ControlMyWeight® Terms & Conditions

Application Disclaimer

Without limiting the generality of Sections d., e. and f. of the Download License:

The ControlMyWeight® application is designed to help User achieve and maintain a healthy weight through better management and tracking of nutrition and exercise activity. However, CalorieKing has no control over, and makes no representations or warranties, expressed or implied, regarding the use by User or User's healthcare provider(s) of the ControlMyWeight® application or the use or interpretation of any information stored on, generated by or received through the ControlMyWeight® application. User is solely responsible for communicating any health related information to (and receiving feedback from) User's healthcare provider(s).

User is solely responsible for reviewing and evaluating the accuracy and relevance of any information stored on, generated by or received through the ControlMyWeight® application. CalorieKing cannot and does not guarantee said accuracy. THE ControlMyWeight® APPLICATION AND ANY INFORMATION STORED ON, GENERATED BY OR RECEIVED THROUGH THE ControlMyWeight® APPLICATION ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING READ OR LEARNED THROUGH THE USE OF THE ControlMyWeight® APPLICATION OR ANY INFORMATION STORED ON, GENERATED BY OR RECEIVED THROUGH THE ControlMyWeight® APPLICATION.

User acknowledges that CalorieKing or its licensors, in their sole discretion, may from time to time make modifications to the ControlMyWeight® application. Such modifications may require corresponding changes to be made in the User's systems. Changes or failure to make timely changes by User may sever or affect User's access to the ControlMyWeight® application. Neither CalorieKing nor its licensors shall be responsible for such effects, and neither CalorieKing nor its licensors shall have any obligation to furnish any maintenance and support services with respect to the ControlMyWeight® application.

The ControlMyWeight® application is intended for educational purposes only. This application is not intended to offer or replace professional medical advice. Please speak to your healthcare provider if you have any health concerns or questions.

Health Disclaimer

The nutrition and fitness information contained herein is provided for general education purposes only. Persons using the data within the ControlMyWeight® application for medical purposes, such as to calculate carbohydrate intake, should not rely solely on the accuracy of the data herein. While the data may be updated periodically, users should independently check food labels or other sources for the latest and most accurate information.

Please consult your healthcare provider prior to making any lifestyle changes. Your healthcare professional is the single best source of information regarding your health. Please consult your healthcare professional if you have any questions about your health or treatment.

The ControlMyWeight® application is supported by the CalorieKing® food database which includes nutritional data provided by third parties. The ControlMyWeight® application and CalorieKing are not and cannot be held responsible for the accuracy or content of this database information.

Any and all liability arising directly or indirectly from the use of the ControlMyWeight® application is hereby disclaimed. The ControlMyWeight® application is provided "as is" and without any warranty expressed or implied. All direct, indirect, special, incidental, consequential or punitive damages arising from any use of the ControlMyWeight® application or data contained herein are disclaimed and excluded.

End User License Agreement

The ControlMyWeight® application and database are protected by copyright and may not be reproduced or used without the expressed written permission of CalorieKing Wellness Solutions Inc. ("CalorieKing"). You may use the ControlMyWeight® application on all iPhone computing devices used for personal use at home or in your place of business. Making additional copies of the software or database, or enabling others to use your registration code(s) or serial number(s), if any, is strictly prohibited. It is also prohibited to give or transfer copies to any person who has not purchased the appropriate license (or agreed to the terms of the download page on the App Store) for the software; to install the software on mobile devices used by individuals who have not purchased the appropriate licenses for the software; or to duplicate the software by any other means including electronic transmission. The software is protected, in its entirety, by copyright laws. The software also contains trade secrets and you may not decompile, reverse engineer, disassemble or otherwise reduce the software to human-perceivable form or disable any functionality that limits the use of the software. You may not modify, adapt, translate, rent or sublicense (including offering the software to third parties on an application service provider or time-sharing basis), assign, loan, resell for profit, or distribute the software, or related materials or create derivative works based upon the software or any part thereof, without the expressed written permission of CalorieKing.

Supplementary End User License Agreement

This Supplementary End User License Agreement ("Supplementary License") is a binding legal agreement between you ("you" or "User") and CalorieKing Wellness Solutions Inc. ("CalorieKing") regarding your use of the ControlMyWeight® software application (the "ControlMyWeight® app" or the "software"). This Supplementary License is intended to supplement the terms of the "Licensed Application End User License Agreement" to which User agreed when downloading the ControlMyWeight® application from the Apple Inc. App Store (the "Download License"). Accordingly, User acknowledges and agrees that (1) the ControlMyWeight® application is the "Licensed Application" as defined in the Download License, (2) User continues to be bound by all the terms of the Download License as well as the supplementary terms in this Supplementary License, and (3) in the event of a conflict between the terms of the Download License and this Supplementary License, the terms of the Download License will control.

Subject to the terms of the Download License as supplemented by this Supplementary License, User is granted a non-transferable, non-exclusive license for the use of the ControlMyWeight® application on any iPhone, iPod Touch or iPad that User owns or controls as permitted by the Download License as supplemented by this Supplementary License including, but not limited to, the Usage Rules set forth in the App Store Terms of Services referenced in the Download License. You may use the ControlMyWeight® application for personal use or in your place of business. The ControlMyWeight® application has been developed by CalorieKing or its licensors and is protected by copyright and may not be reproduced or used without the expressed written permission of CalorieKing. Making additional copies of the software, or enabling others to use your registration code(s) or serial number(s), if any, is strictly prohibited. It is also prohibited to duplicate the software by any other means including electronic transmission. The software also contains trade secrets and you may not decompile, reverse engineer, disassemble or otherwise reduce the software to human-perceivable form or disable any functionality that limits the use of the software. You may not modify, adapt, translate, rent or sublicense (including offering the software to third parties on an application service provider or time-sharing basis), assign, loan, resell for profit, or distribute the software, or related materials or create derivative works based upon the software or any part thereof, without the expressed written permission of CalorieKing.

CalorieKing® is a Registered Trademark owned by CalorieKing. You acknowledge that CalorieKing is an intended third-party beneficiary of the Download License as supplemented by this Supplementary License.

Privacy Policy

Visit www.CalorieKing.com/products/controlmyweight/privacy to view the CalorieKing® Mobile Application Privacy Statement.

Breach of Security

User acknowledges that CalorieKing or its licensors, in their sole discretion, have taken necessary measures to ensure the privacy, integrity and security of the data entered by the user when transmitting that data between the user.s device(s) such as iPhone, iPad, Android, or a web browser and the servers that will host/store the data. Despite these security and privacy measures, it is possible that there can be a breach in the data security resulting from non-malicious actions of CalorieKing or its licensors and/or malicious actions of external parties. Neither CalorieKing nor its licensors shall be responsible for such effects, and neither CalorieKing nor its licensors shall have any obligation to furnish any maintenance and support services with respect to the ControlMyWeight® application.