INDEMNIFICATION

• You agree to defend, indemnify and hold harmless Nourish App Ltd and its licensee and licensors, and their employees, Contributors, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the App, by you or any person using your account and password or b) a breach of these User Terms.

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NOURISH APP LTD’S RESPONSIBILITIES AND LIMITATIONS

• Nourish Ltd tries to provide the App with a reasonable level of skill and care. However, there are certain things that Nourish cannot promise, as described below.

• Your use of the App is at your sole risk. The App is provided on an "AS IS" and "AS AVAILABLE" basis.

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Third- party services

• Third-Party Services and links and subject to such third parties’ terms and conditions.

• You understand that any and all third-party websites, links or data you may access through the App are provided solely as a convenience to you and you access and use them entirely at your own risk.

• Any Third-Party websites, services, data or links that you access through the App are the sole responsibility of the person, company or organisation from which they originated and are subject to such Third-Parties’ terms and conditions.

• The App includes links to Third Party websites and / or apps which are beyond our control. Nourish is not responsible for any data, products or services available outside of The App.

Nourish Team

• Nourish Ltd works with a number of wellbeing experts (“Contributors”). We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any of our Contributors outside of the App content and Information.

• You further acknowledge and agree that Nourish Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available from any Contributor we work with.

No warranties

• Except as expressly set out in these User Terms, neither Nourish nor its Contributors, suppliers, distributors, or investors, make any specific promises about the App or any of the Information available through it.

• Nourish will use a reasonable level of skill and care to try to ensure all the Information within the App is correct, reputable and of appropriate quality, but it does not make any warranties or guarantees in relation to the accuracy or reliability of any Information or content provided through the App.

• You acknowledge that software can never be totally free from bugs and security vulnerabilities. Nourish does not warrant that the App, its servers, the content and Information or emails sent from or on behalf of Nourish App Ltd will be secure, accurate, uninterrupted, free from errors, or free from virus viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

• The App is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Limitations of liability

• Notwithstanding any damages that you might incur, the entire liability of Nourish Ltd and any of its suppliers under any provision of the User Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Service / App.

• In no event shall Nourish App Ltd, nor its directors, employees, partners, Contributors, agents or suppliers be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the App; (ii) any conduct or content of any third party on the App; (iii) any content obtained from using the App; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

• Some countries and jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

TERMINATION:

• These User Terms shall remain in effect until terminated by you or Nourish App Ltd.

• Upon termination of these User Terms, your right to use the App will immediately cease.

• We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the User Terms.

• If you wish to terminate your account, you may simply discontinue using the Service and cancel your subscription. You are solely responsible for any payment methods in place at the time of the cancellation ie. Subscription fees.

• All provisions of the User Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

YOUR SUGGESTIONS

• Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to Nourish App Ltd with respect to the App shall remain the sole and exclusive property of Nourish App Ltd.

• Nourish App Ltd shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

AMENDMENTS TO THE USER TERMS

• We may update these User Terms from time to time for legal or regulatory reasons or to allow the proper operation of the App. Nourish App Ltd reserves the right, at its sole discretion, to modify or replace this User Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

• By continuing to access or use the App after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the App.

GENERAL

• By accessing or using the App you agree to be bound by these Terms. If you disagree with any part of the User Terms then you may not access the App.

• If you breach these User Terms and Nourish chooses to ignore this, Nourish will still be entitled to use its rights and remedies at a later date or in any other situation where you breach these User Terms.

• Nourish shall not be responsible for any breach of these User Terms caused by circumstances beyond its reasonable control.

• Nothing in these User Terms shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded.

• These User Terms shall be governed by the laws of England and Wales, and you agree that any dispute between you and Nourish will be dealt with only by the courts of England and Wales.

• If you have any questions on these User Terms, please contact hello@nourishyourmindapp.com.