AGREEMENT TO OUR LEGAL TERMS
We are Nutemi, Inc ("Company," "we," "us," "our"), a company registered in the United States at 111 NE 1st St, 8th Floor, Miami, FL 331.
We operate the mobile application Nutemi (the "App"), an AI nutritionist that analyzes food, provides meal recipes, and offers consultations on healthy lifestyles, as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by phone at 305-333-8015, email at marketing@nutemi.com, or by mail to 111 NE 1st St, 8th Floor, Miami, FL 331.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Nutemi, Inc, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 16 years old. Persons under the age of 16 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. USE OF PERSONAL DATA
6. PURCHASES AND PAYMENT
7. CANCELLATION
8. PROHIBITED ACTIVITIES
9. GUIDELINES FOR REVIEWS
10. MOBILE APPLICATION LICENSE
11. SOCIAL MEDIA PLUG-INS
12. PRIVACY POLICY
13. COPYRIGHT INFRINGEMENTS
14. GOVERNING LAW
15. DISPUTE RESOLUTION
16. CORRECTIONS
17. DISCLAIMER
18. LIMITATIONS OF LIABILITY
19. INDEMNIFICATION
20. OPT-IN POLICY
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
22. CALIFORNIA USERS AND RESIDENTS
23. MISCELLANEOUS
24. NEED HELP
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our Intellectual Property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only.
Your Use of Our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: marketing@nutemi.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your Submissions and Contributions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services.
When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.
This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright Infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the "COPYRIGHT INFRINGEMENTS" section below.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. USE OF PERSONAL DATA
5.1. Personal Data
In accordance with the General Data Protection Regulation (GDPR), "personal data" refers to any information related to an identified or identifiable natural person. An identifiable natural person is someone who can be identified, directly or indirectly, particularly by reference to identifiers such as a name, identification number, location data, online identifier, or factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that person.
Nutemi, Inc. processes personal data (e.g., email addresses, nutritional data within the App) strictly in compliance with applicable data protection laws. The following sections outline the nature, scope, and purpose of the collection, processing, and use of personal data.
5.2. Data Collection When Using the Nutemi Website
When visiting our website, the web server automatically records log files based on Nutemi's legitimate interests under Article 6(1)(f) GDPR. This is necessary for the App’s functionality and is not outweighed by the interest in protecting the user's personal data. These data include, for example, browser type and version, operating system used, referrer URL (the previously visited site), IP address of the requesting computer, access date and time of server request, and the file requested by the client (file name and URL). These data are collected solely for statistical analysis and security purposes (e.g., to investigate misuse or fraud) and are stored for seven days before being erased. If it becomes necessary to retain the data for a longer period for evidentiary purposes, they are exempt from erasure until the respective event is fully resolved.
5.2.1. Website Provision
Our IT infrastructure and associated services are provided by a reputable web hosting service. For hosting purposes, only the personal data collected by Nutemi will be stored on the servers of our hosting provider. These include, in particular, meta and communication data, contact data such as names and addresses, contract and payment data, and content data (completed forms). In this regard, the data are processed only to the extent necessary for fulfilling the hosting contract.
5.2.2. Use of Cookies
To make our website more user-friendly and effective overall, Nutemi and third parties engaged by Nutemi may store cookies on the user's hard drive, provided the user has consented to this in accordance with Article 6(1)(a) GDPR.
A cookie is a small text file used to record information regarding website usage. These cookies cannot execute programs or transmit viruses to the user's computer. They do not contain any personal data, cannot be attributed to specific persons, and, unless otherwise described, will be automatically deleted after one year at the latest. These data are not combined with other data sources.
It is also possible to use websites operated by Nutemi without cookies. The storage of cookies can be deactivated or limited to certain websites in the respective browser settings, or the browser can be configured to notify the user when a cookie is sent. The user can also delete cookies from their PC's hard drive at any time.
5.3. Personal Data When Using the Nutemi App
5.3.1. Required Information When Creating a Personalized User Account
To use the App, the user must provide the required information: "email address" and "password." These are used to identify the user and facilitate communication between the Provider and the user. The email address and all other user data cannot be viewed by other users, except when the user utilizes the "Buddies" feature (see 3.3.8). The data are stored based on the consent of each user under Article 6(1)(a) GDPR.
5.3.2. Use of the Nutemi App with the "Sign Up With Apple" / "Continue With Apple" Feature
The user has the option to create a Nutemi account via their Apple account. The user can register for or log in to Nutemi with this Apple account by using the "Sign Up With Apple" button on the website or the "Continue With Apple" button in the app during registration. When logging in using the Apple ID, the personal email address can be hidden or shared with Nutemi. With "Hide email address," the user can use Apple's email relay service to generate a generic alias address through which messages from Nutemi are forwarded to their private email address. "Continue with Apple" uses two-factor authentication, eliminating the need to assign an additional password. Further information about the method of operation and settings is available at: https://support.apple.com/HT210425.
5.3.3. Use of the Nutemi App with the "Sign Up With Google" / "Continue With Google" Feature
The user has the option to create a Nutemi account via their Google account. The user can register for or log in to Nutemi with this Google account by using the "Sign Up With Google" button on the website or the "Continue With Google" button in the app during registration. In this regard, Nutemi collects and stores the user's personal data through the Google account, such as the user's email address, and optionally first and last names, and the user's profile picture. The user can individually adjust the data transfer to Nutemi in their Google account under privacy settings. Further information about the method of operation and settings is available at: https://support.google.com/accounts/answer/2541991.
5.3.4. Data Provided by the User
When setting up a personalized user account, users may choose to provide additional information beyond the required email address and password. This optional information includes first name, last name, and place of residence. Nutemi records this data to enhance user experience and personalize services.
Furthermore, Nutemi collects data that users input through both personalized and anonymous accounts during app usage. This data contributes to creating a comprehensive user profile and encompasses various body and health metrics, including but not limited to:
Age/Date of Birth
Gender
Height
Dietary Preferences
Health Goals
Activity Level
Logged Activities
Caloric Intake and Expenditure
Initial Weight, Weight Progress, and Target Weight
Blood Pressure
App Subscription Status
Fasting Details
Water Consumption
Favorite Recipes
Sleep Duration
Number of Meals
Allergies/Restrictions
Preferred Foods
5.3.5. Data Automatically Recorded by Nutemi
Upon installing the Nutemi App, the following information is collected once:
This data is collected to enhance and personalize our services, based on our legitimate interest pursuant to Article 6(1)(f) GDPR.
5.3.6. Data Recorded During App Usage
While using the Nutemi App, we additionally collect:
This information is gathered to improve and tailor the services offered, in line with Nutemi's legitimate interests under Article 6(1)(f) GDPR.
5.3.7. Sharing Data with Friends
Users can share their data (as specified in section 3.3.5) with other Nutemi App users ("friends" or "buddies"). To invite friends, a unique link is generated in the Buddies section, which can be forwarded to selected individuals. This link is valid only once; if shared with multiple people, only the first person to click will be able to use it. Available messenger services on the user's device can be used to share the link, subject to their respective data protection policies.
Shared data will be visible to invited friends in the Buddies section. Only the current day's data is accessible; previous days' data will not be visible or trackable.
Users or their invited friends can terminate this data exchange at any time. Once a friend is removed from the Buddies list, no further data will be shared with them. The removed friend will not receive a notification about their removal.
5.3.8. Contractual Relationship and Payment Procedure
When establishing, structuring, or modifying a contractual relationship between the user and Nutemi, we store personal data (as detailed in sections 3.3.5 to 3.3.7) based on Article 6(1)(b) GDPR, as necessary for contract performance.
Upon redirection to the respective app store, Nutemi provides information such as the subscription's start and end dates, and if applicable, the termination date and reason. Payment processing data is collected directly by the app stores. Their data protection policies can be found here:
5.3.9. Use by children
Nutemi is aware of the importance of additional measures to protect the privacy of children. Persons under the age of 16 may not open an account unless a parent has consented in accordance with applicable law. Should Nutemi learn that personal data about a child under the minimum age were collected without parental consent, Nutemi will initiate steps to erase these data without delay. Parents who believe that their child has sent us personal data and would like to have these erased should contact Nutemi using the contact data
We accept the following forms of payment:
- Visa
- Mastercard
- etc
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
All payment transactions within the Nutemi App are subject to the terms and conditions and data protection policies of the respective payment service providers. These policies are accessible on the providers' official websites or transaction applications.
Stripe Payments
For processing payments, we utilize the services of Stripe Payments Europe Ltd., located at Block 4, Harcourt Centre, Harcourt Road, Dublin 2, Ireland. During the order process, user information—including name, email address, credit card details, subscription start and end dates, and, if applicable, termination data and invoice amounts—is transmitted to Stripe in accordance with Article 6(1)(b) of the General Data Protection Regulation (GDPR). This data is shared solely for the purpose of payment processing and only to the extent necessary. For more information on Stripe's data protection practices, please visit Stripe's Legal Page.
PayPal and Braintree
If you choose to make a payment via PayPal, the transaction is processed by Braintree, an online payment service provided by PayPal (Europe) S.à r.l et Cie, S.C.A., headquartered in Luxembourg. In this context, personal data such as name, address, phone number, and email address are transmitted to Braintree/PayPal. Further details on Braintree's data protection policies can be found at Braintree's Privacy Policy.
Apple Pay
Nutemi also offers the option to use Apple Pay, a mobile payment system by Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA. When using Apple Pay, Apple does not store any original credit, debit, or prepaid card numbers used by the user and has no access to them. Additionally, no backup of transaction data occurs that would allow conclusions to be drawn about the user. More information on Apple's data protection practices is available at Apple's Privacy Policy.
Google Pay
Furthermore, Nutemi supports Google Pay, a mobile payment system by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Google stores information about transactions made by the user and the selected payment method (debit or credit card). Data collected includes date, time, merchant location, merchant name, and merchandise description. Google may combine this data with information from other Google services that the user utilizes with their Google account. For more details, please refer to Google Pay's Privacy Notice.
7. CANCELLATION
All purchases made through the Nutemi App are non-refundable. You may cancel your subscription at any time by logging into your account. The cancellation will take effect at the end of the current paid term.
If you are unsatisfied with our Services, please contact us at marketing@nutemi.com or call us at 305-333-8015.
8. PROHIBITED ACTIVITIES
You are prohibited from using the Nutemi App ("Services") for any purpose other than those expressly permitted by us. Unauthorized commercial endeavors are strictly forbidden unless explicitly endorsed or approved by Nutemi, Inc.
As a user of the Services, you agree not to:
9. GUIDELINES FOR REVIEWS
We may provide areas within the Nutemi App ("Services") for users to leave reviews or ratings. When posting a review, you agree to adhere to the following guidelines:
We reserve the right to accept, reject, or remove reviews at our sole discretion. We are under no obligation to screen or delete reviews, even if they are considered objectionable or inaccurate by others. Reviews do not reflect our opinions or the views of our affiliates or partners, and we assume no liability for any review or related claims, liabilities, or losses.
By posting a review, you grant Nutemi, Inc. a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content related to your review.
10. MOBILE APPLICATION LICENSE
Use License
By accessing the Nutemi App ("App"), Nutemi, Inc. ("Company") grants you a revocable, non-exclusive, non-transferable, limited license to install and use the App on your personal wireless electronic devices. This license permits you to access and use the App strictly in accordance with these Terms and Conditions. You agree not to:
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple App Store or Google Play Store (each an "App Distributor") to access the Services:
By using the Nutemi App, you agree to adhere to these terms and conditions. If you have any questions or need further assistance, please contact us at marketing@nutemi.com or call 305-333-8015.
11. SOCIAL MEDIA PLUG-INS
Social Media Plug-Ins
With your explicit consent, as defined under Article 6(1)(a) of the General Data Protection Regulation (GDPR), Nutemi, Inc. ("Nutemi") integrates various social media plug-ins into our mobile application ("App") to enhance user experience, facilitate web analysis, and provide targeted content.
11.1. Facebook
Our App utilizes social plug-ins from the social network Facebook, operated by Meta Platforms Inc., located at 1601 Willow Road, Menlo Park, CA 94025, USA ("Facebook"). These plug-ins are identifiable by the Facebook logo or labels such as "Facebook Social Plug-In." A comprehensive list and visual representation of Facebook social plug-ins can be found here:
When you engage with a feature in our App that includes such a plug-in, your device establishes a direct connection to Facebook's servers. The plug-in content is transmitted directly from Facebook to your device and integrated into the App. Consequently, Facebook may collect data about your interactions, including the specific pages you visit within our App. If you are logged into your Facebook account, Facebook can associate your visit with your account. If you interact with the plug-in, for example, by using the "Share" button, this information is transmitted directly from your device to Facebook and stored there. Even if you are not a Facebook member, there is a possibility that Facebook will collect and store your IP address.
To prevent Facebook from associating your data with your Facebook account, please log out of Facebook before using our App and clear your browser cookies.
For more detailed information, please refer to Facebook's Data Policy:
11.2. Twitter
Our App incorporates features from Twitter, a service provided by Twitter Inc., located at 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. These features may include buttons that allow you to share content from our App on Twitter. If you are a registered user of Twitter, the platform may associate your interactions with these features to your Twitter profile.
For more information, please review Twitter's Privacy Policy:
11.3. Instagram
Our App also includes features from Instagram, operated by Meta Platforms Inc., located at 1601 Willow Road, Menlo Park, CA 94025, USA. These features may encompass content such as photos, videos, or text, as well as buttons for liking content and following content creators or our posts. If you are a member of Instagram, the platform may link your interactions with these features to your Instagram profile.
For more information, please consult Instagram's Privacy Policy:
Please be aware that Nutemi does not have control over the data collected by these third-party services via their plug-ins. We recommend reviewing the privacy policies of these services to understand the nature and purpose of their data collection and processing activities.
By using our App and engaging with these social media plug-ins, you consent to the processing of data about you by these third-party providers in the manner and for the purposes set out in their respective privacy policies.
11.4. Pinterest
Our App incorporates social media plug-ins from Pinterest, operated by Pinterest Europe Ltd., located at Palmerston House, 2nd Floor, Fenian Street, Dublin 2, Ireland. These plug-ins may include content such as photos, videos, or text, as well as buttons for liking content and following content creators or our posts.
If you are a member of the Pinterest platform, Pinterest can associate your interactions with these features to your profile. The information generated by the plug-in about your use of our App is transferred to a Pinterest server in the U.S. and stored there. In the event that IP anonymization is activated on this App, your IP address is first truncated by Pinterest within Member States of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transferred to a Pinterest server in the U.S. and truncated there. Pinterest uses this information on behalf of the operator of this App to evaluate your activity, compile reports on App activity, and provide other services related to App and internet use.
For more information, please refer to Pinterest's Privacy Policy
11.5. TikTok
Our App includes features from TikTok, provided by TikTok Technology Limited, located at 10 Earlsfort Terrace, Dublin, D02 T380, Ireland. This may include content such as videos, as well as buttons for liking content and following content creators or our posts.
If you are a member of the TikTok platform, TikTok can associate your interactions with these features to your profile. The information generated by the pixel about your use of our App is transferred to multiple TikTok servers, including those in third countries such as the U.S., and stored there. In the event that IP anonymization is activated on this App, your IP address is first truncated by TikTok within Member States of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transferred to a TikTok server in third countries and truncated there. TikTok uses this information on behalf of the operator of this App to evaluate your activities, compile reports on App activity, and provide other services related to App and internet use.
For more information, please refer to TikTok's Privacy Policy
11.6. YouTube
Our App features content from YouTube, operated by YouTube LLC, located at 901 Cherry Ave., San Bruno, CA 94066, USA. This may include videos, which allow users to like content and follow content creators or our posts.
If you are a member of the YouTube platform, YouTube can associate your interactions with these features to your profile. The information generated by the plug-in about your use of our App is transferred to a YouTube server in the U.S. and stored there. In the event that IP anonymization is activated on this App, your IP address is first truncated by YouTube within Member States of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transferred to a YouTube server in the U.S. and truncated there. YouTube uses this information on behalf of the operator of this App to evaluate your activity, compile reports on App activity, and provide other services related to App and internet use.
For more information, please refer to YouTube's Data Protection Policy
Please be aware that Nutemi does not have control over the data collected by these third-party services via their plug-ins. We recommend reviewing the privacy policies of these services to understand the nature and purpose of their data collection and processing activities.
By using our App and engaging with these social media plug-ins, you consent to the processing of data about you by these third-party providers in the manner and for the purposes set out in their respective privacy policies.
12. PRIVACY POLICY
We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
AI-Based Calculations & Limitations
Nutemi is an AI-powered application, and all calculations related to calories, hydration, macronutrients (protein, fat, carbohydrates), vitamins, microminerals, and minerals are generated automatically based on AI predictions. These calculations may not accurately reflect actual nutritional values and should not be relied upon for precise dietary or health decisions.
Nutemi is intended for informational and entertainment purposes only and does not provide medical, nutritional, or professional health advice. The application is not a substitute for consultation with a licensed healthcare provider, dietitian, or physician.
By using Nutemi, you acknowledge and agree that:
Educational and Informational Purposes Only
Nutemi is an artificial intelligence–powered informational platform focused on general health, diet, and wellness education. We do not provide medical advice, medical nutrition therapy, or personalized treatment plans, nor do we act in the capacity of a licensed dietitian, physician, or other healthcare professional.
Not a Substitute for Professional Advice
Our content is not intended to replace or substitute professional medical, nutritional, or other licensed advice or services. Always consult your doctor or another qualified healthcare provider regarding any medical condition, dietary regimen, or other health-related concerns.
Use at Your Own Risk
Any actions you take based on information provided by Nutemi are solely at your own risk. Nutemi does not assume any liability for your reliance on AI-generated content.
No Practitioner-Patient Relationship
Your use of our Services does not create a doctor-patient, dietitian-patient, or any other practitioner-patient relationship between you and Nutemi. By using Nutemi, you acknowledge and agree that Nutemi does not require or hold any medical or nutritional license under U.S. or state law.
Personal Information You Provide Voluntarily
Non-Personal Information
Important: Nutemi does not collect or store any Protected Health Information (PHI) as defined by the U.S. Health Insurance Portability and Accountability Act (HIPAA). Likewise, we do not request or require medical condition or treatment data.
Account and Data Deletion
Users have the right to request the deletion of their account and associated data. You can request account deletion in the following ways:
Upon account deletion, all associated user data will be permanently removed, unless retention is required for legal, security, or compliance reasons. If data retention is necessary, we will notify you and outline the specific reasons in accordance with our data retention policy.
13. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
14. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida, without regard to its conflict of law principles.
15. DISPUTE RESOLUTION
Any legal action of whatever nature brought by either you or us (collectively, the "Parties" and individually, a "Party") shall be commenced or prosecuted in the state and federal courts located in Florida, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
16. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
17. DISCLAIMER
THE SERVICES PROVIDED BY NUTEMI, INC ("NUTEMI") ARE OFFERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. BY USING THESE SERVICES, YOU ACKNOWLEDGE THAT SUCH USE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NUTEMI DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR UTILIZATION THEREOF. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NUTEMI MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT AVAILABLE THROUGH THE SERVICES OR ANY EXTERNAL LINKS TO WEBSITES OR MOBILE APPLICATIONS. FURTHERMORE, NUTEMI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING:
NUTEMI DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING. NUTEMI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
18. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL NUTEMI, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF NUTEMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NUTEMI'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NUTEMI FOR THE SERVICES DURING THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. CERTAIN STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
20. OPT-IN POLICY
Nutemi, Inc. is committed to protecting the confidentiality, integrity, and availability of all data within the organization, ensuring that business is conducted securely and effectively.
We recognize that protecting information is vital to the company's success and its relationships with stakeholders, partners, and customers. This Information Security Policy outlines the framework by which Nutemi, Inc. manages, controls, and protects its information assets.
Purpose
The purpose of this Information Security Policy is to establish guidelines that minimize risk to Nutemi, Inc., its business partners, and its stakeholders by safeguarding information assets.
Audience
This Information Security Policy applies to all individuals, entities, or processes that interact with any Nutemi, Inc. Information Resource.
Responsibilities
By using the Services, you acknowledge and agree to adhere to this Information Security Policy.
Policy
Nutemi, Inc. has established a comprehensive Information Security Program designed to:
This policy ensures that Nutemi, Inc. maintains robust security measures to protect sensitive information and comply with relevant regulations.
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
By accessing the Services, sending emails to us, and completing online forms, you are engaging in electronic communications. You consent to receive electronic communications from us and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and through the Services, satisfy any legal requirement that such communications be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
22. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
23. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
24. NEED HELP?
Nutemi, Inc. is dedicated to transparency and security. If you need assistance, please contact us at:
Phone: 305-333-8015
Address: 111 NE 1st St, 8th Floor, Miami, FL 33131
Email: marketing@nutemi.com
Call us directly if you need any urgent help. Our agents will help you
Email us directly if you need any help. Our agents will help you
