This agreement applies to and between you, the User of this App and UpDown Software LLC. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of App - WeightHawk. We like to ensure you are comfortable when using our App but If for any reason you do not agree to be bound by these Terms and Conditions, we regret, but you have to stop using the App immediately. Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using this App or the service (the "Service") provided on it by UpDown Software LLC ("us", "we", or "our”).
In this Agreement “you” and “your” refer to our customers, prospective customers and users of our App and services, “we”, “company”, “us” and “our” refer to UpDown Software LLC and “Service” refers to the services provided by us. Party”, “Parties”, or “Us”, refers to both the users/Customers and ourselves, or either the user/Customer or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to assist our customers in the most appropriate manner, for the express purpose of meeting the customer’s needs in respect to the Company’s stated services and accordance with and subject to, prevailing laws. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
Any and all use of our services is subject to this Agreement, which may be updated by us from time to time without prior notice to you. Any change of terms shall be binding and effective upon posting of the revised Agreement on our App. In addition to this Agreement, specific services or information contained within this App may be subject to additional posted terms or guidelines applicable to such services. All such terms or guidelines are hereby incorporated by reference into this Agreement.
By using WeightHawk (the “App”) or any of our services (“Services”), you agree to follow and be bound by these Terms of Services (the “Terms of Services”) and agree to comply with all applicable laws and regulations.
It is unlawful to try and gain unauthorised access to this App, its servers, or any computer or database connected to this App. This is a user friendly and very accommodating App, you should, therefore, avoid attacking the App via a denial-of-service attack or a distributed denial-of-service attack.
If you do this, we will be forced to report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, we will be forced to stop providing any further service to you.
Whilst we do all we can to ensure users are well protected and do not suffer any loss or harm, we will not be held liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our App or to your downloading of any material posted on it, or on any website/App linked to it. We advise all users to adequately protect their computers by using up-to-date anti-virus.
This App is offered and available to users who are 18 years of age or older. By using this App, you represent and warrant that you are of the required legal age stated.
WeightHawk provides its users the ability to track their health and physical composition. The App provides body metric tracking (Weight, Body Mass Index, fat percentage), food tracking (Calories/nutrients) and body measurement tracking.
The App is a guide to assist users achieve a healthier lifestyle by tracking their physical/body composition and nutrient intake.
The App is available free of charge on App stores. Users can use our basic functions at no cost. However, if Users choose to use certain functions – “Premium service”, such functions/features will incur a fee payable at a subscription rate specified on the App.
You may be asked to supply certain information relevant to your Purchase including, without limitation, your name, your phone number, house address, billing address, email address, card details and any such information needed for you to complete payments.
All purchased subscriptions are final with no access/provision for a refund. We hereby urge all users to be certain about their decision before paying for a subscription.
Notwithstanding the foregoing, Users may cancel a subscription prior to the expiration date. In such event, the subscription will be cancelled immediately. Users will continue to have access until the specified expiration date. Should the User fail to cancel a subscription, the subscription will auto-renew on a roll-over contract until cancelled by the User.
Subject to other terms in these Terms and Conditions, all Content included on this App including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software are the property of UpDown Software LLC and our affiliates or other relevant third parties. By continuing to use the App, you acknowledge that such material is protected by applicable intellectual property laws. You may not reproduce, copy, distribute, store or in any other fashion re-use material from this App unless otherwise indicated on the App or unless given express written permission to do so by us.
This App may contain links to other websites/Apps. Unless expressly stated, these websites/Apps are not under the control of UpDown Software LLC or that of our affiliates. We assume no responsibility for the content of such websites/App and disclaim liability for any and all forms of loss or damage arising out of their use. The inclusion of a link to other websites/Apps on this App does not imply any endorsement of the websites/Apps themselves or those in control of them.
When using the App and our service, you shall act in accordance with the following rules:
In order to use our services and certain features available on the App, you may be required to set up an account with us and provide certain information about yourself. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorised use of your account. We reserve the right to close your account at any time for any or no reason.
Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.
By continuing to use this App, you represent and warrant that
We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared device, it is recommended that you do not save your Account details in your internet browser.
We may terminate our service with you If we observe you have breached any terms of this agreement. You will be notified by email and an explanation for the termination will be provided. Any money paid by you to us prior to such termination shall be non-refundable.
Your safety when using our App is paramount to us. Hence, all reasonable skills and care shall be taken to ensure your safety when using our App. Please kindly note that whilst your security is paramount to us, remember that no method of transmission over the Internet, or method of payment is 100% secure. While we strive to use commercially acceptable means to protect your transactions on our App, we cannot guarantee its absolute security.
We will do our best to maintain the operation of the App for the Service, however, we may need to temporarily suspend the App for operational reasons (e.g., for repairs, planned maintenance or upgrades). We promise to restore the App as soon as reasonably possible after any suspension.
If we cannot do what we have promised in these Terms because of something beyond our reasonable control (public or governmental orders, pandemic, server disruption, App store technical issues or any other unforeseen and uncontrollable event), we will not be liable for this. We shall find a reasonable time where possible to provide services after the unforeseeable event/situation has passed. If for whatever reason we are unable to provide services herein this agreement due to our negligence or omission, we shall duly refund any payment made for the use of the service.
We warrant that we will take all reasonable care in providing our service to you. We, however, make no warranty or guarantee that such service(s) will always meet your requirements.
We do not make any warranty or representation that the App will meet your requirements, that it will be fit for a particular purpose, that it will be compatible with all devices, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of the Service or the App.
The App is provided “as is” and we do not make any guarantee that it shall be fit for a particular purpose or that it will be suitable to you or third parties that might be using it. You use the App and the services at your discretion and risk.
We offer our services solely as a complementary and alternative health care service. The service is intended to support your health. To provide accurate information while using the App, we may ask for some information e.g., height, weight etc. You hereby warrant to provide such information to help us provide the best services to you. Should you provide an inaccurate, false or incomplete information, we shall not be held liable for any loss, damage or injury suffered due to such omission or negligence in not sharing such information with us.
Whilst every effort has been made to ensure that all descriptions of Services available on our App correspond to the actual Services, we are not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct services, not different services altogether.
Whilst we do our best to ensure this App is secure and free of errors, viruses and other malware, all users are advised to take responsibility for their security, personal details, and devices.
Third-party websites/Apps with links from this App have not been verified or reviewed by UpDown Software LLC. Except otherwise stated, the use and access of such third-party websites are made at your own risk.
UpDown Software LLC reserves the right to modify this App, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the App following the changes. If we are required by law to make any changes to Terms and Conditions, these changes will apply automatically to any transaction currently pending in addition to any transaction placed by you in the future.
To the maximum extent permitted by law, UpDown Software LLC accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of this App, any information contained therein or the use of our service. Users should be aware that they use our service and this App at their own risk. We accept no liability for any disruption or non-availability of this App resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, third party server failure (App Stores), communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Unless it is caused by us and is reasonably foreseeable, we will generally not be liable for:
You agree to irrevocable release, indemnify, hold harmless and defend UpDown Software LLC, our agents, representatives, consultants, affiliates and employees from and against any and all claims of whatsoever kind or nature, and for any loss, damage, or injury, including but not limited to, financial, personal, emotional, psychological, medical, or otherwise which you may incur arising at any time out of or in connection with the use of our App and service.
Any default, delay or omission of any of the provisions of this Agreement by either Party will not be construed as a waiver of any subsequent breach of the same or other provisions. We are entitled to still pursue any omitted or failed payment by you at any time.
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
Any dispute between users and UpDown Software LLC arising from this Agreement shall be resolved through mediation if not resolved informally by the parties within 14 days of the dispute arising. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted by an expert arbitrator agreed upon by the parties. The cost of mediation and arbitration shall be borne by the party bringing the dispute or claim.
These Terms and Conditions and the relationship between you and shall be governed by and construed in accordance with the laws in the state of New York, U.S.A and you agree to submit to the exclusive jurisdiction of the courts in such state.
If you have any questions about our company’s Terms and Conditions, or you would like to exercise one of your data protection rights, please do not hesitate to contact us on our contact details provided on this App.