1. Welcome to Salmo
These Terms and Conditions (“Terms”) govern your use of our website, application, and services. By accessing or using Salmo, you agree to be bound by these Terms. This service includes subscriptions that automatically renew. Please read these terms and conditions of use carefully (in particular, section “subscription fees and payment”) before starting a trial or completing a purchase for our app’s auto-renewing subscription service. To avoid being charged, you must affirmatively cancel your subscription at least 24 hours before the end of the free trial or the then-current subscription period.
If you are unsure how to cancel a subscription or a free trial, please visit the Apple support website, Google Play help, or other app stores’ support pages, depending on where you have purchased your subscription. Deleting the app does not cancel your subscriptions and trials. We also aim to provide information about our subscription policies at or near the point of purchase. Please review these policies prior to making purchases. You may wish to take a screenshot of this information for your reference.
2. Definitions
For the purposes of these Terms:
- “Service” refers to the website and any services provided by Salmo, including the mobile application and related services.
- “User” or “You” refers to any individual who accesses or uses the Service.
- “App” or “Content” includes all information, text, graphics, software, and services available for your use.
- “Salmo”, “We”, “Us”, “Our” means FrogProg Limited, a company registered under the laws of Cyprus. Our registered office is at 9 Vasili Michailidi street, 3026 Limassol, Cyprus, Company Registration Number: HE276592.
3. Acceptance of Terms
The provisions of these terms and conditions of use govern the relationship between you and us regarding your use of our mobile application Salmo and related services, including all the Content available for your use. By accessing our application or using our services, you agree to be bound by these terms and conditions as well as any future amendments or updates. If you do not agree with any part of these Terms or if you are not eligible or authorized to be bound by these Terms, then do not download the App or otherwise access or use the Service.
You will be notified of significant changes through email or in-app notifications. Continued use of the services after such amendments signifies your acceptance of the updated terms. Please also review our Privacy Policy. The terms of the Privacy Policy and other supplemental terms, policies, or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. Unless otherwise expressly provided herein, we will alert you about any changes by updating the “Last updated” date of these Terms and you waive any right to receive specific notice of each such change.
4. Important Disclaimers
WE DO NOT OFFER OR PROVIDE ANY KIND OF MEDICAL ADVICE, HEALTH INSURANCE, OR OTHER HEALTHCARE SERVICE INCLUDING WITHOUT LIMITATION ANY COUNSELING, TESTING, EVALUATION, PRESCRIPTION, PROCEDURE, OR THERAPY RELATED TO EXERCISE, NUTRITION, WEIGHT LOSS, OR WELLNESS, OR RELATED TO THE AVOIDANCE, PREVENTION, DIAGNOSIS, OR TREATMENT OF ANY INJURY, ILLNESS, DISEASE, OR CONDITION (COLLECTIVELY “HEALTHCARE SERVICES”). THE SERVICE MAY NOT BE APPROPRIATE FOR ALL PERSONS AND IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE SERVICES. THE SERVICE IS INTENDED ONLY AS A TOOL WHICH MAY BE USEFUL IN ACHIEVING YOUR OVERALL HEALTH AND FITNESS GOALS. YOU ACKNOWLEDGE THAT YOUR DIET INVOLVES RISKS WHICH MAY INVOLVE THE RISK OF BODILY INJURY OR DEATH AND THAT YOU ASSUME THOSE RISKS. BEFORE ACCESSING OR USING THE SERVICE, YOU AGREE TO RELEASE AND DISCHARGE US FROM ANY AND ALL ACTION KNOWN OR UNKNOWN ARISING OUT OF YOUR USE OF THE SERVICE.
YOU SHOULD CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL TO DETERMINE WHETHER THE SERVICE WOULD BE SAFE AND EFFECTIVE FOR YOU. YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING OR USING THE SERVICE AGAINST MEDICAL ADVICE OR IF DOING SO MIGHT POSE ANY HEALTH RISK. IN THIS CONTEXT, YOU ACKNOWLEDGE THAT YOU TAKE FULL RESPONSIBILITY FOR YOUR HEALTH, LIFE, AND WELL-BEING, AS WELL AS THE HEALTH, LIVES, AND WELL-BEING OF YOUR FAMILY AND CHILDREN (BORN AND UNBORN, AS APPLICABLE), AND ALL DECISIONS NOW OR IN THE FUTURE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT WE ARE NOT PROVIDING MEDICAL ADVICE VIA THE SERVICE. ALL CONTENT PROVIDED THROUGH THE SERVICE, WHETHER PROVIDED BY US OR THIRD PARTIES (EVEN IF THEY ARE CLAIMING TO BE A DOCTOR), IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (I) THE ADVICE OF YOUR PHYSICIAN OR OTHER PROFESSIONALS, (II) A VISIT, CALL, OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (III) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. WE ARE NOT RESPONSIBLE FOR ANY HEALTH PROBLEMS THAT MAY RESULT FROM RECIPES, CONSULTATIONS, PRODUCTS, OR NUTRITION PLANS YOU LEARN ABOUT THROUGH THE SERVICE. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL PROMPTLY. IF YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY.
YOUR USE OF THE SERVICE DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT, OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND US. WE DO NOT ASSUME ANY LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT FOOD, RECIPES, OR OTHER CONTENT ON THE SERVICE. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE FOOD PRODUCTS, WHETHER ONLINE OR ON THE ACTUAL PRODUCT PACKAGING AND LABELS, INCLUDING NUTRIENT CONTENT, INGREDIENTS, FOOD ALLERGEN CONTACT INFORMATION, AND HEALTH CLAIMS BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A FOOD PRODUCT, PLEASE CONTACT THE MANUFACTURER DIRECTLY.
WE MAKE NO GUARANTEES CONCERNING THE LEVEL OF SUCCESS YOU MAY EXPERIENCE, AND YOU ACCEPT THE RISK THAT RESULTS WILL DIFFER FOR EACH INDIVIDUAL. THE TESTIMONIALS AND EXAMPLES THAT MAY BE PROVIDED ON THE SERVICE ARE EXCEPTIONAL RESULTS WHICH DO NOT APPLY TO AN AVERAGE PERSON AND ARE NOT INTENDED TO REPRESENT OR GUARANTEE THAT ANYONE WILL ACHIEVE THE SAME OR SIMILAR RESULTS. THERE IS NO ASSURANCE THAT EXAMPLES OF PAST FITNESS RESULTS CAN BE DUPLICATED IN THE FUTURE. WE CANNOT GUARANTEE YOUR FUTURE RESULTS AND/OR SUCCESS. NOR CAN WE GUARANTEE THAT YOU MAINTAIN THE RESULTS YOU EXPERIENCE IF YOU DO NOT CONTINUE FOLLOWING OUR PROGRAMS.
EACH INDIVIDUAL’S HEALTH, FITNESS, AND NUTRITION SUCCESS DEPENDS ON HIS OR HER BACKGROUND, DEDICATION, DESIRE, AND MOTIVATION. AS WITH ANY HEALTH-RELATED PROGRAM OR SERVICE, YOUR RESULTS MAY VARY AND WILL BE BASED ON MANY VARIABLES, INCLUDING BUT NOT LIMITED TO YOUR INDIVIDUAL CAPACITY, LIFE EXPERIENCE, UNIQUE HEALTH AND GENETIC PROFILE, STARTING POINT, EXPERTISE, AND LEVEL OF COMMITMENT. THE USE OF THE SERVICE SHOULD BE BASED ON YOUR OWN DUE DILIGENCE, AND YOU AGREE THAT WE ARE NOT LIABLE FOR ANY SUCCESS OR FAILURE OF YOUR PHYSIQUE THAT IS DIRECTLY OR INDIRECTLY RELATED TO THE PURCHASE AND USE OF THE SERVICE. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THESE TERMS, WE DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED ON THE SERVICE. YOU ARE ENCOURAGED TO CONSULT WITH YOUR DOCTOR AND OTHER RELEVANT PROFESSIONALS WITH REGARD TO THE INFORMATION CONTAINED ON OR ACCESSED THROUGH THE SERVICE.
5. Account Registration
In order to use certain features of the Service, you may need to register an account (“Account”) and provide certain information about yourself as prompted by the registration form. By registering an Account, you represent and warrant to us that: (i) all required registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; and (iii) your use of the Service does not violate any applicable law or regulation or these Terms. Failure to provide accurate information may prevent the Service from operating correctly, and we may not be able to contact you with important notices.
The Service is not intended for use by individuals under the age of 16. By registering an Account, you represent and warrant to us that you meet this age requirement. All users who are minors in their jurisdiction (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, your parent or guardian must read and agree to these Terms on your behalf before you use the Service.
We reserve the right to suspend or terminate your Account, or your access to the Service, with or without notice to you, in the event that you breach these Terms.
You are responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
6. Terms of Service
You acknowledge that all text, images, marks, logos, compilations (meaning the collection, arrangement, and assembly of information), data, other content, software, and materials displayed on the Service or used by us to operate the Service (including the App and the Content, excluding any User Content as defined below) are proprietary to us or to third parties.
We expressly reserve all rights, including all intellectual property rights, in all of the foregoing, and except as expressly permitted by these Terms, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation, or other exploitation of them is strictly prohibited. The provision of the Service does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights.
The information you submit to us as part of your registration, and any data, text, and other material that you may submit or post to the App (“User Content”), remain your intellectual property, and we do not claim any ownership of the copyright or other proprietary rights in such registration information and User Content.
You grant us the non-exclusive, worldwide, transferable, perpetual, irrevocable right to publish, distribute, publicly display, and perform the User Content in connection with the Service.
Subject to these Terms, we grant you a non-transferable, non-exclusive license (without the right to sublicense) to (i) use the Service solely for your personal, non-commercial purposes, and (ii) install and use the App solely on your own handheld mobile device (e.g., iPhone, Android, etc.) and solely for your personal, non-commercial purposes.
You agree, represent, and warrant that your use of the Service, or any portion thereof, will be consistent with the foregoing license, covenants, and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations, and ordinances relating to the Service or your use of it, and you will be solely responsible for your own individual violations of any such laws.
Your access to and use of the Service is at your own risk. We will have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party, including, without limitation, any bodily harm, that results from your access to or use of the Service, or reliance on any information or advice.
We have no obligation to provide you with customer support of any kind. However, we may provide you with customer support from time to time, at our sole discretion.
7. App Stores, Third Party Ads, Other Users
You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App, such as the Apple App Store or other app stores (collectively, “App Stores” and each, an “App Store”).
You agree to pay all fees charged by the App Stores in connection with the App. Your license to use the App is conditioned upon your compliance with all applicable agreements, terms of use/service, and other policies of the App Stores. You acknowledge that the App Stores (and their subsidiaries) are third-party beneficiaries of these Terms and have the right to enforce these Terms.
The Service may contain links to third-party websites or resources and advertisements for third parties (collectively, “Third Party Ads”). Such Third Party Ads are not under our control, and we are not responsible for any Third Party Ads. We provide these Third Party Ads only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Ads. Advertisements and other information provided by Third Party Ads may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. When you link to a third-party site, the applicable service provider’s terms and policies, including privacy and data gathering practices, govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with Third Party Ads found on or through the App, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.
Each user of the Service is solely responsible for any and all User Content they provide. Because we do not control the User Content, you acknowledge and agree that we are not responsible for any User Content and make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. We assume no responsibility for any User Content. Your interactions with other Service users are solely between you and such users. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.
You hereby release us, our officers, employees, agents, and successors from claims, demands, any and all losses, damages, rights, claims, and actions of any kind, including personal injuries, death, and property damage, that are either directly or indirectly related to or arise from any interactions with or conduct of any App Store, any other Service users, or any Third Party Ads.
8. Subscription, Fees, and Payment
Certain features of the Service may be offered on a subscription basis for a fee. You may purchase a subscription through an App Store either by (1) paying a subscription fee in advance on a recurring interval disclosed to you prior to your purchase; or (2) pre-payment, giving you access to the Service for a specific time period (together or separately, a “Purchase”).
To the maximum extent permitted by applicable laws, we reserve the right to change Purchase fees at any time. We will provide you with reasonable notice of any such pricing changes by posting the new prices on or through the App and/or by sending you an email notification or by other prominent means. If you do not wish to pay the new fees, you may cancel the applicable subscription prior to the change going into effect and/or abstain from pre-paying for access to the Service.
You authorize us and the App Stores to charge the applicable fees to the payment card that you submit.
By signing up for certain subscriptions, you agree that your subscription may be automatically renewed. Unless you cancel your subscription, you authorize us and the App Stores to charge you for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you on the Service. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal. You must cancel your subscription in accordance with the cancellation procedures disclosed to you for the particular subscription. We will not refund fees that may have accrued to your account and will not prorate fees for a canceled subscription.
We may offer a trial subscription for the Service. A trial provides you access to the Service for a period of time, with details specified when you sign up for the offer. Unless you cancel before the end of the free trial, or unless otherwise stated, your access to the Service will automatically continue and you will be billed the applicable fees for the Service. It is ultimately your responsibility to know when the free trial will end. We reserve the right, in our absolute discretion, to modify or terminate any free trial offer, your access to the Service during the free trial, or any of these terms without notice and with no liability. We also reserve the right to limit your ability to take advantage of multiple free trials.
The Service and your rights to use it expire at the end of the paid period of your subscription. If you do not pay the fees or charges due, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Service (and may do so without notice).
Subscriptions purchased via an App Store are subject to the App Store’s refund policies. This means we cannot grant refunds. You will have to contact the App Store support.
You agree that the Purchase is final, that we will not refund any transaction once it has been made, and that the Purchase cannot be canceled. When you make the Purchase, you acknowledge and agree that all Purchases are non-refundable and non-exchangeable.
We may provide refunds at our own discretion and subject to our policies that may be published from time to time.
We may post clear and conspicuous subscription terms from time to time on our websites and within the Apps.
9. User Representations and Restrictions
By using the Service, you represent and warrant that:
1. You have the legal capacity and agree to comply with these Terms;
2. You are not under the age of 16;
3. You will not access the Service through automated or non-human means, whether through a bot, script, or otherwise;
4. You will not use the Service for any illegal or unauthorized purpose;
5. You are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country;
6. You are not listed on any U.S. government list of prohibited or restricted parties; and
7. Your use of the Service will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Service (or any portion thereof).
You may not access or use the Service for any purpose other than that for which we make the Service available. The Service 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 Service, you agree not to:
1. Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
2. Make any unauthorized use of the Service;
3. Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Service;
4. Use the Service for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
5. Make the Service available over a network or other environment permitting access or use by multiple devices or users at the same time;
6. Use the Service for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Service;
7. Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Service;
8. Circumvent, disable, or otherwise interfere with security-related features of the Service;
9. Engage in unauthorized framing of or linking to the Service;
10. Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service;
11. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service;
12. Attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service;
13. Upload or distribute in any way files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
14. Use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software;
15. Use the Service to send automated queries to any website or to send any unsolicited commercial e-mail;
16. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service;
17. Use the Service in a manner inconsistent with any applicable laws or regulations; or
18. Otherwise infringe these Terms.
Violations of these prohibitions may result in the suspension or termination of your account and may involve legal action.
10. Termination and Suspension
We reserve the right to suspend or terminate user accounts for violations of these terms and conditions or other misconduct. Users will be notified of the suspension or termination via email. If you believe your account was suspended or terminated in error, you may contact our support team to appeal the decision. All decisions by Salmo regarding account status are final and binding.
11. Disclaimers and Limitations of Liability
Salmo disclaims liability for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of the services, except as required by law. This includes, but is not limited to, damages for loss of profits, goodwill, data, or other intangible losses.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OR ANY OF OUR RESPECTIVE LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICE (INCLUDING THE APP OR CONTENT), OR THIRD-PARTY ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR ACCESS TO AND USE OF THE SERVICE (INCLUDING THE APP, CONTENT, AND USER CONTENT), AND THIRD-PARTY ADS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE APP, CONTENT, OR SERVICE SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO US FOR ACCESS TO AND USE OF THE SERVICE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Cyprus, without regard to its conflict of laws principles.
In the event of any dispute between you and us, where you are acting as a consumer, you may refer the matter to the Cyprus Consumer Center for Alternative Dispute Resolution. More details can be found at https://adrcyprus.com/en/.
Additionally, both you and we agree to resolve any dispute through arbitration on an individual basis only, and not as a plaintiff or class member in any purported class, collective, representative, or private attorney general proceeding. There shall be no right or authority for any dispute to be arbitrated on a class, collective, or representative basis or on behalf of others.
13. Contact Information
If you wish to provide any notice under these Terms or have any inquiries regarding the Service, please contact us at: [email protected].
Last Updated: 01.06.24