ATE by Piqniq Terms of Service
Updated and effective as of January 26, 2017
Welcome! At Piqniq, (“Piqniq,” “ATE,” “we,” “our” or “us”), our small team works hard to provide a service via our mobile application (including any other features, content or mobile application offered from time to time by Piqniq, the “Service” or “Services”) and website (piqniq.co and youate.com) to help users (“Users,” “you,” “your”) track and comment on their own meals and shared their history with people they choose to share it with. By using the Piqniq or ATE mobile applications and our websites, www.piqniq.co and youate.com (“site”) you agree to these Piqniq Terms and Conditions (“terms”). These terms apply to all user of the site.
Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
Who May Use the Services
You may use the Services only if you are 18 years or older and capable of forming a binding contract with Piqniq and are not barred from using the Services under applicable law.
Registration and Your Information
If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this via the mobile application or through your account with certain third-party social networking services such as Facebook or Twitter (each, an “SNS Account”). If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at email@example.com. If you provide us any Feedback, you agree that we may use, copy, modify, create derivative works of and otherwise exploit the Feedback for any purpose.
- Piqniq acts merely as a developer of the ATE app and youate.com website. The app and website can be used to track your meals and help you flag them as on or off path. You can also save additional information for each post for future reference.
- Piqniq and ATE are not a healthcare provider or nutrition expert. We only provide tools to make tracking your meals easier. Your food choices and nutrition plans you choose to follow our your own decisions and you are responsible for their effect on your well being.
- Statistics provided by the app are designed to help you stay on path and allows you to get a general feeling about your past choices. They are not strict indicators of your health or nutritional plans.
- Ate allows you to connect with friends and coaches you trust. We provide the opportunity to communicate and share data with these people. However, we are not responsible for the advice and guidenance they might be giving you.
- Users of Piqniq/ATE mobile application are reliable for observing all regulations if they have or not to pay taxes in their country due to any earnings as a result of connections they make through Piqniq/ATE.
Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the modified Terms because if you continue to use the Services after we’ve let you know that the Terms have been modified, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms then you may no longer use the Services. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Content and Content Rights
For purposes of these Terms: (i) “Content” means text, graphics, images, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
Content Ownership, Responsibility and Removal
Piqniq does not claim any ownership rights in any User Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Piqniq/ATE and its Users exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You
By making any User Content available through Services you hereby grant to Piqniq a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, view, download, and print your User Content in connection with operating and providing the Services and Content.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content, nor any use of your User Content by Piqniq on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it. However, in certain instances some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We’re not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Content from Social Media and Networking Sites
As noted above, you can create your Account via an SNS Account. If you do this, you will link your SNS Account to your Piqniq/ATE Account.
By linking your SNS Account to your Piqniq/ATE Account, you understand that Piqniq/ATE will access, make available and store (if applicable) any content that you have provided to and stored in your SNS Account so that it is available on and through the Services via your Account. Unless otherwise specified in these Terms, all such content, if any, will be considered to be User Content for all purposes of these Terms. Depending on the SNS Accounts you choose and subject to the privacy settings that you have set in such SNS Accounts, personally identifiable information that you post to your SNS Accounts will be available on and through your Account. Please note that if an SNS Account or associated service becomes unavailable or Piqniq’s access to such SNS Account is terminated by the third party service provider, then the content from your SNS Account will no longer be available on and through the Services. You may disable the connection between your Account and your SNS Accounts by emailing us at firstname.lastname@example.org with your request. We’ll take steps to disable such connection as soon as practicable. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SNS ACCOUNT SERVICE PROVIDERS ASSOCIATED WITH YOUR SNS ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS ACCOUNT SERVICE PROVIDERS. IN ADDITION, AT NO POINT DO WE HAVE ACCESS TO OR STORE YOUR SNS LOGIN CREDENTIALS. WE USE AUTHENTICATION METHODS PROVIDED BY THE SNS SERVICE PROVIDERS TO VERIFY USER IDENTITIES.
Rights in Content Granted by Piqniq
Subject to your compliance with these Terms, Piqniq grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
We ask that you respect our community of users and our desire for such users to feel safe when using the Services, including any Content. Accordingly, you agree that you’ll only use the Services in a manner that is consistent with our Community Use Guidelines set forth below. If you use the Services in a manner that is inconsistent with our Community Guidelines we might have to suspend or terminate your Account.
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Site, or any individual element within the Site or Services, Piqniq’s name, ATE’s name, any Piqniq trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Piqniq’s express written consent;
- Access, tamper with, or use non-public areas of the Site, Piqniq’s computer systems, or the technical delivery systems of Piqniq’s providers;
- Attempt to probe, scan, or test the vulnerability of any Piqniq system or network or breach any security or authentication measures.
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Piqniq or any of Piqniq’s providers or any other third party (including another user) to protect the Services or Content;
- Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Piqniq or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Piqniq trademark, logo URL or product name without Piqniq’s express written consent;
- Use the Services or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Piqniq’s Enforcement Rights
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law or other legal requirements.
Links to Third Party Websites or Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at email@example.com. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Payments by other Users.
You will indemnify and hold harmless Piqniq and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
Limitation of Liability
NEITHER PIQNIQ NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PIQNIQ HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL PIQNIQ’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT.
These Terms and any action related thereto will be governed by the laws of Hungary without regard to its conflict of laws provisions.
Agreement to Arbitrate
You and Piqniq agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. The exclusive jurisdiction and venue of any IP Protection Action will be the courts located in Hungary and each of the parties hereto waives any objection to jurisdiction and venue in such courts. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
These Terms constitute the entire and exclusive understanding and agreement between Piqniq and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Piqniq and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Piqniq’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Piqniq may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Piqniq under these Terms, including those regarding modifications to these Terms, will be given by Piqniq: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Piqniq’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Piqniq. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services please contact Piqniq at:
541 Jefferson Ave.
Redwood City, CA 94063
Updated and effective as of January 26, 2017
How do we collect and use information?
Our primary goals in collecting information are to provide and improve our Services, to administer your use of the Services (including your Account, if you are an Account holder), and to enable you to enjoy and easily navigate our Services.
Account Information. When you create an Account we’ll collect certain information that can be used to identify you, such as your name, email address, and photo (“Personally Identifiable Information” or “PII”). We may also collect certain information that is not PII because it cannot be used by itself to identify you, such as your individual preferences. If you choose to create or sign-in to an Account through one of your SNS Accounts via a third-party social networking services such as Facebook or Twitter (each, an “SNS Account”), you may have to provide us with your username (or userID) so that your identity can be authenticated by the SNS Account. When the authentication is complete, we’ll be able to link your Account with the SNS Account and access certain PII, such as your name and email address, and other PII that your privacy settings on the SNS Account permit us to access. We don’t receive or store passwords for any of your SNS Accounts. We may use your PII to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the Opt-Out procedure described in this policy below.
Information Related to Use of the Services. Our servers automatically record certain information about how a person uses our Services (we refer to this information as “Log Data. Log Data may include information such as a User’s Internet Protocol (IP) address, browser type, operating system, the web page that a User was visiting before accessing our Services, the pages or features of our Services to which a User browsed and the time spent on those pages or features, search terms, the links on our Services that a User clicked on (including Ads clicked on) and other statistics. We use this information to administer the Services and we analyze (and may engage third parties to analyze) this information to improve and enhance the Services by expanding their features and functionality and tailoring them to our Users’ needs and preferences. We may use a person’s IP address to fight spam, malware and identity theft. We also use the IP Address to generate aggregate, non-identifying information about how our Services are used.
Location Information. In some cases we collect and store information about where you are located, such as by converting your IP address into a rough geolocation. We may use location information to improve and personalize our Services for you.
What Information Do We Share With Third Parties?
We will not share any PII that we have collected from you except as described below: Information Shared with Our Services Providers. We may engage third party service providers to work with us to administer and provide the Services. These third-party services providers have access to your PII only for the purpose of performing services on our behalf.
Information Shared with Third Parties. We may share aggregated information and non-identifying information with third parties for industry analysis, demographic profiling and other similar purposes. We may also provide your PII to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you. You can, at any time, opt out of receiving such communications by sending an e-mail to firstname.lastname@example.org.
Information Disclosed in Connection with Business Transactions. Information that we collect from our users, including PII, is considered to be a business asset. As a result, if we go out of business or enter bankruptcy or if we are acquired as a result of a transaction such as a merger, acquisition or asset sale, your PII may be disclosed or transferred to the third-party acquirer in connection with the transaction.
Information Disclosed for Our Protection and the Protection of Others. It is our policy to protect you from having your privacy violated through abuse of the legal systems, whether by individuals, entities or government, and to contest claims that we believe to be invalid under applicable law. However, it is also our policy to cooperate with government and law enforcement officials and private parties. Accordingly, we reserve the right to disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary: (i) to satisfy or comply with any applicable law, regulation or legal process or to respond to lawful requests, including subpoenas, warrants or court orders; (ii) to protect our property, rights and safety and the rights, property and safety of third parties or the public in general; and (iii) to prevent or stop activity we consider to be illegal or unethical.
Information We Disclose With Your Consent or at Your Request. We will share your PII with third-party sites or platforms, such as social networking sites, if you have expressly requested that we do so.
The Security of Your Information
We take reasonable measures to protect the information that we collect from or about you (including your PII) from unauthorized access, use or disclosure. When you enter sensitive and/or personally-identifying information on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). However, no method of transmission over the internet, or method of electronic storage, is 100% secure. Accordingly, we cannot guarantee the absolute security of any information you provide to us.
Links to Other Sites
Messaging Via a Piqniq/ATE Account
As part of our Services, Account holders may communicate with other Account holders, through use of direct messaging associated with their Accounts. Your email address will not be visible to other Account holders in such communications.
Modifying Your Information
You can access and modify certain PII associated with your Account by editing the profile page in your Account. If you want us to delete your PII and your Account, please contact us at email@example.com with your request. We’ll take steps to delete your information as soon as is practicable, but some information may remain in archived/backup copies for our records or as otherwise required by law.
Use of Contact Information
In addition, we may use your contact information to market to you, and provide you with information about, our products and services, including but not limited to our Service. If you decide at any time that you no longer wish to receive such information or communications from us, please un-follow us, or follow the unsubscribe instructions provided in any of the communications.
Our Policy Toward Children
Our Services are not directed to children under 18 and we do not knowingly collect PII from children under 18. If we learn that we have collected PII of a child under 13 we will take steps to delete such information from our files as soon as possible.