Terms of Use

Last updated: 25 May 2018

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using PILIPALA: your thyroid diary mobile application (the “Service”) operated by Salubrious Ltd (“Salubrious”, “us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.

Subscriptions

PILIPALA is purchased via Apple Inc.’s auto-renewing iTunes App Store subscription service. This means your subscription is automatically renewed at the end of the subscription period. You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or quarterly or annual basis, depending on the type of subscription plan you select when purchasing a subscription.

At the end of each Billing Cycle, your subscription will automatically renew under the exact same conditions unless you cancel it or Salubrious cancels it.

You can modify or cancel your subscription at any time by signing in to your iTunes account and changing the settings.

For more details: http://support.apple.com/kb/HT4098

Free Trial

We may, at our sole discretion, offer a subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Salubrious until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your subscription, you will be automatically charged the applicable subscription fees for the type of subscription you have selected.

At any time and without notice, Salubrious reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel the Free Trial offer.

Pricing Changes

We may change the pricing plan at our discretion. In this case we will try to inform you before any changes so you can modify or cancel your subscription before the changes are made. We accept no responsibility for any losses you may incur by failing to change your subscription after we have informed you of any changes to the pricing plan.

Refunds

Your payment is managed by Apple Inc. via iTunes App Store and you will need to contact Apple customer service for refunds, as we are not able to process refunds ourselves.

Promotion and marketing offers

We may offer promotional offers from time to time which may include discount codes or account credits, may be subject to expiration dates and may only be applicable to selected users of the Service. We reserve the right to withhold or remove credit from a user account or end a promotion without notice if at our sole discretion we believe a user is not acting in good faith in relation to the terms of the promotion.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.

Intellectual property and licence grant

Salubrious owns all intellectual property rights in its Service including without limitation it Apps and Websites, including all software and all images, sounds, music, text, icons and other content (“Content”) used within those services as well as the arrangment of that Content.

Salubrious grants you a limited, personal, non-transferable, non-sublicensable, worldwide and non-exclusive licence to use its services for non commercial use only and solely in accordance with these terms and any rules or policies applied by any app store provider or operator from whose site you downloaded an App. The grant and continuation of the above licence is conditional upon your compliance with these terms, our Privacy Policy and any rules or policies applied by any app store provider from which you downloaded an App. You shall not (and shall not allow any third party to), except to the extent expressly permitted under applicable law, copy, modify, frame, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code in the services.

You shall not sell, rent, lease, loan, redistribute, assign, sublicense, republish, grant a security interest in or otherwise transfer any right in the services, in whole or in part.

You shall not remove or modify any copyright and/or other intellectual property notices or watermarks from any Content. Nothing in these terms grants you a licence to use any Salubrious trade marks or the trade marks of any third parties in the services.

Privacy

We are committed to respecting your privacy and the privacy of all individuals using the Service. More information regarding how we may use your personal data can be found in our Privacy Policy. By using the Service, you agree to the terms laid out in our Privacy Policy which is incorporated into these terms by reference.

Termination of service

We may terminate your access and use of the Service and these terms at our discretion if we have good reason to believe you have breached these terms. In such circumstances you are not entitled to any refund. We may modify or discontinue, temporarily or permanently, the Service at our discretion. We will give you notice of such modification or discontinuance wherever possible. You agree that Salubrious shall not be liable to you or to any third party for any modification or discontinuance of the Service.

You may discontinue your use of the Service at any time.

On termination of these terms for any reason:

  • all rights granted to you under these terms shall cease;
  • you shall no longer have access to the Service;
  • you must immediately cease all activities authorised by these terms; and
  • you must immediately delete or remove the App from your devices.

Links to and from other apps and websites

Any links to third party apps and websites are provided solely for your convenience. We have not reviewed all of these third party apps and websites and do not control and are not responsible for these apps/websites or their content or availability. We do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party apps/websites linked to from our Service, you do so entirely at your own risk.

Indemnity

You indemnify and hold Salubrious, and its affiliates, and its and their officers, directors, agents and employees, harmless from any losses, damages, costs, expenses (including reasonable legal fees) or other liability, arising out of any claim, demand, allegation or proceeding brought by any third party due to or arising out of any breach by you of any of these terms or applicable law; your misuse of the Service; your infringement of intellectual property rights or any other third party rights; and/or your failure to provide accurate, up to date information.

Disclaimers

The material within the Service is provided “as is”, without any conditions, warranties or other terms of any kind (other than those required by applicable law and which cannot be excluded by contract) and is used by you at your own risk. Accordingly, to the maximum extent permitted by law, we provide you with the Service on the basis that we exclude all representations, warranties, conditions and other terms which, but for these terms, might have effect in relation to the Service.

While we endeavour to ensure that the Content contained within the Service is correct, we do not warrant the accuracy and completeness of that Content. We may make changes to the content at any time without notice. The Content may be out of date and Salubrious makes no commitment to update such material.

Salubrious does not provide medical advice and the Service is not provided for the purpose of treating, assisting with, or providing any advice in relation to, any medical conditions. Salubrious makes no claims, representations or warranties that the Service provides any medical or therapeutic benefit. Any health information included in the Service or linked to from the Service is for general information purposes only and should not be relied upon. If you want medical advice you should contact a doctor. If you have an existing condition which you think may be affected by using the Service, you should contact a doctor before using the Service.

Limitations and exclusions of liability

Nothing in these terms shall exclude or limit your liability or our liability for death or personal injury caused by negligence; for fraud or fraudulent misrepresentation; or under any indemnity in these terms. Subject to this, we shall not be liable in contract, tort (including, without limitation, negligence), for pre-contract or other representations, or otherwise arising out of or in connection with these terms for:

  • any economic losses (including, without limitation, loss of revenues, profits, contracts, data, business, anticipated savings or cost of substitute services);
  • any loss of goodwill or reputation; or
  • any special, indirect or consequential losses,

in any case, whether or not such losses were within either of our contemplations at the date of acceptance of these terms.

Subject to the above, our liability to you in relation to all events or series of connected events occurring under these terms (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the greater of the total amount of the sums you have paid for the services in the six month period immediately preceding the date of the first event allegedly giving rise to the liability.

Nothing in these terms excludes any statutory rights which may apply to your use of the services which cannot be excluded, restricted or modified by contract.

General

These terms and the relationship between you and Salubrious shall be governed by the laws of England and Wales without regard to any conflict of law provisions of any jurisdiction. Both you and Salubrious agree to submit to the exclusive jurisdiction of the English and Welsh courts, except that Salubrious may seek injunctive relief in any jurisdiction in order to enforce its rights under these terms.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by any act or event beyond our reasonable control, including 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 of use:

  • Our obligations under these terms shall be suspended for the duration of the Event Outside Our Control; and
  • we will use our reasonable endeavours to find a solution by which our obligations under these terms may be performed despite the Event Outside Our Control.

No person other than you and Salubrious shall have any rights under these terms in relation to your use of the Service. We may transfer our rights and obligations under these terms to another organisation, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or obligations under these terms if we agree in writing.

Any failure of or delay by Salubrious to exercise or enforce any right or provision of the terms shall not constitute a waiver of this right or provision. If any provision of the terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the terms shall remain in full force and effect.

You agree that these terms represent the entire understanding between you and Salubrious in respect of your relationship with Salubrious. These terms supersede any previous agreements between you and Salubrious including any previous version of these terms.

Contact Us

Questions, comments and requests regarding our Terms of Use are welcomed and should be addressed to help@salubrious.co.

Copyright 2018 Salubrious Ltd. All rights reserved.

© 2018 Salubrious Ltd

Registered Office: Devonshire House, Manor Way, Borehamwood, Herts WD6 1QQ. Registered in England & Wales, no. 4051176