SNACKMENTS - TERMS AND CONDITIONS
Last Updated: May 14, 2025
1. INTRODUCTION
Welcome to Snackments, a mobile application designed to help users become more active through exercise suggestions. These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Snackments ("Company," "we," "us," or "our") governing your use of the Snackments mobile application (the "App"), including all related content, features, and services.
By downloading, installing, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not download, install, access, or use the App.
2. ELIGIBILITY
You must be at least 18 years old to use the App. By using the App, you represent and warrant that you are at least 18 years old. If you are under 18 years old, you may only use the App with the involvement and consent of a parent or legal guardian.
3. ACCOUNT REGISTRATION
3.1 Account Creation
You may be required to create an account to access certain features of the App. When registering for an account, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete.
3.2 Account Security
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
4. HEALTH DISCLAIMER
4.1 Not Medical Advice
The content provided through the App, including exercise suggestions and activity recommendations, is for informational and educational purposes only and is not intended as medical advice, diagnosis, or treatment. The App is not a substitute for professional medical advice, diagnosis, or treatment.
4.2 Consult Healthcare Provider
Before starting any exercise program or physical activity regimen suggested by the App, you should consult with a qualified healthcare provider, particularly if you have any pre-existing health conditions, injuries, or other medical concerns.
4.3 Personal Responsibility
You are solely responsible for your decision to engage in any exercise or activity suggested by the App. You acknowledge and agree that there are inherent risks associated with physical activities, and you assume all risks associated with your use of the content provided through the App.
5. LICENSE AND APP USE
5.1 Limited License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App for your personal, non-commercial use on compatible devices that you own or control.
5.2 Restrictions
You agree not to, and will not permit others to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the App;
- Copy or use the App for any purpose other than as permitted under these Terms;
- Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the App;
- Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers, or licensors;
- Use the App to transmit any viruses, malware, or other types of malicious software, or any material that is defamatory, offensive, or otherwise objectionable;
- Use the App in any way that could damage, disable, overburden, or impair the App or interfere with any other party's use of the App;
- Use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App.
6. USER CONTENT
6.1 User Content Definition
"User Content" means any content that you submit, post, upload, or otherwise make available through the App, including comments, feedback, and personal activity data.
6.2 Ownership of User Content
You retain all rights in and to your User Content. By submitting User Content to the App, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the App and our business.
6.3 User Content Representations
You represent and warrant that:
- You own or have the necessary rights to your User Content and have the right to grant the license described above;
- Your User Content does not violate any third party's intellectual property rights or other rights;
- Your User Content complies with these Terms and all applicable laws and regulations.
7. PRIVACY
7.1 Privacy Policy
Our Privacy Policy, which is incorporated by reference into these Terms, describes how we collect, use, and disclose information about you. By using the App, you consent to our collection, use, and disclosure of information as described in our Privacy Policy.
7.2 Health Data
The App may collect and process certain health-related data, such as your physical activity information. You consent to our collection and processing of such data in accordance with our Privacy Policy.
8. THIRD-PARTY SERVICES AND CONTENT
8.1 Third-Party Services
The App may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services ("Third-Party Services"). You acknowledge and agree that we are not responsible for Third-Party Services, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof.
8.2 Third-Party Terms
Third-Party Services may be subject to third parties' terms and conditions. Your use of such Third-Party Services is subject to those terms and conditions, and we encourage you to read them carefully.
9. SUBSCRIPTION AND PAYMENT TERMS
9.1 Subscription Options
The App may offer subscription options that provide access to premium features. The details of subscription options, including pricing, billing cycle, and features, will be displayed to you before you complete your purchase.
9.2 Payment and Billing
By subscribing to a paid service, you authorize us to charge the payment method you provide for the subscription fee at the then-current rate. Subscription fees are non-refundable except as expressly provided in these Terms or as required by applicable law.
9.3 Subscription Renewal
Subscriptions automatically renew for the same subscription period unless you cancel your subscription before the renewal date. You can cancel your subscription at any time through your account settings or by contacting customer support.
9.4 Free Trial
We may offer a free trial of our subscription service. If you do not cancel your subscription before the end of the free trial period, you will be automatically charged for the subscription.
10. MODIFICATIONS TO THE APP
10.1 App Updates
We reserve the right to modify, suspend, or discontinue the App or any part thereof, temporarily or permanently, at any time and without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the App.
10.2 Terms Updates
We may revise these Terms from time to time. The most current version will always be posted on our website or within the App. If a revision, in our sole discretion, is material, we will notify you via email or through the App. By continuing to access or use the App after the revisions become effective, you agree to be bound by the revised Terms.
11. TERMINATION
11.1 Termination by You
You may terminate your use of the App at any time by uninstalling the App from your device and, if applicable, canceling your subscription.
11.2 Termination by Us
We may terminate or suspend your access to all or part of the App, without notice, for any conduct that we, in our sole discretion, believe violates these Terms or is harmful to other users of the App, us, or third parties, or for any other reason.
11.3 Effect of Termination
Upon termination, your right to use the App will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. DISCLAIMER OF WARRANTIES
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE APP 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 CONTENT ON THE APP.
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR SUPPLIERS OR LICENSORS WILL 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 APP; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP; (iii) ANY CONTENT OBTAINED FROM THE APP; 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.
14. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the App, including, but not limited to, your User Content, any use of the App's content, services, and products other than as expressly authorized in these Terms.
15. GOVERNING LAW AND DISPUTE RESOLUTION
15.1 Governing Law
These Terms and your use of the App shall be governed by and construed in accordance with the laws of Spain, without giving effect to any choice or conflict of law provision or rule.
15.2 Dispute Resolution
Any dispute arising out of or relating to these Terms or the App shall be resolved through binding arbitration in accordance with the commercial arbitration rules of the Spanish Court of Arbitration (Corte Española de Arbitraje) and will be conducted in Madrid, Spain. The arbitration shall be conducted by a single arbitrator, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
15.3 Class Action Waiver
ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
16. GENERAL PROVISIONS
16.1 Entire Agreement
These Terms constitute the entire agreement between you and us regarding your use of the App and supersede all prior and contemporaneous written or oral agreements between you and us.
16.2 Waiver
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
16.3 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions shall remain in full force and effect.
16.4 Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
16.5 Contact Information
For questions about these Terms, please contact us at cs at snackments.com.
By using the Snackments app, you acknowledge that you have read these Terms and agree to be bound by them.