Terms and Conditions - Screenwise YumEats
Last Updated: October 2024
Introduction
These Terms and Conditions (the “Agreement”) govern the access and use of the Screenwise YumEats application, developed by Screenwise Eating LLC, by any individual (the “User”) and any parent or legal guardian if the User is under the age of 18. By accessing or using the YumEats application, you agree to be bound by these Terms and Conditions, and any parent or guardian agrees to be bound on behalf of any child (the “Child User”), under 18 years old, using the application. Please read this Agreement carefully before accessing or using the application. If you do not agree to these Terms and Conditions, you must discontinue use of the YumEats application immediately.
Background
(A) Screenwise Eating LLC has developed the YumEats application to help children develop better eating habits through the use of incentives that encourage bites of food to be taken at a specified pace. The YumEats application also collects and tracks anonymous data about a Child User's eating metrics.
(B) The YumEats application is designed for use by children under parental supervision. It aims to help children, typically under the age of 14, improve their eating habits but is not intended as a replacement for feeding therapy or the advice of medical or dietary professionals.
(C) Use of the YumEats application involves certain risks to the Child User, including but not limited to risks of choking, behavioral changes, dietary changes, and weight changes. Serious eating challenges require individualized therapeutic or clinical support beyond what the YumEats application is designed to provide.
(D) The YumEats application and its developers, including Screenwise Eating LLC, do not provide medical advice. Users should continue to consult their own healthcare professionals about any medical, dietary or therapeutic concerns relating to their Child User's eating habits and needs.
(E) The YumEats application is not intended to and does not guarantee any specific outcomes or improvements in a Child User's feeding behaviors or eating habits. Any results will vary depending on each individual Child User and situation.
1. Definitions
1.1. “YumEats” means the application, officially named Screenwise YumEats, developed by Screenwise Eating LLC to help children develop healthy eating habits through the use of incentives.
1.2. “User” means an individual accessing or using the YumEats application and includes any parent or legal guardian if a child, under the age of 18, is the primary user of the application.
1.3. “Child User” means any child under the age of 18 who is using the YumEats application
1.4. “Parties” means Screenwise Eating LLC and the User.
1.5. “Agreement” refers to these Terms and Conditions governing the use of the YumEats application.
2. Assumption of Risk
2.1. The User acknowledges and agrees that use of the YumEats application is voluntary and at the User's own risk.
2.2. The User understands and accepts that use of the YumEats application poses certain risks to the Child User, including but not limited to risks of choking, behavioral changes, dietary changes, weight changes, or other risks to the Child User's health, safety, condition or wellbeing.
2.3. The User acknowledges that the YumEats application is not intended as a substitute for individualized therapeutic, medical or dietary advice, assessment, diagnosis or treatment, especially for children with severe eating challenges.
2.4. The User understands that the YumEats application does not guarantee any specific outcomes or improvements in the Child User's feeding behaviors or eating habits, and that results may vary depending on each individual Child User and situation.
2.5. The User agrees to ensure any food or methods used in conjunction with the YumEats application comply with the Child User's dietary restrictions, nutritional needs, and any medical advice received.
2.6. By downloading and allowing the Child User to use the YumEats application, the User voluntarily accepts and assumes full responsibility for any and all risks to the Child User that may arise and acknowledges their role in supervising a child's use of YumEats.
2.7. Parents or legal guardians of any Child User confirm they are the legal responsible parties and consent to this Agreement on the child's behalf.
3. Disclaimer of Warranties
3.1. Screenwise Eating LLC makes no warranties regarding any specific results or outcomes that may be achieved by a User's child through use of the YumEats application. Whether any improvements in eating behaviors or habits are achieved will depend on each individual child and situation.
3.2. Screenwise Eating LLC makes no warranties regarding the accuracy, reliability, or fitness for any particular purpose of the YumEats application or its information, data, or content, including but not limited to implied warranties of merchantability and non-infringement.
3.3. Screenwise Eating LLC makes no warranties that the YumEats application provides medical or dietary advice. Users shall continue consulting their own healthcare professionals.
3.4. While Screenwise Eating LLC will use commercially reasonable efforts to maintain the YumEats application, it makes no warranties that the YumEats application will be uninterrupted, secure, or free from errors. The application is provided on an "as is" basis.
3.5. Screenwise Eating LLC makes no warranty that the YumEats application or its content does not infringe any third-party intellectual property or other proprietary rights.
3.6. Screenwise Eating LLC may modify, suspend, or discontinue any aspect of the YumEats application at any time without notice or liability to the User.
4. Release of Liability
4.1. User acknowledges and assumes all risks arising from the use of the YumEats application, including any changes or adverse effects on a child's eating behavior, health, or well-being.
4.2. Neither Screenwise Eating LLC nor any of its affiliates shall be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from the use or inability to use the YumEats application, even if advised of the possibility of such damages. This limitation of liability shall not apply to any liability that cannot be lawfully excluded or limited by applicable law.
4.3. The limitation of liability shall apply to the fullest extent permitted by law in the applicable governing jurisdiction, and the maximum aggregate liability shall not exceed the amounts paid by the User to the Company in the twelve (12) months prior to the event giving rise to such liability.
4.4. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
4.5. The User agrees not to pursue any legal claims against Screenwise Eating LLC or its affiliates for any personal injury, bodily harm, or other damages sustained while using the YumEats application, even if such damages or injuries are alleged to be the result of negligence by Screenwise Eating LLC.
5. User Responsibilities
5.1. Users shall ensure any food or methods used in conjunction with the YumEats application comply with their child's known dietary needs, restrictions, and nutritional requirements. Users shall be solely responsible for determining the appropriateness and safety of any food or activity for their child.
5.2. Users agree to strictly follow all instructions, guidelines, terms of use and other documentation provided by Screenwise Eating LLC in relation to the proper use and supervision of children during the YumEats application.
5.3. Users acknowledge that the YumEats application does not replace advice from medical or dietary professionals. Users shall not use the YumEats application without first consulting their child's doctors or dietitians, especially for children with serious eating challenges.
5.4. Users understand that Screenwise Eating LLC and the YumEats application cannot control for all potential risks, and Users agree to assume any and all risks of use that are not due to any defects in the YumEats application or negligence on the part of Screenwise Eating LLC.
6. Parental Supervision
6.1. The YumEats application is intended to be used by children ONLY UNDER THE ACTIVE SUPERVISION OF A PARENT OR LEGAL GUARDIAN. Users agree that they will ensure their child is CONTINUOUSLY SUPERVISED while using the application, including during all eating activities and use of any content provided through the app.
6.2. Parents and legal guardians are solely responsible for monitoring their child's use of the YumEats application to ensure it is used safely, appropriately, and in accordance with their child’s needs and any guidance from medical professionals.
6.3. Parents and legal guardians are responsible for ensuring that their child is safely consuming food, including watching each bite and confirming that the child has fully chewed and swallowed the food to prevent choking or other safety risks.
6.4. Parents and legal guardians must closely monitor the child’s eating process, ensuring that all food is consumed in a safe manner, including verifying that food is fully swallowed before proceeding with additional bites.
6.5. Screenwise Eating LLC shall not be held liable for any injuries, incidents, or adverse effects resulting from a lack of supervision during the use of the YumEats application.
7. Data Collection and Privacy
7.1. Screenwise Eating LLC collects, processes, and stores anonymous data as part of the YumEats application. Screenwise Eating LLC complies with all applicable data protection and privacy laws, including but not limited to COPPA and GDPR. Users are encouraged to review the Privacy Policy for more information.
8. Termination of Agreement
8.1. Either party may terminate this Agreement at any time by discontinuing the use of the YumEats application. Screenwise Eating LLC reserves the right to suspend or terminate access to the YumEats application at its sole discretion, including but not limited to violations of this Agreement or misuse of the application.
9. Limitations on Remedies
9.1. To the fullest extent permitted by law, the User agrees that any remedy available to them will be limited to the amount paid, if any, for the use of the YumEats application.
10. Force Majeure
10.1. Neither Party shall be liable for any failure or delay in performance under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes, pandemics, or government regulations.
11. Governing Law
11.1. This Agreement shall be governed by and construed in accordance with the laws of the United States of America, without reference to its conflicts of law provisions.
11.2. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the United States federal courts and agrees to bring any action, lawsuit or proceeding arising out of or relating to this Agreement or the YumEats application in those courts.
11.3. Any action arising under or relating to this Agreement must be brought in a United States federal court of competent jurisdiction located in Pennsylvania. The parties consent to the jurisdiction and venue of such courts.
12. Entire Agreement
12.1. Integration. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements between the Parties, whether written or oral, relating to the subject matter of this Agreement.
12.2. Modification. This Agreement may only be modified or amended by a written document that is acknowledged by the Parties through their acceptance of the modified terms within the YumEats application.
12.3. Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
12.4. No Reliance on Extrinsic Evidence. The Parties acknowledge that they have read this Agreement, understand it, and agree to be bound by its terms and conditions. The Parties further agree they are not relying on any representations or statements made by the other Party which are not expressly contained in this Agreement.
12.5. Headings. Headings and captions contained in this Agreement are for reference purposes only and are not intended to affect the meaning or interpretation of this Agreement.
13. Indemnification
13.1. The User agrees to defend, indemnify, and hold harmless Screenwise Eating LLC, its parents, subsidiaries, affiliates, and each of their respective officers, directors, employees, agents, and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of or in connection with:
(a) Any breach by the User or any Child User of these Terms and Conditions.
(b) Any violation of the User's obligations, representations, and warranties under this Agreement;
(c) Any claims related to the User’s or Child User’s use of the YumEats application.
(d) Any claim that the User or Child User caused harm to another individual during the use of the YumEats application.
(e) Any breach of applicable laws, rules, or regulations by the User.
(f) Any third-party claims arising from the User's use of the YumEats application or any violation of this Agreement.
14. Dispute Resolution
14.1. If a dispute arises between you and Screenwise Eating LLC relating to or arising out of these Terms, both parties agree to first attempt to resolve the dispute amicably. The party raising the dispute shall initiate this process by notifying the other party. The receiving party will have 60 days to respond. If the dispute is not resolved after this period, either party may proceed to arbitration.
14.2. Any disputes not resolved through the informal resolution process will be settled by binding arbitration conducted in accordance with the rules of the American Arbitration Association (AAA). The arbitration will take place in Pennsylvania, and the decision of the arbitrator will be final and binding on both parties.
14.3. The User agrees that any arbitration or proceeding will be conducted on an individual basis and not as a class action or other representative action. The User expressly waives the right to file a class action or seek relief on a class basis.
14.4. Each party shall bear its own costs and expenses related to arbitration, except that the parties shall share equally the fees and costs of the arbitrator.
14.5. The User and Screenwise Eating LLC agree that any legal action or proceeding arising out of or relating to these Terms must be initiated within one (1) year from the date of the occurrence of the event or facts giving rise to the dispute. If not initiated within this time frame, you waive the right to pursue any claim based on such events, and the claim will be permanently barred.
15. Waiver of Jury Trial
15.1. The Parties hereby waive their right to a trial by jury in any litigation or arbitration proceeding arising out of or related to this Agreement or the use of the YumEats application, including any claims of negligence, breach of contract, or tort claims. This waiver applies to all disputes that may be subject to arbitration or litigation.
Acknowledgement
By clicking "I agree to the terms and conditions and privacy policy" you acknowledge that you have read, understood, and agree to be bound by our Terms and Conditions. You also confirm that you have the legal authority to consent to this Agreement, either on your own behalf or on behalf of a child, under the age of 18.
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