Terms of Service


This agreement ("Agreement") between Foodvisor SAS (hereinafter, "Foodvisor", "us" or "we") and you sets forth the terms and conditions (“Terms”) which govern your use of any of the Foodvisor mobile device applications ("App"), websites (“Sites”), or the service ("Service") thereon which are provided by Foodvisor. Please read this agreement carefully before accessing or using any of the apps, sites, and services.

1. ACCEPTANCE OF THE TERMS OF SERVICE AGREEMENT



These present general conditions govern the terms of the service Foodvisor operated by Foodvisor SAS. By accessing or using the sites and services, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the sites or services and should immediately cease such use. Foodvisor may modify this agreement at any time, and such modifications shall be effective immediately upon notice, which may be accomplished by posting the modified agreement on the app or via e-mail. Foodvisor offers its products and services only to those aged 18 and older and able to enter a binding contract under applicable law.
 Foodvisor requires an account at api.foodvisor.io. To use Foodvisor, you must first register through the App to api.foodvisor.io and you are responsible for providing us with correct and recent information as doing otherwise may give us grounds to suspend your account. You agree not to disclose your account to anyone else. You also agree to inform us immediately of any unauthorized use of your account. By registering to api.foodvisor.io to use the service, you agree to the Terms presented herewith.

2. DESCRIPTION OF SERVICES



Foodvisor provides its users with the following services:
• An estimation of the nutritional facts of food items, based on a picture.
• An ability to track the users’ daily food intake
This service is accessible solely through a smartphone running a version of a mobile operating system that is compatible with the Foodvisor app. This description of services provided by Foodvisor is neither exhaustive nor definitive, and Foodvisor reserves the right to delete, modify, or add services or new characteristics and functions, with the sole objective of improving the quality of these products. In order to benefit from these services, the user requires Internet access, either directly or through media with access to Internet content. The charges related to Internet access are the sole responsibility of the user. It is also the responsibility of the user to provide his or her self with the necessary equipment, notably a mobile device or other connectivity tools.

3. GRATUITY (FREEMIUM)



The service is offered for free in its limited version with reduced functionalities. No fee will be charged for the use of this service. Under control of the law, the company excludes for its free version any warranties related to the commercial version and the absence of defects. The equipment (computer, Internet access, etc.) allowing access to services are the sole responsibility of the user, as are the telecommunication costs.

4. COMMUNICATION OF PERSONAL INFORMATION AND PROTECTION OF PRIVACY


Personal information, which include your name, e-mail address, or postal address, and other information that the user has agreed to disclose to Foodvisor, are treated according to the guidelines of confidentiality and privacy protection, in respect to current laws. These guidelines are listed in full detail in our privacy policy available on foodvisor.io/privacy.html

5. USE OF INTELLECTUAL PROPERTY



The Site and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, and other software (collectively "intellectual property") are protected by copyright, trademark and other laws of international conventions and the laws of other countries. The intellectual property is owned and controlled by Foodvisor or the party credited as the provider of intellectual property. You may not, and agree that you will not, copy, download, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of the intellectual property or the site itself, in whole or in part.

6. MODIFICATION OF SERVICES AND GENERAL CONDITIONS


Foodvisor may, in its sole discretion, terminate or suspend access to all or part of the site, whether temporarily or permanently.

7. GUARANTEES


The user acknowledges and agrees that:

• The services are delivered in full working order regarding their availability. Foodvisor makes no warranties as to the duration, removal, or requirement to register the communication of a user.
• Foodvisor does not guarantee that the service will fully meet the expectations of the user, and that the obtained results will be accurate. Foodvisor does not guarantee that the service will be uninterrupted, secure, or free from errors.
• The use of this service is only at risk to the user, who will be responsible for any damage caused to his or her computer or for any loss of data resulting from downloading or consulting the contents of this service. The information posted here by Foodvisor is not intended to substitute a professional medical consultation in the realm of nutrition and dieting. The site and app provide information on nutrition, diet, and well-being. In this case, the information and services on this site cannot provide a professional medical diagnosis of your diet, weight, and overall health. The information provided in this site does not replace a consultation with a general physician, specialist, or other health professional. These recommendations cannot be adapted to people who are already undergoing a strict diet plan that has already been prescribed by a doctor, in the case of a specific prior diagnosis (such as diabetes, celiac and thyroid diseases, food allergies, certain kidney ailments) or pregnancy.
You cannot use the information available on the sites and apps of Foodvisor to arrive at a diagnosis or to determine the initiation or termination of medication, without first consulting a doctor. You should acknowledge that the information available on the site is neither comprehensive nor exhaustive, and that the information does not completely address different symptoms, medicines, and treatments for various diseases and common ailments of interest. In addition, Foodvisor does not absolutely guarantee any outcome as a result of the application of this information and service available online, particularly regarding weight loss and other weight issues. In addition, Foodvisor cannot be held responsible for:
• Any direct, indirect, special, consequential or financial damages of any kind whatsoever, resulting from any circumstance involving your access to and use of the site or the unavailability of the services.
• Costs incurred after the purchase of substitute goods or services which occur at the time of use of this service.
• Any direct or indirect damage incurred after declaration of a third party on this service. Accordingly, you acknowledge that the responsibility of Foodvisor cannot be questioned in terms of information and services available on the site, and you agree that the use of such information and services is under your sole responsibility, control, and management.

8. INDEMNIZATION


You agree to indemnify, protect, and hold harmless Foodvisor, its subsidiaries, parent companies and affiliates, from and against any and all claims, actions, liabilities, costs and expenses, including, without limitation, reasonable attorney's fees, arising out of your breach or alleged breach of this agreement.

9. LIMITATION OF LIABILITY



The information posted here by Foodvisor is not intended to substitute a professional medical consultation in the realm of nutrition and dieting. The site and app provide information on nutrition, diet, and well-being. In this case, the information and services on this site cannot provide a professional medical diagnosis of your diet, weight, and overall health. The information provided in this site does not replace a consultation with a general physician, specialist, or other health professional. These recommendations cannot be adapted to people who are already undergoing a strict diet plan that has already been prescribed by a doctor, in the case of a specific prior diagnosis (such as diabetes, celiac and thyroid diseases, food allergies, certain kidney ailments) or pregnancy.
You cannot use the information available on the sites and apps of Foodvisor to arrive at a diagnosis or to determine the initiation or termination of medication, without first consulting a doctor. You should acknowledge that the information available on the site is neither comprehensive nor exhaustive, and that the information does not completely address different symptoms, medicines, and treatments for various diseases and common ailments of interest. In addition, Foodvisor does not absolutely guarantee any outcome as a result of the application of this information and service available online, particularly regarding weight loss and other weight issues. In addition, Foodvisor cannot be held responsible for:
• Any direct, indirect, special, consequential or financial damages of any kind whatsoever, resulting from any circumstance involving your access to and use of the site or the unavailability of the services.
• Costs incurred after the purchase of substitute goods or services which occur at the time of use of this service.
• Any direct or indirect damage incurred after declaration of a third party on this service. Accordingly, you acknowledge that the responsibility of Foodvisor cannot be questioned in terms of information and services available on the site, and you agree that the use of such information and services is under your sole responsibility, control, and management.

10. APPLICABLE LAW AND JURISDICTION


This contract will be subject to French law, and legal rules of territorial jurisdiction or award will apply. For buyers in the European Union, this contract will be subject to French law, unless the contract was preceded by an advertisement or a specific invitation by Foodvisor in the consumer's country of residence. The court will be determined in accordance with EU regulation No. 44/2001 of 22 December 2000.
For consumers in other countries: unless mandatory legal provisions are contrary, this contract will be governed by French law, and any dispute arising out of this contract will fall within the exclusive jurisdiction of French courts.

11. NOTIFICATION


All notifications about these terms of use shall be in writing and may be sent by post to the following address:
Foodvisor SAS
40 bis rue Violet
75015
PARIS

12. MISCELLANEOUS


These terms of use represent the entire agreement between the company and the user regarding the use of the service, and replace any agreements previously reached between the company and the user.
The contract was last updated on December 2, 2015.