Terms of Use

Please read the following Terms and Conditions carefully before you use any service provided by Cacao Mobile SP Z O O Your use of the products of Cacao Mobile SP Z O O will be subject to these terms, and by using the products of Cacao Mobile SP Z O O you agree to be bound by them.

Introduction.

Cacao Mobile SP Z O O ("Cacao Mobile SP Z O O", "We", "Us," "Our", “Company”) develops mobile applications ("Our Products"). Our Apple Applications may be downloaded from the App Store, which is operated and owned by Apple Inc. and other companies within its group ("Apple"). Our Android Applications may be downloaded from Google Play, which is owned and operated by Google Inc. and other companies within its group ("Google"). The Cacao Mobile SP Z O O website (the “Website”), all other products and services, including mobile apps (the “Application”), and all content offered as part thereof, are collectively referred to herein as the “Services” and are offered to you by Cacao Mobile SP Z O O Our goal is to help people lead a healthy way of life through health and well-being activities. Our Products offer content, features, functionality, and other information and services including, without limitation, viral, embeddable or application/device-based features and related technology, also when accessed via the Internet, mobile or other devices (collectively, "Our Services"). We develop Our Products for informational purposes only. You must ALWAYS consult your physician or doctor before starting any program. Subscribers, account holders, customers, users, and others who download, access, use, purchase and/or subscribe to the Services (“you”) agree to these Terms and Conditions (the “Terms and Conditions”). By agreeing to these Terms and Conditions, you confirm that you are solely responsible for your state of health. These Terms and Conditions govern your use of the Services and are a condition to your use of the Services.

Acceptance of Terms and Conditions.

By using Our Products and Services, you accept these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use Our Products and Services. Cacao Mobile SP Z O O reserves the right to amend these Terms and Conditions at any time without prior notice. An up-to-date version of these Terms and Conditions will be available on the official website of Cacao Mobile SP Z O O, and any changes will come into effect immediately upon posting. By continuing to use our products, you agree to the amended Terms and Conditions.

Intellectual Property.

All texts, graphics, designs, logos, button icons, images, data compilations, and information ("Content") contained in Our Products and Services are the Intellectual Property of Cacao Mobile SP Z O O (or belongs to it), and are protected by copyright laws. All logos and trademarks displayed in Our Products and Services are registered trademarks or trademarks of Cacao Mobile SP Z O O No trademarks may be used without the prior written consent of Cacao Mobile SP Z O O except to identify the products or services associated therewith. Our Products and all related software, and all patent rights (including patent applications and disclosures), copyrights, trade secrets, know-how, and any other intellectual property rights therein or relating thereto (including derivative works), are and shall remain the exclusive property of Cacao Mobile SP Z O O or its licensors.

Legality of Use.

By using Our Products, you hereby warrant that: (i) all information contained in any submission by you is either owned by you or rights have been granted to you, permitting you to disseminate the information as set forth in these Terms and Conditions; and (ii) the information contained in any submissions by you does not infringe on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, or trade secret rights. You accept full responsibility, assume all risk, and waive and/or release Us from any direct or indirect loss, injury, claim or damage arising from your use of Our Products, whether or not such use was appropriately supervised and regardless of whether you were negligent in such use. By using Our Products, you attest and verify that you are physically and mentally able to use Our Products, and knowingly accept and are fully aware of all risks associated with their use.

Membership Subscriptions.

Our applications offer subscriptions that grant you access to additional features like training plan personalization or full access to the content. Some of our subscriptions include a free trial period, where you can experience the application at no cost. A subscription with a free trial period will automatically renew to a paid subscription once your free trial expires. If you decide to unsubscribe from a paid subscription before we start charging your payment method, you must cancel the subscription before the free trial ends. We offer monthly and annual subscription options. Payment will be charged to your credit/debit card through your iTunes Account or Google Wallet Account after you choose one of our subscriptions and confirm your purchase. Paid subscriptions automatically renew, unless auto-renew is turned off, until canceled in the Manage Subscriptions section of your account settings. Auto-renewal may be turned off in your Google Wallet account after purchase. If you purchase a subscription through the Google Play store, you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play. If you purchase a subscription through a bundle subscription partner, you may cancel according to the process outlined by the bundle subscription partner. We will notify you if the price of the subscription increases and, if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest paid subscription period.

Representations and Warranties, Limitation of Liability.

Cacao Mobile SP Z O O makes no representations regarding: (a) the credentials of anyone using our Services and/or Products as part of any health care or medical plan of care, or plan of treatment ("POC"); (b) the suitability of the exercises included in any such POC; (c) the viability, medical soundness or efficacy of any such POC; or (d) the overall health or medical benefits you might derive from using our services and products or POC which incorporates our services and products. The use of any software or hardware offered by Cacao Mobile SP Z O O is no substitute for a consultation by the User with a specialized doctor. Our Services and Products are provided "as is" without any warranties, expressed or implied, including but not limited to the implied warranties of merchantability, used for a particular purpose, or non-infringement. Cacao Mobile SP Z O O makes no representation or warranty that the information contained in our Services and/or Products will be current, timely, complete, accurate, or error-free. To the extent that the law does not permit the disclaimer of warranties, all content accessible in our services and products, or any other web site to which our services and products link, is warranted only to the minimum amount legally required. In no event shall Cacao Mobile SP Z O O be liable to any party for any direct, indirect, special or other consequential damages for any use of this in our Services and Products, or on any linked web site, including, without limitation, any lost profits, business interruption or otherwise. Cacao Mobile SP Z O O shall be liable as currently provided for by law, regardless of the statutory basis of such liability (pre-contractual, contractual, tort) only if Cacao Mobile SP Z O O has caused specific damage willfully or with gross negligence. In the event of slight negligence, Cacao Mobile SP Z O O shall not be liable to other businesses and shall be liable to consumers only for personal damages, Cacao Mobile SP Z O O shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits, or damages resulting from claims from third parties.

Restrictions on Use of the Service.

In addition to any other restrictions set forth in these Terms and Conditions, and without limiting those restrictions, when using the Service, you agree not to: make unauthorized copies or derivative works of any content made available on or through the Service; use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; attempt to decipher, decompile, disassemble, or reverse engineer any of the software or source code comprising or making up the Service; delete or alter any material Cacao Mobile SP Z O O or any other person or entity posts on the Service; frame or link to any of the materials or information available on the Service; alter, deface, mutilate, or otherwise bypass any approved software through which the Service is made available; use any trademarks, service marks, design marks, logos, photographs, or other content belonging to Cacao Mobile SP Z O O or obtained from the Service; provide any false personal information to Cacao Mobile SP Z O O; solicit or collect personal information from other Users; disclose personal information about a third person on the Service or obtained from the Service without the consent of that person; use the Service to send emails or other communications to persons who have requested that you not send them communications; use the Service, without Cacao Mobile SP Z O O’s express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming; or violate any applicable federal, state, or local laws or regulations or the terms of this document.

Privacy Policy

Please see the Privacy Policy. Please bear in mind that we might refuse or limit your access to our Products in case you refuse to accept the Privacy Policy. If you have a membership subscription and you do not accept or refuse to accept any new Privacy Policy that we might release in the future, and that is not decreasing any of your existing rights, we might refuse or limit your access to our Products without compensating any fees paid for your membership subscription. You can still use our Products once you accept said new Privacy Policy. Your account will be put on hold, and no further automatic renewals of your subscription will be possible. We will need your active acceptance only in the case we materially change our Privacy Policy due to legal requirements or in the course of compliance procedures (for example, if we amend the types of personal data we collect from you, your rights, or change data processing purposes). For any technical or non-material changes, your continued use of our Products will constitute a valid consent with such new Privacy Policy.

Maintenance.

Cacao Mobile SP Z O O is not responsible for any outages or service interruptions that occur from time-to-time when using Our Products, including those due to software, hardware, or power failures, or issues at the wireless carrier level. In addition, Cacao Mobile SP Z O O is not responsible for the products and services provided by others, including any User’s mobile handsets or wireless data networks. Cacao Mobile SP Z O O, in its sole discretion, reserves the right to add or remove operating systems based on commercial factors it deems relevant, such as use, adoption, and appeal of the operating system.

Content Created by Users and Rights to Such Content.

The User consents that as a result of the automatic evaluation of the way the User uses Our Products, he/she may be exposed to certain offers and/or marketing messages tailored to such User. The User consents that marketing measures may also be taken in relation to created content, which are marketed by Cacao Mobile SP Z O O The User grants Cacao Mobile SP Z O O the irrevocable, free, non-exclusive, and unlimited right to use all content generated, transmitted, saved and published by such User. Accordingly, Cacao Mobile SP Z O O shall have the right to use all content, irrespective of the type of usage. This shall include the right to change and edit such content, unless such changes or edits impair the material interests of the User. In this connection, the User waives, to the legally permissible extent, all intellectual property rights. Cacao Mobile SP Z O O does not claim ownership of any content created by Users and will not supervise such content.

Territory.

The term "Territory" means the United States, its territories possessions, North America, the United Kingdom, and Australia. Any additional Territories shall be subject to mutual approval.

Law

We collect and process information about you only where we have legal bases for doing so under applicable EU and USA laws. These Terms and Conditions, any non-contractual obligations arising in connection with them, and litigation between the Users and Cacao Mobile SP Z O O shall be subjected to US and EU laws. We transfer your personal information to the US, EU and other countries, which may be outside the country in which you live. We use government-approved contractual clauses such as European Commission approved Standard Contractual Clauses to help protect your personal information. This will be the exclusive venue for any claim or dispute between the parties and the parties hereby consent to the personal jurisdiction of those courts for such purposes. The prevailing party in any dispute under these Terms will be entitled to its costs and reasonable attorneys’ fees.. The legal bases depend on how you can use This means we collect and use your information only where: We need it to provide you https://invoicemaker.biz/, including to operate it, provide customer support and personalized features and to protect the safety and security of our service; It satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote https://invoicemaker.biz/ to protect our legal rights and interests; You give us consent to do so for a specific purpose; We need to process your data to comply with a legal obligation. Our Products are not intended for children under 18 years old. By using this site, you agree to the Terms and Conditions presented here. If you do not agree to these Terms and Conditions you may not use this Website. By using this site, you agree that you are of at least 18 years of age. If you are aware of anyone under 18 using our Products, please contact us at trickydev@gmail.com, and we will take required steps to delete or terminate their account. By using the services or the software, you affirm that you’re of legal age to enter into the terms, or, if are not , that you have obtained parental or guardian consent to enter the terms.

Use By Minors

Use Minors Detailstrickydev@gmail.comUse Minors Details 2

Disclaimer of Warranties.

You agree that the use of the Services is entirely at your own risk. The Services are provided on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company does not make any warranty that the services will meet your requirements, or that access to the services will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. The Company makes no warranties as to the results that may be obtained from the use of the Services or as to the accuracy, quality, or reliability of any information obtained through the Services. The Company disclaims any warranties for other Services or goods received through or advertised on the Services, or accessed through any links on the Services. The Company disclaims any warranties for viruses or other harmful components in connection with the Services. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Limitations of Liability.

Under no circumstances shall the Company be liable for any damages resulting directly or indirectly from any aspect of your use of the Website, Content, or Services. You must evaluate, and agree to bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of the services. You specifically acknowledge that the Company is not liable for the defamatory, offensive, or illegal conduct of Users or third parties. Additionally, in no event will the Company be liable for any special, indirect, incidental, punitive, or consequential damages, including, without limitation, any loss of use, loss of profits, loss of data, cost of procurement of substitute products or services, or any other such damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from (1) the use of, or the inability to use the Services; (2) the cost of procurement of substitute Services, items, or Website; (3) unauthorized access to or alteration of your transmissions or data; (4) the statements or conduct of any third party on the Services; or (5) any other matter relating to the Services. These limitations will apply whether or not the Company has been advised of the possibility of such damages, and notwithstanding any failure of essential purpose of any limited remedy. You acknowledge and understand that the disclaimers, exclusions, and limitations of liability set forth herein form an essential basis of the agreement between you and the Company and that absent such disclaimers, exclusions, and limitations of liability, the Terms and Conditions and your access to the Websites and Services would be substantially different. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

Contact us

It should be noted that whether or not to send us your feedback or bug report is a completely voluntary initiative upon your own decision. If you have concern about your PII being misused, or if you want further information about our privacy policy and what it means, please feel free to email us at trickydev@gmail.com, we will endeavor to provide clear answers to your questions in a timely manner.