Last update: Oct/ 13th/ 2022
The Kutai.co website, the Kutai app and others that Kutai may create, purchase or manage in the future (hereinafter the "Sites") are services established by KUTAI INC, its affiliates and subsidiaries to provide its customers, users and visitors with access to its products and services.
The following TERMS OF SERVICE govern the services provided by KUTAI INC, its affiliates and subsidiaries, hereinafter referred to as KUTAI. Non-acceptance of these Terms of Service by the customer/user will prevent his/her registration and access to the services. By registering and accepting this document the customer/user is committing to its compliance.
Agreement and acceptance
a. User Agreement. By using the Services, you accept these Terms of Service and agree to be legally bound by and comply with the terms, conditions and notices contained or referenced herein, as if you had simply signed them.
b. Changes to Terms and Conditions. From time to time, we may, in our sole discretion, change, modify, supplement or delete portions of these Terms of Service ("Additional Terms"). Such Additional Terms will be effective when posted by the Company on the website, mobile application, via the Service or the sending of an email or other notification. You will be deemed to have agreed to the Additional Terms by our decision to continue to access the mobile application or website, or otherwise use any of the Services after the date such Additional Terms become effective.
c. Modification of Services. In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Services, including, without limitation, (i) restricting the time the Services are available, (ii) restricting the amount of permitted use, (iii) restricting or terminating any user right to use the Services, and (iv) modifying any changes to or functionality provided by the Services. You agree that any termination or cancellation of your access to or use of the Services may be affected without prior notice. You further agree that we shall not be liable to you or any third party for any termination or cancellation of your access to or use of our Services.
d. Downloading the Mobile App. You may access the App that can be downloaded from an application store or application distribution platform, such as Apple's Mobile App Store or Google Play, (the "Mobile Application Provider"). You acknowledge and agree that: (i) these Terms of Service are between us and not with the Mobile Application Provider and that we are solely responsible for the Mobile Application (not the Mobile Application Provider); (ii) the Mobile Application Provider has no obligation to provide any maintenance or support services in connection with the Mobile Application; (iii) the Mobile Application Provider is not responsible for addressing any third party claims relating to the Mobile Application or your possession and use of the Mobile Application.
Kutai does not offer services to anyone under the age of 18. By using the Services, you represent and warrant that you are at least 18 years old and have the right, authority and capacity to enter into these Terms of Service.
We do not offer services to pregnant women. Due to the physiological sensitivities that occur with pregnancy and our inability to provide care with physicians or other health care professionals, pregnant women will not be able to use our services.
More over, Kutai does not offer services to those who have or desire a BMI (Body Mass Index) of 18.5 or less. According to the Center for Disease Control (CDC), standards state that a healthy BMI range is between 18.5 and 24.9. BMI below 18.5 is considered underweight. Being under this weight is not recommended and requires medical monitoring.
Kutai's services are charged for periods of time. The paid service requires an amount to be paid either (i) by the user ("Personal Paid Service") or (ii) by a third party on behalf of the user ("Corporate Paid Service").
Renewal, cancellation and refund
If you are a subscriber to our paid service, you also agree to the following:
a. Payment Agreement.
(i) Personal Paid Service If you are a Personal Paid Service User, you will be responsible for the fixed and recurring charges you selected at the time of your subscription. Applicable taxes and other charges for accessing the Paid Service may also apply.
(ii) Corporate Payment Service. The Corporate Paid Service is intended for our large customers ("Corporate Customers") for a specific period. This type of corporate customer is offered a unique activation code that allows you to add users to the Paid Service. In this way, your access to the Paid Service has been paid for by our corporate customer and you will be able to use the features of the Paid Service until the expiration of a specific period agreed between KUTAI and such corporate customer.
b. Automatic Renewal. Unless your Paid Services have been paid for by one of our corporate customers, your Paid Service membership will automatically extend for automatic renewal periods of the same duration selected at the time of your purchase, at the non-promotional subscription rate. Your non-cancellation of the Paid Services or your continued use of the Paid Service paid subscription features of the Paid Service will reaffirm that we are authorized to charge you. If your credit or debit account has been closed or if your payment method is otherwise invalid, your subscription may not be renewed.
c. Cancellation of Personal Paid Service Subscription. You may cancel your subscription for our Paid Service through Kutai website or mobile app at any time. We will try to respond to your request within 72 hours after receiving your request. If you terminate your subscription for the Paid Service, your subscription will remain active until the end of the originally contracted period.
d. No Refund Policy.
(i) All charges made by KUTAI are non-refundable.
(ii) If you cancel your paid subscription for the Paid Service after the trial period, your subscription will remain active until the end of your trial period, and no charges will be made thereafter.
e. Membership through Corporate Customers. For Corporate Paid Services users, the business customer who pays for your Corporate Paid Service subscription controls that account (which may be different from your personal account) and may terminate your access to it. You further agree that we will not be liable to you or any third party for any termination or cancellation of your access to, use of, or use of our Paid Services that were originally provided by such Business Customer. If you had Corporate Paid Service subscriptions paid for through the Business Customer, but are no longer eligible to receive that benefit from the Business Customer, you may also be able to terminate your Corporate Paid Service account and will need to sign up for a new account.
f. Modifications. We reserve the right to revise the terms of the fee expense, cancellation and refund policies upon reasonable advance notice communicated through posting on the website and/or the Mobile Application or other means as we deem appropriate from time to time (including email or conventional mail). All changes made will apply to all memberships created or renewed after the date such change was implemented.
Account and user security
In connection with your use of certain features of the Services, you will be required to complete a registration form. You represent and warrant that all user information provided on the registration form or otherwise in connection with your use of the Services will be current, complete and accurate. As a registered user of the Services, you are fully responsible for maintaining the confidentiality of your user account information. You may not use the account or account name of any other member at any time.
In addition, you are fully responsible for all activities that may occur under your user account. We will not be liable for any losses incurred as a result of someone else using your account, either with or without your knowledge. You may also be liable for all losses incurred by KUTAI, its affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account.
As a subscriber to our Paid Services, you further agree to the following:
a. Subscription Data. For purposes of using the Paid Service, including identification and billing, you agree to provide us with complete and accurate information as required by the Paid Service subscription or registration process ("Subscription Data"). We collect different data depending on whether you are a Personal Paid Service User or a Corporate Paid Service User. You agree to maintain and promptly update the Subscription Data and any other information you provide to us to keep it current. Without restricting any other provision of these Terms of Service, if you provide information that is untrue, inaccurate or incomplete or if we have sufficient evidence to suspect that such is the case, we reserve the right to interrupt or terminate your user account or subscription and refuse any and all of your future or current use of our Services (or any part thereof). You are obligated to verify whether your Subscription Data is current and accurate, and if it is not, you must correct or update your Subscription Data.
b. One Account per User. You agree not to register or subscribe for more than one account, create an account in the name of another person, or create a false or misleading identity. If your registration or subscription is revoked for any reason (other than in cases where you switch from Corporate Paid Service to Personal Paid Service and vice versa), you agree not to register or sign up again with our Services using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has been previously terminated, we reserve the right to terminate any new account you have registered without sending you any notice or exercising any other remedy available under these Terms of Service or by law.
Subject to your continued compliance with the Terms of Service, we grant you a non-transferable, non-sublicensable, fully revocable, limited license to access and use our Services (either through the website or by downloading and installing the Mobile Application). It is limited to personal, non-commercial use only.
The Services, or any part thereof, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited or otherwise exploited for any commercial purpose without the express written consent of KUTAI. Further, except for the limited rights granted in this Section, you may not (and shall not encourage or assist any third party to): (i) modify, alter, obstruct, repair or otherwise create derivative works of the Services or any software or technology included in or used or distributed by KUTAI to provide the Services; or (ii) reverse engineer, disassemble or decompile the Services or attempt to discover or recreate the source code for the Services.
KUTAI is not responsible for the understanding, interpretation and/or use by customers and users of the content presented on the sites. This content is developed by KUTAI or an authorized third party, without compromising the thinking or opinion of its allies or linked sites. KUTAI reserves the right to modify, update the content, presentation, configuration and/or services offered by itself or through an authorized third party without obligation to notify the customer or user in advance.
Restrictions on the use of content
You acknowledge that our Services contain information, content, software, photographs, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, reviews, ideas, recipes, notes, drawings, articles and other materials, including nutritional information contributed to the Food Database (hereinafter defined) (collectively, "Content") that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights and these rights are valid and protected in all forms, media and technologies now existing and hereinafter developed. All Content is copyrighted under the copyright laws of the United States (and, if applicable, similar foreign laws) and we have a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks on the Services are trademarks of their respective owners. The KUTAI marks (hereinafter defined) are trade names and the trademark and service mark of KUTAI INC.
Our business partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content they make available on our Services. When Content is downloaded to your computer, phone, tablet or any mobile device, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, without limitation, use of any Content in printed form or in any other application or networked computer environment is strictly prohibited unless you receive our prior written consent.
Third-party website content
Certain content provided on the Website and/or the Mobile App includes links to the websites of third parties ("Third Party Sites"), some of which have established relationships with KUTAI and some of which may not. We have no control over the content and performance of Third Party Sites.
Food database and disclaimers
As part of the Services, KUTAI maintains a food database containing a combination of nutritional information entered directly by KUTAI and nutritional information entered by users of KUTAI Services ("Food Database"). All user Services may contribute nutritional information to the Food Database. Please note that the nutritional information found in the Food Database has not been reviewed by persons with the necessary expertise to provide you with complete, accurate and reliable information.
KUTAI DOES NOT (I) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY NUTRITIONAL INFORMATION IN THE FOOD DATABASE; NOR (II) ADOPT, ENDORSE, OR ACCEPT ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF SUCH NUTRITIONAL INFORMATION. IN NO EVENT SHALL KUTAI BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM ITS RELIANCE ON THE NUTRITIONAL INFORMATION.
You are solely responsible for ensuring that all nutritional information you record in the Food Database is accurate, complete and useful. The nutritional information in the Food Database may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited or otherwise exploited for any commercial purpose without the express written consent of KUTAI.
Limits of liability
The customer/user expressly acknowledges that KUTAI is not liable for any damages and/or losses arising directly or indirectly from the existence, use, access, impossibility of use or impossibility of access to the sites or any of their links or connections.
El cliente/usuario acepta que él es el único responsable por las decisiones que adopte con base en la información, operaciones económicas, utilización de los materiales de estos sitios o de sus vínculos o enlaces.
The customer/user accepts that he/she is solely responsible for the decisions he/she makes based on the information, economic operations, use of the materials of these sites or their links.
KUTAI assumes no liability for damages of any nature that may arise from the understanding, interpretation of the contents and the inappropriate or negligent use of the services and contents by the client/user, nor for those that may arise from the lack of veracity, validity, completeness and/or authenticity of the information that the client/user provides to third parties about themselves and, in particular, although not exclusively, for damages of any nature that may arise from the impersonation of third parties about themselves, completeness and/or authenticity of the information that the client/user provides to third parties about himself/herself and, in particular, although not exclusively, for damages of any nature that may derive from the impersonation of a third party carried out by a client/user in any kind of communication made through the sites.
Likewise, KUTAI shall not be liable for the timeliness and sufficiency of the information contained in the sites, nor for the truthfulness or accuracy of the documents that are established in third party links, nor for any technical problems, inaccuracies, omissions or transcription errors that may affect the content of the sites or the links contained therein. In view of the above, the client/user is advised of the need to validate the information before making use of it.
Health and medical service disclaimer
Patient and Non-Physician Relationship. Any and all services provided by and through the Services are for informational purposes only. KUTAI is not a medical professional and KUTAI does not provide medical services or render medical advice. Nothing contained in the Services should be construed as such advice or diagnosis. The information and reports generated by us should not be construed as a replacement for medical consultation, evaluation or treatment and the information available on or through the Services should not be relied upon when making medical decisions or for diagnosing or treating a medical or health condition. YOUR USE OF THE SERVICES DOES NOT CREATE A PHYSICIAN-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE KUTAI PARTIES OR ANY OF KUTAI'S SERVICE USERS. YOUR USE OF THE SERVICES IS NOT FOR MEDICAL EMERGENCIES. IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, GO TO YOUR NEAREST HEALTH CARE PROVIDER.
You are urged and advised to seek the advice of a physician or medical professional with any questions you may have regarding your health before beginning any weight loss effort regimen, physical activity or any other plan that may be referenced, discussed or offered under the Services. If you are being treated for a medical condition, are taking prescription medication or are on a therapeutic diet to treat a medical condition, it is especially necessary to consult with your physician before using the Services. You represent to us (which representation must be deemed made each time you use the Services), that you are not using the Services or engaging in any of the activities offered by the Services for the purpose of seeking medical care. You further agree that, prior to using the Services, you should consult with your physician, particularly if you are at risk for problems resulting from exercise or changes in your diet. If any of the information you receive or obtain from using the Services is inconsistent with your physician's medical advice, you must comply with your physician's advice.
KUTAI does not guarantee the permanent and uninterrupted availability of the sites, nor that access to it is free of errors or that the service or the server are free of viruses or other harmful agents. When the customer/user accesses the site, he/she shall be responsible for taking the relevant, adequate and necessary measures to avoid and/or correct the harmful effects.
Links to other Internet sites
The inclusion of links to other sites through KUTAI does not imply any relationship other than the "link" itself. All transactions made on such links are the sole responsibility of the customer/user and the related entity, for which reason KUTAI is not responsible for the content of these sites, nor for transmissions received to and from any of them.. Todas las transacciones realizadas en dichos vínculos son responsabilidad exclusiva del cliente/usuario y de la entidad relacionada, razón por la cual, KUTAI, no se hace responsable del contenido de estos sitios, ni por las transmisiones recibidas desde y hacia cualquiera de ellos.
Consent to receive communications from Kutai
b. Service Announcements. By using the Services, you may receive periodic electronic communications from KUTAI relating to the Services, such as new product offerings and other information relating to the website and/or the Mobile Application, which are part of the Services and which you may not opt-out of receiving.
c. Promotional Communications. You may also receive periodic promotions and other offers or materials that KUTAI believes may be of interest to you. You may opt-out of receiving these promotional messages at any time by (a) complying with the opt-out instructions included in each message; or (b) modifying the messaging preferences in your account.
e. Withdrawal of Your Consent. If you later decide that you no longer wish to receive Communications electronically, please send us an e-mail at [email protected] or a letter to KUTAI, LLC, Attention: Customer Service, 2600 So Douglas Rd, Ste 913 Coral Gables, FL 33134. Your withdrawal of consent will be effective within a reasonable period of time after we receive your withdrawal notice. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms, provided that it is electronically signed by you prior to the effective date of your withdrawal. If you withdraw your consent to receive Communications electronically, we may terminate your account and/or your access to the Service (or any part thereof).
The personal data provided by customers / users on the sites are confidential, KUTAI has adopted the security levels of protection of personal data legally required, and has reasonably installed the technical means and measures at its disposal to prevent the loss, misuse, alteration, unauthorized access and theft of personal data recorded.
Location data usage policy
You may, however, restrict our access to and request for your Device's location by disabling the location sharing feature, if such feature is available, but this option would affect the provision of some of our services.
Applicable Law and Jurisdiction
The policies and conditions of access and use set forth herein and any disputes that may arise with respect to their interpretation, use, scope and termination are governed by the laws of Delaware, and the customer/user expressly waives any other jurisdiction.
Validity and Revision
This document shall be valid indefinitely. KUTAI at any time, may cancel, modify, limit or add to the Terms of Service, according to its considerations and determinations and these will be made known by notice through its different web portals, Apps or by any other means, and which will be understood as accepted if the customer/user continues to execute the service.
If any provision of these terms shall be unlawful, void, voidable, voidable by a court of competent jurisdiction or otherwise unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms of Service constitute the entire agreement between you and us relating to the subject matter hereof. We may assign our rights and obligations under these Terms of Service. These Terms of Service shall inure to the benefit of our successors, assigns and licensees. The failure of either party to enforce or validate the other party's strict performance of any provision of these Terms of Service, or the exercise of any right under these Terms of Service, shall not be construed as a waiver or an assignment of any of the party's rights to enforce or enforce any provision or right in that other instance; on the contrary, the same shall remain in full force and effect.