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Acetrack Terms and Conditions

Last Updated: 04/07/2018

Thank you for using our products and services (the “Service/s”). By becoming a member or using our Services, you accept and agree to these Terms and Conditions (“Terms”). Therefore, it is important that you carefully read through these Terms. If you do not consent to these Terms, you should not register with Acetrack.

About Acetrack

Acetrack is a service developed and provided by Deversify AB. The app of the service is available in the iPhone App Store as “Acetrack” and the Google Play Store as “Acetrack”. The purpose of Acetrack is measure your acetone levels in exhaled breath, which is a biomarker for ketosis.

Using our Services

To use our Services, you must follow some simple rules. The Service is only available for your private use and is not intended for commercial use. Do not misuse the Services, so that either Acetrack or anyone else is harmed in any way. You may only use the Services as permitted by law and these Terms. By using our Services, you agree that:

  • All of the personal data provided by you is accurate and up to date.
  • You are solely responsible for all activities on your account and all the content that is uploaded and/or created under your Acetrack account (“User Material”).
  • Acetrack does not monitor the contents of the Service, but may at any time choose, at its sole discretion, to remove User Material from the Service and/or your user account and to terminate your account and membership.
  • Your membership, including your email and password, with Acetrack, is personal and may not be transferred or used by someone else. You are responsible for storing your login details in a safe manner. Acetrack is not in any way responsible for any loss or damage caused by unauthorized access to your account or use of your login details. If you learn of or suspect any unauthorized use of your account, you must immediately inform Acetrack’s Customer Service. Contact details are available at the bottom of this document.
  • Acetrack is not intended for use by persons under the age of 13. To use Acetrack, you must be at least 13 years old.
  • Violation of any of these Terms will lead to a direct termination of your user account and subscription. If you violate these terms, you will not get a refund.
  • You may not engage in any commercial activities, advertise and/or provide hints (such as links) on where commercial activities are present through our Services.
  • You may not contribute to any propaganda, religious and/or political views, or contribute with information which in any way contains or involves incitement to racial hatred, child pornography or pornography through the use of our Services. Further, you may not defame, harass or offend other people through the use of our Services.
  • If you have any criticism or feedback regarding Acetrack or our Services, to firstly contact Acetrack to help us to improve our Services.
  • You may not transmit, and/or distribute files that may damage Acetrack or others’ computers or property (such as viruses and trojan horses).
  • You may not share others’ personal information, without their approval.

Your account

You can at any time choose to cancel/end your account at your convenience. Please note that uninstalling the mobile application or closing your account will not automatically stop your subscription — you must actively cancel the subscription. Please note that if you have subscribed to Acetrack through the use of App Store, Google Play Store or any other such service provider, you can only cancel your subscription through the use of their services. To find out how to cancel the subscription and/or your account, please follow the instructions in the app or on the website. Special terms and conditions apply to Acetrack Premium.

Health and nutritional information

You are responsible for your own health. Acetrack is not a medical organization and we will not provide you with any medical advice or diagnosis. The purpose of the Services is solely to help our users to record what they eat, how they exercise and to track their health, weight and fitness progress. Information made available through the Services and by our partners and affiliates shall solely be used for recreational and educational purposes. Always consult with your doctor before starting a diet or fitness program or if you experience any pain or discomfort. Acetrack cannot guarantee any health, weight and/or fitness results or improvements. Our Services are only intended for healthy adults, and please do not use our Services if you suffer from, or might suffer from, any medical condition that may be impaired by diet or exercise. Nutritional information found in our database has not been verified, investigated or reviewed by Acetrack. Acetrack cannot guarantee that the nutritional information provided in our database is accurate, reliant or complete. Acetrack is not responsible for any personal injury or any other damages that may have been the result, direct or indirect, of any use or misuse of the Services.

Intellectual property

All rights in and to the Services, including any trademarks, service marks, trade names and copyrighted content (collectively “Intellectual Property”) presented within the Service are the property of Acetrack and/or third parties. You agree not to use Intellectual Property for any other purposes except for your use of the Service unless required otherwise by applicable mandatory law.
By submitting User Material to Acetrack, you warrant and represent that you hold the copyright, trademark and/or other intellectual property rights to your content. You agree to grant Acetrack a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use User Material to the extent necessary for Acetrack to operate and maintain the Service. This license shall remain valid until the respective User Material is deleted from the Service by you or by Acetrack in accordance with these Terms.

Disclaimer and limitation of liability

You use the Service at your own risk. The Service is provided “AS IS,” without any warranties, and Acetrack does not warrant that the Service and availability thereof will be uninterrupted or error-free. Acetrack does not assume any responsibility for errors or omissions in the information or software or other documents, including User Material, which is referenced by or linked to. References or links to third parties’ websites are provided “AS IS,” without warranty of any kind, either express or implied.
In no event shall Acetrack be liable for any indirect or consequential damages, except in cases of intentional misconduct or gross negligence. To the maximum extent permitted under applicable law, Acetrack’s aggregated liability for any direct damages shall be limited to the lesser of: (i) membership fees paid by the user; (ii) membership fees paid by the user during the previous calendar year; or (iii) 5 000 SEK.

Miscellaneous

For the sake of clarity, Acetrack doesn’t undertake the obligation to monitor the contents of User Material.
You are not entitled to assign your rights and/or obligations under these Terms or use of the Service to any third party without Acetrack’s prior written consent. Acetrack is entitled to assign its rights and/or obligations under these Terms.

Acetrack reserves the right to refuse the Service to anyone for any reason at any time. Acetrack may revise these Terms from time to time and the most current version will always be posted on Acetrack’s website (www.Acetrack.com). Any and all material changes shall become into effect between you and Acetrack upon your acceptance of such changes (e.g., by using the Services after such notification has been made to you or renewing your subscription).

Governing law and dispute resolution

These Terms and the use of the Services are governed by the laws of Sweden, except for its conflicts of laws principles. All claims arising out of or relating to these Terms or the Service shall be resolved by the Swedish public courts, whereby the District Court of Stockholm shall be the court of the first instance.

Contact details

For further information, inquiries or assistance you may contact Acetrack. Customer Service is available in ways specified on the website or in the apps. The channels for support might differ from time-to-time.

Privacy Policy

By installing our mobile application on your private smartphone, you accept the terms and conditions of this Privacy Policy and the processing of your personal data.

Personal data controller

Responsible for the processing of your personal data is:
Deversify AB
559067-6788
Salagatan 23 
753 30 Uppsala, Sweden
contact@getacetrack.com

Information about personal data we collect

When you register an account with Acetrack’s app, we collect the following personal data from you: your email address, username, birth date and height.

When you continue using the app you regularly upload personal data onto your account such as, depending on your use of the app; your breath acetone levels, your exhalation profiles, and optionally manually edited blood ketone levels.

In an ongoing effort to improve our app, additional personal data may be collected from you. In such cases, we will notify you when the personal data collection takes place.

Our use of your personal data

Your privacy is important to us and we will only process your personal data in accordance with this Privacy Policy and relevant personal data regulation.

Customer relationship as a legal ground

It should be noted that marketing sent by Acetrack to you on the basis of a customer relationship as a legal ground for processing personal data, does not require a consent. Such data will be processed and used in compliance with relevant personal data regulation.
Marketing will only be sent to you by Acetrack; no personal data will be transferred to third parties for marketing purposes (other than possibly to service providers on assignment by Acetrack, however these providers do not have any rights to use the data for any other purposes than to what they have been assigned to, on behalf of Acetrack).

Opt-out from marketing

In case you do not want Acetrack to use your personal data for the purpose of marketing, you may at any time opt-out from receiving any further messages by clicking the “unsubscribe” link at the bottom of such a message, or by using such opt-out features as are available in the app settings.

Rectification of personal data

You have the right to request access to and rectification or erasure of your personal data processed by Acetrack. If a request for rectification concerns data that is necessary for Acetrack to offer the services Acetrack’s app provides, such requests will have the effect that your account will be terminated at Acetrack.

If you wish to exercise this right, please contact us at contact@getacetrack.com. An application shall be made in writing and must be signed by you. Alternatively, you can also rectify your personal data by deleting your account via the app.

Transfer of data

Personal data collected from you may be shared with third-party providers of Acetrack that process personal data on behalf of Acetrack; such as server hosting providers, data storage providers, companies carrying out system and sales performance monitoring, customer support systems- and payment service providers. These service providers will be considered processors of your personal data.

At times, some of your personal data by may be transferred and processed to processors, as described above, that are established in the United States or other countries (some of which will be outside the EEA). Acetrack will always apply safeguards to protect your personal data from unauthorized disclosure. We may also transfer your personal data in the event that our business (or part of it) is sold, for instance as part of a merger or acquisition. In case of transfer of data to third parties that are outside of the EU or EEA and that do not offer an adequate level of data protection, Acetrack will apply the EU Commission’s model clauses and/or binding corporate rules, or similar instruments/mechanism, for the safeguarding of integrity and security.

In no event does Acetrack transfer personal data to third parties with the right for such parties to use the data other than on behalf of Acetrack.

Acetrack may further disclose your personal data in order to comply with a legal or regulatory obligation, if we reasonably believe that this is required by law, regulation or other legislation, or in order to protect and defend Acetrack, our business partners or users’ rights and interests, subject always to relevant applicable personal data regulation.

Portability

You have the right to receive your personal data which you have provided to Acetrack, in accordance with relevant personal data regulation, provided that such request does not adversely affect the rights and freedoms of others.

Complaints

If you have any questions or complaints about our processing of your personal data, you are welcome to contact us at contact@getacetrack.com. You also have the right to lodge a complaint with a supervisory authority.

Security of the personal data we process

The security and integrity of your personal data are important to us. In addition to complying with applicable relevant personal data regulation, we use accepted industry standards, technologies, and procedures, such as firewalls, security software, etc., in order to protect the integrity of your personal data and to prevent any unauthorized access. However, no system can be 100% secure, and despite our efforts, there is always a risk of unauthorized access to your personal data. By using our app, you assume this risk. We also urge you to use a unique and strong password to your user account on the Acetrack app as well as to protect such password.

Children

If you are under age 13, you are not allowed to submit any personal data through our app. Further, we encourage parents and legal guardians to monitor their children’s Internet use and to help us in enforcing our Privacy Policy by instructing their children to never provide any personal data through our Service without their permission. If you become aware that a child under the age of 13 has submitted personal data to us, please contact us at contact@getacetrack.com.

Changes to our Privacy Policy

From time to time, it may become necessary to make changes to this Privacy Policy. Therefore, we reserve the right to update and/or modify this Privacy Policy at any time by giving notice to you. Please review this Privacy Policy frequently, and especially before you register an account with us. The date of the last modification is listed at the bottom of this Privacy Policy.

Contact

We will communicate with you by email and notices posted on your mobile device. If you do not wish to receive notices on your mobile device, you can always turn off this service. Please be aware that if you unsubscribe from our mailing list you will still be receiving answers to your questions sent to our support but you will not be receiving promotional emails.
We welcome your feedback regarding our Services. If you have any questions or suggestions regarding our Privacy Policy, please contact us at contact@getacetrack.com.

Last Updated: 2018-06-13