Effective date: April 29, 2020
END-USER LICENSE AGREEMENT FOR UREGIMEN
PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (“TERMS” / “AGREEMENT”) CAREFULLY BEFORE USING THE MOBILE APPLICATION UREGIMEN DEVELOPED AND MAINTAINED BY DODONA BULGARIA EOOD, A COMPANY INCORPORATED UNDER THE LAWS OF THE REPUBLIC OF BULGARIA (“DODONA”/”WE”/”US”). BY CLICKING THE “SIGN-UP” / “ACCEPT” OR SIMILAR BUTTON IN THE RESPECTIVE FORM IN THE MOBILE APPLICATION OR BY USING OUR MOBILE APPLICATION IN ANY MANNER, YOU (“YOU”/”USER”) ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND TO BE A PARTY TO THIS AGREEMENT. YOU REPRESENT AND WARRANT THAT YOU HAVE REACHED THE FULL LEGAL AGE TO ACCEPT THIS AGREEMENT. IF YOU DO NOT AGREE TO COMPLY WITH AND TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE OUR MOBILE APPLICATION.
IF YOU PURCHASE UREGIMEN PREMIUM YOU ACKNOWLEDGE THAT THIS IS CONSIDERED A ONE-TIME PURCHASE. AFTER PURCHASING UREGIMEN PREMIUM IT WILL BE IMMEDIATELY ACCESSIBLE FOR DOWNLOADING TO YOU THROUGH THE UPDATE CENTER AS DIGITAL CONTENT WHICH IS NOT SUPPLIED ON A TANGIBLE MEDIUM, AND YOU WILL GAIN IMMEDIATE UNRESTRICTED ACCESS TO UREGIMEN PREMIUM’S CONTENT AND FUNCTIONALITIES IN FULL. BY CLICKING ON THE “PURCHASE PREMIUM” OR SIMILAR BUTTON IN THE RESPECTIVE FORM FOR PURCHASING UREGIMEN PREMIUM, YOU GIVE YOUR EXPRESS AND PRIOR CONSENT TO BEGIN TO PERFORMANCE OF THE AGREEMENT BEFORE THE EXPIRY OF THE 14-DAYS PERIOD FOR EXERCISING THE RIGHT OF WITHDRAWAL AND CONFIRM THAT YOU ARE AWARE THAT YOU WILL LOSE YOUR RIGHT OF WITHDRAWAL ONCE WE HAD BEGUN TO PERFORM THE AGREEMENT AND UREGIMEN PREMIUM BECOME AVAILABLE TO YOU.
1.1. Dodona hereby grants to you, subject to these Terms, and you hereby accept, a non-exclusive, revocable, non-assignable, non-transferable license to use the mobile application URegimen together with all features, functionalities and content, incl. graphics, photos, recipes, etc., available to you through URegimen (“collectively referred to as “URegimen” or “App”) only as authorized under these Terms.
1.2. You acknowledge and agree that the App is a proprietary product of Dodona Bulgaria EOOD and/or its licensors and is protected under Bulgarian copyright law and any other applicable copyright laws. You further acknowledge and agree that all rights, title, and interest in and to the App, including associated intellectual property rights, are and shall remain the property of Dodona Bulgaria EOOD and/or its licensors. This Agreement does not convey to you an interest in or to the App, but only a non-exclusive, revocable and limited right of use in accordance with this Agreement.
1.3. URegimen is available for your personal use only. The use of URegimen for commercial purposes is strictly prohibited. Except as expressly permitted in these Terms, you may not, and may not permit or aid others to: (i) distribute, rent, lease, market, sublicense, resell or otherwise transfer the App; (ii) use the App as a service bureau or otherwise to provide services to third parties (iii) reverse engineer, decompile or disassemble all or any portion of the App; (iv) update, modify, reproduce, duplicate, copy, distribute or otherwise disseminate the App; (v) extract the source code from the object code of the App; or (vi) destroy or otherwise remove any proprietary notices or labels on or embedded within the App.
URegimen is made available to you through downloading from the respective app store providers (e.g. Apple or Google), for a trial period of 2 (two) calendar days (a “two day trial”). During the two day trial you can test some features of URegimen to allow you to determine whether you would like to purchase the full version of the URegimen - the URegimen Premium. At the end of the trial period, the trial license granted to you hereunder will expire and you will no longer be able to access certain features unless you purchase a license for URegimen Premium. You agree and acknowledge that the trial license and the trial period automatically expire upon purchasing the URegimen Premium. The two day trial is a one-time license, and upon its expiry you are not allowed to use the full version of the App before paying the applicable license fee for URegumen Premium.
If you purchase license for URegimen Premium you will get the full access and right to use URegimen Premium which means right to use URegimen Premium for an indefinite period of time, and as long as URegimen Premium is being supported by your device and your operating system for your mobile device. This includes full access to and right to use all features and content of URegimen Premium including the innovative regimen, recipes, shopping lists, workout video classes, information about the concept of the program, dietary guidelines section and much more helpful information.
You will need to sign-up and open a user account in order to use URegimen. After you download and install URegimen you will be asked to complete the registration process. After that you will be able access the App by entering your email address and password. You are responsible for keeping your password confidential. If you forget your password, you will be able to restore it by using the function “Forgotten password?” in URegimen.
Note, that when you download, initiate the installation of or purchase content as part of an in-app purchase of the respective app store provider (e.g. Apple, Google) in the respective app store, these transactions are subject to the terms and condition to the respective app store provider, while the license for the use of the App is subject to this Agreement. Therefore, in order to obtain a valid license, you will need to accept these Terms.
The use of URegimen Premium requires purchasing the license for its use. You can purchase the license for the use of URegumen Premium via in-app purchases. In-app purchases are extra content or features that you can buy in apps on your device using the service of your app store provider (e.g. Apple, Google). The respective app-store provider will bill you and facilitate the payment process. For more information about in-app purchases and payment methods, please refer to your app store provider.
7.1. The purchase of URegimen Premium is considered a one-time purchase. After purchasing URegimen Premium it will be immediately accessible to you as digital content which is not supplied on a tangible medium, and you will gain immediate unrestricted access to URegimen Premium’s content and functionalities in full.
7.2. By purchasing URegimen Premium when clicking on the “Purchase Premium” or similar button in the respective form, you give your express consent and prior consent the performance of the Agreement to begin before the expiry of the 14-days period for exercising the right of withdrawal and confirm that you are aware that you will lose your right of withdrawal once we had begun to perform the Agreement and URegimen Premium become available to you.
8.1. These Terms shall become effective upon finalizing the “Sign-Up” process and accepting them and shall continue until terminated as permitted herein.
8.2. You may terminate this Agreement at any time during the trial period by deleting your user account and removing the App from your device. Upon the expiry of the trial period your rights to use certain features of URegimen will be considered automatically terminated, unless you purchase URegimen Premium.
8.3. You may terminate this Agreement also at any time after the purchase of URegimen Premium, by deleting your user account and removing the App from your device. You acknowledge that since the purchase of URegimen Premium is one-time purchase and since you consented the performance of the Agreement to begin before the expiry of the 14-days period for exercising the right of withdrawal, the termination of the Agreement, unilaterally from your side as described in this clause will not result in any obligation for us or for your app store provider to refund the purchase price for the URegimen Premium.
8.4. This Agreement shall be terminated: (1) at the date of termination of any of the parties; (2) upon mutual agreement between the parties; or (3) in other cases stipulated by the applicable law or in these Terms.
8.5. Upon termination or rescission of the Agreement, you agree to immediately cease the use of the App and to remove the App from all your devices.
9.1. UREGIMEN (both the trial version and URegimen Premium) IS BEING PROVIDED FOR INFORMATION PURPOSES ONLY AND ARE NOT INTENDED TO REPLACE A CONSULTATION PROVIDED BY A DOCTOR OR OTHER QUALIFIED MEDICAL PRACTITIONER. YOU SHOULD NOT USE THE INFORMATION AND ADVICES CONTAINED ON UREGIMEN TO DIAGNOSE AND TREAT A HEALTH PROBLEM OR DISEASE. YOU SHOULD ALWAYS SEEK MEDICAL ADVICE OR INFORMATION ABOUT DIAGNOSIS AND TREATMENT OF A HEALTH CONDITION BY A DOCTOR OR OTHER HEALTHCARE PROFESSIONAL.
9.2. YOU CONFIRM THAT YOU WILL USE UREGIMEN AT YOUR OWN RISK. YOU SHOULD PERFORM ALL TRAININGS AND REGIMENS ONLY IF YOU ARE IN A GOOD HEALTH CONDITION. ALWAYS SEEK MEDICAL ADVICE BEFORE STARTING TO USE UREGIMEN IF YOU HAVE ANY DOUBTS OR KNOWLEDGE OF ANY HEALTH COMPLAINTS. ALWAYS VERIFY WHETHER A RECIPE CONTAINS ANY INGREDIENTS TO WHICH YOU ARE ALLERGIC OR WHICH COULD CAUSE ANY OTHER DETRIMENTAL REACTION OF YOUR BODY. ALWAYS MAKE SURE THAT YOU TRAIN WITHIN YOUR INDIVIDUAL LIMITS AND HEALTH CONDITION AND MONITOR YOUR CONDITION DURING THE WORKOUTS.
9.3 You understand that when participating in any training program, there is a possibility of physical injury. If you engage in URegimen workout program, you agree that you do so at your own risk, are voluntarily participating in these activities and assume all risk of injury to yourself. You should ensure that when you perform the workouts, you are doing so in an appropriate and enough spacious premise. You undertake to not perform any exercises in a place where there is a risk of injury or in an inappropriate closeness to dangerous objects (e.g. in a premise with unstable, wet or slippery floor, close to furniture that are not attached in a stable manner to the walls, close to objects which may fall during your exercising and may cause injuries).
THE APP IS LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, DODONA BULGARIA EOOD DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES, FOR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY’S RIGHTS. DODONA BULGARIA EOOD IS NOT OBLIGED TO AND DOES NOT GUARANTEE THAT THE SERVICES WILL SATISFY THE USER’S REQUIREMENTS OR THAT THE ANY SERVICES WILL BE UNINTERRUPTED, TIMELY AND SECURE.
11.1. BY ACCEPTING THE PRESENT AGREEMENT, THE USER DECLARES THAT THE USE OF UREGIMEN SHALL BE ENTIRELY AT HIS/HER RISK AND LIABILITY, AND THE PARTIES AGREE THAT DODONA BULGARIA EOOD SHALL NOT BE LIABLE FOR ANY DAMAGES THAT MIGHT BE INCURRED BY THE USER IN THE COURSE OF THE USE UREGIMEN, UNLESS SUCH DAMAGES ARE CAUSED BY DODONA BULGARIA EOOD INTENTIONALLY OR ARE DUE TO GROSS NEGLIGENCE.
11.2. DODONA BULGARIA EOOD SHALL NOT BE LIABLE FOR NON-PROVISION OF THE SERVICES OWING TO ANY CIRCUMSTANCES BEYOND THEIR CONTROL – IN CASES OF FORCE MAJEURE EVENTS, ANY PROBLEMS IN THE GLOBAL INTERNET AND IN THE SERVICE PROVISION BEYOND THE CONTROL OF DODONA BULGARIA EOOD, ANY PROBLEMS DUE TO THE USER’S EQUIPMENT, AS WELL AS IN CASE OF UNAUTHORISED ACCESS OR INTERVENTION BY THIRD PARTIES IN THE OPERATION OF DODONA BULGARIA’S INFORMATION SYSTEM OR SERVERS.
12.1. These Terms shall be construed and governed in accordance with the laws of the Republic of Bulgaria. The United Nations Convention on Contracts for the International Sales of Goods shall not apply to these Terms. If you are a consumer under the meaning of the EU consumer protection legislation and have habitual residence in EU Member State, the choice of law does not deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the law of the country where you have habitual residence.
12.2. The parties agree to use their best reasonable efforts to resolve any dispute arising out of or in connection with this Agreement, including any issues regarding its existence, validity or termination. The Parties agree that disputes arising out of this Agreement will be under the jurisdiction of the competent courts of Sofia, Bulgaria. If the User is a consumer under the meaning of the EU consumer protection legislation, has habitual residence in EU Member State, the parties are entitled to refer any dispute arising from or relating to the subject matter of this Agreement also to the competent state courts according the laws of the country where User has habitual residence.
If any action is brought by either party to this Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney’s fees and litigation costs.
The language of the Agreement is English.
This Agreement sets forth the entire understanding and agreement between you and Dodona Bulgaria EOOD, and supersedes all prior agreements, whether written or oral, with respect to the App, and may be amended only in writing in compliance with the applicable law.
16.1. If any provision of this Agreement is held to be void or unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This shall have no effect on the other provisions hereof. The invalid clause will be replaced by the mandatory rules of the law or by the established practice.
16.2. No clause in this Agreement derogates the applicable mandatory provisions of law (i.e. consumers protection rules) and in case of any contradiction to such provisions, the respective legal provision shall apply to the extent necessary to comply with the mandatory provisions of the applicable legislation.
The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party with respect to subsequent enforcement of rights or subsequent actions in the event of future breaches.
You shall indemnify and hold Dodona Bulgaria EOOD harmless from any loss and liability that it may incur, including costs, claims, demands or judgments, arising out of any breach of your obligations pursuant to the terms of this Agreement.
The written form shall be considered accomplished with sending an e-mail, clicking on a virtual button in mobile application or other similar actions, as far as the statement is technically stored in a way that allows it to be reproduced. You agree that all and any communication and documents between you and Dodona may be exchanged by email or by other electronic means. You agree that we will provide you with a confirmation for the Terms in electronic form only and agree to not require a non-electronic signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. All notices to Dodona with respect to this Agreement should be sent to the following email: firstname.lastname@example.org
URegimen is being developed and maintained by Dodona Bulgaria EOOD, a company incorporated under the laws of Republic of Bulgaria having its seat and registered address: in Bulgaria, Pazardzhik 4400, 66 Odrin Str., registered in the Commercial Register in the Registry Agency under UIC: 203449714, tel. +359879048088:, email.: email@example.com