End User License
AskZOE End User License
Effective: 16th November 2023
AskZOE End User License
This License gives you important information about the AskZOE app (“our app” or “the app”) and explains the conditions on which we make it available to you.
Important: our app does not give medical advice or supply you with medical information. You should always talk to your physician or other health-care professional about any health problems you may be suffering. Please see our warnings section if you have any concerns about your health.
Warning: using our scores
Our scores give a high level indication of the nutritional value of individual items of food in a balanced diet. What our app does not do is advise you on your diet as a whole, including the combination of food you eat or the pattern of your consumption. Nor is our app able to create scores that take into account your personal circumstances, instead we base our scores on the US population as a whole.
This means you should use your common sense in applying our scores to your choice of food. This is especially true if you know that you react to food in an atypical fashion.
Warning: accuracy of identification
When you ask the app to score food, it must first look up the correct food in its database. This will not always be successful and sometimes AskZOE will misidentify food and so give the wrong score.
Warning: accuracy of information and score
Our scores are based on a food database we maintain that contains nutritional information and other data about each food. This information is collected from a number of third party sources — some of them more reliable than others — but all of them outside our control, which means we cannot guarantee its accuracy. This, in turn, means our scoring may be wrong.
We have attempted to give an indication of our confidence in a score, representing our estimate of its reliability. We explain how this works in detail on a separate page. This represents our best guess as to the reliability of the information. We do not guarantee it will be right, and you should approach all such information with proper caution.
Our license of the app
We permit you to use the app - in legal terms we give you a “license” to use it - rather than selling it to you. Our license is non-contractual. We make no promises to you about the app, its function or your ability to use it; nor do you make any promises to us in return.
We may change the functionality or design of the app at any time; terminate your individual use of the app or withdraw the app from service at any time. We may also make the app unavailable for any periods of time that we choose.
Limitation of liability
This application is made available “as is”. To the fullest extent allowed by applicable law, we disclaim any contractual obligations to you to do or not do anything relating to the app, including it operating as described or at all.
To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall we or any of our affiliates, successors, independent contractors, service providers, consultants, licensors or suppliers, or any of their respective directors, employees or agents, be liable for any (a) indirect, special, incidental, punitive or consequential damages of any kind, including damages for lost profits, business interruption, loss of data, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction.
We are Zoe US Inc, incorporated in the US State of Delaware, with a registered address of 1209 Orange Street, Wilmington, New Castle, DE 19801. Our email address is firstname.lastname@example.org. Our contact telephone number is 866-771-7478.
Changing this license
We may change the terms of this license at any time we update the app.
This license shall be governed by the law of the Commonwealth of Massachusetts and all disputes arising out of it shall be submitted to the courts of the Commonwealth of Massachusetts or, in the event no such court has subject matter jurisdiction, to the Federal Court for the District of Massachusetts, the chosen court having exclusive jurisdiction to settle any dispute arising out of this license.
Apple Inc requirements
Apple Inc. require us to give you the following information, all of which you must acknowledge as a condition of our license:
To the extent that anyone is responsible for the operation and functioning of the app it is us and not Apple.
Our license is restricted to a non-transferable license to use the AskZOE app on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the app.
We, not Apple, are responsible for addressing any claims you or any third party may make relating to the app or your use of it, including, but not limited to: (i) product liability claims; (ii) any claim that tit 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 its use of the HealthKit and HomeKit frameworks. The EULA may not limit Your liability to the End-User beyond what is permitted by applicable law.
In the event of any third party claim that the app or your possession and use of it infringes that third party’s intellectual property rights, We, not Apple, are solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Apple requires you to 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) you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple also requires you to acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this license, and that, upon your acceptance of it, Apple will have the right (and will be deemed to have accepted the right) to enforce it against you as a third party beneficiary thereof.