Last Updated: 14 July 2014
Pact, Inc. (Pact) owns and operates the website http://www.pactapp.com (the Site). Pact also develops, operates and distributes certain software applications (Apps), which include hosted applications and applications for mobile devices. The Site and the Apps, together with all content, forums, information sharing functions (including the ability to post User-generated content, User Content), tools, transactions and other services available at the Site or by using the Apps, are collectively referred to as the Service.
The following Food Log Pact Policy explains the terms and conditions pursuant to which Clients may incentivize their diet programs by establishing separate contracts (Food Log Pacts) with Pact. Capitalized terms used herein without definition will have the same meanings as defined in the Terms of Service applicable to the Site, Apps, Pacts and Service, which are available at http://www.pactapp.com/legal/tos.
Promise. Client promises that he or she will fulfill his or her Food Log Pact, as more fully specified on the profile page summarizing the Food Log Pact (My Profile Page), which is displayed at the App (or Site, if applicable) when Client accepts the Food Log Pact. The data used to generate the My Profile Page will be uniquely identified and retained by Pact so that the My Profile Page can be automatically generated in the future. Food Log Pacts are specified on a weekly basis (Monday through Sunday) and renew automatically, week to week, except as otherwise provided in this Food Log Pact Policy or the Terms of Service. Clients may opt-out of their Food Log Pact or modify their Food Log Pact commitments for the following week at any time prior to midnight (local time zone) Sunday of the prior week. If a Client makes any modifications to his or her Food Log Pact, those modifications apply only to the Food Log Pact and will not affect any other Pacts the Client might have.
Risk of Failure. Client acknowledges that there exist circumstances within or beyond Client's control that may prevent Client from achieving the Food Log Pact (a Failure). Client and Pact agree that it is a basic agreement of the parties in making the Food Log Pact that Client will bear the risk of any Failure. Because Client is solely responsible for the identification and description of the Food Log Pact as specified in the My Profile Page, CLIENT BEARS ALL RISK ASSOCIATED WITH SUCH FOOD LOG PACT, including, but not limited to, Client's efforts to satisfy the Food Log Pact and Client's ultimate success or Failure in achieving the Food Log Pact. In addition, Client understands that Client is solely responsible for any loss, damage, illness, injury or death to person or loss or damage to property related in any way to the Food Log Pact or Client's efforts in connection with the Food Log Pact.
Users under the age of 18 years old are prohibited from creating Food Log Pacts. CLIENT REPRESENTS AND WARRANTS THAT HE OR SHE IS NOT UNDER THE AGE OF 18 YEARS OLD.
Service Fees. Client understands that, as described in the My Profile Page, Client has elected an amount of money (Service Fees) that the Client is obligated to pay in each weekly reporting period in the event of Failure and such Service Fees are governed by this section. Client acknowledges and agrees that Client is not entitled to any interest on any Service Fees paid to or held by Pact pursuant to this Food Log Pact Policy. Client represents that the total of all Service Fees for all Pacts authorized by Client, in the aggregate, is less than 10% of Client's weekly income.
Client shall pay all Service Fees incurred as a result of any Failure to fulfill his or her Food Log Pact, including any applicable taxes. If payment cannot be charged to Client's Authorized Payment Method, or if any Service Fees are charged back to Pact for any reason without Pact’s consent, then Pact reserves the right to immediately and without notice, either suspend or terminate Client's access and account, in which case all of Pact's obligations under the Food Log Pact and this Food Log Pact Policy shall terminate immediately. Client will remain obligated to pay any amounts still owed to Pact at the time Client's account is suspended or terminated.
If Prepayment is not selected because that option is either not offered by Pact or not selected by Client, then Client hereby authorizes Pact to charge Client's Authorized Payment Method only upon Failure; such charge shall equal the Service Fees for that weekly reporting period. Client understands that such a charge could occur in each and every weekly reporting period during the term of the Pact. Client agrees that Service Fees are the sole and exclusive property of Pact and that Pact does not hold Service Fees in any escrow, trust or other fiduciary capacity for the benefit of Client.
From time to time, Pact may, at its sole discretion, implement programs for issuing Rewards to Clients that successfully complete their Food Log Pacts. The eligibility and success criteria for receiving any Reward, the amount and form of the Reward and the manner in which any Reward is issued to Clients shall be established by Pact. Unless expressly provided otherwise at the My Profile Page (at the time the Food Log Pact is entered into), the Rewards program shall be as described in the then current Rewards Policy (which is available at http://www.pactapp.com/legal/rewards). Client hereby agrees that Pact’s reasonable determination of whether Client is eligible for any Rewards, and whether Client has satisfied the requisite success criteria, shall be final and binding.
Pact reserves the right to recover from any User the amount of Rewards credited or paid to such User where Pact has reason to believe such Rewards accrued in connection with certain violations of the Terms of Service, as further described therein (including without limitation, by deducting the amount of such Rewards from User’s account balance, by charging the amount of such Rewards to his or her Authorized Payment Method or by initiating legal action against User).
Term. Each Food Log Pact shall terminate upon completion of the Food Log Pact, as identified in the My Profile Page. Until the end of that time period, the Food Log Pact renews automatically, week to week, except as otherwise provided herein or in the Terms of Service.
Cancellation. Client agrees that his or her Food Log Pact may not be cancelled except as set forth in this section. Please note that your Food Log Pact will not be cancelled simply by deleting the App from your mobile device.
The Food Log Pact may be suspended or cancelled by Client if and only if (i) Client edits the My Profile Page to “Take A Break” for a defined or undefined period of time, or (ii) Client completes the “Delete Account” process, or (iii) a licensed physician emails a completed and signed copy of Pact’s Medical Excuse Form to Pact customer service. After Pact contacts the physician or otherwise verifies that Client's Medical Excuse Form is genuine, all remaining obligations of the parties under this Food Log Pact Policy will terminate immediately. Be advised that if you “Take A Break” or otherwise suspend or cancel your Food Log Pact, your other Pacts will not be affected and will remain active.
Client also agrees that Pact, upon notice to Client, may terminate any Food Log Pact that Pact, in its sole discretion, deems to be inappropriate, unhealthful, illegal, against public policy, or based on false or misleading information provided by Client.
Food Log Pacts shall also be terminated upon any termination of the Client account as permitted pursuant to the Terms of Service.
Refund Policy. Pact does not refund Service Fees for Food Log Pact Failures except when both of the following conditions exist: (1) Client suspends or cancels the Food Log Pact pursuant to preceding section, and (2) after suspension or cancellation of the Food Log Pact becomes effective, Service Fees are charged to Client's Authorized Payment Method as a result of Client’s Failure to complete his or her Food Log Pact. To obtain a refund, Client must provide Client's correct e-mail address and mailing address to Pact. Pact will not be liable for any claims that a refund has been delayed if such delay was a result of an incorrect email address or mailing address provided by Client to Pact. Pact reserves the right to modify this Refund Policy at its discretion (according to the change process described in the Terms of Service), but may suspend or cancel the refund right at any time against any Client that Pact believes is abusing this policy.
If you have any questions or need to communicate with us regarding your Food Log Pact or this Food Log Pact Policy, please contact Pact using our members-only contact form at http://www.pactapp.com/contact/form or contact us at:
Pact, Inc. Attn: Pact Customer Service 650 Alabama Street, Suite 202 San Francisco, CA 94110, USA