TERMS & CONDITIONS

(aka LEGALS)

Introduction

Welcome to situscale.com (“Website”). The Website is operated by Michael Grothaus Limited, company number 08275317, registered in England and Wales. The SITU scale and app are fully owned by Michael Grothaus Limited, company number 08275317, registered in England and Wales. (referred to in this contract as “SITU”).

The Website contains certain information regarding the SITU scale and related software.

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Acceptance Of Terms

Your use of the SITU Website, Hardware, and the Software (or any part thereof) (collectively “SITU”) is governed by these Terms of Service, which constitute a binding legal agreement between you and SITU (“Agreement”). By using SITU you agree to abide by these Terms of Service. If you do NOT agree to all of these Terms of Service, you should NOT access or use any aspect of SITU. These Terms of Service will remain in full effect for the time that you continue to use or access SITU or until terminated in accordance with the provisions of this Agreement. These terms may change from time to time at the discretion of SITU and such changes will take effect from the time such changes are posted on the SITU Website. You should regularly review these Terms of Service. SITU reserves the right to make changes to, suspend or terminate SITU software and services at its discretion without prior notice.

Access To The Service

SITU hereby grants you the right to use SITU solely for controlling the SITU scale.

SITU reserves the rights to either temporarily or permanently modify or terminate SITU (or any part thereof). SITU will post on our website the notice of any material changes to SITU. If you do not like the modifications to SITU, your sole remedy is to cease using SITU.

Privacy Policy

Personal information provided or collected through or in connection with SITU shall only be used in accordance with SITU Privacy Policy at http://situscale.com/terms-conditions/ , and these Terms of Use are subject to SITU Privacy Policy. Scroll down to read the full Privacy Policy.

Interruptions To And Availability Of The SITU Service

SITU is not liable for any interruptions to internet connectivity, Wi-Fi connectivity or availability of services offered through third parties. Any materials downloaded from the SITU Website are done so at your own risk. SITU will not be held accountable for damage to computer equipment or loss of data as a result of downloads from the SITU Website. SITU will not be responsible for any problems or liability arising from the use of third party software or hardware in relation to SITU.

You agree that SITU availability is dependent on your mobile or computer device, device carrier, your internet service provider, your home wiring, your Wi-Fi hardware and other software and hardware that is used to control SITU. You acknowledge and agree that SITU cannot be held responsible for fees and charges associated with these products and services. Third-party Software, Hardware or content You agree that SITU cannot be held responsible for software, hardware or content developed by third parties that interacts with SITU. It is your responsibility to read and accept any third party user licensing agreements. In the event that the third party terms of service are less restrictive than the SITU Terms of Service, then the SITU Terms of Service will apply.

Any link from the SITU Website or SITU App to any third party website or content will not be considered an endorsement of such website or content, or the products or services available through such website.

Indemnification and Release

You agree to indemnify and hold harmless SITU, its subsidiaries, affiliates, partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and litigation costs) that arise out of any violation of these Terms of Service by you.

If you have a dispute with one or more users of SITU, you release SITU, its subsidiaries, affiliates, partners and suppliers, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

DISCLAIMER; Limitation of Liability SITU IS PROVIDED “AS IS” AND “AS AVAILABLE”. SITU AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF ANY ASPECT OF SITU. IN NO EVENT SHALL SITU OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE SITU, EVEN IF SITU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY AND SOLELY FROM INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE ON THE PART OF SITU.

If you live in a country or state that does not allow any of the foregoing exclusions or limitations of liability or any of the disclaimers of warranties above, such exclusions or limitations will not apply to you but only to the extent such exclusions or limitations are not allowed. In such case, such exclusions or limitations shall be limited to the extent required by applicable law.

SITU Scale is NOT a medical device

SITU Scale is a learning tool. It shows you the estimated nutrition content of your food based on data from publicly available U.S. and U.K. government food databases and it’s up to you how you use that information. The SITU Scale and its application and SDK are not to be used to treat or diagnose any medical or health condition. The SITU Scale is a simple kitchen scale whose accuracy of weight readings can fluctuate like normal kitchen scales. SITU is in no way responsible for any damages, injury, or death from users using the scale, SDK, or app to diagnose or treat medical and health related conditions.

Bluetooth interference with other devices

The SITU Scale uses Bluetooth technology to communicate with your iPhone or iPad. Bluetooth is generally considered to be a safe wireless technology and it’s generally considered rare that any Bluetooth device should cause interference with other devices. The American Heart Association says that Bluetooth devices do not appear to interfere with implantable medical devices such as pacemakers and Implantable Cardioverter Defibrillators (ICDs). However, if you have such a device it’s always wise to check with your doctor to see if they believe any other devices could interfere with your pacemaker or Implantable Cardioverter Defibrillator (or similar devices) and confirm any precautions you should take while using your Bluetooth devices around pacemakers, ICDs, or similar devices. If you have such an implantable (or other health-critical) device we don’t recommend using any Bluetooth device (including SITU) before checking with your doctor and being given the go head by them to use Bluetooth devices and address with them what precautions you should take while using Bluetooth devices, if any.

An important legal note for developers making SITU Scale third-party apps and users using third-party developer SITU Scale apps

SITU offers a number of SDKs so developers can build their own apps that can take advantage of the SITU Scale hardware. SITU does not review, test, or certify any third-party apps that are made using the SITU Scale SDK and we are not responsible for and do not endorse any third-party apps made using our SDK.

SITU is not responsible for the quality, reliability, or usefulness of third-party apps. Third-party apps should not be created or used that attempt to turn SITU into any kind of medical device or device that is used in a medical setting as the SITU hardware is a consumer device and not cleared by any regulatory body for medical use. If any third-party developer attempts to use SITU and its SDK to use SITU in a medical setting, it is up to them to seek regulatory approval from the relevant medical regulatory bodies in each country for the SITU hardware, SDK, and software. Any legal issues or liabilities that arise out of the use of SITU Scale and third-party developer apps are the sole responsibility and liability of the third-party developer.

Both third-party developers and users of third-party SITU Scale apps agree to indemnify and hold harmless SITU, its subsidiaries, affiliates, partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and litigation costs) that arise out of any harm or consequences that come from using SITU Scale with third-party apps. By using the SITU SDK, developers agree to these terms.

Ownership by SITU

SITU and/or its licensors retain all right, title, and interest in and to SITU and all aspects thereof, including all patents, copyrights, trade secrets, and other intellectual property rights incorporated therein. You may not remove or destroy any product identification, copyright notices, or other proprietary markings or restrictions from any aspect of SITU or any SITU product.

You acknowledge that any ideas, inventions, suggestions for improvement or discussions submitted by you regarding any aspect of SITU (“Feedback”) that are not already subject to third party intellectual property rights may be used by SITU or any other user of SITU without compensation or attribution, and you hereby grant SITU, its subsidiaries, affiliates and partners a worldwide, irrevocable, royalty free, non-exclusive, sublicenseable and transferable license under all intellectual property rights in the Feedback for any purpose. You acknowledge that any Feedback submitted to SITU or the SITU Website constitutes “publication” of such inventions under applicable patent law.

General

Export Control: You may not use or otherwise export or re-export SITU (or any aspect thereof) except as authorized by United States law and the laws of the jurisdiction in which SITU was obtained. In particular, but without limitation, SITU may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using SITU, you represent and warrant that you are not located in any such country or on any such list.

Assignment: You may not assign this Agreement or any of your rights, obligations, or liabilities hereunder without the prior written consent of SITU, and any attempted assignment or delegation in violation of the foregoing will be void.

Jurisdiction; Dispute Resolution: This Agreement is governed by, and is to be construed in accordance with, English law. The English Courts will have non-exclusive jurisdiction to deal with any dispute which has arisen or may arise out of, or in connection with, this Agreement.. The terms of the United Nations Convention on Contracts for the International Sale of Goods (1980) shall not apply to the interpretation or enforcement of this Agreement. You consent to the jurisdiction of all courts in England and agree that venue shall be in England. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, or use of SITU shall be settled by arbitration administered in England, and judgment on the award rendered by the arbitrator[s] may be entered in any court having jurisdiction thereof.

Severability: If any provision, right or remedy provided for herein is determined by a court of competent jurisdiction to be invalid, void or enforceable, the validity and enforceability of the remaining provisions will not be affected thereby.

In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

No Waiver: No waiver will be implied from conduct or failure to enforce rights. No provisions of this Agreement shall be deemed waived unless such waiver is in writing and signed by the authorized representative of the party against whom it is sought to be enforced. Waiver by either party of any default by the other party of any provision of this agreement shall not be deemed a waiver by the waiving party of any subsequent or other default.

Entire Agreement: This Agreement contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous agreements or understandings, whether oral or written, with respect to such subject matter.

Warranty: a six month warranty from date of purchase applies if the item is defective. Defective items will be replaced. If an item has been damaged through neglect or misuse, damaged items are not covered under warranty.

SITU website purchases – 14 Day Return Policy

We have a 14 day return period except where required by law. SITU’s return policy allows you to return SITU (the “Product”) purchased by you directly from the SITU website after completing the SITU Return Form (“SRF”) during the 14 day period following date of shipment by SITU if you have changed your mind or not happy with the Product. You are responsible for and must pay all return shipping charges and you shall assume all risk of loss or damage to the Product while in transit to SITU, which is why it is recommended you use a tracking service so it can be verified the returned Product was sent by you and received by SITU. If the Product is returned new, sealed in its box we will offer a refund of the full purchase price paid minus the cost of original shipping. If the Product has been opened we charge a 20% open box fee on the original purchase price and the cost of original shipping is non-refundable. An open Product must be undamaged, in its original condition, and in the original packaging.

Refunds will be made by crediting the account used to make the original purchase. The SRF can be obtained by contacting orders@situscale.com. The Product must be received by SITU within 14 days after issuance of the SRF. All Products must be packed in the original packaging including any accessories, manuals, documentation, and registration that shipped with the Product. The SRF number must be included with the returned Product.

Shipping and handling charges and gift wrap fees are not refundable on any return, regardless of the reason. If you return the Product to SITU (a) without an SRF from SITU, (b) beyond the 14-day SRF issuance period, or (c) without proper packaging, SITU retains the right to either refuse delivery of such return or charge you a restocking fee. Returns which are not received will not be refunded. The time to credit your account may vary, depending on processing time. Please allow a minimum of 2 weeks for SITU to credit the account used to make the original purchase.

SITU Scale Privacy Policy

SITU takes the privacy of our customers (“Customer” or “you” or “your”) seriously. This Privacy Policy is designed to tell you about our practices regarding the collection, use, and disclosure of information that SITU (“us” or “we”) or its third party service providers collect through the SITU Scale application (“SITU Scale” or “Application” or “App”). Data collected through your use of the Application is governed by this Privacy Policy. Please be sure to read this entire Privacy Policy before using the Application.

By accessing or using SITU Scale, you consent to the terms and conditions of this Privacy Policy. We may modify or update this Privacy Policy at any time effective upon its posting on SITU Scale. Your continued use of this Application constitutes your acceptance to this Privacy Policy and any modifications or updates thereto.

Privacy Policy: Personal Information

Your use of SITU Scale may contain certain information, including information you may consider personal to you (“Personal Information”), to be stored locally on your smartphone or tablet (“Device”). This data includes your birthdate, height and weight, biological sex, and specific details of the foods you eat (“Food Data”).

By default, Food Data is stored locally on your Device. You may also opt to store Food Data with Apple’s Health App Database (see relevant sections below). If you have an iCloud account, SITU Scale will also sync your current Food Data records, including Food History, to Apple’s iCloud Database; no other Personal Information or Food Data is backed up to iCloud.

We will treat your Personal Information and Food Data as confidential (see relevant sections below). We will not share your Personal Information or Food Data with third parties, such as third party service providers and/or advertisers, without your permission.

Privacy Policy: Apple Health App Integration

You may opt to integrate SITU Scale with Apple’s Health App Database. If you grant SITU Scale access to Apple’s Health App Database, SITU Scale will import your data from the Health App Database into the Application in certain circumstances, such as to aid you in the tracking of nutrition goals. In addition, SITU Scale may transfer data that you store locally on your Device, such as Food Data or Nutrition information, to the Health App Database. SITU Scale cannot read from or write to the Health App Database unless you grant access. Data accessed from the Health App Database will never be shared with third parties, such as third party service providers and/or advertisers, without your permission.

SITU Scale is in no way responsible for the protection of the Food Data and/or other information stored with Apple’s Health App Database. You and Apple are solely responsible for the protection of such information in the Health App Database. Please review Apple’s applicable policies and procedures before syncing and backing up your Food Data and/or other information with the Health App Database.

Privacy Policy: Sharing Information

SITU Scale is in no way responsible for the protection of any information that you choose to share with social networks. You and such social networks are solely responsible for the protection of such information. Please review any applicable policies and procedures of such social networks before sharing your information therein.

Privacy Policy: Aggregated Data Collection

SITU Scale may automatically collect anonymous information regarding your interaction with, and use of, SITU Scale. Information we may collect includes, but is not limited to, device identifier and hardware information, IP address, system type, and other information about your interactions with the Application. This data is never linked to your Personal Information or Fitness Data, and we do not use it to identify you personally.

Privacy Policy: Gravatar and email address

The SITU Scale app (iPad) gives you the option of entering your email address so you can add a custom Gravatar avatar image to your in-app user account. Your email address is required for Gravatar use and is sent to Gravatar on your behalf. Your email address is stored locally in the SITU app and does get backed up to iCloud and shared with your other devices, but neither Apple nor SITU can remotely capture it. Find out more at www.gravatar.com.

Privacy Policy: Additional Information

By accessing the SITU website (“Site”) or using the services offered by SITU (“Services”) you agree and acknowledge to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms or to our Privacy Policy, please do not access the Site or use the Services. We reserve the right to change these Terms at any time. We recommend that you periodically check this Site for changes.

SITU grants you a limited license to access the Site and use the Services in accordance with these Terms and the instructions and guidelines posted on the Site. SITU reserves the rights to terminate your license to use the Site and Services at any time and for any reason or in the future charge for commercial usage.

You are solely responsible for your use of the Site and Services. SITU may allow for the posting of content to third-party websites. The third-party websites’ content, business practices and privacy policies are not under our control, and we are not responsible for the content of any third-party website or any link contained in a third-party website.

SITU accesses and stores sensitive website login data as part of its daily operations. While we will take every reasonable precaution to secure these details (including the use of database data encryption), we will not accept any responsibility or liability for actions that may result from this data being intercepted or accessed by an unauthorized third-party.

SITU PROVIDES THE SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SITU SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

You understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. UNDER NO CIRCUMSTANCES SHALL SITU BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT SITU HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH SITU SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES. Some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.

DISCLAIMER REGARDING HEALTH CLAIMS

Results May Vary: Causes for being overweight or obese vary from person to person. Whether genetic or environmental, it should be noted that food intake, rates of metabolism and levels of exercise and physical exertion vary from person to person. This means weight loss results will also vary from person to person. No individual result should be seen as typical.

These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.

The information, including but not limited to, text, graphics, images and other material, contained on this website is for educational purposes only. The content is not intended in any way as a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition or treatment and before undertaking a new health care regimen, and never disregard professional medical advice or delay in seeking it because of something you have read on this website.

ADDITIONAL HEALTH LEGAL DISCLAIMER RELATING TO SITU’S USE

The content of the application is presented for informational purposes only. The SITU Scale and its app is NOT a medical device and should not be used as such. Never disregard professional medical advice from your physician or health care provider or delay in seeking it because of something you have read in this application. The SITU application offers health and/or nutritional information for general educational and informational purposes only. It is not the intention of the application to provide specific medical recommendations or professional advice. You should always consult with your physician or health care provider before trying any homeopathic remedies, new treatments, diets or fitness programs. You should not use the information in the app to diagnose or treat a health problem or disease without consulting with a qualified health care provider. You should never disregard professional medical advice or delay in seeking it because of something you have read in this application.

The application provides the information content on an ‘as is’ and ‘as available’ basis. No warranty is expressed or implied that this application is a comprehensive source of information on any topic of health or otherwise. Though the inventors of the application and their developers have done the best to make sure the nutrition information is accurate, by using the app you agree that no one in association with making this app is to be held responsible for any errors in it or with the nutrition information it contains. The nutritional information in the app is derived from the USDA publication “U.S. Department of Agriculture, Agricultural Research Service. 2012. USDA National Nutrient Database for Standard Reference, Release 25”. The U.K. nutrition database is provided by Public Health England (PHE) and taken from the Composition of foods integrated dataset (CoFID). The CoFID is reused under the Open Government Licence (OGL). No guarantee can be made with respect to accuracy of data nor the accuracy of the calculations made within the app.

In no event shall the creator of this application be liable in any manner for any direct, incidental, consequential, indirect or punitive damages arising out of your access, use or inability to use this application, or any errors or omissions in the information on this application. The creator of this application reserves the right at any time and from time to time to add, change, modify, update, or discontinue, temporarily or permanently, this application (or any part thereof) with or without notice. The creator of this application shall not be liable to you or to any third party for any addition, modification, suspension or discontinuance of this application.

By using the SITU hardware, SDK, or app you signal you agree to all of the above terms.

AGREEMENT REGARDING IMAGERY ON THE SITE

The images on the site may not reflect the actual state of the hardware or app. While SITU does its best to provide the most accurate representation of its hardware and app via the images on the website you acknowledge that you will not hold SITU liable in any way if the scale hardware and software differs in form or appearance.

SITU is available at: