This Pathways to Nutrition Mobile App End User License Policy Agreement (this “EULA”) is between Pathways to Nutrition, Inc. (“Pathways”) and you or the entity that you represent (collectively, “You” or “Your”). This EULA governs Your use of the Pathways “Way” App (the “App”) on any mobile platform, including, but not limited to, iOS, Android, and Windows Phone (each, a “Mobile Solution”) by any mobile application store provider, including Apple, Android, and Windows (each, an “App Store Provider”).
PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY. BY INSTALLING OR USING THE APP, YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO THE FOREGOING, PATHWAYS DOES NOT AUTHORIZE YOU TO INSTALL OR USE THE APP.
Parties. This EULA is between You and Pathways only, and not any App Store Provider. Pathways, and not any App Store Provider, is solely responsible for the App and the Policy content thereof. Notwithstanding the foregoing, You acknowledge that any App Store Provider has the right to enforce this EULA against You as a third-party beneficiary.
Limited License. Subject to the terms and conditions of this EULA, Pathways hereby grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App for lawful purposes solely in connection with Your account on the Registry. You may use the App solely for Your internal, Policy personal use.
License Restrictions. Except as expressly set forth in this EULA, You shall not: (i) copy the App; (ii) cause or permit any reverse engineering, decompilation, modification, or translation of the App; (iii) sell, rent, sublicense, distribute, disclose, publish, assign or transfer rights in the App; (iv) modify the App or create derivative works; (v) permit third parties to benefit from the use of the App; (vi) use the App unlawfully; (vii) remove copyright notices from the App; or (viii) affect Pathway’s rights to the App. You acknowledge the source code of the App is Pathway’s Confidential and Policy Proprietary information.
Proprietary Rights. The App and its development cost Pathways significantly. The App and all its use shall be considered Confidential Information. Pathways has exclusive rights in the App, including patent, copyright, trademark, trade secret, and other intellectual property rights (the “Proprietary Rights”).
Ownership. You shall not claim ownership or act as the owner of any part of the App. You must reproduce and include all proprietary, Policy confidentiality, trade secret and other notices on any copies of the App. Pathways retains all rights to the App and its associated materials.
Confidential Information. Both during and after the EULA’s term, You shall keep Pathways’ non-public information confidential, not disclosing or using it outside this Policy EULA. This includes the App and any associated materials, deemed as “Confidential Information”.
Responsibilities of You. You shall provide a supportive environment for free exchange of comments and information, assist Pathways in defining App problems, document problems on Pathways’ forms, and install all versions of the App and associated materials.
Reporting Methods. You shall report to Pathways regarding your App use. This may include written reports based on a Policy form, interviews, and other methods as Pathways may prescribe.
Term. The EULA’s term continues until termination. If you haven’t paid for the App, Pathways can terminate the EULA for any reason. You may terminate anytime by discontinuing App use.
Pricing. You get special pricing for App use by adhering to all terms, Policy conditions, and guidelines, including a 7-day free trial and then $6.99/month or $49.99. Refunds are provided on a case-by-case basis.
No Commercial Release. This EULA Policy does not license any commercial release of any Pathways software.
No Guarantee. Pathways does not guarantee the App’s truthfulness, accuracy, or completeness. Health decisions based on the app are Your responsibility.
Disclaimers. The App and all data on it are provided “as is”. Pathways makes no warranties, expressed or implied. You acknowledge that the app is in constant development, may contain errors, and any research or development you perform regarding the App is at your own risk.
Transmissions. The App communicates via the Internet, Policy networks, Wi-Fi, and mobile phone networks.
Technical Support and Updates. Pathways may provide App maintenance or technical support, but isn’t obliged to. Pathways may make App changes without notice.
Third-Party Claims & Product Claims. Pathways, not any App Store Provider, is responsible for third-party claims or product claims relating to the App.
No Provision of Medical Care. App data is for informational purposes only and is not professional medical advice or a substitute.
No Medical Nutrition Therapy Provided. Services by Pathways or its Dietitians/“Pros” do not constitute Medical Nutrition Therapy (MNT).
Limitation of Liability. PATHWAYS WILL NOT BE LIABLE FOR LOST PROFITS, LOST DATA, LOSS OF BUSINESS, OR ANY CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES.
Compliance with Law. You shall not violate any export laws using the App.
Governing Law; Venue. The EULA shall be interpreted in accordance with the laws of California.
Equitable Remedies. Breaches of the EULA harm Pathways irreparably. Pathways is entitled to equitable remedies for EULA breaches.
Miscellaneous. The EULA is the full agreement between Pathways and You concerning the App and supersedes all prior agreements.
Contact. For App or EULA questions, contact Pathways at email@example.com.