terms

TERMS

Terms and Conditions of Use

Cook&CountTM and Cook&Count2 are brought to you by Health Apps Ltd, a company registered in the United Kingdom no. 8437422. Our mission is to create easy to use apps to support people in managing or preventing illness and leading healthier lives.

These Terms and Conditions of Use (“Terms”) govern your access to and use of our Services. Please read the Terms carefully before using our Services, as they are a legally binding contract between you and Health Apps Ltd.

Your access and use of the Services (regardless of whether you create an account with us), constitutes your agreement to these Terms and our Privacy Policy, which is incorporated into the Terms. If you disagree with any part of the Terms, then you may not use our Services. Further, by accessing and using our Services, you understand and agree that your Personal Data and User-Generated Content that is shared with a Service may also be shared among the entirety of Health Apps Ltd.

If you have any questions about our Terms, please email our Support Team.

Do I need to register for an Account?

You need to register for a Cook&Count account in order to create and store recipes; save any Preferences; and access any Smart Filters. Without an account it is not possible to connect to our control centre that manages the databases and calculators. Your account may also automatically provide you access and means to use new Services that we create.

Using Cook&Count without an account

If you use Cook&Count without an account you won’t be able to create and store your own recipes and access several other functions. However, you can still use many of our recipes, view the nutritional content and adjust this by portion size.

Using Cook&Count with an account

If you create an account with Cook&Count, your anonymous data may be used to improve Cook&Count’s features, and it may also be used for academic research. Please see our Privacy Policy for more information.

When you create an account you must provide us with accurate and complete information as prompted by the account creation and registration process, and keep that information up to date. Otherwise, some of our Services may not operate correctly, and we may not be able to contact you with important notices.

If you create an account, you are responsible for maintaining the confidentiality of any and all actions that take place while using your account, and you must notify us right away of any actual or suspected loss, theft, or unauthorized use of your account or account password. We are not responsible for any loss that results from unauthorized use of your username and password, with or without your knowledge.

If you forget your password and have an existing Cook&Count account, in the app go to the ‘More’ tab, then scroll down to “Forgotten Password” to create a new password.

If you are a resident of the European Union: You have the right to delete your account with us by contacting our Support Team. You may choose to permanently delete your account, in which case the non-public Personal Data that is saved with your account will also be deleted.

The Services change frequently, and their form and functionality may change without prior notice to you. We may also impose limits on certain Services or restrict your access to part or all of the Services without notice or liability.

We may also from time to time, as we see fit, develop and provide updates for certain Services. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Certain portions of our Services may not properly operate if you do not install all Updates. These Updates may include updated versions of our applications, which may automatically electronically upgrade the versions used on your device, as well as updates to wearables and other connected products. You expressly consent to such automatic Updates. Further, you agree that the Terms (and any additional modifications of the same) will apply to any and all Updates to the Services. We have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Service.

Service Monitoring and Suspension

We reserve the right to refuse service to anyone, and can monitor, terminate or suspend our Services or your account at any time.

We may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content. We may also deactivate, terminate or suspend your account at any time: (1) if we, in our sole discretion, determine that you are or have been in violation of these Terms, (2) if we, in our sole discretion, determine that you have created risk or possible legal exposure for Health Apps Ltd, (3) in response to requests by law enforcement or other government agencies, (4) upon discontinuance or material modification of any Services, or (5) due to unexpected technical issues or problems. We will endeavour to notify you by email or at the next time you attempt to access your account after any such deactivation, termination or suspension.

Consent to Receive Communications

We may contact you in connection with your use of the Services. We have outlined how you can manage some of these settings here.

After signing up for an account, you may receive periodic email communications regarding the operations of our Services. You cannot opt out of receiving these communications while you continue to use our Services.

Trademarks

We ask you to respect our trademarks and brands.

Health Apps Ltd owns or licenses all Cook&Count trademarks, service marks, branding, logos, and other similar assets. Please do not copy, imitate, modify, display or otherwise use either the Cook&Count or Health Apps Ltd logo or name (in whole or in part) for purposes other than personal use or in connection with any web or mobile product or service that is not authorised by Health Apps Ltd, without our prior written approval.

Accuracy and Reliance on Content

The nutritional information in the extensive ingredients lists is from gold standard, trustworthy and reliable UK and US government databases. Unlike other health and fitness apps, custom data in Cook&Count is not shared with other users. This protects you from inaccuracies and means there is no need to waste time wading through millions of foods in the database.

We aim to provide nutritional information that is as accurate as possible to help you to be as healthy as possible. There could be some inaccuracy in calculating the nutrient content of multi-ingredient food due to variance in soil, climate, season, wastage (e.g. trimmed vegetables, scrapings left in bowls and saucepans) and sometimes the reduction or increase in food weight during cooking. Therefore please bear in mind these potential inaccuracies, which can have an error range of around 10 to 15%. Accordingly, we make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any content available through our services, and we make no commitment to update such content.

Health Apps Ltd does not (i) guarantee the accuracy, completeness, or usefulness of any nutritional information in the ingredients database; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any such nutritional information. Under no circumstances will Health Apps Ltd be responsible for any loss or damage resulting from your reliance on nutritional information.

Paid Services

If you choose to subscribe to any of our enhanced, paid services, these are the payment and billing terms that apply. Paid services and billing will auto-renew unless you cancel. You may cancel at any time.

  • Payment Terms


  • We offer a premium version of Cook&Count for a fee. By signing up for and using any of the premium services, you agree to our Terms, and any additional terms and conditions that are provided here. You also agree to waive your 14-day right of withdrawal to the maximum extent permitted by applicable law, so that you are able to immediately access all of the Premium services.

    The Premium services provide you access to certain enhanced features and functionality. By signing up for and using the Premium services, including signing up for any free trials of the Premium services, you agree to pay any fees or other incurred charges that apply to the Premium services (such as subscription fees).1

    When you sign up for the Premium services, you must designate and provide information about your preferred payment method (“Payment Method”). This information must be complete and accurate, and you are responsible for keeping it up to date. You expressly authorize us to collect from your Payment Method the appropriate fees charged for the Premium services and for any other purchases you elect to make via the Services.

    You can choose to pay for the Premium services on a monthly or annual basis. All fees due for the Premium services are payable in advance, and will be billed automatically to the Payment Method at the start of the monthly or annual Premium Service period, as applicable. Unless otherwise stated, Premium services will auto-renew until you elect to cancel your access to Premium services. All purchases of Premium services are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Premium Service.

  • Termination or Cancellation of Premium services


  • If you do not pay the fees or charges due for your use of the Premium services, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Premium services and may do so without notice.

    You can cancel the Premium services at any time. This is done through your iTunes or GooglePlay Account. Once you have cancelled your Premium Service and received confirmation, no other changes can be made to your account. The cancellation of a Premium Service will go into effect at the end of your current billing cycle, and you will have the same level of access to the Premium Service through the remainder of such billing cycle. For example, if you are billed on a monthly basis and cancel during a given month, you will be charged for the entirety of that month and maintain access to the Premium Service through the end of that month.

    There are no refunds for termination or cancellation of your Premium Service. If you no longer wish to subscribe to a Premium Service, it is your responsibility to cancel your Premium Service in due time, regardless of whether or not you actively use the Premium Service.

  • Fee Changes


  • To the maximum extent permitted by applicable laws, we may change our prices for Premium services at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Premium Service and/or by sending you an email notification. If you do not wish to pay the new prices, you can cancel the applicable Premium Service prior to the change going into effect.

  • Discount, Coupon or Gift Codes


  • If you have received a discount, coupon or gift code to a Premium Service, the following terms and conditions apply in addition to the terms and conditions of the specific code. To redeem a discount or coupon code, log in to the applicable Service and enter the applicable code in the purchasing process to take advantage of the relevant promotion. All discounts, gift and coupon codes can only be applied when subscribing to Premium services, and they can only be applied to accounts that are not already subscribing to Premium services. Discount, coupon and gift codes cannot be combined with any other cash-off price, sales, promotion or coupon. Discount, coupon and gift codes cannot be exchanged, refunded, replaced or redeemed for cash or payment of accounts. A payment method may be required to redeem a discount or coupon code. It is your own responsibility to use a discount, coupon or gift code before it expires, and expired codes cannot be refunded or extended. It is also your responsibility to terminate the Premium Service before the end of a free or discounted period if you do not want to continue with a Premium Service at the regular price. The terms and conditions of a specific discount, coupon or gift code may include additional restrictions on its use, including but not limited to the type of plan, duration of free or discounted Premium Service, coupon validity dates, and/or purchase quantities. Health Apps Ltd reserves the right to cancel discounts and coupon promotions at any time.

    Modifications to the Terms and Product-Specific Terms

    We might have to make changes to these Terms or include additional terms that are specific to new features or functions.

  • Updates to these Terms


  • Health Apps Ltd reserves the right to modify these Terms by (i) posting revised Terms on and/or through the Services, and/or (ii) providing advance notice to you of material changes to the Terms, generally via email where practicable, and otherwise through the Services (such as through a notification on the home page of the Cook&Count website or in our applications). Modifications will not apply retroactively unless required by law.

    We may sometimes ask you to review and to explicitly agree to or reject a revised version of the Terms. In such cases, modifications will be effective at the time of your agreement to the modified version of the Terms. If you do not agree at that time, you are not permitted to use the Services. In cases where we do not ask for your explicit agreement to a modified version of the Terms, the modified version of the Terms will become effective as of the date specified in the Terms. Your use of the Services following that date constitutes your acceptance of the terms and conditions of the Terms as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.

  • Product-Specific Terms


  • We may also require you to agree to additional terms, rules, policies, guidelines, or other conditions (“Product-Specific Terms) that are specific to certain Services. In such cases, you may be required to expressly consent to Product-Specific Terms. For instance, you might need to tick a box or click on a button marked “I agree.” If any of the Product-Specific Terms are different than the Terms, the Product-Specific Terms will supplement, amend, or supersede the Terms, but only with respect to the subject matter of the Product-Specific Terms.

    No Warranties

    EXCEPT WHERE PROHIBITED BY LAW, HEALTH APPS LTD EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS BASIS. Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any of the Services or any Content. To the maximum extent permitted by applicable law, we do not warrant that (i) the Services will meet your requirements, (ii) the operation of the Services will be uninterrupted, virus- or error-free or free from other harmful elements or (iii) errors will be corrected. Any oral or written advice provided by our agents or us does not and will not create any warranty. To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind with respect to Content. No advice or information, whether oral or written, obtained from other users or through the Services, will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

    Limitation of Liability

    We are here because we want to help make people’s lives healthier and we aim to do that in the safest way possible. But we are not liable for anything that could go wrong as a result of your use of the Services.

    To the maximum extent permitted by applicable law, under no circumstances (including, without limitation, negligence) shall Health Apps Ltd, its subsidiaries, partners or any wireless carriers be liable to you or any third party for (a) any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever; (b) loss of profits, revenue, data, use, goodwill, or other intangible losses; (c) damages relating to your access to, use of, or inability to access or use the Services; (d) damages relating to any conduct or content of any third party or user using the Services, including without limitation, defamatory, offensive or illegal conduct or content; and/or (e) damages in any manner relating to any Third-Party Content, Third-party Products or Third-Party Activities accessed via the Services. To the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not Health Apps Ltd has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose. To the maximum extent permitted by applicable law, the total liability of Health Apps Ltd, for any claim under these Terms, including for any implied warranties, is limited the amount you paid us to use the applicable Service(s) in the past twelve months.

    In particular, to the extent permitted by applicable law, we are not liable for any claims arising out of (a) your use of the Services (including but not limited to your participation in any activities promoted by or accessed via the Services), (b) the use, disclosure, display, or maintenance of a user’s Personal Data, (c) any other interactions with us or any other users using the Services, even if we have been advised of the possibility of such damages, or (d) other Content, information, or services received through any links provided with the Services.

    To the extent permitted by applicable law, you acknowledge and agree that we offer the Services and set the Services’ prices in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in the Terms. To the extent permitted by applicable law, you also acknowledge and agree that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk between you and us and that these warranty disclaimers, releases, and limitations of liability form an essential basis of the bargain between you and us. We would not be able to provide the Services to you on an economically reasonable basis without these warranty disclaimers, releases, and limitations of liability.  

    PRIVACY

    How we handle your privacy and security

    Health Apps Ltd follows industry best practices, using open and known principles when transferring and storing your data.

    We use MixPanel analytics software to collect anonymous statistics about how Cook&Count is used. This gives us information about how to improve the app and does not involve collecting any personal information. Instead we look at the number of active users using the applications and from where in the world the applications are being used. We also use analytics to tell us how the users use the app, including adoption and usage of specific features, and to learn about crashes and exceptions.

    We will not under any circumstances give out or sell your information to anyone. We reserve the right to change this policy at any time, so please feel free to check here again every so often. Your continued use of the app following the posting of any changes to this policy will mean you accept those changes. If you have any questions or concerns, please get in touch with us.

    How your data is used

    Our aim is for Cook&Count to be the world-leading home cooking nutritional support app that you love and trust. Our goal is to provide features that benefit you directly. Data is only collected if it directly supports features made for you.

    We aim to be transparent about how your data is used. Your anonymous data may be used to improve Cook&Count’s features. We are a research led health app developer and therefore your anonymous data may also be used for academic research. Health Apps Ltd may publish the results of academic or internal research in the form of data visualizations or text findings.