End User License Agreement

By purchasing a Subscription for Oatsy Calorie Counter (Oatsy), by Starry Web Ltd, You agree, without reservation to be bound by the terms of this EULA. If You do not agree with the terms of this EULA, please do not make the purchase.

If You accept the terms and conditions in this EULA on behalf of a company or other legal entity, You warrant that You have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.

You may not accept this EULA if You are not of legal age to form a binding contract with Oatsy.

Definitions

In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:

  • “Purchase” purchasing Oatsy Premium subscription.

  • “Trial version” 7 days to trial user for first time premium subscribers;

  • “Updates” any modified versions and updates of, and additions to the Oatsy App;

  • “Use” the access, download, install, copy or get benefit from using the Oatsy App in accordance with the terms and privacy policy;

  • “App” Oatsy Calorie Counter App;

  • “You” you, the final and ultimate user of the Oatsy App.

General

  1. This EULA applies to any licenses granted to You by Starry Web Ltd. for the use of the Oatsy Calorie Counter App.

  2. By subscribing to the premium subscription, You enter into this EULA.

  3. This EULA may be modified from time to time. Oatsy will notify you of such modifications on its website or otherwise, e.g. by using the email address associated to your account. Any modifications to this EULA shall only apply upon acceptance by You.

  4. You must acknowledge that the EULA is concluded between You and the Oatsy only, and not with Apple. Oatsy is solely responsible for the Licensed Application and the content thereof. The EULA may not provide for usage rules for Licensed Applications that are in conflict with, the Apple Media Services Terms and Conditions as of the Effective Date (which You acknowledge You have had the opportunity to review). 

 

Scope of License

  1. The license granted to You for the Licensed Application must be limited to a non-transferable license to use the Licensed Application on any Apple-branded Products that the End-User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing. 

Subscription

  1. Premium Subscription grants You access to premium features in accordance with this EULA. Oatsy reserves all rights not expressly granted to You.

  2. Oatsy is and remains the owner of any intellectual property rights with respect to the App.

Maintenance and support

  1.  Oatsy is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in the EULA, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application. 

  2. Oatsy will notify You of any available Updates and upgrades.

  3. You will be entitled to receive Premium Feature Updates free of charge during the period that you are enrolled in the premium subscription.

  4. You can download available Updates by updating the App.

  5. Any maintenance and support provided by Oatsy, including the provision of Updates and upgrades, will be provided in an adequate way on an “as is” basis without any warranty, as soon as reasonably practicable, subject to availability of personnel.

 

Warranty

  1.  Oatsy is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Licensed Application to You.

  2. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Oatsy’s sole responsibility. 

Product Claims

  1. Oatsy is responsible for addressing any claims by You or any third party relating to the Licensed Application or Your possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Oatsy’s Licensed Application’s use of the HealthKit and HomeKit frameworks.

Disclaimer

  1. Oatsy provides recommendations to your daily nutrition, weight, and exercise needs. It is not a medical device or app, and is not intended to diagnose, prevent, advice, or treat patients on medical conditions. You should always check with a doctor in addition to using the app and before making medical decisions.

  2. You Use the Oatsy App at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You.

  3. The Oatsy App is provided on an “as is” and “as available” basis without warranty - express or implied - of any kind, and Oatsy specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by Oatsy or its employees shall create a warranty or in any way increase the scope of this warranty and You may not rely upon such information or advice.

 

Intellectual Property Rights

  1. In the event of any third party claim that the Licensed Application or the Your possession and use of that Licensed Application infringes that third party’s intellectual property rights, Oatsy will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. 

Legal Compliance

  1. You must represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties. 

 

 Third Party Terms of Agreement

You must comply with applicable terms and conditions as stated on the Oatsy Website. https://www.oatsyapp.com/terms 

Contact

Starry Web Ltd.

10696 158 ST

Surrey, BC, Canada

Email: info@oatsyapp.com