Embry App Terms of Service

Terms

By accessing Embry App (hereafter “App”), you are agreeing to be bound by the App Terms and Conditions of Use (hereafter “TCU”) and agree that you are responsible for the agreement with any applicable local laws. By agreeing to these TCU or by installing or otherwise using the App, you agree to be bound by these TCU. If you disagree with any of these terms, you are not recommended to access this App. The materials contained in this App are protected by copyright and trademark law. This App is intended for tracking weight and physical activities and is based on tracked data recommendation provision purposes only. It is not intended for use in diagnosing disease or other conditions or in the cure, mitigation, treatment, or prevention of disease. Any information found, acquired, or accessed through App is made only for Your convenience and should not be treated as medical advice. Before starting a new nutrition plan or lifestyle regimen, You SHOULD seek medical advice from a doctor. You understand and agree that any information You obtain from App may not be suitable, accurate, complete, or reliable. Embry Tech, Inc. will not be held liable for any injuries, damages, losses, and/or costs associated with Embry App, nor for the accuracy or reliability of any information found, acquired, or accessed through Embry App. Embry Tech, Inc. and its licensors and suppliers expressly disclaim any liability resulting from the provider's delivery of its third-party services, contents, and services.

Your Information

Embry's privacy policies explain how we treat your personal data and protect your privacy when using the App. Embry may need to provide your personal information, such as your name and email address, to Providers for the purposes of processing your transactions or provisioning Content to you. Providers agree to use this information in accordance with their privacy policies.

Expectant Mother and Lactating Mother

Per this App, the term ‘Expectant Mother’ means a woman that is pregnant, including 1st week through week 42; `Lactating Mother’ term stands for a woman who is currently breastfeeding her or other child/children. Unfortunately, our App is not built to support pregnant and lactating women at this point. App’s health system insights and recommendations are not designed and do not take into consideration health changes that naturally occur during pregnancy and lactating periods. We DO NOT recommend Expectant and Lactating Mothers to use the Embry App in any circumstance. If you are an Expectant Mother (a woman being pregnant anywhere from week 1 to week 42) or a Lactating Mother (a woman who is currently breastfeeding her or other child/children) who decides to use our App and Services, you agree to:

  1. Assume all risks associated with the Expectant and Lactating Mother’s use of the App and SERVICE;
  2. Assume any liability resulting from the Expectant and Lactating Mother’s use of the App and SERVICE; and
  3. Assume responsibility and be bound by this Agreement for the Expectant and Lactating Mother’s access and use of the App and SERVICE.

Users of Age Under 18

If you are 13 or older but under the age of 18, you represent that you have reviewed these TCU with your parent or legal guardian and that you and your parent or guardian understand and consent to the terms and conditions of these TCU. If you are a parent or guardian permitting a person under the age of 18 (“Minor”) to use the SERVICE, you agree to:

  1. Supervise the Minor’s use of the SERVICE;
  2. Assume all risks associated with the Minor’s use of the SERVICE;
  3. Assume any liability resulting from the Minor’s use of the SERVICE;
  4. Ensure the accuracy and truthfulness of all information submitted by the Minor; and
  5. Assume responsibility and be bound by this Agreement for the Minor’s access and use of the SERVICE.

Intellectual Property Rights

Unless otherwise indicated, the App is Embry Tech’s, Inc proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (hereafter collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned and controlled by Embry Tech, Inc. or licensed to Embry Tech, Inc., and are protected by copyright laws and various other intellectual property rights and unfair competition laws of the country the United States and international conventions. The Content and the Marks are provided on the Site “AS IS” for only your information and personal use. Provided that you are eligible to use the App, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the App, Content, and the Marks.

Reservation of Rights and Ownership

You acknowledge that the SERVICE is proprietary to Embry Tech, Inc. and its licensors and protected under applicable copyright and other intellectual property laws and treaties. These TCU and your use of the SERVICE do not grant you any ownership interest in or to the SERVICE, and you are granted only a limited license to use that is revocable in accordance with the terms of these TCU. You may not use the SERVICE to reproduce copyrighted materials or materials you do not have the right or legal approval for reproduction.

Prohibited Activities

You may not access or use the Site for any purpose other than that for which Embry Tech, Inc. makes the App available. The App may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the App, you agree not to:

  1. Systematically retrieve data or other content from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without Embry Tech, Inc.’s written permission.
  2. Make any unauthorized use of the App, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses.
  3. Use the App for advertising or offering to sell goods and services.
  4. Circumvent, disable, or otherwise interfere with security-related features of the App, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the App and/or the Content contained therein.
  5. Engage in unauthorized framing of or linking to the App.
  6. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  7. Make improper use of our support services or submit false reports of abuse or misconduct.
  8. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  9. Interfere with, disrupt, or create an undue burden on the App or the networks or services connected to the App.
  10. Attempt to impersonate another user or person or use the username of another user.
  11. Sell or otherwise transfer your profile.
  12. Use any information obtained from the App in order to harass, abuse, or harm another person.
  13. Use the App as part of any effort to compete with Embry Tech, Inc. or otherwise use the App and/or the Content for any revenue-generating endeavor or commercial enterprise.
  14. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the App.
  15. Attempt to bypass any measures of the App designed to prevent or restrict access to the App, or any portion of the App.
  16. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the App to you.
  17. Delete the copyright or other proprietary rights notice from any Content.
  18. Copy or adapt the App’s software.
  19. Disparage, tarnish, or otherwise harm, in our opinion, Embry Tech, Inc. and/or the App.
  20. Use the App in a manner inconsistent with any applicable laws or regulations.

Termination

These TCU shall remain in full force and effect while You use the App. 

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TCU, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE APP, TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TCU OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE APP OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.  

If your account is terminated or suspended, you are prohibited from registering and creating a new account under a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications and Interruptions

The Embry App reserves the right to change, modify, or remove the content of the App at any time or for any reason at our sole discretion without notice. However, Embry Tech, Inc. has no obligation to update any information on the App. We also reserve the right to modify or discontinue all or part of the Services related to the App without notice at any time. Embry Tech, Inc. will not be liable to You or any third party for any modification, price change, suspension, or discontinuance of the App.

Embry Tech, Inc. cannot guarantee the App will be available at all times. Embry Tech, Inc. reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the App at any time or for any reason without notice to You. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the App during any downtime or discontinuance of the App.  

Disclaimer

YOU AGREE THAT YOUR USE OF THE APP SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APP’S CONTENT OR THE CONTENT OF ANY THIRD-PARTY LINKED TO THIS APP, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

  1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP,
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
  4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP,
  5. ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP.

EMBRY TECH, INC. DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND EMBRY TECH, INC. WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.  AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitations of Liability

IN NO EVENT WILL EMBRY TECH, INC. OR EMBRY TECH’S, INC DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Applicable Law

These TCU are governed by the laws of the jurisdiction where the Embry Tech, Inc. is registered, without regard to its conflict of law provisions.

Contact Us

If you have any questions or suggestions about our Terms of Services, do not hesitate to contact us at [email protected].