Terms

Effective date: Apr 9, 2022

Aspire is a mobile app that helps users record foods eaten (or to be eaten), exercises, and water intake. Aspire helps users understand the impact of their eating habits on their bodies, track their progress, and achieve their diet-related health goals. The services offered by Aspire ("Aspire", "we" or “Company”) include the Aspire mobile applications, and any other features, content, or applications offered from time to time by Aspire (collectively, the "Services").

These Terms and Conditions of Use ("Terms & Conditions") set out the legally binding terms for your use of the Services and your continued use of the Services represents your consent to these Terms & Conditions whether you are a "Visitor" (which means you simply use Services without registering) or a "Member" (which means you have a registered account). These Terms & Conditions include Aspire’s policy for acceptable use of the Services and Content posted on Aspire, your rights, obligations, and restrictions regarding your use of the Services and Aspire’s Privacy Policy. Please choose carefully the information you post on Aspire and that you provide to other users. Your Aspire profile may not include the following items: telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, the information provided by other Aspire Members (for instance, in their created recipes) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Aspire assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact support@aspire.world.

Aspire reserves the right, in its sole discretion, to reject, refuse to post or remove any content created by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.

1. Eligibility

Use of the Services is void where prohibited. You do not have to become a registered user to use some of the Services. However, if you do not register, you may be precluded from using certain elements of the Services, such as creating food or recipe, or similar activities where you and other Members can share data.

By using the Services, you represent and warrant that (a) all registration information you submit is true, accurate, and complete, and that you will maintain the accuracy of such information; (b) all information that you provide us in using the Services will be true, accurate and complete; (c) your use of the Services does not violate any applicable law or regulation, and (d) you are 18 years of age or older. Your profile may be deleted, your use of the Services suspended and your Membership may be terminated without warning if you provide any information that is untrue, inaccurate, or incomplete or we have reasonable grounds to suspect this is the case or that you are under the age of 18.

2. Term

These Terms & Conditions shall remain in full force and effect while you use the Services or are a Member. You may terminate your Membership at any time, for any reason. Aspire may terminate your Membership at any time, without warning. Even after Membership is terminated, these Terms & Conditions will remain in effect.

3. Modification of terms of use and/or services

Aspire reserves the right, in its sole discretion, to modify, discontinue or terminate the Services or to modify this Terms of Use at any time and without prior notice. If the Company amends these Terms of Use, it will update this posting on the Website and specify the effective date of the new version of the Terms of Use. Your continued use of the Services following the posting of a new version of the Terms of Use shall constitute your acceptance of any such amendments. Accordingly, you should check to see if a new version of the Terms of Use has been posted each time you use the Services. If the amended Terms of Use are not acceptable to you, your only recourse is to cease using the Services.

4. Privacy

Please refer to the Privacy Policy available here for information and notices about how the Company collects, uses and shares your personally identifiable information in connection with the Services. You hereby agree to be bound by the Company’s Privacy Policy.

5. Fees

While Aspire basic usage is free, you acknowledge that Aspire reserves the right to charge for the Services and to change its fees from time to time at its discretion.

6. Password

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Aspire immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

7. Account

You can at any time choose to cancel/end your account at your convenience. Please note that uninstalling the mobile application or signing out of your account will not automatically stop your subscription; you must actively cancel the subscription.

If you have subscribed to Aspire Premium through the use of the App Store or Google Play Store, you can only cancel your subscription through the use of their services. However, if you have only opened an account through Aspire mobile app, you can cancel your account by sending a request to our support team at support@aspire.world.

8. Non-commercial Use by Members

The Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Aspire. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means to send unsolicited email or unauthorized framing of or linking to Aspire. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.

9. Proprietary Rights in Content on Aspire

By displaying or publishing ("posting") any Content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on or through the Services, you hereby grant to Aspire, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. This license will terminate at the time you remove such Content from the Services. Notwithstanding the foregoing, a back-up or residual copy of the Content posted by you may remain on the Aspire servers after you have removed the Content from the Services, and Aspire retains the rights to those copies. You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person because of any Content posted by you to or through the Services. The Services contain Content of Aspire ("Aspire Content"). Aspire Content is protected by copyright, trademark, patent, trade secret and other laws, and Aspire owns and retains all rights in the Aspire Content and the Services. The Services contain Content of Users and other Aspire licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Services.

10. Content Posted

Aspire may delete any Content that in the sole judgment of Aspire violates these Terms & Conditions or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Aspire assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time Aspire chooses, in its sole discretion, to monitor the Services, Aspire nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Members for your interactions with other Users. Aspire does not endorse and has no control over the Content. Content is not necessarily reviewed by Aspire before posting and does not necessarily reflect the opinions or policies of Aspire. Aspire makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members. You understand that by using the Services, you may be exposed to Content that is offensive or objectionable. Under no circumstances will we be liable in any way for any Content (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted to or through the Services.

11. Prohibited Content

The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Services. Aspire reserves the right to investigate and take appropriate legal action against anyone who, in Aspire’s sole discretion, violates this provision, including without limitation, removing any offending content from the Services and terminating the Membership of such violators. Prohibited Content and activity includes, but is not limited to Content that, in the sole discretion of Aspire:

  • is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • exploits people sexually or violently;
  • contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  • solicits personal information from anyone under 18 or harms minors in any way;
  • provides any telephone numbers, street addresses, last names, URLs or email addresses;
  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes an illegal or unauthorized copy of another person's copyrighted work or contains materials that infringe upon any patent trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
  • contains information that you do not have a right to post under any law or under contractual or fiduciary relationships (such as proprietary and confidential information);
  • involves the transmission of "junk mail", "chain letters", "pyramid schemes", or unsolicited mass mailing, instant messaging, "spimming", or "spamming";
  • contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
  • involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
  • includes a photograph of another person that you have posted without that person's consent.
  • Posting false or irrelevant content, or repeatedly posting the same or similar content;

12. Prohibited Activity

The following is a partial list of the kind of activity that is illegal or prohibited on Aspire Services. Aspire reserves the right to investigate and take appropriate legal action against anyone who, in Aspire’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

  • criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  • advertising to, or solicitation of, any Member to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent;
  • covering or obscuring the banner advertisements on any Aspire page via HTML/CSS or any other means;
  • Using any meta tags or other hidden text or metadata utilizing a Company trademark, logo, URL or product name;
  • Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Services to send altered, deceptive or false source-identifying information;
  • modifying, adapting, translating or reverse engineering any portion of the Services;
  • using any robot, spider, site search/retrieval application, or other automated devices, process or means to access, query, retrieve, index or otherwise collect any portion of the Services (other than with the consent of Aspire);
  • accessing, retrieving or indexing any portion of the Services for purposes of constructing or populating a searchable database that is in any way similar to Aspire Content;
  • any automated use of the system, such as using scripts to send comments or messages;
  • interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
  • attempting to impersonate another Member or person;
  • Collecting or storing any personally identifiable information from the Services from other users of the Services without their express prior permission;
  • Sharing others’ personal information without their approval
  • using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
  • Contacting anyone who has asked not to be contacted, or making unsolicited contact with anyone for any commercial purpose
  • selling or otherwise transferring your profile;
  • using any information obtained from the Services in order to harass, abuse, or harm another person;
  • displaying an advertisement on the content you create, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Services on behalf of that person, such as placing commercial content on recipes you create; or
  • using the Services in a manner inconsistent with any and all applicable laws and regulations.
  • Contributing to any propaganda, religious and/or political views.
  • Transmitting, and/or distributing files that may damage Aspire or others’ electronic devices or properties (such as viruses and trojan horses)
  • Violating any applicable law or regulation;

13. Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Aspire to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Aspire by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Aspire’s Copyright Agent for notice of claims of copyright infringement can be contacted at support@aspire.world.

14. Member Disputes

You are solely responsible for your interactions with other Aspire Members. Aspire reserves the right but has no obligation, to monitor disputes between you and other Members.

15. Privacy

Use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms & Conditions by this reference.

16. Customer Support Services

In case of any question regarding how the Service works, you can contact Aspire customer support at support@aspire.world. Our customer support team can solely help you find how our Service works and relay any potential technical difficulty to our technology and software development team to fix the issue and they are not responsible for responding to any medical or health-related question.

17. Health Disclaimer

Aspire and its Services provide diet, weight loss management, and nutritional information and are intended only to assist users with their health and weight goal efforts. Aspire is not a medical organization and we cannot give you medical advice or diagnosis. Nothing contained in the Aspire Services should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment.

You are urged and advised to seek the advice of a physician before beginning any weight changes effort or regimen. These Services are intended for use only by healthy adult individuals. The Services are not intended for use by minors, pregnant women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight change effort or regimen.

18. Disclaimers

Aspire is not responsible for any incorrect or inaccurate Content posted on or in connection with the Services, whether caused by Aspire, Users of the Services or by any of the equipment or programming associated with or utilized in the Services. The Services may contain links to other websites. Aspire is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Aspire. Inclusion of any linked website on the Services does not imply approval or endorsement of the linked website by Aspire. When you access these third-party sites, you do so at your own risk. Aspire takes no responsibility for third party advertisements which are posted on or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Aspire is not responsible for the conduct, whether online or offline, of any User of the Services. Aspire assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Aspire is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or any of the Services or combination thereof, including any injury or damage to Users or any person's electronic devices related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Aspire be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a Aspire event, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and Aspire expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Aspire cannot guarantee and does not promise any specific results from use of the Services.

19. Limitation on Liability

IN NO EVENT SHALL ASPIRE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF Aspire HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Aspire’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ASPIRE FOR THE ASPIRE SERVICES DURING THE TERM OF MEMBERSHIP.

20. Governing Law and Disputes

These Terms & Conditions and any dispute about or involving the Services shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to conflict of law provisions. You agree that any action at law or in equity arising out of or relating to your use of the Services or these Terms & Conditions shall be filed only in the state or federal courts located in Ontario, Canada and you hereby consent and submit to the personal jurisdiction of such courts to litigate any such action, provided that the foregoing shall not prevent Aspire from seeking injunctive relief in a court of competent jurisdiction.

21. Indemnity

You agree to indemnify and hold Aspire, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of these Terms & Conditions and/or arising from a breach of these Terms & Conditions and/or any breach of your representations and warranties set forth above and/or if any Content that you post on or through the Services causes Aspire to be liable to another.

22. Referrals

Aspire offers the Referral Program to users who are interested in referring friends and/or family to sign up on Aspire and purchase premium subscriptions. These terms govern the participation of members who refer (“Referrers”) and the individuals who are referred (“Referees”) by the Referrers. Referees are typically friends and family of the Referrers.

22.1. Qualified Referrals

Qualified Referral must:

  • Be a natural person (i.e., no businesses, legal entities, or pets);
  • Be a new/first-time user with Company;
  • Make a purchase using your custom referral link or other methods supplied by the Company that allow for proper tracking of referrals;
  • Result in Referees purchasing a premium subscription, maintaining the subscription for at least two weeks, and not requesting refunds on the subscriptions;
  • Consent to and comply with the Terms of Use.
22.2. Referral Rewards

The Referral Reward amounts change from time to time and will be set forth on our referral page of the mobile applications and website (“Referral Page”). The applicable credit amounts are set to the value displayed on the Referral Page at the time the invitation was sent to the Referee to participate in the Referral Program. There may be a slight delay before the additional Referral Rewards become available. The number of Referral Rewards you can receive may be limited.

22.3. Representations

By participating in the Referral Program, (i) as a Referrer, you represent and warrant that you have a personal relationship with your Referee(s) or otherwise have the necessary consents to submit their information to the Referral Program; and (ii) as a Referrer or Referee, you will comply with all applicable Company policies and terms, and any and all applicable laws, rules and regulations in your participation in the Referral Program.

22.4. Restrictions

Any modification or efforts to bypass, manipulate, obscure, or otherwise modify the delivery and accurate presentation of sharing tools, content, disclosures, or other materials and instructions we provide will be considered a violation of these Terms.

The amount of Referral Rewards that you may receive and the time period in which you may earn Referral Rewards are subject to limitations.

22.5. Reservation Of Rights

We reserve the right to withhold, deny or cancel any Referral Gifts and/or terminate your account if Company, in its sole discretion, deems any Referral Gift as fraudulent, abusive, unethical, suspicious, or otherwise inconsistent with the Terms or any other applicable law or regulation. Our decisions are final.

22.6. Cancellation, Termination

At our sole discretion, we have the right to modify, add or delete all or any portion of these Terms, benefits, Referral Rewards, at any time, with or without notice. If the Program is terminated or the Referrer’s account is closed, any remaining earned Referral Rewards will be forfeited.

We reserve the right to change, modify or terminate the Program, or any or all benefits under the Program or any policy pertaining to the Program, at any time, for any reason, including our right to discontinue or change how Referral Rewards are received, calculated or redeemed.

23. Other

These Terms & Conditions are accepted upon your use of the Services and is further affirmed by you becoming a Member. These Terms & Conditions constitute the entire agreement between you and Aspire regarding the use of the Services. The failure of Aspire to exercise or enforce any right or provision of these Terms & Conditions shall not operate as a waiver of such right or provision. The section titles in these Terms & Conditions are for convenience only and have no legal or contractual effect. These Terms & Conditions operate to the fullest extent permissible by law. If any provision of these Terms & Conditions is unlawful, void or unenforceable, that provision is deemed severable from these Terms & Conditions and does not affect the validity and enforceability of any remaining provisions.

Please note that Aspire reserves the right to change any of these terms of service at any time, without any notice. We encourage you to check back here periodically to ensure that you remain informed on the specifics of these terms of service.

Please contact us at support@aspire.world with any questions regarding these Terms & Conditions.

I HAVE READ THESE TERMS & CONDITIONS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

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