Terms of Use

These Terms of Use govern the use of the GlicoTrack app related distributed through Google Play store(s), collectively referred to as the "Service". By using the Service on any computer, mobile phone, tablet, or other device (collectively the "Device"), you, as a user of the Service, acknowledge that you have read, understood, and agree to be bound by these Terms of Use and any other applicable laws. The Service and the content available therein are developed, operated, and distributed by: GlicoTrack - by Thays Prado. We may change these Terms of Use at any time without prior notice, effective upon posting on the Website and/or the App (as applicable). Your continued use of the Service shall constitute your acceptance of the revised Terms of Use. If you do not agree to these Terms of Use, do not use this Service

License Scope

Subject to these Terms of Use, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Service solely for personal and non-commercial purposes. This license does not allow you to use the Service on any Device that is not owned or legally controlled by you, and you may not distribute or make the Service available on a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the Service. You may not copy (except as expressly permitted by this license or the terms of the relevant certified app store from which you downloaded the App), decompile, reverse engineer, disassemble, attempt to derive the source code, modify, or create derivative works of the App, any updates, or any portion thereof (except and only to the extent that any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of our rights as the licensor. If you breach this restriction, you may be subject to prosecution and damages.

Intellectual Property

All intellectual property of the Service, including materials protected by copyright, trademarks, or patent laws, is either owned by us or by third parties. All trademarks, service marks, and trade names are owned by us, registered, and/or licensed. All content provided by the Service (excluding personal information), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and all other content (the "Content"), is our intellectual property; all rights reserved.

Privacy

Any and all matters concerning the provision of your personal information are governed by our Privacy Policy, and you consent to the collection of such information when using the Service; therefore, we recommend that you read and ensure that you have carefully read the Privacy Policy.

Third-Party Services

The Service may contain links to websites, applications, or other products or services operated by other companies ("Third-Party Services"). We do not endorse, monitor, or have any control over these Third-Party Services, which have separate terms of use and privacy policies. We are not responsible for the content or policies of Third-Party Services, and you access these Third-Party Services at your own risk.

Unauthorized Use

You shall not in any way use the Service or submit to us or to the Service or to any user of the Service anything that, in any respect:

Violates any law, statute, regulation, or statute of any applicable jurisdiction;
Is fraudulent, criminal, or illegal;
Is inaccurate or outdated;
May be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, threatening, defamatory, false, or political;
Impersonates any other person or entity or misrepresents a relationship with any person or entity;
May infringe or violate copyrights or any intellectual property rights (including, without limitation, copyrights, trademark rights, and broadcasting rights) or privacy or other rights of ours or of third parties;
May be contrary to our interests;
Is contrary to any specific rule or requirement that we stipulate in the Service regarding a specific part of the Service or the Service in general;
Involves the use, delivery, or transmission of any virus or anything that may be intended to damage, interfere harmfully, surreptitiously intercept, or expropriate any system, data, or personal information.

Disclaimer

The use of any aspect of the Service is at your own risk. You should consult health advisors and certified medical professionals and make your medical decisions based on their advice. We cannot and do not accept any liability in relation to any activities you may undertake through the use of the Service.

We make no representations or warranties of any kind regarding the Service. Health information, medical advice, and other information may be provided by third parties, including other users of the Service. We cannot accept any liability in relation to any content provided by third parties and/or any other users of the Service. Any actions you take based on the content, notifications, and otherwise provided by the Service are taken at your own risk, and we will not accept any liability in relation to this. You should always verify any information provided through the Service to ensure its accuracy. To the fullest extent permitted by applicable law, the Service is provided "as is" and "as available." We make no representations or warranties of any kind, express or implied, regarding the operation of the Service or any information, content, materials, or products included or referenced therein. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, non-infringement, and fitness for a particular purpose. You acknowledge that the use of the Service is at your own risk. We disclaim any implied or legal warranties (i) regarding the security, accuracy, reliability, timeliness, and performance of the Service; or (ii) that the Service will be error-free or that any errors will be corrected; or (iii) regarding the performance or accuracy, quality, timeliness, completeness, or usefulness of any information provided by the Service. We do not warrant that any description provided through the Service concerning healthcare or otherwise is accurate, complete, reliable, current, secure, or error-free. No communication, information, or advice provided by us or by any of our representatives, whether written or oral, will create any warranty. If you choose to rely on such information, you do so at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

The Service may not be available in all languages or in all countries, and we make no representation that the functionality of the Service is appropriate, accurate, or available for use in any specific location. The availability and pricing of the Service are subject to change.
This disclaimer constitutes an essential part of these Terms of Use.

Limitation of Liability

To the fullest extent permitted by applicable law, under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability, or otherwise, we, our affiliates, or any of our or their employees, directors, officers, agents, vendors, or suppliers shall be liable to you or any third party for any personal injury, including death, or for any indirect, special, incidental, or consequential damages of any nature arising out of or in connection with the use or inability to use the Service, including, without limitation, damages for lost profits, loss of goodwill, loss of data, interruption of business, accuracy of results, computer or device failure or malfunction, even if a representative of ours has been advised or should have known of the possibility of such damages. In no event shall we be liable for any damages in excess of ten United States dollars (US$10).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers of liability may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

Any claims arising from your use of the Service must be filed within one (1) year from the date of the event giving rise to such action. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use, even if the applicable remedy under these Terms of Use fails in its essential purpose.

Indemnification

You agree to defend, indemnify, and hold us, including our officers, directors, employees, agents, subcontractors, licensors, and suppliers, any of our affiliated companies or organizations, and any successors, assigns, or licensees, harmless from and against any claims, actions, or demands, damages, losses, liabilities, judgments, settlements, costs, or expenses (including attorneys' fees and costs) arising directly or indirectly from or related to a) Your breach of these Terms of Use or any person using Your computer, mobile device, password, or login information; b) any claim, loss, or damage suffered by Your use or attempted use (or inability to use) of the Service; c) Your violation of any law or regulation; or d) any other matter for which You are responsible under these Terms of Use or under any applicable law. You agree that your use of the Service shall comply with all applicable laws, regulations, and guidelines.
We reserve the right to assume the exclusive defense and control of any demand, claim, or action arising out of or in connection with this agreement or the Service and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any demand, claim, action, settlement, or compromise negotiation, as requested by us.

Termination

These Terms of Use shall remain in effect until terminated by you or by us.
You may terminate these Terms of Use at any time by ceasing any further use of the Service. You may also terminate your user account using the appropriate deletion functions, if available through the Service.
If you violate these Terms of Use, we reserve the right to terminate your use or access to the Service, including by terminating your account.
However, we may, at our sole discretion, terminate these Terms of Use, your access to any portion or all of the Service, or your account, at any time and for any reason, without penalty or liability to you or any third party. In the event of a breach of these Terms of Use, such actions are additional and do not substitute the limitation of any other rights or remedies that may be available to us. Upon any termination of the Terms of Use by you or by us, you shall immediately uninstall the Application from all your Devices and destroy all materials downloaded or otherwise obtained from the Service, all documentation, and all copies of such materials and documentation. The following provisions shall survive the expiration or termination of these Terms of Use for any reason: Intellectual Property, Disclaimer, Limitations of Liability, Indemnification, Choice of Law and Dispute Resolution, Entire Agreement and Severability.

Choice of Law and Dispute Resolution

These Terms of Use and any non-contractual obligations arising out of or relating to them shall be governed by and construed in accordance with the laws of Brazil and the State of São Paulo.
Any dispute, controversy, or claim arising out of or relating to these Terms of Use, or the breach, termination, or invalidity thereof, shall be finally settled by arbitration in accordance with the rules of the Brazilian Arbitration Chamber ("CAB"). The number of arbitrators shall be one. The legal seat or venue of the arbitration shall be São Paulo, Brazil. The language to be used in the arbitral proceedings shall be Portuguese.

Severability

If any provision of these Terms of Use is deemed unenforceable by a court or other competent jurisdiction, then such provisions shall be amended, limited, or eliminated to the minimum extent necessary for these Terms of Use to otherwise remain in full force and effect.

Assignment

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without our prior explicit written consent.
You agree that these Terms of Use, the Privacy Policy, Web Purchase Refund Policy, and/or the Agreement between you and us, in general, may be assigned by us, at our sole discretion, to any third party.

Contact Us

All notices related to these Terms of Use will be notified to you through the Service or the email address you provided to us.
Please reach out to us with your notices regarding the Service or these Terms of Use through the following contact options: thaysprado.dev@gmail.com

GlicoTrack App Terms & Conditions

last updated: April 16, 2024