Terms of Service

Last Updated: March 9, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Nutritimo ("we," "our," or "us") governing your access to and use of the Nutritimo mobile application ("App") and any related services, features, content, or applications offered by us (collectively, the "Services").

By downloading, installing, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the App.

2. Eligibility

You must be at least 13 years old to use the App. By using the App, you represent and warrant that you are at least 13 years old and that your use of the App does not violate any applicable laws or regulations.

3. Privacy Policy

Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and disclose information about you when you use the App. By using the App, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

4. App License and Restrictions

4.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App for your personal, non-commercial use on a mobile device that you own or control.

4.2 Restrictions

You agree not to, and will not permit others to:

• License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the App
• Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the App
• Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) on the App
• Use the App for any illegal purpose, or in violation of any local, state, national, or international law
• Use the App to send automated queries to any website or to send unsolicited commercial email
• Use the App to harm, threaten, or harass another person, organization, or Nutritimo
• Perform any fraudulent activity including impersonating any person or entity

5. Health and Nutritional Information Disclaimer

5.1 Not Medical Advice

The App provides general information about nutrition, food tracking, and recipe suggestions. This information is for informational purposes only and is not intended as, and should not be considered a substitute for, professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or before starting any new diet or nutritional program.

5.2 Sources and Citations

We strive to provide accurate and reliable information within the App. All nutritional information, dietary recommendations, and recipe suggestions are based on sources cited within the App. However, we do not guarantee the accuracy, completeness, or usefulness of this information, and we are not responsible for any errors or omissions in the content.

5.3 User Responsibility

You acknowledge and agree that you are solely responsible for any actions you take based on information provided in the App. The use of any information provided by the App is solely at your own risk.

6. User Content

6.1 User-Generated Content

The App may allow you to create, post, store, and share content, including photos, text, and other materials ("User Content"). You retain any rights that you may have in your User Content.

6.2 License to User Content

By providing User Content to the App, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

6.3 Responsibility for User Content

You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that: (i) you are the creator and owner of your User Content or have the necessary licenses, rights, consents, and permissions to authorize us to use your User Content as described in these Terms; and (ii) your User Content does not violate the rights of any third party.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by Nutritimo, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7.2 Trademarks

All trademarks, logos, service marks, and trade names displayed on the App are either our property or the property of third parties. You are not permitted to use these marks without our prior written consent or the consent of the third party that owns the mark.

8. Third-Party Services and Content

8.1 Third-Party Services

The App may contain links to third-party websites or services, including but not limited to the Gemini API and other nutrition data sources. These third-party services are not under our control, and we are not responsible for their content, functionality, or privacy and security practices. We provide these links only as a convenience, and the inclusion of any link does not imply our endorsement or any association between us and the operators of such sites.

8.2 Third-Party Content

The App may display or make available content, data, information, applications or materials from third parties ("Third-Party Content"). We do not control, endorse, or adopt any Third-Party Content and will have no responsibility for Third-Party Content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable.

9. Termination

9.1 Termination by You

You may terminate these Terms at any time by ceasing all use of the App and deleting the App from your device.

9.2 Termination by Us

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the App will immediately cease.

10. Disclaimers

10.1 Warranty Disclaimer

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

10.2 Service Availability

We do not warrant that the App will function uninterrupted, secure, or available at any particular time or location, or that any errors or defects will be corrected.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Nutritimo, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE APP.

12. Indemnification

You agree to defend, indemnify, and hold harmless Nutritimo and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the App; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the App after any revisions become effective, you agree to be bound by the revised terms.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in San Francisco, California, and you hereby consent to personal jurisdiction and venue therein.

15. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

16. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Nutritimo regarding your use of the App and supersede all prior and contemporaneous written or oral agreements between you and Nutritimo.

17. Contact Information

If you have any questions about these Terms, please contact us at:

Email: legal@Nutritimo.com

18. Effective Date

These Terms of Service are effective as of March 9, 2025.