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Terms of Use ​

Effective date: 13 September 2025

Welcome to NutriScan. These Terms of Use ("Terms") govern your access to and use of the NutriScan mobile applications (iOS/Android) and the documentation website at nutriscan.app (together, the "Services"). By using the Services, you agree to these Terms.

If you do not agree, do not use the Services.

Age Requirements: You must meet the minimum age for your jurisdiction:

  • India: 18 years (DPDP Act 2023)
  • European Economic Area: 16 years (or minimum set by member state, not below 13)
  • United States & Other Regions: 13 years (or digital age of consent in your region)

If you are under the age of majority in your jurisdiction but meet the minimum age above, you must have a parent or legal guardian accept these Terms on your behalf.

1) Who We Are and How to Contact Us ​

2) The Services ​

NutriScan helps you understand meals and plan your diet using features such as meal scanning, nutrition analysis, NutriScore, NutriBites (timeline Q&A), voice assistant Monika, personalized diet plans, ranking/community features, and subscription benefits.

We may add, modify, or remove features at any time to improve performance or safety, or to comply with law or platform policies.

3) Health & Safety Notice (No Medical Advice) ​

⚠️ CRITICAL HEALTH DISCLAIMERS - READ CAREFULLY

Not Medical Advice or Treatment ​

  • Educational Only: NutriScan provides nutrition estimates, dietary suggestions, and educational content. It is NOT medical advice and must never replace professional healthcare consultation, diagnosis, or treatment.
  • No Therapeutic Claims: We make no claims that NutriScan can diagnose, treat, cure, or prevent any health condition or disease.
  • Individual Variation: Our recommendations cannot account for your specific medical conditions, allergies, medications, metabolic rate, or individual health needs.

Emergency & Medical Conditions ​

  • No Emergency Use: Do not use NutriScan for medical emergencies. Contact emergency services immediately if needed.
  • Medical Supervision Required: Always consult qualified healthcare providers before starting any diet plan, especially for medical conditions like diabetes, PCOS, pregnancy, eating disorders, or chronic diseases.
  • Medication Interactions: Dietary changes may affect medications. Consult your doctor before modifying your diet if you take any medications.

AI & Technology Limitations ​

  • Estimation Only: Image recognition and nutritional calculations are estimates that may contain significant errors based on portion size, recipe variations, brand differences, cooking methods, and image quality.
  • AI Limitations: Monika (our AI assistant) and NutriBites responses are generated by artificial intelligence and may provide inaccurate, incomplete, or inappropriate advice.
  • No Professional Substitution: AI-generated responses do not substitute for professional nutritionist, dietician, or medical advice.

User Responsibility ​

  • Verification Required: Always verify nutrition information with packaging labels, professional sources, or healthcare providers.
  • Personal Evaluation: You are solely responsible for evaluating whether any dietary recommendations are appropriate for your individual health circumstances.
  • Professional Consultation: Seek professional medical or nutritional advice before making significant dietary changes or if you have health concerns.
  • Allergies & Restrictions: Users with food allergies or dietary restrictions must independently verify safety of all food recommendations.

4) Accounts and Security ​

  • Registration: You may sign in with Google, Apple, or (in India) mobile number with OTP (via Authkey.io). Provide accurate information and keep your credentials secure.
  • Device Permissions: Camera and Photos are required for scanning; Location, Microphone, Notifications, and iOS Activity are optional and controllable in device settings.
  • Account Integrity: You are responsible for actions on your account. Notify us immediately if you suspect unauthorized use.

5) Subscriptions, Trials, Billing, and Refunds ​

  • Plans: NutriScan offers paid subscriptions (e.g., Track, Premium) with monthly or yearly options. Features may vary by plan and region.
  • Free Trials & Promotions: Free or discounted trial periods may be offered. If you do not cancel at least 24 hours before the trial ends, your subscription will auto‑renew and you may be charged.
  • Billing Platform: Purchases are processed by Apple App Store or Google Play. NutriScan uses RevenueCat to validate receipts and manage entitlements. We do not receive or store full payment card details.
  • Auto‑Renewal: Subscriptions renew automatically until cancelled. Manage or cancel in your device account settings (App Store/Play Store). Deleting the app does not cancel your subscription.
  • Refunds: Refunds are handled by Apple or Google according to their policies. Where permitted by your local law, you may request a refund via the store.
  • Price Changes: We may change prices or features. For ongoing subscriptions, we will notify you in advance as required by the platform; continued use or renewal after the effective date constitutes acceptance.
  • Downgrades: Changing plan or billing cycle may take effect at the next period, per store rules.

6) Community, Sharing, and Rankings ​

  • Visibility: If you choose to share content (e.g., meal screenshots, posts, profile elements), it may be visible to others according to the feature’s settings.
  • Rankings: Any scores or rankings are informational only and not an endorsement or clinical measure.
  • Refer & Earn: Referral programs may award benefits when conditions are met (e.g., both users sign up via the link and activate accounts in eligible regions). We may limit, suspend, or modify the program to prevent abuse.

7) Your Content ​

  • Ownership: You retain ownership of content you upload (photos, titles, entries, comments). You are responsible for your content and must have the necessary rights to share it.
  • License to NutriScan: You grant NutriScan a worldwide, non‑exclusive, royalty‑free license to host, store, reproduce, modify, and display your content solely to operate and improve the Services (e.g., show images in your timeline, generate nutrition analysis, enable sharing with your consent).
  • Moderation: We may remove or restrict content that violates these Terms or law.

8) Acceptable Use ​

You agree not to:

  • Violate laws, intellectual property, privacy, or publicity rights.
  • Upload harmful, deceptive, defamatory, discriminatory, hateful, violent, sexually explicit, or illegal content.
  • Attempt to re‑identify individuals from shared images; respect others’ privacy when capturing photos.
  • Misuse the Services (spam, scraping, automated queries without permission, reverse engineering, exploiting bugs, interfering with security or operation).
  • Attempt to circumvent regional or subscription restrictions.
  • Submit non‑food images to manipulate results or degrade service quality.

9) AI and Automated Features ​

AI Services & Geographic Restrictions ​

Purpose: We use AI to analyze images, answer questions, generate insights, and improve user experience (e.g., Monika and NutriBites). Providers: Google Gemini (primary), Azure OpenAI (secondary) with data processing agreements and training prohibitions.

IMPORTANT GEOGRAPHIC LIMITATIONS:

  • Nevada (USA): AI assistant Monika is disabled in Nevada due to state prohibition on AI providing mental/behavioral health services (AB406, effective 7/1/2025)
  • Utah (USA): Users receive enhanced AI disclosure notices and data sharing limitations per HB452
  • Texas (USA): Additional content filtering to prevent any self-harm related responses per HB149

AI Transparency & Disclosure Requirements ​

Clear AI Identification:

  • Monika assistant clearly identifies as AI technology, not human
  • NutriBites responses include AI-generated disclaimers
  • No impersonation of licensed healthcare professionals
  • Automatic detection and referral for mental health crisis situations

AI Limitations & Human Oversight ​

Critical Limitations:

  • AI outputs may be incorrect, incomplete, or inappropriate for your health situation
  • AI cannot replace qualified healthcare professionals, nutritionists, or dietitians
  • AI responses are based on general information, not personalized medical assessment
  • AI may not detect all food allergies, drug interactions, or medical contraindications

Human Review: Regular monitoring for safety, quality, and compliance with healthcare advertising regulations.

10) Third‑Party Services ​

Some features rely on vendors such as: Supabase (database/auth/storage), Firebase (auth/crash/push, where used), RevenueCat (subscriptions), Apple App Store / Google Play (payments), Appsflyer (deep links/attribution), analytics (e.g., PostHog in‑app, if enabled), hosting/CDN (Netlify for docs), and AI providers.

Your use of third‑party services may be subject to their terms and privacy policies. We are not responsible for their content or practices.

11) Privacy and Cookies ​

Our collection and use of personal data is described in our Privacy Policy: https://nutriscan.app/privacy-policy

The docs site uses a consent banner for analytics cookies; analytics loads only with your consent and uses anonymized IP (Consent Mode). The mobile apps do not use third‑party marketing cookies.

12) Intellectual Property ​

  • Our Rights: The Services, including software, designs, logos, trademarks (e.g., NutriScan), and content we provide, are owned by NutriScan or its licensors and protected by law.
  • Limited License to You: Subject to these Terms, we grant you a personal, limited, non‑exclusive, non‑transferable, revocable license to use the app for personal, non‑commercial purposes. You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works from the Services or any part of them.
  • Feedback: If you provide feedback or suggestions, you grant us a perpetual, worldwide, royalty‑free license to use them without obligation.

13) Service Availability and Changes ​

We may suspend or limit the Services for maintenance, updates, or to address safety, security, or legal issues. We will try to provide reasonable notice for significant changes where practical.

Beta/Preview Features: Some features may be labeled beta, preview, or experimental and may change or be discontinued at any time. Their performance and availability are not guaranteed.

14) Termination ​

You may stop using the Services at any time. We may suspend or terminate your access if you violate these Terms or if required by law. Upon termination, your right to use the Services will end; certain provisions continue (e.g., IP rights, disclaimers, liability limits, dispute terms).

15) Disclaimers ​

COMPREHENSIVE LIABILITY DISCLAIMERS

"AS IS" SERVICE PROVISION: THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ACCURACY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR‑FREE.

HEALTH & NUTRITION DISCLAIMERS:

  • No Medical Device: NutriScan is NOT a medical device and has not been evaluated by the FDA, Health Canada, or other medical device regulators
  • Nutrition Accuracy: Nutritional calculations are estimates only and may vary significantly from actual values due to portion size, preparation methods, ingredient variations, and image recognition limitations
  • AI Limitations: AI-generated responses from Monika and NutriBites are computer-generated and may contain errors, omissions, or inappropriate advice for your specific health situation
  • Individual Variation: Results and recommendations may not be suitable for your individual metabolism, medical conditions, allergies, or dietary restrictions

GEOGRAPHIC & REGULATORY DISCLAIMERS:

  • FDA Compliance: NutriScan is not intended to diagnose, treat, cure, or prevent any disease as defined by FDA regulations
  • State Law Compliance: Some AI features may be restricted or disabled in certain US states (Nevada, Utah, Texas) due to local health service regulations
  • International Variations: Service features may vary by country due to local regulatory requirements

TECHNOLOGY DISCLAIMERS:

  • Data Security: While we implement industry-standard security measures, no system is completely secure and data breaches may occur
  • Service Availability: We do not guarantee continuous, uninterrupted access to the Services
  • Third-Party Dependencies: Service functionality depends on third-party providers (AI services, payment processors) beyond our control

🚨 HEALTH GOAL-SPECIFIC LIABILITY PROTECTIONS:

🩸 DIABETES MANAGEMENT LIABILITY PROTECTION:

  • NEVER use carbohydrate estimates for insulin dosing decisions - errors could cause life-threatening hypoglycemia or hyperglycemia
  • Blood glucose monitoring cannot be replaced by nutrition estimates - continue prescribed testing regimens
  • Emergency protocols must be maintained - severe hypoglycemia requires immediate emergency medical treatment
  • Medication timing and food interactions - dietary changes may affect diabetes medications and insulin sensitivity
  • Diabetic ketoacidosis risk - inadequate insulin management based on incorrect carbohydrate estimates may trigger DKA
  • Healthcare provider approval required before modifying diabetic diet plans or carbohydrate counting methods

🤰 PREGNANCY NUTRITION LIABILITY PROTECTION:

  • Prenatal care cannot be replaced - regular medical monitoring essential for maternal and fetal health
  • Nutritional deficiencies risk fetal development - inadequate folate, iron, calcium may cause birth defects or complications
  • Food safety critical during pregnancy - cannot detect pregnancy-unsafe foods (raw fish, unpasteurized products, high mercury fish)
  • Gestational diabetes requires medical management - specialized dietary protocols beyond general nutrition estimates
  • Weight gain must be medically supervised - inappropriate weight management may harm fetal development
  • Emergency obstetric conditions - severe nausea, unusual symptoms require immediate medical evaluation, not dietary adjustments

🌸 PCOS MANAGEMENT LIABILITY PROTECTION:

  • Hormonal impacts require medical supervision - dietary changes may affect insulin resistance, ovulation, and fertility
  • Medication interactions - PCOS medications (metformin, hormonal treatments) interact with dietary modifications
  • Fertility treatment coordination - nutrition plans may conflict with assisted reproductive technology protocols
  • Metabolic syndrome monitoring - PCOS increases diabetes and cardiovascular risk requiring medical oversight
  • Mental health considerations - body image, eating disorders common with PCOS require professional psychological support
  • Supplement risks - herbal supplements for PCOS may interact with prescribed medications or affect hormone levels

⚖️ WEIGHT LOSS LIABILITY PROTECTION:

  • Eating disorder trigger warnings - restrictive suggestions may worsen anorexia, bulimia, orthorexia, or binge eating disorders
  • Metabolic damage prevention - extreme calorie restrictions may slow metabolism and cause nutritional deficiencies
  • Body dysmorphia considerations - unrealistic expectations or rapid changes may worsen mental health conditions
  • Medical conditions requiring specialized diets - thyroid, kidney, liver conditions need medical supervision for safe weight loss
  • Medication dosage adjustments - weight loss may require adjusting medications for diabetes, blood pressure, heart conditions
  • Emergency warning signs - dizziness, chest pain, severe fatigue during weight loss require immediate medical evaluation

💪 MUSCLE BUILDING LIABILITY PROTECTION:

  • Supplement interaction warnings - protein powders, creatine, pre-workouts may interact with medications or health conditions
  • Kidney function monitoring - high protein intake may stress kidneys, especially with pre-existing kidney disease
  • Exercise program coordination - nutrition recommendations may not align with specific training protocols or recovery needs
  • Hormone optimization requires medical oversight - testosterone, growth hormone levels need professional monitoring and support
  • Cardiovascular safety - high-intensity training combined with dietary changes may stress cardiovascular system
  • Injury recovery protocols - specialized nutrition needs during injury rehabilitation require sports medicine expertise

🦠 VIRAL/FLU RECOVERY LIABILITY PROTECTION:

  • Medical treatment cannot be replaced - nutrition suggestions do not substitute antiviral medications or medical interventions
  • Immune system claims unsubstantiated - no evidence nutrition recommendations prevent, treat, or cure viral infections
  • Symptom monitoring critical - severe symptoms (difficulty breathing, chest pain, high fever) require immediate medical attention
  • Hydration and medication interactions - dietary changes may affect medication absorption or effectiveness during illness
  • Vulnerable populations at higher risk - elderly, immunocompromised, pregnant individuals need medical supervision during illness
  • Post-viral syndrome considerations - long-term recovery may require specialized medical and nutritional rehabilitation protocols

16) Limitation of Liability ​

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NUTRISCAN AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR REVENUE, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT YOU PAID (IF ANY) FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Consumer rights under mandatory law (e.g., in the EEA/UK/India) are not affected by this section.

17) Indemnification ​

You agree to defend, indemnify, and hold harmless NutriScan and its affiliates from any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from your content, your use of the Services, or your violation of these Terms or applicable law.

18) Governing Law and Dispute Resolution ​

  • Governing Law: These Terms are governed by the laws of India, without regard to conflict of laws principles. Courts located in Mumbai, India will have exclusive jurisdiction, except where mandatory local law grants you additional consumer protections.
  • EEA/UK Consumers: You may benefit from mandatory consumer protections of your country of residence; this clause does not deprive you of those rights.
  • Informal Resolution: Contact support@nutriscan.app to attempt to resolve disputes informally before filing a claim.

Language: These Terms are provided in English. Where we provide translations, the English version will control in case of conflict.

19) US/Global-Specific Consumer Protection ​

US Federal Trade Commission (FTC) Compliance ​

  • Truth in Advertising: NutriScan makes NO unsubstantiated health claims - all nutrition estimates clearly labeled as approximations for educational purposes only
  • Health Claims Substantiation: Zero therapeutic or medical claims made - operates solely as general wellness and educational nutrition tool
  • Unfair or Deceptive Practices: Full transparency about AI limitations, potential recognition errors, and need for independent professional verification
  • Consumer Protection Act Compliance: Clear disclosure of premium features, technical limitations, and refund policies before subscription purchase

US Healthcare Regulatory Compliance Terms ​

  • FDA Medical Device Exemption: NutriScan is NOT classified as medical device under FDA 21 CFR Part 820 - operates as general wellness product
  • No HIPAA Applicability: NutriScan is NOT a covered entity under HIPAA - does not create, receive, or maintain protected health information
  • State Medical Practice Act Compliance: No medical advice provided - all health-related information exceeds neither general wellness scope nor educational content
  • Professional Licensing Disclaimer: NutriScan staff are not licensed healthcare professionals providing services through the application
  • California Consumer Privacy Act Enhanced: Granular controls for sensitive personal information with opt-out mechanisms for biometric and health data processing
  • Illinois Biometric Information Privacy Act: Voice recordings and iOS motion data processed only with explicit informed written consent and secure storage
  • New York SHIELD Act Compliance: Enhanced security requirements for personal data protection with breach notification within legal timeframes
  • Texas Health Information Act: Additional content filtering and enhanced disclosure requirements for AI-generated health-related responses

US Litigation & Product Liability Terms ​

  • Individual Arbitration Requirement: Disputes under $25,000 resolved through individual arbitration rather than class action where legally permitted
  • Statute of Limitations: Legal claims must be brought within one (1) year of discovering alleged harm or injury
  • Product Liability Insurance Maintained: Comprehensive general and professional liability insurance coverage for nutrition app operations
  • Expert Witness Standards: All nutrition methodologies based on peer-reviewed research and recognized nutritional database standards
  • GDPR Article 9 Global Application: Special category health data protections applied to all users globally regardless of jurisdiction
  • Cross-Border Compliance: Standard Contractual Clauses 2021 with Transfer Impact Assessments for international data processing protection
  • Multi-Jurisdictional Age Verification: Compliance with digital age of consent laws across 50+ countries with enhanced parental controls
  • International Consumer Protection: Recognition of mandatory local consumer protection laws that supersede these terms where legally required

International Food Safety & AI Disclaimers ​

  • Global Food Recognition Limitations: AI training focused on Western/US foods - accuracy significantly reduced for regional international cuisines
  • International Allergen Standards: Cannot detect allergens across different international labeling standards (US FDA, EU EFSA, CODEX Alimentarius)
  • National Food Authority Disclaimers: NOT approved by FDA, EFSA, Health Canada, FSSAI, or other national authorities for medical nutrition therapy
  • Cultural Dietary Practice Warnings: Nutrition recommendations may not account for traditional preparation methods, religious dietary laws, or cultural eating practices

Multi-Language Terms Access ​

Terms of Use in Other Languages ​

All language versions contain equivalent legal protections and comply with local regulations:

  • 🇺🇸 Global Version: Universal protections under international law
  • 🇮🇳 India: DPDP Act 2023 compliance with enhanced biometric data protections
  • 🇪🇸 Spain: GDPR + LOPDGDD compliance with AEPD requirements
  • 🇫🇷 France: GDPR + CNIL compliance with enhanced consent mechanisms
  • 🇩🇪 Germany: GDPR + BDSG compliance with DSFA requirements

Note: In case of conflicts between language versions, the English version prevails, except where mandatory local consumer protection laws apply.

20) Export and Sanctions ​

You may not use or export the Services in violation of applicable export control or sanctions laws.

21) Changes to These Terms ​

We may update these Terms from time to time. If changes are material, we will provide notice (e.g., in‑app or by email). Continued use after the effective date means you accept the updated Terms.

22) Notices and Grievances ​

  • Contact: support@nutriscan.app
  • Legal/DMCA/Grievance Notices: Please include your name, contact information, and a detailed description of your request or concern. For India (DPDP) grievances, specify "DPDP Grievance" in the subject line.

23) General Terms ​

  • Severability: If any provision is unenforceable, the remainder stays in effect.
  • No Waiver: Failure to enforce a provision is not a waiver of our right to do so later.
  • Assignment: You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or asset sale.
  • Entire Agreement: These Terms, together with the Privacy Policy and any in‑app notices, are the entire agreement between you and NutriScan regarding the Services.
  • Headings: Section headings are for convenience only.

Last updated: 13 September 2025

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