terms of use

Last Updated: June 2021

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING ANY RECOMPOSER WEBSITE OR MOBILE APPLICATION (OR ANY CONTENT, PRODUCT, SERVICE, OR FEATURE AVAILABLE THROUGH THE WEBSITE OR MOBILE APPLICATION) (COLLECTIVELY, THE “SITE”), YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AS WELL AS ANY ADDITIONAL TERMS AND RESTRICTIONS PRESENTED IN RELATION TO SPECIFIC CONTENT OR A SPECIFIC PRODUCT, SERVICE OR FEATURE (COLLECTIVELY, THE “SITE TERMS”). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE.

By using the Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorised to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify Recomposer for violations of these Site Terms.

privacy policy

Recomposer is committed to protecting your privacy. Please refer to our privacy policy for information on how we collect, use and disclose personal information.

ownership of the site and its contents

The Site is owned by Recomposer FZE, a company registered in the United Arab Emirates (UAE) with its registered office at P.O. Box 4422, Creative Tower Fujairah, Fujairah, UAE (“We” or “Us” as the case may be).  For the purposes of these Terms & Conditions, the terms “We” and “Us” refer to Recomposer FZE. Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (“Recomposer Content”), is owned by Recomposer, its licensors, or its third-party partners. All elements of the Site, including the Recomposer Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property. We also appreciate any feedback or other suggestions about our services that you may submit to us, but you understand that we may use such feedback or suggestions without any obligation to compensate you for them.

use of the site

The Site and the Recomposer Content are intended for customers of Recomposer. You may not use the Site or the Recomposer Content for any purpose not related to your business with Recomposer. You are specifically prohibited from: 

  1. downloading, copying, or re-transmitting any or all of the Site or the Recomposer Content without, or in violation of, a written license or agreement with Recomposer FZE; 
  2. using any data mining, robots or similar data gathering or extraction methods; 
  3. manipulating or otherwise displaying the Site or the Recomposer Content by using framing or similar navigational technology; 
  4. registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Recomposer product or service if you are not expressly authorised by such party to do so; 
  5. reverse engineering, altering or modifying any part of the Site or the Recomposer Content; 
  6. circumventing, disabling or otherwise interfering with security-related features of the Site or any system resources, services or networks connected to or accessible through the Site; 
  7. selling, licensing, leasing, or in any way commercialising the Site or the Recomposer Content without specific written authorisation from Recomposer; and 
  8. using the Site or the Recomposer Content other than for its intended purpose. 

Such unauthorised use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. 

You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data.

Recomposer will not be responsible to pay you or any Third Parties fees in connection with billing or collecting any licensing fees from you. You are responsible for all applicable taxes and any applicable Third Party fees (including but not limited to credit card fees, foreign exchange fees and cross border fees.)

copyright infringement policy

Recomposer reserves the right to terminate, in appropriate circumstances and at Recomposer FZE’s sole discretion, account holders who infringe the intellectual property rights of Recomposer FZE or any third party.

copyright complaints

If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:

Copyright
Recomposer FZE
PO Box 4422
Creative Tower Fujairah
United Arab Emirates

E-mail: legal@recomposer.com

user information sharing

This site enables the communication and processing of information between users including, but not limited to, personal identification information, body composition data, food intake data, exercise data, general notes and comments (“User Content”). You are solely responsible for your use of such User Content and use it at your own risk. 

You agree not to input, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following:

  1. Any User Content that is unlawful, libellous, defamatory, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. User Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By inputing any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content;
  4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  5. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, identification numbers and credit card numbers;
  6. Viruses, corrupted data or other harmful, disruptive or destructive files; and
  7. User Content that, in the sole judgment of Recomposer, is objectionable or which restricts or inhibits any other person from using or enjoying the User Content or the Site, or which adversely affects the availability of its resources to other users.

Recomposer takes no responsibility and assumes no liability for any User Content inputed, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Recomposer liable for any advice, recommendation, threat, defamation, slander, libel, omissions, falsehoods or profanity you may encounter. Your use of User Content is at your own risk. As a provider of User Content, Recomposer FZE is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other media. Although Recomposer has no obligation to screen, edit or monitor any of the User Content, Recomposer reserves the right, and has absolute discretion, to remove, screen or edit any User Content inputed or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you input or store on the Site at your sole cost and expense. Any use of the User Content or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Site. You acknowledge and agree that Recomposer may access, use or disclose any information about you or your use of this Site, including without limitation any User Content to comply with the law or any legal process; protect and defend the rights or property of Recomposer FZE; or to protect the safety of our company, employees, customers or the public. You represent and warrant that 

  1. you own and control all of the rights to the User Content that you input or you otherwise have the right to input such User Content to the Site; 
  2. the User Content is accurate and not misleading; and 
  3. Use and input of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.

registration data and account security

In consideration of your use of the Site, you agree to: 

  1. maintain the security of your password and User Content; 
  2. notify Recomposer immediately of any unauthorised use of your account or other breach of security; 
  3. accept all responsibility for any and all activities that occur under your account, and 
  4. accept all risks of unauthorised access to the User Content and any other information you provide.

indemnification

You agree to defend, indemnify and hold harmless Recomposer, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable medical fees and attorneys’ fees) arising out of, or related to, any content that you or another user inputs, stores or otherwise transmits on or through the Site, your conduct, your application or interpretation of Content within Recomposer, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your improper or unauthorised use of the Recomposer Content, or your violation of any rights of another.

disclaimer

THE SITE, INCLUDING WITHOUT LIMITATION THE RECOMPOSER MOBILE APP AND THE RECOMPOSER CONTENT, ARE PROVIDED “AS IS” AND RECOMPOSER FZE AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. RECOMPOSER FZE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE RECOMPOSER CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT RECOMPOSER FZE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE RECOMPOSER CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE RECOMPOSER CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

Recomposer uses reasonable efforts to ensure the accuracy, correctness and reliability of the Recomposer Content, but we make no representations or warranties as to the Recomposer Content’s accuracy, correctness or reliability.

limitation of liability

IN NO EVENT SHALL RECOMPOSER FZE, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE RECOMPOSER CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM RECOMPOSER, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORISED ACCESS TO RECOMPOSER’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF RECOMPOSER FZE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO RECOMPOSER FOR ACCESS TO OR USE OF THE SITE.

applicable law and venue

Any dispute relating in any way to your use of the Site or the Recomposer Content shall be submitted to confidential arbitration in the United Arab Emirates (UAE), except that, to the extent you have in any manner violated or threatened to violate Recomposer’s intellectual property rights, Recomposer may seek injunctive or other appropriate relief in the UAE, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the UAE. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.

termination

Notwithstanding any of these Site Terms, Recomposer FZE reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.

cancellations

You are able to cancel our services at any time by pressing the ‘deactivate’ button on the ‘client info’ or ‘profile’ page of any accounts you control. Deactivating an account blocks access to the User Content and ceases the accrual of any further fees for that account.

You can also delete accounts under your control, and all of the associated User Content, by pressing the ‘delete’ button and confirming the deletion. If you wish to delete all backup copies of your data, please email your request to legal@recomposer.com.

miscellaneous provisions

Any waiver of any provision of the Site Terms will be effective only if in writing and signed by Recomposer FZE. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.

user account transfers

We will honour user requests to transfer their “Client” account to a different “Coach” (or “Company”) account. Transfer requests must be made by email to us, from the Client account login email. “Coach” or “Company” users may delete user accounts under their control. Requests to transfer deleted user accounts will be declined. We will not transfer any “Coach” account to any other “Company”.

personal injury

Information presented by Recomposer is based on data input by users. Recomposer presents the information that users have programmed it to present, without discrimination or prejudice. We accept no responsibility for damages suffered by users who use or apply that information.

fees

The fees for the use of our Site are  based on the number of days that the account(s) that you control have an ‘active’ status (total ‘activated days’). You will be charged for each ‘activated day’ irrespective of the portion of the day that the account is in the active state. It is your responsibility to ‘deactivate’ the account(s) under your control to prevent unwanted charges. Accounts can be deactivated on the associated ‘profile’ or ‘client info’ page. The fees are disclosed on the same page that you enter your payment details, and at recomposer.com on the ‘Pricing’ page.

Invoices are Should your payment be rejected, we reserve the right to suspend your User Account until the outstanding payment is settled. We will send you an email requesting that you settle all outstanding payments. If such amounts are not settled within the requested timelines Recomposer may terminate your App Agreement and take any legal actions that it deems necessary in order to recover the outstanding payment including seeking compensation for any damages you caused.

payments

Invoices for fees may be charged weekly or monthly, depending on your account type and agreement with us. Payment may be made by the credit or debit card you enter into the payment form on the Site. An email will be sent to your account email address notifying you of a new invoice 7 days prior to your card being charged. Detailed invoices are available on your Profile page by selecting “invoices”. If you believe an error has been made with an invoice you should contact us via email at accounts@recomposer.com.

refunds

All fees are non-refundable except at our discretion or otherwise required by law or the terms of this Agreement.

changes to site terms

Recomposer FZE reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the “last updated” date at the top of the Site Terms. Any changes will be effective immediately upon inputing on the Site. Your continued use of the Site following the inputing of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.

questions and contact information

Please contact us at legal@recomposer.com or via the contact page at recomposer.com if you have any questions or comments about the Site or Site Terms.

© 2020-2021 Recomposer FZE. All rights reserved. Terms and Conditions of Use.