By using the Mango Bites services on the Mango Bites Website (e.g., at www.mango-bites.com or any related domain) or through the Mango Bites mobile apps for iOS and Android devices (collectively referred to as the 'Platform'), you agree to these Terms and Conditions provided by Mango Tech, LLC ('us' or 'we' or 'our' or 'Mango Bites'). If you do not agree with these terms, please do not use the App or any related service or platform.
By clicking 'accept' when prompted or making an account or, using or accessing the platform, you understand that you will adhere to these terms and all other operating rules, policies, and procedures that may be issued periodically on the platform by us, each of which is incorporated by reference periodically by us ('terms'). if you do not agree to any of these terms, including the compulsory arbitration provision, you must stop using the platform and services. If you violate the provisions of these terms, Mango Bites app has the right to immediately deactivate or delete your user account, along with all related information and files, or restrict your access to the services without prior notice.
It is important to use caution, common sense, and good judgment when using the Platform. Attempting to violate or violating the security of the Platform is not allowed. Such violations may lead to criminal and/or civil penalties being imposed on you. Mango Bites App will investigate any claimed or suspected breaches, and if there is a possibility of a criminal violation, we may get in touch with and/or work together with law enforcement agencies in their investigations.
1. Acknowledgment and Agreement
1.1 Acceptance of Terms: By using the Mango Bites services, including the website (www.mango-bites.com or any related domain) and the mobile apps for iOS and Android (collectively, the 'Platform'), you agree to be bound by these Terms and Conditions, as well as any additional operating rules, policies, and procedures that Mango Tech, LLC ('we' or 'Mango Bites') may publish on the Platform from time to time.
1.2 Changes to the Platform: We reserve the right to modify, suspend, or terminate the Platform or any part of its features or functionality at any time, without prior notice or liability. You acknowledge that such changes may result in the loss of access to information or data associated with your account, and Mango Bites shall not be held responsible for any such loss or damage.
1.3 Mobile App Stores: If you download the Mango Bites App from a mobile app store (e.g., Apple App Store or Google Play), you understand that these Terms are solely between you and Mango Tech LLC. The app store provider has no responsibility for the App's maintenance, support, or any disputes arising from its use.
1.4 Prohibited Activities: You agree not to engage in any activities that violate these Terms and Conditions, applicable laws, or the rights of others. This includes, but is not limited to:
Attempting to breach the security of the Platform.
Using the App for any unauthorized or illegal purpose.
Infringing on the intellectual property rights of MangoBites or others.
Interfering with or disrupting the operation of the Platform or the experience of other users.
You must also comply with any applicable third-party terms of service when using the Mango Bites App, including those of the mobile app store from which you downloaded the App.
To use our Platform, you must:
Be at least 18 years of age or older, or the age of majority in your jurisdiction, and not be disqualified from entering into contracts under any law.
Complete the registration process.
Agree to our Terms.
Provide true, complete, and up-to-date legal and contact information.
If you are using the Platform on behalf of a company, you represent and warrant that you have the authority to accept these Terms on behalf of that company.
Individuals who are pregnant or breastfeeding are prohibited from using our Platform services as we are unable to provide adequate medical care or collaborate with other medical professionals during these sensitive times.
By using the Platform, you represent and warrant that you meet all the requirements listed above and that you will not use the Platform in a way that violates any laws or regulations. Mango Bites reserves the right to refuse service, close accounts of any users, and change eligibility requirements at any time.
Weight loss for individuals with a BMI below 18.5 is not recommended and should only be pursued under the supervision of a medical professional. This policy is in place to ensure the health and safety of our users. The current medical standard, as outlined by the Center for Disease Control (CDC), considers a Body Mass Index (BMI) between 18.5 and 24.9 to be healthy, with anything below 18.5 being considered underweight.
3. Disclaimers
Use of the Service
The Mango Bites App offers various services to assist you, including advice and knowledge on ways to enhance your physical fitness, wellness, and dietary habits, as well as help with weight management.
No Medical Advice or Doctor-Patient Relationship
Mango Bites is not a medical organization, medical doctor, or professional counselor. The Platform and its services do not constitute medical advice, diagnosis, or treatment. No doctor-patient relationship is established through the use of the App.
Consult a Physician
It is crucial that you consult with a physician before starting any new fitness or nutrition program, especially if you have any pre-existing health conditions, such as high blood pressure, heart disease, diabetes, or if you are pregnant, breastfeeding, or lactating.
Emergency Situations
The App is not intended for medical emergencies. If you believe you are experiencing a medical emergency, please call your local emergency number immediately.
Informational Purposes Only
The information and recommendations provided by the App are for informational purposes only and should not be considered a substitute for professional medical advice.
Exercise at Your Own Risk
You acknowledge that physical exercise involves inherent risks of injury. By using the App, you agree that you undertake any exercise or activity suggested by the App at your own risk. Mango Tech LLC, its employees, and partners will not be liable for any injuries or health issues that may result from your use of the App.
Use Caution and Seek Professional Guidance
Always use caution, common sense, and good judgment when using the App. If you experience any pain, discomfort, or other concerning symptoms while exercising, stop immediately and consult a medical professional. We strongly encourage you to seek guidance from qualified professionals, such as coaches, trainers, or physical therapists, especially if you are new to any exercise or activity.
Prioritize Your Health
Never disregard professional medical advice or delay seeking it because of something you have read or seen on the Platform. Your health and safety are paramount.
4. Subscription Services
Mango Bites offers premium services on a subscription basis.
Pro (or 'Premium Service'): You purchase and pay for the subscription yourself.
Mango Bites may modify or discontinue any premium service features at any time without prior notice.
Premium Service
Fees and Charges: As a Premium Service user, you are responsible for all applicable fees, including recurring subscription charges, prepayment plan fees, taxes, and any other charges associated with accessing the Premium Service.
Automatic Renewal: Your subscription will automatically renew at the end of each billing cycle unless you cancel it. You authorize Mango Bites to charge your payment method on file for the renewal. If your payment method fails, your subscription may not renew, and your access to premium features may be terminated.
Price Changes: The renewal price may change, but we will notify you in advance if this occurs. If you purchased a multi-period plan or received a promotional rate, your subscription will renew at the then-current regular price at the end of the promotional period.
Cancellation
Personal Premium Service: To cancel your Personal Premium Service subscription, contact us at [email protected]
Cancellation Effectiveness: We will process your cancellation request within seven (7) days of receipt. You may still be charged for fees or charges incurred before the cancellation takes effect. Your subscription will remain active until the end of the current billing period.
Refunds: Please refer to our Refund Policy for details on our cancellation and refund terms.
Additional Costs
You are responsible for all costs associated with accessing and using the Mango Bites Platform, including internet service provider fees, data charges, and any necessary equipment.
5. External Service Purchases and Subscriptions
Payment through External Services
When you purchase a Premium Service subscription on the Platform, you may have the option to pay through an external service like Apple ID or Google Play (your 'External Service Account'). Your External Service Account will be charged according to the terms disclosed at the time of purchase and the general terms of your External Service Account. Some External Services may also charge you sales tax, which could change periodically.
Automatic Renewal
If your purchase includes an automatically renewing subscription, your External Service Account will be charged periodically until you cancel. After your initial subscription period and any subsequent periods, your subscription will automatically continue for the same price and duration unless you cancel it beforehand.
Cancellation
Managing Your Subscription: To cancel, change, or manage your subscription, you must log in to your External Service Account and follow the instructions there, even if you have deleted your Mango Bites account or the app from your device.
Apple Subscriptions: If you subscribed using your Apple ID, cancellations are handled by Apple.
Google Play Subscriptions: If you subscribed on Google Play, cancellations are handled by Google.
Subscription Term: If you cancel, you can continue using the Premium Service until the end of your current billing period. Your subscription will not renew after that.
Chargebacks
If you initiate a chargeback or reverse a payment made through your External Service Account, we may terminate your Mango Bites account immediately. If the chargeback is reversed, please contact us at [email protected]. We will retain any funds charged to your External Service Account until you cancel your subscription through your External Service Account.
6. Account Registration
6.1 Creating an Account: To access certain features of the Mango Bites App, you need to register for a user account ('Account'). Please provide accurate, complete, and up-to-date information during registration. Failure to do so may result in the suspension of your Account.
6.2 Account Information:
6.2.1You agree not to misrepresent yourself by using someone else's name, email, or phone number.
6.2.2 You agree not to use offensive, vulgar, obscene, or fictitious names as your username.
6.3 Account Security: You are solely responsible for all activity on your Account. You must not share your password with anyone or allow unauthorized use of your Account. Take necessary measures to protect your password and restrict access to your personal devices.
6.4 Account Changes and Deletion: Notify us immediately if there are any changes in your eligibility to use the Platform, any security breaches, or any unauthorized use of your Account. You can delete your Account through the Platform or by contacting us at [email protected]
6.5 Communication and Notifications: By creating an Account, you agree to receive marketing emails and SMS messages from us. You also agree that any electronic communication from us constitutes legal notice and satisfies any legal notice requirements.
6.6 Subscription Information: When subscribing to our Premium Services, provide accurate, complete, and truthful information. This is necessary for identification and billing purposes. Keep your Subscription Data and other information up-to-date. We reserve the right to suspend or terminate your subscription or Account if you provide inaccurate or incomplete information.
7. Consent for Receiving Electronic Communications
Essential Communications
We may send you electronic communications, such as emails or notifications within the App, for legal and administrative purposes. These may include updates to our Terms & Conditions, Privacy Policy, and other important notices related to the Platform. You cannot opt-out of these essential communications.
Promotional Communications
As a Mango Bites user, you may also receive periodic emails or messages about new product offers, promotions, or other information we believe might interest you.
Opting Out
You can choose to stop receiving these promotional messages at any time by:
Following the unsubscribe instructions included in each email or message.
Adjusting your communication preferences within your Mango Bites account settings.
Withdrawal of Consent
If you wish to withdraw your consent for receiving any electronic communications from Mango Bites, you can send an email to [email protected]
Please note that withdrawing your consent for promotional communications will not affect the legal validity of any agreements you've previously made with us electronically. However, withdrawing consent for all electronic communications may impact your ability to use the Platform, and we may need to terminate your account or access to certain services.
8. Prohibited Activities
As a user of the Platform, you agree not to:
8.1 Systematically retrieve data or other Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Mango Tech LLC.
8.2 Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user Accounts by automated means or under false pretenses.
8.3 Use a buying agent or purchasing agent to make purchases on the Platform.
8.4 Use the Platform to advertise or offer to sell goods and services.
8.5 Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content on the Platform or enforce limitations on the use of the Platform and/or its content.
8.6 Engage in unauthorized framing of or linking to the Platform.
8.7 Trick, defraud, or mislead other users of the Platform and Mango Bites, especially in any attempt to learn sensitive account information such as user passwords.
8.8 Make improper use of our support services or submit false reports of abuse or misconduct.
8.9 Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
8.10 Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
8.11 Attempt to impersonate another user or person, or use the username of another user.
8.12 Sell or otherwise transfer your profile.
8.13 Use any information obtained from the Platform to harass, abuse, or harm another person.
8.14 Use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Platform Content for any revenue-generating endeavor or commercial enterprise.
8.15 Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform or any portion of the Platform.
8.16 Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you.
8.17 Delete the copyright or other proprietary rights notice from any Platform Content.
8.18 Copy or adapt the Platform’s software, including but not limited to PHP, HTML, CSS, JavaScript, or other code.
8.19 Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
8.20 Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').
8.21 Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
8.22 Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.
8.23 Use the Platform in a manner inconsistent with any applicable laws or regulations.
9. License
Limited License
Subject to these Terms, Mango Tech LLC grants you a limited, revocable, non-sublicensable, non-exclusive, and non-transferable license to use the Mango Bites App (and any downloadable content within the App) solely for your personal, non-commercial use in accordance with these Terms.
Restrictions
You are expressly prohibited from using, reproducing, modifying, distributing, or storing any content from the App for any purpose other than using the App as permitted by these Terms, unless you have obtained prior written permission from Mango Tech LLC. Any commercial use of the App or its content, including reproduction, duplication, modification, sale, distribution, or exploitation, is strictly prohibited without our written consent.
10. Disclaimer Regarding Nutritional Information
Mango Bites strives to provide accurate and up-to-date nutritional information, but we cannot guarantee its absolute accuracy, completeness, or usefulness. You are solely responsible for evaluating the suitability and reliability of any nutritional information found within the App. Mango Tech LLC shall not be held liable for any damages or losses arising from your reliance on such information.
Additionally, the nutritional information provided in the App is for informational purposes only and should not be considered a substitute for professional medical or dietary advice. Always consult a healthcare professional regarding any health concerns or before making significant dietary changes.
11. Intellectual Property Rights
11.1 Ownership of Platform Content
The Mango Bites App, including its content, graphics, videos, audio, text, and any other digital content (collectively, the 'Platform Content'), is the intellectual property of Mango Tech LLC. This agreement grants you a limited license to use the Platform, not ownership of any Platform Content.
11.2 Restrictions on Use
Except as permitted by applicable law, you may not, directly or indirectly:
Reverse engineer, decompile, disassemble, or attempt to discover the source code or underlying structure of the Platform.
Remove any proprietary notices or labels from the Platform Content.
Reproduce, copy, modify, translate, or create derivative works based on the Platform Content.
Distribute, sell, assign, or otherwise transfer rights to the Platform Content.
Use automated agents or scripts to create multiple accounts, generate automated searches or queries, or extract data from the Platform without our written permission.
Allow third parties unauthorized access to the Platform or its content.
11.3 Mango Bites Trademarks and Logos
You acknowledge that the Mango Bites App, its name, logo, and all related products, names, design marks, and slogans are the property of Mango Tech LLC or its affiliates (the 'Marks'). You may not use any of the Marks for commercial purposes without our prior written consent.
11.4 User Content
'User Content' refers to any content, information, or materials (such as text, graphics, photos, and data) that you upload, send, display, or transmit through the Platform. This includes any personally identifiable information you provide, as well as any content you contribute, such as comments, suggestions, or recipes.
11.5 License to User Content
By submitting User Content, you grant Mango Tech LLC a royalty-free, perpetual, irrevocable, sublicensable, assignable, non-exclusive, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly display, and otherwise use your User Content in any form, media, or technology now known or later developed. You also waive any 'moral rights' you may have in your User Content.
11.6 Mango Bites' Right to Manage User Content
Mango Bites reserves the right to remove, suspend, edit, or modify any User Content at its sole discretion, without prior notice, and for any reason. This includes instances where we receive claims or allegations from third parties or authorities relating to such User Content, or if we believe you might have violated these Terms & Conditions. We also reserve the right to access, read, preserve, and disclose any information as necessary to:
Comply with applicable laws, regulations, legal processes, or governmental requests.
Enforce these Terms & Conditions, including investigating potential violations.
Detect, prevent, or address fraud, security, or technical issues.
Respond to user support requests.
Protect the rights, property, or safety of Mango Tech LLC, its users, and the public.
11.7 User Responsibility for Content
You acknowledge that all User Content is the sole responsibility of the person who created or provided it. You are entirely responsible for any User Content you share, upload, email, or transmit through the Platform. We do not control or guarantee the accuracy, integrity, or quality of User Content posted by others. While we have community guidelines, you may encounter content that you find objectionable or offensive.
11.8 No Obligation to Monitor
Mango Bites has no obligation to monitor User Content and is not responsible or liable for any information provided in such content, including errors, omissions, or any damages resulting from its use. We are not obligated to keep copies of any content we remove from the Platform.
11.9 Feedback
Any comments, ideas, or reports you provide to us ('Feedback') become the property of Mango Tech LLC. You irrevocably transfer and assign all associated intellectual property rights to us. However, you remain free to use such Feedback in the ordinary course of your business.
11.10 Copyright Infringement
We respect intellectual property rights. If you believe any content on our Platform infringes a copyright you own or control, please contact us at [email protected].
12. Protection of Intellectual Property
12.1 General
It is our policy to restrict access to the Mango Bites App for users who infringe on the intellectual property rights of others. We may terminate your account if we determine that you are engaging in such activities. If you believe any content on our Platform infringes a copyright you own or control, please contact us at [email protected].
12.2 DMCA Notification
If you are a copyright owner or an authorized agent and believe that any content on the Mango Bites App infringes upon your copyright, you may submit a notification under the Digital Millennium Copyright Act ('DMCA') by providing us with the following information in writing:
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Platform (providing the URL(s) of the allegedly infringing material satisfies this requirement).
Your contact information, including your address, telephone number, and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Your physical or electronic signature.
Please send all DMCA notices to: [email protected].
12.3 Counter-Notice
If you believe that any of your User Content was removed or disabled in error or misidentification, you may send us a counter-notice. Mango Bites' decision regarding any counter-notice shall be final.
13. User Content and Community Standards
13.1 User Content Standards: These standards apply to any and all User Content and use of interactive services within the Mango Bites App. User Content must comply with all applicable laws and regulations. Without limitation, User Content must not:
13.1 Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
13.2 Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
13.3 Infringe any patent, trademark, trade secret, copyright, or other intellectual property or rights of any other person.
13.4 Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to civil or criminal liability under applicable laws or regulations or that otherwise conflicts with these Terms.
13.5 Contain images or videos of persons without their consent.
13.6 Be likely to deceive any person.
13.7 Involve illegal drugs, narcotics, steroids, controlled substances, or similar products; legal substances that mimic illegal drugs; or any products, medical practices, or related equipment deemed harmful by regulatory bodies.
13.8 Promote any illegal activity or advocate, promote, or assist any unlawful act.
13.9 Cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy any other person.
13.10 Involve funding a ransom, human trafficking or exploitation, vigilantism, bribes, or bounty.
13.11 Impersonate any person or misrepresent your identity or affiliation with any person or organization.
13.12 Involve or promote terrorism or any activity that promotes war, genocide, or weapons.
13.13 Involve annuities, investments, loans, equity or lottery contracts, lay-away systems, offshore banking, money service businesses, pyramid schemes, 'get rich quick' schemes, network marketing, referral marketing programs, or debt collection.
13.14 Involve circumventing the designated payment methods provided by Mango Bites.
13.15 Involve credit repair or debt settlement services.
13.16 Involve products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party.
13.17 Involve the illegal sale or resale of brand-name or designer products or services.
13.18 Involve any activity that we may deem, in our sole discretion, to be in support of individuals and/or entities associated with alleged financial crimes, including but not limited to corruption, bribery, tax evasion, fraud, and similar activities.
13.19 Involve any election campaigns that are not run by a registered organization within the supported country.
13.20 Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
13.21 Involve any other activity that we may deem, in our sole discretion, to be unacceptable.
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www.morgangenser.com/portfolio/DO.html
www.gijobs.com/terms-of-use/
14. Monitoring and Enforcement
14.1 Mango Bites' Rights:
14.1.1 Mango Bites has the right to remove or refuse to post any User Content for any reason, or no reason, at our sole discretion.
14.1.2 We may take any action we deem necessary or appropriate regarding User Content, including if we believe it violates these Terms, infringes any intellectual property or other rights, threatens the safety of users or the public, or could create liability for us.
14.1.3 We may disclose your identity or other information about you to any third party who claims that your User Content violates their rights, including intellectual property or privacy rights.
14.1.4 We may take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Platform.
14.1.5 We may terminate or suspend your access to all or part of the Platform for any reason, including any violation of these Terms.
14.2 Cooperation with Law Enforcement
We have the right to fully cooperate with law enforcement authorities or court orders requesting or directing us to disclose information about anyone posting materials on or through the Platform.
14.3 User Responsibility for Content
You understand that you may be held legally responsible for damages caused by your User Content that is considered defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, Mango Tech LLC is not legally responsible for such User Content.
14.4 Waiver of Claims
You irrevocably waive and release Mango Tech LLC and its affiliates, licensees, and service providers from any claims, damages, liabilities, and costs resulting from any action taken by us or them during, or as a consequence of, investigations by us, them, or law enforcement authorities.
14.5 No Obligation to Pre-Screen or Monitor
We do not pre-screen User Content and cannot guarantee the prompt removal of objectionable material. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
15. Third-Party Services
15.1 Links to Other Websites
The Mango Bites App may contain links to other websites, services, or resources on the Internet. These third-party resources are not under our control, and we are not responsible for their content, functionality, accuracy, legality, appropriateness, or any other aspect. The inclusion of any such link does not imply our endorsement or any association with their operators.
15.2 No Liability for Third-Party Content
Mango Bites cannot review or control all materials, including computer software, goods, or services, made available on or through third-party websites. We are not responsible for and do not endorse any content, advertising, products, or other materials on or available from such websites. We are not liable for any damages resulting from your use of or reliance on such materials.
15.3 User Responsibility
You agree that you access and use third-party websites or resources at your own risk. You are solely responsible for protecting yourself and your computer systems from harmful content, such as viruses or malware. You are also responsible for any downloading, use, or purchase of material that is objectionable, unlawful, contains errors, violates the rights of third parties, or is subject to additional terms and conditions.
15.4 Financial Transactions and Liabilities
You are responsible for all financial charges or liabilities resulting from any transactions or other activities you engage in on third-party websites.
15.5 Review Third-Party Policies
Before using any third-party website, you should carefully review their terms of use and privacy policies.
16. Limitation of Liability
16.1 Disclaimer of Liability
In no event shall Mango Tech LLC, its members, managers, officers, directors, employees, agents, partners, suppliers, vendors, or content providers be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the Services for:
16.1.1 Any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory, or consequential damages of any kind whatsoever, even if foreseeable.
16.1.2 Any bugs, viruses, Trojan horses, or the like (regardless of the source of origin).
16.1.3 Any direct damages.
The foregoing limitations shall not apply to the extent prohibited by applicable law.
17. Warranty Disclaimer
17.1 No Warranties
The Mango Bites App and its services are provided 'as is' and 'as available.' Your use of the App is at your sole risk. Mango Tech LLC makes no warranties, express or implied, regarding the App, including but not limited to:
Warranties of title or accuracy.
Implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Warranties implied by any course of performance or usage of trade.
The only exception is for warranties that cannot be expressly excluded under applicable law.
17.2 Specific Disclaimers
Mango Tech LLC, its employees, agents, partners, and content providers do not warrant that:
The App will be secure or available at any particular time or location.
Any defects or errors will be corrected.
Any content or software available through the App is free of viruses or other harmful components.
Any information provided is complete, accurate, up-to-date, or reliable.
Any service, content, or product referenced in the App is safe, appropriate, or effective for you or your employees.
The results of using the App will meet your requirements.
The use of the App will comply with any laws, rules, regulations, or best practices, including privacy laws, professional licensure, or reimbursement.
The use of the App will not result in any legal duties or liability.
Any particular content or material will be made available through the App.
16. Release
To the fullest extent permitted by applicable law, you hereby release Mango Tech LLC, its affiliates, and all other users of the Mango Bites App from any and all claims, causes of action, liability, expenses, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, including claims of negligence, that may arise from or relate to your use of, inability to use, or reliance on the App, including any disputes between users or the acts or omissions of third parties.
18. Termination
18.1 Term of Agreement
These Terms and Conditions remain in effect for as long as you use the Mango Bites services, including the website and mobile apps. Mango Tech LLC reserves the right to terminate your access to the services at any time, in accordance with these Terms and Conditions.
18.2 Effects of Termination
Upon termination of these Terms and Conditions, all rights and licenses granted to you, including your right to use the Mango Bites App and services, will automatically terminate. However, certain provisions, such as those related to intellectual property, disclaimers, limitations of liability, user content license, governing law, and venue, will survive termination.
Mango Tech LLC reserves the right to take measures to prevent unauthorized use of the services, which may include technological barriers like IP blocking and contacting your internet service provider.
18.3 Legal Action and Indemnification
If Mango Tech LLC takes legal action against you for violating these Terms, you agree to reimburse us for our reasonable costs and attorney's fees associated with such action.
In the event of termination, Mango Tech LLC, its affiliates, and personnel shall have no further liability or responsibility to you or any other party.
19. Dispute Resolution
19.1 Arbitration
Any disputes arising between you and Mango Tech LLC, or any of our officers, directors, or employees acting in their official capacity (whether or not such dispute involves a third party), will be resolved exclusively through binding arbitration, except as outlined below. Arbitration generally offers more limited discovery and appeal rights compared to court proceedings.
19.2 Exceptions to Arbitration
Notwithstanding the above, both you and Mango Tech LLC retain the right to:
Bring an individual action in small claims court.
Pursue enforcement actions through applicable federal, state, or local agencies if available.
Seek injunctive relief in a court of law.
File a lawsuit in a court of law to address intellectual property infringement claims.
19.3 Arbitration Process
Notice of Arbitration: If either party intends to seek arbitration, they must first send a written notice of the dispute to the other party by certified U.S. Mail or Federal Express (signature required), or by email if a physical address is not available. Mango Tech LLC's email address for such notices is: [email protected].
Notice Content: The Notice of Arbitration must describe the nature and basis of the claim or dispute and state the specific relief sought ('Demand').
Good Faith Negotiation: Both parties agree to attempt to resolve the dispute directly in good faith. If no resolution is reached within 60 days of receiving the Notice of Arbitration, either party may initiate arbitration proceedings.
19.4 Arbitration Rules and Confidentiality
Governing Rules: Any arbitration will be conducted under the Federal Arbitration Act and administered by the American Arbitration Association ('AAA') under its Consumer Arbitration Rules, as modified by these Terms and Conditions. The AAA Rules are available at www.adr.org.
Confidentiality: All arbitration proceedings and settlement offers will remain confidential unless required by law or requested by law enforcement or a court.
19.5 Arbitration Hearing and Decision
Location: Any arbitration hearing will take place at a mutually agreed-upon location in Cheyenne, Wyoming, United States.
Frivolous Claims: If the arbitrator finds that your claim or the relief sought is frivolous or brought for an improper purpose, you will be responsible for all arbitration fees, as outlined in the AAA Rules.
Written Decision: The arbitrator must issue a written decision explaining the essential findings and conclusions on which the decision and any award are based.
Fee Disputes: The arbitrator can rule on fee payment and reimbursement disputes at any time during the proceedings and upon request from either party within 14 days of the arbitrator's ruling on the merits.
20. Class Action Waiver
You and Mango Tech LLC expressly waive the right to bring or participate in any class action lawsuit or class-wide arbitration. Any disputes will be resolved individually, and neither you nor Mango Tech LLC will participate as a plaintiff or class member in any purported class or representative proceeding. An arbitrator may not consolidate more than one person's claims or preside over any form of a representative or class proceeding unless both you and Mango Tech LLC agree in writing.
21. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions. You agree that any dispute arising from or relating to these Terms will be subject to the exclusive jurisdiction and venue of the state and federal courts located in Cheyenne, Wyoming.
22. Modification
22.1 Right to Modify
Mango Tech LLC reserves the right to modify or replace any of these Terms, or to suspend, change, or discontinue the Platform (including any features, content, or database) at any time. We may notify you of such changes by posting a notice on the Platform, sending you an email, or through other communication methods. We may also impose limits on certain features or services or restrict your access to parts or all of the Platform without notice or liability.
22.2 Your Responsibility
While we strive to provide notice of modifications, it is your responsibility to review these Terms periodically. Your continued use of the Platform after any changes to the Terms constitutes your acceptance of those modifications.
23. Miscellaneous
23.1 Entire Agreement and Severability
These Terms constitute the entire agreement between you and Mango Tech LLC regarding the Mango Bites App and supersede all prior or contemporaneous communications and proposals, whether oral, written, or electronic. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. The failure of either party to exercise any right provided in these Terms shall not constitute a waiver of any further rights.
23.2 Relationship of the Parties
You and Mango Tech LLC are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties. You have no authority to bind Mango Tech LLC in any way.
23.3 Force Majeure
Mango Tech LLC shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is due to circumstances beyond our reasonable control, including but not limited to:
Mechanical, electronic, or communications failure or degradation.
Denial-of-service attacks.
Failure of third-party hosting or utility providers.
Strikes, shortages, riots, fires, acts of God, war, terrorism, or governmental action.
23.4 Assignment
These Terms are personal to you and may not be assigned, transferred, or sublicensed by you without our prior written consent. Mango Tech LLC may assign, transfer, or delegate any of its rights and obligations under these Terms without your consent.
23.5 Notices
All notices under these Terms must be in writing. Notices to Mango Tech LLC should be sent via email to [email protected]. To be effective, you must ensure written confirmation of receipt for any notice sent to us. Notices to you will be sent to the email address associated with your account and are considered effective upon transmission.
23.6 No Waiver
Our failure to enforce any part of these Terms does not waive our right to later enforce that or any other part of these Terms. A waiver of compliance in any particular instance does not mean that we will waive compliance in the future.
23.7 Interpretation
The section headers in these Terms are for convenience only and do not affect their interpretation.
24 Disclaimer Regarding AI-Generated Information
Mango Bites utilizes artificial intelligence (AI) to provide various features and recommendations within the App. However, Mango Tech LLC makes no representations or warranties regarding the accuracy, completeness, or reliability of any AI-generated information, suggestions, or outputs. The AI is intended for informational and support purposes only and should not be considered a substitute for professional medical or dietary advice.
You acknowledge that any reliance on AI-generated information is at your own risk. Mango Tech LLC shall not be held liable for any damages, losses, or adverse consequences arising from your use of or reliance on such information. It is your responsibility to consult with qualified professionals, such as healthcare providers or registered dietitians, for personalized guidance and to verify the accuracy of any information provided by the AI.
25. Contact
You can contact us through the Mango Bites App
Mango Tech LLC 2232 Dell Range Blvd Ste 242 #5071 Cheyenne, WY 82009 United States