Terms of Use

Effective date: 01.03.2021.

1. Contents of the Terms of Use

This document governs the use of the Food&Tracker website and web application’s use (hereinafter Food&Tracker.com or Food&Tracker website and web application or website and/or web application ), which can be found under the https://foodandtracker.com link.

The content of this document is applied to all the Visitors of the web page and all the Users of the web application.

By using the website/web application, all the Visitors/Users filly accept these Terms and Conditions of Use.

1.1. Definitions

1.1.1. User/Visitor:

Any natural or legal person who visits the Food&Tracker website and uses the content and services, which can be found there.

1.1.2. Services:

All the functions and features are available on the Food&Tracker website, including the web application tool too.

2. The use of the application

2.1. The availability of the application

Food&Tracker website and web application can be found under the https://foodandtracker.com link in a free version. The website can be used by anybody without the need for any registration. For the use of the web application, an own account is needed, which can be created by registration.

2.2. Who can use the services?

The services are mainly recommended for people over the age of 18 and under the age of 65, as the calculators available on the website and in the web application – also used by the WHO – show relevant information for the above-mentioned age group. Persons under the age of 18 may use the service and provide personal information only under the supervision of an adult.

2.3. Create own account

Registration is required for the use of the features and functions of the web application, so if a User would like to use this service, he/she must create his/her own account first.

The user must provide a valid e-mail address and password for the registration. To complete the registration process the User gets a confirmation email from Food&Tracker.com to the previously provided e-mail address. Food&Tracker.com assumes no responsibility for any emails that may be blocked (spam) by the User’s e-mail system or for incorrectly entered e-mail addresses.

The User must provide certain mandatory, personal data logging in the web application for the first time (as it is also regulated by the guidelines of the Privacy Policy). It is very important that this mandatory, personal data contains real information about the User because only this way can Food&Tracker provide the reliable working of the web application’s features and functions.

All the registered Users have the right to delete the previously created account, as governed by the policies of the Privacy Policy.

2.4. Service changes, suspension and termination

Food&Tracker.com constantly improving and correcting the services of the website and web application. To implement new features or change already existing ones may require the control and monitoring of already existing functions or their suspension or termination. Food&Tracker.com reserves the right to suspend temporarily or terminate permanently the services at any time without any prior notice.

2.5. Service maintenance

Food&Tracker.com reserves the right to suspend the services any time without any prior notice due to the maintenance of the website and web application. The User acknowledges that in some exceptional cases, the continuous operation of the services may be unintentionally interrupted. In such cases, Food&Tracker.com will rectify the error and restore the service as soon and efficiently as possible, but Food&Tracker.com assumes no responsibility for any time guarantee.

2.6. Compatibility

Food&Tracker.com cannot guarantee that the website and web application are compatible with the device used by the User. Should the User have any questions regarding the compatibility, please do not hesitate to contact info@foodandtracker.com.

Internet access is required for the Food&Tracker’s services. Food&Tracker assumes no responsibility and warranty for any network errors, data delays, and losses. To provide the User’s Internet connection is not part of the Food&Tracker.com’ services, and Food&Tracker.com no assumes responsibility for the costs of the User’s Internet access.

2.7. Website security

The safety of the Users is important to Food&Tracker.com. It makes all the effort to keep User’s personal information, user-generated content, and registered accounts secure. However, Food&Tracker.com cannot guarantee that unauthorized third parties will not be able to crack the security measures. The User should immediately send a notification to info@foodandtracker.com if he/she experiences any actual or suspected unauthorized access while using his/her account.

The User must not attempt to violate or violate the security of Food&Tracker.com website and web application. The User must not investigate the vulnerability, spying, and testing of Food&Tracker.com. The User must not attempt to access unauthorized information. The User must not interfere with the operation of the Food&Tracker.com website and web application including, but not limited to the following: placing a virus on the website, overloading the website and web application, flooding with e-mails, crashing, sending unsolicited e-mails including advertising products or services and viruses. The User agrees that the User does not use any device, software, or procedure that attempts to disrupt or disrupt the proper operation of the Food&Tracker.com website and web application.

3. Use and ownership of the content

3.1. Definitions

Content: All available information, which can be found on the Food&Tracker.com website and web application. There are 2 types of content:

• Basic database: That information, which can be found on the website and web application and cannot be modified by the users. Including, but not limited to the following: ingredients, recipes, food, drinks, nutrient data, logs, videos, images, graphics, illustrations, audio, animations, tools, features, text, ideas, “likes”, comments, statistics.
• User-generated content: That information, which is created and captured by the users by various functions of the web application.

3.2. Ownership

Food&Tracker.com owns the basic database.

3.3. Use, share and retain the content

By complying with the conditions of the Terms of Use, Food&Tracker.com grants the Users a limited, revocable, personal, non-transferable, and non-exclusive right and license to use all the content and features, which are available on the website and web application.

The User may not use the content available in the basic database for commercial purposes without the permission of Food&Tracker.com including, but not limited to the following: copy, modify, create, decompile, sell, transfer, sublicence, or otherwise use it for commercial purpose.

The User acknowledges and agrees that Food&Tracker.com reserves the right to monitor, publish, modify or delete any user-generated content without prior notice to the User if Food&Tracker.com considers that such content violates the Terms of Use.

The User is not entitled to any compensation or other payment from Food&Tracker.com for the creation of his/her own content.

3.4. Correctness of the content

The User acknowledges that the Food&Tracker.com is not a medical application and cannot guarantee the correctness of the content, which can be found on the website and web application, due to the content has not been verified by professionals.

Food&Tracker.com does not guarantee the accuracy, completeness, usefulness, or correctness of food data, nutrient values, recipes, or calculators used by the different functions, - they are used only and exclusively by the User’s own risk.

In all cases, Food&Tracker.com recommends to the Users to consult professionals, doctors, and dietetics regarding their diet and calorie intake.

3.5. Guidance of use

3.5.1. Basic database:

The User acknowledges and agrees not to modify, copy, sell, transfer, sublicense or create derivative works of this data.

3.5.2. Commercial use of services

The User acknowledges and agrees not to sell the content of the basic database to third parties, use it to increase the number of visitors to his/her own website or for any other commercial purposes.

3.5.3. Connection to Food&Tracker.com’s services

If the User would like to link to the content, services, and features available on the Food&Tracker.com website and web application, he/she must follow the following rules:

• Request prior written permission via info@foodandtracker.com;
• In case if the User has received for his/her request a written, agreeing response, the following conditions must be applied:
• Any link to the services of Food&Tracker.com must be a text-only link clearly marked “Food&Tracker” logo (without the use of any trademark or another logo) and must direct to https://foodandtracker.com;
• The appearance, position, and other aspects of the link must not damage the reputation of Food&Tracker.com or create the appearance of being a sponsor;
• The link must point to the root domain name of the service and not to other sub-pages;
• Clicking on the link, the Food&Tracker website must display an infill screen and not “within the framework” of the website and/or application that uses the link;
• The Food&Tracker.com reserves the right to withdraw its consent to the link at any time without any explanation. The Food&Tracker.com sends a written notification to the User. The User is obliged to agree and accept this decision and to remove the previously used link with immediate effect.

4. Community directives

4.1. Community interfaces

Food&Tracker.com can be found on Facebook, Instagram, and YouTube, where it shares and publishes a wide range of content. The User has the right to follow Food&Tracker.com on these social sites and to post comments and new posts. These social sites have their own Terms of Use. The User has the right and obligation to review these conditions in advance, which can be accessed at the following links:

• Use of Terms of Facebook
• Use of Terms of Instagram
• Use of Terms of YouTube

Food&Tracker.com reserves the right to terminate any or all of its social sites, modify, hide or delete any content at any time, without any prior notice, if its interests require.

4.2. Directives

• Inappropriate content is prohibited. Personalization, the use of obscene and vulgar words, racial, national, religious, gender, political, ethnic, and other discrimination, and prejudice are prohibited in comments and posts. It is forbidden to post harassing, abusive, embarrassing to other members of the community. This includes stereotypes about any group or community. The promotion or publication of defamatory, pornographic, hateful, and/or sexual material is prohibited.
• “Trolling” is forbidden. If the User comments on a topic, Food&Tracker.com asks the User to stay on the same topic and ignore posts that are not relevant to such topic in a provocative, irritating way.
• It is forbidden to promote and/or criticize websites other than Food&Tracker.com and/or to post any opinion about them.
• Promoting unsafe, weight loss techniques and meals is prohibited.
• It is forbidden for minors or anyone else to cause any kind of harm by postings.
• The User is prohibited to flood other Users with spam through posts, replies, and messages.
• The User is prohibited to request and/or disclose the personal data of other Users, including, but not limited to the following: photographs, telephone number, address, e-mail address, password.
• It is forbidden to post private conversations, including the messages received by other Users, moderators, administrators, and operators.
• It is prohibited to post misleading or false links, including, but not limited to the following: links to misleading descriptions, sources that are not properly tagged in posts, setting up misleading click-through links in images, or embedding links to interstitial or pop-up ads.
• The infringements of intellectual property rights are prohibited. The User is obliged to respect the intellectual property rights of others. If the owner has not consented to the publication of his/her work, the User is obliged to acknowledge and respect this decision.
• The publication of any illegal content, activity or incitements that fall within the scope of the Penal Code of the Republic of Hungary is prohibited.
• It is forbidden to share and create posts for overt or covert advertising.

4.3. Reporting and consequences of inappropriate user content and copyright infringement

All Users have the right to report inappropriate user comments and posts to the social sites’ moderators or to info@foodandtracker.com. If a User violates any of the directives listed in Section 4.2., Food&Tracker.com reserves the right to delete such comment and post without prior notice to the User and/or disable the User from the Food&Tracker social sites.

5. Liability

5.1. Exclusion of liability

As described in Section 3.4, the Food&Tracker.com is not a medical application and cannot guarantee the correctness of the content, which can be found on the website and web application, due to the content has not been verified by professionals.

Food&Tracker.com assumes no responsibility for the accuracy, completeness, usefulness, or correctness of food data, nutrient values, recipes, or calculators used by the different functions.

The User acknowledges and agrees to use only and exclusively by his/her own risk all the content and recommendations provided by Food&Tracker.com.

Food&Tracker.com assumes no responsibility for the error-free operation, completeness, accuracy, and reliability of the services used on the website and web application, and for their suitability for the given purpose.

Food&Tracker.com assumes no responsibility for any material or non-material damages resulting from the use, restriction, termination of the services, or for the loss of business and/or private information.

As described in Section 2.6, Internet access is required for the Food&Tracker’s services. Food&Tracker assumes no responsibility and warranty for any network errors, data delays, and losses.

As described in Section 2.5, the Food&Tracker assumes no responsibility for the continued access to the website and web application, its malfunction, or any errors.

Food&Tracker.com disclaims all liability that hails from the direct or indirect use of the services.

Food&Tracker.com assumes no responsibility for the caused errors which hauls from the use of the services provided by the website and the web application or which hauls from any failure. Food&Tracker.com assumes no responsibility for any damages resulting from the use of the website and web application on the User’s computer, mobile phone, tablet, or other device and for the damages in any other respects.

Food&Tracker.com assumes no responsibility for any damages resulting from the incompatibility of any program running on the User’s computer, mobile phone, tablet, or other device and any damages resulting from any viruses.

5.2. User’s liability

By using the Food&Tracker.com website and web application, the User acknowledges that he/she uses it solely and exclusively at his own risk.

The User acknowledges that the Food&Tracker.com is not a medical application and it is not a substitute for consulting a professional (doctor, dietetics).

The User acknowledges and accepts that for all the property and non-property damages caused by the user-created content and its possibly share the solely and exclusively responsible is the User, who uploads and shares the content. Food&Tracker.com assumes no responsibility for the content uploaded and shared by the User.

The User agrees that by uploading, creating, and/or sharing any content he/she waives his/her copyright and may not make any material or other claim against the content created by him/her.

The User accepts and acknowledges that the User is solely and exclusively responsible for all property and no-property damages and infringement and any other consequences resulting from his/her attitude during the use of the website and web application.

If, as a result of or in connection with the User’s attitude, a third party or any authority or court makes any claim or proceeding against the Food&Tracker.com website and web application, the User is obliged to take all the measures required by the Food&Tracker.com to comply with them.

5.3. Compensation

The User accepts and acknowledges that Food&Tracker.com assumes no responsibility to pay compensation for any material and non-material damages.

The User is obliged to indemnify Food&Tracker.com for all damages, property disadvantages, and costs incurred by the Food&Tracker.com due to or in correction with any unlawful attitude of the User or violation of the Terms of Use.

The User is liable for the violation committed in connection with the use of the service even after the termination of his/her registration.

6. Modification of the Terms of Use

Food&Tracker.com reserves the right to unilaterally revise, amend and supplement their Terms of Use at any time, without prior notice, in an unspecified manner. The new, amended Terms of Use will take effect immediately.

It is the responsibility and obligation of the User to review the Terms of Use from time to time.

If the User continues to use the services of the Food&Tracker.com website and web application after the changes have been published, it means the User accepts the changes and agrees to them.

7. Consequences of violating the Terms of Use

The services provided by the Food&Tracker.com website and web application must be used only in compliance with the applicable law, without prejudice to the rights of third parties and Food&Tracker.com and in compliance with these Terms of Use.

If the User violates these Terms of Use and/or unlawfully uses the services provided by the Food&Tracker.com website and web application, the Food&Tracker.com reserves the rights to suspend and/or terminate the User’s accesses or to delete the user-generated content and all the information registered by the User without prior notice.

In that case, if the User has posted infringing content on the Food&Tracker.com website and web application, Food&Tracker.com reserves the right to modify or delete such content to comply with legal requirements without prior notice.

8. Contacts

Should the User have any questions, comments, or feedback regarding the services provided by Food&Tracker.com or these Terms of Use, please contact info@foodandtracker.com.