Terms of Service
Effective Date: August 5, 2026
1. Who We Are and Your Agreement to These Terms
Nutrical ("Nutrical," "we," "us," or "our") is a nutrition tracking application consisting of a website, a progressive web app, a mobile app, a barcode scanner, an AI camera, voice logging, and related features (together, the "Service").
Nutrical is operated by an independent sole trader established in the European Union:
- Country of establishment: Slovakia
- Email: [email protected]
These Terms of Service ("Terms"), together with our Privacy Policy, form a binding agreement between you and us. By creating an account or using the Service, you confirm that you have read and accept these Terms. If you do not accept them, please do not use the Service.
Nothing in these Terms limits or excludes any right you have under the mandatory consumer protection law of the country where you live. Where these Terms conflict with such a right, that right prevails.
2. Medical Disclaimer — Please Read This Carefully
NUTRICAL IS NOT A MEDICAL DEVICE, A HEALTHCARE PROVIDER, OR A SUBSTITUTE FOR PROFESSIONAL ADVICE. The Service provides nutritional estimates and tracking tools for general informational, educational and personal use only. It is not intended to diagnose, treat, cure, or prevent any illness, disease, or health condition.
Always consult a qualified doctor, dietitian, or other healthcare professional before changing your diet, starting a fitness programme, or acting on any information from the Service — and particularly if you are pregnant or breastfeeding, are under 18, have diabetes, kidney disease, a heart condition, or any other medical condition, or are taking medication affected by diet.
Allergies and intolerances. Nutritional data, ingredient lists, and allergen information in the Service come from AI estimates and third-party databases, and may be incomplete, outdated, or wrong. Never rely on Nutrical to determine whether a food is safe for you to eat. Always check the physical product packaging and ask the person who prepared your food. Getting this wrong can be life-threatening.
Disordered eating. Calorie counting and weight tracking are not appropriate for everyone and can be harmful to people with, or at risk of, an eating disorder. If tracking is affecting your wellbeing, please stop using the Service and speak to a healthcare professional or a local eating disorder support organisation.
Your use of, and reliance on, the Service is at your own discretion and risk.
3. Eligibility and Your Account
You must be at least 16 years old to use the Service. If you are between 16 and the age of majority where you live, you confirm that your parent or legal guardian has reviewed and agreed to these Terms on your behalf, where that is required by your local law.
You agree to provide accurate registration information and to keep it up to date. You are responsible for maintaining the security of the account you sign in with (for example, your Google account) and for activity that takes place under your account. Tell us promptly at [email protected] if you believe your account has been accessed without your authorisation.
One person, one account. Accounts are personal to you and may not be sold, shared, or transferred.
4. What Nutrical Does, and the Limits of Its Accuracy
Nutrical helps you log what you eat and estimates its nutritional content using AI image recognition, voice and text descriptions, barcode lookups, and third-party food databases including Open Food Facts and USDA FoodData Central.
- All nutritional figures are estimates. We do not warrant that any estimate, ingredient list, portion size, allergen flag, or calorie figure is accurate, complete, or current. Real foods vary, databases contain errors, and AI recognition can misidentify food entirely.
- You are responsible for verifying anything that matters. Check packaging and labels before relying on nutritional or allergen information.
- AI features depend on third parties. Section 5 of our Privacy Policy explains exactly which provider receives your food photographs and how that differs between the free trial and a paid subscription. Please read it before using the AI Camera.
- Voice logging uses your browser or device speech recognition, which in most browsers transmits your audio to the browser vendor. This is explained in Section 6 of our Privacy Policy.
5. Free Trial
We offer a 90-day free trial of Premium features to new accounts. To be clear about how it works:
- No payment method is required to start the trial. We do not ask for, and do not hold, your card details during the trial.
- The trial does not convert into a paid subscription, and you will never be charged automatically when it ends. There is nothing to cancel.
- When the 90 days end, your account simply reverts to the free tier. Your data stays where it is, and you keep access to the free features.
- One trial per account. The trial has no cash value and cannot be transferred, extended, or combined with another offer.
- During the trial, AI Camera images are processed on the free-tier AI route described in Section 5 of the Privacy Policy. Please read that section before using the feature.
6. Premium Subscriptions and Billing
Premium is an optional paid subscription. Prices, billing periods, and included features are shown on our pricing page before you buy, inclusive of any applicable VAT or sales tax.
- Payment processor. Payments are processed by Stripe. We never receive or store your full card number, CVC, or bank details.
- Automatic renewal. Subscriptions renew automatically at the end of each billing period at the then-current price, until you cancel. We will tell you before any price increase takes effect, and you may cancel before it applies.
- Cancelling. You can cancel at any time from your Profile page in the app. Cancellation stops the next renewal; your Premium access continues until the end of the period you have already paid for. You do not need to contact us to cancel.
- Failed payments. If a payment fails, we may retry it and may suspend Premium features until payment succeeds. Your logged data is not deleted.
- Deleting your account while subscribed. If you have an active paid subscription you must cancel it before deleting your account, so that you are not billed for a subscription attached to an account that no longer exists. Cancellation is immediate in the app, after which deletion is available.
7. Your Right to Cancel, and Refunds
14-day money-back guarantee — worldwide. If you are unhappy with a Premium subscription for any reason, email [email protected] within 14 days of the payment and we will refund it in full. We offer this to every user, in every country, regardless of whether local law requires it.
If you are a consumer in the EU, EEA, or United Kingdom, you additionally have a statutory right of withdrawal: you may withdraw from your purchase within 14 days of entering into the contract, without giving any reason. To exercise it, tell us clearly — by email to [email protected], or using the model withdrawal form at the end of these Terms. You may use any other clear statement; the form is optional. We will refund all payments received within 14 days of being informed, using the same payment method you used, at no cost to you.
Immediate access. Premium features unlock as soon as your payment succeeds. By completing the purchase you expressly request that we begin providing the Service immediately, during the withdrawal period. Where local law permits us to charge a proportionate amount for the period before you withdrew, we choose not to do so — within the 14 days you get a full refund regardless.
After 14 days, payments are non-refundable and we do not provide credits or partial refunds for unused portions of a billing period, except where the law where you live requires otherwise, or where we have failed to provide the Service.
Purchases made through an app store (Google Play or the Apple App Store) are refunded according to that store's own refund policy, and you should request the refund from the store rather than from us.
8. Acceptable Use
The Service is for your own lawful, personal, non-commercial use. You agree not to:
- reverse engineer, decompile, or disassemble the Service, except to the extent that applicable law expressly permits it despite this restriction;
- use scrapers, bots, or automated data-mining tools, or extract or reuse our databases in bulk;
- circumvent, disable, or interfere with security, authentication, rate limiting, or access controls, or attempt to access another user's account or data;
- resell, sublicense, or commercially redistribute the Service or its output;
- upload unlawful, infringing, malicious, abusive, or deliberately misleading content, or content that contains another person's personal data without their permission;
- use the Service to develop a competing product, or to train a machine learning model; or
- use the Service in a way that damages it, overloads it, or disrupts other users.
Security research. If you find a vulnerability, we welcome a report to [email protected]. We will not pursue you for good-faith research that respects other users' privacy, avoids service disruption and data destruction, and gives us a reasonable opportunity to fix the issue before disclosure.
9. Your Content and the Licence You Give Us
You own your content. The meals, food photographs, recipes, notes, and other material you submit ("Your Content") remain yours. We claim no ownership of it.
You grant us a non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit, display, and process Your Content solely so that we can operate and provide the Service to you. This licence exists only for that purpose, and it ends when you delete the content or your account.
We will not use Your Content to train our own AI models, and we will not publish it, license it to third parties, or use it in marketing without asking you first.
If you choose to publish a recipe or meal to a shared collection inside the Service, you grant other users a licence to view and use it within the Service. That licence ends when you remove the item or delete your account, though copies others have already saved may persist in their own accounts.
You confirm that you have the rights to submit Your Content and that it does not infringe anyone else's rights. If you believe content in the Service infringes your copyright, contact [email protected] with details of the work, the location of the material, and your contact details, and we will investigate and remove infringing material where appropriate.
10. Our Intellectual Property
We and our licensors own all rights in the Service, including its source code, algorithms, design, interfaces, text, graphics, logos, and the Nutrical name and branding. These Terms give you a limited, personal, non-transferable, revocable licence to use the Service — they do not transfer any ownership to you. You may not copy, modify, distribute, or create derivative works from our intellectual property without our written permission.
11. Third-Party Services
The Service relies on third parties including Google (sign-in, database, AI), Stripe (payments), Heroku (hosting), OpenRouter (AI), and food databases such as Open Food Facts, USDA FoodData Central, and Edamam. Your use of those services may also be governed by their own terms, and we are not responsible for their content, availability, accuracy, or practices. Section 8 of our Privacy Policy explains what each one receives.
12. Availability, Changes, Suspension and Termination
Availability. We aim to keep the Service running but do not guarantee uninterrupted availability. We may need to suspend it temporarily for maintenance, updates, or technical or security reasons, and will give notice where reasonably practicable.
Changes to the Service. We may add, change, or remove features. If we remove or materially reduce a feature you are paying for, we will give you reasonable notice and, if you are dissatisfied, you may cancel and receive a pro-rata refund of the unused part of your current billing period.
Your right to stop. You may stop using the Service and delete your account at any time, from your Profile page in the app. Deletion is immediate and permanent.
Our right to suspend or terminate. We may suspend or terminate your access if you materially breach these Terms — in particular Section 8 — or if we are required to by law, or if doing so is necessary to protect the Service or other users. Except where the breach is serious, unlawful, or we are legally prevented from doing so, we will warn you first, tell you why, and give you a reasonable opportunity to put things right. You may appeal any suspension by emailing [email protected].
If we terminate your account without good cause, we will refund the unused portion of any subscription you have paid for.
If we discontinue the Service entirely, we will give you at least 30 days' notice, provide a way to export your data, and refund the unused portion of any paid subscription.
After termination, Sections 9 (as to content already shared), 10, 13, 14, 15, 16, and 19 continue to apply.
13. Disclaimer of Warranties
TO THE EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT ANY NUTRITIONAL ESTIMATE WILL BE ACCURATE.
If you are a consumer, this section does not affect your legal rights. Consumer law in your country — including, in the EU and UK, the right to a service performed with reasonable care and skill and to digital content that is of satisfactory quality and as described — gives you guarantees that we cannot exclude, and nothing above limits them.
14. Limitation of Liability
Nothing in these Terms excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- gross negligence or wilful misconduct;
- any liability that cannot be excluded or limited under the law that applies to you, including your rights as a consumer.
Subject to the above, and to the extent permitted by law: we are not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill; and our total aggregate liability arising out of or relating to the Service is limited to the greater of (a) the amount you paid us in the 12 months before the event giving rise to the claim, or (b) EUR 100.
We are liable for loss that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill. We are not liable for loss that was not foreseeable, or that was caused by events outside our reasonable control.
Please re-read Section 2. We are not liable for health outcomes arising from your reliance on nutritional estimates, ingredient data, or allergen information in the Service, because the Service is informational and you are asked to verify anything that matters to your health.
15. Your Responsibility to Us
If you use the Service in breach of Section 8 and that causes a third party to bring a claim against us, you agree to be responsible for the reasonable losses, costs, and legal fees we incur as a direct result. This does not apply to anything caused by our own breach or negligence, and — if you are a consumer — it applies only to the extent your local law permits.
16. Governing Law and How Disputes Are Resolved
Talk to us first. Most problems are quickly resolved. Please email [email protected] describing the issue and what you would like us to do. We will respond within 30 days and will genuinely try to resolve it. We ask that you attempt this informal step before starting formal proceedings, and we commit to doing the same.
Governing law. These Terms are governed by the law of [[FILL IN: EU member state]], excluding its conflict of law rules and the UN Convention on Contracts for the International Sale of Goods.
If you are a consumer, this choice of law does not deprive you of the protection of the mandatory laws of the country where you habitually reside. Those protections continue to apply in full.
Courts. Disputes may be brought before the competent courts of [[FILL IN: EU member state]]. If you are a consumer resident in the EU, EEA, or United Kingdom, you may instead bring proceedings in the courts of the country where you live, and we may only bring proceedings against you there. Consumers elsewhere retain any equivalent right their local law provides.
Alternative dispute resolution. If we cannot resolve a complaint between us, EU consumers may refer it to a certified alternative dispute resolution body in their own country under Directive 2013/11/EU; your national consumer authority can tell you which body applies. UK consumers may use an approved ADR scheme. We are not obliged to participate in ADR, but we will consider any request in good faith.
Small claims. Nothing in this section prevents either of us from bringing a claim in a small claims court where it qualifies, or from seeking an injunction to protect intellectual property or stop misuse of the Service.
No class actions where you have agreed otherwise. Any dispute is brought in your individual capacity, except where the law where you live permits collective or representative consumer proceedings — in which case that right is unaffected.
There is no mandatory arbitration in these Terms. You are not required to give up access to the courts.
17. Changes to These Terms
We may update these Terms — for example, to reflect new features, or changes in the law. If a change is material or disadvantageous to you, we will give you at least 30 days' notice by email or in-app notice before it takes effect.
If you do not accept a change, you may stop using the Service and delete your account before it takes effect, and we will refund the unused portion of any subscription you have paid for. Continuing to use the Service after the effective date means you accept the updated Terms. Minor corrections that do not affect your rights may take effect immediately, with the Effective Date updated at the top of this page.
18. If You Installed Nutrical From an App Store
These Terms are between you and us, not between you and Apple or Google. If you installed the app from the Apple App Store or Google Play, your use is also subject to that store's terms, and any purchases made through the store are billed and refunded by the store under its own rules.
For iOS: Apple has no obligation to provide support or maintenance for the app; Apple is not responsible for any claim relating to the app, including product liability, legal compliance, or intellectual property claims; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
19. General
- Severability. If any provision of these Terms is found invalid or unenforceable, it will be modified to the minimum extent necessary, or removed, and the remaining provisions stay in full force.
- No waiver. If we do not enforce a provision, that is not a waiver of our right to enforce it later.
- Assignment. You may not transfer your rights under these Terms without our consent. We may transfer ours to a successor if the Service is sold or reorganised, provided your rights are not reduced; we will notify you if that happens, and you may cancel and receive a pro-rata refund.
- Entire agreement. These Terms and the Privacy Policy are the whole agreement between us about the Service. This does not exclude liability for fraudulent misrepresentation, or affect your statutory rights.
- Force majeure. Neither of us is liable for failure to perform caused by events beyond reasonable control, such as natural disasters, war, outages of essential third-party infrastructure, or government action. If such an event continues for more than 30 days, you may cancel and receive a pro-rata refund.
- Notices. We will contact you at the email address on your account or by in-app notice. Please keep it current. You can reach us at [email protected].
- Language. These Terms are written in English. Translations are provided for convenience; if there is a conflict, the English version governs, except where your local consumer law requires otherwise.
20. Contact
Questions about these Terms? Email [email protected] and we will get back to you.
Annex — Model Withdrawal Form
Complete and return this form only if you wish to withdraw from your purchase. You are not required to use it — any clear statement by email is enough.
To: [[FILL IN: full legal name of the operator]], [[FILL IN: full postal address]], [email protected]
- I hereby give notice that I withdraw from my contract for the supply of the following service: Nutrical Premium subscription
- Ordered on: _______________
- Name of consumer: _______________
- Address of consumer: _______________
- Email address on the account: _______________
- Signature (only if this form is sent on paper): _______________
- Date: _______________