Last updated
August 20 2022
END USER LICENSE AGREEMENT
Terms of Use
Definition
The following terms have the definitions given:
App: the application Bokha and all of its pages and screens.
User: the mobile device user using the App.
Publisher: the artificial or natural person responsible for publishing the App and for its content.
Store: refers to the online application downloading platform used by the Publisher to publish the App, and used by the User to download the App, namely the Google Play Store and Apple Store.
APP PURPOSE
The purpose of the App is to scan products barcodes to return their contents. These contents include :
- the name of the product
- the name of the brand producing the product
- allergens
- traces
- additives
User can set in the settings the allergens they want to detect. If one of these allergens is found in a product, it will be displayed on the product detail, after a scan, or if the page is opened from the history or favorite tab. Products pages can be put into favorites
SCOPE OF LICENSE
User may not share or make the App available to third parties, sell, rent, lend, lease or otherwise redistribute the App.
User may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the App, or any part thereof (except with Publisher’s prior written consent).
Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
DATA DISPLAYED IN THE APP
Data displayed in the App concerning products, such as photos, brand name, product name, allergens, traces and additives come from an external database, provided by Open Food Facts (openfoodfacts.org).
Therefore, the Publisher is not responsible for the accuary of the given data.
TECHNICAL REQUIREMENTS, MAINTENANCE OR SUPPORT
The Publisher is not obligated, expressed or implied, to provide any maintenance, technical or other support for the App.
The Publisher may not be held liable for technical unavailability of the connection, regardless of whether this is due to an event of force majeure, maintenance, an update, a change, an intervention by the hosting company, an internal or external strike, a network failure, an electrical power outage, or misconfigured settings or misuse of the User’s device.
LIABILITY
The Publisher may not in any event be held liable:
- for any direct or indirect damages, particularly with regard to lost profits, lost income, lost clients, or lost data that may, inter alia, result from the use of the App, or the inability to use it;
- for a User device malfunction, downtime, misuse, or improperly configured settings, or for the use of an uncommon or obsolete device by the User;
- for the content of links or outside sources accessible by the User from the App;
- for the content of the information related to the composition of the analyzed products, such as photos, brand name, product name, allergens, traces or additives
The User recognizes that the Publisher may not be held liable for the provision of data about the analyzed products, and may not be held liable for their content.
The User expressly agrees that it is using the App at its own risk and under its own responsibility alone.
If the User has allergies or intelorances, they shouldn’t use the App to decide wich food they can eat or not
The Publisher may not be held liable for errors in the product displayed, particularly with respect to information about product analysis. It is therefore up to the User to verify the composition of the products directly on their packaging in order to be sure they are obtaining up-to-date information about their composition.
APPLICABLE LAW
This EULA is subject to French law. The Publisher reserves the right to edit it at any time.
Any disputes that may arise in the performance of these terms and conditions shall be settled as a priority by amicable means. If no amicable resolution can be reached, the parties, whether consumers or professionals, are bound to enlist a mediator prior to entering legal proceedings.
US Users : Each party specifically waives any right to trial by jury in any court in connection with any action or litigation. Any claims under this EULA shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others.