IMPORTANT - READ CAREFULLY: THESE TERMS OF SERVICE AND END-USER LICENSE AGREEMENT ("AGREEMENT") IS A
LEGAL AGREEMENT BETWEEN YOU AND HOLMUSK ("COMPANY"), OR ANY OF ITS AFFILIATED COMPANIES OR PROPERTIES,
THAT PROVIDE APPLICATION OR APPLICATION-ENABLED SERVICE TO YOU. IN THIS AGREEMENT, "APPLICATION" MEANS
ANY APPLICATION, PROGRAMS OR APPLICATIONS PROVIDED TO YOU BY THE COMPANY WHICH IS INSTALLED, ACCESSED OR
OTHERWISE USED BY YOU OR YOUR EQUIPMENT OR DEVICES (EACH INCLUDING ANY PRIOR OR FUTURE VERSIONS), AND IT
INCLUDES RELATED DOCUMENTATION AND OTHER TEXT; ARTWORK, PHOTOS, VIDEO AND AUDIO CONTENT; AND ALL UPDATES
TO ANY OF THESE ITEMS. BY INSTALLING, ACCESSING OR OTHERWISE USING THE APPLICATION, YOU AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD STOP
USING THE APPLICATION AND PROMPTLY RETURN TO THE COMPANY ANY APPLICATION IN YOUR POSSESSION, INCLUDING
ANY PACKAGING AND ALL WRITTEN MATERIALS.
Grant of license
If you will use the Application, the Company grants to you, subject to the terms and conditions of
this Agreement, during the term of this Agreement, the limited, non-exclusive, non-transferable,
non-sub-licensable, revocable, worldwide license to install, access, run and execute the Application
on one (1) mobile device or equipment owned or controlled by you ("Device") for your internal
personal use only (and not for commercial use or resale).
The Application is owned by the Company or its licensor and is protected by copyright laws of
Singapore, by laws of other nations, and by international copyright treaties. The Application is
licensed, not sold. Except as expressly stated in this Agreement, the Company grants you no right or
license, express or implied, to the Application or service therein provided ("Service"), including,
without limitation, any right to use, copy, publish, display, compile, transmit, broadcast or
otherwise exploit the Application or Service. Other than those rights expressly granted herein to
you herein, the Company reserves all rights in and to the Application and Service, including any and
all patent, trademark, copyright, trade secret, intellectual and industrial property rights, now or
hereafter known, developed or in existence and in all forms of media throughout the world for the
Company's use and disposition at its sole discretion without any obligation to you. You are not
authorized to use the name "HOLMUSK" or any of its trademarks owned or controlled by the Company in
any manner whatsoever, without prior written approval and instruction from the Company.
Restrictions on use and transfer
You may only use the Application in accordance with this Agreement. You will comply with the
following restrictions, in addition to the other terms of this Agreement:
You may not copy the Application except as installed on the Device.
You may not sell, rent or lease the Application or otherwise transfer or assign the right to
use the Application, or pledge, grant a security interest in, lien on or encumber the
You may not use the Service or Application to store or handle any information not owned by
you or provided to you with authorized access.
You may not use the Service or Application to process or permit to be stored or handled the
information of a third party which you are not otherwise authorized access.
You may not access the Service or Application with any automated application program other
than the Application program on your Device.
You may not use the Service or Application for any illegal purpose.
We may collect information from you or others on your behalf under this policy and create
de-identified information to help us in our business and operations and for purposes permitted under
law. De-identified information will never contain Personal Information protected by law.
De-identified information may be transferred, disclosed, assigned, leased, licensed, sold and
otherwise shared with and by our partners, service providers, advertisers and/or other third parties
for purposes permitted under law.
You may not copy, translate, adapt, modify, alter, decompile, disassemble, or otherwise reverse
engineer or create any derivative work of the Application, merge the Application or any part thereof
with any other Application or change any Application in whole or in part, nor allow any other party
to do so. You must not alter or remove any copyright or other intellectual property notifications
applied to the Application. Upon termination of this Agreement for any reason, you will immediately
destroy or return to the Company the Application and may not use the Application for any reason.
Third party components
The Application may contain or rely on components that are owned by third parties and have been
licensed to the Company for distribution within the Application. You may not use third party
components in any way whatsoever other than through your authorized use of the Application as a
single integrated application.
Use of your information
You agree that the Company may collect and use technical and related information, including but not
limited to technical information about your Device, software, and peripherals, that is gathered
periodically to facilitate the provision of Application updates, product support and other services
to you (if any) related to the Services and Application and to verify compliance with the terms of
this Agreement. The Company may use this information, as long as it is in a form that does not
personally identify you, to improve our products or to provide services or technologies to you.
Our record retention policy
The user records may be maintained in paper or electronic format, as appropriate and may be stored
on-site or off-site, in accordance with the need to access the records. Some records are not subject
to any retention period and can be discarded when they do not have administrative value. Other data
are not considered "records" within the meaning of this policy and need to be maintained only as
long as they have administrative value. Medical records: (a) The Company will retain medical records
for the period of time required by applicable law and regulation; (b) The Company will dispose of
medical records promptly, in the appropriate manner after they have satisfied their required
retention period, unless they are the subject of a Litigation Hold; (c) The Company will strive to
preserve records subject to a Litigation Hold, if the records would otherwise be disposed of.
Records which must be disposed of will be done so in a manner that safeguards confidential,
sensitive or proprietary information contained in the records.
Our services do not provide medical advice
Material is provided for informational purposes only and not for medical advice, recommendation or
warranty of any kind. Information provided is not a substitute for the advice of an appropriate
medical professional or healthcare provider ("Providers"). The Company assumes no liability for any
medical advice, consultation, or services furnished by such Providers. The Company does not
recommend or endorse any specific services. The Company does not endorse any Providers, nor does it
assume liability for facilitating provider-patient relationships with such Providers. Reliance on
any information provided by the Company employees or otherwise appearing through subscription to our
services is solely at your own risk. While all attempts will be made to keep in vogue, information
may become outdated over time, or superseded by subsequent disclosure. This Website could also
include technical or other inaccuracies or typographical errors. The Company assumes no liability
for the accuracy or completeness of, nor any liability to update, the information contained in our
services. Changes may be periodically added to the information and these changes will be
incorporated in new editions of this Website.
Browsers and other application
You represent and warrant that you have all necessary rights in and licenses to any Web browser or
other applications necessary to use the Application. You acknowledge that: (a) use of the
Application may require use of certain third-party tools or applications; (b) the Application may
interact with servers operated by the Company; (c) the Company has no obligation to provide you any
documentation, including but not limited to, operating manuals, with respect to the Application; and
(d) the Company is not responsible for any tax consequences of your download or use of the
Application, including but not limited to, sales or excise taxes.
Either party may terminate this Agreement at any time with or without cause. If you wish to
terminate this Agreement and cancel your account with the Company ("Company Account"), you can do so
directly within your Company Account as part of the Service. Upon termination, your Company Account
will be immediately cancelled and you will no longer be able to access your Company Account or
information provided by the Company through the Services. In the event you do not receive any
response within twenty four (24) hours confirming your cancellation, it is recommended that you
re-submit your request or contact us via firstname.lastname@example.org for further assistance. The Company, in
its sole discretion, has the right to suspend or discontinue your Company Account and modify the
Service, or terminate this Agreement and refuse any and all current or future use of the Service,
for any reason at any time without prior notice, including for any use of the Application or Service
which threatens the security or otherwise harms the Company or others. Upon termination of this
Agreement, you must immediately destroy or return to the Company the Application and, during any
suspension or discontinuance of the Service or termination thereof, may not use the Application for
any reason. Termination of this Agreement or suspension of the Company Account will result in the
deactivation of your Company Account or your access thereto, and the forfeiture and relinquishment
of all current and future content and information in your Company Account or provided through the
Services. The Company reserves the right to refuse service to anyone for any reason at any time. The
Company shall not be liable to you or to any third party for any modification, price change,
suspension or discontinuance of the Service. Upon termination of this Agreement, the following
Sections herein shall survive: The entirety of the terms.
PROVIDED INFORMATION. THE INFORMATION ACCESSIBLE BY YOU THROUGH THIS APPLICATION AND SERVICE
(INCLUDING ANY INFORMATION LINKED FROM THIS APPLICATION OR SERVICE) ("PROVIDED INFORMATION") IS
INFORMATIONAL PURPOSES ONLY. THE PROVIDED INFORMATION RELIES UPON AND OTHERWISE IS SUBJECT TO
CUSTOMER DATA PROVIDED BY THIRD PARTIES AND YOU. THE APPLICATION AND SERVICES (AND PROVIDED
INFORMATION) ARE BEING PROVIDED ON AN AS-IS BASIS WITHOUT ANY REPRESENTATION OR WARRANTY.
ACCORDINGLY, THE COMPANY DOES NOT ASSERT, AND THE PROVIDED INFORMATION SHALL NOT CONSTITUTE OR
CONTAIN, AND THE COMPANY HEREBY DISCLAIMS, ANY REPRESENTATION, WARRANTY, CERTIFICATION
BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OR THOSE ARISING BY LAW, STATUTE, USAGE OF
COURSE OF DEALING, OR OTHERWISE) OR AGREEMENT, WHETHER AS TO THE ACCURACY, RELIABILITY,
TRUTH, SUITABILITY, QUALITY, VALIDITY, TIMELINESS OR COMPLETENESS OF THE APPLICATION, SERVICES
PROVIDED INFORMATION (INCLUDING ANY AND ALL CALCULATIONS, TABLES, GRAPHS AND SUMMARIES) OR
OTHERWISE. THE COMPANY DOES NOT WARRANT THAT THE SERVICES, APPLICATION OR PROVIDED INFORMATION
BE UNINTERRUPTED, ERROR-FREE, SECURE OR WITHOUT DELAY OR FREE FROM DEFECTS, HARMFUL COMPONENTS,
VIRUSES OR MALWARE. THE COMPANY DOES NOT WARRANT THAT ANY ERRORS IN THE APPLICATION WILL BE
CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR A COMPANY
SHALL CREATE A WARRANTY. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF
USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE PROVIDED INFORMATION
THE APPLICATION OR AS PART OF THE SERVICES. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE
AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS APPLICATION OR SERVICES AND YOU
WILL NOT MAKE A CLAIM AGAINST THE COMPANY FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK
DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE PROVIDED INFORMATION ON THIS APPLICATION
SERVICE. THE COMPANY DISCLAIMS ALL LIABILITY ARISING OUT OF, RELATED TO OR IN CONNECTION WITH
internet or connectivity interruptions or delays
your or any third party's
data, equipment, network, servers, applications, properties, cabling, systems, facilities or
scheduled maintenance to the Application or Services
any act or omission by you or
any third party
use of the Application or Services which is not permitted hereunder
modifications to the Application by any person other than the Company
Without limiting the generality of the foregoing, you acknowledge and agree that the Service and
Provided Information will, from time to time, be subject to interruptions, delays and lag time
arising from maintenance, servicing, user activity, user access, connectivity or otherwise and
Company disclaims all liability arising therefrom.
No liability for damages
The total liability of the Company to you arising out, related to or in connection with this
Agreement, the Services or the Application shall not exceed one (1) US dollar. You may seek to
recover from the Company only direct damages as to any claim arising out of, related to or in
connection with this Agreement, the Services or the Application.
IN NO EVENT WILL THE COMPANY BE
LIABLE TO YOU FOR ANY OTHER DAMAGES, INCLUDING ANY LOSS OF PROFITS, LOSS OF DATA, LOST SAVINGS,
OR INCIDENTAL, EXEMPLARY, PUNITIVE, INDIRECT, GENERAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF,
RELATED TO OR IN CONNECTION WITH THIS AGREEMENT, THE APPLICATION, THE SERVICES OR YOUR USE OR
INABILITY TO USE THE APPLICATION (OR ITS PROVIDED INFORMATION) HOWEVER CAUSED, REGARDLESS OF THE
THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) EVEN IF THE COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE. THE COMPANY IS NOT RESPONSIBLE FOR CLAIMS
BY A THIRD PARTY. SOLELY TO THE EXTENT CERTAIN JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR
LIMITATION OF LIABILITY, THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART
OF THE EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT IS
UNENFORCEABLE UNDER APPLICABLE LAW, THE COMPANY'S AGGREGATE LIABILITY WILL BE LIMITED TO THE
MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
"Confidential Information" means any proprietary, confidential or trade secret information of the
Company and includes the Application and all components thereof. Confidential Information does not
include any information which becomes generally known in the public through no fault or omission of
you. Unless required by law, you shall not use any Confidential Information other than for the
permitted purposes herein and you shall not disclose any Confidential Information to any third
party. In the event you are compelled under law to disclose any Confidential Information, you shall
provide prompt notice thereof to the Company prior to your disclosure and avail the Company adequate
time and reasonable cooperation in order for the Company to seek an adequate remedy to prevent such
If any provision of this Agreement is declared to be unenforceable, the remainder of this Agreement
will continue in full force and effect, and the unenforceable provision will be deemed modified to
the extent necessary to comply with the applicable requirements of law, while retaining to the
maximum extent permitted by law its intended effect, scope and economic effect.
Governing law/Dispute resolution
This Agreement shall be governed in all respects by the laws of Singapore.
in its entirety. In the event of any conflict or inconsistency, the following shall establish the
order of precedence and priority (with governing precedence listed first and interpreted to afford
Agreement constitutes the entire agreement between you and the Company pertaining to its subject
matter and supersedes all other agreements, communications, understandings, negotiations, and
discussions, whether oral or written, or course of dealings between us. No representation or promise
subsequently made by you or the Company, nor any modification or amendment of this Agreement, will
be binding unless it is in writing and signed by an authorized officer of the Company. The Company
reserves the right to update and change the terms of this Agreement from time to time without notice
in its sole discretion. The Company may post such changes which postings will be accessible on your
Company Account. Any new features or enhancements to the current Service shall be subjected to the
terms herein. Continued use of the Service or Application after any such changes shall constitute
your consent to such changes. If you do not consent to such changes, you may terminate this
As part of your agreement with the Company, you may receive a username and password (or other means
by which you can control access to the data, information and services provided by the Company) as
part of your Company Account ("Access Code"). In such case, you agree to abide by the following
terms in this paragraph. You acknowledge that you will be provided or have been provided an Access
Code. You agree that once such Access Code is provided to you, you shall be solely responsible for
maintaining the confidentiality of the Access Code. Accordingly, you shall be solely and completely
responsible for any and all acts or omissions that occur under the Access Code by you or by any
party (other than us) who uses such Access Code for any purpose whatsoever, whether lawful or
unlawful. Without limiting the foregoing, you agree that the Access Code given to you will be solely
used by you. You agree that you will not assign or transfer it to, or commit any act or omission
that would result in such Access Code to be used by, any other party for any purpose whatsoever. You
agree to inform the Company immediately of any unauthorized use of your Access Code.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE COMPANY HARMLESS FROM ALL CLAIMS, SUITS, ACTIONS,
PROCEEDINGS (FORMAL AND INFORMAL), INVESTIGATIONS, JUDGMENTS, DEFICIENCIES, DAMAGES,
SETTLEMENTS, LIABILITIES, AND LEGAL AND OTHER EXPENSES SUFFERED BY OR INCURRED BY THE COMPANY,
ITS AFFILIATES OR THEIR EMPLOYEES, DIRECTORS, REPRESENTATIVES, CONSULTANTS, OFFICERS, OWNERS OR
AGENTS ARISING FROM OR RELATED TO ANY OF THE FOLLOWING:
breach or violation by you of this Agreement
personal property damage or personal injury caused by you
your gross negligence or willful misconduct
any breach or violation by you of applicable laws
any of your information or data provided through the Device or the content thereof
(including claims of infringement, ownership, libel, defamation, obscenity)
use of the Services and Application
use of the Provided Information and Access Code by you or others to whom you provided access
The Company reserves the right, at its own expense, to assume the exclusive defence and control
of any matter otherwise subject to indemnification by you in which case you agree to cooperate
with the Company in asserting any available defence. Any Provided Information provided by the
Company as part of the Service is qualified entirely by reference to the original source of the
information and you should refer to such original source for qualifications and reference. Such
information provided may not be incorporated into any contract. No statement or information
shall constitute a legal, business or tax opinion or advice.
The Service provided does not constitute a commitment to, and the Company has no obligation to you
to, deliver any additional information, material, code, functionality, enhancement, modification, or
update of or support for the Application, although such enhancements, modifications, updates, and
support may be made available to you from time to time, may be terminated at any time without notice
to you and you bear the sole risk and liability in relying on such information in making any
strategic or analytical decisions. The development, release, and timing of any features or
functionality of the Application remain at the sole discretion of the Company, and all information
provided may change without notice.
This Application may contain hyperlinks to sites operated by third parties. Access to any other site
is at your own risk. Such links are provided as a convenience and the inclusion of such links does
not imply an endorsement or guarantee of the products or services of those operators. The Company is
not responsible for the reliability of such sites nor is the Company responsible for any information
or other materials on such sites. The Company's inclusion of hyperlinks to such sites does not imply
any association with their operators. The Company does not warrant or endorse and does not assume
and will not have any liability or responsibility for any third-party materials or websites, or for
any other materials, products, or services of third parties. You agree that you will not use any
third-party materials in a manner that would infringe or violate the rights of any other party, and
that the Company is not in any way responsible for any such use by you.
You may be granted access to information that is sensitive and personal in nature. You agree to not
disclose or use such information except in compliance with applicable laws and in connection with
lawful, legitimate, and bona fide purposes.
The headings and captions of this Agreement are provided for convenience only and are intended to
have no effect in construing or interpreting this Agreement. The language in all parts of this
Agreement shall be in all cases construed according to its fair meaning and not strictly for or
against either party. Any rule of construction to the effect that ambiguities are to be resolved
against the drafting party shall not apply to interpreting this Agreement.
The rights and remedies provided by this Agreement are cumulative, and the exercise of any right or
remedy by either party hereto (or by its successor), whether pursuant to this Agreement, to any
other agreement, or to law, shall not preclude or waive its right to exercise any or all other
rights and remedies.
Neither party shall be liable for any failure or delay in performance under this Agreement (other
than for delay in the payment of money due and payable hereunder) to the extent said failures or
delays are proximately caused by Acts of God, Government restrictions, acts of terrorism, natural
catastrophes, wars, insurrections and/or any other cause beyond the reasonable control of the party
whose performance is affected and occurring, provided that, as a condition to the claim of
non-liability, the party experiencing the difficulty shall give the other prompt written notice,
with full details following the occurrence of the cause relied upon. Dates by which performance
obligations are scheduled to be met will be extended for a period of time equal to the time lost due
to any delay so caused.
Any notice, request, consent or approval required or permitted to be given under this Agreement or
pursuant to law shall be sufficient if in writing, and if and when sent by certified or registered
mail, with postage prepaid, to the recipient's office.
You shall not be permitted to assign or delegate your rights or duties hereunder to any person. This
Agreement is entered into solely for the benefit of the Company and you and no other person shall be
considered a third party beneficiary to the terms hereof.
No action of either party, other than express written waiver, may be construed as a waiver of any
provision of this Agreement. A delay on the part of either party in the exercise of its rights or
remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise
by either party of any such rights or remedies will not preclude other or further exercise of that
right or remedy. A waiver of a right or remedy on any one occasion will not be construed as a bar to
or waiver of rights or remedies on any other occasion
This section only applies when you purchase and/or subscribe to GlycoLeap. By paying the
subscription fee, you get access to a GlycoLeap with real human (dietitian) coaches, subject to
these Terms. All subscriptions with GlycoLeap Learn, GlycoLeap Practice and GlycoLeap Master are
paid for in advance.
You may at any time terminate your membership, in which case your membership will still be valid
for the subscription time you have already paid for. If you have subscribed to GlycoLeap through
the use of App Store, Google Play Store, or any other such service provider, using in-app
purchase, you can only cancel your subscription through the use of their services. Subscription
fees can be found on GlycoLeap's website (www.glycoleap.com) and in the mobile application.
GlycoLeap accepts a variety of different methods of payment, such as Apple iTunes, Google Play,
and credit card payment. Special terms and conditions may apply. GlycoLeap reserves the right to
change the subscription fees from time to time.
You hereby consent to start using the Services immediately upon subscribing with GlycoLeap
Learn, GlycoLeap Practice, GlycoLeap Master or other paid products.
Your subscription will be automatically extended for successive renewal periods of the same duration
as the subscription term originally selected, at the then-current non-promotional subscription rate,
via the payment method you provide, until you cancel. If you have subscribed to GlycoLeap through
the use of App Store, Google Play Store, or any other such service provider, using in-app purchase,
you can only cancel your subscription through the use of their services. If you have subscribed
through the GlycoLeap website you can cancel by by going to the Subscription section of the
GlycoLeap website. If you cancel your subscription, you subscription will not be renewed after your
then-current term expires. You won't be eligible for a prorated refund of any portion of the
subscription fee paid for the then-current subscription period.