These Terms constitute a legally binding contract made between You (“you,” “your,” “yours”) and Techolote Enterprises, LLC (“we,” “us,” “our,” “Techolote Enterprises”). These Terms govern your use of and access to the mobile applications (“App”) and our website “Site” provided by Techolote Enterprises, including any content, functionality, and services offered on or through them (the “Services”) as a guest or through a purchase.

You agree that by accessing our App and Site, you have read, understood and agreed to be bound by all of these Legal Terms.   If you do not agree to be bound by these Terms of Service, you are not permitted to use our Services.

You cannot accept these Terms if: (i) you are not lawfully entitled to use the App under any applicable laws in the country in which you are located or resident; or (ii) if you are not of legal age to form a binding agreement with Administration. It is your responsibility to ensure that you are legally allowed to enter into this Agreement and that you do not violate any applicable laws. 

Supplemental terms and conditions or documents that may be posted on the App or Site from time to time are hereby expressly incorporated herein by reference.  We reserve the right, in our sole discretion, to make changes or modification to these Legal Terms from time to time. We will alert you about any changes by updating the date, “Last Updated, and you waive the right to receive specific notice of each such change.  It is your responsibility to periodically review these Legal Terms to stay informed of updates.  You will be subject to, and will be deemed to have been made aware of and to have accepted, the changed Terms by your continued use of the Services after the date such revised Terms are posted.

For any questions about these Terms and Conditions, please contact us at https://www.techoloteenterprises.com/contact.  

Table of Contents

PART A OF TERMS OF SERVICE – GENERAL TERMS

1.0 CONCLUSION OF THE AGREEMENT 

2.0 OUR SERVICES AND PRODUCTS 

3.0 RIGHTS 

4.0 PROHIBITED USES

5.0 USE THE SERVICES AT YOUR OWN RISK AND RESPONSIBLY 

6.0 USER CONTRIBUTIONS 

7.0 TERMINATION

8.0 LINKS TO OTHER WEB SITES AND APPS

9.0 SERVICES CONTENT

10.0 HEALTH AND MEDICAL SERVICE DISCLAIMER

11.0 FOOD DATABASE AND DISCLAIMER

12.0 MOBILE APPLICATION LICENSE 

13.0 PRIVACY

14.0 CHANGES TO THE SERVICES

15.0 DISPUTE RESOLUTION/GOVERNING LAW

16.0 LINKING TO OUR SERVICES

17.0 CORRECTIONS

PART B – TERMS FOR PURCHASES 

1.0 PURCHASE/IN-APP PURCHASES/SUBSCRIPTIONS

PART A OF TERMS OF SERVICE – GENERAL TERMS

1.0 CONCLUSION OF THE AGREEMENT

1.1 By clicking the “Get”, “Buy”, “Install”, “Download” or similar button in the respective online store such as the Apple App Store, you agree to be bound and abide by these Terms and Conditions.

1.2 Do not use our Services if you do not agree to these Terms of Conditions.

1.3 You can only conclude an agreement with Techolote Enterprises if you are of legal age in your country of residence. 

2.0 OUR SERVICES AND PRODUCTS 

2.1 The scope and features of the Services are described in the respective Service descriptions located on the relevant Site or in the relevant Online Store, and may vary by operating system, device, region and version of the Services.

2.2 After the initial base purchase of the mobile app Service (“Purchase Service”) we may have optional purchases of additional specific Service (“In-App Service)”. The In-App Service will contain additional features, which are not included in the base mobile app Service.

2.3  The Services may comprise additional features in the future.  We may provide additional terms and conditions for these additional features.

2.4 If you remove and reinstall a Purchase Service on a new device, you may lose your purchase or mobile app content that you have received or purchased.

2.5 We reserve the right to discontinue products at any time for any reason. Prices for all products are subject to change. Any use for other purposes or particular misuse of the Services, Site, or App, is not permitted.

2.6 Fees for Purchase Services will be charged to your iTunes account or other platform account at confirmation of purchase. If you make a purchase by accident or want to refund your purchase associated with your Apple ID, please contact the Online Store provider within 24 hours after you place your purchase. This does not affect any statutory claims for refund.

2.7 We do not send invoices to users that purchase an In-app purchases. Your account balance information can be accessed by going to your account settings on the App Store after purchase. We, in our sole discretion and at any time, may modify, change In-app purchases prices with different versions of the application.

3.0 RIGHTS

3.1 We grant you a limited, non-exclusive, non-sublicensable, non-transferable right to access and user the Services for lawful purchases in accordance with these Terms and Conditions for the term and subject to the restrictions set out in the respective Service descriptions.  Please note that you may not be able to access and user the Services outside of the region where you purchased for certain Services, or you use or access may be limited.

3.2 The Services contain contents owned or licensed by Techolote Enterprises, including name, logo, text, images, icons and category images “Techolote Content”).  Techolote Contents is protected by copyright, trademark, patent, trade describe and other laws, and, as between you and Techolote Enterprises.  Techolote Enterprises owns and retains all rights to the Techolote Content and the Services.

3.3 You will not remove, alter, or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Techolote Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, rent, lease, sublicense or otherwise exploit Techolote Content without prior written permission of Techolote Enterprises. 

3.4 In addition, any other information, images, data or content found on or through this App (“Data”) is the property of Techolote Enterprises or used with permission given to Techolote Enterprises, including all patent rights, copyright, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence (“Intellectual Property”). You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Data or Intellectual Property, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us. You specifically agree not to access (or attempt to access) the App, Site, Services, User Content, Data or Intellectual Property through any automated means (including the use of any script, web crawler, robot, spider, or scraper), and that you will not forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to the App, Site, Services, User Content, Data or Intellectual Property. 

3.5 The App, Site, Services, Data, and other Intellectual Property objects displayed, distributed, or otherwise made available via the Site, App, and Services, is the property of Techolote Enterprises, and its successors, assigns, licensors, or suppliers. Unless specifically provided in these Terms or if you have agreed otherwise in writing with us, nothing in these Terms gives you a right to use the App, Site, Services, Data, User Content or Intellectual Property, and nothing in these Terms transfers or assigns any ownership rights.

4.0  PROHIBITED USES

4.1 You agree not to use or access any of the services for purposes other than the Services’ intended use.

4.2 You agree not to create, solicit, transmit or procure the sending of, any unwanted, unsolicited or harassing comments or communications.

4.3  You agree not to impersonate, attempt to impersonate, or falsely imply that you are associated with Techolote Enterprises, a Techolote Enterprises employee, Techolote Enterprise’s URL or domain name, another user or any other person or entity (including, without limitation, by using email address or usernames associated with any of the foregoing).

4.4 You agree not to circumvent or disable any content protection system or digital rights management Techolote Enterprises used with any Service; decompile, reverse engineer, disassemble or otherwise reduce any Services to human-readable form; remove identification, or other propriety notices; or access or use any Services in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands.

4.5 You agree not to disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

4.6 You agree not to make improper use of our support services or submit false reports of abuse or misconduct.

4.7 You agree not to engage in unauthorized framing or linking to the Services.

4.8 You agree not to attempt to impersonate another user or person.

4.9.  You agree not to use a buying agent or purchasing agent to make purchases on the Services.

4.10 You agree not to use the Services as part of any effort to compete with us or otherwise user the Services and/or the Content for revenue-generating endeavor or commercial enterprise.

5.0 USE THE SERVICES AT YOUR OWN RISK AND RESPONSIBLY

5.1 If you rely on the Techolote Enterprises services, you do so solely at your own risk. Use of the Services should not replace your good judgement and comment sense.

5.2 Our goal is to provide helpful and accurate information, but we make no endorsement, representation or warrant of any kind about the Techolote Content and Services. We are not responsible for the accuracy, reliability, availability, effectiveness or correct use of information you receive through the Service.

6.0 USER CONTRIBUTIONS

6.1. The Services may contain comment sections that allows users to submit data, text, files, information, images, graphics, links and other content or material.

6.2 With regard to your User Contributions you are responsible for your contributions complying with these Terms of Service. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Techolote Enterprises, have full responsibility for such User Contributions including their legality, reliability, accuracy and appropriateness.

6.3 User Contributions will be considered non-confidential and non-proprietary.

6.4. It is in Techolote Enterprises; sole discretion to share, reproduce, publish or post through the Services any User Contributions submitted by you or on your behalf, unless otherwise stated in the Service descriptions.

6.5 If you choose to send us content, information, ideas, suggestions or other materials, you agree that Techolote Enterprises is free to use any such content, information, ideas, suggestions or other materials for any purposes whatsoever, including, without limitation, developing, improving and marketing our Services, without any liability or payment of any kind to you.

6.6 Techolote Enterprises is not a backup service and you agree that you will not reply on the Services for the purposes of storing User Contributions.

7.0 TERMINATION

7.1 You may terminate this agreement at any time without giving a reason in writing or by email by deleting the Service on all your devices.

7.2 Upon termination, all licenses and other rights granted to you in these Terms of Service will immediately cease. You must not access the Site or Services. We specifically reserve the right to terminate these Terms if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of Techolote Enterprises or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. Upon the termination of these Terms, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

7.3 We are entitled to discontinue or to terminate the Services at any time.

8.0 LINKS TO OTHER WEB SITES AND APPS

8.1 If the Services contain links to other sites and resource provided by third parties, these links are provided for your convenience only. Such Third-Party Platforms and contents are not under the control of Techolote Enterprises, and we are not responsible for the content of any such Third-Party Platforms or any link contained in such Third Party-Platform.

8.2 The inclusion of such links does not imply a recommendation or endorsement by us of any such Third-Party Platform or the products or services or information offered therein.

8.3 If you decide to access any Third-Party Platform, you do so entirely at your own risk and subject to any terms or conditions issued by that Third-Party Platform.

9.0 SERVICES CONTENT

9.1 We may update the content or capability of our Services from time to time, but they will not necessarily be complete or up-to-date. Any of the material in the Services may be out of date at any given time, and we are under no obligation to update such material. Although it is Techolote intentions for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation for scheduled maintenance or updates or due to failure of telecommunications links and/or equipment.

9.2 Techolote reserves the right to remove or modify any content, feature or functionality thereof for any reason, at any time, without prior notice, Content and services removed from the Services may continue to be stored by Techolote, including, without limitation, to comply with certain legal obligations, but may not be retrievable without a valid court order.

10.0 HEALTH AND MEDICAL SERVICE DISCLAIMER

10.1 We do not provide professional medical services or advice. The Techolote Services do not contain or constitute and should not be interpreted as, medical advice or opinion. No doctor-patient relationship is created.

10.2 The information contained on this Site are for informational purposes only and do not constitute medical services or advice. It is not intended to be a substitute for professional medical advice.  No statements are to be regarded as specific claims to prevent, diagnose, mitigate, treat, correct, or cure any disease or condition. 

10.3 You acknowledge the inherent risk of engaging in nutrition modifications. Full medical clearance from a licensed physician should be obtained before beginning or modifying any diet, exercise, or lifestyle program; and physicians should be informed of all nutritional changes. Any information obtained may be used solely at your own risk.

10.4 Statements within this Site have not been evaluated or approved by the Food and Drug Administration.  The writer(s) and publisher(s) and developers(s) of these Services are not responsible for adverse reactions, effects, or consequences resulting from the use of any recipe, specific food or suggestion herein or procedures undertaken hereafter.  Developments in medical research may impact health, fitness and nutritional advice.

10.5 No assurance can be given that the information contained in these materials will always include the most recent findings or developments with respect to the particular material.

10.6 Through this Site and linkages to other sites, the Techolote Enterprises (TE) provides general information for educational purposes only.

10.7 No content on this Site is tailored to the specific needs of any individual, entity or group of individuals.

10.8 Techolote Enterprises does not recommend or endorse any opinions or other information that may be provided on the linked websites.  Techolote Enterprises disclaims any liability or warranties of any kind arising directly or indirectly from use of this Site.

11.0 FOOD DATABASE AND DISCLAIMER

As part of the Services, Techolote Enterprises maintains a food database that consists of various of United States Department of Agriculture nutritional information and nutritional level information from the United States Food and Drug Administration.

11.1 Techolote Enterprises does not guarantee or accept responsibility for the completeness, accuracy, reliability, or effectiveness of any nutritional information in the Food Database. Under no circumstance will Techolote Enterprises be responsible for any loss or damage resulting from your reliance on the Food Database.

11.2 You are solely responsible for ensuring that any nutritional information you find in the Food Database is accurate, complete and useful to you.

12.0 MOBILE APPLICATION LICENSE

If you download a Service through an Online Store, you will be asked to agree and adhere to the relevant Online Store terms, which include Apple EULA which will also apply in addition to these Terms of Service. You should read these Online Store terms carefully.

13.0 PRIVACY

13.1 Our privacy policy is available at https://www.techoloteenterprises.com/privacy.  We do not share your data.

13.2 This Privacy Policy will be updated at dates in the future to be determined by Techolote Enterprises. We will notify you of any changes by posting the new Privacy Policy on this page. Techolote Enterprises recommends that you consult this Privacy Policy periodically for any changes.

13.3 Users using our Services are consenting to our use of your information as described in this Privacy Policy now and as revised in the future by Techolote Enterprises. If you do not agree to the terms of this Privacy Policy, please do not use the Services.

14.0 CHANGES TO THE SERVICES

14.1 We may amend these Terms of Service at any time. You agree to check this Site regularly to be informed of any updates to these Terms of Service.

14.2 Techolote Enterprises is entitled to reasonably add new features to the Services, change Services or discontinue parts of the Services to (i) develop, improve or extend the Services, (ii) follow technological developments and keep the Services up to date, or (iii) to keep our Services economically viable in case of a Service no longer being used by many of our users or substantially increased costs (“Change”). In case you disagree to a Change you have the right to terminate the agreement at any time in accordance with section 7 of Part A of the Terms of Service.

15.0 DISPUTE RESOLUTION/GOVERNING LAW

15.1 These Terms of Service shall be governed and construed in accordance with the laws of the State of Colorado without regard to its conflicts of law provisions.

15.2 Any and all claims, disputes and causes of action arising out of, relating to, or resulting from these Terms of Service, our website, mobile application, Accounts or the Products and Service, and except for those matters are to be settled by binding arbitration in Colorado and pursuant to the American Arbitration Association (AAA) rules for commercial disputes. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by a single arbitrator experienced in the software services industry and shall include a written record of the arbitration hearing. You and Techolote Enterprises both reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.

15.3 Any claim or cause of action you or may have arising out of, relating to, or resulting from these Terms of Service, our Site, Services, or Account must be commenced within one year after the cause of action accrues. Otherwise, such claim or cause of action is waived and permanently barred.

15.4 Any waiver made by us regarding these Terms of Service shall be effective only if agreed or declared in writing. If we fail at any time to enforce any right, power or remedy reserved to us under these Terms of Service, such failure shall not be treated as a waiver of our right to exercise the same or any other right, power or remedy at any time. The rights and remedies herein provided are cumulative and not exclusive of any other rights and remedies provided by law.

16.0 LINKING TO OUR SERVICES

16.1 You can link to our Site homepage, provide you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

17.0 CORRECTIONS

There may be information on the Service that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

PART B – TERMS FOR PURCHASES

1.0 PURCHASE/IN-APP PURCHASES/SUBSCRIPTIONS

1.1 Techolote Enterprises may offer certain Services that are subject to a fee. These fees can be one-time fees to be paid prior to purchase (“Purchase Services”) or one-time add on fees selected by the user (“In-App Services”) or reoccurring fees (“Subscription Services”)

1.2 If you buy Purchase Services or In-App Services or obtain Subscription Services, then the Apple Media Services Terms and Conditions/EULA will apply (the “Apple” and “Apple Terms” respectively). You acknowledge that any billing and transactions are handled by Apple pursuant to the Apple Terms. You should contact the Apple directly if you have any payment related issues with Purchase or In-App or Subscription Services.  If you wish to request a refund, you may do so by contacting Apple directly.