Terms of Use
HappyDiab srl is a health information and coaching solution dedicated to supporting users (individuals concerned about their well-being, athletes, people in rehabilitation, or anyone with specific health goals) in managing their diet and physical activities. Relying on a rigorous, scientifically validated database, HappyCook provides personalized responses to dietary queries, offers recipes tailored to the user's preferences, advises on specific diets based on sporting or health goals, and provides advice on exercises suited to medical conditions or well-being objectives (the "HappyCook System" or the "Site").
Although it is a valuable tool for guiding your food and fitness choices, HappyCook is in no way a substitute for advice from a qualified professional in the fields of nutrition, sports medicine, or other medical specialties.
HappyCook is not responsible for potential errors related to the information entered by the user or their interpretation. It is designed as a support and coaching service for nutrition and physical activity but cannot replace the advice of a dietitian, nutritionist, physiotherapist, doctor, or other qualified professional. If you have any doubts regarding a diet or a fitness program, it is essential to consult a healthcare professional or a nutrition expert for reliable advice suited to your needs.
HAPPYCOOK IS NOT INTENDED TO ESTABLISH A DIAGNOSIS, PERFORM SCREENING, OR REPLACE A THOROUGH MEDICAL EXAMINATION. USERS MUST UNDERSTAND THAT HAPPYCOOK IS A SERVICE FOR ANALYZING AND MANAGING NUTRITIONAL AND PHYSICAL ACTIVITY INFORMATION, BASED ON SCIENTIFICALLY VALIDATED DATA. HOWEVER, IT CANNOT REPLACE THE PERSONALIZED ADVICE OF A NUTRITION PROFESSIONAL, A DOCTOR, A PHYSIOTHERAPIST, OR ANY OTHER QUALIFIED HEALTH PROFESSIONAL. IT IS ESSENTIAL THAT ANYONE FACING A HEALTH ISSUE OR SITUATION CONSULT A QUALIFIED AND EXPERIENCED HEALTH PROFESSIONAL FOR RELIABLE AND SUITABLE ADVICE.
BY USING THE HAPPYCOOK SYSTEM, AND AS A CONDITION FOR ITS USE, YOU AGREE TO COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT ACCESS THE SITE, THE SERVICES IT ALLOWS YOU TO USE, OR THE INFORMATION IT CONTAINS.
THE USE OF THE SITE IS ALSO SUBJECT TO THE PRIVACY STATEMENT AVAILABLE AT WWW.HAPPYCOOK.COM ("PRIVACY STATEMENT"), WHICH EXPLAINS HOW WE COLLECT, PROTECT, STORE, DISCLOSE, AND, IN CERTAIN CASES, TRANSFER THE PERSONAL INFORMATION YOU PROVIDE WHEN USING THE SITE.
You do not need to create a user account in the HappyCook System to simply visit and view the Site.
You must explicitly authorize us to process your personal health data in order to use the HappyCook System. You can withdraw your consent at any time by following the steps to delete your account in the HappyCook System. After withdrawing your consent, your personal information will no longer be processed accordingly. However, the withdrawal of your consent does not affect the processing of your personal information that has already begun or is conducted based on your prior consent or authorization.
General HappyCook allows only one account per email address in the HappyCook System and reserves the right to limit the number of devices associated with an account in the HappyCook System.
By using this Site, you declare, acknowledge, and agree that you are at least 18 years old. If you are a child under the applicable law of the country where you reside, you may only use this Site with the consent of your parent/guardian. If you are a parent/guardian of a child, you must create an account for them in the HappyCook System. In this regard, you understand and agree that you are responsible for your child's use of the Site and the HappyCook System, as well as any violation of these Terms of Use committed by your child, which may result in the closure or suspension of your account in the HappyCook System.
Account in the HappyCook System The Site is the portal that allows you to create an account in the HappyCook System, where your personal information, including health-related information, is stored and analyzed by you and your healthcare professional. Refrain from disclosing any information related to your account registered in the HappyCook System to anyone.
You must not share the login credentials of your registered account in the HappyCook System and/or its password. You are responsible for the confidentiality and security of your account in the HappyCook System and for all activities conducted on or through your account. You agree to inform HappyCook of any security incident you become aware of or any failure affecting your registered account in the HappyCook System, including when you suspect your password has been potentially hacked. HappyCook disclaims any responsibility for any loss, theft, or compromise of passwords or any activity on your account in the HappyCook System performed by unauthorized users or for any loss resulting from or related to the unauthorized use of your account in the HappyCook System at your initiative.
If you already have an account in the HappyCook System, you can log in using your email address and password. Your use of this Site is subject to these Terms of Use. It is your responsibility to ensure you have a stable internet connection, as well as the necessary hardware and peripherals to use, access, and operate the HappyCook System. You agree to use the HappyCook System only in the manner expressly authorized in this Agreement. HappyCook, its affiliates, and its suppliers own all rights, titles, and interests in the HappyCook System and the content offered on the Site, including logos, graphics, videos, photos, software, and other elements
Subject to these Terms of Use and your compliance with them, HappyCook grants you and any child under your care a limited, personal, non-exclusive, and non-transferable license to use and display the Elements and to use this Site exclusively in a private setting. Except for the above-mentioned license, you have no other rights to the Site or the Elements, and you may not modify, edit, copy, reproduce, create derivative works, reverse-engineer, alter, enhance, or exploit them in any way. If you, or anyone under your responsibility, violate any provision of these Terms of Use, the above license will automatically terminate, and you must immediately destroy all downloaded or printed Elements.
Use of the HappyCook System by a parent/guardian A parent/guardian can create an account in the HappyCook System for a child. Adults are responsible for the child for whom they create an account in the HappyCook System. By agreeing to create an account in the HappyCook System for a child when prompted, you agree to monitor the child's use of the HappyCook System. You agree not to use your child's email address (if they have one) to create an account in the HappyCook System. The HappyCook System can only create one user account per email address. If you wish to create multiple accounts, for yourself and one or more children, you must use different email addresses. However, in all cases, you are responsible for monitoring the use your child or children make of the HappyCook System.
The HappyCook System is designed and intended for private, strictly individual use, and you agree that any account in the HappyCook System that you create for a child will be exclusively for that child and will not be shared by you or anyone else. You are responsible for the confidentiality and security of your login credentials, including your password, as well as all uses and activities carried out on this account or through it. You agree to inform HappyCook if you or your child become aware of any security incident or breach affecting the account you created for your child in the HappyCook System, including when you believe your password has been hacked. HappyCook disclaims any responsibility for any loss, theft, or compromise of passwords or for any activity on your account in the HappyCook System carried out by unauthorized users or for any loss arising from or related to the unauthorized use of the account used by your child in the HappyCook System, whether initiated by you or the child.
If you create an account in the HappyCook System as a parent/guardian for a child or use the site and an account in the HappyCook data management System for the benefit of a child, you guarantee that you have the legal authority to create an account in the HappyCook data management System for your child and are legally bound by these terms of use.
Authorized Uses of Your Account in the HappyCook System If you are an adult, you must provide certain personal information, including your email address and password, in order to use the HappyCook System and create your account within it. You agree to provide accurate and complete information when registering and using the HappyCook System, and you commit to entering only accurate, current, and complete information into your registered account in the HappyCook System. These Terms of Use allow you to set up an account in the HappyCook System if you are a private user, acting on your own behalf or on behalf of another adult or child, at home, for personal, non-commercial purposes, with the account being used by yourself or other members of your household.
If you set up an account in the HappyCook System on behalf of another adult or a child in your household, you must first communicate these Terms of Use to them and verify that the individual understands and agrees to them, as applicable.
Prohibited Uses of Your Account in the HappyCook System: You agree not to use the HappyCook System for the purpose of: Uploading, downloading, emailing, transmitting, storing, or making available in any other way illegal, harmful, offensive, privacy-violating, or otherwise objectionable data; Impersonating someone else or falsely claiming your identity, age, or relationship to others (including a child). HappyCook reserves the right to reject or block any account in the HappyCook System or any email address that could be used to falsify your identity or impersonate someone else, or that has been used to hack another user's data; Infringing on the intellectual property rights of others (including uploading content you do not have the right to upload); Uploading, publishing, emailing, transmitting, storing, or otherwise making available elements containing viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the normal functioning of the HappyCook System (or any part of it), or any other software or hardware; Disrupting or interfering with the HappyCook System (including by accessing the HappyCook System through automated means, such as scripts or indexing bots) or servers or networks connected to the HappyCook System, or violating any policies, requirements, or regulations related to networks connected to the HappyCook System (including using or accessing data transmitted over these networks without authorization, tracking such data or traffic, or attempting to do so). Reverse engineer, decompile, disassemble, decode, or modify the HappyCook System, or create derivative works based on it, or gain access to its source code, except to the extent and only if permitted by applicable law; and/or Collect, store, or upload personal information, including health information, regarding any other user of the HappyCook System.
Availability and Accuracy of Information The HappyCook System or any of its features may not be available in all languages or in all countries. The HappyCook System makes no representations regarding the adequacy or availability of its services in any particular location. By choosing to access and use the HappyCook System, you do so knowingly and are responsible for complying with the applicable local laws and regulations. All data you transmit or store in HappyCook relates solely to nutritional, dietary, or physical activity information communicated by you or by third parties. The HappyCook System makes no guarantee of the accuracy, completeness, or reliability of the information provided, whether transmitted by the user or by third parties, nor the availability of content generated from this data. In particular, the HappyCook System makes no representations regarding the compliance of the information provided with local regulations concerning the disclosure or use of health data.
Deleting Your Account from the HappyCook System You may delete your account at any time. Your account registered in the HappyCook System, along with all the information, including personal and health-related information stored in your HappyCook account, will be deleted upon receipt and processing of your deletion request, unless there is a contractual or legal obligation to retain your information in our databases. Please note that processing your request may take up to 72 hours. A parent/guardian may request the deletion of an account used by their child in the HappyCook System. HappyCook is under no obligation to retain/store or back up your account in the HappyCook System. It is solely your responsibility to maintain/manage/store and back up (in electronic format and/or on paper) any data you wish to preserve. HappyCook assumes no responsibility if your information is accessed, used, or altered without your authorization. If you email, save, screenshot, or share your account information or personal data or reports with third parties, the information may not be encrypted, and HappyCook will not be able to ensure its confidentiality or security. You must take the necessary measures to protect the security of such information. Unless required by law, you agree that your account registered in the HappyCook System is non-transferable, and any rights you may have to manage an account in the HappyCook System or store data there will terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated in the HappyCook System, and all information it contains may be deleted. Email happydiab@happydiab.com for more information. If you have chosen to share your account information in the HappyCook System with your healthcare provider, family members, and/or friends, and you delete your account, these individuals will no longer be able to access your glucose level results. HappyCook reserves the right to delete accounts in the HappyCook System after six months of inactivity. We will attempt to notify you in advance to allow you to take the necessary actions to keep your account active and continue accessing it.
Links to Third-Party Websites This Site may be linked to other websites that are neither controlled nor operated by HappyCook (collectively referred to as "Third-Party Sites"). Certain sections of the Site may allow you to interact with and/or conduct transactions with these Third-Party Sites and, where applicable, allow you to set privacy settings for your account on the Third-Party Site to share the activities you perform on this Site with the contacts stored in your account on the Third-Party Site, and in some cases, you may be redirected to a Third-Party Site via a link, even though you may feel you are still on this Site. In all cases, you acknowledge and agree that Third-Party Sites may have privacy policies, terms of use, and/or business practices that differ from HappyCook's, and that your use of those Third-Party Sites is governed by their privacy notices, terms of use, and/or guides. Furthermore, you acknowledge and agree that your use of these Third-Party Sites is governed by the privacy notice, terms of use, and/or guides of those Third-Party Sites. By using these links, you accept all the terms, guides, and privacy policies of the Third-Party Sites. HappyCook provides links to Third-Party Sites for convenience but does not verify, make any representations about, or assume any responsibility for those Third-Party Sites, including but not limited to the truthfulness, accuracy, quality, or completeness of the content, services, links, and/or other activities conducted on or through these Third-Party Sites.
You agree that HappyCook will not be responsible, directly or indirectly, for any products, services, information, resources, and/or content available on any Third-Party Site or through it, any transactions or communications with third parties, nor for any harm, damage, or loss caused, or allegedly caused, by or in connection with the use or reliability of the content or business practices of any third party. No reference made on the Site to products, services, publications, establishments, or entities of third parties (whether individuals or companies) constitutes or implies any endorsement or recommendation by HappyCook.
Nutrition and Physical Activity Advice The HappyCook System is designed to provide general advice on nutrition, diet, and physical activities, as well as recipe suggestions and recommendations based on scientifically validated data. However, it is not intended to diagnose medical conditions or conduct screenings. If in doubt about a health issue, it is essential to consult a doctor or another qualified healthcare professional.
Users should never disregard the advice of a healthcare professional or delay seeking medical attention based solely on information obtained through the HappyCook System. While HappyCook provides analyses and advice based on rigorous data, it should never replace personalized medical follow-up.
It is crucial to follow the guidance of your doctor, dietitian, nutritionist, or another qualified professional if you encounter any irregularities in your eating habits or changes in your health status. The HappyCook System is not responsible for the direct care of users or for altering medical treatments.
The HappyCook System assists by providing data, analysis, and additional information, but the final responsibility for discussing this information, interpreting the results, and making dietary or exercise decisions lies with you, your doctor, and qualified healthcare professionals. HappyCook does not recommend or endorse any specific test, product, procedure, or opinion.
If you choose to act based on the information provided by the HappyCook System, you do so at your own risk.
Absence of Medical Record The information provided to you through the HappyCook System does not constitute an electronic medical record. If you deem it necessary to include any information contained in your HappyCook account in your medical records at your sole discretion, you may reproduce this information by printing it.
Exclusion of Warranties You expressly acknowledge and agree that your use of the HappyCook System is at your own risk, and that, to the extent permitted by law, you assume full responsibility for the risks associated with its ability to provide satisfactory quality, performance, accuracy, and functionality.
The HappyCook System is designed to facilitate access to medical data and provide useful information for its analysis. Any content provided by the HappyCook System has the sole purpose of allowing a better understanding of medical data and supporting users in interpreting this information. Although HappyCook believes that the data displayed in the HappyCook System is accurate when transmitted, HappyCook makes no representations, express or implied, regarding the accuracy, completeness, or timely availability of the information. Some of the warranty exclusions mentioned above may not apply in certain countries/states or provinces/jurisdictions, and therefore, they may not be fully applicable to you. HappyCook will not be responsible for any errors, omissions, or delays related to the transmission of information, or any interruptions of any telecommunications connection with the HappyCook System.
To the fullest extent permitted by applicable law, HappyCook (its affiliates and third-party suppliers) provides the HappyCook System "as is" and "as available," with all its defects and imperfections and without any other warranty whatsoever. This includes the exclusion of all other warranties and conditions, whether express, implied, or statutory, including, without limitation, warranties of title and non-infringement of third-party rights, and all implied warranties, obligations, or conditions of merchantability, fitness for a particular purpose, and absence of viruses. No information, verbal or written, provided by HappyCook or an authorized representative of HappyCook, shall be construed as a warranty.
HappyCook, its affiliates, and its third-party suppliers do not guarantee that the functions contained in the HappyCook System will meet your needs or that the operation of the HappyCook System will not be interrupted or will be error-free. Some countries/states and some provinces/jurisdictions do not allow the exclusion of implied warranties or the limitation of the duration of implied warranties. Therefore, it is possible that the exclusions above may not fully apply to you. To the extent that applicable laws require HappyCook to provide warranties, you agree that the scope and duration of such warranties will be the minimum required under the relevant laws.
HappyCook makes no warranty and makes no representations regarding third-party hardware or software and disclaims any responsibility for any failures of these. HappyCook disclaims any liability arising from lawsuits or claims against HappyCook or its affiliates, agents, or assigns, or other third parties, in connection with the enforcement of these terms and conditions. Some countries/states and some provinces/jurisdictions do not allow warranty exclusions. Therefore, it is possible that the exclusions above may not fully apply to you.
Limitation of Liability Notwithstanding any losses you may incur and to the extent permitted by law, the total liability incurred by HappyCook, its affiliates, and its suppliers under these Terms of Use or in connection with them, and the sole remedy available to you, will be limited to the repair or correction of any defects in the HappyCook System. To the extent permitted by applicable law, HappyCook, its affiliates, or its suppliers will not be liable for any damages, including but not limited to special, incidental, indirect, or consequential damages (including, without limitation, damages arising from loss of profits, loss of data or other information, or business interruption, personal injury, privacy breach arising from or related to the use or inability to use the HappyCook System, third-party software and/or third-party hardware used or that may be used with the HappyCook System, losses caused by viruses or other technologically harmful agents that may infect your device from downloading the mobile app/content/a website linked to the HappyCook System, or generally in connection with any provision of these Terms of Use), even if HappyCook, its affiliates, or third-party suppliers were advised of the possibility of such damages and even if the remedy provided fails to fulfill its primary purpose. If an error occurring in the HappyCook System causes computer issues and associated data loss, you alone are responsible for implementing backup plans and protective Systems according to your needs. For these commercial reasons, you understand and accept the liability limitations set forth in this section and acknowledge that without your consent to this provision, any applicable fees would be higher.
Certain countries/states and certain provinces/jurisdictions prohibit or limit the exclusion or limitation of liability or incidental or indirect damages, so the limitations or exclusions in this section may not fully apply to you, and any liability must, to the extent possible, be assumed according to the law in force.
Except for the information you share with your healthcare professional through the HappyCook System, when you choose to share your personal information, including health-related information, from your registered HappyCook account with third parties, including third-party applications, you acknowledge and agree that, to the extent permitted by law, neither HappyCook nor its business partners are responsible for your decision to share and/or disclose your personal data, including your health information. Furthermore, you hereby release HappyCook and its business partners from any liability arising from the collection or any other processing of your personal information by the aforementioned third parties.
Indemnification You agree to indemnify, defend, and hold harmless HappyCook, its affiliates, and their respective officers, directors, employees, agents, successors, assigns, and licensors against all claims, demands, liabilities, losses, costs, and expenses (including attorney's fees and other expert intervention fees) made by third parties, incurred by them or borne by them due to, or in connection with, a breach of these Terms of Use or the laws, regulations, or rights of third parties, including their copyrights or intellectual property rights, committed by you or other members of your household or organization, or generally in connection with your or their use of the HappyCook System, due to negligence, omission, or intentional misconduct.
License HappyCook does not claim ownership of the data you transmit or submit to the HappyCook System. By disclosing your personal information to HappyCook, you grant it a non-exclusive, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publish, and translate the relevant information in order to provide you with the HappyCook System. HappyCook may create, access, store, and use, or disclose to third-party researchers, aggregated, non-identifiable, or anonymized (or pseudonymized, to the extent permitted by applicable law) information from the HappyCook System for research purposes, to assess how the HappyCook System is made available to users, to evaluate its use and various components and equipment, to assess its performance, to improve the operation of the HappyCook System, to validate updates to the HappyCook System, or to develop new products. You agree that the license granted hereunder allows HappyCook to take such actions.
Feedback Any data, comments, or documents you communicate via the HappyCook System or provide to HappyCook for assistance, including feedback such as questions, comments, suggestions, etc. ("Feedback"), will be considered non-confidential and non-exclusive. HappyCook has no obligation of any kind regarding such feedback and is free to reproduce, use, disclose, display, transfer, or distribute the feedback to third parties, or to create derivative works from such feedback, without limitation, except for health information and personal information that may be included in the feedback. Furthermore, HappyCook is free to use the ideas, concepts, know-how, or techniques mentioned in such Feedback for any purpose, including the development, manufacturing, and marketing of products that take such feedback into account.
Trademarks HappyCook and any associated marks are trademarks of HappyCook in various territories. Other trademarks are the property of their respective owners. No license or right, either explicit or implicit, is granted to you regarding the aforementioned trademarks, and you also agree not to remove, obscure, or modify any proprietary notices (including those related to trademarks and copyrights) that may be placed on or contained within the HappyCook System. No use of HappyCook's trademarks, trade names, or trade dress may be made without prior written authorization from HappyCook, except to identify the company's products or services.
Property Rights You acknowledge and agree that HappyCook and/or its licensors hold all rights, titles, and interests in and to the HappyCook System, including, but not limited to, graphical elements, user interfaces, scripts, and any software used to implement the HappyCook System, as well as all software, including open-source software, or documents provided to you within the HappyCook System and/or in connection with it, including all applicable intellectual property rights under these terms, whether registered or not, and in any region of the world where such rights may apply. You also agree that the HappyCook System contains proprietary and confidential information protected by intellectual property rights and other applicable laws, including, but not limited to, copyright law. You agree not to use such information or data in any way, except in connection with the use of the HappyCook System in accordance with these Terms of Use. No part of the HappyCook System may be reproduced in any form or by any means, except to the extent that these Terms of Use or applicable laws expressly permit. You may not remove any product identification elements, copyright notices, or any proprietary rights restrictions associated with the HappyCook System. You expressly acknowledge and agree that access to the HappyCook System is granted under a license that is not sold to you, and that HappyCook, its licensors, affiliates, and suppliers grant you a non-exclusive license to use the HappyCook System under these Terms of Use. Your use of the HappyCook System is also subject to any rules or policies applied by HappyCook's affiliates and third-party suppliers. Therefore, you agree that HappyCook and/or its licensors do not transfer to you any ownership rights to the HappyCook System, any intellectual property rights, or any other technologies, data, or elements, and, in consideration of the relationship between the parties, HappyCook, its affiliates, suppliers, and licensors retain exclusive ownership of all rights, titles, and interests in all aspects of the HappyCook System, any intellectual property rights, and other technologies, data, or elements, as well as all copies or modifications thereof (whether made by HappyCook or others, and irrespective of the creation date).
The rights not expressly granted herein are reserved by HappyCook and/or its licensors. The use of the materials and associated rights owned by HappyCook, its affiliates, and its suppliers is expressly recognized, unless and only to the extent that such recognition is ineffective in certain countries/states and certain provinces/jurisdictions.
Termination of Your Account in the HappyCook System These Terms of Use apply as soon as you create an account in the HappyCook System and remain valid until termination. You may request HappyCook to delete your account from the HappyCook System at any time. HappyCook may suspend or close your account in the HappyCook System without notice for the following reasons: Any violation you may commit regarding these Terms of Use. You have failed to provide accurate, up-to-date, and complete information in your HappyCook System account. You have failed to report a security incident or a breach, whether actual or suspected, of your registered account's password in the HappyCook System.
Applicable law The general terms and conditions will be governed by and interpreted in accordance with Belgian law. Any dispute not resolved through negotiation will be brought before the materially competent courts.
In the event that any provision of the general terms and conditions is declared void or ineffective, such provision will be interpreted in a manner that best reflects the parties' intentions, and the remaining provisions will remain fully applicable.
The failure to enforce or the absence of a claim for enforcement by HappyCook of any provision of the general terms and conditions or any of its rights shall not be interpreted as a waiver by HappyCook of such provision or right.
Modification of the HappyCook System Terms of Use HappyCook reserves the right to modify these Terms of Use at any time and to impose new terms or additional conditions regarding your use of the HappyCook System. These modifications and additional terms will be displayed on the screen during your next use of the Site. If you accept them, they will apply immediately. In the event that you refuse to accept the modifications, HappyCook shall have the right to terminate these Terms of Use, end your use of the Site, and close your account in the HappyCook System with four weeks' notice.
