Nutricern

Terms of Service

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Terms of Service

Effective Date: 7 June 2026  ·  nutricern.tech  ·  support@nutricern.tech

Important Notice

These Terms contain a binding arbitration provision and class action waiver that affect your legal rights. Please read Section 20 carefully.

Health Notice

Nutricern is not a medical service. The Platform does not provide medical advice, diagnosis, or treatment. Nutritional information provided through the Platform is for general informational purposes only and is not a substitute for professional medical advice. Always seek the guidance of a qualified healthcare professional before making changes to your diet, exercise regimen, or health management plan.

In a medical emergency, call 911 or your local emergency services immediately. Do not use Nutricern for emergency health situations.

Contents
  1. Acceptance of Terms
  2. The Platform
  3. Health Information & Medical Disclaimer
  4. AI-Powered Nutrition Assistant
  5. Membership & Subscription
  6. Fair Use Policy
  7. Modification of Terms or Platform
  8. Eligibility & Account Creation
  9. Member Content & Health Data
  10. Prohibitions
  11. Copyright Infringement
  12. Fees, Refund and Cancellation Policy
  13. Proprietary Rights and Limited Licence
  14. Feedback
  15. Third Party Links & Services
  16. Duration and Termination
  17. Indemnity and Release
  18. Disclaimers
  19. Limitation of Liability
  20. Arbitration and Class Action Waiver
  21. Venue and Governing Law
  22. General
  23. Contact Us

Section 1

Acceptance of Terms

These Terms of Service (“Terms”) are a binding legal agreement between you and Nutricern (“Nutricern,” “we,” “us,” or “our”). “Member,” “User,” “you,” and “your” refer to the individual who registers for, accesses, or uses the Nutricern website, web application, and related services (collectively, the “Platform”).

By registering for an account, accessing the Platform, clicking to accept these Terms, or otherwise using the Platform, you: (1) accept and agree to be bound by these Terms; (2) consent to the collection, use, disclosure, and handling of your information — including health information you voluntarily provide — as described in our Privacy Policy; and (3) agree to comply with all rules, policies, and notices posted on the Platform.

If you do not agree to these Terms in their entirety, you must not use or access the Platform in any manner.

All references to “you” or “your” mean the individual who accesses, uses, or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of a legal entity, you represent and warrant that you have authority to bind that entity, and “you” and “your” shall refer to that entity, its directors, officers, employees, and agents.

Section 2

The Platform

Nutricern is an AI-powered molecular nutrition platform that provides Members with personalised nutritional guidance, food preference tracking, a food logging tool with automated USDA nutrient analysis, herb and supplement information sourced from NIH databases, and related wellness information services. The Platform is designed to help Members understand the nutritional content of their food choices in the context of their stated health conditions, dietary preferences, and wellness objectives.

Nutricern is an educational and informational service. It is not a healthcare provider, dietitian practice, clinical nutrition service, or medical institution. Nutricern does not employ or act as an agent of any medical or nutrition professional. The Platform does not render professional medical, clinical, or dietetic advice to Members.

Important

The content and recommendations you receive through the Platform are generated by an artificial intelligence assistant and drawn from publicly available nutritional databases (including the USDA Standard Reference and NIH databases). This content is for general informational purposes only. It does not account for your complete medical history, current medications, or individual clinical needs. It is not a substitute for evaluation by a qualified healthcare or nutrition professional.

You understand that certain features of the Platform, including the AI nutrition assistant, are powered by artificial intelligence language models operated by third-party providers. Content generated by the AI is subject to inherent limitations in accuracy, currency, and applicability to your specific circumstances. You acknowledge that AI-generated nutritional information may occasionally be incomplete, inaccurate, or inapplicable to your situation.

You are solely responsible for all decisions you make regarding your diet, health, and wellness based on information obtained from the Platform. Nutricern shall not be liable for any health consequences, adverse outcomes, or damages arising from your reliance on Platform content.

Section 3

Health Information & Medical Disclaimer

The Platform allows you to voluntarily enter and store personal health information, including but not limited to: health conditions and disorders, food allergies and intolerances, dietary preferences, physical profile information (age, sex, height, weight), and a food diary with nutritional data. You voluntarily provide this information to enable the Platform to personalise its responses and displays to your stated profile.

3.1  No Professional-Client Relationship

Your use of the Platform does not create a doctor-patient, dietitian-client, nutritionist-client, therapist-client, or any other professional-client relationship between you and Nutricern, or between you and any data provider, technology partner, or AI system used by the Platform.

3.2  Informational Purpose Only

All nutritional data, herb and supplement information, disorder-nutrient associations, food recommendations, AI responses, and other health-related content available through the Platform is provided for general informational and educational purposes only. Such content:

  • Is not intended to diagnose, treat, cure, or prevent any disease or health condition;
  • Is not a substitute for professional medical advice, diagnosis, or treatment;
  • Does not account for your complete medical history, current medications, or specific clinical needs;
  • May not be appropriate for your individual circumstances;
  • Should not be used as the sole basis for any health-related decision.

Always seek the advice of a qualified physician, registered dietitian, or other qualified healthcare professional before beginning any new diet, nutritional programme, supplement regimen, or exercise plan.

3.3  USDA and NIH Data

The Platform integrates nutritional data from the United States Department of Agriculture (USDA) Standard Reference (SR28) database and herb and supplement information from the U.S. National Institutes of Health (NIH). This data is provided for informational purposes and does not constitute a clinical recommendation or endorsement of any food, supplement, or dietary approach for your specific health needs.

3.4  Supplements and Herbs

Information regarding herbs, botanical supplements, and nutraceutical products available through the Platform is sourced from the NIH National Center for Complementary and Integrative Health (NCCIH) and the NIH Office of Dietary Supplements (ODS). This information is general and educational. Supplements may interact with prescription medications or be contraindicated for certain health conditions. Always consult a qualified healthcare professional before using any supplement.

3.5  Food Allergy Disclaimer

While the Platform records food allergies and intolerances you provide, it cannot guarantee that nutritional data, food recommendations, or meal suggestions are free from allergens relevant to your profile. The Platform is not a substitute for careful personal attention to ingredient labels and professional allergy management guidance. Members with severe food allergies should always verify ingredient information independently.

Section 4

AI-Powered Nutrition Assistant

The Platform includes an AI-powered nutrition assistant (“AI Assistant”) that responds to Member queries using artificial intelligence language model technology provided by Anthropic, PBC (“Anthropic”). The AI Assistant also queries Nutricern’s proprietary nutritional knowledge base to enrich its responses.

4.1  Nature of AI Responses

Responses generated by the AI Assistant are automated outputs from an AI system. They are not authored, reviewed, or endorsed by a human nutrition professional or clinician. The AI Assistant may make errors, produce incomplete information, or generate responses that are not applicable to your specific circumstances. You should evaluate all AI-generated content critically and verify important nutritional or health information with qualified professionals.

4.2  AI Usage Limits

The Platform tracks your daily AI token usage (a measure of the volume of text processed by the AI Assistant) for service management and billing purposes. Nutricern reserves the right to apply fair-use limits on AI usage as set out in Section 6 (Fair Use Policy). Usage data is stored in your account and visible in your Account Usage tab.

4.3  Conversation Data

Conversations with the AI Assistant are processed by Anthropic’s API services. By using the AI Assistant, you acknowledge that your queries and the AI’s responses are transmitted to and processed by Anthropic in accordance with Anthropic’s usage policies. Nutricern stores a record of your conversation history to enable contextual responses across sessions and to allow automatic summarisation when conversation length approaches technical limits. This data is stored in your Nutricern account and handled in accordance with our Privacy Policy.

4.4  No Emergency Use

Emergency Notice

The AI Assistant is not designed, trained, or appropriate for use in medical or health emergencies. If you are experiencing a health emergency, call 911 or your local emergency services immediately. Do not use the AI Assistant to seek guidance in emergency situations.

Section 5

Membership & Subscription

Access to the full features of the Platform requires a paid Membership subscription (“Membership”). Membership fees, billing cycles, and subscription terms are presented to you at the time of sign-up and on the Platform’s subscription pages.

5.1  Auto-Renewing Subscription

When you purchase a Membership, you are subscribing to an automatically renewing recurring subscription. Unless you cancel your Membership before the end of the current billing period, your Membership will automatically renew at the then-current price for successive billing periods of the same duration. By purchasing a Membership, you authorise Nutricern and its payment processor to charge your payment method at the start of each renewal period.

5.2  Payment Processing

Payment for Memberships is processed by Polar (polar.sh), a third-party subscription billing and payment platform. By purchasing a Membership, you also agree to Polar’s applicable terms of service and privacy policy. Nutricern does not directly store your payment card details; these are held and processed by Polar in accordance with applicable payment card industry standards.

5.3  Pricing and Changes

Nutricern reserves the right to change Membership prices at any time. If the price of your Membership increases, Nutricern will provide advance notice to you prior to the next billing cycle. Your continued subscription after the effective date of a price change constitutes your acceptance of the new price.

5.4  Free Access Features

Certain features of the Platform may be available to non-Members on a limited basis without a paid subscription. These features may be modified, restricted, or withdrawn at any time at Nutricern’s sole discretion. Access to free features does not constitute a Membership and does not entitle you to any of the benefits or protections associated with a Membership.

5.5  Membership Benefits

Nutricern may add, modify, or remove Membership benefits at any time. Nutricern will endeavour to provide advance notice of material changes to Membership benefits. Your continued use of the Platform after changes to Membership benefits constitutes your acceptance of those changes.

Section 6

Fair Use Policy

Your Membership subscription is authorised for personal, non-commercial, non-transferable use by a single individual only. You may not share your account credentials, allow others to use your account, or use the Platform on behalf of multiple individuals under a single subscription.

Excessive or automated use of the AI Assistant that impairs the Platform’s ability to provide quality service to other Members may indicate non-personal, commercial, or resale use. Nutricern reserves the right to limit, throttle, suspend, or terminate accounts that exhibit usage patterns inconsistent with personal individual use, at Nutricern’s sole discretion.

Section 7

Modification of Terms or Platform

Nutricern reserves the right to modify or replace these Terms at any time, except that changes to Section 20 (Arbitration and Class Action Waiver) are subject to the 30-day notice requirement described therein. If we determine in our sole discretion that a revision is material, we will notify you by email or by notice displayed on the Platform prior to the change becoming effective. Your continued use of the Platform after any modification constitutes your acceptance of the modified Terms.

You are responsible for reviewing these Terms periodically to remain informed of any changes. The “Effective Date” at the top of this document reflects when the current version became effective. If you do not accept the modified Terms, you must discontinue using the Platform and cancel your Membership.

Nutricern also reserves the right at any time, with or without notice, to modify, suspend, or discontinue any feature, function, or aspect of the Platform, temporarily or permanently. Except for any refund rights expressly provided in these Terms or required by applicable law, Nutricern shall not be liable for any modification, suspension, or discontinuance of the Platform.

Section 8

Eligibility & Account Creation

The Platform is intended for use by adults. You must be at least 18 years of age and capable of entering into legally binding contracts under the laws of your jurisdiction to register for a Membership or access paid features of the Platform. By registering, you represent and warrant that you meet this requirement. If Nutricern becomes aware that a user is under 18 years of age, that account will be terminated and any associated personal data deleted in accordance with our legal obligations.

You must create an account (“Account”) to access full features of the Platform. You agree to provide accurate, current, and complete information when creating your Account, and to update your Account information promptly to keep it accurate and complete. You are solely responsible for maintaining the confidentiality of your Account password and for all activity that occurs through your Account.

You must notify Nutricern immediately at support@nutricern.tech if you become aware of any unauthorised access to or use of your Account. Nutricern is not liable for any losses or damages arising from unauthorised use of your Account credentials.

Your Account is personal to you and is non-transferable. You may not create multiple Accounts or use another person’s Account. Nutricern reserves the right to require identity verification as a condition of continued Account access.

Section 9

Member Content & Health Data

9.1  Your Content

You may submit, enter, or store various types of content through the Platform, including food log entries, health profile information (disorders, allergies, physical profile), food preferences, saved recipes and meal plans, and messages to the AI Assistant (“Member Content”). You retain ownership of your Member Content.

By submitting Member Content, you grant Nutricern a non-exclusive, royalty-free, worldwide licence to store, process, and use that content solely for the purpose of operating and improving the Platform and providing you with the services described in these Terms. This licence terminates when you delete the relevant content or close your Account, subject to the retention requirements described in our Privacy Policy.

9.2  Health Data — Your Responsibility

You acknowledge that health information you enter into the Platform — including health conditions, allergies, physical measurements, and food log entries — is provided voluntarily and entirely at your own discretion. You are solely responsible for the accuracy and completeness of health information you provide. Nutricern uses the health information you provide only to personalise the Platform’s displays and AI responses to your stated profile.

9.3  Accuracy of Content

You represent and warrant that you have the right to submit any Member Content you provide, that your Member Content is accurate to the best of your knowledge, and that your Member Content does not infringe on the intellectual property rights or privacy rights of any third party.

9.4  Content We May Remove

Nutricern reserves the right, but assumes no obligation, to review, edit, or remove any Member Content that we determine in our sole discretion violates these Terms, is otherwise objectionable, or may expose Nutricern to liability. We may exercise this right at any time, with or without notice to you.

Section 10

Prohibitions

As a Member and User of the Platform, you agree not to use the Platform for any unlawful purpose or any purpose not reasonably intended by these Terms. You agree not to:

  • Use the Platform in any way that violates applicable local, national, or international laws or regulations;
  • Use the Platform in a manner that is fraudulent, false, misleading, or deceptive;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Create multiple Accounts, or use another person’s Account;
  • Share your Account credentials with any other person or allow any other person to access the Platform using your Account;
  • Use methods to disguise your location or otherwise circumvent geographic restrictions or security measures;
  • Use the Platform to establish any professional-client relationship, including a doctor-patient or dietitian-client relationship;
  • Use the AI Assistant in any medical or health emergency — call 911 for emergencies;
  • Use automated programs, bots, scripts, web crawlers, or other automated means to access or interact with the Platform;
  • Use any data or content from the Platform to develop, train, or improve any artificial intelligence model or large language model;
  • Decompile, reverse engineer, disassemble, or otherwise attempt to obtain the source code or algorithms of the Platform;
  • Access the Platform in order to build a similar, competing, or derivative product or service;
  • Circumvent, disable, or interfere with any security feature, access control, or usage measurement feature of the Platform;
  • Introduce any malicious code, virus, worm, Trojan horse, or other harmful software into the Platform;
  • Resell, sublicence, or make commercial use of the Platform or its content without Nutricern’s prior written consent.

Violation of these prohibitions may result in immediate suspension or termination of your Account, without refund, at Nutricern’s sole discretion.

Section 11

Copyright Infringement

Nutricern respects intellectual property rights. We will respond to notices of copyright infringement that comply with applicable law. If you believe that any content on the Platform infringes your copyright, please send a written notice to support@nutricern.tech including:

  • A description of the copyrighted work you claim has been infringed;
  • A description of the material on the Platform that you claim is infringing and its location;
  • Your name, address, telephone number, and email address;
  • A statement that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
  • A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorised to act on the owner’s behalf;
  • An electronic or physical signature of the copyright owner or a person authorised to act on their behalf.

Nutricern will disable and/or terminate the Accounts of Members who are repeat infringers of intellectual property rights.

Section 12

Fees, Refund and Cancellation Policy

12.1  Membership Fees

Your Membership fee, billing frequency (monthly or annual), and any applicable taxes are displayed at the time of sign-up. By completing the sign-up process, you authorise recurring charges to your payment method at the stated frequency. If your payment fails, Nutricern reserves the right to suspend or terminate your Membership.

12.2  Cancellation

You may cancel your Membership at any time before the end of the current billing period. Cancellation stops future recurring charges; your Membership access continues until the end of the period for which you have already paid. To cancel:

  • Log in to the Platform and navigate to Account → Billing and follow the cancellation process; or
  • Send a written cancellation request by email to support@nutricern.tech from the email address associated with your Account.

12.3  Refunds

Membership fees are non-refundable except as expressly stated in these Terms or as required by applicable law. No refund or credit is provided for a partial Membership period, including after cancellation. In the event that Nutricern cancels your Membership for reasons other than a breach of these Terms, Nutricern will refund any pro-rated portion of fees paid for the unused portion of the current billing period.

12.4  Trials and Promotions

Nutricern may from time to time offer free trials, promotional rates, or referral discounts. Promotional offers are subject to their stated terms and may not be combined with other offers. Free trial periods do not require payment; if you elect to continue after a trial period, your chosen Membership plan will begin and your payment method will be charged. You may only use one free trial per account.

12.5  Payment Information

Payment information you provide is processed by Polar on Nutricern’s behalf. You represent and warrant that you are authorised to use the payment method provided. You are responsible for maintaining current and accurate payment information in your Account.

12.6  Taxes

Membership fees may be subject to applicable local, national, or international sales taxes, VAT, or other taxes, depending on your jurisdiction. You are responsible for all such taxes applicable to your Membership purchase.

Section 13

Proprietary Rights and Limited Licence

All right, title, and interest in and to the Platform — including all software, source code, algorithms, AI models, databases, nutritional knowledge bases, user interfaces, graphics, logos, trademarks, service marks, and all other intellectual property therein — are and remain the exclusive property of Nutricern and its licensors.

Subject to your complete and ongoing compliance with these Terms, Nutricern grants you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for your own personal, non-commercial purposes in accordance with these Terms. Nutricern reserves all rights not expressly granted to you by these Terms.

You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Platform except as expressly permitted by these Terms or by prior written consent from Nutricern.

Section 14

Feedback

If you send Nutricern any feedback, suggestions, comments, ideas, or other input regarding the Platform (“Feedback”), you represent and warrant that: (a) you have the right to disclose such Feedback; (b) the Feedback does not contain confidential or proprietary information of any third party; and (c) the Feedback does not violate the rights of any other person or entity.

By submitting Feedback, you: (i) agree that Nutricern is under no obligation of confidentiality with respect to the Feedback; (ii) acknowledge that Nutricern may already be considering similar ideas; (iii) grant Nutricern an irrevocable, non-exclusive, royalty-free, perpetual, worldwide licence to use, modify, prepare derivative works from, publish, distribute, and sublicence the Feedback for any purpose; and (iv) irrevocably waive any moral rights in the Feedback. This Feedback provision survives termination of your Membership.

Section 15

Third Party Links & Services

The Platform integrates with and may link to third-party services and data sources, including:

  • Anthropic (Claude API): The artificial intelligence language model that powers the AI Assistant.
  • Polar: The subscription billing and payment platform. Payment transactions are subject to Polar’s terms of service and privacy policy.
  • USDA SR28: The United States Department of Agriculture Standard Reference nutritional database.
  • NIH NCCIH / ODS: The NIH National Center for Complementary and Integrative Health and Office of Dietary Supplements, from which herb and supplement information is sourced.
  • Email service providers: Transactional email (account notifications, password reset) is delivered through a third-party SMTP service.

Nutricern does not control these third-party services and is not responsible for the content, privacy practices, availability, or reliability of any third-party service or data source. Links to or integrations with third-party services do not constitute an endorsement by Nutricern of those services or their operators.

Section 16

Duration and Termination

16.1  Duration

These Terms are effective when you first access the Platform or create an Account and remain in effect until your Account is terminated in accordance with these Terms.

16.2  Termination by You

You may terminate your Account at any time by cancelling your Membership as described in Section 12.2 and contacting Nutricern at support@nutricern.tech to request Account deletion. Upon termination, your right to access the Platform ceases. Fees accrued as of the termination date remain payable.

16.3  Termination by Nutricern

Nutricern reserves the right, at any time and in its sole discretion, to suspend or terminate your Account and your access to the Platform, with or without notice, for any reason, including but not limited to: your breach of these Terms; conduct that Nutricern believes is harmful to other Members, third parties, or Nutricern’s business; failure to pay Membership fees; or prolonged inactivity. In the event that Nutricern terminates your Account for reasons other than a breach of these Terms, Nutricern will provide a pro-rated refund of any prepaid Membership fees for the unused portion of the then-current billing period.

16.4  Effect of Termination

Upon termination of your Account, your licence to access and use the Platform ceases immediately. Nutricern will delete or anonymise your personal data in accordance with our Privacy Policy and applicable data protection law, subject to any retention periods required by law. Sections 1, 9.1, 11, 13, 14, 16.4, 17, 18, 19, 20, and 22 shall survive termination.

Section 17

Indemnity and Release

You agree to indemnify, defend, and hold harmless Nutricern and its officers, directors, employees, agents, successors, and assigns (collectively, “Nutricern Parties”) from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and court costs) arising out of or resulting from: (a) your use of or access to the Platform; (b) your breach of these Terms; (c) your Member Content; (d) your violation of any applicable law or the rights of any third party; or (e) any health decision you make based on information obtained from the Platform.

To the maximum extent permitted by applicable law, you hereby release the Nutricern Parties from all claims, demands, damages, and liabilities of every kind arising out of or in connection with: (a) any dispute you have with another Member or third party arising from your use of the Platform; and (b) any health outcome or consequence resulting from dietary, nutritional, or supplementation decisions you make based on Platform content.

Section 18

Disclaimers

THE PLATFORM AND ALL CONTENT, INFORMATION, NUTRITIONAL DATA, AI-GENERATED RESPONSES, HERB AND SUPPLEMENT INFORMATION, AND OTHER MATERIALS AVAILABLE THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

NUTRICERN DOES NOT WARRANT OR REPRESENT THAT: (A) THE NUTRITIONAL INFORMATION PROVIDED THROUGH THE PLATFORM IS ACCURATE, COMPLETE, OR CURRENT; (B) AI-GENERATED RESPONSES ARE CORRECT, APPLICABLE TO YOUR CIRCUMSTANCES, OR FREE FROM ERROR; (C) HERB OR SUPPLEMENT INFORMATION IS APPROPRIATE FOR YOUR HEALTH CONDITIONS OR WILL PRODUCE ANY PARTICULAR HEALTH OUTCOME; OR (D) THE PLATFORM WILL MEET YOUR EXPECTATIONS OR HEALTH GOALS.

YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND SUITABILITY OF ANY INFORMATION, RECOMMENDATION, OR OTHER CONTENT AVAILABLE THROUGH THE PLATFORM FOR YOUR SPECIFIC CIRCUMSTANCES.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of consumers, so some of the above exclusions may not apply to you.

Section 19

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NUTRICERN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, PERSONAL INJURY, HEALTH CONSEQUENCES, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR USE OF OR INABILITY TO USE THE PLATFORM, OR ANY CONTENT OBTAINED FROM OR THROUGH THE PLATFORM, EVEN IF NUTRICERN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NUTRICERN’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) £100 (OR THE LOCAL CURRENCY EQUIVALENT); OR (B) THE TOTAL AMOUNT OF MEMBERSHIP FEES ACTUALLY PAID BY YOU TO NUTRICERN IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the limitation or exclusion of certain damages, so some of the above limitations may not apply to you.

Section 20

Arbitration and Class Action Waiver

Please Read Carefully

This section may significantly affect your legal rights, including your right to file a lawsuit in court.

20.1  Initial Dispute Resolution

Nutricern’s support team is available to address any concerns you may have about the Platform. The parties shall use their best efforts to settle any dispute, claim, or disagreement through good faith negotiation, which shall be a condition to either party initiating arbitration. Written notice to Nutricern must be sent by email to support@nutricern.tech. The receiving party has thirty (30) days from receipt of the dispute notice to respond.

20.2  Binding Arbitration

If the parties cannot resolve a dispute through informal negotiation within thirty (30) days, either party may initiate binding arbitration as the sole means to resolve the dispute. All claims arising out of or relating to these Terms (including their formation, performance, or breach), the parties’ relationship, and/or your use of the Platform shall be finally settled by binding arbitration.

20.3  Class Action Waiver

You and Nutricern agree that any arbitration shall be conducted only in your individual capacity and not as a class action, collective action, or other representative action. You expressly waive your right to file a class action or seek relief on a class basis.

YOU AND NUTRICERN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.

20.4  Exception — Intellectual Property & Small Claims

Either party may seek injunctive or equitable relief in court to protect intellectual property rights, or bring an individual claim in small claims court where the claim falls within that court’s jurisdiction.

20.5  Changes to This Section

Nutricern will provide thirty (30) days’ notice of any material changes to this Section 20. Changes will become effective on the 30th day. If you continue to use the Platform after the 30th day, you agree to be bound by the revised arbitration provision.

Section 21

Venue and Governing Law

These Terms and any dispute arising out of or related to them or your use of the Platform shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

For any dispute not subject to binding arbitration under Section 20, you and Nutricern agree to submit to the exclusive jurisdiction of the state and federal courts located in California. You waive any objection to venue or jurisdiction in such courts.

Section 22

General

22.1  Entire Agreement

These Terms, together with the Privacy Policy and any additional terms or policies posted on the Platform, constitute the entire agreement between you and Nutricern with respect to the Platform and supersede all prior agreements, oral or written, between you and Nutricern.

22.2  Waiver and Severability

Nutricern’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision shall be construed to the maximum extent possible to reflect the parties’ original intent, and all other provisions shall remain in full force and effect.

22.3  Assignment

You may not assign, transfer, or sublicence your rights or obligations under these Terms to any third party without Nutricern’s prior written consent. Nutricern may assign these Terms, in whole or in part, to any entity of its choosing, including in connection with a merger, acquisition, or sale of assets.

22.4  Statute of Limitations

To the extent permitted by applicable law, any claim arising out of or related to the Platform or these Terms must be filed within one (1) year after the claim arose. Claims not filed within this period are permanently barred.

22.5  Notice

Nutricern may provide notice to you by email to the address associated with your Account, by in-app notification, or by posting on the Platform. Notice to Nutricern should be sent by email to support@nutricern.tech. Electronic notices are deemed given 48 hours after dispatch.

22.6  No Third-Party Beneficiaries

Except as expressly provided in these Terms, there are no third-party beneficiaries to these Terms.

Section 23

Contact Us

If you have any questions about these Terms, your Account, your Membership, or the Platform, please contact us:

Email: support@nutricern.tech

Website: app.nutricern.tech

We aim to respond to all enquiries within 2 business days.