT THE FOLLOWING LINKS:
9. IMPORTANT DISCLAIMERS
9.1 THE COMPANY DOES NOT OFFER OR PROVIDE ANY KIND OF MEDICAL ADVICE, HEALTH INSURANCE OR OTHER HEALTHCARE SERVICE, INCLUDING WITHOUT LIMITATION, ANY COUNSELING, TESTING, EVALUATION, PRESCRIPTION, PROCEDURE OR THERAPY RELATED TO EXERCISE, NUTRITION, WEIGHT LOSS OR WELLNESS OR RELATED TO THE AVOIDANCE, PREVENTION, DIAGNOSIS OR TREATMENT OF ANY INJURY, ILLNESS, DISEASE OR CONDITION (COLLECTIVELY, “HEALTHCARE SERVICES”).
9.2 THE SERVICE MAY NOT BE APPROPRIATE FOR ALL PERSONS AND IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE SERVICES. THE SERVICE IS INTENDED ONLY AS A TOOL WHICH MAY BE USEFUL IN ACHIEVING YOUR OVERALL HEALTH AND FITNESS GOALS. YOU ACKNOWLEDGE THAT YOUR DIET AND EXERCISE ACTIVITIES INVOLVE RISKS WHICH MAY INVOLVE RISK OF BODILY INJURY OR DEATH, AND THAT YOU ASSUME THOSE RISKS. BEFORE ACCESSING OR USING THE SERVICE, AND AGREE TO RELEASE AND DISCHARGE THE COMPANY FROM ANY AND ALL ACTION, KNOWN OR UNKNOWN, ARISING OUT OF YOUR USE OF THE SERVICE.
9.3 YOU SHOULD CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL TO DETERMINE WHETHER THE SERVICE WOULD BE SAFE AND EFFECTIVE FOR YOU. YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING OR USING THE SERVICE AGAINST MEDICAL ADVICE OR IF DOING SO MIGHT POSE ANY HEALTH RISK. IN THIS CONTEXT, YOU ACKNOWLEDGE THAT YOU TAKE FULL RESPONSIBILITY FOR YOUR HEALTH, LIFE AND WELL-BEING, AS WELL AS THE HEALTH, LIVES AND WELL-BEING OF YOUR FAMILY AND CHILDREN (BORN AND UNBORN, AS APPLICABLE), AND ALL DECISIONS NOW OR IN THE FUTURE.
9.4 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT WE ARE NOT PROVIDING MEDICAL ADVICE VIA THE SERVICE. ALL CONTENT PROVIDED THROUGH THE SERVICE, WHETHER PROVIDED BY US OR THIRD PARTIES (EVEN IF THEY ARE CLAIMING TO BE A DOCTOR) IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (I) THE ADVICE OF YOUR PHYSICIAN OR OTHER PROFESSIONALS, (II) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (III) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. WE ARE NOT RESPONSIBLE FOR ANY HEALTH PROBLEMS THAT MAY RESULT FROM TRAINING PROGRAMS, CONSULTATIONS, PRODUCTS, OR EVENTS YOU LEARN ABOUT THROUGH THE SERVICE. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. IF YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY.
9.5 YOUR USE OF THE SERVICE DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND THE COMPANY.
9.6 THE COMPANY DOES NOT ASSUME ANY LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT FOOD RECIPES, EXERCICES OR OTHER CONTENT ON THE SERVICE. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE FOOD PRODUCTS, WHETHER ONLINE OR ON THE ACTUAL PRODUCT PACKAGING AND LABELS, INCLUDING NUTRIENT CONTENT, INGREDIENTS, FOOD ALLERGEN AND CONTACT INFORMATION, AND HEALTH CLAIMS, BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A FOOD PRODUCT, PLEASE CONTACT THE MANUFACTURER DIRECTLY.
9.7 WE MAKE NO GUARANTEES CONCERNING THE LEVEL OF SUCCESS YOU MAY EXPERIENCE, AND YOU ACCEPT THE RISK THAT RESULTS WILL DIFFER FOR EACH INDIVIDUAL. THE TESTIMONIALS AND EXAMPLES THAT MAY BE PROVIDED ON THE SERVICE ARE EXCEPTIONAL RESULTS, WHICH DO NOT APPLY TO AN AVERAGE PERSON, AND ARE NOT INTENDED TO REPRESENT OR GUARANTEE THAT ANYONE WILL ACHIEVE THE SAME OR SIMILAR RESULTS. THERE IS NO ASSURANCE THAT EXAMPLES OF PAST FITNESS RESULTS CAN BE DUPLICATED IN THE FUTURE. WE CANNOT GUARANTEE YOUR FUTURE RESULTS AND/OR SUCCESS. NOR CAN WE GUARANTEE THAT YOU MAINTAIN THE RESULTS YOU EXPERIENCE IF YOU DO NOT CONTINUE FOLLOWING OUR PROGRAMS.
9.8 EACH INDIVIDUAL′S HEALTH, FITNESS, AND NUTRITION SUCCESS DEPENDS ON HIS OR HER BACKGROUND, DEDICATION, DESIRE, AND MOTIVATION. AS WITH ANY HEALTH-RELATED PROGRAM OR SERVICE, YOUR RESULTS MAY VARY, AND WILL BE BASED ON MANY VARIABLES, INCLUDING BUT NOT LIMITED TO, YOUR INDIVIDUAL CAPACITY, LIFE EXPERIENCE, UNIQUE HEALTH AND GENETIC PROFILE, STARTING POINT, EXPERTISE, AND LEVEL OF COMMITMENT. THE USE OF THE SERVICE SHOULD BE BASED ON YOUR OWN DUE DILIGENCE AND YOU AGREE THAT THE COMPANY IS NOT LIABLE FOR ANY SUCCESS OR FAILURE OF YOUR PHYSIQUE THAT IS DIRECTLY OR INDIRECTLY RELATED TO THE PURCHASE AND USE OF THE SERVICE.
9.9 IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THESE TERMS, THE COMPANY DISCLAIMS ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED ON THE SERVICE. YOU ARE ENCOURAGED TO CONSULT WITH YOUR DOCTOR AND OTHER RELEVANT PROFESSIONALS WITH REGARD TO THE INFORMATION CONTAINED ON OR ACCESSED THROUGH THE SERVICE.
Only the English version of this document has legal effect. Any translations of this document to other languages are provided for your convenience only.