General Terms and Conditions of Use
DATE OF UPDATE : January 3rd 2022
Article 1 ‐ Preamble
In the absence of a specific agreement, these General Conditions govern the contractual relationship between FOODVISOR and any User of the "Foodvisor" Application who makes purchases through the Application.
These General Conditions also govern the use of the "Foodvisor" Application by the User and the browsing of the FOODVISOR Websites.
In order to better understand your rights and obligations when using the "Foodvisor" Application and the FOODVISOR Websites, we invite you to read these General Terms and Conditions.
Article 2 ‐ Definition
When used with a capital letter, the following terms have the meanings specified below.
- FOODVISOR: FOODVISOR, a simplified joint stock company registered in the Paris Trade and Companies Register under number 812 516 847 and having its registered office at 40 bis rue Violet – 75015 PARIS. FOODVISOR is the publisher of the "Foodvisor" Application.
- "Foodvisor" Application: "Foodvisor" mobile application, published by FOODVISOR and available on the IOS and Android operating systems.
- FOODVISOR Website: all websites published by FOODVISOR such as https://www.foodvisor.io and https://blog.foodvisor.io/
- General Terms and Conditions: refers to these General Terms and Conditions of Use and Sale of the "Foodvisor" Application and the FOODVISOR websites.
- Services: refers to the services offered by FOODVISOR through the "Foodvisor" Application.
- User: means any natural person using the "Foodvisor" Application, under his sole responsibility, and who has previously accepted these General Terms and Conditions.
- Personal Data: any data relating to an identified or identifiable natural person.
- Premium Subscription: means the paid subscription allowing the User to benefit from additional and exclusive Services. The subscription of a Premium Subscription requires the creation of a Premium Account.
- Premium Account: means a paying account that may be created by the User of the "Foodvisor" Application in order to benefit from exclusive Services related to his Premium Subscription.
Article 3 ‐ General presentation of the "Foodvisor" Application
The "Foodvisor" Application allows the User to benefit from information concerning the nutritional intake of his meals and to meet the objectives he has previously set.
The "Foodvisor" Application also allows the User to benefit from original recipes whose nutritional qualities have been approved by nutrition professionals.
By opting for a Premium Account, the User benefits from exclusive Services such as personalized advice from a nutrition professional in an unlimited chat room. The Services of the "Foodvisor" Application are further detailed in Article 5.3.
Article 4 ‐ Free version / premium version
The use of the "Foodvisor" Application and the benefit of the general functionalities (see Article 5.3) are free of charge and can be accessed by simple download from the dedicated platforms.
In order to benefit from additional Services containing personalized advice delivered by a nutrition professional (see 5.3.2), the User is invited to create a Premium Account.
Article 4.1 ‐ Price of the Premium Subscription
The creation of a Premium Account is charged according to the following rates:
- One month subscription: from €29.99 including VAT
- One month subscription: from €9.99 including VAT
- Three month subscription: from €20.99 including VAT
- Twelve month subscription: from €59.99 including VAT
Article 4.2 ‐ Terms of payment
Subscription to a Premium Account is exclusively done from the "Foodvisor" Application in the "Premium" tab.
For Users of the "Foodvisor" Application using IOS, payment for the Premium Subscription is made via the User's Itunes account.
For Users of the "Foodvisor" Application using Android, the premium version is not yet available.
Article 4.3 ‐ Automatic Renewal
Any Premium Subscription subscribed by the User is automatically renewed after its expiration date under the conditions specified below.
One month at the latest before the expiry date of his Premium Subscription, the User will be informed by FOODVISOR of the possibility of not renewing the Premium Subscription and of the deadline for non‐renewal.
If the User does not reply, the Premium Subscription will be automatically renewed.
Article 4.4 ‐ Right of withdrawal
In accordance with the provisions of the Consumer Code, the User acting as a consumer benefits in principle from a right of withdrawal.
Nevertheless, in certain cases listed by article L221‐28 of the Consumer Code, the Consumer's right of withdrawal does not apply.
This is notably the case in the presence of digital content not supplied on physical media, the performance of which has begun after prior express agreement of the Consumer and formal waiver of his right of withdrawal. The services offered by FOODVISOR in the "Foodvisor" Application do not allow the User to exercise his right of withdrawal, since it consists of digital content that meets the aforementioned conditions.
This is why, when creating his Premium Account, the User is invited to formally waive the exercise of his right of withdrawal, in accordance with the provisions of Article L221‐28 of the aforementioned Consumer Code.
Consequently, the User declares that he or she has been informed of the non‐ application of his or her right of withdrawal, which will be reminded to him or her when his or her Premium Account is created.
Article 4.5 ‐ Deletion of the Premium Account
The User may terminate his Premium Subscription at any time by deleting his Premium Account.
To do so, the User must go to his iCloud account settings and terminate the subscription, refer to the Apple support page (https://support.apple.com/fr‐fr/ht202039).
Article 5 ‐ Description of the "Foodvisor" Application
Article 5.1 ‐ Downloading and installation of the "Foodvisor" Application
Any person wishing to use the "Foodvisor" Application must first download it to his or her terminal.
The download of the "Foodvisor" Application is done from the Apple Store for the IOS operating system and from the Play Store for the Android operating system.
Downloading the "Foodvisor" Application requires the following technical configurations:
- Minimum version of iOS: 10.0
- Minimum version of Android: 6.0
Article 5.2 ‐ Creation of the profile
At the first launch of the "Foodvisor" Application, the User is invited to complete his profile by indicating the following information:
The User is also invited to exercise his choices concerning the use of his Personal Data (see Article 7 ‐ Personal Data).
Case of the User under 15 years old
If the age indicated shows that the User is under 15 years of age, an appropriate procedure applies. This procedure is intended to obtain the consent of the holders of parental authority to the processing of his Personal Data.
For more information about this specific procedure, please refer to article 7.3 of these General Conditions.
Article 5.3 ‐ Functionalities of the "Foodvisor" Application
Article 5.3.1 ‐ General features
The general functionalities of the "Foodvisor" Application are accessible by all Users, whether or not they have subscribed to a Premium Subscription.
The general features of the "Foodvisor" Application are as follows:
Obtain nutritional information on the foods of his choice:The User has several options for providing information on a food:
Take a photograph with his terminal:
The "Foodvisor" Application gives the User the possibility of obtaining information on foods simply by taking a photo of them with the terminal used. The User is invited to follow the instructions contained in the "Foodvisor" Application for taking photographs.
Once the photograph is taken, FOODVISOR automatically identifies the quality and quantity of the foods photographed in order to provide the User with the appropriate nutritional information.
The User undertakes to use exclusively photographs taken by him/her, to the exclusion of any photography of a third party, and to capture photographies of plates or food plates through the FOODVISOR application.
It is the responsibility of each User to ensure that the photographies captures does not represent, by accident or not, personality attributes (such as the face of a person) or personal data.
Scanning the barcode attached to the food:
The "Foodvisor" Application allows the User to obtain information on foods simply by scanning the barcode of the ingredient concerned using his mobile terminal.
The User is invited to follow the instructions contained in the "Foodvisor" Application for scanning the barcode.
Once the photograph has been taken, FOODVISOR automatically identifies the food concerned in order to provide the appropriate nutritional information to the User.
Manual input of the food
The "Foodvisor" Application allows the User to obtain information on foods by manually indicating the quality and quantity of the food.
Once this information is completed, FOODVISOR processes this information in order to provide nutritional information adapted to the User.
- Take a photograph with his terminal:
Determine and monitor the evolution of his goalsThe User has the possibility to choose among different goals, such as weight loss, weight maintenance, weight gain or food rebalancing.
By regularly reporting the results of his or her weighting, the User will be able to follow the evolution of his or her weight in order to adapt his or her eating habits accordingly.
To access this Service, the User must accept the sharing of data such as weight and weighing and then go to the "statistics" tab of the application.
Add physical activitiesThe "Foodvisor" Application allows the User to add physical activities in order to benefit from information concerning their impact on the monitoring of his goals and on his health.
The User has several possibilities to add physical activities:
Synchronize the "Foodvisor" Application with third party applications:
The User has the possibility to link the "Foodvisor" Application with third party applications such as the "Health" Application published by APPLE, in order to automatically synchronize his physical activities with the "Foodvisor" Application.
To perform this synchronization, the User must accept data sharing with the APPLE Health Application when requested (after adding a sport or directly in the application settings). If you connect to Third Party Applications such as Apple's Health Application, Foodvisor will collect and use your Personal Data from such Third Party Applications and in particular the Health Data you choose to synchronize with Foodvisor. Foodvisor does not use Apple Health data for marketing purposes, and does not share such data with third parties.
Manually Entering Physical Activity:
The User may also manually enter physical activities among those contained in the database of the "Foodvisor" Application.
To access this Service, the User must accept the sharing of data such as calories burned and add his activity from the "History" page of the application.
- Synchronize the "Foodvisor" Application with third party applications:
Access to recipes
The User can benefit from a limited number of recipes whose nutritional quality has been approved by the experts at FOODVISOR. To access this Service, go to the "Recipes" tab.
To access all the recipes available on the "Foodvisor" Application, subscription to a Premium Subscription is required.
Article 5.3.2 ‐ Features reserved for Premium Accounts
The subscription to a Premium Subscription allows the User to benefit, in addition to the general features, from the following exclusive features:
Unlimited chat with the FOODVISOR's dietician team:The chat allows the User with a Premium Account to directly contact nutrition professionals in order to benefit from personalized and up‐to‐date advice.
To chat with the FOODVISOR team, the User must go to the "Chat" tab located on the main page of the application.
Benefit from recipes:The User with a Premium Account can access all the recipes available on the "Foodvisor" Application and approved by the experts at FOODVISOR.
Personalized Plans:The User with a Premium Account can benefit from personalized plans specifically developed on the basis of the information provided by the User beforehand.
These personalized diets are developed by the FOODVISOR team of dieticians to enable the User to meet his objectives.
To access this Service, the User must agree to share his or her diet data.
Daily dietary check‐up:The User holding a Premium Account benefits from a daily analysis of his diet through a dietary check‐up.
Article 6 ‐ Intellectual Property
The name "FOODVISOR", logos, slogans and registered or unregistered trademarks represented on the FOODVISOR Websites or Applications are the exclusive property of FOODVISOR. Any use, reproduction and/or modification made without the prior written consent of FOODVISOR may constitute an infringement, within the meaning of Articles L. 335‐2 and following of the Intellectual Property Code, which may result in the civil and criminal liability of the infringer.
The presentation and content of the "Foodvisor" Application and the FOODVISOR Websites together constitute a work protected by the laws in force on intellectual property, of which FOODVISOR is the owner. No reproduction and/or representation, partial or complete, may be made thereof without the prior written consent of FOODVISOR.
The drawings, photographs, images, texts, animated sequences with or without sound and other documentation represented on the "Foodvisor" Application and the FOODVISOR Websites are subject to industrial and/or intellectual property rights and are, as the case may be, the property of FOODVISOR or of third parties who have authorized FOODVISOR to use them restrictively.
As such, any reproduction, representation, adaptation, translation and/or modification, whether partial or complete, or transfer to another platform is prohibited. The same applies to the extraction and reuse of the content of the databases appearing on the "Foodvisor" Application and the FOODVISOR Websites, which are protected by the provisions of the Act of 1 July 1998 transposing into the Intellectual Property Code the European Directive of 11 March 1996 on the legal protection of databases.
As such, any reproduction, reuse or extraction of the contents of the database would trigger the liability of the User.
When capturing photographies, the User expressly accepts that the photographies may be used and/or exploited by FOODVISOR, not only for the purpose of “Foodvisor” Application and the FOODVISOR Websites, but also by any third party duly authorized by FOODVISOR.
As the purpose of the photographies at stake is to mechanically reproduce food elements as faithfully to the original as possible, the User acknowledges that such photographies lack any originality and may not benefit from the protection granted by authors’ rights.
Insofar as such or such photography may be considered an original creation which can benefit from the protection granted by authors’ rights, the User hereby transfers in a non exclusive manner to FOODVISOR who accepts it, all of its patrimonial rights (right of reproduction, representation, modification, adaptation and translation, distribution and marking) on all media of expression, including but not limited, on paper, electronic or digital documents et al. and by any mean of diffusion.
Rights are granted to FOODVISOR on all media and are assigned for the entire world, on a royalty free basis, and for the maximum duration of intellectual property as provided by applicable laws and regulations and international treaties. The User acknowledges and accepts that the photographies captures by him/her may be subject, within their use / exploitation, to various modifications (colors, definition, homothety, annotations…).
Article 7 ‐ Personal Data
Article 8 ‐ Cookies
To obtain complete information on the cookies used by FOODVISOR and to manage your preferences in this regard, the User is invited to consult the "Cookies" page (https://www.foodvisor.io/cookies) of FOODVISOR.
Article 9 ‐ Limitation of liability
FOODVISOR strives to provide information on the "Foodvisor" Application that is as accurate as possible. However, FOODVISOR shall not be held liable for any omissions, inaccuracies or deficiencies in the information provided, whether caused by itself or by third party partners who provide it with such information. FOODVISOR, as publisher of the "Foodvisor" Application, is only bound by an obligation of means: its liability can only be engaged if it is shown that it has not implemented the means necessary for the execution of the contract.
The User agrees to use the "Foodvisor" Application under his own responsibility and at his own risk. The information communicated via the "Foodvisor" Application by FOODVISOR is for information purposes only. The User is informed that he is free to follow or not follow the advice provided through the "Foodvisor" Application and that he may not, under any circumstances, seek the responsibility of FOODVISOR in the event that the implementation of these recommendations does not lead to the expected result.
FOODVISOR cannot be held liable in the event of force majeure. Are considered as force majeure, events beyond the control of the parties, which they could not reasonably be required to foresee and which they could not reasonably avoid or overcome insofar as their occurrence makes the performance of the obligations totally impossible.
Use of the "Foodvisor" Application is at the User's sole risk. Under no circumstances shall FOODVISOR be held liable for any direct or indirect damage, including but not limited to, infection by viruses, loss of data or programs, loss of use of computer equipment (including but not limited to software, hard drives, or any system), financial losses (such as but not limited to loss of business or loss of opportunity) following the visit to or use of the "Foodvisor" Application.
Article 10 ‐ Claim
Any questions, claims or requests from the User relating to the "Foodvisor" Application or the FOODVISOR Websites should be addressed to the following address: firstname.lastname@example.org.
Article 11 ‐ Waiver
The fact that FOODVISOR does not avail itself at a given time of one of the clauses of these General Terms and Conditions shall not constitute a waiver of the right to avail itself of the same clauses at a later date.
Article 12 ‐ Jurisdiction
In the event of a dispute regarding the application of these General Conditions or their interpretation, the User acting as a consumer has the possibility of referring the matter to a consumer mediator, whose contact details will be sent to him/her by FOODVISOR upon request.
Generally speaking and to the extent legally permitted, any dispute concerning the application of these General Conditions and their interpretation, their execution and the sales contracts concluded by FOODVISOR, or the payment of the price, shall be brought before the courts of Paris, regardless of the place of order, delivery, payment and method of payment, and even in the event of a guarantee call or plurality of defendants.
Article 13 ‐ Governing law
Any question relating to these Terms and Conditions and the sales they may govern, which is not dealt with by these contractual stipulations, will be governed by French law to the exclusion of any other law.
In the event that the dispute involves a consumer, French law shall apply subject to the mandatory provisions of the consumer's country of residence.
Article 14 ‐ Modification of the present General Conditions
FOODVISOR may update these Terms and Conditions at any time. In this case, FOODVISOR will inform the User so that he may be aware of it and renew his consent.