Please read these Terms of Use carefully before using the mobile application MyFoodRepo, the website https://v2.myfoodrepo.org and its application programming interface.
In these Terms of Use:
- "We" or "us" or "our" refer to École Polytechnique Fédérale de Lausanne, Bâtiment CE - 3.316 Station 1, CH - 1015 Lausanne, Switzerland;
- "You" or "your" refer to any user or visitor of the App and Website;
- The "Website" refer to the MyFoodRepo website located on https://v2.myfoodrepo.org as well as all content and Services provided;
- The "App" refers to the smartphone application called MyFoodRepo;
- The "API" refers to the application programming interface;
- The "Services" refer the applications, software and services provided by us through the App, the Website and the API;
- "Pictures" refers to any images and photographs;
- "Your Pictures" refers to Pictures that you upload on the Website or the App;
- "Terms of Use" or "Terms" refer to the present document and any documents referred herein.
Purpose of the App
The App enables people to track their food consumption based on meal photos, barcodes of the products consumed or text description of dishes. The pictures analysis is facilitated by automatic recognition algorithms.
Acceptance of Terms - Minors
Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. So, before using the Services, you need to click/tap on the box "I agree with the Terms of Use". If You disagree with any part of the Terms then do not access the Services. You cannot use the Services if you are under the age of 13 years old. Depending on you State of residency, a parental consent is required for children (between 13 and 16 years old). In such case, you can only use the Services with the consent of your parent. If a child has provided us with personal data without the consent of a parent, we ask the parent to contact us. We will use all reasonable efforts to promptly delete the minor's personal data.
Links to Other Web Sites
The Services may contain links to third-party web sites or services that are not owned or controlled by us. We have 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 we 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 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.
Your Personal Data
We will use your personal data you provide us for providing the Services and for research purposes as described in the Privacy policy available at https://v2.myfoodrepo.org/privacy and in compliance with applicable laws and regulations.
User Responsibility for Account Security
You are responsible for keeping your account secure. In particular you shall not disclose to others your account identification and password and shall protect that information from access by others.
Intellectual Property on the App and the Website
We reserve all rights including without limitation all copyrights on the App, the Website and the Services including on the "MyFoodRepo" and "FoodRepo" name and logos and all rights on all our trademarks. You may not duplicate, copy, or reuse any portion of the App and/or the Website without our express written permission.
Your Responsibilities Regarding Your Pictures
You hereby warrant that your Pictures will be free of any third party's right and free of any personal data (including any of your personal data). So, when creating your Pictures (including the food images you take with the App), you shall make sure to take pictures, photos or videos of food only, with the exclusion of :
- any personal data; personal data includes the image of any person or part of any person (including their faces, and any other parts of their bodies, clothes or other features, which may identify a person)
- any trademark, copyright or other Intellectual Property right, except for the rights you are providing us under a license as described below,
- any illegal, offensive or inappropriate content, including but not limited to any content representing violence, nudity, product placement, advertisement or simply not related to the Services.
We reserve the right to remove any and all your pictures that we deem inappropriate, without limiting your duty to only upload Pictures as defined in this Section.
Should you be aware of Pictures in violation of the Terms of Use, please contact us.
Your Responsibilities for Using the Services - Indemnification
You are personally responsible for ensuring that your use of the Services does not violate these Terms of Use or any applicable laws and regulations (e.g. criminal laws, data protection laws) and does not infringe on third parties' rights (including copyrights, database rights, trademark rights, design rights, patent rights, license rights and personal rights).
You shall use the Services with all due care. In particular, you shall not use the Website servers for any form of excessive automated bulk activity (e.g., spamming), or relay any other form of unsolicited advertising or solicitation through our servers, or attempt to disrupt or tamper with our servers in ways that could harm the Website or Services or any users of our Services, to place undue burden on our servers through automated means, or by uploading content containing malware. We reserve the right to suspend or terminate your use of the Services at any time without notice if we determine any abuse in your use of the Services.
You agree to indemnify and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys' fees, arising out of your use of the Services or the App and the Website and/or any of your Pictures.
License under Your Pictures
To the extent that Your Pictures are protected by any copyrights or other intellectual property rights, you hereby grant us and any user of the Services the right to use, modify, aggregate, publish and distribute your Pictures for any purpose, subject to the compliance with all applicable laws regarding any personal data that may be contained in your Pictures and further subject to the provisions of the Privacy Policy.
You understand that you will not receive any payment for the rights granted in this Section. These rights are granted perpetually, subject to the provisions of the Privacy Policy. You also waive your right to be recognized as the author of the Pictures.
Limited Liability
The Services is provided "as is", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, accuracy, correctness and non-infringement. You understand and agree that we are not liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting (even if we have been advised of the possibility of such damages), from Your use of the Services.
We do not warrant that the Services will meet your requirements; that the Services will be uninterrupted, timely, secure, or error-free; that the information provided through the Services is accurate, reliable or correct; that any defects or errors will be corrected; that the Services will be available at any particular time or location; or that the Services is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Services.
In the case of any cyber-attack, we disclaim all liabilities for any losses or damages caused by such an intrusion, except in the case of serious misconduct on our part.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time without notice. By continuing to access or use our Services after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, please stop using the Services.
Termination
We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever.
Governing Law - Place of Jurisdiction
These Terms and any claims raised in connection with the Services are governed by Swiss law. You agree to submit to the exclusive jurisdiction of the cantonal court of the Canton of Vaud located in Lausanne, Switzerland.
Contact Us
If You have any questions about these Terms, please contact us at support@myfoodrepo.org (please include "Terms of Use" in the subject), or send a letter to: Ecole Polytechnique Fédérale de Lausanne, Laboratory of Digital Epidemiology
