Forksy Terms of Service

Published on: April 16, 2018

Welcome to Forksy ("Forksy," "we," or "us"). This text explains the terms by which you may use our online and mobile services distributed under the brand names Forksy and Under My Fork, websites www.undermyfork.com and www.getforksy.com, and software provided on or in connection with the service (collectively the "Services"). These Services are designed to help people eat healthy. By accessing or using these Services, you acknowledge and agree to these Terms of Service (the "Terms") and the Forksy Privacy Policy. These Terms apply to all users of these Services. If you do not agree to these Terms, please do not use these Services.

Who May Use the Services

You may use these Services only if you are not barred from using these Services under your local law. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THESE SERVICES. Children between the ages of 13 and 18 may use these Services only with the permission and active involvement of a parent or legal guardian.

Registration and Your Personal Information

If you want to use these Services you will have to find our chat bot "Forksy" in Facebook Messenger, Telegram, Viber or Kik and start chatting with this chat bot. Also, our Services are available in the form of Alexa Skill and Actions on Google. You don't need any special registration to use our Services. If you are a Facebook user, we will use certain personal information from your Facebook account such as your name, age, sex, country, and possibly other personal information that your privacy settings on your Facebook account permit us to access.

Forksy Services

Forksy is a mobile communication platform that uses a chat bot "Forksy" to help you change unhealthy eating habits by keeping a virtual food diary for you and sharing it with your friends and/or professional trainer/nutrition consultant ("trainer"). These Services allow you to communicate with the chat bot by sending a text message or a photo describing the food or drinks you have consumed throughout the day. The chat bot will react to your messages depending on what you specified as your desired goal; e.g. to gain weight, lose weight, or just healthy eating. Your virtual food diary will be formed based on your messages sent to the chat bot, and will be available to you at any time. You can also share your virtual food diary with your friends or your trainer who will be able to comment on your eating habits and adjust your diet accordingly. Our chat bot will communicate with you in an easy and friendly manner. For example, if you mentioned that you ate a high-calorie dessert for dinner, our chat bot may answer: " Your favorite jeans aren't going to fit if you keep eating like that." If this manner of communication bothers you, please refrain from using our Services.

Health Disclaimer

These Services are intended only to assist you in your efforts in changing your eating habits. Forksy is not a medical organization and its staff cannot give you medical and/or nutritional advice. Nothing made available to you throughout your communication with the chat bot or via Alexa Skill/Actions on Google should be defined as medical or nutritional advice. Messages received from the chat bot or via Alexa Skill/Actions on Google should not be interpreted as a substitute for medical consultation, evaluation, or treatment. This information is not intended to provide specific physical or mental health advice, or any other advice whatsoever, and should not be relied upon in that regard. Under no circumstances will these Service be responsible for any advice provided by your friends or trainer throughout the use of these Services.

Service Rules

Using our Services includes the following commitments by you:

You will not post content or take any action through our Services that infringes or violates someone else's rights or otherwise violates the law.

You will not bully, intimidate, or harass any user.

You will not transmit throughout these Services content that is recognized as hate speech, threatening, or pornographic; incites violence, contains nudity, or graphic and/or gratuitous violence.

You will not transmit spam, chain letters, or other unsolicited messages.
You will not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of these Services in any medium, including ,without limitation, by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access these Services; (iii) attempting to interfere with, compromise the system’s integrity or security, or decipher any transmissions to or from the servers running these Services; (iv) taking any action that imposes, or may impose, at our sole discretion, any unreasonable or disproportionately large load on our infrastructure; (v) uploading invalid data, viruses, worms, or other software agents through these Services; (vi) collecting or harvesting any personally identifiable information from these Services; (vii) using these Services for any commercial solicitation purposes; (viii) modifying, creating derivative works of, decompiling, or otherwise attempting to extract source code from Forksy software, unless you are expressly permitted to do so under an open source license, or we give you express written permission; (ix) interfering with the proper workings of these Services; (x) accessing any content on these Services through any technology or means other than those provided or authorized by these Services; or (xi) bypassing the measures we may use to prevent or restrict access to these Services, including ,without limitation, features that prevent or restrict use or copying of any content, or enforce limitations on the use of these Services or the content therein.

We may, without prior notice change these Services, stop providing these Services or features of these Services to you or to users in general, or create usage limits for these Services. We may permanently or temporarily terminate or suspend your access to these Services without notice and liability for any reason, including, if in our sole determination, you violate any provision of these Terms, or for any reason not mentioned herein. You can stop using these Services at any time. Upon termination for any reason or without reason at all, you continue to be bound by these Terms. You are solely responsible for your interactions with your friends and your trainer through these Services. Forksy shall have no liability for your interactions with other users, or for any user's action or inaction.

Rights to these Services Granted by Forksy

Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable, non-sublicensable license to access these Services on your mobile device solely for your own personal non-commercial purposes. We reserve all rights in and to these Services not expressly granted to you under these Terms. Use of these Services for commercial purposes is subject to and only possible with our prior written consent for such use.

Paid Services

We may offer certain Services (e.g. advanced graphs, analysis, and nutritional programs) for a fee (the “Paid Services”). If you choose to purchase any of our Paid Services, the following payment terms shall apply:

When you order Paid Services, you must provide complete and accurate information required for carrying out a payment;
All fees due for Paid Services are payable in advance, and will be billed automatically in the course of ordering Paid Services by you;
After the payment is completed, you will receive access to the chosen Paid Services. All purchases of Paid Services are final and non-refundable, regardless of whether or not you actually used such purchased Paid Services.

We may set additional terms for the provision of Paid Services. If any of such additional terms contradict with these Terms, the additional terms shall apply.

Feedback

We welcome feedback, comments, and suggestions for improvements to these Services (“Feedback”), but you understand that we may use your Feedback without any obligation to compensate you for them (just as you have no obligation to offer them).

User Content Ownership and Responsibility

You own all of the content and information you post through these Services and you can fully control how it is shared. For content that is covered by intellectual property rights, e.g. photos and videos, you hereby grant us a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify and create derivative works based upon your content in connection with operating and providing these Services. This license ends when you delete respective content unless this content has been shared with others, and they have not deleted it. You also represent and warrant that your content will not infringe, misappropriate, or violate a third party’s intellectual property rights, rights of privacy, or result in the violation of any applicable law or regulation. You may delete your content at any time by submitting a request to human@getforksy.com. When you delete your content, it will no longer be available to you or others. However, you understand that removed content may persist in backup copies for a reasonable period of time. You agree that Forksy is not responsible for, and does not endorse, content posted within or transmitted throughout these Services. We may, but have no obligation to, remove, block, and/or monitor content that we determine in our sole discretion violates these Terms. If your content violates these Terms, you may bear legal responsibility for that content.

Our Proprietary Rights

These Services and all materials therein, including software, images, text, graphics, illustrations, logos, patents, trademarks, service marks (the "Forksy Content"), and all intellectual property rights related thereto, are the exclusive property of Forksy and its licensors. You acknowledge that applicable copyright, trademark, and other laws protect these Services and Forksy Content. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Forksy Content solely in connection with your permitted use of these Services and solely for your personal and non-commercial purposes. Use of these Services and Forksy Content for any purpose not expressly permitted by these Terms is strictly prohibited.

Safety

We have the right to monitor the use of and access to these Services for the purpose of operating these Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We can remove any content or information you post through these Services at any time and without notice, if we believe that it violates these Terms or our Privacy Policy.

Indemnity

You will indemnify and hold harmless Forksy and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, , costs and expenses, and losses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with: (i) your use of or access to these Services or Forksy Content; (ii) your user content; (iii) your violation of these Terms.

Warranty Disclaimers and Limitation of Liability

WE WILL TRY TO KEEP FORKSY UP AND RUNNING, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. THESE SERVICES AND CONTENT ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT FORKSY WILL ALWAYS BE SAFE, SECURE, ERROR-FREE, OR THAT FORKSY WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. FORKSY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THESE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THESE SERVICES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, FORKSY'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. These Services are controlled and operated from our facilities in Europe. Forksy makes no claims that these Services are appropriate or available for use in other locations. Those who access or use these Services from other jurisdictions do so at their own volition and are responsible for their compliance with local law.

Disputes

You agree to subject to the jurisdiction of England and Wales in the event of any legal dispute. These Terms shall be governed by the internal substantive laws of England and Wales, without respect to its conflict of laws principles. Exclusively the courts of England shall decide any claim or dispute between you and Forksy that arises in whole or in part from these Services.

General Terms

If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. We may, in our sole discretion, modify these Terms at any time , and it is your responsibility to review these Terms for any changes. Your continued use of these Services after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these Terms or any future Terms of Use, do not use, access, or continue to access these Services. You may not assign or transfer these Terms without Forksy’s prior written consent. Forksy may freely assign or transfer these Terms without restriction. Any notices or other communications provided by Forksy under these Terms, including those regarding modifications to these Terms, will be posted to these Services.

Contact Information

If you have any questions about these Terms and Services, please contact Forksy at: policy@getforksy.com

Previous version of these Terms and Services is available at: https://getforksy.com/terms_20171024.html