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Terms of Use

Last updated: March 27, 2024

SigmaMobile OÜ, registry code: 16290460, Vesivärava 50-201, Tallinn (SigmaMobile, "we", "us" and "our") provides your access to cross–platform application in the wellness category available on our website https://u-food.site ("our Product") under fees and payment terms (please follow clause 6. Trial period fee, Subscription fee, payment terms and cancelation herein for details).

Please read these Terms of Use (hereinafter – Terms) carefully before you start using our Product. Your use of our Product shall be subject to these Terms and by using our Product, you agree to be bound by them.

We reserve the right, at our sole discretion, to amend these Terms at any time without prior notice. An up–to–date version of these Terms will be available in our Product, and any amendments will come into effect immediately upon posting. By continuing to use our Product, you agree to the amended Terms.

1. General disclaimer

1.1. Our Product offers a variety of content (video, audiovisual, text, images, etc.). This Product is developed for entertainment purposes only and is not intended to be used as medical advice, for therapeutic or professional purposes.
1.2. By using our Product, you confirm that you are solely responsible for your state of health and SigmaMobile and its licensees, if any, are not responsible for any results achieved (or not achieved) by you.
1.3. We presume that you are an individual above legal age in good physical condition that allows you to use Product.
1.4. You agree that we are not responsible or liable for any damages you may sustain that result from your use of, or inability to use our Product.

2. License and rights on the content

2.1. We grant you revocable, worldwide, non–transferable and non–exclusive license to access and use our Product for personal non–commercial and non-professional purposes under the fee relevant payment in accordance with the fees and payment terms (please follow clause 6. Trial period fee, Subscription fee, payment terms and cancelation herein for details).
2.2. The term of the provided license starts from the moment you start using our Product and expires with the termination of the Terms in accordance with clause 17. Termination herein.
2.3. All content parts (video, audiovisual, text, images, etc.) related to our Product are protected by copyright and/or other intellectual property rights. These rights are valid and protected in all forms, on all media and in respect of all technologies, whether existing or developed or created afterwards.
2.4. As a result of using our Product, no rights to any of the content parts, including video, audiovisual, text, images, trademarks and other intellectual property, shall pass to you.
2.5. You are not entitled to copy, modify, alter, delete, supplement, publish, transfer, create derivative works from, manufacture or sell products based on our Product and/or use of its content or trademarks and(or) other intellectual property of the SigmaMobile.

3. Registration procedure

3.1. In order to start using our Product you will be required to create an account (the "Account") and will be asked to provide certain personal information. This personal information will be held and used in accordance with our Privacy&Cookies Policy.
3.2. You agree that when creating the Account, you will supply accurate and complete information and that you shall be responsible for keeping it up–to–date.
3.3. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Account (including the information about your login and password combination). We will not be liable in any way for any action taken from your Account, if you lose or pass to any third party the information about your login and password combination.
3.4. You agree that since we are unable to identify the particular person who uses our Product through your Account, we will not be responsible for any losses incurred by you where your Account is used by any third party.
3.5. To create an Account and access to our Product, you must be above legal age, which is at least minimal 18 years old, not barred from using (or not incapable due to disabilities or being minor) to use our Product under applicable law. If you are aware of any person under 18 years old, or being minor or disabled using our Product, please contact us at hello@u-food.site, and we will take required steps to delete his/her Account and personal information.
3.6. The Account can be deleted, if you send a relevant request to hello@u-food.site or click on the Cancel Subscription and follow applicable instructions. Please check also FAQ in order to find out alternative options to delete your Account. After your Account's deletion, the active subscription will be canceled.

4. Functionality of our Product.

4.1. The Product provides you with the different variants of diet. It motivates you to eat right and control your weight.
4.2. All performance indicators of a diet, including weight loss that could be achieved in theory (as you go through the diet courses for a certain period of time) are intended for information purposes only. Your factual progress may differ from the expected due to the specific or individual characteristics of your body, your lifestyle, health and so on.

5. Payment procedure

Your payment will be processed by one of the available third-party payment service providers and in accordance with the procedure set forth by such third-party payment service provider. 

6. Trial period fee, Subscription fee, payment terms and cancelation

6.1. You can use our Product under discount fee of €0 per day (the "Trial period fee") during the first five (5) days after Account registration as a trial period (the "Trial period"). If you don't like our Product or you find that the service does not suit your needs, you must cancel using our Product within the Trial period, otherwise we assume that you are completely satisfied with the Product and accept auto-renewal of the subscription to the Product and therefore give us your consent to process recurring payment of Subscription fee. In order to cancel subscription to the Product, you must access your Account and click on the Cancel Subscription and follow applicable instructions.
6.2. On the next day following the Trial period as you continue using the Product, we will automatically initiate your subscription on a monthly basis and the service will automatically charge the banking card (debit/credit) you have provided the applicable monthly recurring €49.99 fee (the "Subscription fee"), for indefinite period as you continue using the Product.
6.3. You may cancel the use of the Product, the recurring fee withdrawal and terminate the Account in your Account by clicking on Cancel Subscription and following the applicable instruction or check FAQ in order to find out alternative options to delete your Account. After your Account's deletion, the active subscription will be canceled as well.

7. Refund procedure

7.1. You are entitled to request a refund only in the event that you have not received access to the Product after proper payment (the "Access Issues").
7.2. In case of occurrence of the Access Issues, we ask you to contact us immediately at hello@u-food.site. We will make every effort to resolve the Access Issues within 14 (fourteen) business days of you notifying us. If we are unable to resolve the Access Issues within this period, we will make a refund.
7.3. The refund will be made in the same manner in which you made the payment and according to the procedure established by the third-party payment service provider through which you made the payment.
7.4. If for any reason beyond our control you have been unable to use our Product for a certain period of time, have not used any part of the functionality of our Product that you have paid for, or have not completed or started any of course, we will not be responsible for that and you will not be entitled to a refund. By making a payment, you agree that you receive access to and acquire the right to use the functionality of the Product at any time and by any means, subject to the limitations set forth in the Terms. We cannot control and are not responsible for how long and at how frequently you will use the Product.
7.5. If you terminate your Account, the payments made during the period of use of the Product are non–refundable.
7.6. If we terminate your Account on our initiative due to your breach of the Terms, the payments you have made are non–refundable.

8. Auto-renewal of your subscription to the Product

By continuing use of the Product, in case of validity of your Account and other aspects of the Product satisfaction you agree to the automatic renewal of subscription to the Product, otherwise you must withdraw your consent to the automatic renewal and recurring payment of Subscription fee and terminate your Account following the clause 6. Trial period fee, Subscription fee, payment terms and cancelation herein.

9. Technical support

In the event of any failures, malfunctions, errors, inaccuracies in the operation of our Product, you may contact us by sending a corresponding request to the hello@u-food.site.

10. Restrictions on use of our Product

When using our Product, you are prohibited from:
· Use of our Product and the content placed on our Product (video, audiovisual, text, images, etc.) for business, profit purposes or use it in a manner contrary to the Terms or law;
· Placing any personal information of third parties during registration of your Account, including home addresses, telephone numbers, passport details, e–mail addresses, etc.;
· Place any commercial advertisements, commercial offers and campaign information in our Product;
· Insult or otherwise violate the rights and freedoms of other users, third parties or groups;
· Change the software code of our Product in any way, or take actions to change the functionality and performance of our Product;
· Attempt to gain unauthorized access to any portion or feature of our Product, or any other systems, networks, servers, cloud storages connected to accounts of other users and administrators of our Product by hacking, organizing DDoS–attacks, password "mining" or any other illegitimate means.

11. License to use comments, feedback and ideas

Any comments, feedback, or ideas with respect to our Product are provided by you on a non–confidential basis and you grant us a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, improving and marketing our Product.

12. Third–party websites or platforms

Our Product may contain links to third–party websites or platforms that are not owned or controlled by us. Such links are provided for your reference only. We do not control such third–party websites platforms and are not responsible for their content or your use of them, and as a result we do not accept responsibility for the availability, suitability, reliability, or content of such third–party websites platforms. Our inclusion of such links in our Product does not imply any endorsement of the material or the views expressed within them.

13. Advertisement

We may place advertisements, promotions or sponsorship content in our Product (the "Ads"). We are not responsible for any mistakes in the content of such Ads and will not be liable for any losses incurred as a result of your interaction with such Ads, including if you have made any decision based on such Ads, and any goods, products or services offered in such Ads.

14. Lack of warranties

Our Product is provided to you on an "as is" basis and without any representation or warranty of any kind, express or implied. In particular, we do not warrant that our Product will operate fast and uninterruptedly or that any defects in its performance will be corrected. We do not warrant that our Product will meet your needs. You use our Product at your own risk.

15. Indemnification by you

You agree to hold harmless and indemnify us and our authorized officers, directors, employees, agents, partners, licensors, resellers, successors and assigns from and against any third-party claim arising from or in any way related to your breach of these Terms  or your use of our Product in violation of applicable laws, rules or regulations, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney's fees, of any kind and nature.

16. Limitation of liability

16.1. You expressly understand and agree that we shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages incurred by you, including, but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute services, or other loss. The foregoing limitations on our liability shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
16.2. If the limitation of liability provision under applicable law is held invalid, in any case, our cumulative liability for all claims arising from or relating to our Product shall be a maximum of €100.
16.3. In no event will we be liable or responsible for any failure or delay when and to the extent such failure or delay is caused by any circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades, a national or regional emergency, internet connection degradation, strikes, labor stoppages or slowdowns or other industrial disturbances, a passage of a law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications (including the deterioration of internet connection) or transportation.

17. Termination

17.1. The Terms shall be concluded between you and us once you create an Account and shall be valid for an indefinite period.
17.2. You are entitled to terminate these Terms at any time by unsubscribing or by requesting the deletion of your Account and terminating the use of our Product following clause 6. Trial period fee, Subscription fee, payment terms and cancelation herein for details.
17.3. We are entitled to terminate these Terms at our initiative unilaterally without prior notice to you, if you violate any term of these Terms.
17.4. We are also entitled to terminate these Terms unilaterally by sending notice to you regardless of the reason for such termination.
17.5. In case of termination of these Terms you shall immediately cancel the use of the Product, the recurring fee withdrawal and terminate the Account in your Account by clicking on "Cancel subscription" link https://cancel.u-food.site/ and following the applicable instruction or check FAQ in order to find out alternative options to delete your Account. After your Account's deletion, the active subscription will be canceled as well.
17.6. The obligations to pay off debts to SigmaMobile, if any, remain valid until they are fully discharged.

18. Applicable law

18.1. The parties will endeavor to resolve all disputes, controversies and claims that may arise in connection with the execution, termination or invalidation of the Terms by negotiations. The party which has any claims and/or disagreements shall send a message to the other party indicating the claims and/or disagreements that have arisen. The message is sent to the following e–mail address:
· to the user – on to the e-mail address provided during registration;
· to the SigmaMobile – on to the email: hello@u-food.site.
18.2. If any dispute, disagreement or claim was not to be solved by negotiations, such dispute shall be resolved by the competent court at the place of the SigmaMobile residence.

19. Miscellaneous

19.1. Severability. Each of the provisions of these Terms is independent and separable. If any provision is held to be or becomes invalid or unenforceable in any respect under the applicable law, it will not affect the legality, validity or enforceability of any other provision of these Terms. We shall use all reasonable endeavors to replace such provisions by making amendments to these Terms unilaterally in that respect with valid provisions and reflect the essence of the replaced provisions to the maximum extent possible by applicable law.
19.2. Entire agreement. These Terms are the final, complete and exclusive agreement between you and SigmaMobile with respect to the subject matters hereof and supersede and merge all prior discussions and agreements between the parties with respect to such subject matters (including any prior Terms).
19.3. Titles and interpretation. The clauses titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation".
19.4. Assignment. These Terms and your rights and obligations herein may not be assigned by you without our prior written consent, and any attempted assignment in violation of the foregoing will be null and void. We may assign these Terms without your consent. The Terms shall be binding upon assignment procedure completion.
19.5. Independent contractor. Your relationship to us is that of an independent contractor, and neither party is an agent or partner of the other.
19.6. No waiver of rights. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.