Bariatric Meal Timer’s Terms & Conditions consist of the following sections:

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– Your use of Bariatric Meal Timer
– Privacy Policy
– License Agreement
– Dispute Resolution and Arbitration
– The auto-renewable nature of subscription

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YOUR USE OF BARIATRIC MEAL TIMER

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Bariatric Meal Timer is intended to enable you to help yourself. It is your own responsibility how you use Bariatric Meal Timer, and your own risk how your use of Bariatric Meal Timer affects you. Under no circumstances can Bariatric Meal Timer replace psychological, psychiatric or other professional diagnosing and/or treatment by trained professionals. Information and content provided through Bariatric Meal Timer is not medical advice, and Bariatric Meal Timer does not provide medical or diagnostic services or prescribe medication. Bariatric Meal Timer can under no circumstances be held liable for the consequences of your use of Bariatric Meal Timer.

By using Bariatric Meal Timer you can and will be exposed to effects that might potentially cause very strong emotional reactions and changes in you. These effects include, but are not limited to, the following:

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A. Informative sentences that might evoke memories or associations that Bariatric Meal Timer cannot control or regulate and which might feel unsettling for you as a user.

B. Language that might activate feelings or emotional moods that Bariatric Meal Timer cannot control or regulate and which might feel unsettling for you as a user.

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Any feeling of discomfort that you might experience in connection with your use of Bariatric Meal Timer must and should make you stop using Bariatric Meal Timer. If, having used Bariatric Meal Timer, you experience mental discomfort, including an urge to damage yourself or others, you must immediately seek professional help from a trained specialist.

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Do not use Bariatric Meal Timer for emergency medical needs. If you are experiencing a medical emergency, including thoughts of harm to yourself or others, please immediately contact emergency medical services such as 911, or a crisis hotline.

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The use of Bariatric Meal Timer could be harmful to persons who suffer from or have suffered from psychological illnesses (“Vulnerable Persons”). Vulnerable Persons therefore cannot use Bariatric Meal Timer.

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Vulnerable Persons are persons who have been admitted to a somatic or psychiatric hospital, casualty ward or similar institution due to a mental illness of any kind.

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Vulnerable Persons are also persons who (a) are or have been diagnosed with or (b) have received or receive treatment for one or more of the following illnesses or comparable illnesses without having been admitted to a hospital: (i) Schizophrenia, (ii) multiple personality disorder, (iii) borderline (borderline psychosis), or (iv) psychosis.

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If you are in doubt whether you are a Vulnerable Person you must seek guidance from a trained professional before using Bariatric Meal Timer.

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LICENSE AGREEMENT

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Bariatric Meal Timer may be obtained via download through either the Apple iTunes App Store (“iTunes”) or the Google Play Store (“Google Play”), depending on the nature and compati-bility of the devices from which you will use or access Bariatric Meal Timer. This paragraph applies to any application version of Bariatric Meal Timer that you acquire from iTunes or Google Play. You are solely responsible for ensuring that your devices are compatible with iTunes or Google Play.

This Agreement is entered into between you and Bariatric Meal Timer. Apple, Inc. (“Apple”) and Google, Inc. (“Google”) (collectively, the “download service providers”) are not parties to this Agreement and shall have no obligations with respect to Bariatric Meal Timer. Bariatric Meal Timer, not Apple or Google, is solely responsible for Bariatric Meal Timer, including any maintenance and support, and the content thereof as set forth hereunder. However, the download service providers, along with their respective subsidiaries, are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, the download service provider used to obtain Bariatric Meal Timer shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary. If Bariatric Meal Timer fails to conform to any applicable warranty, you may notify the download service provider used to obtain Bariatric Meal Timer and they will refund the purchase price (if any) of Bariatric Meal Timer in accordance with their policies, and, to the maximum extent permitted by applicable law, the download service provider used to obtain Bariatric Meal Timer will have no other warranty obligation whatsoever with respect to the application and, as between the download service provider used to obtain Bariatric Meal Timer and Bariatric Meal Timer, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to confirm to any warranty is Bariatric Meal Timer’s responsibility. We both acknowledge that Bariatric Meal Timer, not the download service provider used to obtain Bariatric Meal Timer, is responsible for addressing any end-user or third-party claims related to Bariatric Meal Timer, including, but not limited to: (a) product liability claims, (b) any claim that Bariatric Meal Timer fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar law. Further, we both acknowledge that, in the event of any third-party claim that Bariatric Meal Timer or your possession or use of Bariatric Meal Timer infringes on that third party’s intellectual property rights, as between Bariatric Meal Timer and the download service provider used to obtain Bariatric Meal Timer, Bariatric Meal Timer will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that you are 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 you are not listed on any U.S. Government list of prohibited or restricted parties.

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DISCLAIMERS

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YOUR USE OF BARIATRIC MEAL TIMER IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON, THROUGH, OR IN CONNECTION WITH BARIATRIC MEAL TIMER OR OTHERWISE PROVIDED BY US ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FREEDOM FROM COMPUTER VIRUS, OR WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO BARIATRIC MEAL TIMER. WE DO NOT REPRESENT OR WARRANT THAT BARIATRIC MEAL TIMER OR ANY INOFOR-MATION OR SERVICES WE PROVIDE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT BARIATRIC MEAL TIMER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS OR RELIABILITY OF BARIATRIC MEAL TIMER OR ANY INFORMATION OR SERVICES WE PROVIDE, OR ANY OTHER WARRANTY, THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH BARIATRIC MEAL TIMER MAY BE OUT OF DATE, AND NEITHER BARIATRIC MEAL TIMER NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, PRODUCTS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

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NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BARIATRIC MEAL TIMER OR THROUGH ITS SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

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LIMITATIONS OF LIABILITY

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BARIATRIC MEAL TIMER DOES NOT ASSUME ANY RESPONSIBILITY FOR AND WILL NOT BE LIABLE, FOR ANY DAMAGE TO OR ANY VIRUS THAT MAY INFECT YOUR COMPUTER, EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING BARIATRIC MEAL TIMER, OR YOUR DOWNLOADING OF OR ACCESSING ANY MATERIALS FROM BARIATRIC MEAL TIMER. IN NO EVENT WILL BARIATRIC MEAL TIMER, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF BARIATRIC MEAL TIMER, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF BARIATRIC MEAL TIMER, ANY WEBSITES LINKED TO BARIATRIC MEAL TIMER, OR THE MATERIALS, INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED IN CONNECTION WITH BARIATRIC MEAL TIMER, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. [[YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRE-LY WITH YOU.]] THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

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IN THE EVENT OF ANY PROBLEM WITH BARIATRIC MEAL TIMER OR ANY CONTENT OR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING BARIATRIC MEAL TIMER OR THE CONTENT OR SERVICES.

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TERMINATION

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You or we may suspend or terminate your account or your use of Bariatric Meal Timer at any time, for any reason or for no reason. We may also block your access to Bariatric Meal Timer in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for our users or us; or (d) or as otherwise provided herein or in another incorporated policy. You understand that any termination of your account, by you or us, may involve the permanent deletion of your data. You understand that Bariatric Meal Timer may permanently delete any data you submit through Bariatric Meal Timer at any time without notice. Bariatric Meal Timer will not have any liability whatsoever to you for any suspension or termination, including for deletion of your data.

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DISPUTE RESOLUTION AND ARBITRATION

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If a dispute arises between you and Bariatric Meal Timer, we would like to learn about and address your concerns. Disputes regarding Bariatric Meal Timer may be reported to us at nowasteapp@gmail.com.

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If you and Bariatric Meal Timer are unable to resolve your concerns informally, you and Bariatric Meal Timer each agree that any and all disputes or claims arising out of or relating to these Terms or the relationship between you and Bariatric Meal Timer shall be resolved exclusively through final and binding arbitration, as set forth in this section (“Arbitration Terms”), rather than in court. These Arbitration Terms and any dispute or arbitration hereunder will be conducted under the rules of the International Chamber of Commerce in the English language and shall be governed by the laws of Denmark, without regard to principles of conflict of law, including any applicable statutes of limitations. The proceedings will be before three arbitrators with each party selecting one arbitrator and the two arbitrators so selected to select the third arbitrator. The arbitrators’ award shall be final and binding, and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

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You and Bariatric Meal Timer agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. Unless both you and Bariatric Meal Timer agree otherwise, the arbitrators may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. The arbitrators may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Bariatric Meal Timer users.

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The proceedings shall take place in Copenhagen, Denmark, and attendance at an in-person hearing may be made by telephone by you and/or Bariatric Meal Timer, unless the arbitra-tors require otherwise. The arbitrators shall have the authority to award compensatory damages only and shall not award punitive or exemplary damages. Notwithstanding the foregoing, either party may, at its sole discretion, seek injunctive relief in any court of competent jurisdiction (including, but not limited to, preliminary injunctive relief). The prevailing party in any legal proceeding brought by one party against the other party in a dispute shall be entitled to recover its legal expenses, including, but not limited to, the costs of any court or arbitration proceeding and reasonable attorneys’ fees. Bariatric Meal Timer will advance you any arbitration fees that exceed what you would have had to pay for court proceedings, provided that you shall refund such amounts if Bariatric Meal Timer ultimately prevails in the arbitration.

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If a court decides that any part of these Arbitration Terms is invalid or unenforceable, the other parts of these Arbitration Terms shall still apply.