NUTIS Terms of use

Last Updated on 09-04-2021

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING NUTIS SERVICES, YOU AGREE TO BE BOUND BY THE (1) TERMS OF USE AND (2) PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE NUTIS SERVICES. HEADINGS CONTAINED IN TERMS OF USE ARE FOR REFERENCE PURPOSES ONLY.  

  

Definitions

“Nutis Services” (“Services”) means access to Nutis Application and/or Website, tools, services and functionalities provided to you by Nutis via the Nutis Application and/or Website in accordance with these Terms of Use.  

“Nutis Application” (“Application”) means a mobile application available for users at Google Play Store, through which Nutis Services are provided to you in accordance with these Terms of Use.  

“Nutis Website” (“Website”) means a website located on nutis.com.ua, all its subdomains. 

“Account” means the personal account of User in Nutis Application, after registration of which User may receive the Services under conditions specified in these Terms of Use.  

“User” means any person who creates an Account in order to use Services.  

“Client” means a User who creates an Account in order to use Services as defined hereinunder in these Terms of Use.  

“Trainer” means a User who creates an Account in order to use Services as defined hereinunder in these Terms of Use.   

“Content” means any data uploaded by User to its Account in any admissible form.

“Subscription” means access to paid Services within the Application on the conditions defined hereinunder in these Terms of Use.  

 

1. What are you agreeing to?

1.1. Parties to the Terms of Use

These Terms of Use (“Terms”) govern the contractual relationships between you (“you”, “your”) and Individual Entrepreneur Lysin Serhii Sergeevich, registered and acting under the laws of Ukraine, registration number 3770009890 (“Nutis”, “we”, “us”, “our”) regarding your use of Nutis Application and/or Website and access to Nutis Services. 

1.2. Changes to Nutis Services

Please note that Nutis may, at its sole discretion, change, modify, discontinue, or temporarily suspend the Services or improve the functionality of Application and/or Website, as well as impose limits on certain features of Services, restrict or terminate your access to the Services at any time without prior notice. 

1.3. Eligibility

The Services are not directed to individuals under the age of 16. You may use the Services if you are at least 16 years old. 

By using the Services you represent and warrant that you have the right and capacity to enter into contractual relationships under these Terms and to abide by the terms and conditions of these Terms. You agree to comply with all applicable laws when using the Services, and to use Nutis Services for lawful purposes only. 

1.4. Links to Other Sites  

Nutis may provide links from Application and/or Website to other sites as a convenience to you and solely as a reference to information that may be useful to you. The linked sites are not under our control and we are not responsible for the accuracy, ownership, validity or legality of content of any linked site. If you choose to follow a link to a third party site, you do this at your own risk. Please, make sure that you are familiarised with the terms and conditions and privacy policies of such third parties’ sites before using them. 

 

2. How Nutis will Serve You?

By using Nutis Application, you gain access to the Nutis tools and services via your Account.

2.1. When acting as a Client you gain access to the following Services free of charge:

  • possibility of adding products;

  • possibility of adding beverages; 

  • possibility of adding sport activities;

  • possibility of changing ingredients;  

  • access to standard version of tracker (only information about the distance, calories and time);

  • access to calorie counter tool; 

  • choosing one diet of three available in the Application; 

  • choosing two Trainers for one Client Account;

  • voice input of data; 

  • access to chat for communication with other Users (“Chat”);

 

2.2. When acting as a Client you gain access to the following Services on a paid basis (additionally to the Services on a free basis specified in clause 2.1.):

  • choosing between three diets available in the Application with a possibility to change diets; 

  • access to advanced version of tracker; 

  • access to data of the previous progress on the Account;

  • creating customised elements: dishes, sport activities, beverages;

  • choosing more than two Trainers for one Client Account; 

 

2.3. When acting as a Trainer you gain access to the following Services free of charge:

  • possibility of adding products; 

  • possibility of adding beverages; 

  • possibility of adding sport activities;

  • possibility of changing ingredients;  

  • access to standard version of tracker (only information about the distance, calories and time);

  • access to calorie counter tool;

  • choosing one diet of three available in the Application; 

  • choosing two Clients for one Trainer Account;

  • voice input of data;  

  • access to Chat;

  • schedule workouts for Clients;

 

2.4. When acting as a Trainer you gain access to the following Services on a paid basis (additionally to the Services on a free basis specified in clause 2.3.):

  • choosing between three diets available in the Application with a possibility to change diets;

  • access to advanced version of tracker; 

  • access to data of the previous progress on the Account;

  • creating customised elements: dishes, sport activities, beverages;

  • choosing more than two Clients for one Trainer Account; 

 

2.5. When acting as a Trainer in order to establish “Trainer-Client” relationship you shall scan the particular Client’s identification QR code.

 

3. Access to Nutis Services

3.1. Creating an Account

You need to create an Account in order to use the Services. Signing up is voluntary and free. By registering an Account, you confirm that information you provide is true, accurate and up to date. 

You shall provide the following information in order to create an Account:

  • First name and second name;

  • Email address;

  • Password;

  • Your sex;

  • Your height;

  • Your weight;

  • Your age;

  • Your Account picture;

  • Your desired weight;

  • Choose illness(es) (if available) out of the proposed list;

  • Choose your goal (lose weight, gain weight etc.);

  • Indicate your quantity of meals per day;

  • Indicate your level of activity;

  • Indicate whether you register as a Client or as a Trainer;

 

You are responsible for the security of your login credentials and the confidentiality of your Account information. It is not recommended to transfer your Account information to third parties. All actions performed in the Application and/or Website using your login credentials are considered to be your actions. Please notify us if any security breach or unauthorised use of your Account occurs. We collect and process such information only in accordance with our Privacy Policy. 

We reserve the right to close your Account or suspend your Access to the Services in case of violation of these Terms and/or law requirements.

3.2. Payments 

Nutis provides Services both on a free or paid basis. Services provided on a free basis are available after you successfully register an Account. You may obtain access to paid Services and/or functions, namely, those specified in clauses 2.2 and 2.4 after activation of Subscription.    

3.3. Subscription

You may activate Subscription via your Google account. LiqPay payment system is used to complete payment transactions for Subscription under these Terms. You may familiarise yourself with LiqPay Terms and Conditions at the following link: https://www.liqpay.ua/en/rules/

Subscription is provided on monthly or yearly basis (“Subscription period”).  

The Subscription is activated after you make the first successful payment transaction.

 

You agree that Subscription will be automatically renewed at the end of each Subscription period for which you obtained the Subscription and therefore the respective sum will be charged from your connected Google account, unless you express a wish to cancel the Subscription. You can cancel the Subscription via the functionality of your Google account. Herewith the Subscription is cancelled from the beginning of the next Subscription period. The sum of the already paid period shall not be refunded, therefore you can use the functionality of the paid Services until the end of the Subscription period that has already been paid by you.

If you do not cancel your Subscription, we will presume that you have authorised us to renew your Subscription and to charge the Subscription fee. 

In the event you cancel the Subscription at your own will or if the payment for next Subscription period fails, you will not get access to paid Services subsequently. Though all your connections established when the Subscription was active will remain available. 

3.4. Payments between Users

Clients may choose to receive additional paid services from Trainers All payment relations that arise between Users shall be settled between Users solely at their discretion. Nutis is not responsible for any payment relations between Users and shall not be deemed as an agent for such payment relations.

Herewith, when acting as a Client, you understand and agree that any fees payable to Trainer are not included in the amount of Subscription.  

3.5. Service availability

You understand and agree that Services may happen to be from time to time unavailable, delayed, restricted or slower, including in connection with:

  • technical failures of servers, networks, hardware (including your own device), telecommunications lines and connections, other electronic or mechanical equipment;

  • software failure, including bugs, viruses, configuration issues, incompatibility of systems, additional software (utilities) or applications, the operation of screening programs, unreadable codes;

  • overload of system capacities;

  • damage caused by mechanical breakdown or severe weather, earthquakes, wars, insurrection, riots, civil commotion, accident, fire, water damage, explosion, mechanical breakdown or natural disasters or another force majeure;

  • interruption (partial or total) of power supply, other utility of service;

  • state or regulatory restrictions, court decisions, or other external interference; or

  • any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Nutis. 

Any new Services or features of Application and/or Website are subject to these Terms as well.

 

3.6. Collecting Your Information

Nutis Privacy Policy located at: www.nutis.com.ua/privacy-policy regulates collecting and processing of your personal data regarding the use of Nutis Services. Your use of Application and/or Website and Services indicates your acceptance of the Nutis Privacy Policy.

 

4. Your use of Nutis Services

4.1. Lawful Use

You agree to use the Application and/or Website and Services in compliance with these Terms and applicable local, national, international laws, and regulations. You warrant that your use of the Application and/or Website and Services does not infringe a third party intellectual, privacy or other rights. 

You are responsible for all of your activity in the Application and/or Website and in connection with the Services. We are not and shall not be held responsible for your use of the Application and/or Website and Services in a way that violates the law. Any fraudulent, abusive, or otherwise illegal activity may be grounds for closure of your Account or suspending your access to the Services.  

When acting as a Trainer you may obtain access to Account data of a Client (name, second name, age, height, weight, body mass index, email). In relation to this you are obliged not to transfer such data to any third parties, not to use it in a way that can cause damage to rights, interests and freedoms of a Client who owns this information or other Users and not to use it in any other illegal way. 

4.2. Prohibited Use

By using Nutis Application and/or Website and Nutis Services, you agree not to (or attempt to): 

  1. engage in any activities related to the Services that violate any applicable law, statute, regulation, bylaw, internal company policy or breach these Terms or any other agreement or policy you have with Nutis;  

  2. use any device, software, algorithm, file or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the Application and/or Website, or to surreptitiously intercept or expropriate any data from the Application and/or Website, or breach any security or authentication measures; 

  3. take any action that causes an unreasonable or disproportionately high load on the technical infrastructure of the Application and/or Website, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique;  

  4. collect data from the Application and/or Website either by authorised and not authorised ways through automated means (bots, spiders, scrapers or equivalent means), or by establishing fake user accounts or by anonymous proxy servers or equivalent measures, or by circumventing any technical measures to prevent forbidden activity on the Application and/or Website; 

  5. make unauthorised use of the Application and/or Website, including, in particular, unauthorised access to our systems or any other illegal use of any information contained on the Application and/or Website; 

  6. use the Application and/or Website and Services in a manner that: violates the intellectual property rights, rights to privacy, or any other rights of anyone else; is unlawful, defamatory, libelous, harassing, harmful, fraudulent, deceptive, threatening, obscene, or otherwise objectionable; distributes malware; violates the security of any computer network, or cracks any passwords or security encryption codes.   

  7. use the Application and/or Website and Services in any way that promotes unsafe weight loss or eating disorders, including but not limited to materials that promote dangerous or potentially unsafe weight loss products or procedures; pictures or other materials in any form that contain positive comments on anorexia, bulimia, or an extremely low calorie diet, etc.

The unauthorised or illegal use of the Application and/or Website and Services or any other breach of Terms will be investigated and appropriate legal action, including, in particular, civil, criminal or other legal proceedings, may be applied to you.   

4.3. Your Content

You retain full ownership to your Content and remain solely responsible for its compliance with these Terms and applicable law. Nutis is not responsible or liable for any Content Users upload and/or share, particularly via the Chat. We do not take any action to investigate the Content to see whether it is legal. 

You represent and warrant that you have all appropriate rights to all of your Content and that uploading and/or creating, processing, sharing and other use of a Content does not infringe or violate a third party’s intellectual, privacy, and other rights, or result in the violation of any applicable law or regulation.

You must not upload or make available Content with depictions of violence, pornographic, discriminatory, libellous, racist or other illegal content. Please be aware that if any of the above is detected, we reserve the right to close your Account or suspend your access to the Services.

 

5. Warranty Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NUTIS SERVICES ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO COMMITMENTS OR WARRANTIES ABOUT:

  • THE CONTENT, COMPLETENESS, RELIABILITY, OR AVAILABILITY OF SERVICES;

  • CORRESPONDENCE OF SERVICES TO YOUR EXPECTATIONS INCLUDING BUT NOT LIMITED TO EXPECTATIONS REGARDING THE IMPACT OF SERVICES ON YOUR HEALTH, WEIGHT ETC.;

NUTIS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ACCURACY. NUTIS DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE AND NUTIS DISCLAIMS ANY LIABILITY RELATING THERETO.   

NUTIS SHALL NOT BE RESPONSIBLE FOR ANY PROBLEMS WITH APPLICATION AND WEBSITE, INCLUDING, BUT NOT LIMITED TO, SYSTEM ERRORS AND OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTING, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS.  

NUTIS SHALL NOT BE RESPONSIBLE FOR ANY COMMUNICATIONS BETWEEN USERS AS WELL AS THE AVAILABILITY OF PARTICULAR TRAINERS WITHIN THE FRAMEWORK OF SERVICES.

NOT MEDICAL ADVICE

NUTIS SERVICES AND ANY INFORMATION OR ITS PARTS AVAILABLE IN APPLICATION AND WEBSITE DOES NOT CONSIST OF AND SHALL NOT BE DEEMED AS A MEDICAL ADVICE AND DOES NOT SUBSTITUTE FOR MEDICAL ADVICE. SUCH INFORMATION IS PROVIDED WITH INFORMATIONAL PURPOSES ONLY. NUTIS APPLICATION IS NOT A MEDICAL TOOL AND SHALL NOT SUBSTITUTE FOR A MEDICAL TOOL.

HEREWITH ADDITIONALLY NUTIS SHALL NOT BE RESPONSIBLE FOR ANY INFORMATION PROVIDED FROM TRAINER TO CLIENT AND VICE VERSA. YOU UNDERSTAND AND AGREE THAT SUCH INFORMATION SHALL NOT BE DEEMED AS A MEDICAL ADVICE AS WELL AND TRAINERS SHALL NOT BE PERCEIVED AS PROFESSIONAL MEDICAL SPECIALISTS. 

RELIANCE ON ANY INFORMATION PROVIDED FOR IN THE NUTIS APPLICATION AND WEBSITE AS WELL AS PROVIDED FROM TRAINER TO CLIENT AND VICE VERSA IS SOLELY AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR ANY SUCH INFORMATION AND ITS IMPACT ON YOU, INCLUDING ON YOUR HEALTH CONDITION. 

YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF THE INFORMATION YOU PROVIDE ANOTHER USER WITH, INCLUDING BUT NOT LIMITED TO INFORMATION ABOUT YOUR HEALTH PARAMETERS, HEALTH CONDITION, DISEASES, ETC. NUTIS SHALL NOT BE RESPONSIBLE FOR THE ACCURACY OF SUCH INFORMATION AND ANY CONSEQUENCES CONNECTED WITH THE USE OF SUCH INFORMATION BY YOU OR OTHER USERS. 

IF YOU HAVE ANY CONCERNS REGARDING YOUR INDIVIDUAL HEALTH MATTERS OR ANY DISEASE AS WELL AS BEFORE DECIDING ON ANY CHANGES IN WEIGHT, WE RECOMMEND TO ALWAYS SEEK ADVICE OF A LICENCED MEDICAL SPECIALIST.

 

6. Limitation of Liability  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NUTIS IS NOT LIABLE WHATSOEVER FOR YOUR USE OF THE APPLICATION AND/OR WEBSITE AND SERVICES. YOU UNDERSTAND AND AGREE THAT NUTIS IS NOT AND SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER LOSS OR DAMAGES, AS WELL AS LOSS OF PROFITS, LOSS OF BUSINESS, LITIGATION COSTS, OR ANY OTHER LOSSES ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE APPLICATION AND/OR WEBSITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF NUTIS KNOWS OR HAS BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGE OR LOSS. WE ARE NOT LIABLE FOR ANY THIRD PARTY CLAIMS OF ANY NATURE. NONE OF THE SERVICES WOULD BE PROVIDED WITHOUT SUCH LIMITATIONS.  

NUTIS SHALL NOT BE RESPONSIBLE FOR DISCLOSURE BY THE USER OF THE INFORMATION OF ANOTHER USER BETWEEN WHOM THE CONNECTION HAS BEEN ESTABLISHED WITHIN THE USE OF THE APPLICATION. IN THE EVENT OF SUCH DISCLOSURE THE USER SHALL BE RESPONSIBLE IN THE AMOUNT OF €30. 

NO INFORMATION YOU OBTAIN FROM US OR THROUGH NUTIS APPLICATION SHALL CREATE ANY WARRANTY, REPRESENTATION NOT EXPRESSLY STATED IN THESE TERMS. WE HAVE NO LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY REASON BEYOND OUR REASONABLE CONTROL.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NUTIS’ TOTAL LIABILITY TO YOU IN CONNECTION WITH THE USE OF NUTIS APPLICATION AND/OR WEBSITE AND NUTIS SERVICES EXCEED THE AMOUNT OF 100 €. THIS LIMITATION IS CUMULATIVE AND DOES NOT DEPEND ON THE NUMBER OF CLAIMS.  

LIMITATIONS OF LIABILITY DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

 

7. Disputes Resolution

7.1. Disputes between Users 

You are solely responsible for your interactions with other Users of the Application and/or Website and Services. Nutis shall not be responsible for any disputes that arise between Users. 

7.2. Disputes with Nutis

If a dispute arises between you and us, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute, we encourage you first to contact us at nutisgb@gmail.com to try resolving your problem directly with us.

7.3. Mandatory Litigation

THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF USE. 

Except as explicitly provided in these Terms, any dispute or claim relating in any way to your access to the Application and/or Website, your use of the Services, or otherwise arising out of or relating to these Terms or the Services that cannot be resolved directly between you and Nutis shall be resolved by the respective court of Ukraine. 

 

7.4. Restrictions

You and Nutis agree that any litigation shall be limited to the dispute between Nutis and you individually. To the fullest extent permitted by law, (i) no litigation shall be joined with any other; (ii) there is no right or authority for any dispute to be resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. 

 

7.5. Exceptions to Informal Negotiations and Mandatory Litigation

You and Nutis agree that the following disputes are not subject to the above provisions concerning informal negotiations and mandatory litigation (i) any disputes seeking to enforce or protect, or concerning the validity of, any of your or Nutis’ intellectual property rights; and (ii) any claim for injunctive relief. 

 

8. Miscellaneous Provisions

8.1. Intellectual Property

All intellectual property rights to all content, design, text, graphics, software, logos, compilations, and other matters to the Application and Website, including without limitation copyrights, patents, trademarks, and trade secrets are owned by Nutis or one of its affiliates. The copying, redistribution, use, or publication of any part of the Application, unless expressly permitted in these Terms, is strictly prohibited. You agree not to display or use, in any manner, Nutis trademarks, without our prior permission.

8.2. Indemnification

You use the Application, Website and Services at your own risk and for your sole responsibility. You agree to indemnify, defend and hold us and our subsidiaries, affiliates, assignees, officers, directors, shareholders, agents and employees harmless from any claim, demand, liability, losses or expenses, including reasonable attorneys' fees, related to your use of the Application, Website and Services, or any violation of these Terms or applicable law.

 

8.3. Applicable Law

We operate and control the Application and Website from our office in Ukraine. All matters relating to the Application, Website and Services and these Terms, as well as any dispute or claim relating to Nutis, shall be governed by all applicable laws of Ukraine, without regard to its conflict of law provisions.  

8.4. Term and Termination

These Terms will remain in full force and effect as long as you continue to access or use Nutis Application and/or Nutis Website and Nutis Services and keep your Account active. We reserve the right to suspend, limit or terminate all or a portion of your access to Nutis Services or close your Account at any time without prior notice, if we determine that you violate or fail to comply with these Terms or applicable law. All provisions of these Terms, which, by their nature, should survive termination, shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.  

 

8.5. Entire Agreement. Waiver. Severability

These Terms of Use constitute the entire agreement between you and Nutis and supersedes any and all prior oral or written understandings, proposals or agreements between you and Nutis regarding your use of the Application and/or Website and Services.   

Failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision. If any of the provisions of these Terms is held to be unenforceable, then such provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

 

8.6. Assignment

You may not assign or transfer these Terms and any associated rights or obligations without our prior consent. Nutis may freely assign these Terms or subcontract its obligations without restriction. 

 

8.7. Terms of Use Updates

We may revise, amend and modify the Terms in whole or in part from time to time without notice to you. The current version of the Terms is always available on this page. If we make significant changes to these Terms, we will use reasonable efforts to notify you, but it is your responsibility to review this Terms from time to time to be aware of any changes. Your continued use of Nutis Services after changes have been posted constitutes your agreement to be bound by the revised Terms. Please stop using Nutis Services if the revised Terms are not acceptable to you.  

 

8.8. Notifications 

By using the Application, you give a consent to receive emails, notifications, text messages (“Notifications”) at the email address you provide to Nutis or in your Account for any purposes relating to these Terms and in accordance with our Privacy Policy. For this purpose, please notify us of a change of your contact information. You can choose to refuse to receive such Notifications in the Settings menu of your device.

 

How You May Contact Us?

Should you have any questions concerning these Terms, Nutis Application, Nutis Website or Nutis Services, please contact us at nutisgb@gmail.com.