Terms and Conditions of Use
These terms and conditions of use (hereinafter referred to as “the Terms and Conditions of Use”) govern the User’s use of the Nutrify App and Nutrify Web (hereinafter referred to as “the Service” or “Nutrify”), it is about an application that, with the help of a coach that the application proposes, allows you to account for food intake in order to improve your fitness.
Using the Service makes the person who does so a user of it (hereinafter referred to as “the User”) and implies full acceptance of these Terms and Conditions of Use. In the event of not agreeing with all or part of these Terms and Conditions of Use, the User must refrain from installing and using the Service.
By accepting these Terms and Conditions of Use, the User states that:
- He/she has read and understood what is set forth herein.
- He/she undertakes all of the obligations set forth herein.
- He/she has sufficient legal capacity to use the Service.
The provider of the Service reserves the right, at any time and with no need for prior notice, to make any modification or update to it.
1. Provider of the Service
The provider and owner of the Service is KEE DIGITAL S.L. (hereinafter referred to as “Nutrify”) with registered office in Barcelona at Rec Comptal Street, 13 1-1º, (C.P. 08003), holding tax identification number B66291667
2. About the Service
Nutrify provides its users with virtual, nutritional, fitness and emotional coaching services for a recreational purpose.
To use our services, the User must follow some rules. The Service is only available for a private use and is not intended for commercial use. Do not misuse the Service, so that either Nutrify or anyone else is harmed in any way. The User may only use the Service as permitted by law and the Terms and Conditions of Use stated on this page.
3. Accessing the application
In order to access to Nutrify the User can download it at the Apple Store for free, except with regard to the cost of the telecommunications service supplied by the User’s provider. Nutrify may contain links, directories and search engines that enable the User to access other websites and portals (“Linked Sites”). In such cases, Nutrify shall only be responsible for the content and/or services provided in the Linked Sites when it has effective knowledge of any unlawful activity and does not proceed to remove the link with due diligence. Should the User consider that a Linked Site contains unlawful or inappropriate content, he/she may notify Nutrify of such circumstance. In no case shall such communication compel Nutrify to remove the regarding link. The inclusion of Linked Sites on the Service neither implies that agreements were made between Nutrify and the owners of the Linked Sites nor implies that Nutrify recommends or endorses the before mentioned Linked Sites and/or its content.
Unless otherwise stated on the app, Nutrify is unaware of the content and services of the Linked Sites. Therefore, Nutrify shall not be held liable for any loss or damage caused to the User or third parties by the unlawfulness nature, quality, outdating, unavailability, error or futility of the Linked Sites.
In order for the User to have access to the full Service, the User must register on the Service.
4. Registration and accounts
The User must register before being able to use the Service. The data entered by the User should be exact, up-to-date and truthful. The registered User will be responsible, at all times, for keeping his/her password safe and consequently accepts any liability for damages that may arise from improper use, as well as assignment, disclosure or loss thereof. For this purpose, any access will be considered to have been performed by said User, who will be responsible for said access and use in any case.
Nutrify may change, modify or update the Services at any time without prior notice to the User, including to remove functionality. The User shall not share his/her account or login information with any third party, nor, let any third party access his/her account, being entirely responsible for maintaining the confidentiality of the login information. The User is fully and solely responsible for the security of his/her computer system, mobile device and all activity on the account.
5. Rules for use of the service
The User undertakes to use the Service in accordance with the law, morality, public policy and these Terms and Conditions of Use. He/she also undertakes to make appropriate use of the Service and not to use it to perform activities that are unlawful or illegal, which infringe the rights of third parties or that infringe any other applicable legal rule.
The User undertakes not to transfer, introduce, spread or make available to third parties any kind of material and information (products, objects, data, content, messages, drawings, sound and image profiles, photographs, software, etc.) that are against the law, morality, public policy and these Terms and Conditions of Use. The User thus makes undertakings such as but not limited to:
- Not adding or spreading content that is deemed as racist, xenophobic, pornographic, supportive of terrorism or that infringes human rights.
- Not spreading, communicating or making available to third parties any kind of information, element or content that infringes fundamental rights and public freedoms recognized in the constitution and international treaties.
- Not spreading, communicating or making available to third parties any kind of information, element or content that constitutes unlawful or unfair advertising.
- Not introducing or spreading any false, ambiguous or inaccurate information and content that misleads the recipients of the information.
- Not spreading, communicating or making available to third parties any kind of information, element or content that infringes intellectual and industrial property rights, patents, trademarks or copyright held by the owners of the Service or third parties.
- Not spreading, communicating or making available to third parties any kind of information, element or content that infringes the secrecy of communications and personal data protection legislation.
The user undertakes to hold Nutrify harmless in relation to any claim, fine, punishment or penalty that it may have to bear as a consequence of the User breaching any of the aforementioned usage rules. Nutrify also reserves the right to claim damages.
6. Correction and identification of errors in data entry
When the User forgets to fill in any information indicated as mandatory in the corresponding form, he/she will not be able to advance in the validation process until it has been completed. A message on the screen will warn you of this circumstance.
Registered Users may modify and/or update their data at any time by accessing their section Profile, Settings and finally personal details.
7. Termination account
Nutrify can terminate your account. The grounds for such termination may include (i) violation of these Terms and Conditions of Use, (ii) fraudulent, harassing or abusive behavior or (iii) behavior that is harmful to other users, third parties, and the community philosophy of our Services or our business interests.
In the event that we terminate your account, you may not register for the Services again, without our consent. If you believe that any action has been taken against your account in error, please do not hesitate to contact us at firstname.lastname@example.org.
If the Service detects that a violation of these Terms and Conditions of Use or any illegal or inappropriate behavior has occurred, we may take any corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms and Conditions of Use or illegal and inappropriate behavior through the Service. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity, behavior or activities of anyone believed to have violated these Terms and Conditions of Use or to have engaged in illegal behavior.
You may request termination of your account at any time, for any reason by sending an email to email@example.com.
Any suspension or termination of your account shall not affect your obligations to us under these Terms and Conditions of Use (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability). They are intended to survive in case of suspension or termination. Nonetheless, you can choose to cancel/end your account at your convenience and anytime.
8. About Nutrify App
The Service is not a medical organization, so we will not provide you with any medical advice or diagnosis. You are solely responsible for your own health. The purpose of the Service is to help our users to record what they eat, how they exercise and to track their health, weight and interact with a coach. Information made available through the Service and by our partners and affiliates shall solely be used for a recreational purpose. Nutrify cannot guarantee any health, weight and/or fitness results or improvements. Nutritional information found in our database has been established by a certified nutritionist. Nutrify cannot guarantee that the nutritional information provided in our database is accurate, reliant or complete. The Service is not responsible for any personal injury or any other damages that may arise, directly or indirectly, from the use or misuse of the Service. Always consult with your doctor before starting a diet or fitness program or if you experience any pain or discomfort.
8.1 About dietary and fitness recommendations
Nutrify is not a licensed medical care provider and has no experience in nutrition, diagnosis and medical treatment conditions of any kind. All the dietary information provided by the Service are just recommendations with a recreational purpose.
The Nutrition guidelines are not formulated to suit any nutrient deficiencies, allergies or any other food-related health problems. The Nutrition Guidelines are not formulated to suit the nutritional needs of pregnant or breastfeeding women. If required, we recommend visiting an Accredited Practicing Dietitian to help tailor a program specific to you and your baby’s needs.
Nutrify is not a licensed medical care provider, and has no experience in nutrition, diagnosis and medical treatment conditions of any kind. All the dietary information provided by the Service are just recommendations with a recreational purpose.
If you have any concerns or questions regarding your health, you should always contact your doctor. If you experience faintness, dizziness, pain or shortness of breath at any time, you must stop the physical activity immediately and contact your doctor before resuming.
The content of our App is not intended to replace or be a substitute for professional medical advice diagnosis or treatment. All content of our App has been created for recreational purpose only.
9. Claims and requests for information
The User can address their claims or requests for information to Nutrify using any of the following methods:
● Sending a letter to KEE DIGITAL, S.L., Rec Comptal Street, 13 1-1º, 08003, Barcelona (Spain).
Nutrify will respond to complaints and requests received as soon as possible.
Nutrify is not responsible for the damages produced in the software and computer equipment of the User during the use of the services offered in the App, nor of the damages or prejudices of any kind produced in the User that bring cause of failures or disconnections in the networks of telecommunications that produce the suspension, cancellation or interruption of the service during the provision thereof or prior.
Nutrify does not guarantee about the suitability of the services offered in the App for the purposes pursued by the User.
Nutrify may temporarily suspend or permanently cancel, in its sole discretion and without prior notice, access to the App or the services offered therein. In such cases, Nutrify will not be obliged to indemnify in any way the possible damages that the User may suffer.
In any case, the liability of Nutrify will be limited to the malicious and direct damages that the User may suffer, excluding loss of profits and consequential damages, only when they have been directly caused by Nutrify.
11. Notice Terms and Conditions of Use
The Service reserves the right to revise or modify these Terms and Conditions of Use at any time and you must agree on such revisions or modifications. You are responsible for reviewing these Terms and Conditions of Use.
When the Service change this these Terms and Conditions of Use, we will notify you with the aim that you review it. At this time, you will have the authority to accept or reject the changes. If you choose to reject, you make take action in terminating your account.
Your continued use of the services after the notice of a change or modification of these Terms and Conditions of Use will be determinate as your acceptance of the revised ones. When the changes imply regard an express consent, it will be notified and required your indubitable action for consent.
The current version will always be posted on the App at Settings - Terms of Service. Any and all material changes shall become in effect between you and Nutrify upon your acceptance of such changes (e.g. by using the Services after such notification has been made to you or renew your subscription).
12. Intellectual Property
Nutrify and its licensors own the Service and any material or content made available through it. Under no circumstance shall the rights of exploitation contemplated in the intellectual property legislation in force of the aforementioned content shall be assigned to the User.
The trademarks, trade names or distinctive signs of any class displayed on the App are owned by KEE DIGITAL, S.L. or third parties. Under no circumstance shall their trademark rights be deemed to have been assigned to the User.
Except as expressly permitted herein, the User may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use any material made available in the Service and we reserve all rights not expressly granted herein.
14. Nullity and ineffectiveness of the clauses
If any clause included in these Terms and Conditions of Use is declared totally or partially, null or ineffective, such nullity or ineffectiveness will only affect said provision, subsisting these Terms and Conditions of Use in everything else.
15. Applicable law and jurisdiction
These Terms and Conditions of Use will be governed and interpreted in accordance with Spanish legislation. Whether the User has the status of consumer, in case of dispute, the User may choose to file their claim in front the Courts or Tribunals that correspond to their domicile. Whether the User has not the status of consumer or user, the User agrees to submit any dispute arising from the use of the Website or the subscription process to the Courts and Tribunals of Barcelona, expressly waiving any other jurisdiction that could correspond.