Terms & conditions

These Terms and Conditions govern your use of the services provided by Haur B.V., private limited liability company incorporated under laws of Kingdom of the Netherlands, company address: John M. Keynesplein 1, 1066EP Amsterdam, the Kingdom of the Netherlands in relation to the "Nutrical" software application.

By purchasing a subscription of the “Nutrical” software application, you acknowledge and agree to be bound by the following conditions. Please ensure you have reviewed these terms carefully before you proceed to make a purchase of "Nutrical" subscription.

1. General

1.1. Definition:

• “Terms” refers to these Terms and Conditions;
• “Website” refers to the https://www.nutrical.ai/;
• “Platform Operator,” “We,”, “Our” or “Us,” refers to Haur B.V., acting as a payment collection agent and the owner of the Website;
• “Seller” refers to [Aldeire Solutions LTD, company code: HE418072, company address: Markou Drakou, 1, Psevdas 7649, Larnaca, Cyprus / Avalon B.V., company code 0788.620.193:, company address: Imperiastraat 8, 1930 Zaventem, Belgium], the owner of the “Nutrical” software application; 
• “Application” refers to the “Nutrical” calorie-counting software application, including all its features, content, and associated services provided by the Seller;
• "Subscription" refers to the right to access and use the Application for a specified period, subject to recurring payments;
• “User” or “You” refers to anyone purchasing the Subscription or using the Application.

1.2. These Terms outline the User agreement with the Platform Operator for payment processing services related to the Website and the Application. By completing a payment for the Subscription, You enter into a binding agreement with the Platform Operator for the use of Our payment collection services and agree to comply fully with these Terms.

1.3. A separate service contract for the use of the Application is formed directly between You and the Seller after You purchase the Application.

1.4. These Terms may be updated or amended at the Platform Operator’s discretion. Any changes will be published on the Website. Your continued use of the Website and the Application constitute acceptance of the updated Terms. Users are responsible for reviewing Terms periodically.

1.5. The Platform Operator operates as the Subscription payments collection agent for the Seller. We do not develop, test, control, or maintain the Application. The responsibility for the Application's functionality, content, performance, quality, and compliance lies entirely with the Seller.

1.6. If You do not agree to these Terms, do not use the Website and the Application, purchase the Subscription, or disclose Your personal information.

2. Use of the Website and the Application

2.1. Access to use the Website and the Application is restricted to individuals younger than 18 years old. Anyone under 18 years old may only browse or purchase under the supervision of a legal guardian.

2.2. You agree to use the Website and the Application solely for lawful purposes. You shall not interfere with other users’ access, submit malicious content, or engage in fraudulent activity.

2.3. You are prohibited from transmitting harmful code, malware, or engaging in actions intended to impair the Website’s and the Application’s functionality or security.

2.4. We reserve the right to suspend or permanently terminate Your access to the Website and the Application, without prior notice, if You violate any of these Terms.

2.5. You are responsible for ensuring that all information You provide to Us, including Your name, contact details, Your address, and payment information, is accurate, complete, and current. We are not liable for any issues, delays, or additional costs arising from incorrect or incomplete information provided by You.

2.6. If user accounts or review/comment features are available, You are responsible for keeping Your account credentials secure. Platform Operator may remove content that violates these Terms or is harmful, offensive, or misleading.

3. Not Healthcare Advice

3.1. the Website and the Application and any related claims made on the Website or through the Application have not been evaluated or approved by regulatory authorities for the diagnosis, treatment, cure, or prevention of disease. The Website and the Application do not provide medical advice, diagnosis, or treatment. All services, information, and other content available on the Website and the Application are provided strictly for informational purposes.

3.2. Always consult with a qualified physician or healthcare professional before making decisions regarding Your health, diagnosis, treatment options, or the use of the Website and the Application. Any health-related information available may be general in nature and is not intended as a substitute for professional medical advice. You should not rely on the information on the Website and within the Application as a replacement for consultation with Your healthcare provider.

3.3. Before starting any new dietary or health-related program, especially if You are pregnant, nursing, have a pre-existing medical condition, or are taking any medications, You must consult with a qualified physician or healthcare professional. Your use of any information or services from the Website and the Application is solely at Your own risk. You should never disregard, delay, or avoid seeking professional medical advice based on information You find on the Website and within the Application. If You have any health-related questions or concerns, please promptly contact Your physician or another licensed healthcare provider.

3.4. The reviews and results presented are individual. Results may vary depending on individual characteristics, lifestyle, and diet, and therefore are not guaranteed. References or links to third-party websites do not constitute an endorsement by the Platform Operator. We are not responsible for the content, accuracy, or performance of third-party websites.

3.5. Do not use the information on the Website and within the Application to self-diagnose or self-treat medical conditions, prescribe medication, or start any treatment program. If You notice discrepancies between information provided, You should contact the Seller directly for clarification. Individuals may react differently to dietary suggestions or information. Consult with Your healthcare provider about potential interactions.

3.6. Any reviews, comments, or ratings posted reflect only the personal opinions of the individuals who made them. They do not represent the views of the Platform Operator and should not be considered a substitute for medical advice. Platform Operator shall not be held liable for any outcomes, damages, or claims related to the use of information provided.

4. Product Information and Pricing

4.1. While We aim to ensure accuracy of the Application’s descriptions, features, and pricing, Platform Operator does not guarantee that such information is free from errors. If any discrepancies arise, users are encouraged to report them to the Seller.

4.2. Unless specified otherwise, all financial transactions are processed in EUR. Prices may change without prior notice, however, the price confirmed at checkout will be honored for that order.

4.3. The Website’s and the Application’s availability depends on the Seller’s service uptime. In the event of an obvious Subscription’s pricing error, Platform Operator reserves the right to cancel the Subscription order and notify the User.

5. Subscription Purchase and Billing

5.1. When You place an order, you are making an offer to purchase the Subscription to the Application from the Seller under these Terms. By submitting an order and providing Your payment information, You authorize Us to charge the full amount of the order to Your selected payment method.

5.2. After You place an order, You will receive an automated email acknowledging that We have received Your order (e. g. “Order Successful”). The acceptance of Your offer and the formation of a binding contract between You and Us for payment services will take place when We send you a separate email confirming the payment was made (e. g. “Order Confirmation”).

5.3. Upon successful payment, You will immediately receive a separate email with the access to the Application (e. g. ”Nutricall App access”). This email will contain Your unique user code and all the instructions on how to start using the Application. The Application is also available for download from the Apple App Store and Google Play Store.

5.4. By purchasing the Subscription, You expressly authorize Us to continue charging the same payment method on a recurring monthly basis at the then-current Subscription rate, until the Subscription is cancelled by You. Your Subscription will automatically renew each month unless cancelled.

6. Subscription Cancellation

6.1. The Subscription offered by Platform Operator are available only to Users who meet our eligibility criteria, including age and geographic restrictions. Users must be at least 18 years old and reside in countries where the Subscription services are permitted. The Subscriptions are personal and may not be assigned or transferred to any third party without our written consent.

6.2. Platform Operator reserves the right to change the Subscription’s benefits, including discounts, promotions, or special offers at any time in its sole discretion. Any changes will apply to future Subscription orders, including ongoing Subscriptions.

6.3. You may cancel Your subscription at any time by contacting Our customer support by filling in this form - https://support.nutrical.ai/hc/en-001/requests/new. To avoid being charged for the next scheduled order, You must cancel Your Subscription before Your next billing date. If You cancel after this deadline, the cancellation will take effect after the upcoming billing cycle.

6.4. Platform Operator reserves the right to modify the Subscription terms, benefits, pricing, or eligibility at any time. Continued participation in the Subscription program after any change constitutes acceptance of the updated terms. If a User does not agree with any change, User must cancel the Subscription.

6.5. We reserve the right to modify the Subscription terms, benefits, pricing, or eligibility at any time. Should We make a material change, such as an increase in the price of Your subscription, we will provide You with at least [30 days] prior notice via email. This notice will give You the opportunity to cancel the Subscription before the new terms take effect. Your continued participation in the Subscription after the changes become effective will constitute Your acceptance of the updated Terms.

7. Refund Policy

7.1. The Platform Operator does not provide, offer, or issue any refunds for the Subscription.

7.2. As the Application is a digital product that was available for use, no refunds will be provided for past or partially used Subscription periods.

8. Disclaimer of Liability

8.1. Platform Operator does not develop or control the Application. As such, We do not assume responsibility for:

• The Application's performance, data accuracy, effectiveness, or fitness for a particular purpose;
• Adverse outcomes or health effects resulting from the Application’s use;
• Compliance of the Application or marketing claims with applicable laws.

8.2. To the fullest extent permitted by law, Platform Operator disclaims liability for indirect, incidental, or consequential damages. Liability is capped at the amount paid for one month of the Subscription.

8.3. Platform Operator disclaims all warranties, whether express or implied, including merchantability or fitness for a particular purpose.

8.4. We do not guarantee that the Application will be available, uninterrupted, or error-free at all times. We shall not be liable for any damages arising from the temporary unavailability of the Application, technical glitches, or other performance issues.

8.5. As the Platform Operator acts solely as a payment collection agent, all claims related to the Application's quality, effectiveness, content, and performance must be directed to the Seller. The Seller’s full company details are provided in Section 13 of these Terms. 

9. Personal Data Protection 

We are committed to protecting Your privacy and handling Your personal data in a transparent and secure manner, in full compliance with the General Data Protection Regulation (EU) 2016/679 (GDPR) and applicable national data protection laws. 

Your submission of personal information on the Website and through the Application is governed by our Privacy Policy [link].

10. Intellectual Property

10.1. The name and all related brand elements, including logos, graphics, icons, and service names, are the exclusive property of the Platform Operator and the Seller and are protected as trademarks. Any use of these trademarks is strictly prohibited without our prior written consent, which may be withheld at our sole discretion.

10.2. All content available on the Website and the Application, including but not limited to text, graphics, images, illustrations, and code, is the intellectual property of the Platform Operator, the Seller or their content suppliers and is protected by copyright laws. Your use of the Website and the Application does not grant you any ownership or license to this content.

10.3. Any software utilized in the operation of the Website and the Application is the property of the Platform Operator, the Seller or their software partners and is protected by international copyright laws. You are not granted any rights or licenses to this software.

10.4. You are solely liable for any damage that arises from the infringement of intellectual property rights. This includes any harm caused by Your unauthorized copying, distribution, or use of our trademarks, content, or software for purposes that violate these terms or applicable law.

10.5. The Website and the Application may display names, trademarks, or service marks belonging to third parties. These marks are the property of their respective owners, and we claim no ownership over them. Additionally, for Your convenience, the Website and the Application may contain links to third-party websites. We do not control or endorse the content of these sites and are not responsible for them. Accessing third-party websites is done at Your own risk.

11. Governing Law and Jurisdiction

These Terms and all legal relations are governed by the laws of the [Belgium/Cyprus]. However, this choice of law shall not deprive consumers of the mandatory protection afforded to them by the laws of their country of residence.

12. Miscellaneous

12.1. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from these Terms, and the remainder of the Terms shall remain in full force and effect.

12.2. Any failure or delay by Us in exercising any right or remedy under these Terms shall not operate as a waiver of that right or remedy. A waiver of any right or remedy on one occasion will not be construed as a bar to or waiver of any rights or remedies on any other occasion.

12.3. We shall not be liable for any failure or delay in performance under these Terms resulting from acts or events beyond Our reasonable control, including but not limited to natural disasters, war, terrorism, government actions, strikes, or failures of third-party infrastructure (including internet and payment providers).

12.4. These Terms, together with any other legal notices, constitute the entire agreement between You and Us concerning Your use of the Website and the Application and supersede all prior agreements, understandings, or representations.

12.5. You may not assign or transfer any of Your rights or obligations under these Terms without Our prior written consent. We reserve the right to assign or transfer Our rights and obligations under these Terms to a third party at Our discretion, for example, in the event of a merger, acquisition, or sale of assets.

The headings and section titles in these Terms are for convenience only and shall not affect the interpretation of the provisions.

13. Claims and Contact Information

13.1. For any questions, concerns, or claims, it is important to direct them to the appropriate party based on their responsibilities as outlined below.

13.2. The Seller is solely responsible for all aspects of the Application itself. Please contact the Seller directly for all claims and inquiries related to the performance, functionality, content, or accuracy of the Application as well as technical support and issues within the Application.

13.3. You can contact the Seller at: [email, phone]

13.4. The Platform Operator is responsible only for the payment processing services. Please contact Us for claims and inquiries related to errors in the processing of Your payment, such as double charges or technical transaction failures, suspected unauthorized transactions processed by Us, the Subscription management, including the cancellation process and any questions or concerns specifically regarding these Terms and Conditions.

13.5. You can contact Us at: [email, phone]