1.1. These General Terms and Conditions (the “Agreement”) govern the legal relationship between you (“you”, “user”, or “Client”) and Haur B.V., a company incorporated under the laws of the Netherlands, with registered address at John M. Keynesplein 1, 1066EP Amsterdam, the Netherlands (“NutriCal”, “Company”, “we”, “us”, or “our”).

1.2. This Agreement applies to all use of the NutriCal mobile application, related websites including www.nutrical.ai, and any associated services offered by the Company (collectively, the “Services”).

1.3. Prior to entering into any distance contract with NutriCal (including subscription to our Services), you will be provided with access to the full text of these Terms and Conditions in a durable and accessible format. If electronic access is not reasonably possible, we will inform you of the means to obtain a copy free of charge, upon request.

1.4. YOU MUST READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING OR USING THE NUTRICAL APP OR WEBSITE, OR BY CONFIRMING ACCEPTANCE ELECTRONICALLY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY THIS AGREEMENT.

1.5. These Terms are drafted in accordance with applicable European Union consumer protection laws, including the Consumer Rights Directive (2011/83/EU), the Digital Content Directive (2019/770), and the General Data Protection Regulation (GDPR 2016/679).

1.6. If you do not agree to these Terms, you should refrain from accessing or using our Services. Your continued use of NutriCal constitutes your ongoing agreement to be bound by these Terms.

2. Definitions

In this Agreement, the following capitalized terms shall have the meanings ascribed to them below. These definitions apply whether the terms are used in singular or plural form.

2.1. “Agreement” – refers to these Terms and Conditions, which govern the relationship between the Client and the Company.
‍2.2. “Company” or “NutriCal” – refers to Haur B.V., a private limited liability company registered in the Netherlands, with a business address at John M. Keynesplein 1, 1066EP Amsterdam, and any affiliated entities responsible for providing the Services.
‍2.3. “Client”, “you”, “user” – refers to any individual who accesses or uses the NutriCal mobile application, website, or related services, whether on a free or paid basis.
‍2.4. “Website” – refers to www.nutrical.ai, including all content, subdomains, landing pages, and interfaces associated with the NutriCal brand.
‍2.5. “App” – refers to the NutriCal mobile application, including all versions available on iOS, Android, or other platforms.
‍2.6. “Services” – refers to all services, features, content, and functionalities provided by NutriCal through the App or Website, including but not limited to calorie tracking, nutritional data, AI-powered food recognition, and subscription-based access to premium features.
‍2.7. “Free Trial” – refers to the one-time promotional access to premium Services offered free of charge for a limited time (currently 1 month), subject to automatic renewal unless canceled.
‍2.8. “Subscription” – refers to the recurring payment plan that grants access to premium features of NutriCal following the expiration of a free trial, billed monthly at the applicable rate unless canceled in accordance with this Agreement.
‍2.9. “Distance Contract” – refers to a contract concluded between the Client and the Company via digital means, including subscription purchases made through the Website or App, as defined under Directive 2011/83/EU.
‍2.10. “Consumer” – refers to any natural person who is acting for purposes that are outside their trade, business, craft, or profession, in accordance with applicable EU consumer protection laws.

3. Subject Matter of the Agreement

3.1. This Agreement governs the use of NutriCal’s Services, including but not limited to access to and use of the NutriCal mobile application, Website, and any other digital or interactive features provided by the Company.
‍3.2. The Services include both free features accessible upon registration and paid features that become available through a valid Subscription, as described in Section 6 of this Agreement.
‍3.3. The primary objective of NutriCal is to provide users with AI-supported nutritional tools, including but not limited to:
- Food recognition through image capture;
- Calorie and macronutrient tracking;
- Personalized recommendations and insights;
- Goal-based logging and progress tracking.
‍3.4. The Services offered by NutriCal are for informational and educational purposes only. They are not intended to diagnose, treat, cure, or prevent any medical condition, nor do they constitute medical advice or a substitute for consultation with qualified healthcare providers.
‍3.5. NutriCal does not guarantee any specific results from the use of its Services, including but not limited to weight loss, muscle gain, or any other health outcome. Results may vary depending on individual behavior, physiological differences, and adherence to recommendations.
‍3.6. By entering into this Agreement, the Client acknowledges and agrees that the Company provides tools and information only, and that the Client assumes full responsibility for any health decisions or outcomes related to the use of the Services.
‍3.7. The Company reserves the right to modify, upgrade, limit, or discontinue any part of the Services at any time, with or without notice, provided such changes do not substantially and adversely affect the user’s access to essential paid features during an active Subscription period.

4. Conclusion of the Distance Contract

4.1. The contractual relationship between the Client and the Company is established when the Client registers for the Services on the Website or via the NutriCal mobile application and explicitly accepts this Agreement. This constitutes a Distance Contract under Directive 2011/83/EU on consumer rights.
‍4.2. Prior to finalizing the order, the Client will be presented with clear and comprehensible information regarding the essential characteristics of the Services, the duration of the subscription, the applicable fees, and the terms of the free trial, if applicable.
‍4.3. The contract is deemed concluded and legally binding at the moment the Client:Selects a subscription plan (including activation of a free trial, if offered);Provides valid payment details;Confirms their acceptance of this Agreement (e.g. by ticking a checkbox or clicking a confirmation button labeled “Start Subscription” or equivalent); andReceives a confirmation email or screen acknowledgment from NutriCal.
‍4.4. The Company will confirm receipt of the Client’s order without undue delay by electronic means, such as by sending a confirmation email containing the details of the order, including subscription duration, pricing, and cancellation instructions.
‍4.5. The Company reserves the right to reject or cancel any order or subscription request at its sole discretion and without liability, particularly in cases of suspected fraud, unauthorized use, or technical errors.
‍4.6. The Client is responsible for providing accurate and up-to-date information when concluding the contract. The Company shall not be liable for any errors or losses resulting from incorrect or outdated user data.
‍4.7. By concluding the Distance Contract, the Client expressly agrees that the provision of digital content (i.e. access to premium Services) shall begin immediately, and acknowledges the associated waiver of the statutory 14-day right of withdrawal in accordance with Article 16(m) of Directive 2011/83/EU.

5. Right of Withdrawal

5.1. Under EU consumer protection laws, you have the right to withdraw from a distance contract within 14 days without providing any reason, unless one of the exceptions outlined below applies.
‍5.2. However, by subscribing to NutriCal’s Services and expressly consenting to the immediate provision of digital content (i.e. access to premium features or free trial benefits), you acknowledge and agree that you lose your statutory right of withdrawal once the digital service has been fully performed or substantially delivered.
‍5.3. Upon activating your free trial or paid subscription, you will be asked to explicitly confirm the following:That you consent to the immediate start of service delivery; andThat you acknowledge your right of withdrawal will be forfeited once the digital content or service is provided.This is in line with Article 16(m) of the EU Consumer Rights Directive, which allows exceptions to the withdrawal right where the provision of digital content has begun with consumer consent.
‍5.4. If you do not wish to waive your withdrawal right, you must refrain from activating the service or proceeding with the registration and payment process.
‍5.5. If you are eligible for the right of withdrawal and have not yet accessed or activated any portion of the digital content, you may exercise your right by contacting our customer service via the form provided on our Website: www.nutrical.ai.
‍5.6. To comply with the withdrawal deadline, it is sufficient to send your communication concerning the exercise of your withdrawal right before the 14-day period has expired.
‍5.7. In the event of a valid and timely withdrawal request for an unactivated subscription, you will be refunded using the same payment method you used for the original transaction, unless expressly agreed otherwise.

6. Description of Services

6.1. NutriCal provides an AI-powered mobile application and online platform designed to support users in tracking their daily caloric intake, food composition, and overall nutrition. The Service includes tools for image-based food recognition, calorie estimation, macro/micronutrient tracking, and personalized recommendations based on user goals.
‍6.2. The NutriCal Service is accessible via the Website www.nutrical.ai and mobile applications on supported platforms, including iOS and Android. Access to certain features requires user registration and may involve payment of a recurring subscription fee.
‍6.3. The Services are divided into the following categories:Free features: Limited access to core functionality (e.g., food logging, limited scans).Premium features: Advanced tools such as image-based calorie detection, unlimited entries, personalized guidance, tracking history, and performance analytics.
‍6.4. New users are eligible for a 1-month free trial of the premium version of the Service. Upon expiry of the trial, the subscription automatically converts into a paid, monthly recurring plan unless canceled in accordance with Section 9 of this Agreement.
‍6.5. The Service is offered on a digital-only basis. No physical goods are sold, shipped, or provided. The digital content is delivered electronically upon account activation or subscription confirmation.
‍6.6. While NutriCal aims to offer personalized insights, all results, data, and recommendations are generated algorithmically and do not take into account all individual circumstances. The Service is not tailored to any specific health condition, dietary need, or medical status.
‍6.7. NutriCal may update, expand, reduce, or modify features at its sole discretion, provided that such changes do not materially diminish the essential characteristics of the Service during an active subscription period.
‍6.8. The Company reserves the right to introduce new service tiers, bundles, or exclusive features that may be subject to additional charges or subscription plans. You will be informed in advance of any material changes affecting your access or pricing.
‍6.9. Access to the Services requires a stable internet connection and compatible device. The Company is not responsible for any issues arising from device incompatibility, operating system limitations, or connection problems.

7. User Obligations and Responsibilities

7.1. By using the NutriCal Services, you agree to provide accurate, complete, and current information during registration and at all times when using the platform. You are solely responsible for the information entered into the app and its consequences.
‍7.2. You must not use the Service in any way that:Is unlawful, fraudulent, or abusive;Harms, or attempts to harm, minors in any way;Infringes upon any intellectual property rights or proprietary rights of the Company or any third party;Disrupts or interferes with the integrity or performance of the Service or the data contained therein;Attempts to gain unauthorized access to NutriCal’s systems or networks.
‍7.3. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify the Company immediately in case of any unauthorized use or suspected security breach.
‍7.4. You may not use the Service in any commercial manner, including:Reselling, sublicensing, or redistributing access to NutriCal;Scraping, mining, or extracting data or content from the platform;Using the application in competition with NutriCal or for market research purposes without express written consent.
‍7.5. You acknowledge that any violation of this section may result in immediate termination or suspension of your access to the Services, without refund or prior notice, and may expose you to civil and/or criminal liability.
‍7.6. You are responsible for ensuring that your use of the Service is in compliance with all applicable laws, regulations, and local health guidelines in your jurisdiction.
‍7.7. You agree not to falsely imply any association with the Company, misrepresent your identity or your purpose of use, or misuse NutriCal’s name, logo, or brand assets in any context.
‍7.8. The Company reserves the right to investigate any suspected violations of these Terms and to take legal action or cooperate with law enforcement authorities if necessary.

8. Intellectual Property Rights

8.1. All content, features, functionality, and intellectual property associated with the NutriCal Service—including but not limited to text, images, videos, icons, interface elements, software code, algorithms, trademarks, service marks, brand names, and logos—are the exclusive property of Haur B.V. or its licensors.
‍8.2. Subject to your compliance with this Agreement, NutriCal grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes only. This license does not include any rights to:Resell or distribute the Services or any part thereof;Modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the Service;Circumvent any security or digital rights management systems;Use the Service or any of its content in a manner that infringes the intellectual property rights of NutriCal or any third party.
‍8.3. All rights not expressly granted to you under this Agreement are reserved by the Company. No license or rights are granted to you by implication or otherwise under any intellectual property right of NutriCal or any third party, except as expressly provided in this Agreement.
‍8.4. You may not use NutriCal’s name, logo, trademarks, or other brand identifiers without prior written consent from the Company, except as permitted by mandatory legal rights (e.g., fair use).
‍8.5. If you choose to submit feedback, suggestions, or ideas about the Service (e.g., feature recommendations or usability improvements), you agree that:Your submissions are voluntary;NutriCal may use the submissions without any obligation to compensate you;NutriCal will own all rights, titles, and interests in and to such feedback.
‍8.6. Unauthorized use of any of the Company’s intellectual property may result in termination of access, civil litigation, and/or criminal prosecution under applicable laws, including but not limited to intellectual property and copyright laws of the European Union.

9. Subscription Terms and Billing

9.1. NutriCal offers a subscription-based service that grants access to premium features within the mobile application and website. Upon registering, eligible users may begin with a 1-month free trial, after which the subscription automatically transitions into a recurring monthly billing cycle, unless canceled in accordance with this Agreement.
‍9.2. By registering for a NutriCal subscription, you:Confirm your intent to access a paid recurring digital service;Authorize the Company or its payment processor to charge the payment method provided;Agree to be automatically billed on a monthly basis at a rate of €39.95 EUR, starting immediately after the free trial ends.
‍9.3. Subscription charges will recur every 30 days from the date your trial ends, unless you cancel in accordance with Section 10. The total subscription cost includes all applicable VAT (if required under EU law), and will be clearly displayed prior to completing the payment process.
‍9.4. You will not receive separate reminders before billing renewals. By providing your payment details and accepting these Terms, you acknowledge responsibility for all automatic charges incurred unless you cancel before the renewal date.
‍9.5. NutriCal uses secure third-party payment providers to process all transactions. By submitting your payment details, you agree to the terms and privacy policies of the relevant payment gateway, including any regional data processing clauses required by the GDPR.
‍9.6. The Company is not responsible for:Declined charges due to insufficient funds or bank restrictions;Foreign exchange rate differences;Charges from your card issuer for international payments, if applicable.
‍9.7. NutriCal reserves the right to modify pricing for its Services at any time. Any such change will be communicated in advance via the app or email. Price changes will apply to your next billing cycle and not retroactively.
‍9.8. By continuing to use the Service after receiving a pricing change notice, you accept the new pricing. If you do not agree to the revised fees, you must cancel your subscription prior to the renewal date.

10. Cancellation and Refund Policy

10.1. You may cancel your NutriCal subscription at any time by submitting a cancellation request via the official cancellation form available on our Website at www.nutrical.ai. Cancellations submitted by email, social media, mobile app store, or any third-party channels will not be accepted.
‍10.2. A cancellation is only considered valid when:Submitted through the designated form;You receive a confirmation message or email acknowledging the successful submission of your request.
‍10.3. To avoid being charged for the next billing cycle, your cancellation form must be submitted and received at least 24 hours before your current subscription period ends. If the request is received after renewal, the subscription will remain active until the end of the newly billed period and no refund will be issued.
‍10.4. No refunds will be issued for:Partial use of a subscription period;Failure to cancel on time;Unused time during the free trial or paid period;Accidental or duplicate subscriptions made by the user;Dissatisfaction with service results, unless required by law.
‍10.5. By subscribing, you acknowledge and agree that all charges made under your account are final and non-refundable. This includes automatic renewals unless canceled as described in this section.
‍10.6. Refunds are not available once digital content has been provided, in accordance with Article 16(m) of the EU Consumer Rights Directive, which states that the right of withdrawal is forfeited once digital content delivery has begun with the user’s consent.
‍10.7. If technical issues prevent you from accessing the Service, please contact our support team immediately via contact form. We will investigate and address any access issues, but refunds will not be granted for technical delays beyond our control.
10.8. If you have purchased a NutriCal subscription via a third-party platform (e.g., Apple App Store or Google Play Store), all billing and cancellation matters are governed by the terms of that third party. NutriCal is not responsible for subscription management or refunds in such cases.

11. Limitation of Liability

11.1. To the fullest extent permitted under applicable law, the Company and its directors, employees, agents, affiliates, licensors, and partners shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or in connection with:The use of or inability to use the NutriCal Services;Any decisions or actions taken by you based on data or recommendations provided by the NutriCal application;Errors, inaccuracies, or omissions in data or functionality;Unauthorized access to or alteration of your transmissions or data;Loss of profits, goodwill, use, data, or other intangible losses, whether or not we have been advised of the possibility of such damages.
‍11.2. NutriCal is intended for informational and lifestyle support purposes only. You acknowledge and agree that:The app does not provide medical advice;It is not intended to replace consultation with licensed healthcare professionals;The accuracy of AI-driven calorie estimation and nutritional data may vary depending on input quality, lighting conditions, and other user-dependent factors.
‍11.3. NutriCal provides no guarantee regarding specific health outcomes or results, including weight loss, nutritional improvements, or fitness goals. Your results depend on individual effort, body composition, health status, and external factors beyond the Company’s control.
‍11.4. In no event shall the Company’s total liability to you for all claims related to the Service exceed the amount actually paid by you to NutriCal in the three (3) months immediately preceding the event giving rise to the liability.
‍11.5. Some jurisdictions do not allow the exclusion or limitation of certain liabilities, such as liability for death or personal injury caused by negligence. In such cases, our liability will be limited to the greatest extent permitted by applicable law.

12. Disclaimer of Warranties

12.1. The Services provided by NutriCal are offered on an "as is" and "as available" basis. To the maximum extent permitted under applicable law, the Company disclaims all warranties—express, implied, or statutory—including but not limited to:Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;Any warranties that the Services will be uninterrupted, secure, error-free, or available at all times;Any guarantees that the data or results generated by the Services will be accurate, reliable, or complete.
‍12.2. Although we strive to provide high-quality AI-driven nutrition tools, we do not warrant that:The Service will meet your expectations or deliver specific results;Nutritional estimates will be medically precise;Errors in the software will be corrected;The platform will be free from viruses or other harmful components.
‍12.3. NutriCal does not offer personalized clinical or dietetic services. All recommendations, tracking tools, or insights are algorithmically generated and are not a substitute for professional medical advice.
‍12.4. You acknowledge that your use of the Service is at your own discretion and risk, and that you are solely responsible for any decisions or actions taken based on your use of the NutriCal platform.
‍12.5. The Company makes no warranty regarding compatibility with specific devices, operating systems, or third-party integrations. It is your responsibility to ensure that your equipment and environment meet the technical requirements for using the Services.

13. Indemnification

13.1. To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Haur B.V. (the owner of NutriCal), its affiliates, directors, officers, employees, contractors, licensors, and agents from and against any and all claims, losses, liabilities, expenses, damages, and costs (including reasonable legal fees) arising from or related to:Your access to or use of the NutriCal Services;Your violation of this Agreement, applicable laws, or third-party rights;Any content, data, or materials uploaded or submitted by you through the Service;Your misconduct, fraud, or negligence in connection with the Services.
‍13.2. This indemnification obligation will survive the termination or expiration of this Agreement and your use of the Services.
‍13.3. NutriCal reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with and assist us in asserting any available defenses.
‍13.4. You agree not to settle any claim, matter, or proceeding without the prior written consent of NutriCal, which may be withheld at our sole discretion.

14. Governing Law and Jurisdiction

14.1. This Agreement and any contractual or non-contractual disputes arising out of or relating to your use of the NutriCal Services shall be governed by and construed in accordance with the laws of the Netherlands, without regard to conflict of law principles.
‍14.2. If you are a consumer residing in a Member State of the European Union, you are additionally protected by any mandatory provisions of the law of your country of residence. Nothing in this Agreement shall affect your rights under EU consumer protection laws, including those arising from the Consumer Rights Directive (2011/83/EU) and other applicable legislation.
‍14.3. In the event of a dispute, we encourage you to contact us first to seek an amicable resolution. If an agreement cannot be reached, disputes may be submitted to the competent courts in the Netherlands or to the courts of your EU country of residence, if applicable.
‍14.4. You may also choose to resolve disputes through the Online Dispute Resolution (ODR) platform provided by the European Commission:
https://ec.europa.eu/consumers/odr
‍14.5. By accepting these Terms, you agree that all legal notices and communications may be provided electronically and will be deemed received when sent to the email address associated with your account or published on the Website.

15. Term and Termination

15.1. This Agreement becomes effective when you first access or use the NutriCal Services and shall remain in force for as long as you continue to use the Services or maintain an active account.
‍15.2. You may terminate this Agreement at any time by:Cancelling your subscription in accordance with Section 10; andCeasing all use of the NutriCal application and Website.
‍15.3. The Company may suspend or terminate your access to the Services immediately, without notice, if:You breach any term of this Agreement;You fail to pay any applicable fees;You engage in fraud, misuse, or illegal conduct in relation to the Services;Required by applicable law, court order, or regulatory directive.
‍15.4. Upon termination:Your access to the NutriCal Services will be revoked;Any active subscriptions will be deactivated at the end of the current billing cycle (if terminated by you) or immediately (if terminated by us for cause);You remain liable for any outstanding payments due before the date of termination.
‍15.5. Sections of this Agreement that, by their nature, are intended to survive termination—such as those relating to intellectual property, liability, disclaimers, indemnification, and governing law—shall remain in full force and effect after termination.
‍15.6. Termination of this Agreement does not entitle you to any refunds, reimbursements, or proration of fees already paid, except as required under mandatory consumer protection laws.

16. Privacy and Data Protection

16.1. NutriCal respects your privacy and is committed to protecting your personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) and the Dutch Data Protection Act (UAVG).
‍16.2. By using the NutriCal Services, you acknowledge that we may collect, process, and store your personal data, including but not limited to:Contact information (e.g., name, email address);Account details and preferences;Device and usage data (e.g., app activity, settings, diagnostics);Health-related information voluntarily provided by you, such as food intake, body metrics, or nutritional goals.
‍16.3. All data processing activities are conducted lawfully, fairly, and transparently, and are based on one or more of the following legal grounds:Your consent (e.g., to process dietary preferences);Contractual necessity (e.g., to deliver subscription services);Legal obligations;Legitimate interests (e.g., fraud prevention, analytics).
‍16.4. We do not sell, rent, or disclose your personal data to third parties for commercial purposes without your explicit consent. However, we may share your data with:Trusted third-party service providers (e.g., hosting, analytics, customer support);Payment processors, for billing purposes;Legal authorities, where required by law or court order.
‍16.5. You have the right to:Access your personal data;Rectify inaccurate or outdated information;Erase your data ("right to be forgotten");Restrict or object to certain types of processing;Withdraw consent at any time;File a complaint with a supervisory authority (e.g., the Dutch DPA or your local EU data protection authority).
‍16.6. Personal data is stored securely and retained only for as long as necessary to fulfill the purposes outlined in our Privacy Policy or to comply with legal requirements.
‍16.7. For more detailed information about how we collect, use, and protect your personal data, please refer to our full Privacy Policy available at:
👉 www.nutrical.ai/privacy-policy
16.8. If you wish to exercise your data rights, update your preferences, or delete your account, you may do so by contacting us here.

17. Final Provisions

17.1. This Agreement constitutes the entire agreement between you and the Company concerning the use of the NutriCal Services and supersedes all prior communications, proposals, agreements, or understandings, whether written or oral.
‍17.2. If any provision of this Agreement is found to be invalid, illegal, or unenforceable under applicable law, such provision shall be severed, and the remaining provisions shall remain in full force and effect.
‍17.3. The Company’s failure to enforce any provision or exercise any right under this Agreement shall not be construed as a waiver of such right or provision, nor shall it prevent the Company from enforcing the same or any other provision at a later time.
‍17.4. You may not assign, transfer, or delegate your rights or obligations under this Agreement without prior written consent from the Company. Any attempted assignment without consent shall be null and void.
‍17.5. The Company may assign or transfer its rights and obligations under this Agreement without restriction, including in the event of a merger, acquisition, or transfer of business assets.
‍17.6. Headings in this Agreement are provided for convenience only and shall not affect the interpretation of any provision.
‍17.7. This Agreement is available in English. If translated into other languages, the English version shall prevail in the event of any conflict or inconsistency.
‍17.8. For any questions, complaints, or notices regarding this Agreement, please contact us at this form
🏢 Haur B.V.
John M. Keynesplein 1, 1066EP Amsterdam
The Netherlands