Nutrino Terms of Service
We reserve the right, in our sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. You are responsible for reviewing these Terms periodically. Your continued use of the Services after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms. Services may not be available in all geographic locations.
Subject to the terms and conditions hereof, during the period these Terms are in effect, Nutrino allows you to use the Services on a non-exclusive basis. Nutrino may change, modify or update the Services at any time without prior notice to you, including to remove functionality. Currently, Nutrino makes certain features of the Services available free-of-charge to you, while other features, such as a Premium Account (as defined below) require payments. Nutrino may choose at any time to charge for your future use of the Services or any part thereof. In order to use the Services, you must be 18 years of age or older, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years, or have the permission of your parent or guardian. You may not use the Services if your access to or use thereof violates any applicable law or regulation.
You may register to use Nutrino by providing the requested information or by logging on through a social media account and/or through a third-party lifestyle/activity tracking application (“Third-Party Application”). You may register for a free account or for a premium account (“Premium Account”). A Premium Account will allow you to access added features, such as meal planning. We may change the method of registration or logging on, including the types of accounts and the Services provided through them, at our discretion. By registering through a social media account and/or through a Third-Party Application you represent and warrant that such account is yours and you have all right to provide us with the information in such account. Nutrino reserves the right to refuse to allow any user to open an account for any reason at its sole discretion. You agree that you will supply accurate and complete information to us in the creation of your account and the use of the Services, and that you will update such information promptly after it changes. You shall have all responsibility for any inaccuracies in any information you provide to us, or in respect of your failure to keep such information up-to-date.
You shall not share your account or login information with any third party, nor let any third party access your account, and are responsible for maintaining the confidentiality of the login information for your account. You are fully and solely responsible for the security of your computer system, mobile device and all activity on your account, even if such activities were not committed by you. We may terminate your use of the Services if you let someone use your account inappropriately or if you or anyone using your account violates these Terms. You agree to immediately notify us via e-mail at email@example.com of any unauthorized use of your account. Nutrino will not be liable for any losses or damage arising from unauthorized use of the Services, and you agree to indemnify and hold Nutrino harmless for any improper or illegal use of the Services, and any charges and taxes incurred, unless you have notified us immediately at the email address listed above.
Termination of Account
You agree that we may for any reason, in our sole discretion and without notice, terminate your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of these Terms or the spirit of these Terms, (iii) fraudulent, harassing or abusive behavior or (iv) behavior that is harmful to other users, third parties, the community ethos of our Services or our business interests. In the event that we terminate your account, you may not register for the Services again without our express permission. If you believe that any action has been taken against your account in error, please contact us at firstname.lastname@example.org.
In addition, if we believe, in our sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity, behavior or activities of anyone believed to have violated these Terms or to have engaged in illegal behavior. You may request termination of your account at any time and for any reason by sending an email to email@example.com.
Any suspension or termination of your account shall not affect your obligations to us under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination.
Use of the Site and/or Services, including registering for a Premium Account, may be subject to payment, both to Nutrino and to any third party. Currently, payments for a Premium Account are made through the Apple App Store and Google Play. Nutrino may revise prices or methods of payment at any time without notice.
Some of our Services, such as purchase of foods from online grocery retailers or purchase of restaurant services, may be rendered through our partner online grocery retailers and restaurants. Our partners’ terms will determine the terms of these Services, including the terms of payment, warranties and return policies. For more information, please see any such partner’s website. We reserve the right to change the way such Services are provided in the future, including, without restriction, allowing payments to be made by means of our Services. You must respect the terms and conditions of any payment methods you use. We reserve the right to cancel any Services or goods ordered if full payment is not received. We reserve the right to cancel any transaction that we have reason to believe to have been fraudulently made, including by unauthorized use of a credit card, debit card, or other payment method.
You are solely responsible for any taxes on amounts you may pay or obtain through the Services. Nutrino will deduct applicable charges and taxes from any payable amounts, as required by law.
Services and Food Recommendations
Nutrino may provide you with online health tests in order to help tailor our recommendations to your needs. NUTRINO IS NOT THE AUTHOR AND/OR CREATOR OF THESE HEALTH TESTS AND CANNOT AND DOES NOT ACCEPT LIABILITY FOR THEIR ACCURACY, SAFETY AND/OR APPLICABILITY. THESE TESTS ARE PROVIDED FOR informational and educational purposes only and are not a substitute for the professional judgment of a health care OR NUTRITION professional in diagnosing and treating patients. Neither the TESTS, THE content nor any other service offered by or through this sERVICE is intended to be medical diagnosis or treatment.
Nutrino uses the results of the health tests and the information provided by users in order to make recommendations for meal plans, recipes, packaged foods and restaurant meals (“Planning Feature”). Some and/or all of the Planning Feature may only be provided to users with a Premium Account. The Planning Feature may include links to online grocery retailers, restaurants and/or sites providing recipes. While Nutrino makes reasonable efforts to ensure that such recommendations are tailored to the user’s nutritional needs, lifestyle choices and tastes, utilizing international health guides and recommendations whenever possible, Nutrino cannot and does not represent or warrant that a user will find recommendations to be suitable to his/her tastes, nutritional and/or health needs and that such recommendations are safe and appropriate. NUTRINO IS NOT AN ACCREDITED HEALTH OR NUTRITION PROFESSIONAL AND DOES NOT HAVE THE FULL HEALTH HISTORY OF EACH USER. USERS MUST CONSULT WITH THEIR HEALTH CARE PROFESSIONALS, PERFORM ALL NECESSARY RESEARCH AND USE THEIR COMMON SENSE BEFORE MAKING ANY NUTRITIONAL OR FOOD CHOICES. The contents of the Site and the Services, including without limitation the health tests, are NOT a substitute for professional medical advice, diagnosis or treatment.
Nutrino also provides the “Logging Feature”, which allows a user to log his or her food and beverage intake, exercise activities, feelings and body measurements. While we attempt to keep accurate records when you use the Logging Feature, we cannot guarantee that all the data will be retained and/or will be accurate.
We may provide users with the possibility to purchase products from third parties. We are not responsible for the accuracy or currency of any information regarding foods, recipes, prices, locations, grocery retailers, restaurants and/or other retailers that appear on the Services. The prices and descriptions that appear in the Services may not reflect the correct prices and descriptions on the premises, on the internet site or at the checkout of the applicable grocery retailers, restaurants and/or other retailer. We are not responsible for the terms of such transactions or for the products provided from such third parties. Please see the terms and conditions of such third parties in order to understand the relevant terms of such purchases.
You’re responsible for backing up the data that you store on the Services. If the Services and/or your account is terminated or canceled, you hereby authorize us to permanently delete your data from our servers. You agree that we have no obligation to return data to you after the Services and/or your account is terminated or cancelled.
Other Health related services
Nutrino provides, among other things, glucose monitoring information and information to help pregnant women to plan and promote their healthcare during their pregnancy. The information provided is based on a variety of materials, including but not limited to advice, recommendations, messages, comments, graphics, software, sound, photographs, videos, data, and other materials (“Content). The Content is gathered and provided partially by Nutrino and partially by its suppliers (“Suppliers“). While Nutrino strives to maintain the Content that is presented accurate, complete, and up-to-date, Nutrino cannot guarantee, and is not responsible for the perpetual accuracy and completeness of any Content, whether provided by Nutrino or its Suppliers.
Nutrino’s glucose monitoring capability is intended to help you understand your individual response to certain foods so that you can maintain a healthy diet. It should not be used as a basis for insulin dosing decisions or for trending and tracking of continuous glucose monitoring device (CGM) data. It does not provide current, real-time glucose information. For specific review of CGM data, only the CGM device itself or the CGM manufacturer’s supporting software should be used. Use of the glucose monitoring capability may require your purchase of additional mentoring hardware.
ALL INFORMATION AND CONTENT AVAILABLE VIA NUTRINO IS PROVIDED ON THE BASIS THAT NEITHER NUTRINO NOR ITS SUPPLIERS ARE DOCTORS OR QUALIFIED HEALTHCARE PROFESSIONALS AND ARE NOT PROVIDING MEDICAL ADVICE OR DEVICES. ONLY SUCH PERSONS AS ARE QUALIFIED BY LAW TO PROVIDE MEDICAL CONSULTATION MAY PROVIDE SUCH SERVICES OR ADVICE.
THE CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED TO CONSTITUTE ANY MEDICAL OR HEALTHCARE ADVICE OR DEVICE, NOR TO DIAGNOSE, TREAT, PREVENT OR CURE ANY INDIVIDUAL HEALTH PROBLEMS. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROFESSIONAL FAMILIAR WITH YOUR UNIQUE FACTS.
ALTHOUGH NUTRINO DOES PROVIDE ONLINE NUTRITIONAL SERVICES AND RECOMMENDATIONS, IT CANNOT FULLY REPLACE AN INDIVIDUAL AND SPECIFIC CONSULTATION WITH A DIETARY OR NUTRITION PROFESSIONAL. PLEASE ACT RESPONSIBLY AND ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL REGARDING ANY MEDICAL CONDITION AND BEFORE UNDERGOING ANY NEW NUTRITIONAL PLAN OR TREATMENT, AND FOR QUESTIONS YOU MAY HAVE REGARDING YOUR MEDICAL CONDITION.
Dexcom Product User
In the event that You has (i) registered to use a Dexcom CGM Product, or (ii) been authorized by a registered user to view such person’s Dexcom CGM Product’s information, including without limitation, CGM Data Endpoints, through the use of the Dexcom Share® mobile application and services (“Dexcom Product User”), and that you are accessing, signing in or using the Application as a Dexcom Product User, you hereby provide your consent and authorize Nutrino to deliver to DexCom Inc. the following food item data entries created or generated by You or by Nutrino: (i) DietryEnergyConsumed; (ii) DietryFatTotal; (iii) DietryCArbonhydrates; and, (iv) DietryProtein;
Nutrino assumes no responsibility for the use of the foregoing food data by DexCom, and in any event we will not be liable to you or to any third parties for any damages arising from the use of such food data by DexCom.
Nutrino and its licensors own the Site and Services, including any material or content made available through the Services, and all worldwide intellectual property rights, including, without limitation, copyrights, patents, trademarks and trade secrets in the foregoing. The provision of the Services does not transfer to you or any third party any rights, title or interest to such intellectual property rights. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use any material made available in the Services and we reserve all rights not expressly granted herein. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of ours or any third party. You are not required to provide us with any feedback or suggestions regarding the Services. However, should you provide us with comments or suggestions for the modification, correction, improvement or enhancement of Services then you agree that no such feedback shall be subject to any obligation of confidentiality, and we may use or publish such feedback at our discretion.
Rules of Use
You agree that you will not: (a) solicit another person’s account information or other personal information under false pretenses or otherwise attempt to gain unauthorized access to the Services; (b) impersonate another user or otherwise misrepresent yourself in any manner (including creating multiple accounts or personas) whether to another user, to us, or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent, (d) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam or any other form of unsolicited messages, (e) violate the legal rights of others, including defaming, abuse, stalking or threatening users; (f) infringe the intellectual property rights, privacy rights, or moral rights of any third party, (g) post or transmit any content that is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (h) violate any applicable law, rule or regulation, (i) publish falsehoods or misrepresentations; (j) post or transmit any material that is (or reasonably should be understood to be) libelous, defamatory, obscene, offensive, including material promoting or glorifying hate, violence, or bigotry or otherwise inappropriate to the community ethos of the Services; (k) post or transmit any virus, worm, Trojan horse, or other harmful or disruptive component; (l) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content; or (m) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, the Services. You may not, nor may you assist other parties to (1) copy, modify, or create derivative works of the Services, (2) reverse-engineer, disassemble, or attempt to derive the source code of the software used to provide the Services, or (3) attempt to disable or circumvent any security mechanism of the Services.
No Warranties; Disclaimer
Your use of any aspect of the Services is at your own risk and discretion. We are not health or nutrition professionals and any nutritional and/or health advice that we provide you must be checked with your health professional. Please exercise and eat responsibly, and consult with your medical professional before starting any nutritional program or undertaking any competition requiring any exercise. Nutrino cannot and does not accept any liability in respect of any purchases or activities that you may undertake through using the Services, including by participating in competitions. You are solely responsible for any choices that you make regarding food, food services, your health, competitions and exercise.
We make no representations or warranties whatsoever in respect of the Services. Information regarding food, dishes, recipes, nutritional and/or health information, competitions, prices, images and other information may be provided by third parties. We cannot and do not accept any liability whatsoever in respect of any content which is provided by third parties. Online grocery retailers, restaurants, retailers, recipe providers and other entities on these Services are independent contractors and not employees or agents of Nutrino. We disclaim all liability, regardless of the form of action, for the acts or omissions, of such entities, online or offline, or for any personal injuries, death, property damage, or other damages including consequential damages or expenses resulting therefrom. Nutrino has no liability and will make no refund in the event of any delay, cancellation, strike, force majeure or other causes beyond its direct control and it has no responsibility for any additional expense, omissions or acts of any government or authority. To the maximum extent permitted by applicable law, everything available on or through the Site and Services is provided to you “AS-IS” and “AS-AVAILABLE” without warranty of any kind. Without limiting the foregoing, we disclaim any implied or statutory warranties in respect of merchantability, fitness for a particular purpose or non-infringement in respect of the Services. Nutrino does not warrant that any description provided through the services regarding food, dishes, recipes, nutritional information, competitions prices and/or otherwise is accurate, complete, reliable, current, healthful, safe or error-free.
No advice or information, whether oral or written, obtained by you from Nutrino, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
Other Health related services
IN NO EVENT SHALL NUTRINO AND ITS SUPPLIERS, INCLUDING THEIR DIRECTORS, OFFICERS AND EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR MONETARY DAMAGES, INCLUDING FEES, AND PENALTIES IN CONNECTION WITH YOUR USE OF THE NUTRINO APPLICATION. BY USING NUTRINO AND IMPLEMENTING THE ADVICE PROVIDED BY NUTRINO AND ITS SUPPLIERS, YOU HEREBY ASSUME THE RISK OF USING NUTRINO’S NUTRITIONAL PROGRAM AND ANY OTHER INFORMATION PROVIDED BY NUTRINO. IN ADDITION, YOU SHALL ASSUME THE RISK OF ANY AND ALL HEALTH CONSEQUENCES FOR YOUR FAILURE TO PROVIDE YOUR FULL HEALTH INFORMATION TO NUTRINO. YOU SHALL HOLD NUTRINO HARMLESS FOR ANY NEGLIGENCE OR OTHER FAILURE TO PROPERLY PREPARE YOUR DIETARY REGIMENT AND ASSUME FULL RESPONSIBILITY FOR SAME, INCLUDING ANY CONSEQUENTIAL DAMAGES RESULTING FROM SAME.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVERYTHING AVAILABLE ON OR THROUGH NUTRINO IS PROVIDED TO YOU “AS-IS” AND “AS-AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, NUTRINO DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTIES IN RESPECT OF THE CONTENT PROVIDED BY IT AND ITS SUPPLIERS. NUTRINO CANNOT AND DOES NOT ACCEPT ANY LIABILITY WHATSOEVER WITH RESPECT TO ANY CONTENT WHICH IS PROVIDED BY THE SUPPLIERS. NUTRINO DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS, OF SUCH THIRD PARTIES, OR FOR ANY PERSONAL INJURIES, DEATH, NEGLIGENCE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. NUTRINO CANNOT AND DOES NOT WARRANT THAT ANY DESCRIPTION PROVIDED THROUGH THE CONTENT REGARDING FOOD, DISHES, RECIPES, NUTRITIONAL INFORMATION AND EXERCISES IS ACCURATE, COMPLETE, RELIABLE, CURRENT, HEALTHFUL AND SAFE OR ERROR-FREE.
NUTRINO CANNOT AND DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO ANY ACTIVITIES THAT YOU CHOOSE TO UNDERTAKE BY USING THE CONTENT PROVIDED BY NUTRINO, WHICH ACTIVITIES MAY AFFECT YOUR HEALTH (INCLUDING DURING YOUR PREGNANCY). YOU ARE SOLELY RESPONSIBLE FOR ANY CHOICES THAT YOU MAKE REGARDING FOOD PLANS AND EXERCISES (INCLUDING DURING YOUR PREGNANCY).
BY USING THE NUTRINO SERVICE, YOU HEREBY ASSUME ANY AND ALL RESPONSIBILITY AND RISK FOR USING AND IMPLEMENTING ANY OF THE CONTENT PROVIDED BY NUTRINO.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall we be liable to you or any third party for any damages, including but not limited to general, incidental, consequential, indirect, direct, special or punitive damages, arising out of or relating to the Services or content. In any case, our entire liability under any provision of these Terms shall not exceed amounts paid by you directly to us for the use of the Services hereunder. As such, if you have not made any payments to us in order to use the Services, we shall not have any liability to you whatsoever.
In addition to the foregoing, Nutrino assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission or communications line failure. Nutrino is not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to users or to any person’s mobile device or computer related to or resulting from participation or use of the Services. Nutrino cannot and does not warrant that any Third-Party Application shall transmit any information to us, correct or otherwise, or that any information submitted by you shall be retained and stored, correctly or at all. Under no circumstances shall Nutrino be responsible for any loss or damage, including personal injury or death, resulting from use of the services, whether online or offline, or in connection with eating while using or refraining from using recommendations provided by the Services or exercising while using the services and/or participating in competitions advertised on the Services.
You agree to indemnify, defend, and hold us harmless (including our employees, directors, officers, subcontractors and agents) against any and all claims, damages, losses, liabilities, costs or expenses (including reasonable attorneys’ fees and court costs) (“Claims”) that arise directly or indirectly from: (a) the breach of these Terms by you or anyone using your computer, mobile device, password or login information, including due to submission of false reports of your exercise activities and levels thereof; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Services; (c) your violation of any law or regulation; (d) your infringement of any right of any third party, including without limitation the infringement of any third party intellectual property right or moral right; or (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Services shall be in compliance with all applicable laws, regulations and guidelines.
Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond to copyright owners who believe material appearing on the Services infringes their rights under US copyright law. Nutrino accepts no responsibility or liability for any submissions, or any material provided or posted by a user. If you believe that something appearing on the Services infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. It is the policy of Nutrino to terminate the accounts of repeat infringers in appropriate circumstances. Send notices and counter-notices to firstname.lastname@example.org.
Apple App Store
This provision is only applicable to users that download the Application through the Apple App Store. These Terms are an agreement between you and Nutrino. Apple has no responsibility for the Application or the content of the Application, including in respect of claims of intellectual property infringement, product liability or that the Application does not conform with applicable law. To the maximum extent permitted by applicable law, Apple provides no warranty in respect of the Application and has no obligation to provide support in respect of the Application. All claims in respect of the Application must be directed to Nutrino and not to Apple. Your use of the Application must be in compliance with the App Store Terms of Service, and you may only use the Application on an iPhone or iPod that you own or control as permitted by such terms. In the event the Application fails to conform to the warranty set forth herein, you may notify Apple, and Apple will refund the purchase price for the Application to you. Apple shall be a third party beneficiary of these Terms with the right to enforce these Terms against you.
These Terms shall be governed by the law of the State of Israel exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms, the Services shall be brought exclusively in the court located in Tel-Aviv/Jaffa, and you irrevocably consent to their jurisdiction. Any cause of action against us must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision as permitted by applicable law, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and us or enables you to act on our behalf. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and supersedes any other agreements, understandings or warranties. Nothing contained in these Terms shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. We may assign our rights under these terms to any third party. You may not assign your rights or obligations hereunder except as we expressly permit in writing. Any notice to be provided to you pursuant to these Terms maybe provided to the email address or other contact information you have provided to us.
Last updated: June 2016