Terms and Conditions ("Terms")

Last updated: May 20, 2016

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using our online services (the "Service" or “Services”) operated by Diske Ltd ("us", "we", or "our"), which are made available to you through a variety of platforms, including www.Fudbot.com (the “Website”) and through our mobile app, which is accessible through tablets, cell phones, personal digital assistants, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform” or the “Fudbot”.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service, and may be updated by us from time to time without notice to you.

By accessing and using the Platform, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Services.

Description of Services

Fudbot™ is an online social network, designed to manage and improve users diet, physical condition and health in a holistic fashion. It acts as an interface between consumers, pharmacists, doctors, nurses, physiotherapist and personal trainers, to name a few. It is a flexible and customizable multitool system that monitors and tracks non-vital functions, collects big data and expresses it to users in understandable form and generates personalized health data.

Fudbot™ Personal is meant for consumers. It contains both free and paid content.

Fudbot™ Coach is meant for personal trainers and fitness centers to provide online coaching and other services.

Fudbot™ Sport is meant for sports club and teams to provide online coaching and other online services related to team play and coaching.

Fudbot™ Medical is meant for hospitals and pharmacies. Fudbot™ Medical is approved and registered as Class I medical device in Finland.

Login is required for all users. Users can use the Platform as provided, and may: (a) execute transactions for goods and services, such as fitness instructional programs and nutrition programs (each, an “Order”); (b) participate in our promotional offers; (c) sign up for alerts and other notifications; and (d) post statuses comments and other content (“User Content”).

We provide users with access to the Platform as described in this Agreement. We are under no obligation to accept any individual as a user, and may accept or reject any user in our sole and complete discretion.

Restrictions

Fudbot™ is available for individuals 16 years or older. If you are under 16, please do not use Fudbot™. By accessing and using Fudbot™, you represent and warrant that you are at least 16 years old.

Disclaimer

Fudbot™ Personal, Coach or Sport is not medical software and will not provide you any medical advice or diagnosis. The purpose of the Services is solely to help our users to record what they eat, how they exercise and to track their health, weight and fitness progress. Information made available through the Services and by our partners and affiliates shall solely be used for recreational and educational purposes.

Our Services are only intended for healthy adults, and please do not use our Services if you suffer from, or might suffer from, any medical condition that may be impaired by diet or exercise. Nutritional information found in our database has not been verified, investigated or reviewed by us and therefore we cannot guarantee that the nutritional information provided in our database is accurate, reliant or complete.

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Diske Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

You should consult your physician before starting any exercise program or nutrition program. This is particularly true if any of the following apply to you:

If none of these apply to you, you should nonetheless start any exercise program gradually and sensibly. If you feel any of the physical symptoms listed above when you start your exercise program, you should contact your physician immediately.

The information and materials contained on the platform are provided for educational and informational purposes only. Fudbot™ and the experts on our platform are not engaged in rendering medical advice or recommendations. This site is not a substitute for professional medical advice and treatment or your consultation with qualified physicians and other health care professionals regarding your individual health needs.

Intellectual property

All rights in and to the Services, including any trademarks, service marks, trade names and copyrighted content (collectively “Intellectual Property”) presented within the Service are the property of Fudbot™ and/or third-parties. You agree not to use Intellectual Property for any other purposes except for your use of the Service, unless required otherwise by applicable mandatory law.

By submitting User Material to Fudbot™, you warrant and represent that you hold the copyright, trademark and/or other intellectual property rights to your content. You agree to grant Fudbot™ a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use User Material to the extent necessary for Fudbot™ to operate and maintain the Service. This license shall remain valid until the respective User Material is deleted from the Service by you or by us in accordance with these Terms.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third-party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

During the registration, if you do not sign in via one of your social media accounts, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and some additional. When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one user.

You are solely responsible for the confidentiality and use of your Sign-In Name and Password, as well as for any use, misuse, or communications entered through the Platform using one or more of them. We reserve the right to delete or change any of your information at any time and for any reason. Diske Ltd will not be liable for any loss or damage caused by any unauthorized use of your account.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases. You also agree that Diske Ltd may immediately authorize your credit card (or other approved facility) for payment for any Orders made under your Password on the Platform.

If you need to cancel any of your subscriptions for whatever reason, it is your sole responsibility to cancel that subscription yourself by mail or internal message. Verbal discussion and acknowledgement of desire to cancel does not qualify as a cancellation.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Diske Ltd.

Diske Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Diske Ltd 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 of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Limitation Of Liability

In no event shall Diske Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third-party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Indemnification

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use, or misuse of the Platform, the Content, or our Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Finland, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.

Diske Ltd
Reviirikatu 14
70840 Kuopio
Finland

Code of Conduct

We want people to feel safe when using Fudbot. Since our users come from many different backgrounds, it is important to have a set of rules in place to ensure that everyone is enjoying using Fudbot. These policies will help you understand what type of sharing is allowed on Fudbot, and what type of content may be reported to us and removed.

We may remove content, disable accounts and work with law enforcement when we believe that there is a genuine risk of physical harm or direct threats to public safety. By not following the code of conduct below, users are subject to the following actions: a warning, account suspension, or account termination.

We do not refund anything if account suspension or account termination is caused by neglect of the code of conduct.

Limitations of using Fudbot:
Advertising
You may not advertise anything without our approval.

Impersonation and Fake Accounts

Albeit you can use Fudbot anonymously by providing only a nickname, you may not impersonate others or use face accounts in a manner that does or is intended to mislead, confuse, or deceive others, or to reach unjustified profit of any kind.

Inappropriate Usernames

Usernames must not contain any visible or hidden vulgarities

Multiple accounts

You may not create multiple accounts on Fudbot.

Harassing, Bullying, Discouraging or Hate Speech

We do not tolerate any harassment, bullying, discouraging or hate speech. We will remove content that appears to purposefully target private individuals with the intention of degrading or shaming them.

You may neither use your or anyone else’s profile information, or any other activities to harass or bully other users, nor you may interact with another user with the explicit intent of discouraging the user from participating in the Fudbot community.

We will remove hate speech, which includes content that directly attacks people based on their race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, or serious disabilities or diseases.

Criminal Activity

You may not use the Fudbot platform to engage in any sort of criminal activity.

Regulated Goods

We prohibit any attempts by unauthorized dealers to purchase, sell or trade any regulated goods.

Fake Content

You may not post or create any fake content to the platform.

Pornography, Violence, Graphic Content and Exploitation

We will not tolerate any pornographic or violent content or material. We will remove content that threatens or promotes sexual violence or exploitation and graphic images when they are shared for glorifying violence.