The EatBy App is exclusively licensed for distribution and operational maintenance to EatBy.
Food safety is very important. The Eat By App is designed to help you manage the food in your kitchen and save you money by reducing the amount of food you waste. It should also help you become more aware of the 'Use By' dates on food products. We don't like terms and conditions any more than you do but unfortunately they are necessary in this complicated world! Please read them. This agreement is solely between you, the user and us, the developers of this app. By using the Eat By App ("Application") or any associated intellectual property ("Services") you are affirming that you have read this page, understand it and agree to these terms and conditions. Users who are in breach of our conditions will be denied future access to the EatBy App without refunds for any of the in app purchases.
Scope of License.
We hereby grant you (the User) a limited, revocable, non-exclusive, non-transferable, non-sublicenseable, license solely to use the Application, to install and use the Eat By App and is limited to use of the Eat By App on either any iOS products or Android Products that the end-user owns or controls and as permitted by the Usage Rules set forth in the App Store or Google Play Terms of Service, except that such Licensed Application may be accessed, acquired, and used by other accounts associated with the purchaser via Apple's Family Sharing. A separate license is required for each operating system.
Eat By dates
It is up to you to check that the food you eat is safe and within date. The Eat By App's notification and organiser function is only to serve as a reminder to you to use food before it is past its Best Before or Use By dates. You understand that is your responsibility to always check the dates on the packaging before you use it! Never rely on the EatBy App to determine the freshness of your food or its suitability to eat. You accept that We, the developers of the Eat By App, are not to be held responsible in any way for the food you eat, its freshness or its suitability. You understand and agree that We shall not have any responsibility or be liable for any failure by the Application to notify or remind you of the use by dates.
We collect limited information from you to help us improve our service. We keep your details safe and they will not be disclosed to anyone unless we have your consent.
We will not send you spam or other unwanted information. Very occasionally we may send you information about updates and other brilliant inventions of ours. You will be able to opt out at any time. It is our duty, if asked by you, to provide you with a copy of all information held on our database about you. We will be pleased to do this but, for security, we will only send information by email to your registered login email address.
It's quickest to contact us via the Contact Us form link at the bottom of this page.
56 Hamilton Quay,
We may update these terms and conditions from time to time. When we do, we will revise the updated date at the bottom of this page. Any such revision will be binding and effective immediately upon posting of the revised Agreement on our web site. Terms and conditions published on this website supersede all other Eat By App terms and conditions including those that may be saved locally within the app on your device(s). We may also notify you of changes via your registered login email address. If you do not wish to accept the terms and conditions then you should stop using the EatBy App and remove it from your device. You are advised to read these terms frequently as it is your sole responsibility to keep yourself informed of the changes taking place. Your continued use of the Services shall indicate your acceptance of the new terms.
The item scanner function depends on user input from around the world. If an item is not on our database and you add it then the next user who scans the same item will see the details you have added. You agree not to add irrelevant data, images or messages. Your login details are associated with items you add to the database but your details will NOT be visible to other users. Though we do our best to check, we do not guarantee the quality of user submitted information. If you are unhappy about the product's information you may amend it on your device or contact us.
Wireless Data Services.
The Eat By App requires data transfer between the device it is used on and our servers. Though this should not be an unreasonably large amount of data it is up to you to check that you are not exceeding data limits set by your service provider or in violation of your agreements with your service provider. You understand that this is solely your responsibility and that the developers of the EatBy App can not be held liable for data usage on your device.
In App Purchases.
Various in app purchases may be made from the EatBy App, including an upgrade removes the adverts from the EatBy lists. New functions may be added to future updates that may require additional purchases. Transactions for such purchases will be made in compliance with the distributors' policy.
THE APPLICATION, SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS-IS”. WE EXPRESSLY DISCLAIM ANY WARRANTIES (INCLUDING WITH REGARD TO THE PERFORMANCE OF THE APPLICATION OR SERVICES AND WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. ANY RELIANCE ON THE APPLICATION OR THE SERVICES IS AT VENDOR’S OWN RISK, AND WE DO NOT AND SHALL NOT ACCEPT ANY LIABILITY FOR THE APPLICATION OR THE SERVICES, INCLUDING WITHOUT LIMITATION ANY MISTAKES OR INACCURACIES IN OR MADE AVAILABLE THROUGH THE APPLICATION OR SERVICES.
Our relationship with our distributors.
The Eat By App is available on Apple's App Store and Google Play. Neither Apple or Google is responsible for The Eat By App, any part of it's functionality, warranty, claims, losses, liabilities, damages, costs, expenses or your use of the App. If you are dissatisfied with the Eat by App then Apple and Google may offer refunds in accordance with the law and their policy. You understand that the refund is the full extent of any responsibility Apple or Google have to you as the user of the Eat by App.
Beta versions of the Eat By App may be available only for testing purposes from authorised third party sites and will have their own terms and conditions. The terms and conditions on this page apply only to versions of the Eat By App available from Apple's App store or Google Play.
Limitation of Liability.
You agree that our (the EatBy App developer) entire liability, and your exclusive remedy, with respect to any services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such service(s). We shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of its services or for the cost of procurement of substitute services. The amount you paid for our services will be refunded to you by our distributors in accordance with the law and their policy.
It is unlikely that the Eat By App could ever be used for terrorism, however, we are required to have the following condition included in our terms and conditions:
The end-user must represent and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
Intellectual Property Rights
Uploading images - The EatBy App includes a feature that allows users to add an image to items on the EatBy List. These images are uploaded onto our servers and are visible to other users of the EatBy App. As a user of the EatBy App you agree that images you upload are appropriate, your own, and that we can use and distribute your images freely within the EatBy App, on our website(s) and on any other EatBy App publicity material. In all other respects you maintain copyright to your images. If you own copyright to images that have been uploaded by users without permission then please contact us with details of the associated product.
The Intellectual Property Rights to the Eat By App including icons and logos and the "EatBy App", logo font are owned by EatBy App in accordance with UK law. The EatBy App, logo image and font may be reproduced freely when published with positive information about the Eat By App with a link to either http://www.eatbyapp.com or the EatBy App pages at our distributors. Under any other circumstance you agree to pay EatBy App, in full and without contest, whether or not you use any of our products, an amount that will be invoiced to you by us for any unauthorised use or distribution of our intellectual property including but not limited to software, logo and EatBy App's motif font or anything that may be similar or mistaken for it. This does not apply to information, feedback and reviews left on our website, Apple's App Store, Google Play or any authorised media platform.
The EatBy App database is a public source database with entries made by the users of the app, manufactures and food stores. Food items, product names, descriptions and the respective images have not necessarily been created by EatBy App. EatBy App assumes "fair use” of this information, including food and item images that help serve as a visual aid to users. The majority of users, manufacturers and distributors understand the mutual benefits of allowing product names, descriptions, images (including photographs of packaging), to be uploaded and used within the EatBy App. It is our policy that no item will ever be portrayed in a negative light and that our service is to benefit everyone as fairly as possible. While many manufactures may exploit the EatBy App platform as a source of advertising, we understand that some may prefer not to have images of their packaging used on the EatBy App database. It is our policy that we abide by any request of manufactures to remove unapproved product descriptions and images but we also offer all manufactures, distributors and retailers the facility to freely add, amend or remove their own product information and images.
If you need to contact us to manage your product information then please use the Contact Us form and a representative will be in touch as soon as possible.
We welcome your feedback, we love to hear from you.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Yumicons or our products or Services (collectively, “Feedback”), is non-confidential and will become the sole property of the Yumicons Owners. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. So don’t go thinking we’ll owe you money for suggesting a three eyed banana when one goes viral on Facebook!
Third Party Beneficiaries.
You acknowledge and agree that Apple, Google and their subsidiaries, are third party beneficiaries of the EULA, and that, upon the end-user’s acceptance of the terms and conditions of the EULA, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third party beneficiary thereof.
This document was last updated on April 21, 2018