Terms and conditions
Last updated: 30th June 2021
Mobile application end-user licence agreement
Please read carefully before using the App. You must be at least 18 years old to use the Freshwell low carb app.
This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and Freshwell, Freshwell Health Centre, Wethersfield Rd, Finchingfield, Braintree, CM7 4BQ (our, us or we) for:
- Freshwell low carb project app
- any associated online documents
We license use of the App and Services to you on the basis of this EULA and subject to any rules or policies applied by any App Store provider or operator from whose site, located at Google Play and iTunes (App Store), the End-user downloaded the App (App Store Rules). We do not sell the App or Services to you.
We remain the owners of the App and Services at all times.
Operating system requirements
The App requires an Apple or Android Device (as defined in condition 1.4 below) with a camera with auto-focus, internet access and a minimum of 48MB of memory available. The minimum operating systems we support are iOS10 and Android 5 Lollipop. The App may work on other Operating Systems but the Operating Systems specified above are the minimum Operating Systems we test on and guarantee that the App will run for.
By downloading the App you agree to the terms of this EULA which will bind you. The terms of this EULA include, in particular, the limitations on liability in condition 6.
If you do not agree to the terms of this EULA, we will not license the App and Services to you and you must stop the downloading process now. In this case the downloading process will terminate.
The terms of this EULA apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App or any Services, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Services), the terms of an open-source licence may override some of the terms of this EULA.
Freshwell may revise these terms of service for its Services at any time without notice. By using this App you are agreeing to be bound by the then current version of these terms of service.
From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2(a) (Devices) and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You should check with your mobile or internet service provider for details of data and internet usage charges. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Services on or in relation to any Device, whether or not it is owned by you.
The App or any Services may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
2. Grant and scope of licence
(a) download the App onto an Apple or Android Device, in line with the operating system requirements set out at the beginning of this agreement and view, use and display the App on the Devices for your personal purposes only; and
(b) use the Services for your personal purposes only.
3. Licence restrictions
Except as expressly set out in this EULA or as permitted by any local law, you agree:
(a) not to copy the App or Services except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Services;
(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App
4. Acceptable use restrictions
(a) not use the App or Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the Apps or any Services, including the submission of any material (to the extent that such use is not licensed by this EULA);
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Services;
(d) not use the App or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users
5. Intellectual property rights
You acknowledge that all intellectual property rights in the App, the Services, content and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Services, content or the Technology other than the right to use each of them in accordance with the terms of this EULA.
All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the App (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the UK, foreign jurisdictions, and international conventions.
6. Limitation of liability
You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Services meet your requirements.
You acknowledge that all information provided, whether originating from us or a third party, may have been compiled based on the nutrient information panel or other relevant information. We do not warrant that any such information is true or accurate and we exclude all liability in respect of the accuracy, completeness, fitness for purpose or legality of that information.
The content in the App is provided for general information only. Please note that the App shall not be construed as a medical tool of any sort. It is not intended to amount to advice on which you should rely. If you have any questions or concerns about the content within the apps we recommend you seek professional or specialist advice before taking, or refraining from, any action on the basis of the content of the App.
You acknowledge that when using the App, if appropriate, the functionality of the App may show the amount of sugar, saturated fat and salt in the product, as specified in 6.2. The weight of a teaspoon of sugar is calculated at four grams, the illustrations in the App are a visual representation only.
Although we make reasonable efforts to update the information in the App, we make no representations, warranties or guarantees, whether express or implied that the content of the App is accurate, complete or up-to-date.
You acknowledge that the information may be updated, altered or removed, from time to time, at any time, without notice to you.
We are not responsible for any data usage, roaming or other charges you incur when accessing the internet through your mobile or other Device, as specified in condition 1.4.
We only supply the App and Services for domestic and private use. You agree not to use the App and Services for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
The App is designed for persons over the age of 18 years old and the advice presented is not medical advice; it should not replace advice from a healthcare professional.
Limitations of Body Mass Index (BMI) measurement:
(a) Your BMI can indicate if you’re carrying too much weight but it cannot tell if you’re carrying too much fat;
(b) BMI cannot tell the difference between excess fat, muscle or bone;
(c) Adult BMI does not take into account age, gender or muscle mass.This means:
(i) very muscular adults and athletes may be classed “overweight” or “obese” even though their body fat is low;
(ii) adults who lose muscle as they get older may fall into the “healthy weight” range even though they may be carrying excess fat;
(d) Pregnancy will also affect a woman’s BMI result. The BMI of pregnant women will go up as their weight increases. If you are pregnant, you should use your pre-pregnancy weight when calculating your BMI;
(e) Eating disorders: If you have an eating disorder, the BMI calculator results do not apply. Please do seek further advice from a GP.
We may terminate this EULA immediately by written notice to you:
(a) if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; and
(b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
On termination for any reason:
(a) all rights granted to you under this EULA shall cease;
(b) you must immediately cease all activities authorised by this EULA, including your use of any Services; and
(c) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Services then in your possession, custody or control and certify to us that you have done so.
8. Communication between us
If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail:
This agreement has been entered into on the date of your first download of the App.
Freshwell is committed to protecting and respecting your privacy. The App does not require an account to use the Services.
Information we collect
Technical information, including the type of mobile device you use, an unique device identifier (for example, your Device’s IMEI number), your mobile operating system, the type of mobile browser you use (Device Information);
Details of your use of our App, content, features accessed (Log Information).
We do NOT ask for personal information and no personal identifying information is accessed or requested by the app.
Use of information
We use App usage (Device/Log) information to understand who our visitors are, how they use our services, and how we may improve their experience of our App in future. We do not disclose the specifics of this information publicly, but may share aggregated and anonymised versions of this information, for example, in App usage reports.
Data processing and storage
No personal information is collected, App usage data is stored and processed in the UK.
Information about Our use of SDKs
Our App uses SDKs to distinguish you from other users of Our App. This helps Us collect information about how you are using Our App so We can ensure We are providing you with a good experience when using Our App and allows Us to improve Our App in future. By downloading Our App, you are agreeing to Our use of SDKs.
A SDK is a piece of computer code that is used in mobile applications that allows certain software packages to run.
Analytics SDKs collect information about app usage including data about how many users are using Our App, the number of sessions running on Our App and how long each session is, from where in the world these users are logged in from, how many times Our App is crashing, what operating systems and devices are running Our App, and how many times certain of Our App features are used.
We do NOT use “cookies” to collect information about you and your activity across the App.
Limits of our policy
Our App may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.
Changes to this policy
Your rights and responsibilities
As our user, you have the right to be informed about how usage data is collected and used. No personal identifiable data is requested or collected by the Services. App usage data will help us to improve the Services. Feel free to contact us if you have any concerns or questions about how we handle App usage data.