⚠️ DRAFT — pending qualified legal review before publication.
This document must be reviewed by qualified legal counsel before it is made available to users. It is not legally final and must not be published to users in this form.
Effective date: Not yet in force
Version: 1.1-draft
Last updated: 2026-07-06
1. Introduction and acceptance
These Terms of Service (“Terms”) form a legally binding agreement between you (“you”, “user”) and Nutians, a service currently developed and operated by an individual developer based in Porto, Portugal (final legal name, business registration, VAT status, and full postal address to be completed before public launch — “Nutians”, “we”, “us”) governing your access to and use of the Nutians nutrition and wellness tracking platform (“Service”), including the mobile application, web application, API, and any related applications.
By creating an account or using the Service, you confirm that you have read, understood, and agree to these Terms. If you do not agree, do not create an account or use the Service.
These Terms are read together with our Privacy Policy, which is incorporated by reference.
Until the operator details above are finalised, these Terms are a launch-readiness draft and should not be used as the final legally binding version for paid subscriptions.
2. Eligibility
You must be at least 18 years old to use the Service. By creating an account you attest that you meet this requirement. We do not knowingly provide the Service to persons under 18.
3. Account
3.1 Registration. You must provide accurate, current, and complete information when creating your account. You are responsible for keeping your credentials secure and for all activity that occurs under your account.
3.2 Personal use. Accounts are for individual personal use. You may not share your account or credentials with another person.
3.3 Security. Notify us immediately at [email protected] if you suspect unauthorised access to your account. We are not liable for losses caused by unauthorised use of your account where you failed to keep your credentials secure or failed to notify us promptly.
3.4 Account deletion by you. You may delete your account at any time via You → Privacy & data → Delete account. Deletion is processed using a two-step confirmation flow (as described in our Privacy Policy) and your personal data is fully purged within 30 days.
4. Nature of the Service
4.1 What the Service does. Nutians is a nutrition and wellness tracking platform. It uses artificial intelligence to extract structured nutrition data from your free-text food logs, compute macro totals, generate personalised insights, and provide a conversational assistant. With your permission, the Service can also read daily activity data from Apple Health or Health Connect; imported activity is shown as context only.
4.2 Wellness guidance only — not medical advice.
Nutians provides general nutrition and wellness guidance. It is not a medical device. It does not provide medical advice, diagnosis, or treatment, and is not a substitute for professional healthcare advice. Consult a qualified healthcare provider for medical concerns, for dietary interventions related to health conditions, or if you have or suspect an eating disorder.
This disclaimer is a core term of using the Service. If you are in a medical situation that requires professional dietary advice, please seek it from a qualified clinician, not from this platform.
4.3 AI output limitations. AI-generated content — including macro estimates, nutritional summaries, target suggestions, and chat responses — may contain errors or be based on incomplete information. All AI-generated numbers and suggestions are estimates and should be verified against primary sources where accuracy matters. Do not use AI outputs as the sole basis for medical, clinical, or significant dietary decisions.
4.4 AI proposals require your explicit confirmation. The Service is deliberately architected so that AI suggestions — including target adjustments and log entries proposed by the chat assistant — are never automatically applied to your data. You must explicitly confirm any AI-proposed action. This is a core safety design choice.
4.5 Service availability. We aim for high availability but do not guarantee uninterrupted access. The Service may be unavailable for maintenance, updates, or circumstances beyond our control.
5. Acceptable use
You agree not to:
- Violate any applicable law or regulation.
- Submit false, misleading, or fraudulent information to the Service.
- Use the Service to harm, harass, or threaten any person.
- Attempt to gain unauthorised access to the Service, its infrastructure, or another user’s account.
- Reverse-engineer, decompile, or disassemble any part of the Service.
- Use automated scripts, bots, or scrapers to access the Service at a rate or scale that degrades service for others, without our prior written permission.
- Submit content designed to manipulate the AI (e.g. prompt-injection attacks).
- Use the Service to generate or disseminate medical diagnoses, clinical prescriptions, or health claims.
- Attempt to circumvent the free-tier usage limits or the quota enforcement mechanism.
- Resell, sublicense, or commercially exploit the Service or any of its outputs without our prior written permission.
Serious or repeated violations may result in immediate account suspension or termination.
6. Your content
6.1 Ownership. You retain ownership of the content you submit to the Service, including your food logs, profile information, and any other data you provide.
6.2 Licence to operate the Service. By submitting content, you grant Nutians a limited, worldwide, royalty-free licence to store, process, and use your content for the sole purpose of providing and improving the Service for you. This licence does not include using your content to train AI models (see Privacy Policy §AI processing).
6.3 Accuracy. You are responsible for the accuracy of the information you submit. Inaccurate data will produce inaccurate nutrition tracking and insights.
6.4 No prohibited content. Do not submit content that is unlawful, defamatory, or that infringes any third-party intellectual property rights.
6.5 Sharing with a coach or partner. You may invite a coach or partner, by email, to a read-only weekly view of your data (weekly summary, weight trend, adherence calendar, and target history — never your chat content or raw food logs). You choose whom to invite and are responsible for that choice; you can revoke a sharing link at any time in the app. Invitees must hold a Nutians account and use the shared view only for supporting you, not for any other purpose.
7. AI-generated content
7.1 No warranty. AI-generated content (macro estimates, summaries, target suggestions, chat responses) is provided as-is, without any warranty of accuracy, completeness, fitness for purpose, or reliability. Macro estimates are computed from public food databases and may differ from labelled values.
7.2 No medical claims. Nutians makes no claim that AI-generated content constitutes medical advice, dietary therapy, or clinical guidance. The AI assistant is a wellness tool, not a clinician or dietitian.
7.3 Citations and the ledger. Where AI-generated narratives cite specific numbers (e.g. “you averaged 2,100 kcal last week”), those numbers are drawn from your own logged data in the ledger. The ledger — not the AI narrative — is the authoritative record of your nutrition data.
7.4 You remain in control. You can edit or delete any entry, target, or override at any time. No AI output changes your data without your explicit confirmation.
8. Billing and subscriptions
8.1 Free tier. A free tier is available with limited features, including usage limits on AI features (for example, an assistant-message allowance that replenishes over time and daily limits on photo analyses). The current limits are shown in the app. Free-tier features and limits may change with reasonable advance notice.
8.2 Premium subscriptions. Premium subscriptions unlock additional features. Pricing and feature details are displayed in the app before purchase.
8.3 Payment processing. On mobile, purchases are processed by the Apple App Store or Google Play and are subject to their terms. On the web, payments are processed by Stripe via RevenueCat Web Billing. Nutians does not receive or store your full payment card details.
8.4 Automatic renewal. Subscriptions renew automatically at the end of each billing period unless cancelled. The subscription term, renewal interval, price, taxes, and any material limits are shown before purchase.
8.5 Cancellation. You may cancel your subscription at any time through your App Store / Google Play subscription settings, or via the billing portal on the web. Cancellation takes effect at the end of the current billing period. You retain access to premium features until the period ends.
8.6 EU withdrawal right. If you are an EU consumer, you may have a 14-day statutory right to withdraw from a distance contract. For digital services that start during that period, you may be asked to consent to immediate performance and acknowledge that the withdrawal right can be affected once paid digital service delivery begins. Store purchases are handled through Apple or Google and are also subject to the store’s consumer-cancellation flow.
8.7 Refunds. Refunds are provided at our discretion or as required by applicable law, including mandatory EU consumer rights for digital services. Store purchases are also subject to the store’s refund policy. Contact [email protected] with web-billing requests.
8.8 Legal guarantee for digital services. EU consumers have mandatory legal guarantee rights if a paid digital service is not supplied, does not work as described, or lacks required updates during the relevant supply period. Nothing in these Terms limits those mandatory rights.
8.9 Price changes. We will give at least 30 days’ notice before changing subscription prices. If you do not cancel before the new price takes effect, you accept the new price. If applicable law or an app-store rule requires a different process, that process applies.
8.10 Free trial. We may offer a 14-day free trial of premium features. Starting the trial requires a verified phone number, and each person (verified phone number) may redeem the trial once, including across deleted and re-created accounts. To enforce this, we retain a non-reversible keyed hash of the verified phone number after the trial is redeemed, as described in our Privacy Policy. Whether and how a trial converts into a paid subscription, and the exact terms, are shown at the point you start it. Attempting to circumvent the one-trial rule is a violation of Section 5.
8.11 Referral programme. We may offer referral rewards (for example, additional assistant-message credits) when a person you invite creates an account using your referral code. Rewards have no cash value, are not transferable, and may be adjusted or discontinued with reasonable notice. We may withhold or reverse rewards obtained through self-referral, fake accounts, or other abuse. To prevent abuse, anonymised referral-attribution records are retained as described in our Privacy Policy.
9. Intellectual property
The Service — including its software, design, trademarks, and content (excluding your content) — is owned by Nutians or its licensors and is protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Service for personal, non-commercial purposes in accordance with these Terms.
You may not copy, modify, distribute, or create derivative works from any part of the Service without our prior written permission.
10. Suspension and termination
10.1 Termination by Nutians. We may suspend or terminate your account if you violate these Terms, if your account is involved in fraud or abuse, or as required by law. We will provide reasonable notice where practicable, except in cases of serious, repeated, or urgent violations.
10.2 Effect of termination. On termination, your access to the Service ends immediately. Your personal data will be handled in accordance with our Privacy Policy and Retention Policy.
10.3 Termination by you. See Section 3.4.
10.4 Survival. Sections 6.2, 7, 9, 11, 12, and 13 survive termination of these Terms.
11. Disclaimers and limitation of liability
11.1 As-is. To the fullest extent permitted by applicable law, the Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.
11.2 Liability cap. To the fullest extent permitted by applicable law, Nutians’s total aggregate liability to you for all claims arising from or related to your use of the Service shall not exceed the greater of: (a) the total fees you paid to Nutians in the 12 months before the claim arose, or (b) €100.
11.3 Exclusion of indirect losses. To the fullest extent permitted by applicable law, Nutians is not liable for indirect, incidental, special, consequential, or punitive damages, including lost data, lost revenue, or adverse health outcomes resulting from reliance on AI-generated content.
11.4 Consumer rights. Nothing in these Terms limits or excludes any statutory rights you have as a consumer under EU or national consumer protection law that cannot be waived or modified by contract. In particular, EU consumers retain rights under the Consumer Rights Directive and any applicable national implementation.
11.5 Not a medical device. Nutians is not a medical device under EU MDR 2017/745 and does not claim to be. Any use of the Service for clinical or therapeutic purposes is outside the intended scope and is at your sole risk.
12. Indemnification
You agree to indemnify and hold harmless Nutians and its officers, employees, contractors, and agents from any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable legal fees) arising from: (a) your breach of these Terms; (b) your content; or (c) your use of the Service in a manner that violates applicable law.
13. Governing law and dispute resolution
13.1 Governing law. These Terms are governed by the laws of Portugal, subject to confirmation at legal review based on the final operating status.
13.2 Consumer rights preserved. For EU consumers, the mandatory consumer protection laws of your country of habitual residence apply regardless of the governing law specified in Section 13.1.
13.3 Informal resolution first. We encourage you to contact [email protected] before initiating formal proceedings. We will work in good faith to resolve disputes within 30 days.
13.4 Court proceedings. If informal resolution fails, disputes may be brought in the courts of competent jurisdiction under the governing law above.
13.5 Consumer dispute resolution. You may also use any mandatory consumer dispute-resolution process available under Portuguese or EU consumer law. We do not currently commit to a voluntary alternative dispute-resolution body unless required by applicable law.
14. Changes to these Terms
We will give at least 30 days’ advance notice before making material changes to these Terms, via email and in-app notification. The effective date above will be updated. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not accept the changes, you may delete your account before the effective date.
15. Miscellaneous
15.1 Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Nutians regarding your use of the Service and supersede all prior agreements on this subject.
15.2 Severability. If any provision of these Terms is found invalid or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions remain in full force.
15.3 No waiver. Our failure to enforce any provision of these Terms on any occasion does not constitute a waiver of our right to enforce that provision in the future.
15.4 Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations in connection with a merger, acquisition, corporate reorganisation, or sale of assets, provided we give you reasonable notice and your rights under these Terms are preserved.
15.5 Force majeure. We are not liable for delays or failures in performance caused by circumstances beyond our reasonable control, including natural disasters, internet outages, or third-party infrastructure failures.
Contact
General support: [email protected]
Data protection / privacy: [email protected]
Billing: [email protected]
Postal: Nutians, Porto, Portugal (full legal name, registration number, VAT details, and complete postal address to be finalised before launch where applicable)
These Terms are a review-ready draft. They have not been reviewed by qualified legal counsel and are not legally final. They must be reviewed and approved by counsel before being published to users.