TERMS OF SERVICE

NutriMotion LTD · Version 2026-09-12
Publication date: 12 September 2026 · Last updated: 12 September 2026

Agreement to these Terms

These Terms govern access to and use of NutriMotion, its Apple Watch (watchOS) and Wear OS companion applications, optional connected fitness services including the Garmin connection when available, and related services that identify these Terms as applicable, together the Services. They are between you and NutriMotion LTD, a company registered in Scotland under company number SC838276, whose registered office is Clyde Offices, 2nd Floor, 48 West George Street, Glasgow, Scotland, G2 1BP, United Kingdom, referred to below as we, us or our.

You can contact us at [email protected] or the company postal address in section 31. Please retain a copy of these Terms and the purchase information supplied when you subscribe.

Please read these Terms before accepting them. This version is published on 12 September 2026 and applies to a new agreement when you expressly accept it on or after that date. For an existing account, a material change applies only after the notice and agreement required by section 18; publication alone does not backdate acceptance, shorten an applicable notice period or remove an accrued claim. Section 19 chooses Scots law and sets out the court arrangements. Section 20 sets out arbitration seated in Glasgow, with different consent requirements for consumers and genuine non-consumer contracts. A purchase is also subject to the clearly displayed plan, price, billing and trial terms at checkout and the applicable app-store transaction terms. These Terms do not override mandatory rights arising from that transaction. Our Privacy Policy explains personal-information processing; acknowledging it is not blanket consent to that processing.

The general Services are intended for people aged 13 or older, subject to any higher age requirement under applicable law. A person below the age of majority must have the permission and appropriate involvement of a parent or guardian and any authorisation required by law. We may require proportionate evidence of eligibility. Parental permission does not validate processing or access that the law or a provider prohibits.

Cloud Food Scan is restricted to people aged 18 or older and to territories and service configurations in which we are authorised to provide it. We may withhold that feature from a user or market to comply with law or a provider restriction. Do not misrepresent your age, use another person's account or circumvent an eligibility control.

Scottish governing law and dispute resolution. These Terms select Scots law, including applicable United Kingdom legislation as it applies in Scotland. The contractual arbitration seat is Glasgow, Scotland, and the Scottish courts are the agreed court forum subject to the consumer protections in section 19. Consumers are not required by these Terms to arbitrate: a consumer dispute may be referred to binding arbitration only through a separate, informed agreement after that dispute arises. Section 20 contains a binding arbitration agreement for genuine non-consumer contracts. Neither the Scottish-law choice nor a regional notice removes a mandatory statutory right.

Material changes to these Terms are governed by section 18. NutriMotion LTD is your contracting party. Its director, employees and agents do not assume a personal contractual obligation or guarantee merely by developing, operating or supporting the Services. This does not exclude a person's liability for their own unlawful conduct or a duty imposed directly on them by law.

Contents

1. Our Services and their intended purpose
2. Intellectual property rights
3. Your representations and eligibility
4. Account registration and security
5. Purchases and payment
6. Subscriptions, trials, cancellation and refunds
7. Software and permitted use
8. Prohibited activities and API protection
9. Your content and sharing
10. Content licence
11. Mobile application, Apple Watch and Wear OS terms
12. Social features and external sharing
13. Third-party services and content
14. Service management and moderation
15. Privacy and consent
16. Copyright and unlawful-content reports
17. Suspension and termination
18. Changes, updates and interruptions
19. Scots law and court jurisdiction
20. Complaints and arbitration in Glasgow
21. Errors and corrections
22. Health, AI, route and data limitations
23. Our responsibility and limitations of liability
24. Misuse, indemnity and third-party claims
25. Your data, storage and recovery
26. Electronic communications and records
27. Verification messages and notifications
28. Additional consumer protections
29. General contractual provisions
30. Open-data and third-party licences
31. Contact us

1. Our Services and their intended purpose

NutriMotion provides personal nutrition and fitness recording, estimates, workout and training tools, progress tracking, optional progress-photo storage, authorised health-platform integrations, Apple Watch and Wear OS companion functions, route planning and activity tracking, optional activity imports and course exports, and supported social and sharing functions. Functionality can vary by device, operating system, permission, subscription, location and feature availability disclosed to you.

The Services are for general fitness, wellbeing and informational use. They are not a healthcare provider, medical diagnosis or treatment service, emergency service or substitute for appropriate professional advice. Use does not create a clinician-patient relationship. A training suggestion, recovery score, calorie target or AI estimate is not a medical finding or a promise of an outcome.

You must not use the Services for clinical decisions, medical-device functions, medication dosing or other regulated healthcare purposes for which they are not provided. A professional wishing to use the Services with clients must obtain any required separate authorisation from us and remains responsible for professional obligations; that does not transfer our own legal duties to that professional.

We are responsible for compliance obligations imposed on us. You are responsible for your own lawful use. A foreign user's access does not waive local consumer law or shift our data-protection obligations to that user. We may restrict distribution or a feature where necessary to meet applicable requirements.

2. Intellectual property rights

We or our licensors own the rights in the application software, original interface, branding, documentation and other content supplied by us, except for your content and material governed by an identified third-party licence. These Terms do not transfer ownership of those rights.

For supported distributions other than an Apple-distributed copy governed by section 11, and subject to these Terms and your entitlement, we grant you a limited, non-exclusive, non-transferable licence to install and use the application on compatible devices you own or control for personal, non-commercial use. An Apple-distributed copy has the application licence identified in section 11. Applicable store usage rules and mandatory statutory rights remain effective. You may export your own data and use sharing features for their intended purpose.

You must not reproduce, distribute, sell or license our proprietary software or branding beyond this permission or another applicable licence. Do not imply that we endorse you or your product without authorisation. These restrictions do not override open-source or open-data rights, a statutory exception or rights in your own material.

You retain ownership of your content. Section 10 specifies the limited permission needed to operate the Services; uploading a photograph does not transfer its copyright or your privacy rights to us.

3. Your representations and eligibility

You confirm that you meet the applicable age and capacity requirements; the registration and eligibility information you provide is accurate to the best of your knowledge; you have authority to submit material and exercise account controls; and you will use the Services lawfully and in accordance with these Terms.

Keep information relevant to account security, age eligibility and subscription administration reasonably up to date. An innocent error in a food entry, body measurement or estimate is not, by itself, fraud or grounds for arbitrary termination. We may request a correction or proportionate eligibility verification where reasonably necessary.

You must not provide someone else's health information, private photograph or identifying route without the required authority and permissions. Where applicable law prevents us from offering a feature to you, you must not circumvent that restriction.

4. Account registration and security

Some functions require an account. Protect your sign-in credentials and recovery information, use reasonable device security and notify us promptly of suspected unauthorised access. Do not sell an account, let another person impersonate you or share credentials in a way that bypasses an entitlement or age restriction.

You are responsible for actions you authorise and for losses attributable to your own breach to the extent established under applicable law. You are not automatically responsible for every unauthorised action merely because it occurred through your account, particularly where caused by a failure for which we are responsible.

We may change or require a change to a username that is unlawful, impersonates another person, infringes rights or contains material prohibited by section 8. Where reasonably possible, we explain the issue and provide an opportunity to select an appropriate alternative.

Sign-in through Apple or Google is also subject to that provider's account arrangements. Removing a sign-in method can affect access; it does not necessarily cancel a subscription, delete your account or recover encrypted content.

5. Purchases and payment

Subscription purchases are processed through the Apple App Store or Google Play, as applicable. RevenueCat helps us verify purchases and manage access. We do not process your full payment-card details directly.

The purchase screen identifies the product, price, currency, billing period, taxes where applicable, renewal conditions and any trial or introductory offer. Your store's displayed local-currency price governs; these Terms do not impose a different price simply because our company is based in the United Kingdom. We do not add an undisclosed payment obligation by changing a help page or these Terms.

Maintain accurate billing information with the store. If a payment fails, the store's retry or grace-period arrangements and your entitlement determine continued access. Contact us about an incorrect entitlement so that we can investigate. Refunds, statutory cancellation and remedies for defective service are addressed in section 6; store procedures do not eliminate a right imposed by law.

6. Subscriptions, trials, cancellation and refunds

6.1 Renewal and trials

A recurring subscription renews for the billing period shown at purchase unless cancelled in accordance with the disclosed store process. Any trial or introductory offer must identify its duration, eligibility conditions, the amount and frequency payable afterwards and how to prevent a charge. An offer applies only where it is actually shown to you; these Terms do not promise a trial for every account or purchase.

Complete cancellation before the renewal or trial deadline shown by your store. We provide required renewal information and comply with applicable consent and reminder requirements. A trial does not authorise charges that were not properly disclosed and agreed.

6.2 How to cancel

Use the subscription-management settings of the store through which you subscribed: your Apple account's subscriptions or Google Play's subscriptions. Where supplied, the application's subscription-management link directs you to the appropriate process. If you cannot access that process, contact [email protected] promptly with information sufficient to identify the purchase; do not send payment-card credentials.

Ordinary cancellation stops future renewals and normally leaves access until the paid period ends. Trial access and any immediate termination follow the clearly disclosed store and offer terms, subject to law. Uninstalling the application or deleting a NutriMotion account does not, by itself, cancel a store-managed subscription. We will provide reasonable assistance where account closure and store billing interact.

6.3 Price or plan changes

Price increases and changes to a recurring plan apply only following the notice, consent and cancellation rights required by the applicable store rules and law. We do not retrospectively increase the price of an already paid period. Where a proposed material change disadvantages you, you may cancel before it applies without a contractual cancellation penalty, without prejudice to any additional statutory right.

6.4 Statutory withdrawal and digital supply

Consumers in the United Kingdom, EEA and other jurisdictions may have a statutory cooling-off or withdrawal right for an online purchase. Where the ordinary UK/EEA 14-day period applies, it generally runs from conclusion of the relevant service or digital-content contract, not from the date these Terms happen to be read. The information supplied at purchase must explain the right and any lawful exception; a missing notice can affect the period.

For a service, an express request to begin during the withdrawal period can affect the amount payable for service actually supplied before withdrawal, where the legal conditions are met. It does not automatically remove the entire right on first use. Loss of the right following full performance requires the applicable prior consent, acknowledgement and other legal conditions.

For digital content supplied without a physical medium, loss of a statutory withdrawal right on supply requires the legally necessary prior express consent to early supply, acknowledgement of the consequence and contractual confirmation. Merely opening the application, accepting this general clause or using a trial is not a substitute. The legal classification of the particular supply governs; calling every subscription digital content does not change that classification.

You can exercise an applicable right by a clear cancellation statement to the contracting trader or store identified in the purchase information, and may contact us for assistance. Where we are responsible for the transaction, send the statement to [email protected] or the postal address in section 31. The following optional form may be used, but is not compulsory:

Withdrawal form: To NutriMotion LTD, using the contact details in section 31. I give notice that I withdraw from my contract for the following service or digital content: [identify purchase]. Ordered on: [date]. Name: [name]. Address or account/purchase contact: [details]. Date: [date]. Signature: [only where submitted on paper].

6.5 Refunds and remedies

Store refund procedures are available for purchases made through that store. We will provide reasonable cooperation, but those procedures do not exclude any refund, repeat performance, repair, replacement, price reduction, compensation or cancellation required by applicable consumer law. Your rights for defective or misdescribed Services are separate from a change-of-mind withdrawal right.

Where we permanently discontinue a paid service or terminate without your material breach, we will arrange any required refund for prepaid service that will not be provided. We do not reserve a right to keep payment for a service we are legally required to refund.

7. Software and permitted use

Use the Services through supported applications and interfaces and in accordance with any documented permission for integrations. You may install updates and use export, sharing, accessibility and automation functions made available for their intended purposes. An expressly permitted interface is not permission to access another person's information or evade service limits.

We may supply updates necessary for security, compatibility or conformity with the contract and must supply updates required by law. You should install necessary updates within a reasonable period after being informed of them and the consequences of not installing them. We cannot rely on your failure to update to avoid responsibility where the law requires adequate notice or instructions and we have not provided them.

Open-source components remain subject to their own licences. Nothing in these Terms removes a non-excludable right to observe, study, test, decompile for permitted interoperability or otherwise use software under applicable law. Such a right does not authorise intrusion into our servers or misuse of someone else's data.

8. Prohibited activities and API protection

You must not, directly or through another person:

1. Access without authority. Access or attempt to access another account, private record, object-storage file, encryption key, administrative function or system without permission; obtain credentials through phishing, deception, credential stuffing or other unlawful means; or exploit a defect to obtain information or privileges you are not entitled to receive.
2. Defeat security or payment controls. Bypass authentication, authorisation, app integrity or attestation, entitlement checks, signed-URL restrictions, storage controls, access revocation, age controls, rate limits or payment verification; forge receipts, tokens, authorisation callbacks, activity-import messages, webhooks or account attributes; or reuse credentials, requests or object URLs outside their permitted scope. Do not use a linked fitness account's credentials to obtain data or trigger exports beyond the authorisation granted.
3. Abuse APIs or infrastructure. Use the Services, including Firebase, Gemini, Garmin integration services, cloud functions, map or geocoding services and storage endpoints made available through the application, for unauthorised bulk extraction, resale, unrelated processing, denial of service, excessive automated requests, resource exhaustion or cost amplification. An endpoint or credential visible in a client is not an invitation to unrestricted use.
4. Evade limits. Create or rotate accounts, devices, identities, network addresses or requests to evade a quota, suspension, trial limit, eligibility condition or security measure; deliberately misrepresent usage; or circumvent a reasonable technical limit disclosed for a feature.
5. Use malicious modifications. Alter, patch, inject code into, tamper with, redistribute or operate a modified client for the purpose of bypassing controls, misappropriating content, falsifying purchases or activity, concealing abuse or compromising the Services. Do not distribute malware, stolen credentials or tools designed to facilitate that misuse. This is not a prohibition on every modification permitted by law or an open-source licence.
6. Misuse AI functions. Turn a bounded food-estimation feature into an unauthorised general-purpose API relay; deliberately circumvent applicable safety controls; use the service to extract protected model internals or another user's inputs; or submit material or instructions for an unlawful or prohibited purpose. A commercially available subscription is not unlimited access to the underlying AI provider.
7. Harm or exploit others. Stalk, dox, threaten, harass or impersonate another person; publish private locations or health information without authority; distribute unlawful, infringing, fraudulent or exploitative content; sexually exploit children; or upload non-consensual intimate material. In social, group, profile, messaging and other shared areas, do not post pornography, sexually explicit material, sexual solicitation, or content that promotes violence, dehumanisation or discriminatory abuse against a person or group because of race, ethnicity, nationality, religion, sex, gender identity, sexual orientation, disability or a comparable protected characteristic. These community restrictions apply even where the particular material is not otherwise illegal. They do not prohibit ordinary non-sexual fitness photographs, respectful discussion or reporting abuse. Do not use public routes or social data to identify or pursue a person.
8. Manipulate community functions. Send spam, fraudulent invitations or deceptive promotions; falsify reports or knowingly misuse complaint procedures; evade moderation decisions; or interfere with another user's legitimate use.
9. Infringe protected rights. Remove required notices, misrepresent ownership or use proprietary software, branding or data beyond your permission, subject always to section 30 and mandatory legal exceptions.

Reasonable rate, storage, concurrency and feature limits may be used to protect users and manage service costs. Material limits of a paid offering must be disclosed before purchase. Limits are not a pretext to withdraw the substance of a paid service without the rights in sections 6, 17 and 18. Temporary emergency controls may be applied proportionately to prevent actual abuse or a security incident.

These restrictions do not prohibit honest criticism, a genuine consumer complaint, accessibility tools, ordinary permitted personal use, lawful export of your own data, use authorised by a third-party licence or security research protected by law. They do not create general permission to conduct penetration tests, access third-party information or overload production systems.

Report a suspected vulnerability privately to [email protected], using only the information necessary to explain it. Stop once a risk is demonstrated, avoid accessing other users' information, and request written scope before further intrusive testing unless a non-excludable legal right permits it. We will assess good-faith reports on their merits rather than treat criticism of a defect as prohibited disparagement.

9. Your content and sharing

Your content includes photographs, text, recipes, routes, workout records, messages and other material you submit. Private content is material submitted for personal storage or processing without an instruction to publish it. Shared content is material you deliberately make available to specified users, through a link or publicly using a sharing function. A public-content clause does not convert private content into shared content.

You retain your rights in your content and must have the rights and permissions necessary for the use you request. Do not submit material that infringes another person's intellectual property, privacy or other rights. Ordinary non-sexual fitness progress photographs are not prohibited merely because they show the body. Private photo storage is intended for fitness-progress images, not pornography or sexual services. Unlawful, exploitative and non-consensual material is prohibited in both private and shared features; the additional community restrictions in section 8 apply to shared features.

Before sharing, review the audience and the content actually included. A route can reveal your home or routine; a comparison image can identify you; a message or shared list can reveal health information. A link can be forwarded. People who receive content may retain a copy independently, subject to their own legal obligations. Withdrawing a share from our live Services does not guarantee that every independently made copy disappears.

You can remove supported content through the relevant function or contact us. Where private and public route copies are separate, removing the private saved copy does not, by itself, unpublish the shared copy. We remain responsible for handling valid privacy and removal requests concerning information under our control.

10. Content licence

You grant us a non-exclusive, royalty-free licence to host, store, reproduce, transmit, decrypt where technically necessary and authorised, resize, reformat and otherwise process your content only to provide the functions you request, maintain and secure them, resolve support and moderation issues and comply with applicable law. For client-encrypted material, that permission does not imply that we possess the key or can read the encrypted payload.

For shared content, the licence also permits display and distribution to the audience you choose and the ordinary sharing, saving or route-use functions presented with that publication. It does not authorise public display of private content. Recipients receive only the permission reasonably necessary to use the shared feature, subject to any separate valid licence expressly identified at submission.

We may allow our service providers to exercise these permissions solely as necessary to perform those tasks, under appropriate restrictions. We do not acquire a right under this clause to sell your personal photographs, use your name or likeness in advertising, license your health diary to unrelated parties or train general-purpose AI models on private content. A food image intentionally submitted for cloud analysis is processed for that requested function as explained in the Privacy Policy.

The licence lasts only while necessary for those purposes. After deletion or unsharing, it ends except for limited lawful retention, recovery copies pending expiry and processing needed to give effect to your instructions or protect legal rights. It does not cancel a lawful licence you have independently granted to another recipient or a separately identified open-data contribution. Privacy and erasure rights remain effective.

For non-confidential product suggestions you voluntarily submit, you grant us a perpetual, worldwide, non-exclusive, royalty-free licence to use, adapt and incorporate the suggestion into our products and related documentation, and to allow our development providers and a successor to do the same, without an obligation to pay for or adopt it. You retain your underlying ownership. This permission concerns the suggestion, not a general right to publish your correspondence, identity, private photographs or health information. It does not override privacy rights. Permission for technical formatting of other content remains limited to the service purposes above; no blanket waiver of moral rights is required.

11. Mobile application, Apple Watch and Wear OS terms

These service terms extend to supported Apple Watch and Wear OS companion functions. The applicable application licence for each distributed copy is described below. A companion can provide workout controls, weight-training logging, rest timers, daily summaries and route guidance, and can record supported watch-started workouts locally. Supported functions depend on the device, software, permissions and phone relationship; describing both companions does not promise identical performance or every function on every device.

Independent watch recording, phone/watch synchronisation, sensor accuracy, battery use and connectivity affect the results. A pending watch record may not yet be saved in your NutriMotion cloud account. Confirm successful synchronisation before removing application data or disposing of a device where you need to keep an unsynchronised record. This precaution does not waive a remedy for a failure for which we are legally responsible.

On Apple Watch, an authorised watch-local workout may also be recorded in Apple Health through HealthKit, separately from the record imported into NutriMotion. Deleting one copy does not necessarily delete the other. Section 22 applies to wearable estimates and guidance as well as phone estimates. Section 13 describes the separate optional Garmin connection; it is not a NutriMotion watch application installed on a Garmin device.

Apple-distributed applications

An Apple-distributed copy is licensed under Apple's Standard Licensed Application End User Licence Agreement where that standard agreement applies to the copy supplied to you. These Terms govern your NutriMotion account and online Services; they are not a custom EULA replacing Apple's standard application licence. Any different application EULA validly supplied and agreed for a particular copy remains subject to its own terms and applicable law.

For matters governed by a separately applicable Apple application licence, that licence prevails over an inconsistent term here, including its applicable licence, remedy or forum provisions. Section 19 selects Scots law for this separate account and service contract; it does not purport to amend the terms of the application licence itself. For the separate account and service relationship governed by these Terms, NutriMotion LTD, not Apple, is the contracting service provider. Nothing in these Terms reduces Apple's rights or the developer responsibilities required by the applicable Apple licence and distribution arrangements.

Use must comply with the relevant Apple Usage Rules, including permitted Family Sharing, and lawful export and sanctions restrictions. Contact [email protected] or the company postal address in section 31 for NutriMotion support and claims. Apple does not become responsible for operating NutriMotion's online service merely by distributing the application.

Google Play and other platform requirements

Use through Google Play and Wear OS remains subject to the relevant platform's applicable transaction and usage rules. No platform term releases us from obligations imposed on the developer by law. A third-party beneficiary right is not granted to every platform merely because the application is distributed through it.

12. Social features and external sharing

Use friends, groups, shared lists and route publication only for their intended purposes and with respect for other users' rights. You may report unlawful or abusive conduct through an available reporting control or [email protected]. We may restrict interactions or content under sections 14 and 17.

When you direct the application to share an image, route, workout or other material to another application, the destination's terms and privacy arrangements apply to that external copy. We do not control an independent platform's operation, but remain responsible for our own conduct and any duties the law places on us. Do not assume that changing one NutriMotion profile-privacy setting changes every previous share or external copy.

13. Third-party services and content

The Services depend on third-party infrastructure, app stores, health platforms, food and map data, geocoding and AI services. Those dependencies can affect availability and accuracy. A link or integration is not an endorsement of every statement or activity of its provider.

You must observe any lawful third-party terms made applicable to your use and notified appropriately. We will not incorporate a materially burdensome new obligation merely by adding an undisclosed link after purchase. Open-data and open-source licences are addressed separately in section 30.

We are not responsible for an independent transaction you enter into with a third party merely because our application links to that party. This does not exclude responsibility for the third-party services we use to perform our own contractual obligations where the law makes us responsible.

13.1 Optional Garmin connection

The Garmin connection is being developed and is available only when the relevant Garmin-approved API capability, supported account and compatible software or device are available. A reference to it in these Terms or the Privacy Policy is not a representation that it has launched, a guarantee of a release date or permission to use an unofficial Garmin service. Course export and activity import may be enabled separately. An unreleased capability is not included in a purchase unless it was expressly and lawfully promised as part of that purchase.

You may link only an account you own or are lawfully authorised to control, using Garmin's official authorisation process. Do not give NutriMotion your Garmin password. An authorised connection allows only the transfers and permissions described when you connect or select the relevant action. You can decline or revoke access; doing so can stop the dependent feature without ending the rest of your NutriMotion account.

A course export sends a selected route to Garmin Connect for use with compatible Garmin devices. An activity import receives authorised recorded workouts and their available route and activity measurements for inclusion in NutriMotion. These are not a promise to synchronise every record in both directions, to duplicate Garmin's entire account functionality, or to import data categories outside the granted permissions. Automatic delivery depends on the device synchronising with Garmin and on the necessary phone and service connectivity. Check that a course is on the intended device before relying on it outdoors.

You authorise us to perform the selected transfer, including the necessary format conversion and use of the relevant official API, subject to the separate data permissions required by law. We remain responsible for obtaining the developer permissions and complying with obligations imposed on us. You remain responsible for your Garmin account use under the applicable Garmin terms and for selecting material you are entitled to transfer. No clause transfers our own privacy or security duties to you.

Imported values can differ between systems because of units, recorded data, processing or estimation methods. Delayed, duplicate, incomplete or unsupported data can require correction or a fresh import. Preserve source attribution where supplied. The safety and accuracy provisions in section 22 apply equally to a Garmin course or imported activity. The connection does not certify that a route is safe, accessible or lawful.

Unlinking stops future exchanges within the connection; a transfer already completed may have created a separate record. Manage retained NutriMotion imports and Garmin records through their respective deletion controls or support channels. Provider terms or applicable law may require earlier removal of particular imported information. Our Privacy Policy explains the information, authorisation, storage, recipients and withdrawal process; Garmin explains its independent processing in the Garmin Connect Privacy Policy.

We may suspend or change the connection where reasonably necessary because an authorisation expires, Garmin changes or withdraws an API, a security risk arises, or a legal or contractual requirement prevents continued provision. Sections 6, 17 and 18 preserve your rights where a paid commitment is affected. These Terms do not grant an unrestricted right to remove an agreed paid function without the remedy required by law. Garmin's name identifies the relevant provider and compatibility; it does not state that Garmin sponsors NutriMotion or has approved an unreleased feature.

13.2 Activity and route files

Where supported, you may import or export an activity or route file for its intended purpose. A manual file transfer is not an automatic account connection, and export is not proof that another service or device has accepted the file. You must have the necessary rights to the records you supply. Files can contain precise locations, timestamps, health measurements and device metadata; review the destination before sharing. Private activity records do not become part of the public Food Database through import.

14. Service management and moderation

We may apply proportionate controls to protect the Services, enforce these Terms and comply with law. This can include rate limiting, investigating a credible report, requesting clarification, restricting a share, removing unlawful content or temporarily limiting account functions. The grounds include the specific prohibited activities in section 8, a substantiated rights infringement, a material security risk or a binding legal requirement.

Decisions take account of the seriousness, evidence, recurrence and effect of the conduct and the rights of affected users. We do not reserve an unrestricted right to remove lawful private content for an unrelated commercial purpose. Nor do we claim that every encrypted private photograph is routinely readable or pre-screened by us. Security and access controls can act on account or request information without reading encrypted payloads.

Where lawful and reasonably possible, we explain a restriction, identify the material contractual or legal ground and provide an opportunity to correct the issue or contest the decision. We may withhold information that would unlawfully disclose another person's information, prejudice a lawful investigation or enable abuse. Immediate action may be necessary for serious safety or security risks.

Send a challenge to [email protected], identifying the account or content and the reason you disagree. We will review the relevant information and provide the explanation or remedy required by law. Any applicable statutory notice-and-action, statement-of-reasons, complaint or external dispute rights remain available. Terms alone do not replace those processes.

15. Privacy and consent

Our Privacy Policy and separate Consumer Health Data Privacy Notice are available on our website. They explain relevant information, providers, purposes, rights and retention.

An agreement to these Terms is not consent to every use of health or location information, cloud AI processing or international transfers. We must obtain any required separate permission. Device permission, contractual acceptance and special-category-data consent are distinct. A privacy request, consent withdrawal or complaint to a regulator is not conditional on agreeing to arbitration or waiving a claim. Section 20 addresses only disputes validly within its scope and does not remove those rights.

Our company operates from Scotland, but the Services use international providers. These Terms do not state that all processing occurs exclusively in Germany or make continued use a substitute for a lawful transfer mechanism.

16. Copyright and unlawful-content reports

To report an infringement or unlawful material, contact [email protected] with the content identifier, route link or other location sufficient to find the material; an explanation of the right or law involved; your contact information; and any supporting information reasonably necessary to assess the report. An intellectual-property report should identify the protected work and your authority to act. State whether you believe the information is accurate and the complained-of use is unauthorised.

Do not include unnecessary private health information in a report. We may seek clarification and may share an appropriate summary with the affected user where necessary and lawful; we do not automatically publish the complainant's contact or sensitive information. Knowingly false allegations or abuse of the procedure may themselves violate these Terms or law.

We act on valid notices as required by applicable law and provide the applicable response or challenge mechanism. This general procedure is not a claim that we have obtained US DMCA safe-harbour status or registered a statutory agent. Where an additional statutory procedure applies, we must provide and follow it.

17. Suspension and termination

You may stop using the Services, cancel a subscription under section 6 and request account deletion under the Privacy Policy. These are related but distinct actions.

We may suspend or terminate access for a material or repeated breach, fraud, a serious security or safety risk, a binding legal requirement, ineligibility for the relevant service, or non-payment after any applicable notice or grace period. We act proportionately and, where reasonably possible, notify you of the reason and allow a reasonable opportunity to remedy a remediable breach. Urgent restriction is permitted where continued access would create a material risk or defeat a necessary investigation.

If we discontinue the Services or close an account for a reason not attributable to your material breach, we provide reasonable notice where practicable, an appropriate opportunity to export information and any refund required for prepaid service not supplied. We do not terminate a paid service arbitrarily while retaining all payment.

A security suspension does not eliminate your privacy rights. We may use an alternative verified method for access, export or deletion where direct account access is unsafe. When safe and lawful, you may challenge the restriction through the contact in section 20.

Do not evade a valid suspension or ban by creating or borrowing another account. A restriction must not prevent a lawful complaint, payment remedy or rights request. Clauses that by their nature need to continue, including payment already lawfully due, limited necessary content permissions, accrued rights and dispute provisions, survive only to that extent; private data is not retained indefinitely because an account was terminated.

18. Changes, updates and interruptions

We may change the Services for legitimate reasons, including maintaining security, complying with law, addressing defects, adapting to platform or provider changes and improving functionality. Changes must not deprive you of mandatory rights or allow us to avoid the substance of an existing paid commitment without an appropriate remedy.

For a material change to these Terms or a materially disadvantageous change to an ongoing paid service, we normally provide at least 30 days' advance notice, explain the reason and effect, and identify your cancellation or other applicable rights. A different period may apply where law requires it, where a change is exclusively beneficial or immaterial, or where a genuinely urgent legal or security reason requires earlier action. We will explain an urgent change as soon as reasonably possible.

Where law requires express agreement to a change, continued use is not a substitute. A change does not retrospectively alter an accrued claim or authorise a new sensitive-data use without the necessary permission. If you reject a material adverse change, you may end the affected service before it applies and receive any refund required for unused prepaid service.

There may be maintenance, outages, limited connectivity or third-party interruptions. We will take reasonable steps appropriate to our contractual and legal obligations to address them. We do not guarantee uninterrupted access, but neither do we exclude all responsibility for outages or promise that no updates or support will ever be supplied.

19. Scots law and court jurisdiction

19.1 Governing law

These Terms, the agreement to use the Services, any arbitration agreement made under section 20, and contractual and non-contractual disputes arising from or connected with them are governed by and construed in accordance with the law of Scotland, including applicable United Kingdom legislation as it applies in Scotland. The choice for non-contractual obligations operates only to the extent the law permits the parties to make that choice.

For consumers, this choice does not deprive you of a protection that applicable law does not allow the parties to exclude, including a mandatory protection of the law of your habitual residence where the applicable conflict-of-laws rules preserve it. The applicable law determines whether such a protection applies; a regional disclosure does not extend a statute beyond its lawful scope.

19.2 Court proceedings

The Scottish courts are the agreed court forum for disputes under these Terms that are not validly referred to arbitration. In a genuine non-consumer contract, their jurisdiction is exclusive, subject to section 19.3. For consumers, their jurisdiction is non-exclusive: you retain any right given by applicable law to bring or defend proceedings in another competent court. For example, a consumer domiciled in another part of the United Kingdom retains the court rights protected by the Civil Jurisdiction and Judgments Act 1982. We will not require a consumer to bring or defend proceedings in Scotland where a mandatory jurisdiction rule provides otherwise.

Where proceedings are properly brought in Scotland, Glasgow is the intended venue for ordinary proceedings where the relevant court has jurisdiction and its procedural rules permit that venue. This does not require proceedings assigned by law to the Court of Session or another Scottish court to be brought in a court in Glasgow that lacks jurisdiction.

No regional privacy notice or reference to a foreign statute constitutes a contractual choice of foreign governing law or an additional agreement to submit to foreign courts. Nothing here removes jurisdiction that a court has independently under applicable law. Either party may raise a lawful objection to jurisdiction, service, the applicable law, arbitrability, or recognition and enforcement, without obstructing a protected consumer remedy.

19.3 Arbitration, interim protection and enforcement

A valid arbitration under section 20 is seated in Glasgow, Scotland and governed procedurally by the Arbitration (Scotland) Act 2010 and the Scottish Arbitration Rules in its Schedule 1. Statutory supervision and challenges are for the Scottish courts identified by that legislation. A competent court elsewhere may exercise any power it has by law concerning interim protection, referral to arbitration, or recognition and enforcement of an agreement or award. This is not a choice to relocate the arbitration or a general submission of the merits to that court.

19.4 Separate agreements and mandatory law

These provisions govern this NutriMotion account and online-service contract. They do not amend a separate application licence identified in section 11, an app-store transaction agreement, or an agreement to which NutriMotion is not a party. Mandatory consumer, data-protection, regulatory and other non-excludable requirements remain applicable within their lawful scope. The parties do not select United States law as the general governing law of these Terms.

20. Complaints and arbitration in Glasgow

20.1 Complaints and informal resolution

Send an ordinary complaint or notice of dispute to [email protected], or to the company postal address in section 31, with enough information to identify the account or transaction, the issue and the resolution sought. We will consider it in good faith. We may send our notice to your account contact address. Privacy complaints and rights requests follow the separate process and deadlines in the Privacy Policy.

We encourage both parties to attempt resolution for 30 days after written notice. This is not a condition that prevents a consumer from exercising a right, starting court proceedings, seeking urgent protection or making a filing needed to preserve a legal time limit. It does not delay a regulator complaint. A technical error in a complaint does not forfeit a claim. A legal time limit is not suspended merely because discussions take place; any agreed suspension must be lawful and recorded.

20.2 Consumer disputes: a separate agreement after the dispute arises

A consumer is an individual acting wholly or mainly outside their trade, business, craft or profession, or a person otherwise entitled to applicable consumer protection. Ordinary personal use of NutriMotion is consumer use. Alleged misuse does not by itself remove consumer status.

Accepting these Terms does not require a consumer to submit a present or future dispute to arbitration, waive court proceedings, or waive a protected class, group, collective or representative remedy. A consumer does not have to opt out of arbitration to preserve those rights.

After a particular dispute arises, either party may propose mediation or arbitration. A reference of that dispute to binding arbitration requires a separate, voluntary and informed written agreement by both parties with the capacity and authority to agree. It must identify the dispute, the intended final and binding effect, the seat, the arbitrator or appointment procedure, the fees and expense arrangements, and the rights of challenge that remain available. No agreement can remove a protection that applicable law does not permit the parties to waive.

If the parties agree to arbitrate, the Scottish framework in sections 20.4–20.7 applies unless they validly agree a different arrangement in that separate referral. Either party may decline the proposal. Declining does not itself change the consumer's account access, subscription price or right to pursue a remedy. A parent or guardian's acceptance of ordinary app terms is not, by itself, a separate binding arbitration agreement for a minor.

20.3 Binding arbitration for genuine non-consumer contracts

Where a person with legal capacity expressly enters these Terms in a genuine non-consumer capacity, and no separately signed agreement provides otherwise, each party agrees that a civil dispute arising out of or in connection with these Terms or the Services, including their formation, validity, interpretation, performance, breach or termination and related non-contractual obligations, shall be referred to and finally resolved by one independent arbitrator seated in Glasgow, Scotland, under sections 20.4–20.7.

This agreement does not cover a matter that cannot lawfully be resolved by arbitration, regulatory or criminal proceedings, or the statutory court functions and interim measures preserved below. It does not authorise business use prohibited elsewhere in these Terms, bind a person who never validly agreed to it, or allow us to treat a consumer as a business merely because they use a paid account, work in a profession or are accused of a breach. Consumer disputes remain governed by section 20.2.

20.4 Seat, law, arbitrator and procedure

The juridical seat is Glasgow, Scotland, United Kingdom. Scots law governs the arbitration agreement, and the law specified in section 19 governs the merits, with all applicable mandatory protections preserved. The Arbitration (Scotland) Act 2010 and the Scottish Arbitration Rules in Schedule 1 govern the procedure. Their mandatory rules prevail over any inconsistent provision. The default rules apply except where a valid agreement expressly varies them.

The parties will seek to appoint one impartial, independent arbitrator with suitable experience of the dispute and Scots law. Where a valid reference exists but no arbitrator is agreed within 28 days after a written request to agree an appointment, either party may invoke the failure-of-appointment procedure in the Scottish Arbitration Rules, including the applicable arbitral-appointments-referee and court machinery. Neither party has a unilateral right to select a person with a conflict of interest.

The arbitration is conducted in English unless the parties validly agree otherwise, with reasonable language and accessibility arrangements where required for fairness. Documents, video or telephone hearings may be used where appropriate, taking account of the parties' views and each party's reasonable opportunity to present and answer the case. Remote participation or a hearing held elsewhere for convenience does not change the Glasgow juridical seat. No consumer is required by these Terms to travel to Glasgow.

The arbitrator determines procedure and evidence under the applicable rules, acts fairly and impartially, avoids unnecessary delay and expense, and issues a reasoned written award. Neither party loses a mandatory substantive claim or remedy merely because the dispute is arbitrated. The award is final and binding within the scope of a valid reference, subject to the statutory rights of challenge, review and enforcement that remain available. A dispute about the arbitration agreement or tribunal's jurisdiction is determined under the Act and applicable law, not conclusively by NutriMotion.

20.5 Fees and expenses

These Terms do not appoint a commercial arbitration administrator, incorporate a commercial administrator's fee schedule, or impose an automatic equal division of arbitration costs. The proposed arbitrator's fees, deposits and payment arrangements must be disclosed before the appointment is accepted. Fees or commitments to an arbitrator or other third party require the applicable engagement arrangements; a website clause does not bind a third party to a fee cap.

For a consumer dispute, the separate referral agreement must clearly explain the likely charges, how they will be allocated, any assistance or applicable cap, and whether an award of legal expenses may be made. No consumer is committed to those charges merely by accepting these app Terms or asking about arbitration. If the cost or proposed procedure is not agreed, there is no consumer referral under section 20.2 and the consumer's court rights remain available.

For a genuine non-consumer reference, the Scottish Arbitration Rules govern recoverable arbitration expenses unless a valid agreement provides otherwise. The tribunal may make the expense awards that those rules and applicable law permit. In any arbitration, neither party may impose a fixed penalty or an arbitrary legal-cost multiplier for bringing a claim. Statutory rights to recover fees and remedies, and any mandatory restriction on cost shifting, remain effective. Section 23's limitation on certain damages does not cap separately payable arbitrator or administrator fees.

20.6 Court functions, individual references and confidentiality

Either party may seek an interdict, interim protection or another legally available urgent measure from a competent court, including protection against imminent misuse of confidential information, unauthorised access or infringement. Where a valid arbitration agreement applies, such an application does not by itself move the merits out of arbitration. A court determines its own powers and any referral or suspension required by law.

An arbitration covers only the parties and disputes within its valid reference. These Terms do not authorise class or representative arbitration, consolidation with another arbitration or determination of a non-party's claim without the necessary consent and lawful authority. This provision is not a separate waiver of class, group or representative proceedings in court, a prohibition on a statutory representative action, or a restriction on lawful cooperation between claimants.

Confidentiality is governed by the Scottish Arbitration Rules and applicable law. It does not prevent lawful disclosure to advisers, insurers, regulators or law-enforcement bodies, protected reporting, or disclosure reasonably required to establish, challenge or enforce a legal right. A reference to arbitration does not bind a regulator, app store or other non-party or prevent a privacy-rights request or complaint.

20.7 Failure of the process and changes

No party may rely on its own obstruction, refusal to meet an agreed payment obligation or failure to participate to remove another party's access to a remedy. Where a reference is invalid, inoperative or incapable of being performed, the parties retain the remedies and court access provided by applicable law. Severance is permitted only where lawful and cannot be used to remove a protected claim or rewrite an unfair consumer term.

A material later change to the dispute provisions requires the notice and agreement applicable to that change. This version does not retrospectively redirect a dispute based on events preceding its acceptance or alter an existing, separately agreed referral. A valid arbitration agreement may survive account closure for disputes within its scope; account closure does not enlarge that scope or justify indefinite retention of personal information.

Where an applicable law requires us to identify an authorised or accredited dispute-resolution body, provide information at the end of an unresolved complaint, or participate in a particular process, we will meet that requirement. We do not claim that a dispute-resolution body has accepted an appointment or that we belong to a scheme without an actual arrangement.

21. Errors and corrections

We may correct inaccurate content, calculations or descriptions. Where a correction affects a paid purchase, your statutory rights and the agreed transaction terms govern; we do not retrospectively charge more or remove a remedy merely by describing the issue as a typographical error.

You should correct a recorded entry where you know it is inaccurate and report a suspected material defect. We may explain the distinction between a user-entered value, a database entry, a sensor estimate and an AI-generated estimate so that an apparent verification label does not imply a professional assessment that has not occurred.

22. Health, AI, route and data limitations

22.1 Nutrition, training and recovery

Calorie expenditure, intake, body-composition trends, training loads and recovery suggestions are estimates based on supplied information, calculations and available sensor data. A formula cannot account for every individual circumstance. The Services do not guarantee weight change, fitness improvement, injury prevention or a particular outcome.

Seek advice from an appropriately qualified professional where you need individual medical or clinical guidance, including where a condition, pregnancy, injury, medication or an eating disorder affects what is suitable for you. Do not continue an activity because the application recommends it when you recognise a safety problem. These precautions do not transfer to you responsibility for a defect or duty for which we are legally responsible.

22.2 Cloud AI food estimates

Food Scan uses AI, not a dietitian or laboratory analysis. It can misidentify foods and ingredients, infer the wrong portion, omit sauces or cooking fats and produce incorrect calories or macronutrients. A confident-looking result is not proof of accuracy. Review and, where necessary, edit or replace the result before logging it.

Do not rely on a photograph or AI estimate to identify allergens, determine whether food is safe, calculate medication or insulin doses, or make a medical decision. A photograph cannot reliably disclose hidden ingredients or contamination. Check appropriate labels, preparation information and professional advice for those purposes.

The model and availability can change within the contractual protections above. The output may not be unique and is not a guarantee of intellectual-property exclusivity. You may use the returned estimate for the intended personal logging function. This does not give you a right to resell access to the provider or operate an API relay.

22.3 Routes, maps and outdoor activity

Generated, cached, imported and community-shared routes are planning aids, not a guarantee of safe or lawful passage. A mapped line may be incomplete, out of date, incorrectly connected or unsuitable for your activity, equipment or ability. It may involve road traffic, difficult terrain, water, private or restricted land, seasonal closure or another hazard that the underlying dataset does not identify. A previously usable or cached route can become unsuitable.

Review routes and current conditions, comply with applicable access rules and closures, and use appropriate equipment and independent navigation where needed. Do not assume that a suggested start point is your current position; check the position and route before setting off. Public sharing is not certification by NutriMotion or an assurance that a route has been physically checked. Never follow an instruction into a situation you reasonably consider unsafe.

The Services are not a rescue, emergency monitoring or distress-notification service. They do not guarantee that another person will be alerted if you stop moving or do not finish. Battery, network, sensor, map-download and device failures can interrupt tracking and navigation. Do not use the interface in a way that distracts from road use or another activity requiring attention.

22.4 Sensors and integrations

GPS, elevation, heart rate, steps, pace and other measurements depend on device hardware, calibration, signal quality, environment, permissions and third-party records. Duplicate, delayed, missing or inaccurate records can affect calculations. Apple Watch, Wear OS and Garmin synchronisation can also be delayed or require reconnection. A route being accepted by a server does not establish that it is available on your watch. The application does not independently medically verify those measurements.

22.5 Effect of these limitations

These explanations describe the intended function and inherent limitations; they are not an exclusion of reasonable care, conformity obligations or liability that cannot lawfully be excluded. Section 23 governs responsibility where the Services fail to meet our contractual or legal duties.

23. Our responsibility and limitations of liability

23.1 Liabilities and remedies that remain protected

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence; fraud or fraudulent misrepresentation; deliberate wrongdoing or gross negligence where exclusion is prohibited; or any liability, consumer guarantee or remedy that applicable law does not permit us to exclude or limit. Mandatory rights concerning satisfactory quality, fitness for purpose, description, reasonable care and skill, digital-content or service remedies, unlawful personal-data processing and other protected statutory rights remain effective. Refunds or other remedies required by law are not absorbed into the monetary cap below.

A disclaimer about AI, GPS, health or third-party data does not excuse a breach of a legal duty imposed on us. Nor does every incorrect user entry, inherent measurement limitation or failure to achieve a fitness goal establish such a breach.

23.2 Consumers generally, including the United Kingdom

We are responsible for loss or damage that is a legally recoverable and foreseeable consequence of our breach of contract or failure to use the care and skill required by law. A loss is foreseeable where it was reasonably foreseeable when the contract was made or the relevant circumstances were made known to us. We are not responsible to the extent the applicable law attributes a loss to your own unlawful misuse rather than our breach, or for a loss that the law treats as too remote.

The Services are supplied for personal use. We do not accept liability for business profit, business interruption or commercial opportunity resulting from an unauthorised business use, except where applicable law requires otherwise. An independent transaction with a third party is not our responsibility merely because the Services link to that third party. Providers engaged to perform our own obligations do not release us from responsibility that the law places on us.

The monetary cap in section 23.3 does not apply to UK or EEA consumers, or to any person whose applicable mandatory law prohibits that cap. We do not impose a zero-payment or six-month-subscription ceiling on your protected UK consumer claims. Both parties must take reasonable steps required by law to avoid preventable loss after becoming aware of a problem.

23.3 Additional limitation for eligible United States claims

For a consumer habitually resident in the United States, and only for liabilities which can lawfully be limited after applying section 23.1 and any applicable UK or other mandatory protections, our aggregate liability for ordinary financial loss arising from one event or a connected series of events is limited to the greater of US$100 and the total amount you paid for the affected NutriMotion Services in the 12 months immediately preceding the first event giving rise to that loss. Amounts paid through an app store for our Services count before deduction of the store's commission. A payment in another currency is converted at the applicable transaction exchange rate, or a reasonable published rate for that payment date where no transaction rate is available.

Within that same limited scope, we exclude indirect or consequential commercial losses and exemplary or punitive damages that the applicable law allows to be excluded. This does not exclude a type of loss simply by labelling it consequential where it is a legally protected or recoverable direct loss. It does not restrict statutory damages or punitive damages where their exclusion would be unlawful, or a statutory fee award or non-monetary remedy.

The cap is a contractual allocation under the governing-law provisions in section 19 for eligible ordinary financial claims, not a choice of United States governing law or courts and not a statement that every claim is limited to US$100. It does not apply to the protected liabilities in section 23.1, required refunds, a court or regulator's powers, or the company's arbitration costs under section 20. Where it is not valid, the applicable law determines liability without replacing it with a more restrictive limit.

23.4 Company and individual responsibility

Your ordinary contractual claim under these Terms is against NutriMotion LTD, not its director personally. No personal guarantee is created by these Terms. This allocation of contractual responsibility does not protect a person from an independently established liability for fraud, their own unlawful conduct or another duty imposed personally by law.

24. Misuse, indemnity and third-party claims

24.1 Direct losses caused by serious misuse

If your deliberate or reckless material breach, fraud, malicious interference, unauthorised access or knowing infringement causes us loss, you are responsible for the actual, reasonable and legally recoverable loss attributable to that conduct. This may include evidenced additional API or cloud-service charges caused by abuse, necessary incident-response expenditure, restoration costs and damages lawfully payable to an affected third party. We must establish causation and amount, take reasonable steps to mitigate and exclude amounts attributable to our own fault. No fixed penalty, arbitrary multiplier or estimated future bill is imposed merely because we allege misuse.

24.2 Limited indemnity for third-party claims

To the extent permitted by the consumer and other law applicable to you, you indemnify NutriMotion LTD against a third-party claim only to the extent directly caused by your fraud, deliberate unlawful conduct, deliberate or reckless material breach of section 8, or knowing submission of material that infringes that third party's rights. This means reimbursing amounts finally awarded by a competent court or tribunal, or a reasonable settlement you approve, together with reasonable defence costs that the applicable law permits us to recover from you. It is not an indemnity for ordinary, lawful use, an innocent inaccurate entry, an AI error you did not knowingly misuse, or a failure attributable to us or our providers.

We will give reasonably prompt notice of a claim, sufficient information to respond, and a reasonable opportunity to participate in its defence. We will not settle at your expense, admit liability on your behalf or impose non-monetary obligations on you without your agreement. Failure to give prompt notice reduces recovery to the extent it materially prejudices the defence. You may use your own adviser, and neither party is required to disclose legally privileged or unnecessary sensitive information.

We may defend our own interests, but cannot recover unlimited or unnecessary expenditure by unilaterally selecting an expensive defence. There is no double recovery under this section. Any procedural award of legal costs remains for the competent court or arbitrator under applicable law. This section does not shift arbitration-provider charges allocated to us under section 20 or penalise a genuine complaint, security report, lawful criticism or exercise of privacy or consumer rights.

24.3 Other lawful remedies

Serious misuse may also justify proportionate suspension, termination, preservation of necessary incident evidence, a report to a competent authority, or an application for damages or injunctive relief where the law permits. These remedies do not authorise access to your property or accounts beyond a lawful basis, and the dispute-resolution provisions apply to any resulting civil claim within their scope.

25. Your data, storage and recovery

Storage limits and supported formats may apply to progress photographs, routes and other material. Material limits of a paid feature must be disclosed. Where a non-urgent limit change materially reduces a paid service, sections 6 and 18 apply. We may reject an unsupported or oversized upload and explain an available remedy; we do not acquire a right to silently destroy existing lawful content for unrelated reasons.

Progress-photo images and designated private-route payloads use client-side encryption. Account and searchable metadata, public copies, cloud AI inputs and readable data exchanged with Garmin are different. Imported Garmin activities are stored with your NutriMotion account under the protections applicable to the record; temporary integration processing and the independent Garmin copy are not all encrypted with a user-held NutriMotion key. Keep recovery information secure: losing a necessary key or phrase can make encrypted material unrecoverable, and resetting a sign-in password may not restore it. Do not disclose the phrase to support staff. We do not promise recovery of a payload where the necessary cryptographic secret is unavailable.

Maintain independent copies of information important to you where an export function permits. Exports or shared images may no longer be protected by the application's original encryption. A local or watch record not yet synchronised may be lost if the device or its application data is erased.

Our privacy and statutory obligations continue notwithstanding these practical limitations. The Privacy Policy explains retention, recovery copies and requests for a complete export. An incomplete self-service export or loss of access does not, by itself, discharge an applicable access or portability obligation. We do not require you to waive claims for our own unlawful loss, corruption or disclosure of your data.

26. Electronic communications and records

We may send necessary service, security, purchase and legal communications electronically through the application or a contact method associated with your account, subject to applicable requirements for delivery and durable records. Retain a copy of information important to your purchase and account.

Agreement to receive necessary service communications is not consent to promotional email or SMS where separate consent is required. You retain any non-excludable right to a particular form of notice, document or signature. These Terms do not contain a general waiver of statutory formalities.

27. Verification messages and notifications

Where an available telephone-verification function is used, messages are sent for the verification or security purpose described at that time. Network or carrier charges may apply under your own plan. Do not request verification to a number you are not entitled to use.

You may remove or change the method through a supported account control or contact us, provided necessary account-security arrangements are maintained. We do not use acceptance of verification messages as consent to marketing. Application reminders, push notifications and mandatory active-tracking service notifications have different controls and functions; some information may appear on a lock screen or watch according to your device settings.

28. Additional consumer protections

United Kingdom and EEA. Mandatory consumer, digital-content and service rights apply, including relevant conformity, remedy, updating and withdrawal requirements. Applicable consumer-jurisdiction rules are preserved. We do not make access to a remedy conditional on accepting compulsory arbitration or giving up a privacy right.

Australia and New Zealand. Nothing excludes a guarantee or remedy that cannot lawfully be excluded under applicable consumer law. Where Australian Consumer Law applies, the remedies for a major failure and for other failures are preserved, including applicable cancellation, refund, replacement, rectification and compensation rights. New Zealand Consumer Guarantees Act and Fair Trading Act protections apply where relevant.

Canada and Quebec. Non-waivable federal and provincial protections prevail over an inconsistent term. Where Quebec law requires a French version of an adhesion contract and related documents to be supplied before an express choice of another language, we must follow that process. Acceptance of these English Terms alone is not a substitute or a waiver of French-language rights. Any local restriction on arbitration, renewal, unilateral modification, exclusion of liability or choice of forum remains effective.

United States. Applicable state and federal rules on recurring charges, disclosures, consent, refunds and unfair or deceptive practices remain effective. Section 19 retains Scots law as the chosen law for this service contract. Section 20 provides for Glasgow-seated arbitration on its stated basis, including a separate post-dispute agreement for consumers, not a compulsory US arbitration scheme. Section 23 contains the additional limitation on eligible financial claims. None of these provisions removes a non-waivable right. Being outside HIPAA does not remove protections supplied by the FTC Act, consumer-health privacy laws or other applicable law.

California complaint information. The provider is NutriMotion LTD, at the company address in section 31. Charges are those disclosed for the plan at purchase under sections 5 and 6. To seek information or resolve a complaint, contact [email protected] or write to that address. If a complaint is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, through its Consumer Information Center, at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or (800) 952-5210. This is the regulator's contact number, not NutriMotion's telephone number. You retain all rights under California law, including any non-waivable right to public injunctive relief.

Brazil, South Africa and other jurisdictions. Mandatory local consumer and data-protection rights, including applicable cancellation, disclosure, language, refund and complaint rights, prevail over an inconsistent provision. We remain responsible for requirements imposed on us in a market we serve. This section does not represent that an English document alone satisfies every local formality or permits every feature in every country.

29. General contractual provisions

These Terms and the specific purchase information properly supplied and agreed constitute the agreement for the relevant Services, subject to mandatory pre-contract information and statutory rights. No entire-agreement provision excludes liability for fraud or a representation on which the law entitles you to rely.

If a provision is unenforceable, it is ineffective to the extent required by law without removing other provisions that can lawfully stand. We do not require an ambiguous consumer term to be interpreted in our favour. A failure to enforce a right immediately is not a general waiver of that right.

You may not transfer a personal account or subscription except where an applicable store rule or law permits it. We may transfer the agreement in a genuine business reorganisation or transfer of the Services only without materially reducing your contractual or statutory protections; we will notify you where required and provide any applicable termination right. Personal-information transfers remain subject to the Privacy Policy and law.

Neither party is responsible for an event beyond reasonable control to a greater extent than the law permits, and each must take reasonable mitigation steps. Such an event does not automatically allow retention of payment for a service never supplied. No employment, agency or partnership is created by ordinary application use.

Except for rights under the applicable Apple application licence identified in section 11 or a right conferred by law, no person other than the contracting parties acquires a right to enforce these Terms. Notices concerning a particular statutory right may be sent by any method the law allows, not only by a contractual route.

30. Open-data and third-party licences

30.1 NutriMotion public Food Database

The Food Database in this section is the public food-product catalogue made available through NutriMotion for product lookup and food search, including public factual contributions. It excludes personal accounts, private diaries, eating histories, private custom foods or recipes, private photographs, health readings, subscription records and personal workout or location histories. It does not include the application source code or our branding.

To the extent NutriMotion holds database rights or database copyright that it can license, we make that Food Database available under the Open Data Commons Open Database Licence, version 1.0 (ODbL). The full ODbL 1.0 governs those rights and takes precedence over an inconsistent summary here. This continues the public-database licensing arrangement rather than withdrawing open rights previously granted for material supplied under it.

ODbL permits use, adaptation and redistribution subject to its conditions, including applicable attribution and share-alike requirements for derivative databases and its provisions for making the relevant database available. Attribute NutriMotion for the catalogue rights or contributions we supply and retain all required attribution to originating sources and contributors. Do not imply endorsement. The licence applies to the rights actually licensed, not to another person's separate copyright, trademark, privacy or publicity rights.

30.2 Public food contributions

Only a submission made through a function clearly identified to you as a contribution to the public Food Database is treated as such a contribution. Logging a meal, making a private recipe or requesting an AI estimate is not enough.

For a contribution you knowingly make on that basis, you retain your underlying rights and grant us a worldwide, non-exclusive, royalty-free licence to reproduce, correct, combine and distribute the contribution as part of the public catalogue, and to grant the database permissions described above. To the extent you own copyright in factual database contents and the contribution notice specifies it, the Database Contents Licence, version 1.0 governs those individual contents. We will not claim that you licensed a product photograph or another person's material under a licence you have no authority to grant.

A valid open licence already granted to a recipient is not automatically revoked by later account closure. This does not waive privacy or erasure rights or authorise inclusion of your private personal records in a public dataset. Submit only relevant product information you are entitled to contribute, not another person's private details.

30.3 Third-party source data and other resources

For data sourced from Open Food Facts, its database is under ODbL, its individual contents are under the Database Contents Licence, and product photographs have a separate Creative Commons Attribution–ShareAlike licence and any other applicable rights identified at the source. Preserve attribution to Open Food Facts and its contributors. Consult its source and API documentation before redistributing particular material.

OpenStreetMap data is under ODbL and requires the relevant attribution to OpenStreetMap contributors. Map styles, tiles, Overture or other route-network source datasets, images and software components can have additional or different licences. The notice for the particular dataset, resource and version governs. A generated personal route, private GPS history, map rendering or the app itself does not all become ODbL material merely because an underlying source uses that licence.

30.4 Access, accuracy and preservation of rights

Open-licence rights are not withdrawn by a general anti-copying or non-commercial-use clause elsewhere in these Terms. You may request information about obtaining the public data and required attribution through [email protected]. Any access or availability obligation imposed by ODbL remains effective.

A data licence does not grant unrestricted use of our infrastructure, another person's private records, a paid provider credential or a right to evade reasonable API-security and resource limits. Those controls must not be used to withdraw rights in copies lawfully supplied under an open licence.

The applicable open licence's warranty and liability provisions govern the licensed data to the extent lawful. Food and mapping information can be incomplete or inaccurate, and source attribution is not a guarantee of independent verification. Mandatory consumer remedies for the Services are not removed by the dataset licence.

31. Contact us

NutriMotion LTD
Registered in Scotland, company number SC838276
Clyde Offices, 2nd Floor, 48 West George Street
Glasgow, Scotland, G2 1BP
United Kingdom

Email: [email protected]
Website: nutrimotion.app

Use the email above for ordinary support, complaints, security reports, content reports and privacy enquiries, identifying the subject so it can be routed appropriately. These contact arrangements do not replace an independent right to contact a court, regulator, app store or competent dispute-resolution body.