1. Acceptance of Terms

1.1 These Terms and Conditions of Use (“Terms and Conditions”) govern your access to and use of the Choner mobile application, available on the Apple App Store and Google Play Store (“App”). Choner is currently operated by its founding team as an unincorporated entity.

1.2 These Terms and Conditions create a legally binding agreement between you and the operators of Choner (“Choner Team”).

1.3 In these Terms and Conditions, “we,” “us,” and “our” refer to the Choner Team, and “you” and “User” refer to any individual who accesses or uses the App.

1.4 By using or accessing the App and the services provided, including any content, resources, or tools made available through the App (“Services”), you agree to (i) these Terms and Conditions, (ii) our Privacy Policy, and (iii) our Cookies Policy. Your continued use confirms that you have read and understood these documents, which form part of this agreement.

1.5 Choner provides access to the Services through the App. The Services, including updates, new tools, and any future changes, are subject to these Terms and Conditions.

1.6 The Choner Team reserves the right to modify, delete, or suspend any part of the App or these Terms and Conditions, the Privacy Policy, or the Cookies Policy at any time without prior notice. You agree that the Choner Team shall not be liable to you or any third party for any such modifications, suspensions, or discontinuation of Services. Please review these Terms and related policies each time you access the App.

1.7 If you do not agree with these Terms and Conditions or do not meet the eligibility criteria to be bound by them, you must immediately stop using the App.

2. Health Disclaimers

2.1 Choner does not offer or provide any medical advice or other healthcare services, including, without limitation, any advice, test, evaluation, prescription, procedure, or therapy relating to exercise, nutrition, weight loss, or well-being, mental health, or relating to the prevention, diagnosis, or treatment of any injury, illness, disease, or condition.

2.2 The information provided on the Choner platform is not a substitute for professional medical advice, diagnosis, or treatment. You should consult a qualified medical professional for any concerns or questions about your health.

2.3 Do not disregard or avoid obtaining proper medical advice for any information you may have read or obtained on the Choner platform or through the Choner services.

2.4 Do not follow the exercise plans or nutritional guidance provided by Choner if your doctor or healthcare provider has instructed you not to do so.

2.5 Choner does not assume any liability for inaccuracies or misstatements about exercises, food recipes, or other content on the platform.

2.6 The user is responsible for reading the information about food products provided by their respective manufacturers, including composition, nutritional value, allergens, and restrictions before consuming them.

2.7 Choner does not guarantee the level of success or attainment of objectives you might achieve. Individual results may vary based on various factors, including but not limited to individual capacity, life experience, genetic profile, starting point, knowledge, and effort.

2.8 The user expressly assumes responsibility at their own risk for injuries, illnesses, accidents, or any health problems that may result from using the Choner platform or information provided through the Choner services.

2.9 To the maximum extent permitted by applicable law, the user expressly agrees that Choner does not provide medical advice via the services. All content provided through the services, whether provided by Choner or third parties, is not intended to be and should not be used in place of the advice of the user’s physician or other health professionals.

3. Limitation of Liability

3.1 Choner exercises reasonable diligence to ensure that all information contained on the Choner platform is accurate and up-to-date. However, the use and reading of the content on the platform is solely at the User’s own risk.

3.2 The User is solely responsible for their use of the Choner platform and its content, and for evaluating the information obtained through the platform.

3.3 Choner takes appropriate security measures to detect the presence of viruses. However, Users should be aware that security measures for computer systems on the Internet are not entirely reliable, and therefore Choner cannot guarantee the absence of viruses or other elements that may cause changes to the User’s computer systems (software and hardware) or the electronic documents and files contained therein.   

3.4 Choner assumes no responsibility for damages resulting from delays or blockages in accessing the services provided through the platform due to deficiencies or overloading of the Internet, electrical lines, or systems or communications systems; or damages caused by viruses, service interruptions, malfunctions, failures, interferences, content cancellation, or Internet-related issues.

3.5 Choner shall not be liable for any breach of its obligations under these Terms and Conditions if such breach is the result of illegal actions by third parties or circumstances beyond its control.

3.6 Choner shall only be liable for any damage caused to the User arising directly from its willful or grossly negligent actions. This does not exclude Choner’s liability for damage to life, moral or physical integrity, or the health of persons, or liability for non-contractual property damage caused to the counterparty or third parties, provided that it is attributable to Choner.

3.7 Choner has no liability regarding its right to implement any changes to the Services at any time, with or without notice, that might result in difficulties accessing the Services at certain times or the deletion of, or failure to make available to you, any content or services.

3.8 When an event or fact beyond the reasonable control of Choner takes place (Force Majeure), Choner shall not be liable or responsible for the breach or delay in performance of any of its obligations under the Contract.

3.9 You acknowledge that the limitations mentioned above might not apply to you, because some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, and for that our liability shall be limited to the maximum extent permitted by law.   

4. Approval

4.1 Without prejudice to the other clauses of these Terms and Conditions, Choner authorizes any User to use the Choner platform solely for the purposes set out in these Terms and Conditions.

4.2 Violation of these Terms and Conditions may result in the termination of the license granted by Choner.

5. Use of the Services

5.1 To use the Choner platform, you must be at least 18 years old or of legal age in your country or territory of residence.

5.2 By using or subscribing to Choner, you represent and warrant that you are a natural person of at least 18 years old.

5.3 Choner encourages parents and guardians/legal representatives to monitor their children’s use of the platform and to ensure they have permission before using the Services.

5.4 Choner is not responsible for verifying the age or obtaining consent from minors.

5.5 To use the Services, you must create and register a personal online account, providing your personal identification and contact details (namely name, email address, birthdate, gender), physical features (namely current and target weight, height), activity habits (physical exercise preferences and routines), and goals.

5.6 By creating a personal online account for use of the Services in a particular country or territory, you are specifying it as your country or territory of residence.

5.7 You are responsible for the accuracy and truthfulness of the data you communicate to Choner. You also warrant that you will maintain the accuracy and truthfulness of such information.

5.8 In case of violation of these Terms and Conditions, Choner reserves the right to suspend or terminate your account or your access to the Services, with or without notice to you.

5.9 You are fully responsible for all activities that occur under your personal online account. You are responsible for maintaining the confidentiality of your personal account login credentials and you agree to immediately notify Choner of any unauthorized use of your account. Choner will not be liable for any loss or damage arising from your failure to comply with the above requirements.

5.10 To use the Services, you need compatible hardware, software (latest version recommended and sometimes required), and internet access (fees may apply). The Services’ performance may be affected by these factors. You are solely responsible for obtaining the appropriate means (equipment and telecommunication services) necessary to access and use the Services.   

5.11 By using Choner, you represent and warrant that your use of the Services will not violate any applicable law or regulation or these Terms and Conditions.

5.12 You may not access or use the Services for any purpose other than that for which Choner makes the Services available.

5.13 As a User of the Services, you agree to not infringe these Terms and Conditions, to not make any unauthorized use of the Services, to not use the Services for any illegal purpose, to not access the Services through automated or non-human means, and to not make the Services available through any means permitting access or use by multiple users at the same time.

6. Community Guidelines

6.1 Choner aims to foster a safe, supportive and motivating community for its users.

6.2 By using Choner, you agree to comply with the following Community Guidelines:

Appropriate Behavior: Refrain from posting or sharing content that is harmful, harassing, abusive, or discriminatory. Avoid using offensive language or making derogatory comments.

Safety Concerns: Do not promote or glorify unsafe weight-loss techniques, eating disorders, or harmful behaviors.

Responsible Use: Avoid spamming, unauthorized use of the platform, or engaging in fraudulent or illegal activities.

Privacy: Do not solicit or share personal information of other users without their consent.

Legal and Ethical Considerations: Ensure your content does not violate any laws, regulations, or intellectual property rights

Identity Integrity: Do not impersonate others or create false accounts.

Automated Actions: Refrain from using automated tools or scripts to interact with the platform.

6.3 Choner reserves the right to monitor the community and take appropriate action against users who violate these guidelines. This may include removing content, suspending accounts, or legal action.

6.4 You are responsible for your interactions with other users, both online and offline. Choner disclaims any liability for disputes or harm arising from such interactions.

6.5 While Choner strives to maintain a safe and positive community, we cannot guarantee that all users will comply with these guidelines. You may encounter content or interactions that violate our policies.

6.6 If you encounter any issues or violations of these guidelines, please report them to Choner.

6.7 By using Choner, you acknowledge and agree to these Community Guidelines and the potential risks associated with online interactions.

7. Participation in Challenges

7.1 Creation and Participation:
Users may create, join, and participate in challenges on the Choner platform. By participating, you agree to adhere to any posted rules or guidelines specific to each challenge.

7.2 Responsibility and Assumption of Risk:
Participation in challenges is voluntary, and you assume all risks associated with any activities, whether physical or otherwise. Choner is not responsible for any injuries, damages, or disputes arising from challenges.

7.3 User-Generated Content:
By creating or participating in challenges, you may upload content (e.g., videos, images). You grant Choner a non-exclusive, worldwide license to use this content for platform operations, including promotion or moderation.

7.4 Fair Play and Moderation:
We reserve the right to moderate challenges and user participation to ensure compliance with our guidelines and prevent misuse or harmful behavior.

7.5 Rewards and Recognition:
Rewards, if applicable, are subject to the specific terms of each challenge.

8. International Use

8.1 Choner does not warrant that the Services are accessible, suitable, or legally available for use in all jurisdictions.

8.2 Accessing and using the Choner platform is prohibited in regions where such actions are unlawful.

8.3 By using Choner, you are responsible for adhering to all applicable local laws and regulations in your jurisdiction.

8.4 Choner is not liable for any consequences arising from your use of the Services in a region where it is prohibited or restricted.

9. Personal Data Protection and Privacy

9.1 Choner respects your privacy and is committed to protecting your personal data. Please refer to our Privacy Policy for detailed information on how we collect, use, and safeguard your personal information.   

9.2 The Choner Privacy Policy is an integral part of these Terms and Conditions. By using Choner, you consent to the collection and use of your personal data as outlined in the Privacy Policy.

9.3 It is recommended that you review the Choner Privacy Policy for complete information on data protection.

10. Intellectual Property Rights

10.1 Choner owns or licenses the intellectual property rights in the Choner platform and its content.

10.2 You may not reproduce, modify, distribute, or otherwise use any part of the Choner platform or its content without Choner’s written permission.

10.3 You may use Choner for your personal, non-commercial purposes.

10.4 Choner respects the intellectual property rights of others. If you believe your content has been infringed upon, please contact Choner.

10.5 You retain ownership of any content you submit to Choner, but you grant Choner a license to use and display your content as necessary to provide the Services.

10.6 By using Choner, you agree to comply with all intellectual property laws and regulations.

11. Third-Party Websites and App Stores

11.1 Choner app is available on Apple App Store or Google Play Store. You acknowledge that the availability of the App is dependent on these app stores.

11.2 You agree to comply with the terms and conditions of these app stores when using Choner through them.

11.3 Choner may provide links to third-party websites or content. These links are provided for informational purposes only, and Choner is not responsible for the content or practices of these third-party websites.

11.4 You access third-party websites at your own risk, and Choner is not liable for any damages or losses arising from your use of such websites.

11.5 Choner does not authorize deep linking to any part of its platform without prior written permission.

11.6 Choner is not responsible for any interactions or conduct of other users or third-party advertisers you may encounter through the Choner platform.

12. Indemnification

You agree to defend, indemnify, and hold harmless Choner and its affiliates, officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, and interns from any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:   

Your breach of these Terms and Conditions or any applicable laws or regulations.   

Your use of the Choner platform or services.

Any third-party claims arising from your actions or activities related to Choner.

Choner reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.   

13. Dispute Resolution

13.1 Resolving Disputes Amicably:
We are committed to addressing any concerns you may have. If you experience any issues, please contact the Choner Team first, and we will make every effort to resolve disputes informally.

13.2 Governing Law:
These Terms and Conditions, and any disputes arising from them, shall be governed by and construed in accordance with the laws of the jurisdiction where the Choner Team primarily operates. For now, this shall be interpreted as Sri Lanka.

13.3 Dispute Resolution Options:

13.3.1 Binding Arbitration (Default):
If we are unable to reach an amicable resolution, any dispute arising from these Terms and Conditions, or your use of the Choner platform, shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”). Arbitration will occur in a mutually agreed location or Sri Lanka. The arbitrator’s decision will be final and binding. Both parties shall bear their own arbitration costs unless the arbitrator decides otherwise.

13.3.2 Right to Opt-Out of Arbitration:
You may opt-out of binding arbitration within 30 days of agreeing to these Terms by emailing inquire@choner.io with the subject “Opt-Out of Arbitration.”

13.4 Class Action Waiver:
All legal disputes or arbitrations will proceed individually and will not be consolidated with others, ensuring fairness and simplicity in resolution.

13.5 Venue:
For disputes not resolved through arbitration, claims shall be brought exclusively in the courts of Sri Lanka, unless both parties agree otherwise.

14. General Provisions

14.1 If any part of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.   

14.2 Choner reserves the right to update or modify these Terms and Conditions periodically. Your continued use of Choner after such changes are made constitutes your acceptance of the updated terms.

14.3 The Terms and Conditions applicable to you are the ones in effect at the time you subscribe to Choner’s services.

14.4 Choner provides the platform “as is” and “as available” without any warranties, express or implied. Choner does not guarantee that the platform will be error-free or uninterrupted.

14.5 Your use of Choner constitutes your consent to electronic communication. You acknowledge that electronic communications, including notices, disclosures, agreements, and other information provided through the platform, have the same legal effect as written communications.

14.6 By clicking “SUBMIT,” “CONTINUE,” “REGISTER,” “I AGREE,” or similar buttons, you are providing an electronic signature and entering into a legally binding contract. You agree to the use of electronic signatures, contracts, orders, and other records, as well as the electronic delivery of notices and policies.

14.7 Choner may make changes to these Terms and Conditions from time to time. It’s recommended that you review the most current version regularly.

15. Contact Us

15.1 If you have any questions about these Terms and Conditions or your use of the Choner platform, please contact us:

• Email: inquire@choner.io