This Nutripair, Inc. (“Nutripair”) Terms of Service (“Terms”) is a binding contract between you and Nutripair, and its affiliates ((hereafter referred to as the “Site,” “App,” “Company,” “APIs,” “us,” “we,” and “our”)) governing your use of the Nutripair website, www.nutripair.co/, (the “Site”), any application programming interfaces made available by us (“APIs”), and any mobile application referencing these Terms (the “App”), along with any related websites, networks, or other services provided by us (Websites, APIs, and Apps are, collectively, the “Service”).
Please carefully and completely review our Terms of Service. By using the Site and/or the Mobile App, you explicitly agree to be bound by the provisions of the Terms. If you do not agree with any of the Terms’ provisions, please discontinue using the Site and the App.
By Installing Any Of The Apps, APIs, Or Otherwise Accessing Or Using The Service, You Acknowledge That You Have Read, Understood, And Agree To Be Bound By These Terms. If You Are Using The Service On Behalf Of A Company, Entity, Or Organization, Then You Represent And Warrant That You: (A) Are An Authorized Representative Of That Entity With The Authority To Bind That Entity To These Terms; And (B) Agree To Be Bound By These Terms On Behalf Of That Entity. If You Do Not Agree, Then You May Not Use The Service.
  • Summary of Material Terms. As provided in greater detail in these Terms (and without limiting the express language of these Terms), you acknowledge the following:
    - The APIs and Apps that you acquire rights to is licensed, not sold to you, and that you may use the APIs and Apps only as set forth in these Terms;
    - The use of the Service may be subject to separate third party terms of service and fees, including, without limitation, your mobile network operator’s(the “Carrier”) terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
    - you consent to the collection, use, and disclosure of your personally identifiable information in accordance with the Privacy Policy;the Service is provided “as is” without warranties of any kind, and Nutripair’s liability to you is limited;
    - the Service may require access to the following services on your mobile devices: GPS for location data; user notifications for push notifications, alerts, and icon badging.
    - if you are using the App on an iOS-based device, then you agree to and acknowledge the “Notice Regarding Apple,” in Section 7.
  • Service Overview. Nutripair provides a platform for people to reach their desired health, fitness, and performance goals by making eating easy and safe. This Site and App are not intended to supplant a licensed physician’s care nor is any content or service being offered for medical advice purposes.
    - License Grant to You. The Service is licensed, not sold, to you by Nutripair for use only under the terms of these Terms, and Nutripair reserves all rights not expressly granted to you. The contents of the Service include: designs, text, graphics, images, emoji and avatar-related images and all combinations of emoji and avatar-related images, video, information, logos, button icons, software, audio files, computer code, and other Nutripair content regardless of form (i.e., whether video, paper, electronic or otherwise), whether tangible or intangible, or whether existing now or in the future, and provided by Nutripair or its licensors on the Service (collectively, “Nutripair Content”). All Nutripair Content and the compilation (meaning the collection, arrangement, and assembly) of all Nutripair Content are the property of Nutripair or its licensors and are protected under copyright, trademark, and other laws. Subject to your complete and ongoing compliance with the terms and conditions of these Terms, Nutripair hereby grants you a limited, revocable, non-transferable, non-exclusive license to: (i) install and use the Apps for personal use on compatible, authorized devices that you own or control, subject to any limits specified when you acquire the Apps from us; (ii) access and use the APIs, and send and receive calls from the APIs, in the manner described by any accompanying documentation; and (iii) access and use the Website and Nutripair Content; in each case solely for your own use or for the entity on whose behalf you are authorized to act. This license is non-transferable and revocable at any time without notice and with or without cause. Nutripair Content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing that content. Unauthorized use of the Company Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited.
    - Nutripair Marks. “Nutripair,” the Nutripair logo, and other Nutripair logos and product and service names are or may be trademarks of Nutripair (the “Nutripair Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use the Nutripair Marks in any manner. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Nutripair Content on any copy you make of the Nutripair Content. Nutripair retains all right, title and interest in and to all Nutripair Content.
    - For Educational and Informational Purposes Only. The Service provides information, not medical, legal, or psychological advice, diagnoses, or treatment. The Service may provide helpful health-related information, but it is not intended to substitute for professional advice, diagnoses, or treatment, or your judgment. You acknowledge that all of the information and content on the Service is provided “as is” for educational and informational purposes only. You assume full risk and responsibility for the use of or reliance on information you obtain from or through the Service.
    - Nutripair Is Not Required to Comply with HIPAA. Nutripair is NOT providing you with “covered health services” as such term is defined in the Health Insurance Portability and Accountability Act (“HIPAA”). Any information that you provide to us through the Service will NOT be deemed in any way “protected health information,” and as such, Nutripair shall NOT be obligated to handle that information in the manner required by HIPAA. You acknowledge and agree that you will not assert against Nutripair any claims arising under HIPAA. You may read our Privacy Policy to understand how we collect, use, disclose, and protect information you post to the Service.
    - No Patient or Client Relationship. Your use of the Service does not create a patient or client relationship with Nutripair. You should consult with qualified health professionals who are familiar with your individual medical needs concerning your specific medical issues. Never disregard professional advice or delay in seeking it because of information you read on the Service.
    - Medical Emergency. If you think you may have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any provider of health care or health-related products, tests, opinions, procedures, items, or services.
    - Applicability to Updates. These Terms will govern any updates provided to you by Nutripair that replace or supplement the App, unless the upgrade is accompanied by a separate license or revised Terms, in which case the terms of that license or revised Terms will govern.
    - Transfer. You may not rent, lease, lend, or sublicense the Service. All components of an App are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications. If an App update completely replaces (full install) a previously licensed version of the App, you may not use both versions of the App at the same time nor may you transfer them separately.
  • Eligibility. You must be at least 18 years of age to register for an account on the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) your registration and your use of the Service is in compliance with all applicable laws and regulations; and (c) any family members that you authorize to use your account are at least 18 years of age. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
  • Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your email address, username, password, city, health conditions, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at nutripair.co@gmail.com
  • Termination of Use; Discontinuation and Modification of the Service. You may terminate your account at any time by contacting customer service at nutripair.co@gmail.com. If you violate any provision of these Terms, your permission, from us, to use the Service will terminate automatically. In addition, Nutripair may, in its sole discretion, terminate your user account or suspend or terminate your access, to the Service, at any time, with or without notice. We also reserve the right to immediately change, suspend, remove, or discontinue, any part of the Site, the App, or any content for any reason, without prior notice or liability.
  • Privacy Policy; Additional Terms
    - Consent to Use of Device Data You agree that Nutripair may collect and use technical and related information, including but not limited to technical information about your device (including device UUID), computer, your physical location, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Apps. Nutripair may use this information, as long as it is in a form that does not personally identify you, for analytics purposes (including aggregated and anonymized analytics), to improve our products, or to provide services or technologies to you.
    - Use of Location-Based Data. The Service may include certain features or services that rely upon device-based location information, which use GPS and other location identification systems. To provide those features or services, where available, Nutripair may collect, use, transmit, process and maintain your location data, including but not limited to the geographic location of your device and information related to your account and any devices registered thereunder, as further described in the Privacy Policy. You hereby agree and consent to Nutripair’s collection, use, transmission, processing, and maintenance of that location and account data to provide and improve those features or services.
    - Privacy Policy. Please read the Nutripair Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The Nutripair Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
    - Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”), such as end-user license agreements for any downloadable software applications, or rules that may be applicable to a particular feature or content on the Service. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
  • Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order to continue to use the Service. Material modifications are effective within fourteen (14) days of their posting on our website. Immaterial modifications and clarifications will take effect immediately upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
  • Ownership; Proprietary Rights. The Service is owned and operated by Nutripair. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Nutripair are protected by intellectual property and other laws. All Materials included in the Service are the property of Nutripair or our third-party licensors. Except as expressly authorized by Nutripair, you may not make use of the Materials. Nutripair reserves all rights to the Materials not granted expressly in these Terms.
  • Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback.”), then you hereby grant Nutripair an unrestricted, perpetual, irrevocable, non-exclusive, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
  • Indemnity. You are responsible for your use of the Service, and you will defend and indemnify Nutripair and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Nutripair Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.