Terms of Use
By accessing or using Niera Tech Inc. website www.OmNomNotes.com (the “Site” or “Website”), and the OmNom Notes Mobile App (“Mobile App”) you agree to be bound by the following terms and conditions governing use of the Site and Mobile App (the “Terms of Use”). You should not use or access the Site or Mobile App (collectively, the “Services”) if you do not agree to the Terms of Use.
The purpose of the Services is to provide nutrition and calorie tracking services. The content of the Services is for general information purposes only and is for your personal and non-commercial use. You may only use the Services in accordance with these Terms of Use and may not use the Services to engage in any unlawful activity or fraudulent purpose or to infringe on the rights of Niera Tech Inc., its affiliates or others.
About our Services
Permitted Users
Due to the nature of our service, we restrict access to our Services to those who may safely use it. The following users are prohibited from using the Services.
- Individuals with serious medical conditions.
- Individuals who have or have had an eating disorder.
- Children under the age of 18.
Privacy
Niera Tech Inc. does not sell, rent, or monetize your personal data or content in any way.
The Niera Tech Inc. Privacy Policy, as it may be updated from time to time, applies to use of the Services and its terms are made part of these Terms of Use. You can review the Niera Tech Inc. Privacy Policy at https://www.nieratech.com/privacy.
Software
You consent to downloading and installing updates to our Services to enable new features and improve functionality.
Health
All content available on the Services do not consist of nor provide medical advice and is not a substitute for medical advice or treatment. Always seek the advice of a licensed medical provider before undertaking any weight loss or weight maintaining or weight gain plan. Reliance on any information provided by or found on our Services is purely at your own risk. Information posted on or accessed through our Services may not be accurate or current and Niera Tech Inc. are not obligated under these Terms of Use to update the Site based on changes to recommended daily allowances or other applicable guidelines or laws. Please consult your health care team on your questions and concerns about individual health matters.
Using OmNom Notes
Our Terms and Policies
You must use our Services according to our Terms and posted policies. You acknowledge that Niera Tech Inc. may terminate your access to the Services at any time, for any reason, with or without cause. If we terminate your access, you will not attempt to access our Services without our permission.
Legal and Acceptable Use
You agree to use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that violate or infringe the rights of Niera Tech Inc., our users, or others, including privacy, publicity, intellectual property, or other proprietary rights.
Harm to Niera Tech Inc.
You must not (or assist others to) access, use, modify, distribute, transfer, or exploit our Services in unauthorized manners, or in ways that harm Niera Tech Inc., our Services, or systems. For example you must not (a) gain or try to gain unauthorized access to our Services or systems; (b) disrupt the integrity or performance of our Services; (c) collect information about our users in any unauthorized manner; or (d) sell, rent, or charge for our Services.
Keeping Your Data Secure
Niera Tech Inc. embraces privacy by design and does not have the ability to access your content. You are responsible for keeping your device, personal data, and content secure.
Third-party Services
Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. When you use third-party services, their terms and privacy policies govern your use of those services.
Purchases
General
Niera Tech Inc. may offer products and services for purchase (“in app purchases”) through iTunes or Google Play. If you choose to make an in app purchase, you will be prompted to confirm your purchase, and your method of payment (your “Payment Method”) will be charged at the prices displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Niera Tech Inc. or the third party account, as applicable, to charge you.
Refunds
Generally, all charges for purchases are nonrefundable. We may make an exception if a refund is requested within fourteen days of the transaction date.
To request a refund please contact us at support@omnomnotes.com with your order number.
Your License with Niera Tech Inc.
Your Rights
When you add meals, recipes, foods under the “My Foods” feature, and weight entries using our Services only you have ownership over that information. Only you can share this content with the people that you choose to share it with. Any foods added or edited through any “Online” features, including but not limited to the “Online Foods” feature and the “Search” features, are forwarded to Open Food Facts.
Niera Tech Inc.’s Rights
As between you and Niera Tech Inc., all content on the Services, including its appearance, look, and feel, is owned by Niera Tech Inc. unless otherwise explicitly indicated on the Services. You may not modify, copy, distribute, transmit, display, perform or create derivative works from the content, information or material on the Services.
Any Niera Tech Inc. trademarks, trade dress, service marks or trade names that appear on the Services or are referenced on the Services are the property of Niera Tech Inc. and no license or other right to use such marks, names or dress shall be deemed granted without the express written permission of Niera Tech Inc.
Niera Tech Inc.’s License to You
Niera Tech Inc. grants you a limited, revocable, non-exclusive, and non-transferable license to use our Services in accordance with these Terms.
Disclaimers and Limitations
Disclaimers
The Services allow you to access and view content, including but not limited to calorie counts, nutrition details, and other related information provided by Niera Tech Inc., its users and other third parties (collectively, the “Content”). The Content contained on the Services is not guaranteed by Niera Tech Inc. to be accurate, complete, current or reliable and is subject to errors, omissions or withdrawal without notice.
No federal agency or other governmental authority has judged the merits or value, if any, of the information provided on the Services and it may be advisable for you to consult a medical professional prior to using the Services.
Additional disclaimers may appear within the body of the Services and are incorporated herein by reference.
Limitation of Liability
Niera Tech Inc. grants you a limited, revocable, non-exclusive, and non-transferable license to use our Services in accordance with these Terms.
Niera Tech Inc.’s License to You
THE CONTENT AND OTHER MATERIALS CONTAINED HEREIN ARE PROVIDED “AS IS” AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, Niera Tech Inc., ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, SUBCONTRACTORS, SUPPLIERS AND REPRESENTATIVES HEREBY DISCLAIM (1) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT THE WEBSITE’S AND MOBILE APP’S CONTENT, FUNCTIONS, OPERATION OR AVAILABILITY WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE AND MOBILE APP’S OR THE SYSTEMS THAT MAKE THEM AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND (2) ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT CONTAINED ON THE WEBSITE AND IN THE MOBILE APP, AND FOR ANY DOWNTIME EXPERIENCED ON THE WEBSITE AND IN THE MOBILE APP.
Niera Tech Inc., and its officers, directors, employees and agents, shall not be responsible or liable for or in connection with browsing or other use of the Services or Content (as defined below) downloading any materials or Content from the Services, including but not limited to any liability for errors, inaccuracies, omissions or misleading statements. Users of the Services expressly understand and agree that such use is at their own risk and that Niera Tech Inc. shall not be liable to any user of the Services, or to any third party, for any loss, expense or damage, including but not limited to consequential, incidental, special, direct, indirect or punitive damages of any kind, including lost profit or revenue, however such damages arise, that results directly or indirectly from the use of or reliance upon the Services, Content or other information obtained, downloaded, linked or otherwise accessed through the Services, even if Niera Tech Inc. has been advised of the possibility of such damages.
Any transactions, communications or other dealings you have with third parties found on or through the Services are solely between you and the third party. Niera Tech Inc. makes no representations or warranties with respect to such third parties offering services on the Services. Niera Tech Inc. shall not be responsible nor liable for or in connection with any such third party transactions, communications or other dealings. Your use of third-party websites is at your own risk and subject to the Terms of Use of use for such sites. Niera Tech Inc. does not endorse any products advertised or searchable on the Services.
Indemnification
You hereby agree to defend, indemnify, release and hold harmless Niera Tech Inc., its officers, directors, employees and agents from and against any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) incurred as a result of or arising from (i) your use of the Services or access by others to the Services under your authority or control or (ii) content or other information you submit, disclose, discuss or provide on the Services.
Availability of Our Services
Our Services may be interrupted, including for maintenance, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time.
Ending these Terms
You may end these Terms with Niera Tech Inc. at any time by deleting OmNom Notes from your device and discontinuing use of our Services. We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for Niera Tech Inc. The following provisions will survive termination of your relationship with Signal: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Availability,” “Ending these Terms,” and “General”.
General
Niera Tech Inc. may update the Terms from time to time. When we update our Terms, we will update the “Last Modified” date associated with the updated Terms. Your continued use of our Services confirms your acceptance of our updated Terms and supersedes any prior Terms. You will comply with all applicable export control and trade sanctions laws. Our Terms cover the entire agreement between you and Niera Tech Inc. regarding our Services. If you do not agree with our Terms, you should stop using our Services.
If we fail to enforce any of our Terms, that does not mean we waive the right to enforce them. If any provision of the Terms is deemed unlawful, void, or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. We reserve the right to limit our Services in any country. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Niera Tech Inc. If you have specific questions about these Terms, please contact us at support@omnomnotes.com.
Last modified: 2020/05/03