Terms of service.
Last updated: 11/23/24
Welcome to DailyProtein (the "App"), owned and operated by Duolaning ("we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of the App. By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the App.
1. Acceptance of Terms
By accessing or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (collectively, the "Agreement"). This Agreement constitutes a legally binding contract between you and Duolaning.
2. Eligibility
Age Requirement: You must be at least 13 years old to use the App. If you are under 18, you must have the consent of your parent or legal guardian.
Compliance with Laws: You agree to comply with all applicable local, state, national, and international laws and regulations.
3. Changes to Terms
Modification Rights: We reserve the right to modify these Terms at any time.
Notification of Changes: We will notify you of significant changes by posting the new Terms on this page and updating the "Last updated" date.
Continued Use: Your continued use of the App after changes have been made constitutes your acceptance of the new Terms.
4. User Accounts
4.1 Account Creation
Registration: To access certain features, you may need to create an account using email authentication, Google Single Sign-On (SSO), or as an anonymous user.
Information Accuracy: You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and complete.
4.2 Account Security
Responsibility: You are responsible for maintaining the confidentiality of your account credentials.
Unauthorized Access: You agree to notify us immediately of any unauthorized use of your account.
4.3 Anonymous Accounts
Usage: If you choose not to create a dedicated account, a Firebase anonymous user is created to enable data saving online and offline.
Limitations: Deleting or uninstalling the App will result in the loss of data associated with the anonymous account.
5. Use of the App
5.1 Permitted Use
Personal Use: The App is intended for your personal, non-commercial use.
Functionality: Features include tracking protein, calories, carbohydrates, and fat; scanning barcodes; earning badges; and sharing data with partners.
5.2 Prohibited Conduct
You agree not to:
Violate Laws: Use the App for any illegal or unauthorized purpose.
Interfere with Services: Disrupt or interfere with the App or servers.
Unauthorized Access: Attempt to gain unauthorized access to other user accounts or the App's systems.
Data Mining: Use any automated system to access the App for data extraction.
6. Health and Medical Disclaimers
Not Medical Advice: The App is for informational purposes only and is not intended to provide medical advice or replace professional consultation.
Consult Professionals: Always consult a qualified healthcare provider before making changes to your diet or exercise routines.
No Warranties: We make no warranties regarding the accuracy or reliability of nutritional information provided.
7. User Content
7.1 Ownership
Your Content: You retain ownership of the content you submit, post, or display on or through the App ("User Content").
7.2 License to Use
Grant of License: By submitting User Content, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display such content for the purpose of operating the App.
7.3 Responsibility
Compliance: You are solely responsible for your User Content and ensuring it complies with these Terms.
Prohibited Content: You agree not to submit content that is illegal, offensive, or infringes on any third-party rights.
8. Intellectual Property Rights
8.1 Ownership
Our Content: The App and its original content, features, and functionality are and will remain the exclusive property of Duolaning and its licensors.
8.2 Restrictions
No Reproduction: You may not reproduce, distribute, modify, or create derivative works of the App without our prior written consent.
Trademarks: "DailyProtein" and all related logos are trademarks of Duolaning. You may not use them without our prior written permission.
9. Third-Party Services and Links
External Links: The App may contain links to third-party websites or services that are not owned or controlled by Duolaning.
No Endorsement: Inclusion of any link does not imply endorsement by us.
User Responsibility: You access third-party content at your own risk and should review their terms and privacy policies.
10. Subscription, Fees, and Refunds
10.1 In-App Purchases
Subscription Plans: We offer subscription-based services with varying features.
Pricing: Prices may vary based on region to ensure affordability.
10.2 Payment Terms
Billing: Payment is processed through the Google Play Store.
Free Trials: Subscriptions may start with a free trial period, after which billing will commence.
10.3 Refund Policy
Standard Refunds: You can request a refund through the Google Play Store within 48 hours of subscription start (or after a free trial ends).
Extended Assistance: If you miss the standard refund window, contact us at reach@duolaning.com. We will assist where possible but make no guarantees.
10.4 Cancellation
Process: You can cancel your subscription at any time via the Google Play Store subscriptions settings.
Effect of Cancellation: Upon cancellation, you will retain access to premium features until the end of the current billing period.
11. Limitation of Liability
No Liability: To the fullest extent permitted by law, Duolaning shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
Maximum Liability: Our total liability to you for any damages shall not exceed the amount you have paid to us in the last six (6) months.
12. Indemnification
You agree to indemnify and hold harmless Duolaning, its affiliates, and its licensors from any claims, damages, obligations, losses, liabilities, costs, or debt arising from:
Your Use: Your use of and access to the App.
Violation of Terms: Your breach of any term of this Agreement.
Violation of Rights: Your violation of any third-party right, including intellectual property or privacy rights.
13. Termination
13.1 By User
Account Deletion: You may terminate your account at any time by contacting us at reach@duolaning.com.
13.2 By Us
Immediate Termination: We may suspend or terminate your account immediately for any breach of these Terms.
Notice: We will provide notice of termination when feasible.
13.3 Effect of Termination
Access Revocation: Upon termination, your right to use the App will immediately cease.
Data Deletion: We will delete your data in accordance with our Privacy Policy.
14. Governing Law
These Terms shall be governed and construed in accordance with the laws of [Insert Jurisdiction], without regard to its conflict of law provisions.
15. Dispute Resolution
15.1 Informal Resolution
Contact Us: Before initiating any legal action, please contact us at reach@duolaning.com to resolve the dispute informally.
15.2 Arbitration
Agreement to Arbitrate: Any disputes arising out of these Terms shall be resolved through binding arbitration in accordance with the rules of [Insert Arbitration Organization].
Exceptions: Claims related to intellectual property rights or breach of confidentiality may be brought in court.
16. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
17. Entire Agreement
These Terms and our Privacy Policy constitute the entire agreement between you and Duolaning regarding the App and supersede any prior agreements.
18. No Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
19. Assignment
You may not assign or transfer these Terms or your rights under them, in whole or in part, without our prior written consent.
20. Electronic Communications
By using the App, you consent to receive electronic communications from us. These communications may include notices about your account and are part of your relationship with us.
21. Health and Safety Risks
Acknowledgment: You acknowledge that tracking dietary intake involves personal health data.
Assumption of Risk: You assume all risks associated with using the App, including any reliance on nutritional information provided.
22. Data and Security
Security Measures: We implement multiple security measures, including Firebase real-time database rules and cloud functions.
No Absolute Security: While we strive to protect your data, we cannot guarantee absolute security.
23. Third-Party APIs
Edamam and OpenFoodFacts: The App uses these APIs for food search and barcode scanning.
No Control: We do not control these third-party services and are not responsible for their content or policies.
User Responsibility: Review the privacy policies and terms of these third-party services.
24. Changes to the App
We reserve the right to modify or discontinue, temporarily or permanently, the App or any features without prior notice.
25. Feedback and Suggestions
Any feedback, comments, or suggestions you may provide regarding the App is entirely voluntary, and we will be free to use such feedback without any obligation to you.
26. Contact Information
If you have any questions about these Terms, please contact us at:
Email: reach@duolaning.com
Address: [Insert Mailing Address if applicable]
27. Partner Features
Functionality: Allows users to share macro entries with partners upon mutual acceptance.
User Responsibility: You are responsible for managing your partner connections and the information you share.
28. Disclaimer of Warranties
"As Is" Basis: The App is provided on an "as is" and "as available" basis.
No Warranties: We disclaim all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
29. Third-Party Data Handling
No Liability: We are not responsible for how third-party services like Google or Firebase handle your data.
Independent Policies: These third parties have their own terms and privacy policies.
30. Children's Use
Age Restriction: The App is not directed at children under 13.
Parental Consent: If you become aware that your child has provided us with personal information without your consent, please contact us.
31. Force Majeure
We shall not be liable for any failure to perform due to causes beyond our reasonable control, including but not limited to natural disasters, war, or internet outages.
32. Promotional Offers
Price Adjustments: Subscription prices may be adjusted for specific regions to enhance accessibility.
No Guarantees: We reserve the right to modify or discontinue promotional offers at any time.
33. Refunds and Cancellations
Play Store Policies: Refunds and cancellations are subject to the Google Play Store's terms.
Additional Assistance: Contact us at reach@duolaning.com for support.
34. International Use
Compliance: You are responsible for complying with local laws when accessing the App from outside [Insert Jurisdiction].
Data Transfer: Your information may be transferred internationally as described in our Privacy Policy.
35. User Support
Contact Methods: For support, email us at reach@duolaning.com.
Response Time: We strive to respond to all inquiries within 7 days, although we strive to respond within 48 hours.
By using DailyProtein, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
Thank you for choosing DailyProtein to support your health and fitness journey.