CarboPlanner Terms of Service

1. Introduction

Welcome to CarboPlanner ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of CarboPlanner's website, mobile applications, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use our Services.

2. About Us

CarboPlanner is a company registered in Denmark, offering Software as a Service (SaaS) solutions for personalized nutrition and performance planning. Our mission is to help individuals and businesses achieve their health and fitness goals through tailored meal plans, activity tracking, and expert advice.

Company Information:

Name: CarboPlanner ApS
CVR Number: 44822458
P-nummer address: Cortex Park 26, 5230, Odense M, Denmark
Contact Email: kontakt@carboplanner.com

3. Applicability

These Terms apply to all users of our Services, including:

Consumers (B2C): Individuals using our Services for personal, non-commercial purposes.
Businesses (B2B): Companies or organizations using our Services for commercial purposes, including employee wellness programs or client offerings.

Additional terms may apply to specific features or offerings, and those terms will become part of your agreement with us if you use those features or offerings.

4. Eligibility

For Consumers: You must be at least 16 years old to use our Services. By using our Services, you represent and warrant that you have the legal capacity to enter into this agreement.
For Businesses: The individual accepting these Terms on behalf of a business represents and warrants that they have the authority to bind the business to these Terms.

5. User Accounts

5.1 Account Creation

To access certain features of our Services, you must register for an account. You agree to:

Provide accurate, current, and complete information during registration.
Update your information to keep it accurate and current.
Maintain the confidentiality of your account credentials.
Notify us immediately of any unauthorized use of your account.

5.2 Account Responsibilities

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to comply with the above requirements.

6. Services and License

6.1 Provision of Services

We grant you a non-exclusive, non-transferable, revocable license to access and use our Services in accordance with these Terms.

6.2 Restrictions

You agree not to:

Copy, modify, or create derivative works based on the Services.
Reverse engineer, decompile, or attempt to extract the source code of our software.
Use the Services for any unlawful or unauthorized purpose.

7. Content

7.1 User-Generated Content

Our Services may allow you to create, upload, or share content such as text, images, and other materials ("User Content"). You retain ownership of your User Content.

7.2 License to Use User Content

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such content for the purpose of operating and improving our Services.

7.3 Content Standards

You agree that your User Content will not:

Infringe on any third-party rights, including intellectual property rights.
Contain defamatory, obscene, or illegal material.
Promote violence, discrimination, or illegal activities.

We reserve the right to remove any User Content that violates these Terms.

8. Intellectual Property Rights

All intellectual property rights in the Services, including software, text, images, and trademarks, are owned by us or our licensors. Except as expressly provided in these Terms, you are not granted any rights to use our intellectual property.

9. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal data in compliance with the General Data Protection Regulation (GDPR) and Danish data protection laws.

10. Fees and Payments

For Businesses (B2B):

Subscription Fees: Businesses may be required to pay subscription fees to access certain features. Fees are specified in the service agreement or order form.
Payment Terms: Fees are payable in advance and are non-refundable, except as required by law.
Late Payments: Late payments may incur interest at the rate permitted by Danish law.

For Consumers (B2C):

Free and Paid Services: Some Services may be offered free of charge, while others require payment.
Right of Withdrawal: Consumers have the right to withdraw from a paid subscription within 14 days of purchase, provided that the service has not been fully performed. To exercise this right, contact us at kontakt@carboplanner.com.

11. Termination and Suspension

11.1 By You

You may terminate your account at any time by contacting us or through your account settings.

11.2 By Us

We may suspend or terminate your access to the Services if:

You breach these Terms.
We are required to do so by law.
We discontinue the Services.

11.3 Effect of Termination

Upon termination, your right to use the Services will cease immediately. We may delete your User Content unless we are required to retain it by law.

12. Limitation of Liability

12.1 Consumers

Nothing in these Terms limits your rights under Danish consumer protection laws. We are liable for damages resulting from our negligence or intent that cause death or personal injury. For other damages, our liability is limited to the amount paid by you for the Services in the 12 months preceding the incident.

12.2 Businesses

To the fullest extent permitted by law, we are not liable for indirect, incidental, or consequential damages, loss of profits, revenue, data, or goodwill. Our total liability is limited to the fees paid by the business in the 12 months preceding the incident.

13. Warranties and Disclaimers

13.1 Services Provided "As Is"

We provide the Services on an "as is" and "as available" basis. We do not warrant that the Services will be uninterrupted, error-free, or secure.

13.2 No Medical Advice

Our Services provide nutritional and fitness information for informational purposes only. They are not a substitute for professional medical advice. Always consult a qualified healthcare provider before making significant changes to your diet or exercise regimen.

14. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, liabilities, losses, or expenses arising out of your use of the Services, your User Content, or your violation of these Terms.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of Denmark without regard to conflict of law principles.

15.1 Consumers

Any disputes will be resolved by the competent courts in your place of residence in Denmark.

15.2 Businesses

Any disputes will be resolved exclusively by the courts of Denmark.

16. Changes to Terms

We may modify these Terms from time to time. If we make material changes, we will provide at least 30 days' notice before the new terms take effect. Your continued use of the Services after the effective date constitutes your acceptance of the new Terms.

17. Miscellaneous

17.1 Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and us regarding the Services.

17.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.

17.3 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights without restriction.

18. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

Email: kontakt@carboplanner.com
P-number address:
- CarboPlanner ApS
  Cortex Park 26
  5230 Odense M
  Denmark

Annex A – Additional Terms for Business Customers (B2B)

A1. Applicability

This Annex applies specifically to business customers using our Services in a commercial context.

A2. Service Level Agreement (SLA)

We may agree on specific service levels with you, detailed in a separate SLA document.

A3. Confidentiality

Both parties agree to keep confidential any proprietary information received from the other party that is marked as confidential or would reasonably be considered confidential.

A4. Data Processing Agreement (DPA)

If required under GDPR, we will enter into a Data Processing Agreement to outline our respective obligations regarding personal data processing.

Annex B – Additional Terms for Consumers (B2C)

B1. Right of Withdrawal

As a consumer, you have the right to withdraw from this agreement within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

B2. Exercise of Right

To exercise the right of withdrawal, you must inform us of your decision by an unequivocal statement (e.g., a letter sent by post or email).

B3. Effects of Withdrawal

If you withdraw from this agreement, we shall reimburse all payments received from you without undue delay and no later than 14 days from the day on which we are informed about your decision.

Annex C – Community Guidelines

We strive to create a respectful and positive environment. You agree not to engage in any prohibited conduct, including but not limited to:

Harassment, hate speech, or discrimination.
Posting content that is illegal, obscene, or infringes on intellectual property rights.
Engaging in fraudulent or deceptive practices.

Violation of these guidelines may result in suspension or termination of your account.

Annex D – Health and Safety Disclaimer

Our Services provide general health and fitness information. They are not medical advice. You should consult a healthcare professional before starting any new diet or exercise program. Use of our Services is at your own risk.

Annex E – App Stores

When accessing our mobile applications through an app store (e.g., Apple App Store, Google Play Store), you acknowledge that:

The app store is not a party to these Terms.
The app store has no obligation to provide maintenance or support services.
You will comply with the app store's terms and conditions.

Annex F – Changes to Services

We may update or discontinue certain features of the Services at any time. We will notify you of any material changes that affect your use of the Services.

Annex G – Third-Party Services

Our Services may integrate with third-party applications or services. We are not responsible for the availability or accuracy of such third-party services, nor do we endorse them. Your use of third-party services is subject to their terms and conditions.

Annex H – Force Majeure

We are not liable for any failure or delay in performing our obligations under these Terms if such failure or delay is caused by events beyond our reasonable control, including but not limited to acts of God, war, pandemics, or governmental actions.

Annex I – Language

These Terms are drafted in English. If they are translated into other languages, the English version prevails in case of discrepancies.

Disclaimer
This Terms of Service is provided for informational purposes and does not constitute legal advice. We recommend consulting with a qualified attorney to ensure that your Terms of Service comply with all applicable laws and regulations.

Last updated: 10. October 2024