This agreement ("Agreement") between PICCABI LTD (hereinafter, "PICCABI", "us" or "we") and you sets forth the terms and conditions (“Terms”) which govern your use of any of the PICCABI mobile device system ("System"), websites (“Sites”), or the service ("Service") thereon which are provided by PICCABI. Please read this agreement carefully before accessing or using any of the apps, sites, and services.

Acceptance of the terms of service agreement

These present general conditions govern the terms of the service Piccabi operated by PICCABI LTD . By accessing or using the sites and services, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the sites or services and should immediately cease such use. PICCABI may modify this agreement at any time, and such modifications shall be effective immediately upon notice, which may be accomplished by posting the modified agreement via e-mail. PICCABI offers its products and services only to those aged 18 and older and able to enter a binding contract under applicable law.

Terms And Conditions

PICCABI provides its users with the following services:

  1. Provide users with the Service.
  2. An estimation of the nutritional facts of food items, based on a picture.
  3. An ability to track the users’ daily food intake

This service is accessible solely through a smartphone running a version of a mobile operating system that is compatible with the Piccabi System. This description of services provided by PICCABI is neither exhaustive nor definitive, and PICCABI reserves the right to delete, modify, or add services or new characteristics and functions, with the sole objective of improving the quality of these products. In order to benefit from these services, the user requires Internet access, either directly or through media with access to Internet content. The charges related to Internet access are the sole responsibility of the user. It is also the responsibility of the user to provide his or her self with the necessary equipment, notably a mobile device or other connectivity tools.

Communication of personal information and protection of privacy

Personal information, which include your name, e-mail address, and other information that the user has agreed to disclose to PICCABI, are treated according to the guidelines of confidentiality and privacy protection, in respect to current laws. These guidelines are listed in full detail in our privacy policy available on piccabi.com/privacy.html

Use of intellectual property

The Site and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, and other software (collectively "intellectual property") are protected by copyright, trademark and other laws of international conventions and the laws of other countries. The intellectual property is owned and controlled by PICCABI or the party credited as the provider of intellectual property. You may not, and agree that you will not, copy, download, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of the intellectual property or the site itself, in whole or in part.

Modification of services and general conditions

PICCABI may, in its sole discretion, terminate or suspend access to all or part of the site, whether temporarily or permanently.

We attempt to ensure that the information on the website and the associated services are complete and accurate; however, this information may contain typographical errors and other errors or inaccuracies. We assume no responsibilities for such errors and omissions and we reserve the right to: (i) correct any error, inaccuracies or omissions and (ii) make changes to content, data, product descriptions or specifications or other information on the website. PICCABI reserves the right to make additions, deletions or modifications to the content of the Service at any time without prior notice. Piccabi does not warrant that the website is free of viruses and other harmful content.

Guarantees

The user acknowledges and agrees that:

  1. The services are delivered in full working order regarding their availability. PICCABI makes no warranties as to the duration, removal, or requirement to register the communication of a user.
  2. PICCABI does not guarantee that the service will fully meet the expectations of the user, and that the obtained results will be accurate. PICCABI does not guarantee that the service will be uninterrupted, secure, or free from errors.
  3. The use of this service is only at risk to the user, who will be responsible for any damage caused to his or her computer or for any loss of data resulting from downloading or consulting the contents of this service.

Indemnisation

You agree to indemnify, protect, and hold harmless PICCABI, its subsidiaries, parent companies and affiliates, from and against any and all claims, actions, liabilities, costs and expenses, including, without limitation, reasonable attorney's fees, arising out of your breach or alleged breach of this agreement.

Limitation of liability

The information contained in PICCABI website is for general information purposes only. PICCABI assumes no responsibility for errors or omissions in the content on the Sites.

The information posted here by PICCABI is not intended to substitute a professional medical consultation in the realm of nutrition and dieting. The site and mobile System provide information on nutrition, diet, and well-being. In this case, the information and services on this site cannot provide a professional medical diagnosis of your diet, weight, and overall health. The information provided in this site does not replace a consultation with a general physician, specialist, or other health professional. These recommendations cannot be adapted to people who are already undergoing a strict diet plan that has already been prescribed by a doctor, in the case of a specific prior diagnosis (such as diabetes, celiac and thyroid diseases, food allergies, certain kidney ailments) or pregnancy. You cannot use the information available on the sites and apps of PICCABI to arrive at a diagnosis or to determine the initiation or termination of medication, without first consulting a doctor. You should acknowledge that the information available on the site is neither comprehensive nor exhaustive, and that the information does not completely address different symptoms, medicines, and treatments for various diseases and common ailments of interest. In addition, PICCABI does not absolutely guarantee any outcome as a result of the application of this information and service available online, particularly regarding weight loss and other weight issues. In addition, PICCABI cannot be held responsible for:

  1. In no event shall PICCABI be liable for any special, direct, indirect, consequential, financial or incidental damages or any damages whatsoever, resulting from any circumstance involving your access to and use of the site or the unavailability of the services, whether in an action of contract, negligence or other torts, arising out of or in connection with the use of the Service or the contents of the Service.
  2. We attempt to ensure that the information we received from the users is complete and accurate; however, this information may contain typological errors and other errors or inaccuracies. We assume no responsibilities for such errors and omissions and we reserve the right to (i) correct any error, inaccuracies or omissions and (ii) make changes to content, data, product or other information on the Services.
  3. PICCABI will not be responsible for any direct or indirect damage incurred after declaration of a third party on this service. Accordingly, you acknowledge that the responsibility of PICCABI cannot be questioned in terms of information and services available on the site, and you agree that the use of such information and services is under your sole responsibility, control, and management.

Applicable law and jurisdiction

This contract will be subject to Irish law, and legal rules of territorial jurisdiction or award will apply.

For buyers in the European Union, this contract will be subject to Irish law, unless the contract was preceded by an advertisement or a specific invitation by PICCABI in the consumer's country of residence. The court will be determined in accordance with EU regulation No. 44/2001 of 22 December 2000.

For consumers in other countries: unless mandatory legal provisions are contrary, this contract will be governed by Irish law, and any dispute arising out of this contract will fall within the exclusive jurisdiction of Irish courts.

Miscellaneous

These terms of use represent the entire agreement between the company and the user regarding the use of the service, and replace any agreements previously reached between the company and the user.

The contract was last updated on August 31, 2020.

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