These terms apply to the use of the Nutritom app ("the app") and the nutritom.app website. We have written them as clearly as we can. If you still have a question, e-mail us at tom@nutritom.be.
The Dutch version of these terms is the original. If the two versions differ, the Dutch version prevails, without prejudice to your mandatory rights as a consumer.
1. Who we are
Nutritom.app is a partnership between two companies:
- Devout BV operates the app and provides the technology. Registered office: Begoniastraat 28, 9920 Lievegem, Belgium. Registered with the Belgian Crossroads Bank for Enterprises under number 0643.596.186 (RLE Ghent, Ghent division), VAT BE 0643.596.186. Devout BV is your contracting party for using the app.
- NutriTom BV provides the coaching and advice: the coaches who check your plan work for NutriTom BV. Registered office: Eglantier 34, 9920 Lievegem, Belgium. Registered with the Belgian Crossroads Bank for Enterprises under number 1012.205.193 (RLE Ghent, Ghent division), VAT BE 1012.205.193.
In these terms we call them together "Nutritom", "we" or "us". Where the difference matters, we name the company.
2. When these terms apply
By creating an account or using the app, you agree to these terms. They form a whole with:
- the privacy policy, which explains what we do with your data;
- the health disclaimer;
- the Subscriptions & cancellation page, for the free trial and paid subscriptions.
Purchases in the App Store or Google Play are also subject to the terms of Apple or Google.
3. What the app does
Nutritom helps you understand what you eat. Among other things, the app offers:
- a daily calorie budget based on your goal, age, sex, height and weight;
- food logging with a photo, a description or a barcode, with an estimated calorie content;
- weight and step tracking, with a trend and an estimate for the coming days;
- nutrition plans (NutriPlans) with a week overview, shopping list, meal prep and recipes;
- an intake that suggests a nutrition plan, which a Nutritom coach checks.
We keep improving the app, so features may change, be added or be removed. If an important paid feature is removed, we will tell you in advance.
4. No medical advice
Nutritom provides general information and nutrition guidance. It is not a medical service and does not replace a doctor, registered dietitian or other healthcare professional. Please read the health disclaimer before using the app.
5. Your account
- You must be at least 18 years old to create an account.
- Provide correct information and keep it up to date. Your budget and your plan are only as good as what you enter.
- Your account is personal. Don't share your password with anyone. If you notice misuse, let us know straight away.
- You can delete your account at any time in the app, under Settings > Erase Data and Account.
6. AI estimates and generated content
Some features use artificial intelligence: the calorie estimate from a photo or description, recipes and tips based on your day. These results are created automatically and can be wrong. Check them and correct what is off, especially if you have allergies or intolerances.
Only upload photos of your food. Don't include other people or documents containing personal data.
7. The coach
After your intake, the app suggests a nutrition plan. A Nutritom coach checks that suggestion and may approve, adjust or reject it. Until then, you work with your calculated daily budget. We do not promise a fixed time within which your plan will be checked.
A coach provides nutrition guidance, not medical advice. Personal coaching with conversations, measurements and follow-up is not part of the app. You arrange it separately with NutriTom BV through nutritom.be, under the terms that apply there.
8. Free version, free trial and Premium
The free version includes, among other things, your daily budget and up to 4 entries a day. Premium adds, among other things, unlimited entries, nutrition plans and your full history. New users can try Premium once for 14 days for free.
You buy paid subscriptions through the App Store or Google Play. How that works, how to cancel and what your rights are is explained on Subscriptions & cancellation.
9. Your content
What you enter, such as photos, descriptions, weight and notes, remains yours. You only give us the right to use that content to make the app work for you, as described in the privacy policy. That right ends when you delete the content or your account. We don't use your photos for advertising and we don't sell them.
10. What is not allowed
You will not use the app to:
- break the law or infringe the rights of others;
- overload, hack, reverse engineer or copy the app or our servers;
- automatically extract (scrape) or resell content or nutrition plans;
- use the app for commercial purposes, such as coaching your own clients.
11. Intellectual property
The app, the website, the nutrition plans, texts, logos and design belong to Nutritom or our licensors. You get a personal, non-exclusive and non-transferable right to use the app for your own, non-commercial use, as long as you comply with these terms. You may not copy or distribute the nutrition plans outside the app.
12. Availability
We do our best to keep the app working well and securely. Still, we cannot guarantee that it will always work without interruptions or errors. The app may occasionally be unavailable for maintenance or updates.
13. Liability
Nutritom is a tool: you decide what you eat and how you move. To the extent permitted by law, we are not liable for:
- decisions you make based on estimates, calculations, plans, recipes or tips in the app;
- indirect damage, such as loss of income;
- interruptions or errors caused by force majeure or by third-party services, such as Apple, Google or your internet provider.
Our total liability is limited to the amount you paid for Premium in the 12 months before the event that caused the damage.
These limitations do not apply in case of intent or gross negligence, failure to perform an essential obligation, or death or personal injury caused by our fault. They also do not affect your statutory rights as a consumer, such as the legal guarantee on digital content and services.
14. Apple and Google
If you download the app from the App Store, Apple's Standard Licensed Application End User License Agreement (Standard EULA) also applies. These terms are an agreement between you and Nutritom, not with Apple or Google. Apple and Google are not responsible for the app or its content and have no obligation to provide maintenance or support. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.
15. Stopping and termination
You can stop at any time by deleting your account. Do cancel any running subscription in the App Store or Google Play first: deleting your account or the app does not stop the payments.
We may suspend or close your account if you seriously or repeatedly breach these terms. Except for urgent reasons, we will tell you first and give you the chance to respond.
16. Changes
We may change these terms, for example when the app changes or the law changes. We will announce important changes in advance in the app or by e-mail. If you don't agree, you can stop and delete your account.
17. Governing law and disputes
These terms are governed by Belgian law. If you live in another EU country, you keep the protection of that country's mandatory consumer rules.
Have a complaint? E-mail us first; we are happy to find a solution together. If that doesn't work, you can turn to the Belgian Consumer Mediation Service (consumentenombudsdienst.be). A dispute can also be brought before the court that has jurisdiction by law.
18. Contact
About the app: Devout BV
Begoniastraat 28, 9920 Lievegem, Belgium
E-mail: tom@nutritom.be
About coaching and advice: NutriTom BV
Eglantier 34, 9920 Lievegem, Belgium
Personal coaching: nutritom.be