Terms of Service

Last Modified: May 2024

I. INTRODUCTION

These Terms of Use and End User License Agreement (collectively, the “Agreement”) together with all the documents referred to in it constitute a legally binding agreement made between you as a natural person (“you”, “your” or “user”) and Fria LLC (“we,” “us” or “our”) concerning your access to and use of the mobile application NutriAI (the “App”). All the documents that relate to the App are hereby expressly incorporated herein by reference.

Please read this Agreement carefully before you start using the App.

It is important that you read and understand this Agreement. By using the App you indicate that you have read, understood, agreed, and accepted the Agreement which takes effect on the date you start using the App.

If you do not accept this Agreement, or if you do not agree with at least one of its provisions, you may not access or use the App.

II. CHANGES TO THIS AGREEMENT

We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be deemed to have accepted the changes in any revised Agreement by your continued use of the App after the date such revised Agreement is posted.

III. RESTRICTIONS ON WHO CAN USE THE APP

In order to access and/or use the App, you must reach the age of majority or legal age in your applicable jurisdiction (i.e., in most jurisdictions you must be at least eighteen (18) years of age or older).

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian in order for them to use the App. Therefore, if you are between the ages of thirteen (13) and seventeen (17) and you wish to access and/or use the App, before doing anything of the above you must: (a) ensure that your parent or guardian has read and agree (get your parent or guardian’s consent) to this Agreement prior to you using the App; (b) have the power to enter into a binding agreement with us under the applicable law.

Parents and guardians must directly supervise any use of the App by minors. It is the sole responsibility of parents and guardians to prevent any unauthorized use of the App by their minors who have not reached the age of majority or legal age in the applicable jurisdiction.

Any person under the age of thirteen (13) is not permitted to access and/or use the App.

You confirm that you have either reached the age of majority or legal age in the applicable jurisdiction (at least you are older than eighteen (18) years of age), or that you are an emancipated minor, or you possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.

IV. GENERAL TERMS

The App is developed for general informational purposes.

The App provides you with the opportunity to use NutriAI, which leverages Artificial Intelligence models and technologies to analyze images of food. By uploading a photo, you can receive estimated nutritional information, including but not limited to calories, macronutrients, and other dietary data. The App also allows you to purchase subscriptions for additional functionality.

You agree not to use the App for any illegal, inappropriate, or unauthorized purpose or activity.

V. PRIVACY POLICY

Your privacy is very important to us. Accordingly, we have developed the Privacy Policy in order for you to understand how we process, use, and store information including personal data. Access to and use of the App is subject to the Privacy Policy. By accessing and/or using the App, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have acknowledged the ways we process your information as well as appropriate legal grounds for processing described in the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop using the App. Please read our Privacy Policy carefully.

VI. HEALTH AND NUTRITIONAL DISCLAIMER

THE NUTRI AI APP PROVIDES ESTIMATED NUTRITIONAL INFORMATION FOR GENERAL INFORMATIONAL PURPOSES ONLY. THE INFORMATION IS NOT INTENDED TO BE, AND SHOULD NOT BE USED AS, 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, DIETARY RESTRICTIONS, ALLERGIES, OR HEALTH OBJECTIVES. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE VIEWED ON THE APP.

WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY NUTRITIONAL INFORMATION PROVIDED BY THE APP. THE ANALYSIS IS GENERATED BY AI ALGORITHMS AND IS SUBJECT TO ERROR. YOU ASSUME FULL RESPONSIBILITY FOR ANY ACTIONS YOU TAKE BASED ON THE INFORMATION PROVIDED BY THE APP.

VII. END USER LICENSE AGREEMENT AND INTELLECTUAL PROPERTY

By using the App, you undertake to respect our intellectual rights (intellectual rights related to the App's source code, graphic design, user interface, look and feel, content material, copyright, and trademarks, hereinafter referred to as the “Intellectual Property Rights”) as well as those owned by third parties.

As long as you keep using the App, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, and revocable right to access and use the App pursuant to this Agreement (the “License”).

The source code, design, and content, including information, photographs, illustrations, artwork, and other graphic materials, sounds, music, or video (the “Works”) as well as names, logos, and trademarks (“Means of individualization”) within the App are protected by copyright laws and other relevant laws and/or international treaties, and belong to us and/or our partners and/or contractors, as the case may be. These may not be copied, reproduced, retransmitted, distributed, sold, published, or broadcasted unless expressly permitted by us.

All right, title, and interest in and to the App and its content, the Works, and Means of individualization are the exclusive property of Fria LLC and/or our partners and/or contractors.

We will not hesitate to take legal action against any unauthorized use of our trademarks, names, or symbols to protect and restore our rights. All rights not expressly granted herein are reserved.

USER CONTENT

The App allows you to submit images and other data (the “Input Content”) and generates nutritional analysis based on it (the “Output Content”). For the purposes of this section, the term “User Content” explicitly includes both Input and Output Content. WE DO NOT CLAIM ANY OWNERSHIP RIGHTS OVER YOUR USER CONTENT. YOU RETAIN ALL RIGHTS TO YOUR USER CONTENT AND MAY USE IT AS YOU SEE FIT.

You assume and bear all the risks related to your use of User Content. It is your sole responsibility to ensure that your Input Content does not infringe any third party’s rights, including copyright and the right to privacy.

THIRD PARTIES’ MATERIALS AND TECHNOLOGIES

The App may integrate or utilize third-party services, APIs, and technologies, including but not limited to AI image recognition services and nutritional databases, to provide its features. By using the App, you acknowledge that you may be subject to the terms and policies of these third-party providers. Your continued use of the App constitutes acceptance and compliance with any applicable third-party terms.

VIII. PROHIBITED BEHAVIOR

You agree not to use the App in any way that:

  • is unlawful, illegal, or unauthorized;
  • is defamatory, obscene, or offensive;
  • infringes any copyright, database right, or trademark of any other person;
  • advocates, promotes, or assists any unlawful act.

You shall not modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the App. You shall not transfer, lend, rent, lease, or distribute the App. Misuse of any trademarks or any other content displayed on the App is prohibited.

We are not responsible for the way you use the App.

IX. AVAILABILITY OF THE APP, SECURITY AND ACCURACY

In order to use the App, you are required to have a compatible mobile device and Internet access. We do not warrant that the App will be compatible with all hardware and software which you may use. We make no warranty that your access to the App will be uninterrupted, timely, or error-free.

You acknowledge that the App is provided via the Internet, therefore its quality and availability may be affected by factors beyond our reasonable control. We may update or modify the App without notifying you and may suspend access to the App at our discretion.

You warrant that any information that you submit to us is true, accurate, and complete.

X. CHARGES

Access to some services and/or additional features within NutriAI (“Premium options”) requires paid subscriptions. The list of Premium options is provided within the App. Payments are typically handled through the app store from which you downloaded the App (e.g., Apple App Store or Google Play Store) and are subject to their respective terms.

XI. THIRD PARTY WEBSITES AND RESOURCES

The App may link you to other sites or services. We have no control over and accept no responsibility for the content of any third-party website or application to which a link from the App exists. Such linked third-party sites are provided “as is” for your convenience only. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

XII. DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THE APP SHALL BE AT YOUR SOLE RISK. THE APP AND ALL THE MATERIALS, INFORMATION, AND CONTENT INTEGRATED WITHIN IT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS, OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THE APP WILL BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

XIII. LIMITATION OF LIABILITY. INDEMNIFICATION

IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE APP AND SERVICES PROVIDED BY IT. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES. WE SHALL NOT BE LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES, AND/OR INFORMATION OFFERED BY ANY THIRD PARTIES AND ACCESSED THROUGH THE APP.

You agree to hold harmless and indemnify us, our successors, assigns, licensees, partners, affiliates, officers, directors, and employees from and against any and all claims, liabilities, losses, and damages arising out of your use of the App, any use of User Content, or your failure to comply with the terms of this Agreement.

XIV. LEGAL COMPLIANCE

You must represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

XV. GOVERNING LAW AND CLAIMS

This Agreement shall be governed by and interpreted in accordance with the laws of England and Wales. All disputes and claims arising out of or related to this Agreement shall be exclusively decided by the courts of competent jurisdiction of England and Wales.

Class Action Waiver: WHILE RESOLVING ANY DISPUTE WITH US, YOU EXPRESSLY AGREE TO WAIVE THE RIGHT TO PURSUE AND/OR PARTICIPATE IN ANY TYPE OF CLASS ACTION LAWSUITS.

If a dispute arises, you and we agree to send a written notice to each other providing a reasonable description of the dispute. For sixty (60) days from the date of receipt of the notice, we will engage in a dialogue to attempt to resolve the dispute.

XVI. TERMINATION

We reserve the right to terminate this Agreement at any time at our sole discretion. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; and (b) you must cease all use of the App.

XVII. SEVERABILITY

If at any time any provision of this Agreement is or becomes illegal, invalid, or unenforceable, that provision shall be more narrowly construed so that it becomes legal, valid, and enforceable or, if this is not possible, deleted. The other terms of this Agreement shall continue to apply with full force and effect. You shall not assign or transfer the contract between you and us to any other person.

XVIII. CONTACT INFORMATION

If you have any questions about this Agreement or the App, please contact us via email: support@nutriai.site.

XIX. AI-GENERATED CONTENT

The App employs AI-based models to process, analyze, and generate content (“AI-Generated Content”), specifically the nutritional information derived from your food images. You acknowledge and agree that:

  1. No Guarantee of Accuracy or Reliability. AI-Generated Content is produced automatically and is an estimate. We do not guarantee its accuracy, completeness, reliability, or suitability for any particular purpose. Any reliance you place on AI-Generated Content is strictly at your own risk.
  2. User Responsibility. You are solely responsible for verifying and ensuring the appropriateness of any AI-Generated Content before using or acting upon it. This is especially critical if you have allergies, dietary restrictions, or medical conditions.
  3. No Professional Advice. The AI-Generated Content should not be construed as professional medical or nutritional advice. It is provided “as is” and for informational purposes only.
  4. Disclaimer of Liability. To the maximum extent permitted by law, we disclaim any liability arising from or related to the creation or use of AI-Generated Content.

Fria LLC