Terms of Service and Privacy Policy

This Terms of Service and Privacy Statement describes DIMO Co., Ltd. ("DIMO") (referred to as "we", "our", or "us")and users of the Application (“User”) of the other part. The User shall also include users who subscribed to the Application and those who did not subscribed to the Application. The services provided in this Application is subject to this Terms of Service . By installing our mobile application or in other way using or accessing our Services, the User is deemed to have already read and fully understood the Terms of Service of DIMO, as well as agreeing to comply with and be bound by these Terms of Service.

1Intellectual Property

The User acknowledges and agrees that any data, texts, pictures, sounds, logos, and/or any part of this Application, which including but not limited to copyright, trademark, service mark, tradename, database, trade secret, patent, know-how, business data, and etc., on the Application (except for any data or pictures which the User uploaded or disseminated through the Application by themselves) are protected work under the law of intellectual property and are the ownership, copyright, right and property of DIMO, solely.

The User also acknowledges that the consideration for the licensing that the User licensed DIMO to use, reproduce, adapt, disseminate, license, or exploit the User’s data in the Application is in the form of publicizing of work through the Application. Therefore, the User agrees not to claim or request for any further compensation from the use, reproduce, adapt, disseminate, license, or exploit of work by DIMO.

2Subscription

For improved features and exclusive access to our contents, Users can subscribe to our premium membership by registering in our Application. However, DIMO reserves the right to refuse registration of certain individual, and DIMO is entitled to cancel the subscription or terminate the services of all User at anytime such as in the event of the violation of this Terms of Service , or the selling, trading, or transferring of member account to other party, and etc.

Subscriptions to this Application will be automtically renewed unless canceled by the User. The User can, at any time ,choose to cancel their subscription. By uninstalling this Application does not stop the renewal of subscription, The User must cancel subscription through the use of App Store, Google Play Store or any other such service provider that the User subscribe this application from. This Application is not intended to be use by users who are under 13 years of age, or the persons whose account had already been terminated, or other cases as DIMO deems proper. In the event of violation of this provision, DIMO reserves the right to cancel the subscription or suspend the services of the User at anytime.

3Application’s Services Usage

The User agrees and accepts that the User’s usage of this Application shall be in accordance with the law and subject to the terms of this Terms of Service . In no event shall the User do the following:

3.1 violating or defaming the nation institution, religion institution, or royalty institution;

3.2 transmitting or posting defamatory, vulgar, obscene, sneaky, vilify, coercive, fake, or threatening statement to other users or third parties;

3.3 modifying, adapting, translating, or reversing engineer section of the Application, or reproducing of any part of the Application, whether by yourself or allowing third parties to do so. The User must not infringe any copyright, trademark or any other intellectual property of DIMO or other users. In addition, the User must not attempt to collect data of other users, restaurant information, location and maps or pictures that DIMO and the members of the Application created, including pictures, background images and icons for any whatsoever purpose unless permitted in writing from DIMO;

3.4 publishing any statement onto the Application that is expressed or implied to be sponsored or endorsed by DIMO without prior written permission; reproducing, reprinting, modifying, downloading, uploading, posting a notice, disseminating, or making appear to the public of illegal or immoral works without prior written permission from DIMO; infringing any intellectual property right of DIMO or any third parties, including but not limited to copyright, patent, trademark, trade secret, or other intellectual property in any whatsoever means;

3.5 deleting or amending the right management information, which is an information attached or shown in contents or any works in the Application to identify the author of the work, the work, or the copyright owner such as company’s name, author’s name, watermark, number or code, etc., as well as disseminating any contents or works whose right management information had been deleted or amended in the Application;

3.6 downloading, uploading, posting a notice, or doing anything to illegally exploit contents or work from this Application without prior written permission from DIMO and/or post or do anything to make texts appear that cause damage to DIMO, members of DIMO, internet users, and/or third parties; download, upload, post a notice, send an email, or do anything that would interrupt or intervene the process of computer system by transmitting computer virus or computer program in any forms that are designed to obstruct, destroy, or limit the operation of computer system, computer hardware, or communication software of members of DIMO, internet users, and/or third parties;

In the event of any violation of this Terms of Service , DIMO is entitled to immediately suspend its services to the User without any prior notice, and/or take legal action against the User as DIMO deems proper.

Our Privacy Policy

Your privacy is our number one priority. We do not and will not sell or rent your personal information to anyone, for any reason, without your consent. Our most important asset is our relationship with you. So we committed to maintaining the confidentiality, integrity and security of any personal information about our users.

"Personal information" is information that identifies and is associated with a specific person. Personal information does not include information that is anonymous, aggregated, or is no longer identifiable to a specific person.

By using our Site, Service, or providing us your personal information, you agree to this Privacy Statement and agree to be bound and abide by our Terms of Service. If you do not agree with any term in this Privacy Statement or the Terms of Service, please do not use the Site or provide us your personal information.

Information we process may be transferred to, stored, and processed in, Thailand or any other county in which DIMO or its affiliates, subsidiaries, or service providers maintain operations. By using and providing information to us through the Site or Service, you agree and consent to the transfer, storage, and processing of your information to any such country in order to provide the Site and Services.

We do not knowingly collect any personal data from children under the age of 13 and our Services do not target children under 13. If you are under 13, please do not submit any personal data through our Services.

Information we collect

When you use our Services, among the personal data we may collect from you are: your email address, first and last name, height, weight, date of birth and gender. We may also, depending on your use of the Services, collect personal data about your calorie intake, weight loss goal/weight gain goal, activity/diet routines, your body measurements and BMI. In an ongoing effort to improve our Services, additional personal data may be collected from you. In such case, we will notify you when the personal data collection takes place.

How we use the information we collect

We use your personal information to: fulfill your requests for certain products and Services; respond to your inquiries about our Services; deliver to you any administrative notices or alerts and communications relevant to your use of the Services; offer you other products, programs, or services that we believe may be of interest to you; alert you to software compatibility issues and to improve our web design and functionality; analyze Site usage and improve the Services provided through the Sites; detect and protect against errors, fraud, or other criminal activity; perform market research, product development, troubleshooting problems, analysis of user behavior, marketing and promotions; enforce our Terms of Service and as otherwise set forth in this Privacy Statement; and in connection with a merger, sale, of substantially all of our assets, or corporate reorganization.

We may use information you provide about Third Party Sites to provide the Services, which may include accessing the Third Party Sites you select on your behalf, so that we can present the requested information to you. We may use third party service providers to help us analyze certain online activities. For example, these service providers may help us measure the performance of our online promotions or analyze Site activity. We may permit these service providers to use cookies and similar technologies to perform these services. We do not share any personal information about our customers with these third party service providers, and these service providers do not collect such information on our behalf. We will retain your Personal Data for as long as you maintain an account or as otherwise necessary to provide you the Services. We will also retain your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Where we no longer need to process your Personal Data for the purposes set out in this Privacy Policy, we will delete your Personal Data from our systems. Where permissible, we will also delete your Personal Data upon your direction to delete your account. Information on how to make a deletion request by contacting our Support Team at support@mycaloriediary.com If you have further questions about our data retention practices or would like to make a deletion request, please contact us through our Support Team.

We may use your information to pre-fill form fields on our Services for your convenience.

We may use your information to verify your identity in the event you contact us for assistance with the Sites or Services.

When you use the Mobile Application or mobile versions of our Sites, we may collect the unique device identification number assigned to that device by phone makers, carriers, or makers of the operating system (the "Device ID"). We may use your Device ID to monitor suspicious activity or for security purposes.

How we disclose personal information

We will not, without your consent, sell, publish, or share your personal information to third parties.

We may share your personal information with our affiliates and subsidiaries, to provide joint content, products, services, and for everyday business purposes. Our affiliates and subsidiaries will send you marketing communications only if you have requested their services.

We may share your personal information with third party service providers to enable them to assist in fulfilling the requests you make or the transactions you conduct via the Sites, including the operation of certain Site functions and Services. These third party service providers are contractually obligated to abide by our privacy practices and are not allowed to use the information for any other purposes.

We reserve the right, in our sole discretion, to share or disclose your personal information with law enforcement, government officials, and other third parties:

in order to investigate, prevent, defend against, or take other action regarding violations of our Terms of Service, illegal activities, suspected fraud, or situations involving potential threats to the legal rights or physical safety of any person or the security of our network, Sites or Services; to respond to subpoenas, court orders, or legal process; to respond to claims that any posting or other content violates the rights of third parties; to protect the health and safety of our Services' users or the general public; or as otherwise required by any applicable law.

We may share your personal information with other third parties with your consent or instructions to do so.

We may share or make available anonymous or aggregate information that cannot be used to identify you individuals with: third parties for their research, marketing and promotional purposes and those third parties may publicly report the findings of their research or analysis; organizations that conduct research into consumer spending and related subjects; and users of the Service for purposes of comparison of their personal financial situation relative to the broader community.

If our company or our assets are acquired by another company, or in the event of a merger, consolidation, amalgamation, change in control, transfer of substantial assets, reorganization, or liquidation, we may transfer, sell, or assign to third parties, information concerning your relationship with us, including, without limitation, personal information that you provide and other information concerning your relationship with us. Such third parties will assume responsibility for the personal information collected by us in connection with our business operations or through our Sites and such third parties will assume the rights and obligations regarding such information as described in this Privacy Statement.

How we protect the information we collect

We take the security of your information seriously. We use technical and administrative security measures such as but not limited to encryption techniques, firewalls, and authentication procedures, among others, to maintain the security of our Sites and Services.

Access, rectification and erasure of personal data

You have the right to request access to and rectification or erasure of your personal data processed by Fasting diary. If you wish to exercise these rights, please contact us at support@mycaloriediary.com If a request for erasure concerns data that is necessary for us to offer the Services, such requests will have the effect that your account will be terminated at Fasting diary. However, we may in some instances be able to cease the processing of some personal data for certain parts of the Fasting diary Services, without you having to terminate the use of the entire Fasting diary Services. Please see regarding this the sections “Data necessary to provide the Services” and “Opt-out from marketing” above.

Storage and rentention of your personal data

We generally store and process your personal data for as long as you are a registered user of our Services and have a user account. We will cease storing and processing your personal data if your user account/registration is terminated, if you request rectification or erasure, or opt out from marketing, unless it is necessary for us under the applicable purposes to store or process the relevant personal data for a longer time. Additionally, we periodically review the need to store or delete your personal data if your account has been inactive, which usually occurs after a period of five (5) years after you have been persistently inactive on our services. These periodic reviews occur in order to ensure that we do not store your personal data for a longer time than necessary, while also allowing you to return to using your account after a period of inactivity.

Communications

We may send periodic Site related alerts, notifications, summaries, newsletters, promotions, or other information via email or through our Sites. You may choose to stop receiving alerts, summaries, newsletters and promotions by indicating your preference in your account profile or settings. You may also follow the unsubscribe instructions in the email you receive. Please note that certain Services-related messages that we send are necessary for the proper functioning and use of the Services and you may not have the ability to opt-out of those messages.

Third party offers, advertisements, and data collection We may offer a number of separate products and services offered by third parties on our Sites and through the Service. These third party offers may be complementary to your use of the Site and may be personalized based on information you provide to us, we have collected about you, queries made through the Site, or other information. If you choose to use these separate products and services, provide information to the third party, or allow the third party to otherwise collect information about you, then their use of your information is subject to the applicable third party’s privacy policy and terms of service.

We may use third party service providers to help us analyze certain online activities. For example, these service providers may help us measure the performance of our online promotions or analyze Site activity. We may permit these service providers to use cookies and similar technologies to perform these services. We do not share any personal information about our customers with these third party service providers, and these service providers do not collect such information on our behalf.

How we use cookies and similar technologies

To help operate the Site, enhance you experience, and collect information about online activity, we may place small data files on your computer or other device. These data files may be in the form of cookies, pixel tags, local shared objects, or other similar technologies. Cookies and similar technologies enable us to personalize our Site and Service for you.

Most browsers provide you with the ability to block, delete, or disable these technologies. If you choose to reject cookies or similar technologies, some Services may not be available or some functionality may be limited or unavailable. Please review your browser manufacturer’s help pages for assistance with changing your settings.

Changes to your personal information

You may access, review, and update much of the information you have submitted to us at any time via the Site or Service.

You may choose to close or request that we delete your account for the Service at anytime. We will use commercially reasonable efforts to remove your information, although some information may be retained. For example, some information may be retained on a backup server or media, which is necessary to help ensure continued availability of our Service.

We retain your personal information as long as necessary to provide the services you have requested. Additionally, we may retain personal information to comply with law, prevent fraud, trouble shoot problems, enforce our Terms of Use, resolve disputes, and as permitted by applicable law.

Changes to this Privacy Statement We may update this Privacy Statement periodically. Changes are effective immediately upon posting. The date last revised appears at the top of this Statement.