General Terms and Conditions

Last updated: May 2nd, 2022

These General Terms and Conditions shall apply by and between you as the user and Plant Based Revolution AB (hereinafter also referred to as “we” or “us”) in conjunction with the use of the services provided by Plant Based Revolution AB from time to time via the mobile application “Your Beet” and related websites (hereinafter collectively referred to as our “Service”).

These General Terms and Conditions are applicable to the use of the Service. We encourage you to read through these General Terms and Conditions prior to commencing use. By using the Service, you confirm that you have read, understood, and accepted these General Terms and Conditions which hereby constitute a binding agreement between Plant Based Revolution AB and you (hereinafter the “Agreement”).

1 USE OF THE SERVICE

1.1 Creating an account

To access the Service, you must create an Your Beet account in accordance with the instructions provided in the Service. You may create an account directly in the Service or through another account of yours at a third-party social media service. By creating an account through a third-party social media service, you authorize us to collect information from such an account in accordance with our Privacy Policy. Our Privacy Policy is available at https://www.yourbeet.app/privacy-policy. You can disable the connection between the Service and your third-party account at any time.

The provisions of these Terms and Conditions apply regardless of whether your account has been created directly in the Service or through a third-party social media service.

When creating the account, you must, unless otherwise specifically stated (such as for example any free trial offers being applicable), sign up for and purchase a subscription to the Service (“Subscription”). You must also provide us with a valid payment method, i.e. invoice, direct debit, e-invoice, e-mail invoice or external payment service provider for the Subscription (hereinafter referred to as the “Payment Method”).

By creating an account and signing up for a Subscription you confirm that you are 18 years or older and that the information you have provided us with via your account is correct. You also confirm that you are the sole holder of the Payment Method. If any information is incorrect, you undertake to update the information without delay.

Accounts can only be created for individuals and named individuals only. You may not have more than one active account at any time.

Once you have created your account you can access the Service. You log in to your account in the Service by filling in your e-mail address and password or by access to the applicable third-party social media service.

Your account is personal, and you are responsible for all the use of the Service through your account. You are responsible for ensuring that your login details are stored securely and not disclosed to any third party. You undertake to immediately inform Plant Based Revolution AB if any third parties get access to your login details, in which case Plant Based Revolution AB reserves the right to suspend or delete your account without further notice. You are also responsible for damage caused by any unauthorized use of your information.

1.2 User Terms and Conditions

In conjunction with the use of the Service, you undertake to do the following:

a) to comply, in using the Service, with (i) the provisions of these General Terms and Conditions, (ii) applicable laws, ordinances and decisions by governmental authorities and (iii) Plant Based Revolution AB’s instructions for the use of the Service provided from time to time;

b)  to refrain from making or distributing any copies of the Service or transfer the Service from one device to another;

c)  to refrain from renting, selling, reselling, sublicensing, assigning, distributing or otherwise transferring the Service or the right to download or use the Service;

d)  to refrain from making any modifications to the Service without proper authorisation in writing from Plant Based Revolution AB;

e)  to use the Service for any commercial purpose or for any commercial or non-commercial public display;

f)  to refrain from, in using the Service, transferring any material to the Service which may contain a virus, Trojan or any other code (so-called “malware”) which may damage, disable, overload or impair the Service or infringe another user’s use of the Service;

g)  to refrain from doing anything that may place an unreasonably or disproportionality large load on the Service;

h)  to refrain from doing anything that disrupts the functions or connected networks of the Service;

i)  to refrain from measures to circumvent Plant Based Revolution AB’s security system – e.g. by using another user’s username and password or disclosing a username or password of another person – or attempt to test the security of the Service without first obtaining Plant Based Revolution AB’s prior written consent;

j)  to not in any manner publish or post any inappropriate, defamatory, infringing, obscene, pornographic, racist, terrorist, politically slanted, indecent or unlawful topic, name, material or content;

k) to refrain from decompiling (reverse engineering) the Service;

l)  to refrain from measures to obtain unauthorised access to any computer system or network covered by the Service; and

m)  to refrain from acquiring or attempting to acquire material or information which was not intentionally made available or provided by Plant Based Revolution AB via the Service.

In the event of a breach, or threatened breach, of one or more of the above provisions, Plant Based Revolution AB may immediately terminate this Agreement and you shall no longer have the right to use the Service. Legal measures may also be taken by Plant Based Revolution AB in conjunction with any breach of, or attempt to breach, one, several or all of the provisions above.

As regards to the provision of j) above Plant Based Revolution AB reserves the right to immediately remove any such content from the Service as uploaded by you.

1.3 Accessibility

The Service is generally provided 24 hours per day, seven days a week, 365 days per year. Any interruptions in the accessibility of the Service or any other support issues regarding the Service may be reported to Plant Based Revolution AB through the contact form available in the Service. However, Plant Based Revolution AB does not warrant that the Service will be free of defects or outages at any time and provides no warranties regarding the functions, security or accessibility of the Service. Any reports on interruptions in the accessibility of the Service or any other support issues regarding the Service do therefore not entitle you to any remedy by Plant Based Revolution AB. Furthermore, use of the Service presupposes an Internet connection, and the user’s access to such connection is beyond Plant Based Revolution AB’s control.

The Service may be reached via your mobile unit by connection to the Internet either via connection to Wi-Fi or the Internet by connection to a telecommunications operator (hereinafter the “Equipment”). You shall be responsible for such Equipment and must obtain such Equipment at your own expense. You are aware and acknowledge that upgrades and/or modifications of the Service may entail changes to the technical requirement applicable to your Equipment.

1.4 Intellectual Property Rights

All intellectual property rights, including patents, copyright, rights in circuit layouts, registered designs, trade secrets and trademarks, irrespective of whether or not such rights are registered, and technical solutions regarding the Service, the setup and design of the Service and the contents of the Service are the property of Plant Based Revolution AB or, in the alternative, property of a third party with whom Plant Based Revolution AB collaborates and may not be used by you over and above that which is necessary for the use of the Service pursuant to this Agreement. You shall obtain no rights other than expressly set forth in this Agreement and shall not, without our prior written permission, copy, imitate or use, in whole or in part, any such content, setup, design, technical solution etc. subject to intellectual property rights, or alter or remove any trademark, trademark notice, copyright notice, confidentiality notice or any other notice of any other propriety right of Plant Based Revolution AB on any material from the Service.

Provided that you fully comply with the provisions of this Agreement and except as otherwise stated, Plant Based Revolution AB grants you a non-exclusive, non-transferable, limited right to the Service for your own use.

In the event you post any content relating to the Service such as pictures of food, recipes etc., in any social media or any other channel, Plant Based Revolution AB may be interested to use such content on our own behalf for marketing purposes. In any such case, Plant Based Revolution AB will first obtain your consent to such use of the content. By consenting to the Plant Based Revolution AB:s use of your content, you agree to give Plant Based Revolution AB a right to, free of charge, use the content for marketing purposes on any social media or any other channel.

1.5 Purchases made through the Service

The Service enables you to make purchases of groceries and other products (hereinafter the “Products”) by third parties (e.g., a grocery store) affiliated with the Service. For the avoidance of doubt, any purchases of Products made through the Service constitutes an agreement between you and the relevant third party, to which Plant Based Revolution AB does not form part. You are responsible for reading and understanding any general terms and conditions applicable to such third party’s sale of the Products. Therefore, Plant Based Revolution AB makes no warranties whatsoever relating to any Products or the delivery of such Products and disclaims all liability regarding such Products. Any complaints or warranty matters shall be handled directly with the relevant third party.

2 PAYMENT AND BILLING

2.1 Subscription Fee

By creating an account and signing up for a Subscription, you undertake to pay a fee to Plant Based Revolution AB for the access of the Services (hereinafter referred to as a “Subscription Fee”). Plant Based Revolution AB will charge the first Subscription Fee to your Payment Method on the date your purchase of the Subscription has been confirmed. Thereafter, the Subscription Fee will be charged to your Payment Method on a recurring basis according to the billing cycle applicable when you subscribe to the Service.

The Subscription Fee will be billed at the time you establish your Subscription and on an ongoing basis unless you cancel your Subscription. Please note that the length of your billing cycle will vary based upon the type of Subscription you choose when you subscribe to the Service. Note that the timing of your billing may change in the event of a problem with your Payment Method, such as an expired credit card or in the event you change your Subscription plan.

2.2 Unpaid Amounts

You are responsible for all charges incurred in connection with your Subscription. In the event you at any time should fail to make payment in full on the due date, Plant Based Revolution AB is entitled to claim interest on the sum overdue at the rate of eight (8) per cent per year. Plant Based Revolution AB also has the right to suspend your access to the Service until the Subscription Fee is paid. In the event your failure to make full payment of any Subscription Fee lasts for more than thirty (30) days, Plant Based Revolution AB has the right to terminate this Agreement with immediate effect and you shall no longer have the right to use the Service.

3 LIABILITY

The Service includes personalized meal plans and recipe recommendations which aim to improve health outcomes. Plant Based Revolution AB does however not give any medical advice. None of our employees hold medical qualifications and we are not a licensed medical care provider. All content of the Service has been created for information purposes only and is subject to change without notice. If you require medical advice, you must consult and take your health care advice from health care providers. Especially if you are trying to get pregnant, are pregnant or breastfeeding, we recommend you to, if required, visit an Accredited Practicing Dietitian to help tailor a program specific to you and your baby’s needs. Even if you are no longer pregnant and/or breastfeeding, we recommend you seek approval from your doctor before commencing any specific nutritional plan.

Consequently, if you rely on any aspect of the Service, you do so on your own risk. You agree that you maintain responsibility for your own unique healthcare issues and failure to seek advice of a medical professional is at your own risk. You agree to exercise your own care, skill and diligence with respect to the use of the content in the Service. You are solely responsible for your consumption of any ingredients suggested in the Service and Plant Based Revolution AB may not be held liable for any allergic reaction or any other harmful effects from your consumption of such ingredient.

Moreover, Plant Based Revolution AB does not warrant that the Service or the content of the Service is current, correct, complete, fit for purpose, non-infringing, and/or available from time to time. Even though Plant Based Revolution AB aims to provide complete plant based recipes and food recommendations, Plant Based Revolution AB does also not warrant that the recommendations will be free from any non-plant based ingredients. For clarification, Plant Based Revolution AB shall not be liable for any loss or damage resulting from that you rely on nutritional information provided in the Service and may not be held responsible for that the food you prepare or consume based on information from the Service are in accordance with your specific dietary needs and restrictions.

Plant Based Revolution AB hold no responsibility for the condition or content of any third party websites that have links in the Service. Links to third party sites are provided for convenience only and do not imply any endorsement of those sites or products or services provided at those sites.

To the maximum extent permitted by applicable law, Plant Based Revolution AB and its affiliates, partners, officers, contractors, licensors, suppliers, service providers and employees shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive or consequential damages of any kind, including, without limitation, lost profits, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any other claim related in any way to your use of the Service, transmitted or otherwise made available via the Service. The Service is provided ‘as is’ and ‘as available’ for your use.

You agree to indemnify us on a full indemnity basis, from any and all third party claims, liabilities, expenses, including solicitor/client costs, that may be incurred or suffered as a result of any breach of these Terms and Conditions by you or any third party damage caused as a result or in connection with any breach by you of these Terms and Conditions.

4 MODIFICATIONS, CLOSURE AND TERMINATION

Plant Based Revolution AB shall be entitled at any time and without prior notice to:

a)  modify, add to or remove functionality or content in the Service;

b)  suspend access to the Service in order to protect the Service from unauthorised attack or similar; and

c)  remove the Service from operation for measures such as, for example, but not limited to, maintenance, service and updating of the Service.

You shall be entitled at any time whatsoever to cancel your Subscription and/or terminate this Agreement by notifying Plant Based Revolution AB in writing of such cancellation/termination or by terminating your user account. In order to avoid being charged for the next cycle’s Subscription Fee, you must cancel your Subscription before it renews. If you cancel your Subscription, the cancellation will become effective at the end of the then-current Subscription period and you will continue to have access to your Subscription until the end of that period. If you cancel your Subscription, we will retain your information in accordance with our Privacy Policy which is available at https://www.yourbeet.app/privacy-policy.

Unless required by applicable law, we do not provide refunds for any Subscription; nor do we provide credit, refunds, or prorated billing for Subscriptions that are cancelled.

Notwithstanding the reason for termination of the Agreement, the provisions of sections 1.2, 1.6, 1.5, 2.2, 3, 4, 5 and 7 shall continue to apply between the parties following termination of the Agreement.

5 PERSONAL DATA AND CONFIDENTIALITY

Plant Based Revolution AB collects personal data from you in conjunction with your use of the Service. This personal data is processed by Plant Based Revolution AB (i) to provide you with the Service and its functions, (ii) to fulfill its obligations pursuant to the Agreement, (iii) for service development; (iv) to assure the quality of the Service and (v) for marketing purposes. More detailed information regarding the processing of personal data may be found in Plant Based Revolution AB’s Privacy Policy which is available at https://www.yourbeet.app/privacy-policy.

“Marketing purposes” means communicating with you as a user in the form of, for example, newsletters, special offers and/or information regarding new functions in the Service.

For the performance of the Service and in order for Plant Based Revolution AB to be able to perform its obligations regarding the Agreement, the personal data may be provided to third parties to the extent necessary.

Plant Based Revolution AB processes personal data confidentially and ensures that everyone who comes into contact with your personal data is obliged to observe confidentiality regarding the personal data.

Any personal data uploaded by you when you use the Service is processed by Plant Based Revolution AB in accordance with the data protection legislation applicable from time to time.

6 MICELLANEOUS

6.1 Defects

Plant Based Revolution AB shall not be liable for any defect which may occur in the Service. Such defects may be price-related and/or technical or informational in character.

6.2 Force majeure

In the event of force majeure, Plant Based Revolution AB shall be released from its obligations to perform any agreements entered into. “Force majeure” refers to events which cannot be anticipated and which are beyond our control. Such events may include wars, natural disasters, labour conflicts, decisions by governmental authorities, pandemics, epidemics, quarantines, failed deliveries from sub-contractors and circumstances giving rise to added expenses.

6.3 Amendments to terms and conditions

Plant Based Revolution AB reserves the right to at any time amend these General Terms and Conditions in its sole discretion. Each time you use the Service, you undertake to comply with the terms and conditions applicable from time to time.

6.4 Severability

If any provision or part of a provision of this Agreement is found to be invalid, unenforceable or illegal, such provision will to the extent be severed from the remaining terms which will continue to be valid.

7 CHOICE OF LAW AND DISPUTES

Swedish law (with the exception of rules regarding choice of law) shall govern this Agreement. Disputes arising as a consequence of the creation, application or interpretation of this Agreement as well as other disputes relating to this Agreement shall be determined by courts of general jurisdiction in Sweden.

8 CONTACT INFORMATION

If you have any questions, comments, requests or concerns related to this Agreement, please feel free to contact us at hello@yourbeet.app