Updated October 3, 2024
These NBCUniversal Supplemental Terms of Service for Start TODAY (“Supplemental Terms”) apply to your use of the Start TODAY mobile software application, including the Start TODAY service and all Content made available therein (together, the “App”). The Supplemental Terms include the NBCUniversal Terms of Service (“NBCU ToS”), and any other documentation, policies or guidelines that we may provide in writing. Capitalized terms not defined below will have the meanings given to such terms in the NBCU ToS.
BY USING THE APP, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE SUPPLEMENTAL TERMS, INCLUDING THE NBCU ToS, AND OUR PRIVACY POLICY, WHICH DESCRIBES OUR PRIVACY PRACTICES IN DETAIL AND IS INCORPORATED HEREIN BY THIS REFERENCE. PLEASE READ THESE SUPPLEMENTAL TERMS CAREFULLY AS THEY INCLUDE APP-SPECIFIC DISCLAIMERS, A LIABILITY RELEASE AND A WAIVER OF CLAIMS.
We may modify these Supplemental Terms and encourage you to check back here from time to time for any modifications we may make to these Supplemental Terms.
For information or questions regarding the App, please visit our Start TODAY Help Center. To the extent there is a conflict between these Supplemental Terms (including the NBCU ToS) and the information in the Start TODAY Help Center, these Supplemental Terms will prevail with respect to such conflict.
1.1. License. We grant you a limited, revocable, non-sublicensable, non-exclusive, non-transferable license to access and use the App for your personal and non-commercial use, and only in accordance with these Supplemental Terms.
1.2. Use Restrictions. You may not scrape, repackage, reproduce, republish, recirculate, offer for sale, sell, create derivative works from, integrate into other products or services, or otherwise share with others (whether for profit or commercial gain or not), the Start TODAY Content or any other data or results from the App. You may not use the Start TODAY Content or the App to create, offer or promote any competitive services.
1.3. APP-SPECIFIC DISCLAIMERS; RELEASE AND WAIVER OF CLAIMS. THE APP OFFERS PERSONAL WELLNESS MANAGEMENT CONTENT FOR GENERAL EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. SUCH CONTENT IS PROVIDED AS-IS AND AS AVAILABLE, WITH ALL FAULTS, ERRORS AND OMISSIONS AND WITHOUT ANY PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. WE MAKE NO GUARANTEE OR WARRANTY AS TO THE PARTICULAR WELLNESS GOALS, RESULTS, BENEFITS, OR OUTCOMES THAT MAY BE ACHIEVED OR OBTAINED THROUGH USE OF THE APP. IF YOU RELY ON ANY CONTENT FROM THE APP, INCLUDING, BUT NOT LIMITED TO, ANY EXERCISE OR NUTRITIONAL PROGRAMS OR ACTIVITIES, YOU DO SO AT YOUR OWN RISK. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY HARM, DAMAGE, OR LOSS THAT RESULTS FROM YOUR USE OF THE APP OR SUCH CONTENT. YOU AGREE TO UNCONDITIONALLY RELEASE AND HOLD HARMLESS THE NBCUNIVERSAL PARTIES (AS DEFINED IN THE NBCU ToS) (THE “RELEASED PARTIES”) FROM AND AGAINST, AND WAIVE ALL CLAIMS, SUITS, ACTIONS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND COSTS, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP OR SUCH CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, EVEN IF THE LOSS OR INJURY IS CAUSED BY THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES.
1.4. THE APP AND CONTENT DO NOT CONSTITUTE MEDICAL ADVICE OR OTHER PROFESSIONAL ADVICE. THE APP AND CONTENT ARE NOT INTENDED TO BE A SUBSTITUTE FOR AND DO NOT PROVIDE MEDICAL ADVICE, NUTRITION OR DIETARY ADVICE, DIAGNOSIS, TREATMENT OR PREVENTION, OR OTHER PROFESSIONAL SERVICES OR ADVICE. METRICS, VALUES AND FIGURES PRESENTED WITHIN THE APP ARE ESTIMATES FOR GENERAL REFERENCE ONLY AND MAY BE INACCURATE. THIS INCLUDES, WITHOUT LIMITATION, NUTRITIONAL VALUES, SUCH AS CALORIE, FAT, PROTEIN, AND FIBER. ALWAYS SEEK THE ADVICE OF A PHYSICIAN, QUALIFIED HEALTH PROVIDER, LICENSED NUTRITIONIST, OR OTHER APPROPRIATE LICENSED PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING ANY NUTRITION PLAN, FITNESS PROGRAM, WELLNESS OR LIFESTYLE INFORMATION, OR RELATED TOPICS, ESPECIALLY IF YOU HAVE ANY UNIQUE OR SPECIAL MEDICAL NEEDS OR CONDITIONS, SUCH AS FOOD ALLERGIES, DIETARY RESTRICTIONS OR IF YOU ARE PREGNANT OR BREASTFEEDING. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ATTENTION BECAUSE OF ANY CONTENT PRESENTED ON THE APP.
2.1. Cancellation. We reserve the right to discontinue the App at any time. In such an event, we will provide you with a prorated refund of any prepaid Fees (as defined below) based on the remaining time of your subscription period. We also reserve the right to suspend or terminate your Start TODAY account in our sole discretion without prior notice and without any obligation to provide a refund of prepaid fees.
2.2. Modification. We reserve the right, in our sole discretion without prior notice, to make changes to the App, including any cancellation of services. The availability of Content offered at the time you register for Start TODAY may not reflect the Content that will be offered throughout your subscription.
3.1. Fees and Autorenewal. We require a subscription and may charge fees to access some features of the Start TODAY service and Content through the App (“Fees”) although we may in our sole discretion provide limited access to the Start TODAY service or some of its Content through the App free of charge or at discounted price points from time to time. Subscription purchases and Fees are managed solely by Third-Party Platform Providers (e.g., Apple). The Fees payable are made clear during the ordering process, and you can find the specific details regarding your subscription and pricing at any time by contacting the Third-Party Platform Provider.
YOUR START TODAY SUBSCRIPTION INCLUDES ENROLLMENT INTO A RECURRING PAYMENT PLAN. UNLESS OTHERWISE STATED WHEN YOU ENROLL AND SUBJECT TO APPLICABLE LAW, AFTER YOUR INITIAL SUBSCRIPTION PERIOD ENDS, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE STATED FREQUENCY (E.G., MONTHLY OR ANNUALLY) AT THE THEN-CURRENT FEES, UNLESS YOU CANCEL BEFORE THE RENEWAL, WE DECLINE TO RENEW YOUR SUBSCRIPTION, OR THESE SUPPLEMENTAL TERMS ARE OTHERWISE PROPERLY TERMINATED.
We may change the amount of Fees payable from time to time. The modified Fees will take effect at the start of the next billing period for your subscription. We will provide advance notice of these changes, and you will have the opportunity to change or cancel your subscription prior to incurring the new charges. However, we will not be able to notify you of changes in any applicable taxes.
We may choose in our sole discretion to add, modify, or remove benefits and features from a subscription. Your continued use of the Start TODAY service after the changes become effective will constitute your acceptance of the changes. If you do not wish to continue subscribing with the new features, you may cancel your subscription. If you accept the new subscription, its terms and conditions will apply for that renewal and all renewals going forward.
Subscription purchases have no monetary value (for example, they are not a cash account or equivalent) and are purchases of only a limited, non-exclusive, revocable, non-assignable, and non-transferable right to access and use the App in accordance with these Supplemental Terms. You may not transfer, sell, purchase, barter, or trade your subscription or attempt or offer to do so. Any attempted transfer will be null and void.
3.2. Billing. By providing a credit card, debit card or other payment method (“Payment Method”) for your subscription, you expressly agree that we, our affiliates, a Third-Party Platform Provider or a third party payment processor is authorized to charge you the Fees (plus any applicable taxes) at the beginning of your subscription and on a recurring basis upon each periodic renewal, unless and until you cancel your subscription. The Fees are nonrefundable unless otherwise stated in these Supplemental Terms. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE PAYMENT METHOD YOU PROVIDE.
If a stated price or other material information is determined by us in our sole discretion to be in error, we are not under any obligation to offer you the subscription at that price and reserve the right to cancel, terminate or not process your order (including accepted orders). We will notify you of the error and either provide you with a refund or give you the opportunity to cancel your order and obtain a refund if payment has already been made.
You acknowledge that the timing of when you are billed may vary, including if your subscription began on a day not contained in a given month (e.g. if you have a monthly subscription and became a paying subscriber on January 31, your payment method would be billed next on February 28), due to free trials and other promotional offers, or changes in your subscription or payment method. You may view your next recurring billing date by contacting the Third-Party Platform Provider or through the Profile tab of the App under Manage Subscription.
If you want to use a Payment Method that is different from the one you used during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by contacting the Third-Party Platform Provider. If your Payment Method expires and you do not update your Payment Method information or if we, our affiliates, a Third-Party Platform Provider or a third party payment processor cannot charge your Payment Method for any reason and you have not cancelled your subscription, you authorize us, our affiliates, a Third-Party Platform Provider or a third party payment processor to continue billing that Payment Method, and you will remain responsible for any uncollected amounts. If a charge to your Payment Method is denied for any reason, we may, at our discretion, terminate, disable, cancel or suspend access to your subscription without further notice.
3.3. Free Trials and Promotions. We may, from time to time, offer promotional trial subscriptions for free or at special discounted prices. Such trial or promotional memberships are subject to terms accompanying the promotional offer (including which users are eligible for the promotional subscriptions) as well as these Supplemental Terms except as otherwise stated in the promotional offer terms. Trials and promotional memberships may be available to one per household and you may be limited in your ability to combine promotions.
Availability of a free trial is not guaranteed and, if we offer you a free trial, the specific terms of your free trial will be provided to you when you enroll. If your subscription includes a free trial, you will not be charged the applicable Fees during your free trial. To obtain the free trial, you may be required to provide a Payment Method to ensure uninterrupted access and continued use after the free trial ends. Once your free trial period ends, your first payment will be automatically charged to your Payment Method immediately at the then-current Fees, unless you cancel your subscription prior to the expiration of your free trial period. If you start a free trial and cancel before it ends, you will lose access to the subscription-based features at the end of the free trial period. We reserve the right to terminate any free trial period at any time.
We may also offer, in our sole discretion, promotions subject to terms that will be provided to you in promotional materials or during your enrollment. After your promotion ends unless you cancel your subscription prior to the end of the promotional period, we will begin billing your Payment Method at the then-current, non-promotional rate and your subscription will continue to automatically renew at the then-applicable rate unless you cancel.
Any free trial period is at our sole discretion and we may limit eligibility or duration to prevent misuse. You may only be permitted to use one free trial or discounted price offer. If your subscription is ever cancelled or terminated for any reason, and you purchase an additional subscription, you may not be eligible for a free trial or to take advantage of another discounted price offer.
3.4. Privacy. Our Privacy Policy explains how we collect, store, process and use your data, and you acknowledge and agree that your use of the App is subject to the terms and conditions of our Privacy Policy.
3.5. Cancelling Your Subscription. Subscriptions purchased through a Third-Party Platform Provider are subject to that third-party’s cancellation policies and procedures. You may cancel your Start TODAY subscription at any time directly through the Third-Party Platform Provider. Cancellation will be effective at the end of the applicable subscription period during which you cancel. If you cancel your subscription, you will still have access to the subscription-based features for the remainder of time you have already paid for (unless we provide you with a refund or otherwise allow you to use the unused portion towards another service or subscription), but you will not receive a refund. You will also forfeit any service or referral credits upon cancellation.
Submitting an account deletion request to us does not cancel your Start TODAY subscription or other subscriptions you maintain with NBCUniversal services. You must separately cancel your subscriptions following the instructions for the relevant service.
3.6. No Refunds. EXCEPT AS OTHERWISE STATED HEREIN OR REQUIRED BY APPLICABLE LAW, YOUR PAYMENT IS NONREFUNDABLE, AND WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-PERIOD SUBSCRIPTION PERIODS OR UNUSED SERVICES. We reserve the right to issue refunds, credits, or discounts at our sole discretion. If we issue a refund, credit, or discount, we are under no obligation to issue the same or similar refund in the future and we may terminate your subscription and access to the services.
By using the App, you acknowledge that certain Content provided within the App is licensed from Dotdash Media Inc. and is protected by copyright and other applicable intellectual property laws. This Content includes, but is not limited to, EatingWell recipes and photos. Such Content is considered to be accompanied by the following attribution: “© Dotdash Media Inc. All rights reserved. Used with permission.”
Apple-Specific Terms. If you access or download the App via the Apple App Store or platform, and the App fails to conform to any applicable warranty in these Supplemental Terms (if any), you may notify Apple, and Apple will refund to you the purchase price (if any) of the App. We, not Apple, are responsible for addressing any claims you or a third party may have relating to such App, or your possession and/or use of such App, including (a) product liability claims, (b) any claims that such App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. In the event of any third-party claim that such App, or your possession and use of such App, infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. For complaints or claims regarding the App, please visit our Start TODAY Help Center.