Terms of Use.

Welcome to nuno. These Terms of Use govern your use of our website and mobile application (the "App") and are intended to create a positive, law-abiding community of our users. By using nuno, you agree to be bound by all of the following terms and conditions.

L TECH Ltd. Şti. (referred to as "nuno", "we" or "us" throughout this document) offers various content and services on the nuno website and app (collectively, the "Services").

You can contact us at any time via our support team if you have any questions or suggestions.

1.1 Who can make use of the services: A minimum age of 18 years is required to use the Services, unless otherwise specified for certain countries. Minors are not permitted to use the Services, provide us with any personal information or submit any such information through the Services, such as name, address, telephone number or e-mail address.

1.2 Your account: In order to access and use the Services, it may be necessary to create an account with nuno. It is essential that the details in your account, especially your email address, are always kept correct and up to date as they play a key role in account recovery should the password be forgotten. Responsibility for the security and integrity of the account and associated login details lies with the user. Any activity under your account is your responsibility and in the event of any suspected unauthorized use or security incident, it is essential to inform our support team immediately. We accept no liability for any damage caused by unauthorized access to your account.

For users in the European Union: You are free to close your account at any time by contacting our customer service. Should you choose to close your account permanently, all private personal data associated with your account will also be removed from our systems.

1.3 Service updates, changes and restrictions: Our services are subject to constant further development. We reserve the right to introduce new products, functions and services, make changes, impose restrictions and, if necessary, temporarily suspend or completely discontinue certain offers. It is possible that updates to our services may become necessary, which may impair their functionality if these updates are not carried out. The design and functionality of our services may change at any time without prior notice. We reserve the right to provide updates to our services at our own discretion. This includes improvements, changes, bug fixes and new features. It is possible that our services may not function correctly without installing all updates. You acknowledge that without agreeing to such updates, functionality may be impaired. The Terms of Use also apply to all updates. We may change, discontinue or impose limits on services or features at any time without notice or liability.

1.4 Monitoring and suspension of services: We have the right to restrict or refuse the use of our services. We may monitor, terminate or block your account or access to our services. Accounts and activities associated with our Services may be monitored, as may access to other users' personal information. Your account or access may be deactivated, blocked or temporarily suspended in certain circumstances, such as violations of our Terms, legal risks, at the request of authorities, changes to the Services or technical problems. We will endeavor to inform you of any such action.

1.5 Security: Please contact us immediately if you suspect that your account has been compromised or there is a security risk. We attach great importance to the security of our users and make every effort to ensure the security of your data and your account. Nevertheless, it is possible for security measures to be circumvented. If you suspect misuse or unauthorized use of your account, please notify our support team immediately. Although we cannot prevent every unauthorized act, we always strive to protect your data.

2.1 Definitions: "Content" includes everything you can see or use in our app or on our website. This includes a wide range of materials such as videos, photos, music, text, and more. "Nuno content" is any other material that is provided by us and does not come directly from users. This can be anything from our own articles and tutorials to the tools and features that make the app interesting and useful.

2.2 Property rights: The content you create through the Services remains your property. nuno owns all content created by nuno, including but not limited to all works, trademarks, designs, patents and other intellectual property rights, whether registered or not, relating to the Services and the content provided by nuno. These property rights extend to content created by nuno, its partners or third party providers. As a user, you retain ownership and responsibility for the content you generate, but you grant nuno a license to use that content in accordance with Section 2.5. It is understood that, except as otherwise expressly provided in these Terms, no rights, licenses or permissions to use the nuno Content or any content owned or controlled by partners or third parties are transferred. Any reproduction, publication, display, distribution, modification or creation of derivative works of the materials made available through the Services without nuno's express written consent is prohibited.

2.3 Our license to you: Under our Terms of Use, we grant you a limited, revocable, personal, non-transferable and non-exclusive license to access our services and content. This license is for your personal, non-commercial use only. You may not copy, modify, create derivative works from, disassemble, sell, transfer, sublicense, assign a security interest in, or otherwise commercially exploit the Content or Services without our prior written consent. Please respect our intellectual property rights and use the Content and Services only in the manner intended.

2.4 Use of nuno Content: Use of the Services and related software, including any content provided by nuno (other than user-created content), is permitted only to the extent expressly permitted by applicable law or authorized by nuno. It is prohibited to modify, rent, lend, sell, distribute or create new works based on this content, unless otherwise stated. You may download, copy or store Nuno Content to the extent expressly permitted by the features of certain Services or solely for your personal use. Commercial use is only permitted within the scope defined by specific nuno products/services. Any other commercial use requires prior agreement with nuno. If you would like to link to our services on your website or app, this may only be done in text form, clearly identifying "nuno". We reserve the right to withdraw consent to a link at any time.

2.5 Your license to us: When you share content on nuno, you retain the rights to it. But, by sharing it, you allow us to use that content as part of our services and make it available to others. We may edit or remove your content. Make sure that you only share content for which you own the rights or have permission to publish. By providing content on nuno, you grant us and other users a worldwide, non-exclusive, royalty-free license to use that content in connection with the Services. This includes that we may store, share, adapt or otherwise use your content. We may use your Content to provide, improve and develop our Services, always in accordance with our Privacy Policy. We reserve the right to monitor, remove or edit content, especially if it violates our terms or policies. You warrant that you have all necessary rights to allow us to do so and will indemnify us for any infringements.

2.6 Notify friends: If you wish to share personal data with another person for our services, please ensure that you have obtained their consent. Our services offer the possibility to share your experience with friends. If you use this feature to recommend our services to someone, we will need contact details such as email addresses or social media profiles. We may use this information to inform the person about our services. The data will only be stored by us for a certain period of time and will not be published. You warrant that you are authorized to provide us with the contact details of third parties and accept responsibility for any breaches of this warranty.

2.7 Storage of your content: Please be aware that once content has been shared online, it is difficult to delete completely. Even after your account has been closed or content has been deleted by you, we may retain that content for a period of time for backup, archival or audit purposes if permitted or required by law. In addition, both nuno and our users may continue to use the content you have shared in accordance with applicable licenses. Even after you stop using our services, the license for your shared content remains in effect. Publicly posted content may be commented on by others and included in social discussions. For more details, please see our Privacy Policy.

We attach great importance to compliance with copyright and property rights. Should you be of the opinion that content within our services infringes your rights or the rights of third parties, please notify us immediately at [email protected].

In order to ensure effective processing of your complaint, we require: A detailed description of the copyrighted work; the exact location of the allegedly infringing material within our services; your contact details including name, address, telephone number and e-mail address; a statement that you have a good faith belief that use of the material is not authorized; a statement that the information is accurate and that you are authorized to act on behalf of the owner; and your signature, physical or electronic. Your report should be sent to: L TECH Ltd. Şti., TUNA MAH. ŞEHİT ÜSTEĞMEN AHMET KONUKSEVER SK. NO: 28 İÇ KAPI NO: 2, KARŞIYAKA/İZMİR 35600, Subject: "DMCA requests".

Our Services may enable connections or interactions with external services or products, including social media and external devices. Please note that different terms of use and privacy policies may apply when accessing these external offerings.

4.1 Use of third-party services: You have the option of accessing external applications, content and offers from third parties via our services. The decision to use these Third Party Services and possibly link your accounts to them is entirely up to you. Please note that the use of these third-party services is at your own risk. We accept no liability for the content, accuracy of information or security of the services provided by these third party providers. Any damage or loss that may arise from the use of these external services is not our responsibility.

4.2 Third-party products: Access to our Services is possible via third-party devices or products. Some features of our Services may require the purchase of third-party products, such as fitness trackers or smart scales. Although we may recommend or promote products from certain partners, you are responsible for the purchase and use of these third-party products. We do not guarantee the compatibility or accuracy of these products with our Services and accept no liability for them. Any liability for third-party products, including those of our partners, is hereby excluded.

We cannot ensure that our app will work on all devices and ask you to contact our customer service if you have any problems. Use of the app may incur normal data and messaging charges and the rules of the relevant app store apply when downloading.

5.1 Access requirements: A compatible mobile device is required to use our app. However, we cannot guarantee that our app will work perfectly on every device. Standard charges for data transfer and messages may be incurred by your mobile phone provider. Access to exclusive features and content within our premium offers may incur additional costs, as explained in section 6.

5.2 License agreement: This License Agreement grants you a limited, personal license to use our mobile application for your personal and lawful use only. This license is non-exclusive, non-transferable and non-sublicensable. You may only use the App downloaded from an official marketplace in object code format. Any open source code or third party code included in the App is governed by the respective End User License Agreements (EULA) that govern the use of such code.

5.3 App stores: If you download our app from a third-party app store, please note the following: The terms of use are between you and us, not with the app provider. We, not the app provider, are responsible for our app. The app provider is not required to provide support services. For warranty claims, you may be able to get a refund, but further obligations are on us. The app provider does not process any claims regarding the app. We assume responsibility for copyright infringements. The app provider and its subsidiaries are third-party beneficiaries of your license to use the app. You must also comply with all applicable third-party terms and conditions when using the app.

If you choose to subscribe to our paid services, such as premium subscriptions, specific payment and subscription terms will apply. These paid services may include automatic renewal if not canceled before the end of the billing period. You have the right to cancel your subscription at any time. For more information on termination and billing terms, please refer to the relevant sections of our Terms of Use.

6.1 Terms of payment: Our services offer premium subscriptions for exclusive content and features, from personalized nutrition plans to detailed analysis of your progress. With a Premium subscription, you get instant access to advanced features including detailed macronutrient settings, an ad-free experience and detailed daily reports. Your subscription begins immediately upon confirmation of payment and you will be billed monthly or annually. All fees are charged in advance.

Unless otherwise stated, Premium subscriptions automatically renew at the end of each billing period. You may cancel at any time to prevent renewal. Payments already made will not be refunded except at our discretion. By registering, you waive your right of withdrawal for immediate access. You are responsible for safekeeping your payment information and for any fees incurred.

6.2 Blocking or termination: In the event of payment problems, we will first try to contact you. If no solution can be found, we reserve the right to restrict or block access. After termination, access continues until the end of the current billing period without refund.

6.3 Price changes: We may change prices in accordance with applicable law and will notify you in a timely manner. If you do not agree, you may cancel before the change takes effect.

6.4 Discount, voucher and gift codes: Codes are only valid for new Premium customers, cannot be combined with other discounts and cannot be exchanged for cash. A valid payment method is required. nuno reserves the right to change or terminate offers at any time.

6.5 Free trial versions: Sometimes we offer free trials giving you limited access to premium services. If you do not cancel before the trial ends, your access will automatically renew and charges will apply. Once incurred, costs are generally non-refundable. Simultaneous use of multiple trials for the same service is not permitted.

We care about your health and achieving your fitness and wellness goals. Our services are provided for informational purposes only. We assume no liability for any physical harm or illness that may result from the use of our services. Your own judgment and the advice of professionals should always take precedence. Please note that our information is not a substitute for professional medical advice.

7.1 Your safety: Before using fitness, wellness or nutrition plans, we strongly recommend consulting your physician. By using our Services, you acknowledge that you have obtained physician approval. Not everyone has the same physical condition. Participation is at your own risk. You acknowledge that sports activities may involve risks such as injury or death. To the extent permitted by law, we assume no liability for physical injury from our Services. Your safety is your responsibility.

7.2 Disclaimer for content accuracy: We make no warranties as to the accuracy, reliability, completeness or timeliness of content. User-generated content such as recommendations or database entries does not originate from us and should not be relied upon without verification. In particular, our food database, filled by both nuno and community members, is not checked by experts. nuno does not guarantee the accuracy of this data. To the extent permitted by law, we are not liable for any loss from reliance on this information.

7.3 Note on non-medical advice: All services and content are purely informative. nuno does not provide medical services or medical advice. Our content does not replace your doctor's professional opinion and is not intended for medical decisions, diagnosis or treatment. Use of our services does not create a doctor-patient relationship. Premium Services such as fitness and nutrition plans are not medical services and not intended to diagnose or treat medical conditions.

7.4 Success not guaranteed: Success stories shared on the internet may not represent the usual or guaranteed results. To the extent permitted by law, nuno assumes no responsibility for the accuracy or effectiveness of fitness activities mentioned in external success stories.

7.5 Accuracy: Our activity and sleep tracking services use sensors and GPS. The data provided (steps, sleep, calories) may vary in accuracy. By using these services, you acknowledge that nuno is not liable for discrepancies. Our liability for fraud, gross negligence or willful misconduct remains unaffected.

Due to the continuous development and improvement of our services, it may be necessary for us to make adjustments to these terms of use.

8.1 Updates: We reserve the right to update these Terms of Use. Changes will be posted on our Services or communicated by email. Material changes will be announced in advance. Changes will not have retroactive effect except as provided by law. We may ask you to accept or reject updated terms. If you do not accept, you may not continue using our Services. By using our services after changes take effect, you agree to the updated terms. If you do not agree, you must stop using our services.

nuno expressly disclaims, to the fullest extent permitted by law, all warranties, express or implied, statutory or otherwise. This includes any implied warranties of merchantability, fitness for a particular purpose and non-infringement. Our services and all content are provided "as is" and "as available" without warranty of any kind. We do not guarantee the quality, accuracy, timeliness, reliability, completeness or availability of our services or content. We cannot guarantee our services will meet your expectations, be uninterrupted, or free from viruses. Advice from us or our representatives does not constitute a warranty. You use the Services at your own risk.

To the fullest extent permitted by law, nuno including its subsidiaries shall not be liable for any damages from using our services. This includes indirect damages, loss of profits, loss of data, and problems accessing services. Our liability is limited to the greater of US$500 or the amount paid for use in the previous twelve months. Furthermore, we assume no liability for damages from your use of the Services, handling of personal data, or interactions. These limitations form the commercial basis of our offer.

If you reside outside of France or Germany, you agree to indemnify nuno and its partners against all third party claims to the maximum extent permitted by law. This includes reasonable attorneys' fees relating to your use of the Services, violations of these Terms, handling of User Data, and violation of others' rights.

For users in France or Germany: You agree to indemnify nuno against claims by third parties for negligent or willful conduct on your part. This includes costs of litigation and attorneys' fees.

If you are located in the USA or outside the European Union: These Terms of Use shall be governed by Turkish law. Any dispute shall be subject to the exclusive jurisdiction of the courts of Izmir, Turkey, excluding international private law rules. Regardless of your location, Turkish law applies and courts in Izmir have jurisdiction.

For US residents – Arbitration agreement: You and nuno agree to resolve any disputes through binding arbitration under Turkish law. A neutral arbitrator, not a court, will decide disputes. The decision is final and binding. Arbitration takes place exclusively on an individual basis; class actions are excluded.

Rules of procedure: Proceedings may be conducted by telephone, online, or written submissions. Personal presence is required only by mutual agreement. Awards are binding. All proceedings are confidential. You waive class actions. If arbitration is not applicable, disputes are subject to Turkish courts. You may terminate the arbitration agreement within 30 days by emailing [email protected].

For EU users: If you and nuno cannot resolve a dispute, you may submit your complaint via the EU's online dispute resolution platform at http://ec.europa.eu/consumers/odr. You may also bring action in local courts of your residence. For users in Finland, Denmark or South Korea: please do not use our service due to specific legal requirements in these countries.

Our services are aimed at users worldwide, with servers and operations based on Turkish law. Users outside Turkey consent to the transfer and processing of their data to Turkey. You agree to comply with all applicable local laws. Users from sanctioned countries may not use our services.

Special notes: EU, Hong Kong, Russia, New Zealand, South Korea – some liability limitations may not apply to you. New Zealand – Consumer Guarantees Act 1993 remains. Germany, France, Austria, Finland – formulations like "to the extent permitted by law" have no meaning for you. Japan – Consumer Contract Act is not limited. South Korea – changes will be posted before becoming effective.

Should our contractual relationship end, certain provisions survive termination. This applies in particular to: Content Ownership (Section 2), Fitness and Nutrition Advice (Section 7), Disclaimer of Warranties (Section 9), Limitation of Liability (Section 10), Indemnification (Section 11), Disputes and Arbitration (Section 13), and the provisions regarding survival (Section 15).

No joint venture, partnership, employment or agency relationship is created by these Terms. These Terms constitute the entire agreement between you and us. Failure to exercise any right does not constitute a waiver. If any provision is held invalid, the remaining provisions remain in effect. You may not transfer your account without our written consent. We reserve the right to transfer or assign our rights. Notices are deemed delivered: 48 hours after sent by email/post and 24 hours after first displayed on our Services.

If you have any feedback, questions or comments, contact our support team by e-mail or post: L TECH Ltd. Şti., TUNA MAH. ŞEHİT ÜSTEĞMEN AHMET KONUKSEVER SK. NO: 28 İÇ KAPI NO: 2, KARŞIYAKA/İZMİR 35600. Subject: "nuno terms of use". Please include your full name, e-mail address, postal address and message. Email: [email protected]

Valid from February 13, 2024