Terms of Service — NutriTracker

1. Agreement to Terms

By accessing or using NutriTracker (“NutriTracker,” “we,” “us,” or “our”), a service operated by Websites by Dano, you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not access or use the Service.

These Terms constitute a legally binding agreement between you and Websites by Dano. Please read them carefully. These Terms include an arbitration clause and class-action waiver in Section 17 that affect your legal rights.

2. Description of Service

NutriTracker is a nutrition tracking and wellness platform that allows users to log food intake, track macronutrients and micronutrients, log workouts and physical measurements, plan meals, and access nutritional information derived from public databases including the USDA FoodData Central database and third-party recipe APIs (collectively, the “Service”).

3. Eligibility

You must be at least 13 years of age to use the Service. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

By using the Service, you represent and warrant that: (a) you are 13 years of age or older; (b) you have the legal capacity to enter into these Terms; (c) you are not barred from using the Service under any applicable law; and (d) all information you provide is accurate and complete.

4. Account Registration & Security

To access most features you must register an account. You agree to:

Provide accurate, current, and complete registration information;
Maintain and promptly update your account information;
Keep your password confidential and not share it with any third party;
Notify us immediately at legal@nutritracker.app of any unauthorized use of your account;
Accept responsibility for all activities that occur under your account.

We reserve the right to disable your account at any time if we believe you have violated these Terms.

5. Health & Medical Disclaimer

THE SERVICE IS FOR INFORMATIONAL AND TRACKING PURPOSES ONLY AND DOES NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

NutriTracker is not a medical device, healthcare provider, or medical service. Nutritional information, calorie counts, macro targets, and any other health-related content provided by the Service:

Are general estimates only and may not be accurate for your individual circumstances;
Should not be used to diagnose, treat, cure, or prevent any disease or health condition;
Are not a substitute for professional medical advice, diagnosis, or treatment from a qualified healthcare professional;
May not reflect the most current nutritional research or guidelines.

Always consult a physician, registered dietitian, or other qualified healthcare professional before making significant changes to your diet, exercise routine, or health regimen, especially if you have or suspect you have a medical condition, are pregnant, nursing, or are under medical care.

Reliance on any information provided by the Service is solely at your own risk. Websites by Dano expressly disclaims all liability for any adverse health outcomes arising from your use of the Service.

6. User Content

“User Content” means any data, information, or content you submit to the Service, including food logs, custom foods, recipes, personal measurements, and fitness data.

You retain ownership of your User Content. By submitting User Content, you grant Websites by Dano a non-exclusive, worldwide, royalty-free license to store, process, and display your User Content solely as necessary to operate and improve the Service. We do not sell your User Content to third parties.

You are solely responsible for your User Content and represent that it does not:

Violate any applicable law or regulation;
Infringe any intellectual property or privacy rights of any third party;
Contain false or misleading information.

7. Acceptable Use

You agree NOT to:

Use the Service for any unlawful purpose or in violation of these Terms;
Attempt to gain unauthorized access to any portion of the Service or its related systems;
Use automated means (scrapers, bots, crawlers) to access, collect, or index any content from the Service;
Transmit any viruses, malware, or other harmful code;
Interfere with or disrupt the integrity or performance of the Service;
Reverse-engineer, decompile, or disassemble any portion of the Service;
Use the Service to build a competing product or service;
Impersonate another person or entity.

We reserve the right to suspend or terminate your access if we determine, in our sole discretion, that you have violated this Section.

8. Third-Party Services & Data Sources

The Service integrates with third-party services for food data (USDA FoodData Central, Spoonacular), email delivery (Resend), error monitoring (Sentry), and hosting (Vercel, Neon). These third parties have their own terms and privacy policies that govern their collection and use of your data. We are not responsible for the practices of these third parties.

Nutritional data sourced from the USDA FoodData Central database is provided by the U.S. Department of Agriculture and is subject to change. We do not guarantee the accuracy, completeness, or timeliness of such data.

9. Intellectual Property

The Service and its original content (excluding User Content), features, functionality, design, and source code are and will remain the exclusive property of Websites by Dano and are protected by copyright, trademark, and other intellectual property laws.

Nothing in these Terms grants you any right to use the “NutriTracker” name, logo, or any other trademarks or service marks of Websites by Dano without our express written permission.

10. Privacy

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.

11. Disclaimers 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 WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY NUTRITIONAL INFORMATION PROVIDED THROUGH THE SERVICE. SUCH INFORMATION IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WEBSITES BY DANO, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Indemnification

You agree to indemnify, defend, and hold harmless Websites by Dano and its affiliates, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third-party right.

14. Termination

We may suspend or terminate your account and access to the Service at any time, with or without cause or notice, including if we determine you have violated these Terms.

You may terminate your account at any time by contacting us at legal@nutritracker.app and requesting account deletion. Upon termination, your right to use the Service will immediately cease. We will delete or anonymize your data in accordance with our Privacy Policy.

Sections 5, 9, 11, 12, 13, 15, 16, and 17 of these Terms will survive termination.

15. Governing Law & Venue

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict-of-law provisions. Subject to the arbitration agreement in Section 17, you consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California for any disputes not subject to arbitration.

16. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by updating the “Last Updated” date at the top of this page and, where feasible, by sending an email to the address associated with your account at least 14 days before the changes take effect.

Your continued use of the Service after the effective date of updated Terms constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service.

17. Binding Arbitration & Class Action Waiver

Please read this section carefully. It affects your legal rights.

Opt-Out Right: You may opt out of the arbitration agreement and class action waiver by sending written notice to legal@nutritracker.app within 30 days of first accepting these Terms. Your opt-out notice must include your name, email address, and a clear statement that you wish to opt out.

Informal Resolution First: Before filing any formal dispute, you agree to contact us at legal@nutritracker.app and attempt to resolve the dispute informally for at least 30 days.

Arbitration Agreement: If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration will be conducted in Los Angeles County, California, or by telephone/video conference. The arbitrator's award shall be final and binding.

Class Action Waiver: YOU AND WEBSITES BY DANO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims.

Exceptions: Either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration. Nothing in this Section prevents you from bringing a claim in small claims court if it qualifies.

This arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. § 1 et seq.).

18. Copyright & DMCA Notice

We respect intellectual property rights. If you believe that content on the Service infringes your copyright, please send a DMCA takedown notice to legal@nutritracker.app with: (1) identification of the copyrighted work; (2) identification of the infringing material and its location; (3) your contact information; (4) a statement of good faith belief; and (5) a statement of accuracy under penalty of perjury.

19. General Provisions

Entire Agreement. These Terms and our Privacy Policy constitute the entire agreement between you and Websites by Dano regarding the Service and supersede all prior agreements.

Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force.

No Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment. You may not assign or transfer these Terms or your rights or obligations hereunder without our prior written consent. We may assign these Terms freely.

Force Majeure. We will not be liable for any failure or delay in performance caused by events beyond our reasonable control.

20. Contact Us

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

Email: legal@nutritracker.app
Website: https://nutritracker.app
Business: Websites by Dano