GENERAL TERMS AND CONDITIONS
For the services offered by BeYou
Welcome to Kee Digital SL (“we”, “us” or “BeYou”). The website and mobile app online service of BeYou, provides its users with virtual nutritional, fitness, and emotional coaching services called BeYou. These Terms of Service (“Terms”) constitute a legal agreement between BeYou and yourself, “User” or “you” means an individual or entity end user of the Services. By accessing or using the BeYou internet site located at www.beyouapp.com (“Site”), the mobile application (“Application”) and any other mobile or web application service owned, controlled or provided by us, (all of the foregoing, the “Services”) you agree that you have read, understood, accepted and agreed to be bound by these Terms. Therefore, it is important that you carefully read through these Terms. If you do not consent to these Terms, you should not register with BeYou.
2. ABOUT BEYOU
To use our Services you must follow some simple rules. The Service is only available for your private use and is not intended for commercial use. Do not misuse the Services, so that either BeYou or anyone else is harmed in anyway. You may only use the Services as permitted by law and the terms provided for you on this page.
3. SERVICES RULES
By using our Services, you agree that:
1. All of the personal data provided by you is accurate and up to date.
2. BeYou does not monitor the contents of the Service, but may at any time choose, at its sole discretion, to remove your user account from the Service and to terminate your account and membership.
3. This service is intended solely for users who are eighteen (18) years of age or older. Any use, registration or access to the services is strictly forbidden.
4. BeYou reserves the right to contact you through the email you initially provide, smartphone app notifications or other media that is related to your account with BeYou.
5. Violation of any of these Terms will lead to a direct termination of your user account and subscription. If you violate these terms, you will not be refunded under any circumstance.
3.1. - USER OBLIGATIONS AND CONDUCT
By using our Services, you agree that:
You are solely responsible for all activities on your account and all the content that is uploaded and/or created under your BeYou account.
Your membership, including your email and password are personal and may not be transferred or used by someone else. You are responsible for storing your login details in a safe sufficient matter. BeYou is not in any way responsible for any information lost or damage resulting from unauthorized access to your account or use of your login details. If you learn of or suspect any unauthorized use of your account, you must immediately notify BeYou’s Customer Service. Contact details are available at the bottom of this document.
You may not engage in any commercial activities, advertise and/or provide hints (such as links) on where commercial activities are present through our Services.
You may not contribute with any propaganda, religious and/or political views, or contribute information which in any way contains or involves incitement to racial hatred, child pornography or pornography through the use of our Services. Further, you may not defame, harass or offend other people through the use of our Services.
If you have any criticism or feedback regarding BeYou or our Services, firstly contact BeYou to help us improve our Services.
You may not transmit, and/or distribute files that may damage BeYou or others’ computers or property (such as viruses and Trojan horses).
You may not share others’ personal information, without their consent.
4. ACCOUNTS AND REGISTRATION
Subject to the terms and conditions hereof, during the period these Terms are in effect, BeYou allows you to use the Services on a non-exclusive basis. BeYou may change, modify or update the Services at any time without prior notice to you, including to remove functionality. Currently, BeYou makes certain features of the Services available free-of-charge to you, while other features, such as Premium Accounts (as defined below) require payments. BeYou may choose at any time to charge for your future use of the Services or any part thereof. In this case, you will be notified accordingly.
You may register to use BeYou by providing the requested information or by logging in through a social media account and/or through a third-party lifestyle/activity tracking application (“Third-Party Application”).
We may change the method of registration or log in, including the types of accounts and the Services provided through them, at our discretion. By registering through a social media account and/or through a Third-Party Application you represent and warrant that such account is yours and you have given us access and provided us with the information to such account. BeYou reserves the right to refuse services to any user opening an account for any reason, at its sole discretion. You agree that you will supply accurate and complete information to us in the creation of your account and the use of the Services, and that you will update such information promptly after it changes. You shall have all responsibility for any inaccuracies in any information you provide to us, or in failure to keep such information up-to-date.
You shall not share your account or login information with any third party, nor, let any third party access your account and you are entirely responsible for maintaining the confidentiality of the login information to your account. You are fully and solely responsible for the security of your computer system, mobile device and all activity on your account. BeYou will not be held accountable for any loss or damage arising from unauthorized use of the Services, and you agree to protect and do no harm to BeYou in regards to improper or illegal use of the Services, and any charges and taxes incurred, unless you have notified us immediately at the email address listed below.
5. SPECIALS TERMS AND CONDITIONS FOR PREMIUM MEMBERS
You may register for one of our PREMIUM accounts (“PREMIUM Account”). A PREMIUM Account will allow you to access added features, such as meal planning, your fitness program and videos, food recipes and the ability to text your coaches.
This section only applies when you purchase and/or subscribe to BeYou Premium Account or other paid products. Certain services may be provided for a fee or other charge. By paying the subscription fee you get access to BeYou Premium Account during the time your subscription is valid, subject to these Terms. All subscriptions with BeYou Premium Account are paid in advance. If you choose to enroll in a paid service you are agreeing to the terms of sale, pricing, payment and possible billing cycles.
5.1 PREMIUM VERSION
The Premium version is available in the following formats:
• Free trial subscription: with this option, you can fully experience BeYou premium without any upfront cost. Once the trial period ends, charges are non refundable.
• BeYou premium can be purchased for 3 months for $29.99 or yearly for $79.99.
Payment will be charged to your iTunes Account at confirmation of purchase.
Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication
As all of our products are digital they are deemed "used" after download or opening. This unfortunately means we have a strictly No Refund policy in regards to dissatisfaction with product. All purchases for digital downloads made through the app are non-refundable or exchangeable. In the case where a purchase error is made please contact us via firstname.lastname@example.org to discuss a resolution
5.3 PREMIUM MEMBERSHIP CANCELLATION
you may cancel your subscription at any time by contacting us on email@example.com. You will continue to have access to the Product through till the end of your monthly billing period.
If you purchased your premium membership through Apple’s IAP (in app purchase) function and you wish to terminate your subscription, you are required to do so via Apple’s subscription platform. You will be billed if you have not cancelled this in the correct manner prior to your next billing date. To find out how to cancel your membership through Apple service.
5.4 SUBSCRIPTION TARIFF
BeYou reserves the right to vary the fees charged for our subscription based Products from time to time. If fees are varied through the exercise of this right, then BeYou will inform you of any such variation and provide you with one month’s notice of any such change. If you do not agree to this variation, you may cancel your subscription within 14 days of the changes coming into effect; you agree that this will be your only remedy with regards to a variation of our subscription charges. If you do not chose to cancel your subscription within 14 days of the change coming into effect, you will be deemed to have accepted the variation.
Subscription fees will apply regardless of whether or not you use your subscription.
5.5 SALES POLICY AND THIRD PARTY GATEWAYS
Some transactions for purchase of our Products on our website and app are made through payment gateways such as Stripe. www.stripe.com, Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for any transactions made and are liable for any loss or damage you may suffer as a result of using the third party payment gateway
You are solely responsible for any taxes on amounts you may pay or obtain through the Services. BeYou will deduct applicable charges and taxes from any payable amounts, as required by law.
6. TERMINATION ACCOUNT
You agree that we may for any reason or no reason, in our sole discretion and without notice, terminate your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of these Terms or the spirit of these Terms, (iii) fraudulent, harassing or abusive behavior or (iv) behavior that is harmful to other users, third parties, and the community philosophy of our Services or our business interests. In the event that we terminate your account, you may not register for the Services again, without our consent. If you believe that any action has been taken against your account in error, please do not hesitate to contact us at firstname.lastname@example.org.
In addition, if we believe, in our sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity, behavior or activities of anyone believed to have violated these Terms or to have engaged in illegal behavior. You may request termination of your account at any time, for any reason by sending an email to email@example.com.
Any suspension or termination of your account shall not affect your obligations to us under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability). Which by their sense and context are intended to survive such suspension or termination.
You can at any time choose to cancel/end your account at your convenience. Please note that uninstalling the mobile application or closing your account will not automatically stop your subscription — you must actively cancel the subscription. To find out how to cancel the subscription and/or your account, please follow the instructions in the app. Special terms and conditions apply to BeYou Premium.
7. SERVICES AND FOOD RECOMMENDATIONS
BeYou is not a medical organization and we will not provide you with any medical advice or diagnosis. You are responsible for your own health. The purpose of the Services is to help our users record what they eat, how they exercise and to track their health, weight and fitness progress. Information made available through the Services and by our partners and affiliates shall solely be used for recreational and educational purposes. BeYou cannot guarantee any health, weight and/or fitness results or improvements. Nutritional information found in our database has been established by a certified Nutritionist. BeYou cannot guarantee that the nutritional information provided in our database is accurate, reliant or complete. BeYou is not responsible for any personal injury or any other damages that may have been the result, direct or indirect, of any use or misuse of the Services. Always consult with your doctor before starting a diet or fitness program or if you experience any pain or discomfort.
8.1. We are not a licensed medical care provider. We have not expertise in diagnosing, examining or treating medical conditions of any kind.
8.2. We strongly recommend that you consult with you doctor before beginning any dietary or exercise program particularly if you have a personal or family history of high blood pressure, heart disease, chest pain, smoking, high cholesterol, obesity, bone or joint problems or if you are pregnant.
8.3. DIETARY REQUIREMENTS
8.3.1. The Nutrition guidelines in forms of weekly meal plans are not formulated to suit any nutrient deficiencies, allergies or any other food related health problems. Please contact your doctor or a dietician prior to purchasing if you are unsure whether this Product is suitable for your dietary needs.
8.3.2. The Nutrition Guidelines in forms of weekly meal plans are not formulated to suit the nutritional needs of pregnant or breastfeeding women. If required, we recommend visiting an Accredited Practicing Dietitian to help tailor a program specific to you and your baby’s needs.
8.3.3. To cater for a broader range of alternative diets, the Nutrition HELP for Vegetarians includes recommendations and recipes for pescatarians and vegans. Please contact your doctor or nutritionist prior to purchasing if you are unsure whether this Product is suitable for your dietary needs.
8.4.1. If you have any concerns or questions regarding your health you should always contact your doctor. If you experience faintness, dizziness, pain or shortness of breath at any time you must stop the physical activity immediately and contact your doctor before resuming.
8.4.2. The content of our Site is not intended to replace or be a substitute for professional medical advice diagnosis or treatment. All content of our Site has been created for information purposes only.
8.4.3.You must be in good physical condition before using any of our Products whether tangible or intangible.
8.4.4. Before using our Product you acknowledge and agree that by participating in physical activity there exists the possibility of physical injury. If you engage in any exercise in connection with any of our Products, you agree that you do so at your own risk.
8.5. Subject to any rights granted by Spanish Consumer Law, you agree to discharge BeYou of all liability for any and all claims and causes of injury including for any and all injury, loss or damage of whatsoever nature including; personal injury, data or loss of income to the extent permitted by the law of the region where negligent or otherwise.
9. LIMITATION OF LIABILITY
We reserve the right, in our sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. You are responsible for reviewing these Terms periodically. If we fundamentally change this agreement, we will notify you within seven (7) days prior to the changes being put into effect. At this time, you will have the authority to accept or reject the changes. If you choose to reject you make take action in terminating your account. Your continued use of the Services after a change or modification of these Terms has been made constitutes your acceptance of the revised Terms. Services may not be available in all geographic locations.
For the sake of clarity, BeYou doesn’t undertake the obligation to monitor the contents of User Material.
You are not entitled to assign your rights and/or obligations under these Terms or use of the Service to any third party without BeYou’s prior written consent. BeYou is entitled to assign its rights and/or obligations under these Terms.
BeYou reserves the right to refuse the Service to anyone for any reason at any time. BeYou may revise these Terms from time to time and the most current version will always be posted on BeYou’s website (http://beyouapp.com/web/). Any and all material changes shall become into effect between you and BeYou upon your acceptance of such changes (e.g. by using the Services after such notification has been made to you or renewing your subscription)
10. INTELLECTUAL PROPERTY
BeYou and its licensors own the Site and Services, including any material or content made available through the Services, and all worldwide intellectual property rights, including, without limitation, copyrights, patents, trademarks and trade secrets in the foregoing. The provision of the Services does not transfer to you or any third party any rights, title or interest to such intellectual property rights. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use any material made available in the Services and we reserve all rights not expressly granted herein. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of ours or any third party.
12. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and the use of the Services are governed by the laws of Spain, except for its conflicts of laws principles. All claims arising out of or relating to these Terms or the Service shall be resolved by the public Spanish courts, whereby the District Court of Barcelona shall be the court of first instance.
13. CONTACT INFORMATION
Kee Digital SL.
Calle Pau Claris 190, 3-2.
08037, Barcelona Spain