These Terms of Use (the “Terms”) govern your access to and use of the HerbaClub mobile application (the “App”) operated by Individual Entrepreneur “SRM GROUP” (Republic of Kazakhstan) (the “Owner” or “Operator”). By downloading, registering in or using the App, you agree to these Terms. If you do not agree, do not use the App.
The App is intended for users aged 14 and older. If you are a minor under the age at which the law of your country requires consent of a parent or legal guardian, you may use the App only with such consent.
The App is a wellness online club that provides features including step tracking, a BMI calculator, a water tracker, meditations, communication with an AI assistant (the “AI trainer”), which is powered by Google Gemini, and an in-app chat with other users. The features are informational and motivational in nature.
The following terms are an essential part of this agreement and you accept them by registering in and using the App:
To use the App you create an account and provide accurate information. You are responsible for the activity under your account and for keeping your credentials confidential. The Owner may add, service, suspend or remove user accounts and grant or revoke extended user rights, including removing Independent Partners who are not part of the Owner’s organisation, as described in Section 3.
The App includes communication features. You agree not to use the App to publish or transmit content that is unlawful, harmful, harassing, hateful, defamatory, infringing, deceptive, or that constitutes spam or unsolicited advertising, and not to share other persons’ personal data without their consent. Content you submit to the in-app chat may be visible to other users. The Owner may moderate, remove content and restrict or terminate access for users who violate these Terms.
The App and its content (software, design, text, graphics and other materials, except user-generated content) are owned by the Owner or its licensors and are protected by law. You are granted a limited, non-exclusive, non-transferable, revocable licence to use the App for personal, non-commercial purposes in accordance with these Terms. You retain rights to the content you submit and grant the Owner a licence to use it as necessary to operate the App.
The Operator processes personal data in accordance with the Privacy Policy and the Consent to the Processing of Personal Data, which are available in the App. Health and wellness data is processed only on the basis of your explicit consent.
The App is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. The Owner does not warrant that the App will be uninterrupted, error-free or secure, or that any wellness result will be achieved.
To the maximum extent permitted by applicable law, the Owner is not liable for any indirect, incidental, special or consequential damages, or for loss of data, arising out of or in connection with your use of or inability to use the App. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including mandatory consumer rights.
You may stop using the App and delete your account at any time. The Owner may suspend or terminate your access if you violate these Terms or where required by law. Provisions that by their nature should survive termination (including intellectual property, disclaimers and limitation of liability) survive.
These Terms are governed by the law of the Republic of Kazakhstan, without prejudice to mandatory consumer protection rights that may apply to you under the law of your country of residence.
The Owner may update these Terms from time to time; the current
version is made available in the App with an updated effective date.
Continued use of the App after changes take effect constitutes
acceptance of the updated Terms.
Contact: Individual Entrepreneur “SRM GROUP”, e-mail
herbaclub.app@gmail.com.