Terms of Service

The following terms and conditions govern all use of the MyKeto Diet website, mobile applications, and all content, services and products available at or through the website and mobile applications, including, but not limited to, the MyKeto Diet subscription service, (taken together, “MyKeto Diet”). Prestige Worldwide Apps LLC (“Prestige Worldwide Apps”) owns, operates, and does business as MyKeto Diet. MyKeto Diet is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, MyKeto Diet’s Privacy Policy) and procedures that may be published from time to time on this Site by MyKeto Diet (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using MyKeto Diet. By accessing or using any part of the website or mobile applications, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access MyKeto Diet or use any services. If these terms and conditions are considered an offer by MyKeto Diet, acceptance is expressly limited to these terms. MyKeto Diet is available only to individuals who are at least 18 years old.

1. Your MyKeto Diet Account. If you create an account on MyKeto Diet, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with MyKeto Diet. You must immediately notify MyKeto Diet of any unauthorized uses of your account or any other breaches of security. MyKeto Diet will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors. When You submit data, images, files, and other material to MyKeto Diet, or otherwise make (or allow any third party to make) material available by means of MyKeto Diet (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
   • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
   • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
   • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
   • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
   • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
   • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
   • the Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;
   • the Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your website’s URL or name is not the name of a person other than yourself or company other than your own; and
   • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by MyKeto Diet or otherwise.By submitting Content for inclusion in MyKeto Diet, you grant MyKeto Diet a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying and distributing your Content on MyKeto Diet. (Any Content that you submit will always be handled in accordance with the MyKeto Diet Privacy Policy.) To revoke this license, you may delete your Content from MyKeto Diet at any time. If you delete Content, MyKeto Diet will use reasonable efforts to remove it from MyKeto Diet, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
   Without limiting any of those representations or warranties, MyKeto Diet has the right (though not the obligation) to, in MyKeto Diet’s sole discretion (i) refuse or remove any content that, in MyKeto Diet’s reasonable opinion, violates any MyKeto Diet policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of MyKeto Diet to any individual or entity for any reason, in MyKeto Diet’s sole discretion. MyKeto Diet will have no obligation to provide a refund of any amounts previously paid.
3. Payment and Renewal. Paid services are available on MyKeto Diet (any such services, a “Subscription”). By selecting a Subscription you agree to pay MyKeto Diet the monthly, multi-month, or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a Subscription and will cover the use of that service for a monthly, multi-month, or annual subscription period as indicated. Subscription fees are not refundable. Subscriptions can be cancelled up to 24 hours before the end of the subscription billing cycle by contacting us (for subscriptions initiated on our web site) or via the iOS or Google Play subscription management settings. Subscriptions that have not been cancelled prior to 24 hours before the end of the subscription billing cycle will automatically renew, and you will be charged for the new subscription billing cycle on a pre-pay basis.
4. Responsibility of Visitors. MyKeto Diet has not reviewed, and cannot review, all of the material, including computer software, posted to MyKeto Diet, and cannot therefore be responsible for that material’s content, use or effects. By operating MyKeto Diet, MyKeto Diet does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MyKeto Diet may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. MyKeto Diet may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. MyKeto Diet disclaims any responsibility for any harm resulting from the use by visitors of MyKeto Diet, or from any downloading by those visitors of content there posted.
5. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which MyKeto Diet links, and that link to MyKeto Diet. MyKeto Diet does not have any control over those non-MyKeto Diet websites and webpages, and is not responsible for their contents or their use. By linking to a non-MyKeto Diet website or webpage, MyKeto Diet does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MyKeto Diet disclaims any responsibility for any harm resulting from your use of non-MyKeto Diet websites and webpages.
6. Copyright Infringement and DMCA Policy. As MyKeto Diet asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by MyKeto Diet violates your copyright, you are encouraged to notify MyKeto Diet. MyKeto Diet will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. MyKeto Diet will terminate a visitor’s access to and use of MyKeto Diet if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of MyKeto Diet or others. In the case of such
   termination, MyKeto Diet will have no obligation to provide a refund of any amounts previously paid to MyKeto Diet.
7. Intellectual Property. This Agreement does not transfer from MyKeto Diet to you any MyKeto Diet or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MyKeto Diet. Prestige Worldwide Apps, MyKeto Diet, MyKetotracker.com, the MyKeto Diet logo, and all other trademarks, service marks, graphics and logos used in connection with MyKeto Diet are trademarks or registered trademarks of Prestige Worldwide Apps or Prestige Worldwide Apps’s licensors. Other trademarks, service marks, graphics and logos used in connection with MyKeto Diet may be the trademarks of other third parties. Your use of MyKeto Diet grants you no right or license to reproduce or otherwise use any Prestige Worldwide Apps or third-party trademarks.
8. Advertisements. MyKeto Diet reserves the right to display advertisements on MyKeto Diet.
9. Changes. MyKeto Diet reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to MyKeto Diet following the posting of any changes to this Agreement constitutes acceptance of those changes. MyKeto Diet may also, in the future, offer new services and/or features through MyKeto Diet (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
10. Termination. MyKeto Diet may terminate your access to all or any part of MyKeto Diet at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MyKeto Diet account (if you have one), you may simply discontinue using MyKeto Diet. Notwithstanding the foregoing, if you have a Subscription account, such account can only be terminated by MyKeto Diet if you materially breach this Agreement and fail to cure such breach within thirty (30) days from MyKeto Diet’s notice to you thereof; provided that, MyKeto Diet can terminate the account immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Disclaimer of Warranties. MyKeto Diet is provided “as is”. MyKeto Diet and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MyKeto Diet nor its suppliers and licensors, makes any warranty that MyKeto Diet will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, MyKeto Diet at your own discretion and risk. Information posted on MyKeto Diet may not be accurate or current.
12. Limitation of Liability. In no event will MyKeto Diet, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to MyKeto Diet under this Agreement during the twelve (12) month period prior to the cause of action. MyKeto Diet shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. Medical Disclaimer. You are responsible for your own health. MyKeto Diet is offered for educational and entertainment purposes only, and in no way intends to diagnose, cure, or treat any medical or other condition. Always seek the advice of your physician or other qualified health provider prior to changing your diet or exercise plan and ask your physician any questions you may have regarding a medical condition. Although we do out absolute best to verify the accuracy of information contained herein, we cannot guarantee its accuracy.
14. Permitted Uses. If you have a serious medical condition, including but not limited to pregnancy, diabetes, high blood pressure, cancer or heart disorders, you may not use MyKeto Diet without the prior approval and supervision of your physician or other licensed healthcare provider. If you suffer from anorexia nervosa, bulimia, or other related eating disorders, you are not permitted to use MyKeto Diet. You must be at least 18 years of age to use MyKeto Diet.
15. General Representation and Warranty. You represent and warrant that (i) your use of MyKeto Diet will be in strict accordance with the MyKeto Diet Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of MyKeto Diet will not infringe or misappropriate the intellectual property rights of any third party.
16. Indemnification. You agree to indemnify and hold harmless MyKeto Diet, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of MyKeto Diet, including but not limited to your violation of this Agreement.