Terms of Use

These terms ("the Terms") apply to your use of the Nitamen app ("the app"). The app is built by Oz Yahav, Israel ("we"). What happens to your data is explained in our Privacy Policy, which is a separate document. If you don't agree to the Terms, please don't use the app.

1. License

We grant you a personal, limited, non-exclusive, non-transferable and revocable license to use the app for private purposes.

You may not copy, modify, reverse-engineer, rent, sell or distribute the app, except where the law expressly allows it.

2. Health, nutrition and training: important

• Only a logging tool: the app helps you log and follow a plan you choose. It does not give medical, nutritional or professional advice, and it doesn't replace a doctor, a dietitian or a certified coach.
• Plans you load: whoever wrote a plan is responsible for its content. We don't review it.
• Before you start: talk to a doctor before making major changes to your diet or starting to train, especially if you have a medical condition, are pregnant or have an injury.
• While you train: use care and correct technique, and stop immediately if you feel pain, dizziness or shortness of breath.
• Estimates only: figures such as calories, body fat and charts are estimates and may be inaccurate.

3. Your data

All your data is stored on your device, not with us, so we can't recover it for you. We recommend keeping your device backup (iCloud or computer) turned on.

4. Intellectual property

• The app: the app, its design and software belong to Oz Yahav and are protected by copyright.
• Your content: what you enter belongs to you.

5. Liability

• As it is: the app is provided as it is, without any express or implied warranty, including fitness for a particular purpose.
• Indirect damage: to the maximum extent the law allows, we are not liable for indirect or consequential damage, including loss of data or damage from relying on information in the app.
• Cap: in any case, our total liability is limited to the amount you paid for the app.
• What is not limited: nothing in this section excludes liability for bodily injury, for damage caused intentionally or through gross negligence, or for any liability that cannot be limited by law.

6. Governing law and jurisdiction

• Law: these Terms are governed by the laws of the State of Israel.
• Jurisdiction: disputes will be heard by the competent courts in Israel. This doesn't take away any right the law gives you to bring a claim elsewhere.

7. Apple App Store terms

• Apple is not a party: these Terms are between you and Oz Yahav only, not Apple. Apple is not responsible for the app or its content.
• Standard EULA: the license is also granted under Apple's Licensed Application End User License Agreement (Standard EULA). These Terms supplement it, and if they conflict, the provisions that protect you more will apply.
• License scope: limited to non-transferable use on Apple devices you own or control, as permitted by the App Store usage rules.
• Support and maintenance: Apple has no obligation to provide any. Support is our responsibility alone.
• Warranty: if the app fails to meet any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any. To the maximum extent the law allows, Apple has no other warranty obligation for the app.
• Claims: we, not Apple, are responsible for any claims relating to the app. That includes product liability, legal or regulatory compliance and consumer protection.
• Third-party intellectual property: we, not Apple, are responsible for handling any claim that the app infringes a third party's intellectual property.
• Export restrictions: you confirm that you are not in a country under a U.S. government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. government list of prohibited or restricted parties.
• Apple as beneficiary: Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them.

8. Changes to these Terms

• Every version is published at this address with its effective date, and previous versions are kept in the archive.
• Material changes: we'll tell you about them in advance, in the app.
• If you don't agree to a change, you can stop using the app.

9. Contact

Nitamen, Oz Yahav, Israel. For questions and support: support@abracodeabra.org