Terms of service
1. Introduction
I-M-Ó-N INTERNATIONAL PC, a company duly incorporated
and organized under the laws of EU, having its registered
address at Lofos Nymfon 1, Agios Stefanos 14565, ATHENS,
GREECE (hereinafter also referred to as “us”, “we”, “our” and
“ I-M-Ó-N”) offers you (hereinafter referred to as "Users",
“You”, “Your”) a technical solution accessible via mobile App
(hereinafter referred to as "the Platform"), by means of which
you can use a Personalized nutrition and exercise system that
allows you to monitor and improve your metabolism and well-
being.
The Platform explicitly is not intended to diagnose, treat, cure,
or prevent any diseases. Always seek the advice of qualified
health providers with any questions you may have regarding a
medical condition. Never disregard professional medical
advice or delay in seeking it because of something you have
read on the Platform.
“Platform” means the App and any related software, materials,
information or documentation that we may provide to you in
connection with your use of the App, and any content, writing,
images, audio-visual content or other information published on
the software or on the materials, information or documentation
that we provide to you. The Platform is a nutrition and exercise
system that allows you to monitor your daily activity (based on
the analysis of personalized bio-algorithms) through the usage
-of one or more of the following : algorithmic questionnaires,
mobile bio-device, nutrition plan, exercise plan, lab testing
results, lifestyle recommendations and wellness feedback,
based on your : health history, profile and status, daily activity
measurements, daily nutritional habits, helping you look after
your cellular and body function.
IMPORTANT NOTICE
By downloading the App(s) or clicking on the "accept" button
below or accessing and/or using the Platform and related
services you agree to these Terms and Conditions which
include our Privacy Policy and such agreement constitutes a
binding contract between you and I-M-O-N.
Any access, browsing or use of the platform without your
agreement to be bound by all of these terms and conditions is
prohibited. If you do not understand the terms and conditions
or are unwilling to be bound by all of these terms and
conditions, then do not access, browse or use the platform.
2. User Eligibility
PERSONS UNDER THE AGE OF 18 ARE NOT PERMITTED
TO ACCESS OR USE THE I-M-O-N SERVICES UNLESS
THEIR PARENT OR LEGAL GUARDIAN HAS READ AND
ACCEPTED THESE TERMS AND CONDITIONS ON THEIR
BEHALF AND TAKEN FULL RESPONSIBILITY FOR
COMPLIANCE WITH THESE TERMS AND CONDITIONS, IN
ACCORDANCE WITH APPLICABLE LAW.
By consenting to these Terms and Conditions, downloading
and/or using the App, or allowing it to be downloaded and/or
used, you acknowledge that: a) You are at least 18 years of
age or any other legal age required to form a contract in your
jurisdiction; b) You have the right, authority and legal capacity
to consent to these Terms and Conditions; c) You have read,
understood and agree to be bound by these Terms and
Conditions (including our “Privacy Policy”) with respect to
yourself and any minor child authorised by you.
If you are a parent or guardian permitting a person under the
age of 18 (a ‘Minor’) to create an account, you also agree to:
exercise supervision over the Minor's use of the
Platform and account;
assume all risks associated with the Minor's use of the
Platform and their account, including the transmission
of content or information to and from third parties via
the Internet;
ensure that the content and information that the Minor
may encounter on the Platform are suitable for the
Minor;
assume liabilities resulting from the Minor's use of the
Platform and their account;
ensure the accuracy and truthfulness of all information
submitted by the Minor; and
provide the consents contained in these Terms and
Conditions on behalf of the Minor.
IF YOU FAIL TO COMPLY WITH THESE TERMS &
CONDITIONS WE MAY IMMEDIATELY DEACTIVATE OR
DELETE YOUR USER ACCOUNT AND ALL RELATED
INFORMATION AND FILES IN YOUR USER ACCOUNT
AND/OR RESTRICT ANY FURTHER ACCESS TO SUCH
INFORMATION AND/OR FILES, OR OUR SERVICES, WITH
OR WITHOUT NOTICE.
2.1 Description and Use of the Platform
As a core offering, the Platform (via the mobile app) allows
you to monitor your daily activity (based on the analysis of
personalized bio-algorithms) through the usage -of one or
more of the following : algorithmic questionnaires, mobile bio-
device, nutrition plan, exercise plan, lab testing results,
lifestyle recommendations and wellness feedback based on
your : health history, profile and status, daily activity
measurements, daily nutritional habits, helping you look after
your cellular and body function as part of a healthier lifestyle.
I-M-O-N reserves the right to change functionalities or features
of the Platform.
3. License
Accepting these Terms of Service you acknowledge and
agree that the Platform is provided under license, and not
sold, to you.
In consideration of you agreeing to abide by these Terms and
Conditions, we grant you a non-transferable, non-exclusive,
revokable, limited licence (SOMA 1) to use the Platform,
subject to these Terms and Conditions (including our Privacy
Policy) and any rules or policies applied by any appstore
provider or operator from whose site, located at
https://play.google.com/store/apps and
https://itunes.apple.com/gb/genre/ios/id36 (appstore), the end-
user downloaded the App.
We reserve all other rights.
4. Registration, Account
You may need to be a registered member to access the
Platform.
When you register and activate your account, you will provide
us with personal information and/or sensitive information
including your Name, Email and Phone Number.
You are entirely responsible for maintaining the confidentiality
of the information held in the Platform and for all activity that
occurs in the Platform on your account.
You are responsible for maintaining the confidentiality of your
account and for all activities which occur through the use of
your account, which includes but is not limited to not
disclosing your login details to anyone else or allowing
someone else to use your login details or account. You agree
to: (i) immediately notify us of any unauthorized access to or
use of your account or any other breach of security; (ii) ensure
that you secure your account, computer and mobile device
from third party access (iii) accept full responsibility for the
activities carried out by the use of your account. We will not be
liable for any loss or damage arising from your failure to
comply with this Section.
We will handle all personal information and sensitive
information we collect in accordance with our Privacy Policy
and as further referenced in section 5 (Privacy) below.
5. Privacy
In order to provide you with our products and services , we
may process personal information and/or sensitive information
about you and for the purposes otherwise set out in
our Privacy Policy. You acknowledge that you are
responsible for ensuring the accuracy of any such information.
By providing your personal information and/or sensitive
information to us, you consent to the collection, use, storage
and disclosure of that information as described our Privacy
Policy and these Terms and Conditions, as well as applicable
regional privacy and health data protection laws, including the
General Data Protection Regulation 2016/679 (GDPR).
6. Updates, Accuracy, completeness and Timeliness of
Information
The information on the Platform is not comprehensive and is
intended to provide a summary of the subject matter covered.
While we use all reasonable attempts to ensure the accuracy
and completeness of the information on the Platform, to the
extent permitted by law, including the applicable Consumer
Law, we make no warranty regarding the information on this
Platform. You should monitor any changes to the information
contained on the Platform.
We are not liable to you or anyone else if interference with or
damage to your systems occurs in connection with the use of
the Platform or a linked website or Platform. You must take
your own precautions to ensure that whatever you select for
your use from the Platform is free of viruses or anything else
(such as worms or Trojan horses) that may interfere with or
damage the operations of your systems.
We may at our sole discretion, from time to time and without
notice, change or make additions to or update the Platform
(including the Terms and Conditions) or the information,
products or services described in it. We will notify you of
changes to our Terms and Conditions. By continuing to use
the Platform you agree to be bound by the amended Terms
and Conditions. You agree to promptly install any software
update that we provide and agree that updates may be
installed automatically, without any additional notice being
provided to you and without any additional consent being
obtained from you. We do not however undertake to keep the
Platform updated. We are not liable to you or anyone else if
errors occur in the information on the Platform or if that
information is not up-to-date.
7. Licence restrictions
Except as expressly set out in these Terms and Conditions or
as permitted by any local law, you agree:
1. not to copy the Platform or Documents except where
such copying is incidental to normal use of the
Platform, or where it is necessary for the purpose of
back-up or operational security;
2. not to rent, lease, sub-license, loan, share, translate,
merge, adapt, vary or modify the Platform or
Documents;
3. not to make alterations to, or modifications of, the
whole or any part of the Platform, or permit the
Platform or any part of it to be combined with, or
become incorporated in, any other programs;
4. not to disassemble, decompile, reverse-engineer or
create derivative works based on the whole or any
part of the Platform or attempt to do any such thing
except to the extent that such actions cannot be
prohibited because they are essential for the purpose
of achieving interoperability of the Platform with
another software program, and provided that the
information obtained by you during such activities:
1. is used only for the purpose of achieving
interoperability of the Platform with another
software program;
2. is not unnecessarily disclosed or
communicated without our prior written
consent to any third party; and
3. is not used to create any software that is
substantially similar to the Platform;
5. to keep all copies of the Platform secure and to
maintain accurate and up-to-date records of the
number and locations of all copies of the Platform;
6. to include our copyright notice on all entire and partial
copies you make of the Platform on any medium;
7. not to provide or otherwise make available the
Platform in whole or in part (including object and
source code), in any form to any person without prior
written consent from us; and
8. to comply with all laws and regulations (including
technology control or export laws and regulations that
apply to the technology used or supported by the
Platform or any Service (Technology));
together referred to as Licence Restrictions.
8. Acceptable Use Restrictions
You must:
1. not use the Platform or any Service(s) in any unlawful
manner, for any unlawful purpose, or in any manner
inconsistent with these Terms and Conditions, or act
fraudulently or maliciously, for example, by hacking
into or inserting malicious code, including viruses, or
harmful data, into the Platform, any Service(s) or any
operating system;
2. not infringe our intellectual property rights or those of
any third party in relation to your use of the Platform
or any Service(s), including the submission of any
material (to the extent that such use is not licensed by
these Terms and Conditions);
3. not transmit any material that is defamatory, offensive
or otherwise objectionable in relation to your use of
the Platform or any Service(s);
4. not use the Platform or any Service(s) in a way that
could damage, disable, overburden, impair or
compromise our systems or security or interfere with
other users;
5. not collect or harvest any information or data from any
Service(s) or our systems or attempt to decipher any
transmissions to or from the servers running any
Service(s); and
6. not take any act that would constitute a breach of
either the privacy (including uploading private or
personal information without an individual's consent)
or any other of the legal rights of individuals;
together referred to as Acceptable Use Restrictions.
9. Assignment/Sub-Contracting
We may transfer or assign our rights and obligations under
these Terms and Conditions to another organisation, but this
will not affect your rights or our obligations under these Terms
and Conditions.
You may not transfer or assign any of your rights or
obligations under these Terms and Conditions, nor sub-
license the use (in whole or in part) of the Platform without
prior written consent from Ι-Μ-Ο-Ν.
10. Termination
You are entitled to stop using the Platform at any time and to
terminate your agreement with us, including if you do not
agree with any changes to the Platform or these Terms and
Conditions.
We may choose to terminate your licence to use the Platform
at any time and at our sole discretion. Subject to our
immediate termination rights set out below, If we choose to
terminate your agreement with us we will provide you with two
weeks‘ notice.
Either party’s right to terminate the agreement for cause
remains unaffected.
We may terminate your licence to use the Platform
immediately by written notice to you:
1. if you commit a material or persistent breach of these
Terms and Conditions (other than any breach of
Licence Restrictions or the Acceptable Use
Restrictions) which you fail to remedy (if remediable)
within 14 days after the service of written notice
requiring you to do so; and
2. if you breach any of the Licence Restrictions or the
Acceptable Use Restrictions.
On termination for any reason:
1. all rights granted to you under these Terms and
Conditions (including your licence to access and use
the Platform) shall cease;
2. you must immediately cease all activities authorised
by these Terms and Conditions, including your use of
the Platform; and
3. you must immediately delete or remove the App(s)
from all Devices, and immediately destroy all copies of
the App(s) and related documents then in your
possession, custody or control and certify to us that
you have done so.
Any of these Terms and Conditions that would, by their nature,
be expected to survive termination shall remain in full force
and effect.
11. Warranties and Disclaimers
THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. YOU AGREE AND ACKNOWLEDGE
THAT YOU ARE SOLELY RESPONSIBLE FOR
EVALUATING AND DETERMINING WHETHER THE
PLATFORM IS FIT FOR YOUR PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
INCLUDING THE APPLICABLE CONSUMER LAW, THE
PLATFORM AND CONTENT IS PROVIDED WITHOUT
WARRANTY OR GUARANTEE OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE
NO WARRANTIES OR REPRESENTATIONS ABOUT THE
PLATFORM OR THE CONTENT, INCLUDING BUT NOT
LIMITED TO WARRANTIES OR REPRESENTATIONS THAT
THEY WILL BE COMPLETE, ACCURATE OR UP-TO-DATE,
THAT ACCESS WILL BE UNINTERRUPTED OR ERROR-
FREE OR FREE FROM VIRUSES, OR THAT THE
PLATFORM WILL BE SECURE. THE ENTIRE RISK AS TO
THE QUALITY AND PERFORMANCE OF THE PLATFORM
IS WITH YOU.
We reserve the right to interrupt, restrict, suspend or terminate
without notice your access to the Platform, any Content, or
any feature of the Platform at any time without notice and we
will not be responsible for any loss, cost, damage or liability
that may arise as a result.
YOU INDEMNIFY, KEEP INDEMNIFIED AND HOLD US
HARMLESS AGAINST ANY LOSSES, LIABILITIES, CLAIMS,
DAMAGES, EXPENSES, CHARGES, FINES, PENALTIES
OR OTHER COSTS WHATSOEVER (‘DAMAGES’) WHICH
WE, OR ANY OF OUR DIRECTORS, EMPLOYEES,
OFFICERS, AGENTS, REPRESENTATIVES OR
CONTRACTORS MAY INCUR, DIRECTLY OR INDIRECTLY
IN CONNECTION WITH YOUR USE OF THE PLATFORM
(INCLUDING ANY BREACH OF THESE TERMS AND
CONDITIONS), EXCEPT WHERE SUCH DAMAGES ARE
CAUSED BY OUR GROSS NEGLIGENCE OR WILFUL
MISCONDUCT.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW,
INCLUDING THE APPLICABLE CONSUMER LAW, IN NO
EVENT SHALL WE BE LIABLE TO YOU FOR DAMAGES,
INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE
OR INABILITY TO USE THE PLATFORM (INCLUDING BUT
NOT LIMITED TO LOSS OF DATA OR DATA BEING
RENDERED INACCURATE OR LOSSES SUSTAINED BY
YOU OR THIRD PARTIES OR A FAILURE OF THE
PLATFORM TO OPERATE WITH ANY OTHER
PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
13. Interpretation of Sections 11 and 12
If any disclaimer of warranty and limitation of liability provided
above cannot be given local legal effect according to their
terms, reviewing courts shall apply local law that most closely
approximates an absolute waiver of all civil liability in
connection with the Platform.
If any Damages may not be excluded by law, to the maximum
extent permitted by law our liability is limited, at our sole
election, to refunding the fees paid under these Terms and
Conditions or to providing, replacing or repairing the Platform.
14. Notification
If you wish to contact us in writing, or if any condition requires
you to give us notice in writing, you can send this to us by e-
mail to info@ismadeofnature.com.
If we have to contact you or give you notice in writing, we will
do so by e-mail to the address you provide to us in your
request for the Platform.
15. Events Outside Our Control
We will not be liable or responsible for any failure to perform,
or delay in performance of, any of our obligations under these
Terms and Conditions that is caused by any act or event
beyond our reasonable control, including but not limited to
acts of God, acts of civil or military authorities, riots,
embargoes, acts of nature, natural disasters or failure of public
or private telecommunications networks (‘Event Outside Our
Control’).
If an Event Outside Our Control takes place that affects the
performance of our obligations under these Terms and
Conditions:
1. our obligations under these Terms and Conditions will
be suspended and the time for performance of our
obligations will be extended for the duration of the
Event Outside Our Control; and
2. we will use our reasonable endeavours to find a
solution by which our obligations under these Terms
and Conditions may be performed despite the Event
Outside Our Control.
16. Third party services
The Platform may contain links to websites operated by third
parties. Those links are provided for convenience and may not
remain current or be maintained. Unless expressly stated
otherwise, we do not endorse and are not responsible for the
content on those linked websites and have no control over or
rights in those linked websites.
17. Intellectual Property Rights
Unless otherwise indicated, we own or license from third
parties all rights, title and interest (including copyright,
designs, patents, trademarks and other intellectual property
rights) in the Platform and in all of the material (including all
text, graphics, logos, audio and software) made available on
the Platform (Content). You will always own your own health
information.
Your use of the Platform and use of and access to any
Content does not grant or transfer any rights, title or interest to
you in relation to the Platform or the Content.
Any reproduction or redistribution of the Platform or the
Content is prohibited and may result in civil and criminal
penalties. In addition, it is expressly prohibited to copy the
Content to any other server or location, for publication,
reproduction or distribution.
All other use, copying or reproduction of the Platform, the
Content or any part of it is prohibited, except to the extent
permitted by law.
18. Other Important Terms
18.1 Assignment
We are entitled to assign any of its rights and obligations
under these Terms, in whole or in part, without restriction to
any person or entity at any time with or without your consent.
You may not assign these Terms and Conditions, or assign,
sublicense, pledge, or otherwise transfer or share the benefit
of any or all of your rights, if any, in the Service, and any
attempt to the contrary is void.
18.2 Modifications
We may change the services provided through the Platform at
any time in our sole discretion, such as by adding or removing
features or discontinuing the services. In addition, we are
entitled to modify these Terms and Conditions at any time. If
you do not wish to accept such Terms you can terminate your
account. Any continued use by you of the Services following
notification of modified Terms shall constitute acceptance by
you of such terms.
18.3 Severability
If any provision of these Terms and Conditions shall be
unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from these Terms and
Conditions and shall not affect the validity and enforceability of
any remaining provisions.
18.4 No Waiver
No waiver by either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding or
subsequent breach or default.
19. Jurisdiction and Governing Law
These Terms and Conditions are governed by and interpreted
in accordance with the laws of EU. We both agree that the
courts of Greece shall have exclusive jurisdiction to settle any
dispute, controversy or claim arising out of, or in connection
with, this Agreement, or the breach, termination or invalidity of
the Agreement. Consumers still have the possibility to invoke
mandatory provisions of the laws of their own country.
Revised: November 11, 2022