Carbie Terms and Conditions

 

1. Introduction

Welcome to Carbie ("we," "our," or "us"). By accessing or using our mobile application (the "App") and website (the "Site"), you agree to comply with and be bound by these Terms and Conditions ("Terms"). If you do not agree with these Terms, please do not use our services. These Terms govern your use of Carbie's services, and we encourage you to read them carefully.

 

2. Eligibility

By using our App and Site, you represent that you are at least 18 years old, or the age of majority in your jurisdiction, and are legally capable of entering into binding agreements. Our services are not intended for individuals under the age of 13. If you are under the age of 18, you must obtain permission from your parent or legal guardian before using our services.

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3. Account Registration

To use certain features of the App, you may be required to register for an account. You agree to provide accurate and complete information during registration and keep your account information up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. If you suspect any unauthorized use of your account, you must notify us immediately at alex@carbie.co.

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4. Account Deletion

If you wish to delete your Carbie account, you may submit a request through the "Contact Us to ask a question, request support, or manage your account" form available at https://www.carbie.co/#contact. Upon receipt of your request, we will process the account deletion within 5 business days. Please note that account deletion is irreversible and will result in the permanent removal of your data from our systems, except where retention is required by law or for legitimate business purposes.

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5. Use of Services

You agree to use the App and Site only for lawful purposes and in compliance with all applicable laws and regulations. You may not use our services to engage in any harmful, fraudulent, or unlawful activity, or to infringe on the rights of others. Prohibited activities include, but are not limited to:

• Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

• Interfering with or disrupting the operation of the App, Site, or servers or networks connected to the services.

• Engaging in any activity that imposes an unreasonable or disproportionately large load on our infrastructure.

• Attempting to gain unauthorized access to any portion of the App, Site, or other users' accounts.

 

6. License Grant

We grant you a limited, non-exclusive, non-transferable license to use the App and Site for your personal, non-commercial use. You may not copy, modify, distribute, sell, or lease any part of our services without our prior written consent. Any unauthorized use of our services may result in the termination of the license granted to you.

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7. Payment and Subscriptions

Certain features of the App may be offered on a subscription basis. By purchasing a subscription, you agree to pay the fees specified and authorize us to charge your payment method on a recurring basis. Subscription fees are non-refundable, except as required by law. We reserve the right to change our subscription fees at any time, and we will provide notice of such changes. If you do not agree to the new fees, you may cancel your subscription before the changes take effect.

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8. Health Disclaimer

Carbie provides tools to assist with carbohydrate counting and diabetes management. However, the information provided by the App is for informational purposes only and is not intended as a substitute for professional medical advice, diagnosis, or treatment. Always consult with a healthcare professional before making changes to your diet or treatment plan. You acknowledge that your use of the App is at your own risk, and Carbie is not responsible for any health-related outcomes resulting from your use of the App.

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9. User-Generated Content

You may have the ability to create, upload, or share content ("User Content") through our services. You retain ownership of your User Content but grant us a worldwide, non-exclusive, royalty-free license to use, display, and distribute your User Content for the purposes of operating and improving our services. You agree not to upload or share any content that is unlawful, defamatory, or infringes on the rights of others. We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable at our sole discretion.

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10. Intellectual Property

All content, trademarks, logos, and other intellectual property on the App and Site are the property of Carbie or its licensors. You may not use any of our intellectual property without our prior written permission, except as permitted under these Terms. Unauthorized use of our intellectual property may result in legal action.

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11. Limitation of Liability

To the fullest extent permitted by law, Carbie's liability to you for any claims arising out of or relating to your use of the App or Site shall be limited to the lesser of: (i) the total amount paid by you to Carbie in the preceding twelve (12) months, or (ii) $250 USD. We will not be liable for any indirect, incidental, consequential, or punitive damages, even if we have been advised of the possibility of such damages. This limitation of liability applies to all claims, including but not limited to claims for breach of contract, negligence, and strict liability.

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12. Dispute Resolution

In the event of a dispute between you and Carbie, we encourage you to first contact us directly to seek an informal resolution. If we are unable to resolve the dispute through informal negotiations, any claims arising out of or relating to these Terms shall be settled through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in [your state], and each party shall bear its own costs. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

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13. Termination

We may terminate or suspend your access to our services at any time, without notice, if we believe you have violated these Terms or are otherwise engaged in unlawful conduct. Upon termination, you must cease all use of the App and Site and delete any copies of the App from your devices. Termination does not limit our right to pursue other remedies available to us under applicable law.

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14. Changes to These Terms

We may update these Terms from time to time to reflect changes in our practices, legal obligations, or the functionality of our services. We will notify you of any material changes by posting the updated Terms on our Site and updating the "Last Updated" date. Your continued use of the App or Site after any changes constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using our services.

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15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of the State of Florida.

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16. Indemnification

You agree to indemnify, defend, and hold harmless Carbie, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of the App and Site, your violation of these Terms, or your infringement of any third-party rights.

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17. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

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18. Waiver

No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Carbie to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

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19. Entire Agreement

These Terms constitute the entire agreement between you and Carbie regarding your use of the App and Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

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20. Contact Us

If you have any questions about these Terms, please contact us at:

Carbie
Email: alex@carbie.co
Address: 3001 NE 185th ST, Aventura, FL, 33180

Thank you for using Carbie. We are committed to providing you with the best experience possible.