Terms of Service

1. Introduction

1.1. These Terms of Service (referred to as the Agreement or Terms) form a binding legal agreement between you and DigestBCN. Your access to and use of the services and products offered by DigestBCN is conditional upon your acceptance of this Agreement. If you disagree with these Terms, you are not authorized to use the service or any related products.

1.2. Please pay special attention to the binding arbitration clause and class action waiver in Section 20. These sections affect how disputes between you and DigestBCN are resolved and detail certain rights you may have to opt out.

Note: You may have non-waivable rights under the laws of your jurisdiction. Nothing in this Agreement is intended to limit such rights.

1.3. By creating an account or accessing or using the website, you acknowledge and accept all terms and conditions outlined in this Agreement. If these Terms are not acceptable, do not access or use the website. By selecting I Accept, downloading, installing, or in any way using the service, you confirm that you understand and agree to these Terms, including the Privacy Policy (collectively, The Terms). Using the service signifies that both you and DigestBCN agree to be bound by these Terms. If you do not meet these requirements or disagree, you are not authorized to use the service.

1.4. Your agreement to these Terms also incorporates the terms of the Privacy Policy, available at digestbcn.com, which together with these Terms form the entire agreement.

1.5. By accepting this Agreement, you confirm that you have reviewed and agree to comply with it, have read and consent to the Privacy Policy, and commit to using the service and its content as outlined herein.

1.6. DigestBCN invites you to explore its online presence at digestbcn.com, which includes associated websites and related functionalities or services (collectively, the Service). These Terms of Service represent a binding legal agreement between you and DigestBCN concerning your use of the Service.

Note: The website may be presented differently depending on your location.

2. Who Can Access the Service?

You must be at least 18 years old to use the Service. By accepting these Terms, you confirm that you are 18 or older, have not been previously suspended or removed from the Service, and that your use is compliant with all applicable laws and regulations. If you represent an entity, you affirm that the person accepting these Terms on its behalf has the authority to bind it, and by doing so, you agree that the entity is bound by these Terms.

3. The Website, Features, and Content are not Medical Advice

3.1. DigestBCN is not a licensed medical care provider, and the information on the website is not a substitute for professional medical advice, diagnosis, or treatment. Before making health-related decisions or taking actions that could affect your health or others’, always consult a licensed physician or qualified healthcare provider. Do not delay seeking professional medical advice because of information accessed through the website. If you have health-related questions or concerns, or experience changes in your condition, contact a healthcare professional. In emergencies, immediately call emergency services.

3.2. DigestBCN disclaims liability for any errors, omissions, or technical inaccuracies in the materials provided.

3.3. The Service aims to provide educational materials for more informed decisions about nutrition and dining. The Service is intended for informational purposes only and is not a substitute for professional medical guidance or treatment. For any dietary or health concerns, always seek advice from a physician or certified medical professional. Any functionalities provided on the website are merely tools to assist with informed decisions, not to replace professional advice.

4. Registration and Eligibility

4.1. To use the website, you may need to create an account and provide personal details such as your name, birth date, and email address.

4.2. You must ensure that the information you provide is accurate and current. If it changes, you are responsible for updating it promptly.

4.3. Your account information is protected and used according to the Privacy Policy available at digestbcn.com.

4.4. DigestBCN reserves the right, at its sole discretion, to refuse account creation.

5. Using the Website

5.1. Content you submit through the website is subject to the Privacy Policy. You are solely responsible for your communications and any consequences of relying on communications found in public areas. DigestBCN is not liable for outcomes of such communications. If you feel threatened or believe someone is in danger, contact local law enforcement. In medical emergencies, call a doctor or emergency services. You agree not to use the website for any prohibited purposes. Compliance with all laws and regulations is your responsibility.

5.2. The following actions are considered a material breach of this Agreement, and you shall not:
- Resell, rent, lease, loan, sublicense, distribute, or transfer the website or rights to it.
- Modify, reverse engineer, decompile, or disassemble the website.
- Copy, adapt, translate, or create derivative works without authorization.
- Allow others to use the website, except as permitted by this Agreement.
- Circumvent or disable security or intellectual property protection measures.
- Use the website to compile data for a competitor.
- Use your account for unsolicited messages or commercial advertisements.
- Engage in illegal activities.
- Upload content that infringes on others' rights, contains hate speech, obscenity, or harmful software.
- Use data from the website to diagnose, treat, or manage health conditions.

Violation of these restrictions may result in immediate termination of your license to use the website.

6. Export and Economic Sanctions Control

6.1. The software underlying the website may be subject to export controls and sanctions laws.

6.2. By using the website, you confirm that you are not in a prohibited territory or on a denied parties list.

6.3. You agree to comply with all applicable export laws and not to use the website for forbidden purposes.

7. Limited License to the Website

7.1. DigestBCN grants you a personal, non-transferable, non-exclusive, revocable license to use the website for personal, non-commercial purposes in accordance with these Terms. You may not reproduce, distribute, or create derivative works from its content without written permission.

7.2. All rights not explicitly granted are reserved by DigestBCN. Written permission is required to use DigestBCN’s trade names, trademarks, service marks, logos, domain names, or brand features.

7.3. DigestBCN retains ownership of all content and functionalities provided, excluding user-generated content. No rights are granted beyond those stated in this Agreement.

8. License to User Content

8.1. You maintain ownership of any content you submit (User Content). By submitting it, you grant DigestBCN a non-exclusive, global, royalty-free license to use, reproduce, modify, and distribute it in connection with operating and promoting the Service, as governed by the Privacy Policy. You agree to indemnify DigestBCN against claims arising from your User Content.

8.2. DigestBCN may review and remove content at any time without notice.

9. Use at Your Own Risk

9.1. DigestBCN aims to facilitate access to health-related information but does not guarantee improvements or outcomes.

9.2. Your use of the website and reliance on any information provided is entirely at your own risk. The website does not replace professional medical devices or advice.

9.3. The Service is provided as is and as available, without warranties. DigestBCN does not guarantee error-free or uninterrupted service.

9.4. No advice or information obtained from DigestBCN creates any warranty. DigestBCN is not liable for damages resulting from your use of the Service.

9.5. DigestBCN does not provide medical advice. The Service is not a substitute for professional advice. Always consult a physician for health concerns.

9.6. These disclaimers apply to the maximum extent allowed by law.

(Sections related to subscriptions have been removed in accordance with the request.)

10. [Removed – previously subscriptions]

11. Passwords

11.1. You are responsible for maintaining confidentiality of your account login details. Notify DigestBCN if your account is compromised. You are responsible for all use of your account.

11.2. DigestBCN is not responsible for unauthorized account use if it results from your failure to secure your credentials.

12. Warranty Disclaimer

12.1. Availability and functionality may vary by location. DigestBCN does not guarantee that the website is suitable everywhere.

12.2. The website is provided without any warranties. DigestBCN does not ensure virus-free or uninterrupted operation. Your use is at your risk.

13. Limitation of Liability

DigestBCN and related parties are not liable for indirect, incidental, or consequential damages. Liability is limited to the amount paid or one hundred dollars if no payment was made. Some jurisdictions do not allow this limitation, so it may not apply in full.

14. Use of Mobile Devices

When accessing the website via mobile devices, standard carrier charges may apply.

15. Third-Party Services and Links

DigestBCN is not responsible for third-party services or their content. Accessing them is at your own risk. Any link does not imply endorsement by DigestBCN.

16. Feedback

Any feedback you provide may be used by DigestBCN without obligation or compensation.

17. Enforcement Rights

DigestBCN may monitor use of the website, remove content, terminate accounts, and report unlawful activities. DigestBCN is not liable for actions taken or not taken to enforce these Terms.

18. Maintenance

DigestBCN may update, modify, or discontinue any part of the website at any time without liability.

19. Indemnity

You agree to defend and hold DigestBCN and its affiliates harmless from any claims resulting from your violation of these Terms or misuse of the Service.

20. Dispute Resolution and Arbitration

Any dispute or claim will be resolved by binding arbitration on an individual basis. Class action waivers apply. If you reside outside the United States, local consumer protection laws may apply. Notice and dispute procedures are outlined in this section, including a method to opt out of arbitration. Small claims court remains an option for certain disputes.

21. Notice and Takedown

If you believe content on the website is infringing, you may request its removal by contacting DigestBCN with a detailed notice. DigestBCN may remove repeat infringers.

22. Other

DigestBCN may modify these Terms. Changes will be posted and become effective 30 days after posting. If you continue using the service after changes, you accept the new Terms.

If any part of these Terms is invalid, the remaining provisions remain in effect. A failure by DigestBCN to enforce any term is not a waiver.

Provisions that naturally survive termination remain effective after termination.

23. Notice Regarding Apple

If you access the website through a device or platform provided by Apple, Apple is not a party to this Agreement and has no obligations for the website. Apple may refund the purchase price if the website fails to meet warranties, but otherwise has no warranty obligations. Apple is not responsible for claims related to the website’s use. Apple and its subsidiaries are third-party beneficiaries of these Terms and have the right to enforce them against you upon acceptance.

24. Questions, Complaints, and Comments

For any questions, support, or complaints regarding these Terms or the website, contact us using the contact form at digestbcn.com. Please communicate respectfully; threatening or abusive behavior may result in suspension or further action.