Interpretation & Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
- Country refers to: Netherlands.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Pick Up Limes B.V..
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Website (also referred to as Site) refers to Pick Up Limes' website, accessible from http://www.pickuplimes.com
- Application (also referred to as App) refers to Pick Up Limes mobile app, accessible from the Apple App store and Google Play Store.
- Subscription is the access granted to the Pick Up Limes mobile app for a specific period.
- Service refers to the Website and or App.
- Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator and Terms of Use Generator
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- You (also referred to as "User") means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
- User Account a unique account created for You to access the App.
- Social Login refers to the sign-on technology provided by Apple or Google that allows a User to authenticate themselves on the App.
- User Content means any and all information and content that a user submits to the Service.
- Materials refers to works produced by Us, such as text, images, recipes, articles, and other information.
- Gift Card is a prepaid card issued by Pick Up Limes that can be redeemed for subscription access to the Pick Up Limes mobile app for a specified duration.
- Payment Processor refers to any third-party service used by the Company to process payments for subscriptions, including the Apple App Store, Google Play Store, and Stripe.
- Stripe refers to the third-party payment service provider we use to process payments made through our website.
Using the Service
These Terms and Conditions govern the use of our Service and the agreement between you and the Company. They set out your rights and obligations when using the Service. By accessing or using the Service, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you are not allowed to use the Service. You must be over 18 years old to use the Service. The Company does not allow those under 18 to use the Service. Your use of the Service is also subject to our Privacy Policy. Our Privacy Policy explains our policies and procedures for collecting, using, and disclosing your personal information when you use the Service. It also explains your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Service.
The use of the Service may not be permitted in some areas where it is prohibited by law. By using the Application, you confirm that you have the right, authority, and ability to agree to and follow these terms, and that you are not prohibited from using the Service. You understand that using the Application may involve transmitting a large amount of data. You are responsible for any data charges that may be assessed by your wireless carrier or Internet service provider, or that may result from your use of the Application.
Restrictions
The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; (c) you shall not access the Service in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Service shall be subject to these Terms. All copyright and other proprietary notices on the Service must be retained on all copies thereof; (e) you may not use the Service for any illegal or unauthorized purpose, and you may not, in your use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws); (f) you may not engage in any activity that interferes with or disrupts the Service or the servers and networks that host the Service; (g) you may not use the Service to distribute malware or other harmful code; (h) you may not use the Service to collect or harvest any personally identifiable information, including account names, from the Service. You may not use the Service to solicit personal information from other users of the Service; You agree that Company will have no obligation to provide you with any support in connection with the Service. (i) Use of any data from the Service for training machine learning models or AI systems is strictly prohibited without prior written consent from the Company.
The ways in which you can use the App and Documentation may also be controlled by the rules and policies of the App store through which you downloaded the app e.g. Apple App Store and Google Play. The Apple App Store and Google Play’s rules and policies will apply instead of these terms where there are differences between the two.
Affiliate links disclosure
Various hyperlinks on the Service direct the user to a Third Party website. We may receive compensation for this. Specifically, as an Amazon Associate, and InstaCart Tastemaker, we earn from qualifying purchases, but the compensation will never influence our content. Honesty to our users is of the utmost importance. We therefore include links to the Third-Party services only if we believe their services are valuable to our users, and if we genuinely recommend them.
Nutritional information disclosure
The Website and Application occasionally provide nutritional information. This information is provided for purely recreational purposes and is not intended to replace any medical advice, nor is it necessarily accurate. We estimate the nutritional information based on the displayed ingredients, which we have linked to entries in the USDA database, and we occasionally modify the nutritional properties of these entries if our team of professionals deems this appropriate. The resulting nutrition information is inherently an estimate, as ingredients can always vary in shape and size, and nutrient amounts also vary depending on the growing conditions of the plants, soil quality, ripeness, and other factors. If you need accurate nutritional information, please calculate this yourself using the actual ingredients used, or consult a dietitian or medical professional to do this for you. The Application also provides a barcode scanning feature that imports nutritional information from the Open Food Facts (OFF) database based on the barcode. This information may be incorrect or incomplete, and we shall not be held liable for any inaccuracies or errors in the information provided by this third-party database. Users acknowledge that the use of this feature is at their own risk and is governed by the OFF terms of use.
Medical information disclosure
The Application is designed to provide a convenient platform for you to access nutrition information and gain confidence in making plant-based food choices. The Application is not intended to provide medical advice and should not be used to address any medical conditions. The Application and any data derived from it are not intended to replace the independent clinical judgment of a qualified healthcare professional and should not be used by healthcare professionals for active patient monitoring or treatment. By using the Application, you agree that Pick Up Limes will not be held liable for your use of the Materials in the Application.
User Accounts
You automatically create an account with Us when you log into the App using by Social Login, or when you use your email to login using a one-time-login link. You are responsible for safeguarding Your access to the Social Login service or the email account that You use to access the Service. When Social Login is used, the email associated with that service will be link to Your account with Us, as well as the display name related to that Social Login account. When you login using the email link, you can set a personal user name in the account settings. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You agree not to create a User Account on behalf of an individual other than Yourself unless You are authorized to bind such person to these Terms. By registering another person, You hereby represent that You are authorized to do soon.
Subscription
The Application requires a paid subscription. Subscriptions can be purchased through the Apple App Store, Google Play Store, or via our website using Stripe. Subscriptions purchased through the Apple App Store and Google Play Store are governed by the respective platform's terms of use: Apple's terms of use for subscriptions made through the App Store, and Google Play Store Terms of Service for subscriptions made through Google Play. Subscriptions purchased through our website are governed by these Terms and Conditions.
Payments for subscriptions purchased through our website are processed securely through Stripe. By providing your payment information, you agree to Stripe's terms of service and privacy policy. We do not store your full payment information on our servers.
All subscriptions will be automatically renewed unless you choose to cancel your subscription. You can manage your subscription and turn off automatic renewal in your Apple ID, Google account settings, or through your account on our website if you purchased the subscription via our website. If you cancel your subscription, it will remain active until the end of the current billing period. Unfortunately, we are not able to offer prorated refunds at this time.
We reserve the right to modify or terminate subscriptions at any time without notice. If you purchase Subscription Services, you understand that your subscription is personal to you and the members of your household, and you may not transfer or make available your User Account and password to others. Any distribution by you of your account name and password may result in cancellation of your subscription without a refund.
Promotions & Offers
Unless stated otherwise in offer terms, promotional offers are only for new customers who have not previously enjoyed a subscription. At the end of the promotional period, the platform will automatically charge the designated payment method at the current subscription rate plus applicable taxes. This will continue on a recurring basis unless the subscription is cancelled.
Free trial
We offer a free trial of our subscription service to new users. The duration of the free trial is specified at the time of sign-up. At the end of the free trial period, you will be automatically billed for the subscription plan you selected unless you cancel before the trial ends.
For subscriptions purchased through our website using Stripe:
- If you change your subscription plan during the free trial period, the free trial will end immediately, and you will be billed for the new plan selected.
- Eligibility for the free trial through Stripe is limited to users who have not previously been subscribed.
The terms and conditions of free trials offered through the Apple App Store and Google Play Store are governed by their respective terms of use. Please refer to Apple's and Google's policies for details regarding free trials on those platforms.
Gift Cards
Gift Cards constitute pre-paid subscriptions to access The Application and can be purchased on the Website. Gift Cards may be offered in various denominations, including but not limited to 6-month and 1-year, as indicated on the Gift Card. Gift Cards are redeemable solely for subscription access to the Pick Up Limes mobile app for the specified duration indicated on the Gift Card. Gift Cards cannot be used for in-app purchases or any other products or services. To redeem a Gift Card, follow the instructions provided with the Gift Card or visit this page and use the unique code to subscribe. Redemption requires a Pick Up Limes account. If you do not have an account, you will need to create one to use the Gift Card. Gift Cards are active upon purchase and can be redeemed at any time. Gift Cards do not expire and are free from any maintenance or dormancy fees, except where permitted by law. Once redeemed, access to the mobile app will be for the duration specified (e.g., 6 months, 1 year). Each Gift Card is valid for a single redemption only and cannot be used more than once. Gift Cards are not redeemable for cash and cannot be returned for a cash refund, except as required by applicable law. Once a Gift Card has been redeemed, the Subscription may not be transferred or assigned to another person or account. Gift Cards cannot be reloaded or resold, and any Gift Card that has been resold is subject to invalidation at Pick Up Limes' sole discretion. Once redeemed, the subscription cannot be canceled for a refund of the remaining period, except as required by applicable law. Pick Up Limes is not responsible for lost, stolen, damaged, or unauthorized use of Gift Cards. Lost or stolen Gift Cards will not be replaced, except where required by applicable law and upon presentation of satisfactory proof of purchase.
User Content
Our Service allows You to post User Content. By posting User Content to the Service, you grant us the right to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through the Service. You represent and warrant that you either own the content or have the right to use it and grant us the rights and license as provided in these terms, and that doing so does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person. You retain any rights you have to the User Content you submit and are responsible for protecting those rights. You also agree that this license allows us to make your content available to other users of the Service, who may use it in accordance with these terms.
You are exclusively responsible for the User Content you post, including ensuring that it is legal, reliable, and appropriate. You bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy, described below. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability. Company is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy
The following terms constitute our “Acceptable Use Policy”: You agree not to use the Service to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Service any software intended to damage or alter a computer system or data; (ii) send through the Service unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Service to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Service, whether through password mining or any other means; (vi) harass or interfere with any other user's use and enjoyment of the Service; or (vi) use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to the Service.
We reserve the right to remove or refuse any content that we determine, in our sole discretion, is inappropriate or in violation of these terms. We may also limit or revoke your use of the Service if you post such content. We cannot control all content posted by users, so you use the Service at your own risk. You may be exposed to content that you find offensive, indecent, or otherwise objectionable, and we are not liable for any such content.
User Content Backups
While we regularly back up the content on the Service, we do not guarantee that there will be no loss or corruption of data. This can be caused by a variety of factors, including corruption of content prior to being backed up or changes to content during the backup process. We will provide support and attempt to troubleshoot any issues that may affect the integrity of the backups, but we cannot be held liable for the loss or corruption of content or the failure to restore it to a usable state. To protect your content, you agree to maintain your own complete and accurate copy of it in a location independent of the Service.
Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws in the country and abroad. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent. Note that these Terms and access to the Service do not give you any rights, title or interest in or to any intellectual property rights.
Changes to the Application
The Application is subject to change and we may require you to update the App in order to continue using it. If you choose not to install updates or opt out of automatic updates, you may not be able to use the Application.
Termination of Service
We may terminate or suspend Your access and or User Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.
Feedback
By providing feedback to the Company, you assign us all rights, titles, and interests in that feedback. If for any reason this assignment is not effective, you agree to grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and exploit such Feedback without restriction.
Third Party Resources
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 50 USD if You haven't purchased anything through the Service. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third- party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Dispute Resolution
If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
Indemnification
You agree to indemnify and hold Company and its officers, employees, and agents harmless, including costs and attorneys' fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Service, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
"As Is" & "As Available"
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects. Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Changes to Terms
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.
Contact
You can contact us for general inquiries at [email protected]. Due to the number of emails we receive, we cannot offer personalized nutrition or lifestyle responses via email. Apologies in advance if the personal questions you ask go unanswered. For collaboration and partner propositions you can contact us at [email protected].
These Terms were last edited on the 15th of November 2024.
With love and gratitude, always,
Pick Up Limes