Terms of Service of nyam! App

This Terms of Service Agreement (the "Agreement") is a legal agreement between you ("You") and Alvaro Pay Lozano, founder of the nyam! App, from now, the “App” for the use of nyam! App from now “Site”. By creating an account or accessing or using the Service, You accept and agree to be bound by the terms of this Agreement.IF YOU DO NOT AGREE TO THESE TERMS, THE APP IS UNWILLING TO LICENSE USE OF THE SERVICE TO YOU. YOU AGREE THAT YOUR USE OF THE SERVICE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

Definitions

"Account” means an account created on the Service for a specific User to use the Service.
A "User” is a user of the Service that has been provided a license to use the Service under this Agreement that has not been terminated.
An "Individual User” is a User that uses the Service for their own personal use.

Limited License(s)

The App grants You a limited, revocable, non-exclusive, non-transferable license to access and use the Service for your own individual use subject to the other terms of this Agreement.

Privacy and Security

You acknowledge that you have read, understand and agree to our Privacy Policy. The Privacy Policy is hereby incorporated into and made part of these Terms of Service by reference.

Provision of Service

Subject to the terms of our Privacy Policy, we reserve the right to monitor the Service for purposes of determining that your usage is in compliance with this Agreement and applicable laws. In addition, and as described elsewhere in this Agreement, we maintain an absolute and unconditional right to review and remove material accessible by or transmitted through the Service that, in our sole discretion, we believe is in violation of the law or this Agreement or is unacceptable to us in our sole discretion.From time to time and without prior notice to you, we may change, expand and improve the Site and Service. We may also, at any time, cease to continue operating part or all of the Service or selectively disable certain aspects of the Service or portions of the Site. Any modification or elimination of the Service will be done in our sole and absolute discretion and without an ongoing obligation or liability to You, and Your use of the Site and/or Service do not entitle you to the continued provision or availability of the Site and Service.

Your Use of the Service

You agree not to transfer the Service. You may not modify, reverse engineer, decompile or disassemble the Service. You may not copy, adapt, alter, modify, translate, or create derivative works of the Service without written authorization of the App. You may not permit other individuals to use the Service, including but not limited to shared use via a network connection, except under the terms of this Agreement. You may not rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Service. You may not circumvent or disable any technological features or measures in the Service for protection of intellectual property rights. You may not use the Service in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction. You may not use or access the Site or Service to compile data in a manner that is used or usable by a competitive product or service. Any such forbidden use shall immediately terminate Your license to the Service. You furthermore agree that:• You shall not create an Account or access the Service if You are under the age of 18.• You shall monitor your Account to restrict use by minors, and You will deny access to children under the age of 18. You accept full responsibility for any unauthorized
use of the Service by minors in connection with your Account.• Without limiting any provision herein, You are responsible for any use of your credit card or other payment instrument by individuals that access your Account;• You shall not create an account using a false identity or information, or on behalf of someone other than yourself;• You shall not have an Account or use the Service if You have previously been removed by the App;• You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone;• You shall not use your Account to engage in any illegal conduct;

Ownership and Intellectual Property

All content, features, and functionality of the Service — including but not limited to text, graphics, images, code, and software — are owned by the App or its licensors and are protected by copyright and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service or its content without our prior written permission.User content means any material, data, or information you upload, submit, or transmit through the Service. You are solely responsible for your User Content and must ensure it does not infringe any laws or third-party rights. By providing User Content, you grant the App a worldwide, non-exclusive, royalty-free license to use, store, reproduce, modify, adapt, and display it for the purpose of operating and improving the Service.Third-Party Content: The Service may display content provided by third parties, which remains the property of the respective owners. Use of such content may be subject to additional terms from those third parties.No Automated or Non-Human Means of Access: You also may not access or use the Site through any automated or non-human means, such as through bots, spiders, scripts, or software; you may not access or use the site for purpose of scraping, harvesting, mining, or other data extraction; and you may not access or use the site for any interference, disruption, or other illegal or unauthorized purposes, such as interference with the Site's operations or interference with access to the Site and such as through viruses, Trojan horses, worms, time bombs, cancelbots, or other such applications.Monitoring of Site Content and use of Sites: We reserve the right, but do not undertake the obligation, to monitor the use of the Sites, and to investigate and take appropriate legal action against any party that uses the Sites in violation of these Terms of Service or applicable law. We reserve the right to accept, reject or modify any Site Content, but assumes no liability based on its acceptance, rejection, modification or failure to modify any Site Content.

Copyright Compliants

We respect the intellectual property rights of others and prohibit copyright infringement on our Service. If you believe your work has been copied or used in a way that constitutes copyright infringement, please contact us at [email protected] with the following:
1. Identification of the copyrighted work and the material you believe is infringing.
2. Your contact information (name, address, phone, email).
3. A statement that you believe in good faith that the disputed use is not authorized.
4. A statement that the information provided is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Your Responsibility to Protect Data and Password

It is your responsibility to protect your personal data and maintain the confidentiality of your user information and password. You are also responsible for immediately notifying the App of any unauthorized use of your account, or breach of your account information or password. The App will not be liable for any loss that You may incur as a result of someone else using your username or password, either with or without your knowledge. To the extent allowable by law, You shall be liable for any expenses and reasonable attorney's fees for your failure to safeguard user and password information and/or promptly notify the App about unauthorized use of your account or breach of your account information or password.

User Account Registration

In order to access and use all of the features of the Sites, you can open an account ("User Account”) by registering with nyam!. Upon proper registration and opening of a User Account we hereby grant to you the personal, non-transferable right and license to access and use the App by displaying it on your phone screen for the purpose of providing our Services. Any breach of these Terms of Use shall result in the immediate revocation of the license granted in this paragraph without notice to you.As an express condition of being permitted to open a User Account, you represent and warrant that you have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside.You are solely responsible for properly canceling your User Account. An email or phone request to cancel your User Account is not considered cancellation. You can cancel your User Account at any time by clicking on the “Delete Account” in “My account” settings. The settings screen provides a simple no-questions-asked cancellation. Your cancellation will take effect immediately; however, the cancellation of your User Account will have no impact on any pending orders made via the Sites.We may terminate your User Account and/or these Terms of Use at any time and for any reason upon notice to you. We may also suspend our Service to you at any time, with or without cause. Any termination of your User Account and/or these Terms of Use will have no impact on any pending orders made via the Sites. Once your User Account is terminated, we may permanently delete your User Account. If you do not log in to your User Account for 12 or more months, we may treat your User Account as "inactive” and permanently delete the User Account and all the data associated with it. Except where an exclusive remedy may be specified in this Agreement, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under these Terms of Service. All sections of these Terms of Use which by their nature should survive termination will survive, including without limitation, accrued rights to payment, use restrictions and indemnity obligations, confidentiality obligations, warranty disclaimers, and limitations of liability.

Subscriptions and Payment

You may access and use the Site and/or Service by either a free-of-charge service, a monthly or annual fee-based subscription ("Paid Subscription”) or a one-time permanent subscription.A “lifetime” subscription refers to a one-time payment granting access to the Service for as long as the Service is offered. We reserve the right to terminate a lifetime subscription without refund if you breach these Terms or use the Service in a prohibited manner. We may also discontinue lifetime subscriptions, or the Service itself, at our sole discretion.If You are using a Paid Subscription, your online credit or debit card payments to the App will be handled and processed by third party service ("Third-party Provider”) and none of the sensitive data in relation to your payment will be stored on or used by us, the Site and/or the Service. The App shall not be liable for any payment or similar issues that arise due to the Third-party Provider. The App may change the Third-party Provider from time to time.Paid Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You can cancel at any time through the App Store or Google Play account settings, and the cancellation will take effect at the end of the current billing period.If your subscription payment cannot be processed, we provide a grace period during which you will continue to have access to the Service. For annual subscriptions, the grace period is seven (7) days, and for monthly subscriptions, the grace period is three (3) days. If payment is not successfully completed within the applicable grace period, your access to the app may be suspended.The App may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you. By continuing to use the Site and/or Service after the price change takes effect, you accept the new price.If you download or purchase the Service through the Apple App Store, Google Play Store, or any other official app marketplace, you acknowledge that such third parties are third-party beneficiaries of these Terms and may enforce these Terms against you. All purchases and subscriptions made through such platforms are also subject to their respective terms and conditions, which shall prevail in the event of any conflict with these Terms.

Right of Withdrawal for EU Consumers

If you are an EU consumer, you have the statutory right to withdraw from a purchase within 14 days without giving any reason. However, by starting to use a paid subscription or digital content before the withdrawal period ends, you expressly agree to lose this right once the service has been fully performed or the digital content has been made available to you. To exercise your right of withdrawal, please contact us at [email protected]

Indemnity

You agree to indemnify and hold the App, its affiliates, officers, employees, and agents harmless from any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising from your violation of these Terms, applicable laws, or the rights of any third party.

Site for Information Purpose Only and Does Not Provide Medical Advice

This Site offers health, diet and nutrition related information, but is designed for informational purposes only, and is not intended as a substitute for the advice provided by your physician, nutritionist, dietitian or other healthcare professional. This Site is not a certified weight loss program and does not provide any medical or health advice. If you have any concerns or questions about your health or the content on the Site and/or Service, you should always consult with a physician, nutritionist or other health-care professional. You should not use the information on this Site for diagnosing or treating a health, nutrition or weight loss problem or disease, or prescribing any medication or other treatment. You should always speak with your physician, nutritionist or other healthcare professional before adopting any diet or meal plan for health problems or dietary restrictions.Some meal plans, recipes, and recommendations may be generated automatically by artificial intelligence algorithms. Such content may contain inaccuracies, omissions, or suggestions that are not suitable for all users. You are solely responsible for reviewing and determining the suitability of any AI-generated content before acting on it.

Termination of License

The App may terminate your license to use the Service with or without cause at any time. Should You breach this Agreement or fail to comply with any term of this Agreement, your right to use the Service shall terminate immediately and without notice. You may also terminate this Agreement by simply discontinuing use of the Service.

Consumer Protection Laws

Nothing in these Terms excludes or limits any rights you may have under the laws of your country of residence that cannot be excluded or limited by contract. If the law of your country of residence grants you higher consumer protection standards, such provisions shall prevail.

Disclaimer and Limitation of Liability

The Service is provided “as is” and “as available,” without any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not guarantee that the Service will be uninterrupted, secure, error-free, or meet your expectations. You use the Service at your own risk. To the maximum extent permitted by law, the App shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including loss of profits, data, goodwill, or other losses, arising from or in connection with your use of the Service. In no event shall our total liability exceed the amount you paid to use the Service. These Terms of Service and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of Spain, without prejudice to any mandatory consumer protection provisions that apply in your country of residence. Any dispute shall be subject to the non-exclusive jurisdiction of the courts of Spain.

Changes to these Terms

We reserve the right to amend these Terms of Service at our discretion and at any time. When we make changes to these Terms of Service, we will post the new Terms of Service on the Sites. By continuing to access, browse, or otherwise use the Sites, you agree to be legally bound by any such new Terms of Service.

General

These Terms of Service constitute the entire agreement between you and us with respect to matters set forth in these Terms of Service and supersede any prior or contemporaneous understanding or agreement; and there are no third-party beneficiaries to these Terms of Service. These Terms of Service will bind and inure to the benefit of any assignees or successors in interest of or to you or us. Section and paragraph headings in these Terms of Service are used for convenience and reference only and in no way define, limit, extend or otherwise describe the scope or intent of these Terms of Service and may not affect the meaning or interpretation of these Terms of Service. If any provision of these Terms of Service is deemed invalid or unenforceable, that provision will be reformed and construed consistently with applicable law as nearly as possible to reflect the original intentions of these Terms of Service; and in any event, the remaining provisions of these Terms of Service will remain in full force and effect. No waiver of any of the provisions of these Terms of Service is a waiver of any other provision, whether or not similar, nor does any waiver constitute a continuing waiver

Contact

For any questions, complaints, or claims regarding these Terms or the Service, please contact [email protected]

Privacy Policy of nyam! App

This document is intended to inform users about our policies regarding the collection, use and disclosure of personal information if they choose to use our Service.By choosing to use our Service, you agree to the collection and use of information in accordance with this policy. The personal information we collect is used to provide and improve the Service. We will not use or share your information with anyone, except as stated in this Privacy Policy.The terms used in this Privacy Policy have the same definitions as in our Terms and Conditions.

ARTICLE 1. Collection and Use of Information

User can delete their information and account from our database by selecting the "Delete Account" option in the user settings tab. It should be noted that this information cannot be retrieved after it has been deleted.User can also request to delete their personal information without deleting their account. To do so, user will have to send an email to [email protected] indicating the registered email address and the information to be deleted. It should be noted that the information deleted from our database cannot be retrieved and is an operation that cannot be undone.The app uses third party services that may collect information used to identify you. Details regarding the third party service providers and links to their corresponding privacy policies are provided below:- Firebase: We use Google's external service, Firebase, for user authentication, data storing and Crashlytics. In this respect, Google servers handle the login authentication security and the security of the stored data. Crashlytics collects certain technical information about your device and app usage at the time of a crash, such as device model, operating system version, and the steps leading to the error. By using our app, you agree to Google's processing of this information. Google does not manage other user information. You can find the privacy policy here.- Amplitude: We use Amplitude for analytics to help us understand how users interact with our app and to improve the Service. Amplitude collects and processes information about your use of the app, such as actions taken within the app and general device information. By using our app, you agree to Amplitude’s processing of this information. You can find the privacy policy here.- RevenueCat: We use RevenueCat to manage subscriptions and the paywall in our app. RevenueCat does not process payments directly; all payments are securely handled by the app stores (Apple App Store and Google Play Store). RevenueCat processes certain information about your subscription status and entitlements to ensure that you have access to the features you have purchased. By using our app, you agree to RevenueCat’s processing of this information. You can find the privacy policy here.

ARTICLE 2. Payment Information

The device's online store operates the payments in our app. App Store and Play Store are both responsible for the security of the payment information. The App has no access to this information and cannot be held liable for this information.

ARTICLE 3. Communications

As part of using our Service, we may contact you for different purposes:Operational communications: These include messages necessary for the operation of the Service, such as account registration confirmations, notifications about changes to the Privacy Policy or Terms or information regarding technical issues, maintenance, or security matters. These communications are an integral part of the service itself, and by agreeing to this Privacy Policy, you consent to receive them. You cannot opt out of these messages while your account is active.Marketing and promotional communications: We may send you promotional messages, personalized recommendations, tips, news about new features, and offers related to the Service, aimed at helping you get the most out of your experience. You can withdraw your consent and stop receiving marketing communications at any time, using the unsubscribe option included in each message or from your account settings.

ARTICLE 4. Cookies

Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites you visit and stored in the internal memory of your device. This Service does not use cookies explicitly. However, the app may use third party codes and libraries that use cookies to collect information and improve its services. You have the option to accept or reject these cookies and to be notified when a cookie is sent to your device. If you choose to reject our cookies, you may not be able to use some features of this Service.

ARTICLE 5. Service Providers

We may employ third party companies and individuals due to the following reasons:- To provide our Service;
- To perform services related to the Service; or
- To help us analyze how our Service is used.We would like to inform our Service users that these third parties may have access to your user information. However, they are required not to disclose or use the information for any other purpose.

ARTICLE 6. Security

We have implemented suitable measures and techniques to provide protection against illegal or unauthorized processing of personal data, and against illegal or accidental access, unauthorized disclosure, modification, loss, or illegal or accidental destruction of personal data. It should be noted, however, that we cannot completely prevent all security risks associated with the storage and transfer of personal data.

ARTICLE 7. Link to Other Websites

It should be noted that this Privacy Policy does not apply to the practices of companies we do not own or control, or to individuals we do not employ or are not under our direction. Our Services may include a link or otherwise provide access to third party Sites. We provide these links only as a convenience to you. We do not control, review or hold responsibility for third party sites, their content, or the products or services provided by third party sites. Our Privacy Policy does not apply to third party sites, and if you provide any information to these sites, you do so at your own risk. We encourage you to review the privacy policies of the third party sites on which you interact.

ARTICLE 8. Privacy of Minors

The App is available to individuals who have reached the age of majority in their country, state, or jurisdiction of residence, and such individuals may access the Services without restriction.The App does not knowingly collect personal information from anyone under the minimum required age. If you are a parent or legal guardian and believe that a minor has accessed the Services or provided personal information without meeting these requirements, please contact us so we can delete such information and the associated account.

ARTICLE 9. Legal Basis for Processing (GDPR)

If you are located in the European Union, the processing of your personal information is carried out in accordance with the General Data Protection Regulation (GDPR). We process your personal information based on your consent. We also process your information when it is necessary for the performance of a contract, for example to create and maintain your account, or when we must comply with legal obligations that require us to retain or disclose certain information. In some cases, we may process your information for our legitimate business purposes, such as improving the Service or preventing fraud, provided that your rights and freedoms are not overridden. You can contact us at any time to learn more about the legal basis that applies to a specific processing activity or to withdraw your consent where applicable.

ARTICLE 10. Transfer of Data Outside EU

Some of our service providers, such as Firebase, Google Analytics, and Amplitude, are located outside the EU, including in the United States. This means that your personal information may be transferred to and processed in countries that may not provide the same level of data protection as in the EU. When we transfer your information to such countries, we take appropriate measures to ensure that your data remains protected, such as relying on the European Commission’s Standard Contractual Clauses or other legal safeguards permitted under the GDPR.

ARTICLE 11. EU

Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.

ARTICLE 12. Changes to this Privacy Policy

The current Privacy Policy may be updated from time to time. Therefore, it is recommended that you review this document regularly. Any changes will become effective immediately upon the posting of such changes to this document.

ARTICLE 13. Contact

For any questions, complaints, or claims regarding our Privacy Policy, please contact [email protected]