Terms and Conditions

These Terms and Conditions govern the use of all EASYDIET products and services, including the “EASYDIET.com” website and all its content.

BY USING THE EASYDIET WEBSITE (INCLUDING ALL ITS CONTENT) AND/OR ITS PRODUCTS AND/OR SERVICES, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS, AS WELL AS ANY POLICY THAT MAY BE ADDED AND ANY REVISION OR MODIFICATION THAT MAY BE SUBJECT TO. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, OR DO NOT WISH TO BE BOUND BY THEM, IT IS RECOMMENDED NOT TO USE THE EASYDIET WEBSITE OR ITS PRODUCTS OR SERVICES... EASYDIET reserves the right to update the Terms and Conditions at any time and at its sole discretion, to take into account legal, commercial, or any other aspects. The most recent update of this agreement is available on the website “www.EASYDIET.online”. EASYDIET will notify Users of an update to the Terms and Conditions via email at least 10 days before the publication of the new Term. Therefore, we invite all Users to read this agreement carefully. The effects of any changes will take effect concurrently with their update.

SERVICE CONDITIONS

The EASYDIET website, its content, products, and services are available to any individual or legal entity legally able to enter into contracts (binding agreements). To prove compliance with such criteria, some identification or contact data may be required before accessing all (or some) services and/or products.

These Terms of Service are established between us and the users. No other person has the right to benefit from them.

If a court or regulatory authority decides that any provision of these Terms of Service is invalid or otherwise unenforceable, that provision will be separated and removed from these TOS and the remaining terms will continue to be fully valid and effective.

If the TOS are inconsistent with the Terms and Conditions displayed at the time of registration in EASYDIET (if applicable), the TOS will prevail, unless they contain additional information provided by EASYDIET Customer Service.

1. Definitions

The terms "You", "Your" and "User" refer to you, the user of the EASYDIET.com website, its content, or its products or services, and "You" will be interpreted accordingly. Likewise, "We", "Us" and "EASYDIET" refer to

"Our" will be interpreted accordingly. "User information" means personal data that may be collected by us on EASYDIET.com and/or during registration and/or purchase of any EASYDIET product or service. “Our website” means the “EASYDIET.online” website and all associated web pages. "Third party" means any person/entity/company not associated with

2. Available Services

2.1 Payment Services

Find more information about packages in Plans and Pricing.

3. Payment Services

3.1 Prices

All services have a price or price range established according to the characteristics of the requested work and the development time invested in its execution. Such prices may be subject to adjustments to compensate for market variations, or may be temporarily replaced by special/promotional prices. Values are set in local currency or in euros (EUR). To consult our price table, please note that it is a subscription service with automatic renewal with a trial version at €0.95 for a duration of 5 days, followed by a fifteen-day plan for an amount of €29.90, cancellable at any time. All visible prices (on our website, pricing page, app, etc.) include VAT, if applicable, determined by the billing country.

3.2 Contracting Services

All our services are available for contracting on our EASYDIET.online page, but can also be accessed from Plans and Pricing. For more information or to purchase one of Our services, you can contact Our Customer Service at info@easydiet.online

4. Contract and Termination of Contract

4.1 Contract

The service contract will be entered into when the user accepts the conditions and makes the payment.

4.2 Termination of Contract and Withdrawal

The contract will automatically renew for weekly, monthly, or quarterly periods, depending on the contracted period, unless the User, at any time, decides to terminate the contract through their Customer Access account (see Article 5 – Payments/Fees and Refunds), or by notifying their Success Manager up to 72 hours before the contract renewal date.

Thirty days after cancellation or expiration of the contract, EASYDIET has the right to irrevocably delete all data provided by the client, including questionnaires, survey participants, and survey results without notice.

5. Payments/Fees and Refunds

5.1 Our Payment Processors

We use various third-party payment processors (the "Payment Processor") to bill you through a payment account linked to your account. Payment processing will be subject to the terms, conditions, and privacy policies of the Payment Processor, in addition to this Agreement. We do not control and are not responsible for the security or performance of the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prevailing prices for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method provided with your account. We reserve the right to correct, or instruct our payment processor to correct, any errors or mistakes, even if payment has already been requested or received.

Our payment processors

Stripe

Rebilly

5.2 Automatic Subscription Renewals

To ensure uninterrupted service, we will automatically charge you for plans starting from the activation date of the current plan and each subsequent renewal period until cancellation. Your renewal period will be equal in time to the renewal period of your current subscription. For example, if you use a monthly subscription plan, each billable renewal period will be one month. We will automatically charge you the applicable amount using the payment method you have registered with us.

You can disable automatic renewal at any time through the "Unsubscribe" section located at the bottom of the page, in "My Account" or by contacting your account manager.

5.3 Non-payment of Plans

If you do not pay for the Plans on time, we reserve the right to suspend or terminate your access to the Services, which may result in the loss of your data associated with that Service.

5.4 Chargeback

If you contact your bank or credit card company to charge back, refuse, or cancel the charge of any fees owed to us ("Chargeback"), we may automatically cancel your Account. If you have any questions about a payment made to us, we recommend contacting us at info@easydiet.online before submitting a chargeback. We reserve the right to dispute any chargeback.

5.5 Permanence

As mentioned above, there is NO type of permanence and you can cancel any plan before renewal.

5.6 Refund Request

As already mentioned above, you can cancel your subscription at any time in your EASYDIET Customer Access. After that act, you will not be charged again.

EASYDIET will not refund any amount nor grant any credit for those plans actually activated on the platform and that have started operating.

Refunds can only be requested for the first subscription payment and within 14 days of your purchase and only if you have not used the plan or activated your account. Any subsequent purchase, including automatic renewal of the service made through recurring payment, will not be refunded. TO REQUEST A REFUND, ALWAYS CONTACT YOUR ACCOUNT MANAGER OR OUR CUSTOMER SERVICE located at the bottom of the home page.

5.7 Payment Method/Guarantee

According to paragraph 5.1 – We use external payment processors. These processors operate in more than 200 countries and offer a wide variety of payment options suitable for each region, depending on location and preferences. During the checkout process, you can choose from a variety of international and local payment options.

EASYDIET states that it does not have access to sensitive data related to the payment method used by the user, nor does it store such information. Only the entity corresponding to the payment process has access to this data for payment management, being an entity certified as PCI Service Provider Level 1.

The User is responsible for updating their credit card data and can communicate any changes through the "Customer Access" section of the EASYDIET Administration.

If a payment cannot be processed, the user is informed that their contract may be canceled by EASYDIET

6. Acceptable Use

"Acceptable Use" of EASYDIET, its content, products, and services is defined by Paragraphs 6.1 to 6.8. Activities that go against you, or are not accepted in these paragraphs, will therefore be in violation of the TYC and you will be responsible for any disciplinary action and/or legal process. For more information, see Article 9.

6.1 Content

You will not post or distribute through the Instagram account you work with in EASYDIET any defamatory, threatening, obscene, harmful, pornographic, or illegal material. In addition, material that in any way violates or infringes our rights or the rights of others (including copyright, confidentiality, and privacy), as well as activities that may cause discomfort or inconvenience to us or third parties, is strictly prohibited.

6.2 Content Ownership

You will not post or distribute any material that is not your property without the express consent of the legal owner of the material in question.

6.3 Participation in Promotions

You will be accepted in any promotion or marketing campaign initiated by EASYDIET in which you participate.

6.4 Intrusion

You will not engage in any behavior or action that may affect the operation or security of the EASYDIET Site or cause unreasonable inconvenience or disruption to our team.

6.5 Identity

You will not impersonate any person/entity nor misrepresent your affiliation with another person/entity.

6.6 SPAM

You will not promote EASYDIET by sending SPAM (e.g., sending emails to private accounts without the owner’s permission).

6.7 System Cracks

You will not take advantage of any kind of crack or workaround to overcome the limits of the plans or any other EASYDIET service or tool

7. User Obligations

• 1. The client is not authorized to make their user account accessible to third parties.
• 2. The client must keep their access data and personal password in a safe place to prevent access by third parties.

8. Intellectual Property

All materials protected by copyright, trademarks, and other intellectual property content provided by EASYDIET must remain, at all times, linked to us or our licensors. The use of this material or content is prohibited unless you are authorized by us or our licensors. In addition, you are the only one authorized, and no one else, to use said material as described in the Terms and Conditions. You will not copy, reproduce, distribute, commercially exploit, or perform any other action for the purpose of obtaining benefits/use of such materials or content, nor will you grant/facilitate to third parties any of the actions described above.

In addition, if you detect any type of distribution or commercial exploitation, you state that you will inform us immediately.

9. Personal Data and Privacy

9.1 Legislative Framework

In the processing of personal data, we proceed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, which repeals Directive 95/46/EC (hereinafter, the “GDPR”). Information on the principles and methods of processing personal data is provided in the Privacy Policy, published on www.easydiet.online

9.2 Changes to Personal Data

We recommend updating all personal information, as this data is used by Customer Service.

9.3 Registration

To use our products and services, you must have a valid registration with EASYDIET.

10. Violation of Our Terms

Failure to comply with the conditions established in Article 6 and/or participation in activities contrary to or in violation of the Service Conditions will make you responsible for the resulting legal actions and proceedings. The decision to initiate disciplinary actions (including termination of all services) is at the discretion of EASYDIET. Please report violations of these Terms of Service, our Terms and Conditions, or local laws.

11. Interruption/Termination of Services

We reserve the right to immediately interrupt or indefinitely suspend Our services to You, if you commit a violation or if we find reasonable grounds to believe that you are violating Our Terms and Conditions. In addition, we reserve the right to suspend our services at our sole discretion, in the event that you take a position deemed unacceptable.

12. Disclaimer

WE ARE NOT RESPONSIBLE FOR ANY DAMAGES SUFFERED BY USERS, THEIR HARDWARE, OR THIRD PARTIES, WHICH OCCUR DIRECTLY, INDIRECTLY, OR ACCIDENTALLY AS A RESULT OF OR IN CONNECTION WITH THE USE OF OUR PRODUCTS AND/OR SERVICES, INCLUDING THE DOWNLOAD OF MATERIAL THROUGH OUR SERVICES. WE ARE NOT RESPONSIBLE FOR DAMAGES CAUSED TO USERS OR THIRD PARTIES AS A RESULT OF THE INABILITY TO USE OUR SERVICES AND/OR OUR WEBSITE AND/OR PRODUCTS, DIRECTLY, INDIRECTLY, OR IN CONNECTION WITH THIS EVENT. THEREFORE, THE USE OF OUR SERVICES IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER SYSTEMS, AS WELL AS LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIALS.

YOU AGREE TO UNDERSTAND AND ACCEPT THAT YOUR USE OF THE EASYDIET SITE, SERVICES, AND PRODUCTS IS AT YOUR SOLE RISK AND THAT THE EASYDIET SITE AND ITS SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE". YOU UNDERSTAND AND ACCEPT THAT WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY AND/OR FUNCTIONALITY OF ANY THIRD-PARTY WEBSITE OR MATERIAL YOU MAY ACCESS THROUGH THE EASYDIET WEBSITE.

12.1 Third Parties

We do not endorse and are not responsible for any content, advertising, product, or service offered through the third-party website.

Any transaction between you and a third party, including payment and distribution of products, services, and other terms, conditions, warranties, or representations associated with such relationships, is between you and the entity in question. Therefore, we are not responsible for any loss or damage resulting from such operations.

12.2 Exclusion of Warranty

EASYDIET cannot guarantee:

• (a) the use of the services and products will meet your needs;
• (b) The use of the products and services will be uninterrupted, timely, secure, and free of errors or viruses;
• (c) any information obtained by the user as a result of using the products and services will be accurate and reliable;
• (d) Any defects in the operability or functionality of any software provided as part of the services will be corrected;

No advice or information, whether oral or written, obtained by you through EASYDIET or Our services will create any warranty not expressly included in the Terms and Conditions.

13. Limitation of Liability

Subject to the provisions of the Disclaimer (Article 12) above, THE USER EXPRESSLY UNDERSTANDS AND ACCEPTS THAT EASYDIET, ITS AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE FOR THE TERMS SET FORTH IN PARAGRAPHS 13.1 AND 13.3.

13.1 Overview

Any direct, indirect, incidental, consequential, or exemplary damages that may be caused to the user, for any reason and under any theory of liability. This includes, but is not limited to, any loss of profit (direct or indirect), loss of goodwill or business reputation, loss of data, cost of replacement goods or services, or any other loss of intangible assets.

Any loss or damage suffered by the User, including, but not limited to, losses or damages arising from:

• (a) Any reliance placed by the User on the completeness, accuracy, or existence of any advertisement, or as a result of any relationship or transaction between the User and any advertiser or sponsor whose ads appear on the Services;
• (b) Any modification that EASYDIET may apply to its services, or for any permanent or temporary cessation in the provision of services (or service functions);
• (c) Deletion, distortion, or failure to store any content or other communication data maintained or transmitted by or through our services;
• (d) failure to provide EASYDIET with correct user data;
• (e) failure to keep the password and account data safe and confidential by the user;

 

13.2 Jurisdiction

These general conditions are governed by Spanish law.

EASYDIET and the User, expressly waiving any other jurisdiction, submit to the Courts and Tribunals of the registered office of EASYDIET for any dispute that may arise from the provision of services subject to these Terms of Service. In the event that the User is domiciled outside Spain, EASYDIET and the User also submit, expressly waiving any other jurisdiction, to the courts and tribunals of the city of Barcelona, Spain.

Last modified dated September 8, 2022