These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Daniel Marinelarena d/b/a Websites by Dano operating as NutriTracker ("NutriTracker," "we," "us," or "our") governing your access to and use of the NutriTracker web application, including all associated services, features, and content (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you represent and warrant that:

You are at least 18 years of age or have reached the age of majority in your jurisdiction
You have the legal capacity to enter into a binding contract
Your use of the Service complies with all applicable local, state, national, and international laws and regulations
All information you provide is accurate, current, and complete

If you do not agree to these Terms, you must immediately cease all use of the Service.

2. Service Description

NutriTracker is a web-based nutritional tracking application that provides users with tools to log food intake, track micronutrient consumption, and receive AI-powered nutritional analysis. The Service utilizes the USDA FoodData Central database and artificial intelligence technology to deliver personalized nutritional insights.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for violation of these Terms or other harmful conduct.

4. SUBSCRIPTION PLANS AND BILLING

4.1 Free and Paid Services

NutriTracker offers both free and paid subscription tiers. Free accounts have access to basic features, while paid subscriptions ("Pro" tier) unlock premium features including advanced AI analysis, unlimited food logging, and priority support.

4.2 Subscription Fees

Subscription fees for paid plans are billed in advance on a monthly or annual basis. All fees are non-refundable except as expressly provided in our Refund Policy. Prices are subject to change with 30 days' notice to existing subscribers.

4.3 Automatic Renewal

Unless you cancel your subscription before the end of the current billing period, your subscription will automatically renew for an additional period of the same duration at the then-current subscription rate. You may cancel your subscription at any time through your account settings.

4.4 Payment Processing

All payments are processed by third-party payment processors. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the applicable fees.

5. MEDICAL DISCLAIMER

THE SERVICE IS NOT INTENDED TO PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. The nutritional information, recommendations, and AI-generated insights provided by NutriTracker are for informational purposes only and should not be considered a substitute for professional medical advice, diagnosis, or treatment.

You acknowledge and agree that:

You should always consult with a qualified healthcare professional before making any changes to your diet or nutrition plan
The Service does not replace professional medical advice or treatment
Nutritional data may contain errors or inaccuracies
AI-generated recommendations are based on general nutritional principles and may not be appropriate for your specific health conditions
You use the Service at your own risk

Never disregard professional medical advice or delay in seeking it because of information provided by the Service. If you have or suspect you have a medical problem, contact your healthcare provider immediately.

6. USER CONTENT AND CONDUCT

6.1 Your Content

You retain ownership of all data, information, and content you submit to the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, process, adapt, and display your User Content solely for the purpose of providing and improving the Service.

6.2 Prohibited Conduct

You agree not to:

Use the Service for any illegal purpose or in violation of any applicable laws
Attempt to gain unauthorized access to the Service, other user accounts, or computer systems
Reverse engineer, decompile, or disassemble any portion of the Service
Use automated tools, bots, or scrapers to access the Service
Interfere with or disrupt the Service or servers connected to the Service
Share your account credentials with others
Use the Service to transmit viruses, malware, or other harmful code
Violate the intellectual property rights of others

7. INTELLECTUAL PROPERTY RIGHTS

The Service, including all content, features, functionality, software, code, designs, graphics, interfaces, and the selection and arrangement thereof, is owned by NutriTracker and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms. This license does not include any right to:

Resell, redistribute, or sublicense the Service
Copy, modify, or create derivative works
Use the Service for commercial purposes without our express written consent

8. THIRD-PARTY SERVICES AND DATA

The Service integrates with and utilizes third-party services, including but not limited to:

USDA FoodData Central database for nutritional information
OpenAI API for AI-powered analysis
Payment processing services (Stripe, LemonSqueezy)
Cloud hosting infrastructure (Vercel, Neon)

Your use of third-party services through the Service may be subject to additional terms and conditions imposed by those third parties. We are not responsible for the accuracy, availability, or reliability of third-party services or data.

9. DATA ACCURACY AND LIMITATIONS

While we strive to provide accurate nutritional information, we cannot guarantee the completeness, accuracy, or reliability of:

Nutritional data from the USDA database or other sources
AI-generated nutritional recommendations
User-submitted food data
Calculations and estimates provided by the Service

Nutritional content can vary significantly based on preparation methods, ingredient sources, and other factors. You acknowledge that all data provided is for informational purposes only and may not be suitable for medical or clinical decision-making.

10. PRIVACY AND DATA PROTECTION

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our collection and use of your information as described in the Privacy Policy.

11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NUTRITRACKER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE
ANY CONTENT OBTAINED FROM THE SERVICE
UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
HEALTH-RELATED DECISIONS MADE BASED ON INFORMATION PROVIDED BY THE SERVICE

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.

12. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

WE DO NOT WARRANT THAT:

THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS
ANY ERRORS IN THE SERVICE WILL BE CORRECTED

13. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless NutriTracker, its officers, directors, employees, agents, affiliates, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

Your use or misuse of the Service
Your violation of these Terms
Your violation of any rights of another party
Your User Content

14. MODIFICATIONS TO THE SERVICE AND TERMS

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice, for any reason. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

We may revise these Terms from time to time. The most current version will always be posted on our website with the "Last Updated" date. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Service.

15. GOVERNING LAW AND DISPUTE RESOLUTION

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

15.2 Jurisdiction

You agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be instituted exclusively in the state or federal courts located in San Bernardino County, California. You waive any objection to venue in such courts and consent to personal jurisdiction in such courts.

15.3 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service that cannot be resolved through negotiation shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in San Bernardino County, California, and judgment on the award may be entered in any court having jurisdiction.

15.4 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND US INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW, YOU AGREE THAT (A) NO ARBITRATION OR PROCEEDING SHALL BE JOINED WITH ANY OTHER; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR RESOLVED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (C) 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.

16. CALIFORNIA-SPECIFIC PROVISIONS

16.1 California Consumer Rights

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

16.2 California Automatic Renewal Law

In accordance with California's Automatic Renewal Law (Business and Professions Code sections 17600-17606), we will:

Present the automatic renewal terms in a clear and conspicuous manner before the subscription agreement is fulfilled
Provide an acknowledgment that includes the automatic renewal terms, cancellation policy, and information regarding how to cancel
Provide an easy-to-use online cancellation mechanism if the subscription was entered into online
Send a reminder notice between 15 and 45 days before the renewal date for annual subscriptions

17. EXPORT CONTROLS

The Service may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from us, or any products utilizing such data, in violation of the United States export laws or regulations.

18. SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

19. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Daniel Marinelarena d/b/a Websites by Dano regarding the use of the Service and supersede all prior and contemporaneous written or oral agreements between you and us.

20. Contact Information

If you have any questions about these Terms, please contact us at:

Daniel Marinelarena d/b/a Websites by Dano
Email: support@nutritracker.pro
Website: https://nutritracker.pro

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.