Terms of Use – MOTECSO

Terms of Use - monu

Updated: 19 November 2020

As of 19.11, the Terms of Use have been expanded to include APPENDIX A. These are valid for both new and existing users as of the aforementioned date (existing users will be asked to agree again before areas where the additional Appendix A is invoked).

1. General

Users accept these Terms of Use (the “Terms”) as the contractual basis for the use of the app provided (Android and iOS platforms). These Terms do not constitute an amendment and/or supplement to any underlying contracts.

Motecso OG is unilaterally free to change the App at any time, to discontinue it generally or individually and/or to offer it as a paid service under other conditions. Motecso OG may block access to the app at any time, in particular if the user violates the terms of use.

The app is intended for private use only. Commercial use is therefore not permitted.

The range of functions of the app can be found in the app description in the respective stores or on the following page:

https://www.motecso.com/en/app/monu

For the calculation of the basal metabolic rate (basis for further functions) the following formula is used: “Mifflin-St.Jeor formula”.

The app in general and its range of functions (diet plan, all nutritional information, allergies and intolerances and corresponding warnings about products and recipes, etc.) are only a guide / recommendation. The user is responsible for his/her own health and is therefore obliged to check any recommendations of the app independently in order to avoid any health risks. The app and the company “Motecso OG” assume no liability should health problems/consequences occur. The app does not replace professional nutritional advice. All information is without guarantee! For more detailed information, please refer to point 8 of the terms of use.

2. Requirements for the use of the app

All persons who have obtained this application via the Google Play Store or Apple App Store are entitled to use it.

The use of the App implies the acceptance of these Terms of Use, the Privacy Policy and the registration of the User.

3. Login and Registration

The user must download the app from the app download center of the respective app store (Google Play Store or Apple App Store) to his/her end device and install it there.

Afterwards the registration takes place, whereby there are several possibilities (depending on the operating system):

Email/Password registration
Google Sign-In
Sign in with Apple

Motecso OG assumes no liability for the functionality and possible damage of the app if it is downloaded from another download source.

For successful registration, the user must accept the privacy policy and terms of use of Motecso OG or Google Sign-In and “Sign in with Apple”.

The user can contact Motecso OG at any time to delete the account. (If you register but do not accept the terms of use / privacy policy).

4. Costs – Use of the App

4.1. General

The app can be used by the user free of charge until revoked.

Use of the app requires a compatible device (tablet or smartphone) and internet access. Regular updates are required in order to be able to use the app to its full extent at all times. The quality or performance of the app may depend on the following factors: Operating system, hardware, internet connection.

Sometimes there may be maintenance pauses during which the app is not fully usable. These maintenance pauses are kept as short as possible.

Database backups are made regularly. If the user deletes his/her account, it will only be deleted from the backups after 6 months. During this period, however, the data is neither analyzed nor processed.

4.2. Subscription contract

With a subscription, the user receives an increased range of functions, which is described with the respective subscription. The subscription (contract and payments) is processed via Google Pay (Google) and Apple Pay (Apple). If the terms of use are violated, a user with a valid subscription contract can still be blocked/deactivated. For clarification, you can contact Motecso OG at support@motecso.com.

In order to use premium content, an active internet connection must be available. After conclusion/purchase of the subscription, there may be delays until final activation. This period will be kept to a minimum. In case of problems, please contact the support.

5. Materials and services from third parties

Certain content, products and services available through the App may include materials from third parties (e.g., advertising from Admob).

Motecso OG is not responsible for examining or evaluating the content or accuracy.

Likewise, Motecso OG is not responsible or liable and does not guarantee, for websites / products / other materials of third parties.

Motecso OG is not liable in case of data loss. If possible, a restoration will be initiated with the help of a backup.

6. Obligations of the user

The app may only be used by the user. The user is obliged to take all reasonable precautions to protect his/her terminal device from unauthorized access and to keep his/her password secret.

The user is required to provide correct and complete information in order to be able to make full use of the app.

The user is obliged to install the software updates offered by Motecso OG.

7. User liability

In the event of intentional or grossly negligent breach of the duty of care by the user or in the event of misuse of the app, the user shall be liable in full for the damage incurred.

8. Warranty/Liability Motecso OG

Since the App and the associated information, software and documentation are provided free of charge, any liability for defects in quality and title of the App, information, software and documentation, in particular for their correctness, freedom from defects, freedom from third party intellectual property rights and copyrights, completeness and/or usability – except in case of intent or fraudulent intent – is excluded.

Apart from that, Motecso OG only pays compensation for damages caused intentionally or by gross negligence. Liability for slight negligence is excluded. The limitation of liability does not apply to personal injury. Motecso OG does not guarantee the uninterrupted availability of the app.

9. Duration and termination of the contract

The user agreement for the app is concluded for an indefinite period. The right of use ends automatically with the deletion of the account or through the closure of the app operation. The user can terminate the user contract at any time by deleting his/her account in the app or by e-mail.

10. Data protection

You can find the privacy policy in the app, in the app stores or on the website at the following link:

https://www.motecso.com/en/app/monu/data-privacy/

11. Copyright / rights of use of the app App

The app and the content provided are protected by copyright. The user is entitled to use the app and the offered content in the intended manner only in accordance with these terms of use. Motecso OG hereby grants the user a simple, spatially non-restricted and non-transferable right of use to the extent necessary to use the app. The right of use is limited to the term of the user agreement. Any use beyond this without the express prior written consent of Motecso OG is prohibited.

12. Choice of law, place of jurisdiction

Austrian law shall apply with the exception of the UN Convention on Contracts for the International Sale of Goods and any conflict of law provisions. The competent court for 1010 Vienna, Austria, is responsible for disputes. For actions against and by consumers within the meaning of the KSchG, the place of jurisdiction shall be the consumer’s domicile, habitual residence or place of employment in Austria.

12.1. Subscription right of revocation

The processing of subscriptions is handled between Google Play and Apple Pay. This includes the conclusion of the subscription, upgrade, downgrade, termination, cancellation, pause, etc.. If the processing with Google Play and Apple Pay does not work, you have the option to cancel this contract with us within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must inform us

Motecso OG

1150 Wien, Stutterheimstraße 16-18/2/24f

E-Mail: support@motecso.com

of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.

Sample cancellation form

I/we(*) hereby revoke the contract concluded by me/us(*) for the purchase of the

the following goods(*)/the provision of the following service(*): __________________________________________

Ordered on(*)/received on(*): __________________________________________

Name of consumer(s): __________________________________________

Address of consumer(s): __________________________________________

Signature of consumer(s): __________________________________________

Date: __________________________________________

In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

Consequences of revocation:

The provision of the service is free of charge. Therefore, if you revoke this contract, only the provision of the service will cease.

Information accoarding to media law:

Motecso OG (FN 517680 w)

1150 Wien, Stutterheimstraße 16-18/2/Top 24f

Unternehmensgegenstand: IT-Dienstleistung

APPENDIX A

Extension of the general terms of use – user-generated content for the app community.

In the following, the term “Content” is understood to mean everything that is displayed on your terminal device while you are using our services.

1. Ownership and use of content

Definitions

Community – Content describes content that is created by the user. Any other content within the app is MONU content.

In summary, 3 different types of content can be captured.

„Content“:

Any data, information as well as expressions the photos, images, text, ideas, messages, comments, products, recipes, nutritional information, product details, recipe details, recipe steps, copyrights, trademarks, brand concepts, service marks and intellectual property therein, all of which may be generated, provided or otherwise made available on or through the Service (App).

„Community – Content“:

Any Content transmitted, conveyed or made available by Users to or through the use of the Service (App).

„MONU Content“:

Any content that is not community content.

Property right

Community content belongs to the respective user who has made it available.

Content belongs to Motecso OG.

MONU Content and any trademark rights, copyrights, design rights, patents and other intellectual property rights (whether registered or not) in the Services and the MONU Content belong to Motecso OG and/or its affiliates or their respective third parties.

Each user retains ownership and therefore responsibility or other applicable rights to the community content he/she creates, but grants a license to that community content to Motecso OG.

In return, Motecso OG and/or its affiliates or third parties retain ownership, responsibility for and/or other applicable rights to any MONU Content.

Except as otherwise provided in the Terms of Use, any right or license to use MONU Content, including Partner/Third Party Content, is denied.

You agree not to reproduce, publish, distribute, display, modify, or create derivative works based on the Content provided through the Service (App) without the prior written consent of Motecso OG.

Your licence to us

Content (in this case Community Content) published in connection with the Service (App) belongs to you – however, at the same time you grant us permission to use the Content in connection with our Service (App) and to make it available to other users.

We are allowed to edit or remove your content at any time for any reason. Do not publish content that you do not own or do not have permission to publish.

By providing Motecso OG with Community Content through the Service (App), you grant Motecso OG and our users the non-exclusive, irrevocable, royalty-free, freely transferable, sub-licensable, worldwide right and license to use, host, store, cache, reproduce, publish, (publicly or otherwise) display, (publicly or otherwise) distribute, modify (including, without limitation, to adapt to any network, device, or media requirements), publicly perform, or otherwise exploit the Community Content in connection with any Service, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, to conform to the requirements of any network, device, service or medium through which the Services are made available), commercialize, create derivative works from, and otherwise exploit the Community Content. You acknowledge and agree to the following:

(1.) Motecso OG is entitled to organize the publication of community content according to their ideas.

(2.) Motecso OG is not obligated to credit your name for the use of the Community Content, but if Motecso OG chooses to credit your name, the size and placement of the credit will be determined in its sole discretion.

(3.) You are not entitled to any compensation or other payment from us in connection with the use of your Community Content.

The rights you grant in this license are solely for the purpose of allowing Motecso OG to operate the Service in accordance with its functionality and to allow other users to use, improve and develop new Services.

We reserve the right to monitor, remove or edit Community Content for any reason and at any time, including, but not limited to, Community Content that we believe violates these Terms, the Privacy Policy and/or any other Company policies.

You agree to respect the intellectual property rights of others. You represent and warrant that you have all necessary rights to grant Motecso OG the foregoing license to all Community Content submitted by you in connection with the Services, and will indemnify us for any breach of this representation and warranty.

Content retention

Upon deletion of your account or if you remove Community Content from the Service, we may retain your Community Content for a commercially reasonable period of time for backup, archival or audit purposes, or as otherwise provided or permitted by law. Further, Motecso OG and our users may retain and continue to use, store, display, reproduce, publish, modify, create derivative works from, perform and distribute your Community Content otherwise stored or published through the Service. Accordingly, please note that the above license for your Community Content will survive even if you cease to use the Services. This applies in particular to products and recipes you have created yourself, including their details such as nutritional values, ingredients, ingredient steps, etc.

2. Intellectual property/DMCA

We respect intellectual property rights. If you notice a problem of any kind, please send us an email with relevant details to support@motecso.com .

If you believe that Community Content or MONU Content infringes any copyright or trademark under national law, please notify us immediately using the contact information provided.

We guarantee to pursue any allegations of violations that are brought to our attention.

Please include the following information in your report of a suspected injury:

Specification of the material that is violated.
Identification of the material from which the infringement is alleged to have originated, including its location/placement, with sufficient detail to permit us to locate it and verify its existence.
Contact information for the reporting party (the “Reporting Party”), including name, address, telephone number, and email address.
A statement that the material is not released by the owner, his agent or by law.
A statement under penalty of perjury that the information contained in the report is accurate and that the reporting party is authorized to make the report on behalf of the owner.
A physical or electronic signature of a person authorized to act on behalf of the owner of the material that is claimed to be infringing.

Your report must be signed (physically or electronically) and addressed as follows:

You acknowledge that if you do not comply with all of the requirements of this section, your notification may be ineffective. Some of the information contained in a notice of infringement may be forwarded to the user who provided the allegedly infringing content.