TOS Naked Truth
Last Updated: October 3, 2018
By using Naked Truth, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use Naked Truth.
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 Naked Truth 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: -
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 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 Naked Truth through the use of the App Store, you can only cancel your subscription through the use of this service. To find out how to cancel the subscription and/or your account, please follow the instructions in the app or the instructions our friendly support is providing. Special terms and conditions apply to Naked Truth Pro.
You are responsible for safeguarding the password that you use to access Naked Truth. You are responsible for any activity on your account, whether or not you authorized that activity. You should immediately notify Naked Truth of any unauthorized use of your account.
You may use Naked Truth only if you are 13 years or older and are not barred from using Naked Truth under applicable law.
Health and nutritional information
You are responsible for your own health. Naked Truth 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 record what they eat, how they exercise and to help 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. Naked Truth cannot guarantee any health, weight and/or fitness results or improvements. Our Services are only intended for healthy adults. As such, = 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 Naked Truth. Naked Truth cannot guarantee that the nutritional information provided in our database is accurate, reliant or complete. Naked Truth 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.
Auto Renewing Subscriptions
For auto renewing subscriptions completed in our iOS Apps the following terms apply:
Naked Truth Pro
This section only applies when you purchase and/or subscribe to Naked Truth Pro or other paid products. By paying the subscription fee you get access to Naked Truth Pro during the time your subscription is valid, subject to these Terms.
All subscriptions with Naked Truth Pro are paid in advance. Payment will be charged to iTunes Account at confirmation of purchase.
You may at any time terminate your membership, in which case your membership will still be valid for the subscription time you have already paid for. If you have subscribed to Naked Truth through the use of App Store, Google Play Store, Amazon App Store or any other such service provider using in-app purchase, you can only cancel your subscription through the use of their services. Subscription fees can be found within Naked Truth’s mobile application. Special terms and conditions may apply. Naked Truth reserves the right to change the subscription fees from time to time.
You hereby consent to start using the Services immediately upon subscribing with Naked Truth Pro or other paid products. This means that you will only have 14 days to withdraw from the contract with Naked Truth from the date you receive confirmation of your subscription via email if you do not start using the Services during that period. To use your right of withdrawal you must contact our friendly support (you will find our contact details at the bottom of this document). Any prepaid fees will be refunded within 30 days.
Naked Truth and its licensors exclusively own Naked Truth, including all associated intellectual property rights. You acknowledge that Naked Truth is protected by copyright, trademark, and other laws of Germany, the United States and other foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights or notices incorporated in or accompanying Naked Truth.
We respect copyright law and expect you to do the same. It's our policy to terminate those accounts that repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Naked Truth’s services are provided „as is“, without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any implied warranties of merchantability, fitness for a particular purpose, quite enjoyment and non-infringement and any warranties arising out of the course of dealing or usage of trade. Even though we try to prove the following, we make no warranty that Naked Truth will meet your requirements or will be available on an uninterrupted, secure or error-free basis. We make no warranty regarding the quality, accuracy, truthfulness, completeness or reliability of any of our intellectual property.
You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.
Limitation of Liability
Neither Naked Truth nor any other party involved in creating, producing, or delivering Naked Truth, including our Licensors, will be liable for any incidental, special, exemplary or consequential damages, including lost of profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost or substitute services arising out of or in connection with these terms or from the use or of or inability to use Naked Truth. This also pertains to our intellectual property, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Naked Truth has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will Naked Truth’s total liability arising out of or in connection with these terms or from the use of or inability to use Naked Truth or to access your profile exceed the amounts you have paid to Naked Truth for the use of Naked Truth. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Naked Truth and you.
These Terms and any action related thereto will be governed by the laws of Germany without regard to its conflict of laws provisions.
These Terms constitute the entire and exclusive understanding and agreement between Naked Truth and you regarding Naked Truth, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Naked Truth and you regarding Naked Truth, except that if you become a party to Naked Truth Business Agreement, either before or after reviewing these Terms, the terms and conditions of the Business Agreement will govern over any conflicting provisions herein. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Naked Truth’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Naked Truth may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Naked Truth under these Terms, including those regarding modifications to these Terms, will be given: (i) by Naked Truth via email; or (ii) by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Naked Truth’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of iTranslate. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms, please contact us at: firstname.lastname@example.org