1. GENERAL PROVISIONS1.1. Everyday (“we”, “our”, “us”) welcomes you! Please take a short break and read this text carefully. It should take no more than 10 minutes. 1.2. These Terms of Use (“Terms of Use”; “Terms”; “Terms and Conditions”) apply to all Visitors, Users and Customers (including Customers registered by Users on their behalf to serve the Web Portal). |
2. DEFINITION OF TERMS2.1. Web portal – a set of web pages and web applications (including Everyday Studio web application) hosted in the domain zone everyday.ua. 2.2. Visitor – any person who went to the Web Portal and use the functionality without requiring the creation of a personal account. 2.3. User – a legally capable natural person acting on his own behalf or in the interests of a legal entity, who has agreed to these Terms and Conditions and received a personal User account for accessing the Web Portal and Mobile application in accordance with the defined Package of services. 2.4. Customer – a legally capable individual who has agreed to these Terms and Conditions and has obtained a personal Customer account for accessing the Web Portal and Mobile Application on his/her own (or through the User). It is allowed to create an account of an incapacitated Customer created by his legal representative. 2.5. Mobile Application – Everyday’s software for smartphones and tablets, published in the app stores at: https://play.google.com/store/apps/details?id=ua.mk.diet and https://apps.apple.com/ua/app/everyday/id951487632, which is designed for Customers’ interaction with the Web Portal. |
3. DATA PROCESSING AND PRIVACY3.1. By accepting the Terms, Users and Customers expressly consent to the processing of their personal data as defined in the Privacy Policy. |
4. AGE RESTRICTIONS4.1. The Web Portal is not intended for use by anyone under the age of 14. We do not accept confidential information from persons of whom we have reasonable knowledge that they are a child under the age of 14. 4.2. It is allowed to create Customer accounts for the benefit of persons under the age of 14, provided that it is done by a legal representative of such a person. |
5. ACCOUNT5.1. By creating a User or Customer account on the Web Portal, you guarantee that the owner of this account is a legally capable individual in accordance with national legislation. 5.2. You guarantee that the information provided by you (including when registering Customer accounts) is up-to-date, accurate, and reliable. 5.3. Only one account can correspond to each User and Customer. 5.4. Mass registration of accounts for the benefit of one and the same or non-existent persons is prohibited. Accounts are personal and not transferable to third parties. 5.5. You are personally responsible for keeping your account information secure and will immediately notify Us of any known misuse of your account information. 5.6. We reserve the right to demand additional information (electronic and physical documents) from the User or Customer as necessary to resolve any disputes that arise in the event of mass account registration, violation of these Terms, and for the purpose of resolving the situation. 5.7. We reserve the right to deny you access to your account, delete your account, or restrict access to it if we find a violation of these Terms and Conditions, as well as violations of Ukrainian or national legislation. 5.8. By creating an account on the Web Portal, You agree to receive communications from Us concerning the services provided, new developments and services, system news, as well as Everyday’s commercial offers. |
6. INTELLECTUAL PROPERTY6.1. The Web Portal and its original Content, tools, and functional means are the intellectual property of Everyday and its licensees and are protected by the laws of both Ukraine and international law. 6.2. Our trademarks and other intellectual property cannot be used by you without Everyday’s prior written consent. |
7. CONTENT7.1. The Web Portal gives you the opportunity to post your own information (“Content”). 7.2. By posting your own Content on the Web Portal, you assume responsibility for it, including its legality, appropriateness, and acceptability. You also warrant that: – the Content belongs to you and/or you have the rights to use it, and the rights to make such Content available for Everyday’s use; – You do not violate any rights of any person and/or entity. 7.3. We reserve the right to terminate and/or restrict your access to the Web Portal if you violate the above warranties. 7.4. By posting Content on the Webportal, you grant permission for the use of the Content by its Webportal staff. 7.5. The Content posted on the Web Portal is the property of Everyday or used by Us with the permission of others. You may not distribute, modify, transmit to others, duplicate, or use Content that does not belong to You for commercial purposes or for personal gain without Everyday’s express prior permission. 7.6. By agreeing to the Terms and Conditions, you acknowledge that you accept the risks regarding the public display of your intellectual property on the Web Portal’s pages. |
8. REQUIREMENTS8.1. By accepting these terms, you agree NOT to use the Web Portal: – for the purpose of exploiting, harming, or attempting to harm in any way or manner any person; – for advertising purposes, including “spamming,” “chain mailing,” or other similar purposes; – in any manner that violates the rights of others or is unlawful, fraudulent, or harmful, or in connection with any unlawful, fraudulent, or harmful purpose or activity; – to restrict the use of the Web Portal, or for a purpose and/or in a manner that could be harmful to Everyday or other Users and Customers of the Web Portal. 8.2. Additionally, you agree NOT to use: – The Web Portal in any manner that may overburden, harm, or discontinue the Web Portal; – robots, “spiders,” bots, or other automated devices, processes, or means of accessing the Web Portal for any purpose, including monitoring or copying any Content; – any devices or software that interfere with the proper functioning of the Web Portal; – any viruses, Trojans, worms, logic bombs, or other technologically harmful means. |
9. LINKS TO THIRD-PARTY SITES9.1. Our Web Portal may include links to third-party Internet resources that we have no control over, and, therefore, we are not responsible for the content, data handling, or practices of third-party Web sites. We do not guarantee any offerings from any third parties or their websites. You acknowledge and agree that Everyday is not directly or indirectly responsible for any damages resulting from the use of third-party content and websites. We encourage you to review the policies and terms and conditions of the third-party websites you use. |
10. ANALYTICS10.1. We may use third-party services to monitor and analyze Web Portal usage, such as Google Analytics. Google’s privacy practices can be found at the following links: https://policies.google.com, https://support.google.com/analytics/answer/6004245 . |
11. LINKS TO THIRD-PARTY SITES11.1. Our Web Portal may include links to third-party Internet resources that we have no control over, and, therefore, we are not responsible for the content, data handling, or practices of third-party Web sites. We do not guarantee any offerings from any third parties or their websites. You acknowledge and agree that Everyday is not directly or indirectly responsible for any damages resulting from the use of third-party content and websites. We encourage you to review the policies and terms and conditions of the third-party websites you use. |
12. MESSAGES AND FEEDBACK12.1. You have a right to inform us on any of our contacts placed on everyday.ua about the errors, advice, remarks, ideas, problems, complaints, and any other information regarding our web portal (“Feedback”). You agree and warrant that by using Feedback you: – In no way will you infringe on our intellectual property rights; – in no way disclose the confidential information and personal data of any persons. |
13. LIMITATION OF LIABILITY13.1. Everyday shall not be liable for any lost income, lost profits, or for any direct or indirect damages arising from or relating to your use of the Web Portal. Nor is Everyday liable for any failure of the Web Portal to meet your expectations or expectations. |
14. CHANGES TO THE WEB PORTAL14.1. We reserve the right to modify or delete our Web Portal, or any Content that is provided through the Web Portal, at any time. We shall not be liable if for any reason the Web Portal or any part of it is unavailable for any period of time. We may from time to time restrict access to any part of the Web Portal or the entire Web Portal at our sole discretion for any reason. |
15. CHANGING TERMS AND CONDITIONS15.1. We may change the Terms at any time by posting the amended Terms on the Web Portal. We recommend that you periodically review these Terms and Conditions. Your continued use of the Web Portal after posting the modified Terms means that you accept and agree to the modified Terms. |
16. APPLICABLE LAW16.1. These Terms shall be governed by and construed in accordance with the applicable laws of Ukraine. If any provision of the Terms is held invalid, the other provisions of the Terms shall remain in force. |
17. ADDITIONAL TERMS17.1. The provisions relating to the individual services of the Web Portal are an integral part of these Terms and Conditions and are set out in the following documents: – Everyday Studio User Agreement; – Everyday Studio Customer Agreement; – applicable privacy policy; – data Processing Agreement. |
