Terms and Conditions of Neatsy
These Terms govern
the use of Neatsy, and, any other related Agreement or legal relationship with the Owner in a legally
binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
Although the entire contractual relationship relating to these Products is entered into solely by the
Owner and Users, Users acknowledge and agree that, where Neatsy has been provided to them via the
Apple App Store, Apple may enforce these Terms as a third-party beneficiary.
Neatsy is provided by:
Neatsy inc.
101 Jefferson Dr,
Menlo Park, California, 94025,
Owner contact email: support@neatsy.ai
The following documents are incorporated by reference into these Terms:
Health Features Disclaimer
Neatsy encourages you to consult with your healthcare provider before using the Service. You represent
that you are in good enough health to begin using the Service, which may include changes to your diet or
level of physical activity, among other things. If you have been diagnosed with a health condition that
may be impacted by the Service, you represent that you have obtained express approval from a
healthcare professional to use the Service. The Service requires your active engagement and
participation. You understand that, despite your efforts, individual users’ results will vary for a variety of
reasons and Neatsy cannot guarantee that you will achieve your health goals.
THE SERVICE DOES NOT INCLUDE THE PROVISION OF MEDICAL CARE BY NEATSY OR ANY THIRD PARTY.
NEATSY IS NOT A LICENSED MEDICAL CARE PROVIDER, AND OUR SPECIALISTS ARE NOT ACTING IN A
HEALTH CARE PROFESSIONAL CAPACITY. OUR SPECIALISTS DO NOT PROVIDE ANY MEDICAL OR CLINICAL
SERVICES AND DO NOT DIAGNOSE, TREAT OR MANAGE ANY ILLNESS, DISEASE, OR CONDITION. NEATSY
AND OUR SPECIALISTS DO NOT HAVE EXPERTISE IN DIAGNOSING, EXAMINING, OR TREATING MEDICAL
CONDITIONS OF ANY KIND, OR IN DETERMINING THE EFFECT OF ANY SPECIFIC EXERCISE ON A MEDICAL
CONDITION. YOU SHOULD NOT CHANGE YOUR TREATMENT OR CARE PLAN, MEDICATION, OR THERAPY
BASED ON INFORMATION YOU RECEIVED THROUGH THE SERVICE OR FROM ONE OF OUR SPECIALISTS.
CONSULTATION WITH OUR SPECIALISTS IS SUPPLEMENTAL TO ANY TREATMENT OR CARE PROVIDED BY
YOUR HEALTH CARE PROVIDER AND SHOULD NOT REPLACE REGULAR MEDICAL VISITS WITH YOUR
HEALTH CARE PROVIDER. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH
CARE PRACTITIONER REGARDING YOUR MEDICAL CONDITION OR THE USE (OR FREQUENCY) OF ANY
MEDICATION OR MEDICAL DEVICE. INFORMATION PROVIDED BY OUR SPECIALISTS IS OFFERED FOR
INFORMATIONAL PURPOSES ONLY AND IS NOT A RECOMMENDATION OR ENDORSEMENT OF ANY DRUG,
DEVICE, OR TREATMENT, OR REPRESENTATION THAT A PARTICULAR DRUG, DEVICE, OR TREATMENT IS
SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. QUESTIONS REGARDING ANY DRUG, DEVICE, OR
TREATMENT SHOULD BE DIRECTED TO YOUR HEALTHCARE PROVIDER. NEVER DISREGARD PROFESSIONAL
MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION
WITH THE SERVICE. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY
QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR CONDITION OR EXPERIENCE ANY CHANGES IN
YOUR CONDITION OR HEALTH STATUS. THE SERVICE DOES NOT INCLUDE EMERGENCY, TIME-SENSITIVE
OR URGENT, REMOTE OR CRITICAL CARE SERVICES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY,
CALL 911 OR GO TO THE NEAREST OPEN EMERGENCY ROOM IMMEDIATELY.
Shoes fit disclaimer
Neatsy analyzes data on the preferences of different customers and tests how convenient it will be for
people with different parameters to use a certain pair of shoes. Based on overall data analysis, the
average values are rendered as output. There is a possibility of statistical error, and individual
preferences may differ from the average preferences.
In case the shoes don’t fit you, you can contact the store and get a refund or exchange the shoes for
ones of different sizes in accordance with the legislation of the seller and(or) the buyer.
Neatsy cannot influence the seller in questions of the shoe exchange or the refund questions.
Neatsy does not bear the responsibility for the fact that the recommended pair of shoes don’t fit you.
Termination of Service
You agree that Neatsy in its sole discretion, has the right (but not the obligation) to delete or deactivate
your account, block your email or IP address, or otherwise terminate your access to or use of the Service
(or any part thereof), immediately and without notice, and remove and discard any Content within the
Service, for any reason, including, without limitation, if Neatsy believes that you have violated these
Terms. Further, you agree that Neatsy shall not be liable to you or any third party for any termination of
your access to the Service. Further, you agree not to attempt to use the Service after said termination.
Third-Party Research
Neatsy does not sell user data to third parties. We give users the option to export their own data and
share it with third parties if they wish to do so. Neatsy may share aggregated and/or anonymized user
data, which cannot be reasonably used to identify you, with third parties for research purposes if such
research can help us provide our users with better services or improve the app’s functionality. We also
reserve the right to use aggregated, statistically reworked, and/or anonymized user data, which cannot
be reasonably used to identify you, to publish research that contributes to open science.
Neatsy is not a medical app and is not intended for medical purposes of any kind. Our analysis of the
condition of your feet (incl. but not limited to flat feet, pronation, hallux valgus) and other lifestyle data
is intended to be used for recreational purposes only, to help you live a healthier life. It should not be
assumed to be exceptionally accurate and can not be used for any medical purposes or to diagnose,
treat, cure or prevent any disease or condition.
What the User should know at a glance
The right of withdrawal only applies to European Consumers. The right of withdrawal, also commonly
called the right of cancellation in the UK, is consistently referred to as “the right of withdrawal” within
this document.
Please note that some provisions in these Terms may only apply to certain categories of Users. In
particular, certain provisions may only apply to Consumers or to those Users that do not qualify as
Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence
of any such mention, clauses apply to all Users.
Terms of use
Unless otherwise specified, the terms of use detailed in this section apply generally when using Neatsy.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are
additionally indicated within this document.
By using Neatsy, Users confirm to meet the following requirements:
● There are no restrictions for Users in terms of being Consumers or Business Users;
● Users aren’t 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;
● Users aren’t listed on any U.S. Government list of prohibited or restricted parties;
● Users do not use the Service for commercial purposes without entering into a commercial
agreement;
● Our Service does not address anyone under the age of 18 ("Children"). We do not knowingly collect
personally identifiable information from anyone under the age of 18. If you are a parent or guardian
and you are aware that your Child has provided us with Personal Data, please contact us. If we
become aware that we have collected Personal Data from children without verification of parental
consent, we will take steps to remove that information from our servers.
Account registration
To use the Service Users must register or create a User account, providing all required data or
information in a complete and truthful manner. Failure to do so will cause unavailability of the Service.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are
also required to choose passwords that meet the highest standards of strength permitted by Neatsy.
By registering, Users agree to be fully responsible for all activities that occur under their username and
password.
Users are required to immediately and unambiguously inform the Owner via the contact details
indicated in this document if they think their personal information, including but not limited to User
accounts, access credentials, or personal data, has been violated, unduly disclosed, or stolen.
Conditions for account registration
Registration of User accounts on Neatsy is subject to the conditions outlined below. By registering, Users
agree to meet such conditions.
Accounts registered by bots or any other automated methods are not permitted.
Unless otherwise specified, each User must register only one account.
Unless explicitly permitted, a User account may not be shared with other persons.
Account termination
Users can terminate their account and stop using the Service at any time by doing the following:
By directly contacting the Owner at the contact details provided in this document.
Account suspension and deletion
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice,
User accounts which it deems inappropriate, offensive, or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation,
damages, or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User
from paying any applicable fees or prices.
Content on Neatsy
Unless otherwise specified or clearly recognizable, all content available on Neatsy is owned or provided
by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on Neatsy infringes no
applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a
result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are
kindly asked to preferably report related complaints using the contact details provided in this document.
Rights regarding content on Neatsy - All rights reserved.
The Owner holds and reserves all intellectual property rights for any such content.
Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use
of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth
below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third
parties, or create derivative works from the content available on Neatsy, nor allow any third party to do
so through the User or their device, even without the User's knowledge.
Where explicitly stated on Neatsy, the User may download, copy and/or share some content available
through Neatsy for its sole personal and non-commercial use provided that the copyright attributions
and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Content provided by Users
The Owner allows Users to upload, share or provide their own content to Neatsy.
By providing content to Neatsy, Users confirm that they are legally allowed to do so and that they are not
infringing any statutory provisions and/or third-party rights.
Rights regarding the content provided by Users
Users acknowledge and accept that by providing their own content on Neatsy they grant the Owner a
non-exclusive, fully paid-up, and royalty-free license to process such content solely for the operation and
maintenance of Neatsy as contractually required.
To the extent permitted by applicable law, Users waive any moral rights in connection with the content
they provide to Neatsy.
Users acknowledge, accept and confirm that all content they provide through Neatsy is provided subject
to the same general conditions set forth for content on Neatsy.
Liability for provided content
Users are solely liable for any content they upload, post, share, or provide through Neatsy. Users
acknowledge and accept that the Owner does not filter or moderate such content.
However, the Owner reserves the right to remove, delete, block or rectify such content at its own
discretion and to, without prior notice, deny the uploading User access to Neatsy:
● if any complaint based on such content is received;
● if a notice of infringement of intellectual property rights is received;
● upon order of a public authority; or
● where the Owner is made aware that the content while being accessible via Neatsy, may represent
a risk for Users, third parties, and/or the availability of the Service.
The removal, deletion, blocking, or rectification of content shall not entitle Users that have provided
such content or that are liable for it, to any claims for compensation, damages, or reimbursement.
Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered
due to content they provided to or provided through Neatsy.
Access to external resources
Through Neatsy Users may have access to external resources provided by third parties. Users
acknowledge and accept that the Owner has no control over such resources and is therefore not
responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any
possible grant of rights in content, result from each such third parties’ terms and conditions or, in the
absence of those, applicable statutory law.
Acceptable use
Neatsy and the Service may only be used within the scope of what they are provided for, under these
Terms and applicable law.
Users are solely responsible for making sure that their use of Neatsy and/or the Service violates no
applicable law, regulations, or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate
interests including by denying Users access to Neatsy or the Service, terminating contracts, reporting any
misconduct performed through Neatsy or the Service to the competent authorities – such as judicial or
administrative authorities - whenever Users engage or are suspected to engage in any of the following
activities:
● violate laws, regulations, and/or these Terms;
● infringe any third-party rights;
● considerably impair the Owner’s legitimate interests;
● offend the Owner or any third party.
TERMS AND CONDITIONS OF SALE
Paid Products
Some of the Products provided on Neatsy, as part of the Service, are provided on the basis of payment.
The fees, duration, and conditions applicable to the purchase of such Products are described below and
in the dedicated sections of the Neatsy or Neatsy website.
To purchase Products, the User must register or log into Neatsy.
Product description
Prices, descriptions, or availability of Products are outlined in the respective sections of the Neatsy or
Neatsy website and are subject to change without notice.
While Products on Neatsy are presented with the greatest accuracy technically possible, representation
on Neatsy through any means (including, as the case may be, graphic material, images, colors and
sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
Purchasing process
Any steps that are taken from choosing a Product to order submission form part of the purchasing
process.
The purchasing process includes these steps:
Users must choose the desired Product and verify their purchase selection.
After having reviewed the information displayed in the purchase selection, Users may place the order by
submitting it.
Order submission
When the User submits an order, the following applies:
The submission of the order determines the contract conclusion and therefore creates for the User the
obligation to pay the price, taxes, and possible further fees and expenses, as specified on the order page.
In case the purchased Product requires active input from the User, such as the provision of personal
information or data, specifications, or special wishes, the order submission creates an obligation for the
User to cooperate accordingly.
Upon submission of the order, Users will receive a receipt confirming that the order has been received.
All notifications related to the described purchasing process shall be sent to the email address provided
by the User for such purposes.
Prices
Users are informed during the purchasing process and before order submission, about any fees, taxes,
and costs (including, if any, delivery costs) that they will be charged.
Prices on Neatsy or Neatsy website are displayed:
either exclusive or inclusive of any applicable fees, taxes, and costs, depending on the section the User is
browsing.
Offers and discounts
The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or
discount shall always be subject to the eligibility criteria and the terms and conditions set out in the
corresponding section of the Neatsy or Neatsy website.
Offers and discounts are always granted at the Owner’s sole discretion.
Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the
future.
Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an
offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated
in the Owner’s location details in this document, unless otherwise specified.
Coupons
Offers or discounts can be based on Coupons.
If a breach of the conditions applicable to Coupons occurs, the Owner can legitimately refuse to fulfill its
contractual obligations and expressly reserves the right to take appropriate legal action to protect its
rights and interests.
Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon
displayed on the corresponding information page or on the Coupon itself shall always prevail.
Unless otherwise stated, these rules apply to the use of Coupons:
Each Coupon is only valid when used in the manner and within the timeframe specified on the website
and/or the Coupon;
A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not
permitted;
Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may
only be applied a single time even in cases involving installment-based purchases;
A Coupon cannot be applied cumulatively;
The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the
Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights,
including cash-out;
The User is not entitled to any credit/refund/compensation if there is a difference between the value of
the Coupon and the redeemed value;
The Coupon is intended solely for non-commercial use. Any reproduction, counterfeiting, and
commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the
purchase and/or use of the Coupon.
Methods of payment
Information related to accepted payment methods is made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases,
related information can be found in the dedicated section of the Neatsy or Neatsy website.
All payments are independently processed through third-party services. Therefore, Neatsy does not
collect any payment information – such as credit card details – but only receives a notification once the
payment has been successfully completed.
If payment through the available methods fails or is refused by the payment service provider, the Owner
shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the
failed or refused payment shall be borne by the User.
Purchase directly from the Owner
Neatsy or specific Products available for sale on the Neatsy or Neatsy website could be purchased
directly from the Owner. To access such purchases, Users must follow the instructions provided on the
relevant Neatsy website section.
Purchase via an app store
Neatsy or specific Products available for sale on Neatsy could be purchased via a third-party app store. To
access such purchases, Users must follow the instructions provided on the relevant online store (such as
"Apple App Store" or "Google Play"), which may vary depending on the particular device in use.
Unless otherwise specified, purchases done via third-party online stores are also subject to such
third-party's terms and conditions, which, in case of any inconsistency or conflict, shall always prevail
upon these Terms.
Users purchasing through such third-party online stores must therefore read such terms and conditions
of sale carefully and accept them.
Retention of usage rights
Users do not acquire any rights to use the purchased Product until the total purchase price is received by
the Owner.
Delivery
Performance of services
The purchased service shall be performed or made available within the timeframe specified on Neatsy or
as communicated before the order submission.
Contract duration
Trial period
Users have the option to test Neatsy or selected Products during a limited and non-renewable trial
period, at no cost. Some features or functions of Neatsy may not be available to Users during the trial
period.
Further conditions apply to the trial period, including its duration, which will be specified on Neatsy.
The trial period shall end automatically and shall convert into a paid Product after a specified time
period. All conditions are specified on Neatsy.
Subscriptions
Subscriptions allow Users to receive a Product continuously or regularly over a determined period of
time.
Paid subscriptions begin on the day the payment is received by the Owner.
In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure
to do so may cause service interruptions.
Subscriptions handled via Apple ID
Users may subscribe to a Product using the Apple ID associated with their Apple App Store account by
using the relevant process on Neatsy. When doing so, Users acknowledge and accept that:
● any payment due shall be charged to their Apple ID account;
● subscriptions are automatically renewed for the same duration unless the User cancels at least 24
hours before the current period expires;
● any and all fees or payments due for renewal will be charged within 24 hours before the end of the
current period;
● subscriptions can be managed or canceled in the User’s Apple App Store account settings.
The above shall prevail upon any conflicting or diverging provision of these Terms.
Subscriptions handled via the Neatsy website
Users may subscribe to a Product using Neatsy's website. When doing so, Users acknowledge and accept
that:
● any payment due shall be charged using the payment information provided at the time of initial
purchase;
● subscriptions are automatically renewed for the same duration unless the User cancels at least 24
hours before the current period expires;
● any and all fees or payments due for renewal will be charged within 24 hours before the end of the
current period;
● subscriptions can be managed or canceled by writing a cancellation request via email to
support@neatsy.ai from the email address used to create the subscription.
These terms are specific to website-based subscriptions and will take precedence over any conflicting or
different provisions in these Terms.
Refund
Subject to the clause below, you agree that the Purchase is final, that the Owner will not refund any
transaction once it has been made and that the Purchase cannot be canceled. When you make the
Purchase, you acknowledge and agree that all Purchases are non-refundable or exchangeable.
Notwithstanding anything to the contrary in the foregoing, the Owner will provide refunds and/or
Purchase cancellations in cases and to the extent required by mandatory provisions of the applicable
law. The Owner may also provide refunds at its own discretion and subject to our policies that may be
published from time to time.
Refund for consumers based in EEA and Switzerland
If you are a consumer based in the EEA or Switzerland, you have an automatic legal right to withdraw
from contracts for purchases of Services. However, when you make a purchase of a single item of digital
content (such as a video recording or a PDF file) you expressly agree that such content is made available
to you immediately and you, therefore, lose your right of withdrawal and will not be eligible for a refund.
By signing up for our Service which is not a single item of digital content and is provided on a continuous
basis (such as subscriptions to the App) you expressly request and consent to an immediate supply of
such Service. Therefore, if you exercise your right of withdrawal we will deduct from your refund an
amount that is in proportion to the Service provided before you communicated to us your withdrawal
from the contract.
- Exercise of the Right of Withdrawal. Where you have not lost your right of withdrawal, the withdrawal
period will expire 14 days after the day you enter into that contract. To exercise your right of withdrawal,
you must inform us by email: support@neatsy.ai - of your decision to withdraw from a contract by an
unequivocal statement (e.g. a letter sent by e-mail). You may use the model withdrawal form below, but
it is not obligatory. To meet the withdrawal deadline, you need to send your communication to us saying
you wish to withdraw from the contract before the withdrawal period has expired.
- Model Withdrawal Form
To: Neatsy Inc. email: support@neatsy.ai
I hereby give notice that I withdraw from my contract for the following service:
Received on:
Name:
Address:
Date:
Termination
Recurring subscriptions may be terminated at any time by sending a clear and unambiguous termination
notice to the Owner using the contact details provided in this document, or — if applicable — by using
the corresponding controls inside Neatsy.
Termination of open-ended subscriptions
Open-ended subscriptions may be terminated at any time by sending a clear and unambiguous
termination notice to the Owner using the contact details provided in this document. Terminations shall
take effect 21 days after the notice of termination has been received by the Owner.
User rights
Right of withdrawal
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period
specified below (generally 14 days), for any reason and without justification. Users can learn more about
the withdrawal conditions within this section.
Who does the right of withdrawal apply to
Unless any applicable exception is mentioned below, Users who are European Consumers are granted a
statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance
contracts) within the specified period applicable to their case, for any reason and without justification.
Users that do not fit this qualification, cannot benefit from the rights described in this section.
Exercising the right of withdrawal
To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their
intention to withdraw from the contract.
To this end, Users may use the model withdrawal form available from within the “definitions” section of
this document. Users are, however, free to express their intention to withdraw from the contract by
making an unequivocal statement in any other suitable way. In order to meet the deadline within which
they can exercise such rights, Users must send the withdrawal notice before the withdrawal period
expires.
When does the withdrawal period expire?
Regarding the purchase of a service, the withdrawal period expires 14 days after the day that the
contract is entered into unless the User has waived the withdrawal right.
In case of purchase of digital content not supplied in a tangible medium, the withdrawal period expires
14 days after the day that the contract is entered into unless the User has waived the withdrawal right.
Effects of withdrawal
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to
the Owner, including, if any, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method other than the
least expensive type of standard delivery offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from
the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless
otherwise agreed with the User, reimbursements will be made using the same means of payment as
used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result
of such reimbursement.
On the purchase of services
Where a User exercises the right of withdrawal after having requested that the service be performed
before the withdrawal period expires, the User shall pay to the Owner an amount which is in proportion
to the part of the service provided.
Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the
part of service provided until the time the User withdraws, compared with the full coverage of the
contract.
Exceptions from the right of withdrawal
The right of withdrawal does not apply to contracts:
● for the supply of digital content which is not supplied on a tangible medium if the performance
has begun with the consumer’s prior express consent and with their acknowledgment that their
right of withdrawal is thereby lost;
● for the provision of services, after the service has been fully performed if the performance has
begun with the consumer’s prior express consent, and with their acknowledgment that their
right of withdrawal is lost once the contract has been fully performed;
Liability and indemnification
Australian Users
Limitation of liability
Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or
remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar
State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable
right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a
non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at
the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having
the services supplied again.
US Users
Disclaimer of Warranties
Neatsy is provided strictly on an “as is” and “as available” basis. Use of the Service is at the Users’ own
risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions,
representations, and warranties — whether express, implied, statutory, or otherwise, including, but not
limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement
of third-party rights. No advice or information, whether oral or written, obtained by the user from the
owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents,
co-branders, partners, suppliers, and employees do not warrant that the content is accurate, reliable, or
correct; that the Service will meet Users’ requirements; that the Service will be available at any
particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that
the Service is free of viruses or other harmful components. Any content downloaded or otherwise
obtained through the use of the Service is downloaded at the user’s own risk and users shall be solely
responsible for any damage to the User’s computer system or mobile device or loss of data that results
from such download or the Users’ use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service
advertised or offered by a third party through the Service or any hyperlinked website or service, and the
Owner shall not be a party to or in any way monitor any transaction between Users and third-party
providers of products or services.
The Service may become inaccessible or it may not function properly with Users’ web browsers, mobile
devices, and/or operating systems. The owner cannot be held liable for any perceived or actual damages
arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions do not allow the exclusion and limitations of certain
implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific
legal rights, and Users may also have other rights which vary from state to state. The disclaimers and
exclusions under this agreement shall not apply to the extent prohibited by applicable law.
Limitations of liability
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries,
affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for:
● any indirect, punitive, incidental, special, consequential or exemplary damages, including without
limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or
relating to the use of, or inability to use, the Service; and
● any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use
of the Service or User account or the information contained therein;
● any errors, mistakes, or inaccuracies of content;
● personal injury or property damage, of any nature whatsoever, resulting from User access to or use
of the Service;
● any unauthorized access to or use of the Owner’s secure servers and/or any and all personal
information stored therein;
● any interruption or cessation of transmission to or from the Service;
● any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
● any errors or omissions in any content or for any loss or damage incurred as a result of the use of
any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
● the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner,
and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and
employees be liable for any claims, proceedings, liabilities, obligations, damages, losses, or costs in
an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12
months, or the period of duration of this agreement between the Owner and User, whichever is
shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable
jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other
basis, even if the company has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages,
therefore the above limitations or exclusions may not apply to the User. The terms give the User specific
legal rights, and the User may also have other rights which vary from jurisdiction to jurisdiction. The
disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent
prohibited by applicable law.
Indemnification
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers,
directors, agents, co-branders, partners, suppliers, and employees harmless from and against any and all
claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but
not limited to, legal fees and expenses, arising from:
● User’s use of and access to the Service, including any data or content transmitted or received by
User;
● User’s violation of these terms, including, but not limited to, User’s breach of any of the
representations and warranties set forth in these terms;
● User’s violation of any third-party rights, including, but not limited to, any right of privacy or
intellectual property rights;
● User’s violation of any statutory law, rule, or regulation;
● any content that is submitted from the User’s account, including third-party access with the User’s
unique username, password or other security measures, if applicable, including, but not limited to,
misleading, false, or inaccurate information;
● User’s wilful misconduct; or
● statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners,
suppliers, and employees to the extent allowed by applicable law.
Common provisions
No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of
any such right or provision. No waiver shall be considered a further or continuing waiver of such term or
any other term.
Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for
maintenance, system updates, or any other changes, informing the Users appropriately.
Within the limits of the law, the Owner may also decide to suspend or terminate the Service altogether.
If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal
Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control,
such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts, etc).
Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Neatsy and its Service
without the Owner’s express prior written permission, granted either directly or through a legitimate
reselling program.
Privacy policy
To learn more about the use of their Personal Data, Users may refer to the privacy policy of Neatsy.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as
copyrights, trademark rights, patent rights, and design rights related to Neatsy are the exclusive property
of the Owner or its licensors and are subject to the protection granted by applicable laws or international
treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, wordmarks,
illustrations, images, or logos appearing in connection with Neatsy are and remain, the exclusive
property of the Owner or its licensors and are subject to the protection granted by applicable laws or
international treaties related to intellectual property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the
Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User in the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not
wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms
may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can
obtain any previous version from the Owner.
If required by applicable law, the Owner will specify the date by which the modified Terms will enter into
force.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights
or obligations under these Terms, taking the User’s legitimate interests into account. Provisions
regarding changes to these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the
written permission of the Owner.
Contacts
All communications relating to the use of Neatsy must be sent using the contact information stated in
this document.
Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable
law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining
provisions, which shall remain in full force and effect.
US Users
Any such invalid or unenforceable provision will be interpreted, construed, and reformed to the extent
reasonably required to render it valid, enforceable, and consistent with its original intent. These Terms
constitute the entire Agreement between Users and the Owner with respect to the subject matter
hereof, and supersede all other communications, including but not limited to all prior agreements,
between the parties with respect to such subject matter. These Terms will be enforced to the fullest
extent permitted by law.
EU Users
Should any provision of these Terms be or be deemed void, invalid, or unenforceable, the parties shall do
their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby
substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the
applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity, or the impossibility to enforce a particular
provision of these Terms shall not nullify the entire Agreement unless the severed provisions are
essential to the Agreement, or of such importance that the parties would not have entered into the
contract if they had known that the provision would not be valid, or in cases where the remaining
provisions would translate into an unacceptable hardship on any of the parties.
Governing law
This Agreement and all relations arising hereof shall be governed by the laws of Delaware, the USA,
without regard to conflict of laws principles.
Exception for European Consumers
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual
residence in a country where the law provides for a higher consumer protection standard, such higher
standards shall prevail.
Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies
with the courts of the place where the Owner is based, as displayed in the relevant section of this
document.
Exception for European Consumers
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in
Switzerland, Norway, or Iceland.
Definitions and legal references
Neatsy (or this Application)
The property that enables the provision of the Service.
Neatsy website
Neatsy website located at https://neatsy.ai
Agreement
Any legally binding or contractual relationship between the Owner and the User, governed by these
Terms.
Business User
Any User that does not qualify as a Consumer.
Coupon
Any code or voucher, in print or electronic form, which allows the User to purchase the Product at a
discounted price.
European (or Europe)
Applies where a User is physically present or has their registered offices within the EU, regardless of
nationality.
Example withdrawal form
Addressed to:
Neatsy, Inc., 101 Jefferson Drive, Menlo Park, CA 94025
support@neatsy.ai
I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the
provision of the following service:
_____________________________________________ (insert a description of the goods/services that
are subject to the respective withdrawal)
Ordered on: _____________________________________________ (insert the date)
Received on: _____________________________________________ (insert the date)
Name of consumer(s):_____________________________________________
Address of consumer(s):_____________________________________________
Date: _____________________________________________
(sign if this form is notified on paper)
Owner (or We)
Indicates the natural person(s) or legal entity that provides Neatsy and/or the Service to Users.
Product
A good or service available for purchase through Neatsy, such as e.g. physical goods, digital files,
software, booking services, etc.
The sale of Products may be part of the Service.
Service
The service provided by Neatsy as described in these Terms and on Neatsy.
Terms
All provisions applicable to the use of Neatsy and/or the Service as described in this document, including
any other related documents or agreements, and as updated from time to time.
User (or You)
Indicates any natural person or legal entity using Neatsy.
Consumer
Any User qualifying as a natural person who accesses goods or services for personal use, or more
generally, acts for purposes outside their trade, business, craft, or profession.
These Terms were last modified on _November 22nd, 2023_.
MONEY-BACK POLICY
1. Money-back guarantee rules
In addition to refund rights available under applicable laws, if you purchased our app directly on our
websites and the money-back option was presented to you during the checkout, you are eligible to
receive a refund if you did not get visible results with our program, provided that all of the following
conditions are met:
● you contact us within 30 days after your initial purchase and before the end of your subscription
period; and
● you have followed our program (i) at least during 7 consecutive days within the first 30 days after
the purchase (for monthly and more lengthy subscription periods) or (ii) at least during 3
consecutive days within the first 7 days after the purchase (for weekly and biweekly subscription
periods); and
● you are able to demonstrate that you have followed the program pursuant to the requirements
stated below in Section “How to demonstrate that you have followed the program”.
We will review your application and notify you (by email or otherwise) whether your application is
approved.
How to demonstrate that you have followed the program
You can demonstrate that you have followed the program by fulfilling the following simple condition:
You provide screenshots from the app proving that you have finished
a) at least 7 workouts or other sessions (for monthly and more lengthy subscription periods); or
b) at least 3 workouts or other sessions (for weekly and biweekly subscription periods).
Important statement
Please note that only fulfillment of the above requirements allows you to receive a refund under the
Money-back Guarantee. For the sake of clarity, this Money-back Guarantee does not apply to any other
instances.
2. General refund rules
We value any feedback and do everything to make our customers happy with our products and services.
However, if you are not completely satisfied with our services, you can get a refund according to the
terms provided herein.
Generally, if you do not meet the conditions of our Money-back Guarantee set out above, the fees you
have paid are non-refundable and/or non-exchangeable unless otherwise stated herein or as required by
applicable law. In addition, certain refund requests may be considered by our company on a case-by-case
basis and granted at our sole discretion.
A refund can usually be claimed only during the subscription period. If the subscription period has
expired before you made a request for a refund, we will not be able to provide you with a refund.
Note for residents of certain US states. If you reside in California or Connecticut and cancel the purchase
at any time prior to midnight of the third business day after the date of such purchase, we will return the
payment you have made.
Note for the EU residents. If you are a consumer based in the EEA or Switzerland, you have an automatic
legal right to withdraw from contracts for purchases of Services. However, when you make a purchase of
a single item of digital content (such as a video recording or a PDF file) you expressly agree that such
content is made available to you immediately and you, therefore, lose your right of withdrawal and will
not be eligible for a refund. By signing up for our Service which is not a single item of digital content and
is provided on a continuous basis (such as subscriptions to the App) you expressly request and consent
to an immediate supply of such Service. Therefore, if you exercise your right of withdrawal we will
deduct from your refund an amount that is in proportion to the Service provided before you
communicated to us your withdrawal from the contract.
- Exercise of the Right of Withdrawal. Where you have not lost your right of withdrawal, the withdrawal
period will expire 14 days after the day you enter into that contract. To exercise your right of withdrawal,
you must inform us by email: support@neatsy.ai - of your decision to withdraw from a contract by an
unequivocal statement (e.g. a letter sent by e-mail). You may use the model withdrawal form below, but
it is not obligatory. To meet the withdrawal deadline, you need to send your communication to us saying
you wish to withdraw from the contract before the withdrawal period has expired.
- Model Withdrawal Form
To: Neatsy Inc. email: support@neatsy.ai
I hereby give notice that I withdraw from my contract for the following service:
Received on:
Name:
Address:
Date:
3. Subscription cancellation rules
Your Neatsy subscription begins immediately upon purchase. It will automatically renew at the end of
each subscription period until you decide to cancel it. Please be aware that not actively using the Neatsy
app or deleting it from your device does not automatically cancel your subscription.
App Store purchases
To cancel a subscription or trial initiated through the App Store, disable the auto-renewal in your Apple
ID account settings. This action needs to be taken at least 24 hours before the end of the current period
or trial to avoid further charges. Managing your subscriptions, including their cancellation, is your
responsibility. For more information, visit the Apple support page.
Website purchases
To cancel a subscription or trial initiated through our website, send an email to support@neatsy.ai to
request cancellation. This email, which should be sent from the same address used to purchase the
subscription, must be sent at least 24 hours before the end of the current period or trial to avoid further
charges.
Remember, keeping track of your subscription and its renewal dates is crucial to cancel in time if you
wish to do so. While we may occasionally send reminders, it is primarily your responsibility to keep track
of renewal dates and manage your subscription accordingly.
