1. Introduction and Acceptance
These Terms of Service ("Terms") govern your access to and use of the NutriFix website, mobile application, and all related services (collectively, "the Service") provided by Activ-X Sport Vision, a company registered at Calea Dorobanti 126-130, Bucharest, Romania ("NutriFix", "we", "us", or "our").
By registering for an account, accessing the Service, or clicking "I agree," you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Service.
2. Eligibility
2.1 Minimum Age
You must be 18 years of age or older to use the Service. The Service involves the collection and processing of sensitive health data, genetic data, and biomarker data. Due to the nature of this data and the applicable legal protections for minors (including COPPA in the US and the UK Age Appropriate Design Code), we do not permit use by anyone under 18.
By creating an account, you confirm that you are 18 or older. We reserve the right to terminate any account where we reasonably believe this requirement is not met.
2.2 Legal Capacity
You must have the legal capacity to enter into a binding contract. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
2.3 Geographic Availability
The Service is available to users in the United States and the United Kingdom. We make no representations that the Service is appropriate or available in other jurisdictions.
3. Account Registration and Security
3.1 Account Creation
You may register using your email address or via Google or Facebook OAuth. You are responsible for providing accurate, current, and complete registration information and for keeping it up to date.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at [email protected] if you suspect unauthorized access to your account.
3.3 One Account Per Person
Each account is for individual personal use only, except for practitioner accounts. You may not share your account with others or create multiple accounts to circumvent restrictions. Practitioner accounts are designed to help practitioners manage their clients.
4. The Service
4.1 Description
NutriFix provides personalized nutrition planning, genetic dietary analysis, biomarker tracking, supplement recommendations, and related wellness features. The Service is described more fully on our website and within the application.
4.2 No Medical Advice
The Service does not constitute medical advice. See our separate Medical / Health Disclaimer, which is incorporated into these Terms by reference.
4.3 Service Changes
We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with reasonable notice where practicable. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.
4.4 Availability
We aim to maintain high availability but do not guarantee that the Service will be uninterrupted, error-free, or available at all times. Scheduled maintenance will be communicated in advance where possible.
5. Acceptable Use
5.1 Permitted Use
You may use the Service only for lawful personal wellness and nutrition purposes in accordance with these Terms.
5.2 Prohibited Conduct
You must not:
- Use the Service if you are under 18 years old
- Provide false, misleading, or fraudulent information
- Upload genetic files that do not belong to you, or that you do not have the right to upload
- Attempt to access another user's account or data
- Reverse engineer, decompile, or disassemble any part of the Service
- Use automated tools (scrapers, bots, crawlers) to access the Service without our written consent
- Use the Service to distribute spam, malware, or malicious content
- Use the Service in any way that violates applicable law or regulation
- Attempt to interfere with or disrupt the integrity or performance of the Service
- Circumvent any access controls or security measures
- Resell, sublicense, or commercially exploit the Service or its outputs without our written consent
5.3 Health and Genetic Data
You must only upload genetic data files that are your own and that you obtained from a consumer genetic testing provider. You acknowledge that you have obtained that data lawfully and have the right to upload and process it within the Service.
6. Subscriptions, Payments, and Refunds
6.1 Products and Pricing
NutriFix currently provides access to its web application free of charge. In addition, NutriFix may offer physical products and services, including genetic testing kits, biomarker testing, and nutritional supplements, which are subject to separate pricing displayed at checkout. Current prices for products and services are displayed at checkout. Prices may change with reasonable prior notice where required by law.
6.2 Payment Processing
All payments are processed by PayPal. By making a purchase, you agree to PayPal's terms of service and privacy policy. NutriFix does not store your credit or debit card information.
6.3 Subscriptions
At the time of these Terms taking effect, access to the NutriFix web application is provided free of charge and no recurring membership fees apply. NutriFix may introduce optional paid subscription plans or membership tiers in the future. If paid subscriptions are introduced, we will provide advance notice of the available plans, features, pricing, billing frequency, and renewal terms. No user will be charged a subscription fee without first being given the opportunity to review and accept the applicable subscription terms.
6.4 Refund Policy
See our full Refund & Cancellation Policy. Key points:
- Genetic Kits: Full refund if not yet dispatched; no refund once sample submitted.
- Biomarker Tests: Full refund if not yet dispatched; no refund once sample submitted to the laboratory.
- Supplements: Full refund if not yet fulfilled; personalised formulations are non-refundable unless defective.
- UK Consumers: Your statutory rights under the Consumer Rights Act 2015 apply.
To request a refund, contact [email protected] with your order details.
7. Intellectual Property
7.1 Our Content
All content within the Service — including the platform software, algorithms, meal planning logic, supplement recommendation logic, genetic analysis methodology, UI design, text, graphics, and trademarks — is owned by or licensed to NutriFix and is protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from our content without our express written permission.
7.2 Your Content
You retain ownership of all personal data and content you upload to the Service, including genetic files and health information. By uploading content, you grant NutriFix a limited, non-exclusive, royalty-free licence to process and use that content solely for the purpose of providing the Service to you.
7.3 Feedback
If you provide feedback, suggestions, or ideas about the Service, you grant NutriFix a perpetual, royalty-free licence to use that feedback without any obligation to compensate you.
8. Data and Privacy
Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please read it carefully.
- We collect and process sensitive health, genetic, and biomarker data with your explicit consent, which is sought separately at the point of collection.
- You may request deletion of your data at any time.
- We do not sell your personal data to third parties.
9. Third-Party Services
The Service integrates with third-party providers including Google, Facebook, PayPal, DirectLabs, Randox, Personalized Nutrients, and Mailgun. Your use of any third-party service within or linked from the Service is governed by that provider's own terms and privacy policy. NutriFix is not responsible for the practices of third-party services.
10. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Warranties of merchantability or fitness for a particular purpose
- Warranties that the Service will be uninterrupted, error-free, or secure
- Warranties as to the accuracy, completeness, or reliability of any content or recommendations
NutriFix is a wellness platform, not a medical service. We make no warranty that our meal plans, supplement recommendations, or genetic insights are suitable for your individual health circumstances. You are solely responsible for consulting a qualified healthcare professional before acting on any information provided by the Service.
Nothing in these Terms excludes or limits any warranty implied by law that cannot be excluded or limited.
11. Limitation of Liability
11.1 Exclusion of Consequential Loss
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NUTRIFIX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
11.2 Cap on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NUTRIFIX'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (a) the total amount paid by you to NutriFix in the 12 months preceding the claim, or (b) $100 USD / £100 GBP.
11.3 Exceptions
Nothing in these Terms limits or excludes liability for:
- Death or personal injury caused by our negligence
- Fraud or fraudulent misrepresentation
- Any liability that cannot be limited or excluded under applicable law (including UK consumer statutory rights)
12. Indemnification
You agree to defend, indemnify, and hold harmless NutriFix and its officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from your breach of these Terms, your misuse of the Service, your violation of any applicable law, or content you upload or submit to the Service.
13. Account Termination
13.1 Termination by You
You may close your account at any time via account settings or by contacting [email protected]. On closure, we will delete your personal data in accordance with our Privacy Policy and applicable data retention obligations.
13.2 Termination by NutriFix
We reserve the right to suspend or terminate your account, with or without notice, if you breach these Terms, misuse the Service or engage in fraudulent activity, we are required to do so by law, or you are under 18 years of age.
13.3 Effect of Termination
On termination, your right to access the Service ceases immediately. Provisions that by their nature should survive termination (including intellectual property, limitation of liability, and governing law sections) will survive.
14. Governing Law and Disputes
14.1 Governing Law
For US users: These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law provisions.
For UK users: These Terms are governed by the laws of England and Wales, without prejudice to any mandatory consumer protection rights applicable in your jurisdiction.
14.2 Dispute Resolution
We encourage you to contact us first at [email protected] to resolve any dispute informally.
For US users: Any unresolved dispute shall be submitted to binding arbitration under the rules of the American Arbitration Association (AAA), conducted in Delaware, except that either party may seek injunctive relief in a court of competent jurisdiction.
For UK users: Any unresolved dispute shall be subject to the exclusive jurisdiction of the courts of England and Wales. UK consumers may also use the online dispute resolution platform provided by the European Commission or contact the relevant UK Alternative Dispute Resolution (ADR) scheme.
14.3 Class Action Waiver (US Users)
TO THE EXTENT PERMITTED BY LAW, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS OR CLASS-WIDE ARBITRATION AGAINST NUTRIFIX.
15. Changes to These Terms
We may revise these Terms from time to time. When we make material changes, we will notify you via email and/or an in-app notification with at least 14 days' notice before the changes take effect. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
If you do not accept revised Terms, you must stop using the Service and close your account before the effective date.
16. General Provisions
- Entire Agreement: These Terms, together with our Privacy Policy and Medical / Health Disclaimer, constitute the entire agreement between you and NutriFix regarding the Service.
- Severability: If any provision of these Terms is found unlawful or unenforceable, the remaining provisions will continue in full force.
- No Waiver: Our failure to enforce any provision does not constitute a waiver of that provision or our right to enforce it later.
- Assignment: You may not assign your rights under these Terms without our consent. We may assign our rights without restriction.
- Force Majeure: NutriFix is not liable for failures caused by events beyond our reasonable control.
17. Contact Us
- General support: [email protected]
- Legal notices: [email protected]
- Post: Activ-X Sport Vision, Calea Dorobanti 126-130, bl 8, ap 53, Bucharest, Romania