Terms of Use

1. PURPOSE OF THE TERMS OF USE

The purpose of these Terms of Use (the “Terms”) is to set out the conditions under which the User may access and use the Services.

The Terms constitute a legally binding contract between the User and the Company.

Any use of the Services implies unreserved acceptance of these T&Cs.

2. DEFINITIONS

For the purposes of these T&Cs, the following terms shall have the meanings set out below:

• User: any individual accessing the Services on a personal and non-professional basis.
• Account: a personal space created by the User to access the Services.
• Content: all elements made available via the Services (text, data, programmes, recommendations, visuals, interfaces, etc.).
• User Content: data, information, responses, objectives, feedback or content entered by the User.
• Services: all features accessible under the SwissDiet brand.

3. GENERAL DESCRIPTION OF THE SERVICES

The Services provide a personalised digital coaching tool, particularly in the following areas:

• nutrition and meal planning,
• lifestyle habits, discipline and consistency,

The Services are based in particular on:

• information provided by the User,
• informative and educational content,
• automated, algorithmic and artificial intelligence systems.

The Services are intended to provide general support, to assist with structuring and personal decision-making.

4. NO MEDICAL SERVICE OR HEALTH PROFESSIONAL SERVICES

5. TERMS OF ACCESS – ELIGIBILITY

The Services are strictly reserved for persons aged 16 or over.

By using the Services, the User represents and warrants that:

• they are of the required age,
• they provide accurate, complete and up-to-date information,
• they use the Services for personal purposes,
• they do not create an Account on behalf of a third party without authorisation.

The Company reserves the right to suspend or delete any Account that does not comply with these terms.

6. USER ACCOUNT AND SECURITY

Access to certain features requires the creation of an Account.

The User is responsible for:

• the confidentiality of their login details,
• any activity carried out via their Account,
• securing their access.

Any use of the Account is deemed to have been carried out by the User, unless there is evidence of fraudulent use beyond their control.

7. USER CONTENT

The User may be required to enter or submit User Content, including:

• nutritional data,
• goals, preferences, habits,
• feedback, questionnaire responses, messages.

The User:

• guarantees the lawfulness, accuracy and relevance of the User Content,
• acknowledges that any error or omission may affect the recommendations provided,
• remains solely responsible for the consequences arising from the information they enter.

The User grants the Company a non-exclusive, worldwide, royalty-free licence to use User Content solely for the purposes of providing, improving, securing and operating the Services.

8. NUTRITIONAL RECOMMENDATIONS

The nutritional recommendations provided by the Services:

• are intended for general guidance and organisation,
• are based on self-reported data,
• do not constitute medical or clinical dietary advice.

The Company does not guarantee that the recommendations are suitable for specific needs or particular situations.

9. ACCURACY OF DATA AND LIMITATIONS

Food databases, nutritional values, calorie estimates, macronutrients and related information may contain approximations, errors or incomplete data.

In particular, the Company does not guarantee:

• the absolute accuracy of nutritional values,
• the completeness of allergen information,
• the absence of errors in the content.

The User remains solely responsible for carrying out any necessary checks prior to use or consumption.

10. ARTIFICIAL INTELLIGENCE, AUTOMATION AND LIMITATIONS

Certain features rely on automated systems and/or artificial intelligence.

The User acknowledges that:

• the results may be inaccurate, incomplete or unsuitable;
• the recommendations do not constitute absolute truths;
• no guarantee of performance, accuracy or results is provided.

The User remains responsible for the interpretation and use of the information generated.

11. PERMITTED AND PROHIBITED USE

It is strictly prohibited to:

• use the Services for unlawful purposes or in breach of the Terms of Use;
• circumvent, test or compromise security measures;
• extract, scrape or reuse data for competitive purposes;
• decompile, disassemble, reverse-engineer or attempt to access the source code;
• use the Services for medical, therapeutic or clinical purposes;
• infringe the rights of the Company or third parties.

Any breach may result in immediate suspension or termination.

12. SUBSCRIPTIONS, PAYMENTS AND BILLING

13. ACCOUNT SUSPENSION AND TERMINATION

The Company reserves the right to suspend or terminate access to the Services without notice, in particular in the event of:

• breach of these Terms of Use;
• fraud, attempted fraud or misuse;
• conduct posing a risk to the User, the Company or third parties;
• breach of the Company’s security or rights.

Termination shall not affect the surviving obligations set out in the Terms of Use.

14. INTELLECTUAL PROPERTY

The Services, trade marks, logos, content, interfaces, software, algorithms, models, data and associated elements are protected by intellectual property rights.

Any unauthorised reproduction, representation, adaptation or exploitation is strictly prohibited.

The User is granted a personal, non-exclusive, non-transferable licence strictly limited to private use of the Services.

15. AVAILABILITY, MAINTENANCE AND DEVELOPMENT

The Company may, at any time:

• modify the Services,
• add or remove features,
• temporarily suspend access for maintenance, security or development purposes.

No guarantee of continuous availability is provided.

16. LIABILITY AND LIMITATION

To the extent permitted by applicable law:

• the User uses the Services at their own risk;
• the Company shall not be liable for any consequential damages (loss of data, loss of profit, non-pecuniary loss);
• the Company’s total liability is limited to the amounts actually paid by the User during the twelve (12) months preceding the event giving rise to liability.

No limitation shall apply in the event of wilful misconduct or mandatory statutory provisions.

17. ASSIGNMENT – CHANGE OF CONTROL – SURVIVAL

The Company may assign or transfer all or part of these Terms of Use, in particular in the event of a merger, acquisition, restructuring or disposal of assets.

The clauses relating to liability, intellectual property, limitations, applicable law and jurisdiction shall survive the termination of these Terms of Use.

18. APPLICABLE LAW AND JURISDICTION

These Terms of Use are governed by Swiss law.