Welcome to Nutribalance! These Terms and Conditions ("Terms") govern your access to and use of the services provided by Nutribalance, Inc. ("we" or "us") through Nutribalance's website and mobile applications (collectively referred to as the "Service"). Please review these Terms carefully, and don't hesitate to reach out to us if you have any questions. By accessing or using Nutribalance, you are agreeing to abide by these Terms, our Privacy Policy, our Cookies Policy, our Community Guidelines, and any additional terms specific to the Service offerings you utilize (together referred to as the "Agreement").
**AUTOMATIC SUBSCRIPTION RENEWAL:** Section 7 below outlines the terms governing any subscription you choose to purchase. IF YOU SUBSCRIBE TO OUR SERVICE, PLEASE NOTE THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD AT THE THEN-CURRENT FEE UNLESS YOU ELECT TO CANCEL YOUR SUBSCRIPTION OR THE AGREEMENT IS TERMINATED. Additionally, certain jurisdictions may provide a "cooling off period."
**DISPUTE RESOLUTION:** SECTION 13 (DISPUTE RESOLUTION) DETAILS THE PROCEDURES FOR RESOLVING DISPUTES BETWEEN YOU AND US. YOU AGREE THAT (1) ANY DISPUTES OR CLAIMS WILL BE RESOLVED INDIVIDUALLY, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR REPRESENTATIVE ACTIONS; AND (2) YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PURSUE DISPUTES IN A COURT OF LAW. PLEASE BE AWARE THAT ARBITRATION INVOLVES LIMITED DISCOVERY AND APPELLATE REVIEW COMPARED TO COURT PROCEEDINGS.
We recommend printing a copy of the Terms or saving them to your device for future reference. We reserve the right to determine the manner in which we provide notifications to you, including delivering legal notices electronically. Should we make revisions to this Agreement, the most current version will always be available on our website. If we deem a revision to be material, we'll notify you and may require your consent before you can continue using the Service. By continuing to access or use Nutribalance after such revisions take effect, you are agreeing to be bound by the updated Agreement. If you disagree with the revised terms, please discontinue using Nutribalance and follow the cancellation procedure outlined in Section 7 below.
Nutribalance is dedicated to assisting individuals in achieving healthier lifestyles through informed nutrition choices and behavior modification. Our platform is designed to facilitate food logging, meal planning, and the balancing of essential nutrients. To access the full range of features provided by Nutribalance, users are required to register for an account and maintain an active subscription.
To utilize the Nutribalance Services, users must be at least 18 years old. Individuals under the age of 18 are prohibited from using the Services or providing any Personal Data. Additionally, Nutribalance should not be used by individuals who are pregnant, have eating disorders, or are categorized as underweight according to BMI standards set by authoritative bodies.
Upon registration for Nutribalance, users are responsible for providing accurate and complete information as prompted during the account creation process. It is imperative to keep this information up to date to ensure smooth operation of the Services. Users are required to maintain the confidentiality of their account credentials and promptly report any suspected unauthorized access or security breaches to our Support Team.
Nutribalance continually evolves to enhance user experience and effectiveness. We reserve the right to make updates, modifications, or enhancements to the Services, including the introduction of new features or discontinuation of existing ones. Users are encouraged to install updates to ensure optimal functionality of the platform.
We retain the right to refuse service to any individual and may monitor, suspend, or terminate accounts or access to the Services at our discretion. Reasons for such actions may include violations of the Nutribalance Terms of Service, posing a risk to the platform or its users, compliance with legal obligations, or technical issues.
While Nutribalance employs stringent security measures to safeguard user data and accounts, we cannot guarantee absolute protection against unauthorized access. Users are urged to report any suspected security breaches promptly to our Support Team for investigation and resolution.
By accessing and using Nutribalance, you agree to abide by these Terms of Service and any updates or modifications thereof.
Content: Within Nutribalance, "Content" encompasses any information, data, or creative expression displayed within the Nutribalance WebApp, including video, audio, photographs, images, text, user interactions, exercises, nutritional information, recipes, designs, trademarks, and associated intellectual property.
User-Generated Content: "User-Generated Content" refers to any content created or submitted by Nutribalance users, such as written text, uploaded images, or other files, whether shared within the Nutribalance community or privately.
Nutribalance Content: All other content within the Nutribalance platform, excluding User-Generated Content, falls under the category of "Nutribalance Content."
Users retain ownership of the User-Generated Content they create and submit within the Nutribalance platform. Nutribalance holds ownership of the Nutribalance Content, including associated intellectual property rights. Users grant Nutribalance a license to use their User-Generated Content as outlined in Section 2.3 below.
Nutribalance and its partners or applicable third parties maintain ownership of all Nutribalance Content, including copyrights, trademarks, design rights, and patents. Users agree not to reproduce, distribute, modify, or create derivative works from Nutribalance Content without explicit written permission from Nutribalance.
When users post Content within the Nutribalance platform, they retain ownership of it. However, by providing User-Generated Content to Nutribalance, users grant Nutribalance and its users a non-exclusive, irrevocable, royalty-free, transferable license to use, reproduce, distribute, modify, adapt, and exploit such User-Generated Content in connection with the Nutribalance platform and services. Nutribalance reserves the right to edit or remove User-Generated Content at any time for any reason.
Users acknowledge that Nutribalance may use their User-Generated Content without providing credit, at Nutribalance's sole discretion. Users are not entitled to compensation for the use of their User-Generated Content. This license allows Nutribalance to operate, improve, and develop its services while respecting users' privacy rights as outlined in the Privacy Policy.
Except for User-Generated Content, Nutribalance retains all rights, title, and interest in the Nutribalance platform, including design, features, trademarks, and intellectual property. Users may not remove, alter, or obscure any copyright, trademark, or proprietary rights notices incorporated within the Nutribalance platform.
Users should be aware that once Content is made publicly available on the Internet, it may be difficult to remove all copies in the future. Upon termination of a user's account or removal of User-Generated Content from the Nutribalance platform, Nutribalance may retain such content for a commercially reasonable period for backup, archival, or legal compliance purposes. Additionally, Nutribalance and its users may continue to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute any User-Generated Content previously shared through the Nutribalance platform, even after the user stops using the services. Users should review Nutribalance's Privacy Policy for more information regarding the handling of their content.
At Nutribalance, we foster a supportive environment for individuals to achieve their nutritional goals. While our platform primarily focuses on personal tracking and program participation, interactions with other users and user-generated content may occur. We expect all users to adhere to the following guidelines:
Respectful Interaction: Treat others with courtesy and refrain from posting content that may be offensive, harassing, or derogatory towards any individual or group.
Appropriate Content: Avoid posting content that is defamatory, obscene, pornographic, hateful, or promotes violence.
Program Integrity: Use Nutribalance programs for their intended purpose and refrain from promoting unsafe weight-loss techniques or eating disorders.
Data Privacy: Respect the privacy of others and refrain from soliciting personal data or publicly posting private conversations.
Legal Compliance: Users must adhere to all applicable laws and regulations, including those related to intellectual property rights and privacy.
Reporting Concerns: If you encounter objectionable content or behavior, please report it to our Support Team for review and appropriate action.
By using Nutribalance, you agree to abide by these community conduct guidelines. We reserve the right to take necessary actions, including content removal and account termination, for violations of these guidelines.
For further assistance or inquiries, please contact our Support Team.
Thank you for contributing to a positive and supportive environment within the Nutribalance community.
Nutribalance respects intellectual property rights. If you believe any content within the app violates copyright or trademark laws, please contact us immediately. It is our policy to investigate such claims promptly.
In the event of an intellectual property infringement, Nutribalance reserves the right to terminate access to the service for any user found to be in violation. If you believe your intellectual property rights have been infringed upon, please provide the following information when notifying us:
Your contact information, including name, address, telephone number, and email address.
A description of the copyrighted work, trademark, or other intellectual property right being infringed.
The location within Nutribalance where the infringing material is located.
A statement confirming your belief that the disputed use is not authorized by the copyright, trademark, or other intellectual property right owner, its agent, or the law.
A statement, made under penalty of perjury, that the information provided is accurate and that you are the intellectual property right owner or authorized to act on their behalf.
Your cooperation ensures the protection of intellectual property rights within Nutribalance.
Nutribalance may integrate with or provide access to third-party services, including social media platforms, third-party applications, and devices. When using these services, you acknowledge that separate terms and privacy policies govern your interactions with them. Nutribalance bears no responsibility for the actions, privacy practices, or content of third-party services. Your use of third-party services is at your own risk, and Nutribalance disclaims any liability for any damages or losses arising from such use. Nutribalance does not guarantee the accuracy, availability, or reliability of information provided by third-party services.
While Nutribalance aims to provide access across various platforms, compatibility with all devices cannot be guaranteed. If you encounter any issues, please reach out to our Customer Support for assistance.
Accessing Nutribalance through your device may incur standard data and messaging charges from your wireless carrier. Additionally, certain features and content may require payment as outlined in our Premium Subscriptions section.
By accessing Nutribalance, you are granted a limited, personal license to use the web application for lawful purposes. This license is non-transferable and is solely for personal use.
If you access Nutribalance through a third-party platform, please note that our Terms of Service are solely between you and Nutribalance. Any issues regarding the application should be directed to Nutribalance, not the third-party provider. You are also required to adhere to all applicable third-party terms of service.
Thank you for choosing Nutribalance for your nutrition tracking needs. Our Subscription Services provide you access to enhanced features designed to optimize your dietary journey. By subscribing to our Premium Services, you agree to the following terms:
- Nutribalance offers Premium Services for a fee, granting access to advanced content, features, and functionalities tailored to your nutritional goals.
- Upon subscribing, you authorize us to collect fees via your designated Payment Method.
- Premium Services are billed on a monthly or annual basis, with fees payable in advance. Unless canceled, subscriptions auto-renew at the end of each billing period.
- All purchases of Premium Services are final and non-refundable, subject to our discretion and the rules governing each Premium Service.
- You may cancel your Premium Service at any time. Cancellation will take effect at the end of your current billing cycle.
- No refunds are provided upon termination or cancellation of your Premium Service.
- Nutribalance reserves the right to change prices for Premium Services with reasonable notice provided to users.
- Discount, coupon, or gift codes can be redeemed when subscribing to Premium Services. Terms and conditions apply, including expiration dates and usage restrictions.
By subscribing to Nutribalance's Premium Services, you embark on a journey toward better nutrition and overall wellness. We're thrilled to be a part of your health-conscious lifestyle.
At NutriBalance, we're dedicated to helping you achieve your nutritional and wellness goals safely and effectively. Our system provides information and suggestions based on the research of the National Academies of Science, Engineering, and Medicine (NASEM) through the Dietary Reference Intakes (DRIs), ensuring the utmost credibility in our nutrient balancing recommendations.
While our platform offers valuable insights and programs to support your journey, it's important to prioritize your safety. Before engaging in any fitness or wellness regimen-oriented activities or dietary changes suggested by NutriBalance, we strongly advise consulting with your healthcare provider. By using our services, you acknowledge and accept the inherent risks associated with such activities.
NutriBalance is not a substitute for professional medical advice or diagnosis. Our services are intended for informational purposes only. We do not provide medical services or render medical advice. It's crucial to consult with a qualified medical professional before making any significant changes to your diet, exercise routine, or wellness activities based on information provided by NutriBalance.
While we strive for accuracy, we cannot guarantee the completeness or reliability of all content provided through NutriBalance. User-generated content, including advice and nutritional information, should be verified independently. NutriBalance assumes no responsibility for any loss or damage resulting from reliance on such information.
Any success stories shared on NutriBalance should not be considered typical or accurate representations of individual results. We do not endorse or guarantee the effectiveness of any fitness activity or dietary recommendation shared on our platform.
While we aim to provide accurate data, our Activity Tracking Services may not always reflect precise measurements. Users should be aware of potential inaccuracies and use discretion when interpreting activity data.
By using NutriBalance, you agree to these terms and acknowledge that your participation in any programs or activities offered is at your own risk. We're here to support your journey to better health, but ultimately, your well-being is your responsibility.
We reserve the right to modify these Terms as Nutribalance evolves and improves. Any changes will be communicated through the Nutribalance platform, such as via email or notifications within the app. Modifications will not apply retroactively unless required by law. If we ask for your explicit agreement to modified Terms, they will become effective upon your agreement. Your continued use of Nutribalance constitutes acceptance of the modified Terms. If you do not agree with the modifications, you should discontinue use of the service.
Nutribalance provides its services and content on an "as is" and "as available" basis. We disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of our services or content. We do not warrant that our services will meet your requirements, operate without interruption, be virus-free, or error-free. Any advice provided by Nutribalance or its agents does not create any warranty. Users acknowledge that their use of Nutribalance is at their sole risk, and we disclaim any responsibility for the quality, performance, accuracy, and effort of the services provided.
We've crafted Nutribalance to be as reliable as possible, but like any complex system, it's not immune to glitches or errors. Here's what you need to know about our liability in case things don't go as planned.
To the fullest extent permitted by applicable law, Nutribalance, its affiliates, and partners shall not be liable for any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever, including but not limited to loss of profits, revenue, data, use, goodwill, or other intangible losses, arising from:
- Your access to or use of or inability to access or use Nutribalance.
- Any conduct or content of any third party on Nutribalance.
- Unauthorized access, use, or alteration of your transmissions or content.
To the fullest extent permitted by applicable law, our total liability for any claim arising under these Terms, including for any implied warranties, is limited to the greater of five hundred dollars (USD $500.00) or the amount you paid us to use Nutribalance in the past twelve months.
If any portion of this limitation of liability is found to be invalid, our liability is limited to the fullest extent permitted by law.
Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.
You acknowledge and agree that we offer Nutribalance and set its prices in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in these Terms. These provisions reflect a reasonable and fair allocation of risk between you and Nutribalance and form an essential basis of the bargain between you and us.
To the fullest extent permitted by applicable law, no claim or cause of action arising out of events occurring more than two (2) years prior to the filing of a demand for mediation, arbitration, or suit alleging a claim or cause of action may be asserted by you against Nutribalance.
While we strive to provide a seamless experience, your use of Nutribalance is subject to these limitations of liability. They are essential to ensuring we can continue to offer our services to you and others effectively.
By using Nutribalance, you agree to indemnify and hold us harmless from any and all claims, demands, damages, liabilities, losses, costs, and expenses, including reasonable legal fees, arising out of or in any way connected with:
1. Your use of Nutribalance, including but not limited to:
a. Logging foods and participating in programs.
b. Submitting any form of content, including written text, images, or uploaded files.
c. Interacting with other users or third parties through Nutribalance.
2. Any violation of these Terms of Service.
3. Any violation of the rights of another person or entity by you.
4. Any negligent or intentional behavior on your part, including but not limited to:
a. Inaccurate or misleading information provided by you.
b. Misuse of any user's Personal Data.
5. Your employment of Nutribalance to meet another user in person.
You understand and agree that this indemnification obligation will survive any termination of your account and any changes in our policies or services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under these Terms, and you agree to cooperate with our defense of these claims.
This agreement shall be governed by and construed in accordance with the laws of the State of Maryland, United States, excluding its conflicts of law provisions. For users residing outside the United States, please refer to the governing law clause of this agreement specific to your region.
Users Residing in the United States:
If you are a resident of the United States, these Terms shall be governed by and construed in accordance with the laws of the State of Maryland and controlling U.S. federal law as applicable, without regard to its conflict of law principles.
Users Residing in the European Union or Other Non-U.S. Locations:
If you are a resident of the European Union or any non-U.S. location, these Terms shall be governed by and construed in accordance with the laws of the State of Maryland, United States, without regard to its conflict of law principles.
By accessing or using Nutribalance, you agree to submit to the exclusive jurisdiction of the state and federal courts located in the State of Maryland for resolution of any disputes (except for disputes brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of the provisions of these Terms. You waive any objections to jurisdiction or venue in such courts based on inconvenience or any other grounds and any right to seek to transfer or change the venue of any such action to another court.
The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from these Terms. If you are a consumer in the European Economic Area (EEA), this provision does not affect any rights you may have under the law of the country where you reside or your access to courts in that country.
By using Nutribalance, you agree that any dispute arising out of or related to your use of the service ("Dispute") will be resolved by binding arbitration. Disputes will be resolved by a neutral arbitrator pursuant to the Federal Arbitration Act. The arbitration will be conducted by telephone, online, or based on written submissions, and may require personal appearance only if mutually agreed upon in writing. The arbitration will be conducted in English and governed by the Consumer Arbitration Rules of the American Arbitration Association. The arbitrator will decide all issues relating to the enforceability, interpretation, scope, and application of this Arbitration Agreement and these Terms.
You and Nutribalance agree that any Dispute will be conducted on an individual basis and not in a class, consolidated, or representative action. You waive the right to have a trial by jury and to participate in any class action or representative capacity in any lawsuit involving any such Dispute. However, the parties retain the right to participate in a class-wide settlement.
If the arbitration provision is found null and void, disputes will be subject to the jurisdiction of the state and federal courts located in [Location]. You and Nutribalance agree that in such cases: (1) there is no right to a jury trial; (2) the Dispute will proceed solely on an individual basis; and (3) neither party may be a class representative or member. This agreement to arbitrate does not preclude seeking provisional remedies in aid of arbitration or seeking relief in any state or federal court for disputes related to intellectual property rights.
You acknowledge and agree that your use of the Nutribalance Services does not create any joint venture, partnership, employment, or agency relationship between you and Nutribalance.
These Terms constitute the entire agreement between you and Nutribalance regarding your use of the Services, superseding any prior agreements or understandings between you and Nutribalance.
Our failure to enforce any provision of these Terms shall not be construed as a waiver of such provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
You may not assign, delegate, or otherwise transfer your account or obligations under these Terms without Nutribalance's prior written consent. Nutribalance reserves the right to transfer or assign all or any part of its rights under these Terms without restriction.
Any notice from Nutribalance to you may be provided via email, regular mail, or notices or links displayed within the Services. Such notice shall be considered received forty-eight hours after it is sent via email or regular mail. Nutribalance shall not be responsible for your failure to receive notice if it is quarantined by your email security system or if you fail to update your contact information.
You acknowledge and agree that these Terms, and any related documents, have been drawn up in English. Any translation provided is for convenience only, and the English version shall prevail in the event of any conflict.
Nutribalance shall not be liable for any delay or failure to perform its obligations under these Terms resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, acts of terrorism, or governmental actions.
You agree that you will not use the Nutribalance Services in violation of any export control or sanctions laws and regulations, including but not limited to those of the United States. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or listed on any U.S. Government list of prohibited or restricted parties.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely matches the intent of the original provision.
If you have any feedback, questions, or comments about Nutribalance, please contact our Support Team and include the text “Attn: Nutribalance Terms and Conditions of Use”. Please ensure to include your full name, email address, postal address, and any relevant message in your correspondence.