End User License Agreement

Benoit Updated by Benoit

The Yuka App is managed by the company Yuca SAS (hereafter “Yuca”), located at 3a rue des Écoles 78400 Chatou, France (R.C.S. Versailles no. 81776946600027)

Before registering on the Application, each User must carefully read this End User License Agreement (“EULA”) as well as the General Terms and Conditions and the rules regarding the Privacy Policy. The General Terms and Conditions form an integral part of this EULA.

Use of the Yuka App assumes that the User has accepted this entire EULA, including the General Terms and Conditions. Such acceptance is deemed to be as valid as the User’s handwritten signature.

The EULA and its appendices are written in French, English and Spanish. In case of divergence of interpretation, only the French version shall prevail.

Contact email: team@yuka.io

Definitions

The following terms have the definitions given:

App: the application Yuka and all of its pages and screens.

Database: the database of products used in the App.

Service: evaluation and recommendation services for food and cosmetic products.

Feature: the digital content or service that can be purchased or subscribed to through an in-app purchase in the App, corresponding to the “member” version or “premium” version.

Publisher: the artificial or natural person responsible for publishing the App and for its content.

User: the mobile device user using the App.

Client: refers to the mobile device user purchasing a Feature in the App.

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.

Score: refers to the overall score obtained by applying the evaluation method developed by the Publisher.

Purpose

The main purpose of the App is to inform consumers about the ingredients of commonly sold food and cosmetic products.

The App offers a scoring and recommendation system that analyzes information provided by the products' makers.

The App is published by the company Yuca, which is totally independent. Yuca has no contractual or financial ties of any kind with the producers and or distributors of the products evaluated by the application.

Scoring method

The food scoring method used by the App includes the following factors:

  • nutritional balance (60%)
  • presence of food additives (30%)
  • whether the product is organic (10%)

For nutritional balance, the scoring method is based on Nutri-Score, a nutritional quality information system for food products developed by Santé Publique France (www.santepubliquefrance.fr).

The cosmetics scoring method is based on analyzing all of the product's ingredients. The application evaluates the level of health risk of the ingredients that make up the products. On the other hand, the application does not evaluate their effectiveness.

Each ingredient is assigned a science-based risk level. For risk levels have been defined: High (red), moderate (orange), low (yellow), and no risk (green).

The Score assigned by the App constitutes an opinion based on the information present on the product. The terms “excellent”, “good”, “poor”, and “bad” apply only to the product's Score under the scoring method developed by the Publisher, as shown in the App. The terms “high risk”, “moderate risk”, “low risk”, and “no risk” apply only to the Publisher's opinion about the corresponding ingredient based on the scientific sources analyzed. These adjectives do not refer to the product itself or its intrinsic qualities.

Premium version

The App offers the in-app purchase of a Premium version that includes the following Features:

  • “Offline” mode: Allows the services offered by the application to be used without an Internet connection. This feature does not cover all of the products referenced in the database, only some of them (the most commonly scanned ones).
  • the “Search” feature: Allows the User to search the database of referenced products using keywords (product name, brand, etc.), without needing to scan the product to search for it.
  • the “Food Preferences” feature: Allows the User to customize the app based on their own food preferences. The App highlights unwanted ingredients in the nutritional facts and recommendations that take those preferences into account.
Database

Yuca does not guarantee that the Database and the exact composition of the analyzed products are totally reliable.

Yuca does not itself analyze the exact composition of the products. The information provided by the application relays the data provided by the products' makers. Composition or detection errors may exist. It is therefore best to check the packaging and report any errors through the App.

Yuca does not guarantee full detection of the ingredients. This is because the ingredients present on the packaging may differ from those listed in the App or that the detection of those ingredients has failed. The User must therefore always check the packaging to be safe. The App’s features are not medical advice under any circumstances.

Account in the App

Creating an account

A User who creates an account in the App can access it by logging in using the details provided at the time they register and using systems such as third-party social media login buttons. The User is fully responsible for protecting the password they have chosen. They are encouraged to use complex passwords. If a password is forgotten, they can choose a new one. This password ensures the privacy of the information contained in their account, and the user should therefore refrain from giving or sending it to a third party. If they do not, the App’s Publisher may not be held liable for unauthorized access to the user’s account.

Suspending or deleting an account

The Publisher reserves the exclusive right to block access to the App or delete the account of any User who violates this EULA (particularly but not limited to when the member has knowingly provided incorrect information in the App) or any account that has been inactive for at least a year.

Said suspension or deletion shall not be considered damaging the excluded member, who may not claim any compensation for this act. This exclusion does not prevent the Publisher from taking legal action against the User if the facts justify the case.

Rights and obligations of the User

The User agrees:

  • to only use the data relayed by the App for personal, non-commercial use;
  • to not exploit the data, opinions, recommendations, and rankings offered by the App for their personal gain;
  • to not make incorrect additions or changes to the composition of the products

Each User is free to close their account on the App. To do so, the member must send an e-mail to the Publisher indicating that they wish to delete their account, or follow the deletion procedure.

Adding products

The Users have the ability to contribute to content accessible via the App by adding or editing data about food and cosmetic products. The contributor agrees to provide true information when contributing and to follow the contribution rules. The author waives their rights to the content of the contributions, in favor of the Publisher, for any distribution or use, even if commercial in nature.

Contributors are informed that the Publisher may publish all or some of the contribution in question at the website Open Food Facts (openfoodfacts.org).

The contributor agrees to relay only information and photographs for which they own the intellectual property rights. The contributor agrees to not add information and/or photographs from other sites. The information added by the contributor must come directly from the product’s packaging. Photographs added by the contributor must have been personally shot by the contributor.

Editing products

A User who has noticed missing or inaccurate information is invited to add to it by editing the product facts. The User may also report an error to the Publisher, which will then make its best efforts to update the Database.

Contributors who deliberately delete information and/or insert incorrect information will be prohibited from using and contributing to the service, and legal action may be taken against them.

The User alone is responsible for the content they publish. The User agrees to follow the laws and regulations in force, as well as the present conditions of use. The Publisher is not required to monitor the content published by the User.

Rights and obligations of the Publisher

Access to the App

The Publisher hereby informs you that the information entered into the App is hosted on the servers of an outside service provider to which the Publisher subcontracts its hosting.

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.

The User acknowledges that they are familiar with the limitations and constraints specific to the Internet, and as such recognizes that it is impossible to fully guarantee that data exchanges are secure. The Publisher may not be held liable for damages resulting from the App, such as lost data, intrusion, virus, service breakdowns, or otherwise.

Total or partial inability to use the App and the Features, particularly owing to hardware incompatibility may not give rise to any compensation, indemnification, or holding the Publisher liable, except in the event of a proven hidden defect, non-compliance, or malfunction. If a purchase made in the App is not provided, the User has up to three months (from the date of purchase) to object. Once that period has passed, no complaint will be accepted.

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 (food or cosmetics) and the evaluations, analyses, recommendations, or opinions related to them.

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. The App provides the User with information as an example. The Publisher does not guarantee the accuracy, completeness, or exhaustiveness of the information and data found in the App. The Database changes, particularly when products are added and/or edited by the User and Publisher.  The User alone is responsible for choosing a purchasing a Feature.

The Publisher may not be held liable for errors in the Database, 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.

The Publisher cannot guarantee the usefulness of the App’s information and recommendations. The App is not in any event a substitute for consulting with a health professional, such as a dietician or a doctor. The information and recommendations may contain errors and must not in any event be used for medical purposes.

Hyperlinks relayed on the App may redirect to other applications or websites, and the Publisher of the App may not be held liable if the content of those applications and sites violate the law. Likewise, the Publisher may not be held liable if the use of those applications or sites by the user causes it any harm.

Intellectual property rights

The exclusive use of the Yuka brand, logos, software, analysis methods, recommendation methods, graphical elements, databases, and more generally, all content offered by the App is reserved for the benefit of the Publisher, or potentially its partners. Anyone who communicates, represents, reproduces, embeds, distributes, or redistributes them may face penalties as provided in particular in the Intellectual Property Code, Civil Code, and Commerce Code of France.

Any member who violates the protected items in this way may have their account deleted without prior notice or compensation, and without that deletion constituting damages, without prejudice to potential subsequent legal proceedings against them, at the initiative of the Publisher of the App or its agent.

Applicable law, mediation, and competent judge

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.

If no agreement can be reached by the parties, the Tribunal de Grande Instance of Paris (France) alone has jurisdiction to settle the dispute.

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