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Plain-English summary
MacroFactor's terms include mandatory arbitration and a class action waiver, which significantly limit your ability to sue the company in court. The company claims broad, perpetual, royalty-free rights to use and commercialize your uploaded content, including product images, and you waive certain personal rights relating to these images. MacroFactor can terminate your access immediately and without notice or liability if you breach the terms.
Furthermore, the service is provided "as is," with MacroFactor disclaiming all warranties, meaning there are no guarantees about its quality, reliability, or suitability for any purpose. The company explicitly states it's not responsible if incorrect data leads to incorrect service results, and it broadly limits its liability for any damages you might incur from using the service. You are also required to indemnify MacroFactor against any claims arising from your use of the service. Lastly, uninstalling or deleting the app will result in loss of access and no refund for any paid subscriptions.
95% confidence
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Risk Flags
8 findings
These are the highest priority items, potential "red flags" that require immediate attention and scrutiny. They often involve limitations on user rights, significant liabilities, or unfavorable dispute resolution mechanisms.
high95% confidence
Mandatory Arbitration and Class Action Waiver
These terms require the use of arbitration to resolve disputes and class action waiver terms apply. You agree to submit disputes to an arbitrator and not to sue in court in front of a judge or jury, except in a small claims court.
Why it matters: You agree to resolve disputes through arbitration and waive your right to participate in class action lawsuits. This means you generally cannot sue MacroFactor in a court of law or be part of a group lawsuit, limiting your legal options.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES AND CLASS ACTION WAIVER TERMS APPLY. YOU AGREE TO SUBMIT DISPUTES TO AN ARBITRATOR AND NOT TO SUE IN COURT IN FRONT OF A JUDGE OR JURY, EXCEPT IN A SMALL CLAIMS COURT.
Broad User Content License, Including Commercial Use
You grant MacroFactor and its subsidiaries and affiliates irrevocable, non-exclusive, sub-licensable, transferable, worldwide, royalty-free, perpetual rights and license to use, copy, distribute, transmit, edit, and modify your User Content in any format, manner or media, including rights to translate, display, reproduce, change, create derivative works, distribute, and commercialize.
Why it matters: MacroFactor can use your uploaded content, including selling or commercializing it, without payment to you, forever, anywhere in the world. While there might be settings to limit public display, the company retains broad rights over your content.
You grant to MacroFactor and its subsidiaries and affiliates the irrevocable, non-exclusive, sub-licensable, transferable, worldwide, royalty-free, perpetual rights and license to use, copy, distribute, transmit, edit, and modify User Content in any format, manner or media now or later developed without any payment due to you. This license is for purposes of operating, promoting, and improving the Services and MacroFactor’s services. The license includes the rights to translate, display, reproduce, change, create derivative works, distribute, and commercialize.
User Content, paragraph 5 · Citation strength: strong
high95% confidence
Broad Product Image License with Waiver of Moral Rights
You grant MacroFactor and its subsidiaries and affiliates irrevocable, non-exclusive, sub-licensable, transferable, worldwide, royalty-free, perpetual rights and license to use, copy, distribute, transmit, edit, and modify Product Images for any purpose (commercial, advertising, or otherwise), and you waive any moral rights or rights of personality, privacy, or publicity in the Product Images.
Why it matters: MacroFactor can freely use any product images you upload for commercial or advertising purposes, permanently and globally, without paying you. You explicitly give up personal rights like privacy or publicity related to these images.
You hereby grant to MacroFactor and its subsidiaries and affiliates the irrevocable, non-exclusive, sub-licensable, transferable, worldwide, royalty-free, perpetual rights and license to use, copy, distribute, transmit, edit, and modify such Product Images in any format, manner or media now or later developed, for any purpose (whether commercial, advertising, or otherwise), including the right to translate, display, reproduce, change, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.
User Content, paragraph 6 · Citation strength: strong
high95% confidence
Termination Without Notice or Liability
If you breach any of these Terms or use the Services in any illegal, unlawful, or unauthorized manner, MacroFactor can terminate your access immediately, without prior notice and without liability on its part.
Why it matters: MacroFactor can instantly end your access to the service without warning or financial responsibility if it determines you violated the terms, potentially leaving you without access to content or services you've paid for.
If you breach any of these Terms or in any other way interact with or use the Services in any illegal, unlawful, or unauthorized manner, MacroFactor shall be entitled to terminate your access to the Services immediately, without prior notice and without any liability on MacroFactor’s part and without prejudice to MacroFactor’s rights in terms of these Terms or at law.
**Duration and Termination**, paragraph 2 · Citation strength: strong
high95% confidence
Disclaimer of Warranties
The services are provided "as is" and "as available" with all faults and without any warranties. MacroFactor disclaims all express, implied, and statutory warranties including satisfactory quality, merchantability, fitness for a particular purpose, and non-infringement.
Why it matters: You use the service entirely at your own risk, with no guarantee that it will meet your needs, be error-free, compatible with other software, or operate without interruption. MacroFactor is not obligated to fix any defects.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND. MACROFACTOR DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, UNDISTURBED USE AND ENJOYMENT, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS.
Disclaimer for Incorrect Data and Generated Results
If incorrect data is captured using the Services, or if data is captured incorrectly, the results generated by the Services will be incorrect. MacroFactor is not responsible for incorrect data captured or incorrectly captured data.
Why it matters: If your data is entered or captured incorrectly, the service's results will be wrong, and MacroFactor takes no responsibility for these inaccuracies. This means you bear the risk of faulty health or fitness recommendations if input data is flawed.
YOU AGREE THAT IF INCORRECT DATA IS CAPTURED USING THE SERVICES, OR IF DATA IS CAPTURED INCORRECTLY, THE RESULTS GENERATED BY THE SERVICES WILL BE INCORRECT. MACROFACTOR SHALL NOT BE RESPONSIBLE FOR INCORRECT DATA CAPTURED, OR DATA CAPTURED INCORRECTLY, USING THE SERVICES.
**Limitation of Liability and Indemnity**, paragraph 3 · Citation strength: strong
high95% confidence
Broad Limitation of Liability for MacroFactor
MacroFactor will have no liability for any loss, damage, cost, expense, injury, claim, or penalty arising from or in connection with the Services, its use, or inability to use it, including indirect and consequential loss or damage and loss of profits.
Why it matters: MacroFactor limits its liability for any harm you might experience from using or being unable to use the service, including financial losses or injuries, severely limiting your ability to seek compensation.
TO THE EXTENT NOT PROHIBITED BY LAW, MACROFACTOR WILL HAVE NO LIABILITY FOR ANY LOSS, DAMAGE, COST, EXPENSE, INJURY, CLAIM, OR PENALTY OF WHATSOEVER NATURE ARISING FROM OR IN CONNECTION WITH THE SERVICES, THE USE OF THE SERVICES, OR THE INABILITY TO USE THE SERVICES INCLUDING, BUT NOT LIMITED TO, INDIRECT AND CONSEQUENTIAL LOSS OR DAMAGE AND LOSS OF PROFITS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE).
**Limitation of Liability and Indemnity**, paragraph 1 · Citation strength: strong
high95% confidence
User Indemnification of MacroFactor
You agree to indemnify MacroFactor against any and all liability, loss, damage, penalty, cost, or claim of any nature whatsoever suffered by you or any third party in relation to the Services, its use, or inability to use it.
Why it matters: You are held responsible for protecting MacroFactor from any financial responsibility for losses, damages, or claims arising from your or a third party's use or inability to use the service, even if not directly your fault.
YOU HEREBY INDEMNIFY MACROFACTOR AGAINST ANY AND ALL LIABILITY, LOSS, DAMAGE, PENALTY, COST, OR CLAIM OF ANY NATURE WHATSOEVER SUFFERED BY YOU OR ANY THIRD PARTY IN RELATION TO THE SERVICES, THE USE OF THE SERVICES, OR THE INABILITY TO USE THE SERVICES.
**Limitation of Liability and Indemnity**, paragraph 2 · Citation strength: strong
Data Use
1 finding
These findings describe how your data is collected, processed, and shared. Pay attention to how your personal information, content, and activity data might be used.
low90% confidence
Access to Publicly Available Third-Party Login Information
If you log into the Services via Apple, Google, or any third-party service, you consent to MacroFactor accessing such information as may be publicly available to MacroFactor through such third-party service.
Why it matters: Logging in with Apple, Google, or other third-party services allows MacroFactor to access information about you that is publicly available through those services.
If you log into the Services via Apple, Google, or any third-party service, you consent to MacroFactor accessing such information as may be publicly available to MacroFactor through such third-party service.
**Login Information and Responsibility for Account Credentials**, paragraph 1 · Citation strength: strong
Cancellation and Renewal
1 finding
This section outlines the policies regarding subscription renewals and how you can cancel your service. Key details include automatic renewal terms, notice periods, and refund eligibility.
medium95% confidence
Subscriptions Auto-Renew
Subscriptions renew on a periodic basis, as determined by MacroFactor, unless you indicate and request non-renewal using the subscriptions management function on your mobile device.
Why it matters: Your subscription will automatically renew unless you manually opt out using your mobile device's subscription management function.
Subscriptions renew on a periodic basis, as determined by MacroFactor, unless you indicate and request non-renewal using the subscriptions management function on your mobile device.
These are less common but important clauses that can have unexpected implications for users. Review them to avoid surprises.
low90% confidence
No Refund Upon Uninstallation or Deletion
If you uninstall or delete the Services, you will no longer be able to access the Services’ functionality and you will not be entitled to any refund of any amount paid for a subscription.
Why it matters: Uninstalling or deleting the application means you lose access to the service and will not receive any refund for your subscription, even if paid in advance.
If you uninstall or delete the Services, you will no longer be able to access the Services’ functionality and you will not be entitled to any refund of any amount paid for a subscription.
**Duration and Termination**, paragraph 3 · Citation strength: strong
Protections
0 findings
These provisions highlight any commitments or features designed to protect user interests, rights, or privacy. They may include data deletion policies, clear refund processes, or user control mechanisms.
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