Nutracheck – Terms of Use

Please read carefully the following Terms of Use relating to the Nutracheck Service ("the Service") – which includes the Nutracheck Calorie Counter app ("the Nutracheck app") and the Nutracheck.co.uk website ("the Nutracheck website").

By ticking the box to complete your registration in the Nutracheck app or on the Nutracheck website (or by signing in with a previously registered email and password), you agree to be bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, you should stop using the Service immediately and uninstall the Nutracheck app.

Features available as part of the Nutracheck service may differ slightly dependent on country of use. For more information please contact our Customer Care Team at customercare@nutracheck.co.uk.

We will only use your personal information as set out in our Privacy Policy. Please read carefully our Privacy Policy and Cookie Policy.

The Service is owned and operated by NutraTech Ltd, a company registered in England, No. 5093196.

1. Access to the Service
   1. To access the content of the Service you must be 18 years of age or over and register with a valid email address, or sign in with a previously registered email and password.
   2. Newly registered users may use the Nutracheck app and Nutracheck website free of charge for a period of 7 days, after which restrictions will apply. To remove these restrictions, you can purchase a subscription from a range of membership options in the Nutracheck app or via the Nutracheck website.
   3. You must not share your password, subscription or any other piece of information as part of our security procedures with a third party. We have the right to disable any password or subscription, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use. If you know or suspect that anyone other than you knows your password, you must promptly notify us at customercare@nutracheck.co.uk.
2. Nutracheck App & Website Service
   1. The Service contains information, software, photos, text, graphics, sounds and other materials that are protected by copyrights, database rights, trademarks, trade secrets and/or other proprietary rights. All content is copyrighted under applicable copyright laws, including the United States, Canada, Australia, United Kingdom, Ireland and European Union copyright laws (and, if applicable, similar laws in other jurisdictions). All trademarks that appear within the Nutracheck app and Nutracheck website are trademarks of their respective owners. Nutracheck is a trade name of NutraTech Ltd. We remain the owner of any content that we provide or make available to you.
   2. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the content, in whole or in part unless you receive our prior written consent.
   3. NutraTech Ltd reserves the right to vary the Service content by country and device, including (but not limited to) (i) size and extent of the food database, (ii) the Nutracheck app and website functionality and (iii) subscription options and pricing. However, where we materially modify or alter the Service (for example, if you have an auto-renewing membership, the price you are required to pay us for your subscription) we will notify you at least 30 days in advance, usually via email. If you have any queries about these changes you can contact our Customer Care Team and you have the right to cancel your subscription.
   4. The Service includes support that is sent to you by email and push notifications (such as essential starter tips to help you get on board, e-newsletters with helpful diet and nutrition information). This support is part of your membership to assist you in achieving your goal, however you have complete control over managing ongoing email communications and push notifications and can opt out of any or all of these – see the Privacy Policy, section 6 for details.
   5. We may use analytical software within the Nutracheck app and/or Nutracheck website to a) help us make improvements to the Service and b) provide you with personalised tips and motivational messages which are part of your membership, to help you achieve your goal. These may be sent by push notifications if you allow us to contact you in this way (permission is managed in your phone settings).
3. User Generated Content
   1. When you add or upload your content to the Service, you remain the owner of such content and you grant NutraTech Ltd an irrevocable, non-exclusive, royalty-free, sublicensable, worldwide, transferable licence to use, reproduce, modify, distribute, display and exploit such content in connection with the Services, subject to our Privacy Policy.

   2. Forums: You understand and accept that you are solely responsible for all information, data and content that you provide to us via the Service. Nutracheck is not responsible or liable for this information and by using the online community, you agree to be bound by the rules of conduct.

      You will not post any inappropriate content on the Service. This is defined as material which is offensive, abusive, bullying, threatening, hurtful, illegal, obscene, inflammatory or objectionable.

      You should always show respect to other members and are solely responsible for your interactions in the community. The forum is moderated and we reserve the right to monitor disputes between you and other members.

      You should not use the online community to advertise any goods or services – such as diet pills or supplements or other weight loss approaches – that are not part of the Service. You should not post any content that encourages unsafe weight loss techniques or promotes eating disorders.

      When posting a recipe, you should ensure that you own the content. You should not post material that infringes the copyright or another intellectual property rights of a third party.

      In the event of breaches, we have the right to suspend comments at any time. We are obliged to take any of the above measures if we are requested to do so by an administrative or judicial authority. We will promptly inform the reporter, as well as the user who posted the reported content, of the actions we have taken and provide clear and specific reasons for our decision. The affected users can appeal against our decisions.

      In order to exercise this right, the users concerned may contact customercare@nutracheck.co.uk within six months, stating their reasons. Please note that the content of the reports or complaints may be passed on to the reporter in certain cases, e.g. in cases of possible copyright infringements.

   3. If you are a user of our site then you can contact us by email at customercare@nutracheck.co.uk.

      If you are a public authority/EU Commission and want to contact us in accordance with Articles 11 and 12 of the Digital Services Act (Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a single market for digital services and amending Directive 2000/31/EC) please email us at: commercial@nutracheck.co.uk.

      As a user of our site/App you have the right to apply to an out-of-court dispute resolution entity certified under the Digital Services Act if we have removed, restricted, or restricted access to your content, if we have suspended, terminated, or closed your user account or the provision of our service to you, and if we have suspended monetary payments related to your content or monetisation ability itself, terminated or otherwise restricted. A list of certified dispute resolution bodies, once confirmed, will be published here.

4. Account Sharing & Linking

   These terms and conditions govern your use of the account linking functionality available in our app, allowing you to share your food diary, progress and meals you have created with other Nutracheck members. It also covers the ability to notify other app users when you complete certain actions.

   By using this account linking feature, you agree to comply with these terms and conditions, so please read carefully.

   User Responsibilities:

   1. You are solely responsible for the content you share through the account linking feature, including your food diary, progress updates, meals and activity notifications. Please ensure that the information you share is accurate, lawful and does not contain offensive information.
   2. You understand and acknowledge that the shared content may be viewed, accessed, and used by other app users you have linked with. Exercise caution and discretion when sharing personal information or sensitive data with others.
   3. You agree not to use the account linking feature to share content that is unlawful, infringing, abusive, defamatory, harassing, obscene, or otherwise objectionable.
   4. You must not engage in any activity that could disrupt or interfere with the proper functioning of the account linking feature or compromise the security or integrity of the app.

   Consent and Data Sharing:

   1. By utilising the account linking feature, you consent to sharing your food diary, progress, meals, and activity notifications with other app users. This allows them to view, access, and interact with your shared content.
   2. You retain ownership of your shared content but grant other app users a non-exclusive, personal, non-transferable license to view, access, and interact with your shared content within the app.
   3. You have full control over who you link with and can unlink your account from other app users at any time. To do this, open the app, tap 'More' (in bottom menu bar) > Manage Linked Accounts > select the user(s) you wish to unlink from.

   Disclaimers and Limitation of Liability:

   1. The account linking feature is provided on an "as-is" basis. We do not guarantee the accuracy, completeness, or reliability of the shared content or the functionality of the feature.
   2. We are not responsible for any actions, decisions, or consequences arising from your use of the account linking feature or the shared content. You use the feature at your own risk.

   Modification and Termination:

   1. We reserve the right to modify or terminate the account linking feature at any time without prior notice.
   2. We may also suspend or terminate your access to the feature if you violate these terms and conditions or engage in any unauthorized or improper use.
5. Health Disclaimers
   1. The Service is intended as a weight management tool to assist you in achieving your personal goal. However, NutraTech Ltd is not a medical organisation and the information contained in any articles and elsewhere in the Nutracheck app and Nutracheck website, is provided for educational purposes only. You are advised to seek medical advice before making any changes to your diet or lifestyle with an aim of weight loss or weight gain.
   2. You should seek the advice of your doctor or other qualified medical professional with any questions you may have regarding a medical or wellness condition in determining whether to use or adapt the information and content provided. We make no representations or warranties concerning any treatment, action, application or usage of dietary supplements, medication, preparation or other product or service by any person following the information offered or provided by this Service. Reliance on any information appearing within the Service is strictly at your own risk.
   3. The Service should not be used by persons under 18, by pregnant or nursing women, or individuals with any type of health condition.
   4. Weight loss and weight gain is individual and your personal rate of loss or gain may vary from any case studies shown on the Nutracheck website. Our service advocates a safe rate of weight loss of up to 2lbs (0.92kg) per week.
   5. Before starting any weight loss, you should make sure that you are not underweight (defined as Body Mass Index (BMI) below 18.5).
   6. If you think you are having a medical or health emergency, you should immediately call your GP or call 111 (UK), or contact your health care professional or dial 911 (US).
6. Disclaimers of Warranties
   1. NutraTech Ltd does not guarantee that the Nutracheck app and Nutracheck website will be error free and uninterrupted, or that defects will be corrected. Whilst every endeavour is made to ensure the accuracy of the food database, NutraTech Ltd will not be held accountable for any errors in content, or outcomes resulting from the errors.
   2. NutraTech Ltd does not guarantee that the Nutracheck app or Nutracheck website will be secure or free from bugs or viruses. You are responsible for configuring your personal computer, laptop or mobile phone's access to the Nutracheck app or the Nutracheck website. You should use your own virus protection software.
7. Limitation of Liability
   1. Unless otherwise agreed by NutraTech in writing, you understand and agree that NutraTech Ltd is providing the Service for private use and you should not use the Service for any commercial or business purpose and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
   2. If we breach these Terms of Use or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do). We are not liable to you for any loss or damage not caused by our breach or negligence or any loss or damage that was not foreseeable.
   3. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
   4. If you are dissatisfied with any portion of the Service, or with any of the provisions of these Terms of Use, please contact our Customer Care Team at customercare@nutracheck.co.uk. You may also cease using the Service and uninstall the Nutracheck app at any time.
8. Subscriptions & Cancellation

   1. The Service provides newly registered users with 7 days free use of the Nutracheck app and Nutracheck website. There is no requirement to enter card payment details upfront, and no obligation to continue using the Service after the free trial. You will not be charged automatically – payment can only be made actively by you with your consent.

      After the free trial period expires, your membership status will change to 'Lite' and restrictions will apply. To remove these restrictions, you can purchase a subscription from a range of membership options in the Nutracheck app or via the Nutracheck website.

   2. Subscriptions options are available to view in the following places:

      Nutracheck app – tap on 'More' in the bottom menu bar.

      Nutracheck website – click on 'Prices'. (When signed in, hover over 'Profile' and select 'Extend my membership').

      Please note these options may vary from time to time.

   3. Cancelling your subscription

      Purchases via the Nutracheck website: cancelling the auto-renewal

      After your initial membership term of 1 month or 12 months, your membership will be automatically renewed on a monthly or yearly basis respectively. The renewal rate is the rate published at the point of purchase and confirmed in your WorldPay FuturePay confirmation email. In the event that you do not use your account, cancellation will not automatically take place. Your account will continue to be charged until you cancel it.

      It is your responsibility to cancel your FuturePay monthly renewal if you no longer wish to be a member. This can be done at any time by contacting us at customercare@nutracheck.co.uk or on the Nutracheck website. To do this, sign in to your online account, click on the 'Profile' tab and select 'My account' – use the 'Cancel my monthly subscription' link at the bottom of the page.

      You will receive an email from WorldPay confirming the FuturePay Agreement has been cancelled.

      Please note – delivery of emails cannot be guaranteed and is subject to email providers and junk mail settings. We are not responsible for lost emails or delays. If you do not receive the confirmation email from WorldPay within 72 hours of sending your cancellation request (and have checked any email junk folders), please call our Helpline on +44 (0)115 969 4660 (open 8.30am - 6pm, Monday to Friday, excluding Bank Holidays) to check we have received your cancellation request.

      We recommend you cancel at least 24 hours before your renewal date as unfortunately refunds cannot be made if you cancel after the renewal date has passed.

      Purchases made in-app: cancelling the auto-renewal

      The 1 month and 12 month auto-renewing memberships will renew at the same price you purchased at, unless cancelled at least 24 hours prior to the end of the membership period.

      To cancel an auto-renewing subscription on an Apple iOS device visit 'Settings' > 'iTunes & App Store' then click on 'Apple ID' and review the settings under 'Subscriptions'.

      To cancel an auto-renewing subscription on an Android device go to payments.google.com, select Bills and accounts, then select the subscription you want to cancel > Cancel subscription.

      Important: Uninstalling the Nutracheck app will not automatically stop your subscription – you must cancel this manually. If you uninstall the Nutracheck app without cancelling your subscription, you will still be charged.

      It is your responsibility to cancel your renewal if you no longer wish to be a member. This can be done at any time via your iTunes or Google Play account. Please note – if you change your mobile phone, for example switch from iPhone to an Android phone or vice versa, your Nutracheck subscription will NOT be automatically cancelled – you MUST still manage this yourself on the original platform you purchased through. Please contact us at customercare@nutracheck.co.uk if you need help with this.

      App-Only subscriptions: cancelling the auto-renewal

      The 1 month and 12 month auto-renewing memberships will renew at the same price unless cancelled at least 24 hours prior to the end of the membership period.

      To cancel an auto-renewing subscription on an Apple iOS device visit 'Settings' > 'iTunes & App Store' then click on 'Apple ID' and review the settings under 'Subscriptions'.

      Important: Uninstalling the Nutracheck app will not automatically stop your subscription – you must cancel this manually. If you uninstall the Nutracheck app without cancelling your subscription, you will still be charged.

      The 1 month auto renewing memberships will renew at the same price unless cancelled at least 24 hours prior to the end of the membership period.

      To cancel an auto-renewing subscription on an Android device go to payments.google.com, select Bills and accounts, then select the subscription you want to cancel > Cancel subscription.

      Important: Uninstalling the Nutracheck app will not automatically stop your subscription – you must cancel this manually. If you uninstall the Nutracheck app without cancelling your subscription, you will still be charged.

      It is your responsibility to cancel your renewal if you no longer wish to be a member. This can be done at any time via your iTunes or Google Play account. Please note – if you change your mobile phone, for example switch from iPhone to an Android phone or vice versa, your Nutracheck subscription will NOT be automatically cancelled – you MUST still manage this yourself on the original platform you purchased through. Please contact us at customercare@nutracheck.co.uk if you need help with this.

   4. Refund policy

      You have the statutory right to withdraw from a membership agreement and seek a membership refund within 14 days after the date of purchase for membership.

      To do this, please use the 'Contact Us' form in the app (under 'More') or send an email to customercare@nutracheck.co.uk clearly stating 'Cancel & refund membership', together with your registered email address. Alternatively you can call the Helpline on +44 (0)115 969 4660 (open 8.30am - 6pm, Monday to Friday, excluding Bank Holidays).

      If you do not receive confirmation of the refund from us within 72 hours of requesting to cancel (and have checked any email junk folders), please call our Helpline on +44 (0)115 969 4660 (open 8.30am - 6pm, Monday to Friday, excluding Bank Holidays) to check we have received your request.

   5. Membership is continuous and cannot be put on hold for short durations such as holidays.
   6. We reserve the right to cancel membership at any time and return any fees paid.
9. Student Discount

   The offer ("Student Discount Offer") is made available by NutraTech Ltd.

   1. The offer is available to students at a higher level education institution who meet our qualifying criteria ("Qualifying Student").
   2. Qualifying Students are entitled to receive 33% discount off the 12 month App-Only subscription.
   3. To activate the offer, you must meet our qualifying criteria and supply your educational email address for us to verify you are a Qualifying Student.
   4. Only one Nutracheck account can be registered under a qualifying educational email address.
   5. We reserve the right to determine if you are a Qualifying Student in our sole discretion. If we believe that the offer is being mis-used by a non-qualifying individual we will close the account.
   6. NutraTech Ltd reserves the right to terminate this Student Discount Offer at any time and for any reason.
   7. You can stop your Nutracheck membership from auto-renewing at any time by following the instructions given in 7iii) above. Your membership will then expire at the end of the current discounted month. You may re-purchase the Student Discount Offer so long as you are a Qualifying Student.
10. Supplementary charges

    1. It is solely your responsibility to check with your network provider about data charges that may arise through use of app features which require mobile data.

       Mobile data charges will depend on the service agreement you have with your network provider. The charge will be reflected on your mobile tariff or phone bill and we strongly advise you to check what charges will apply to your account BEFORE commencing use of the Nutracheck app.

    2. NutraTech Ltd cannot be held liable for, and will not pay for or refund any data charges that you may incur through use of Nutracheck app or Nutracheck website.
11. Changes to our Terms of Use
    1. These Terms of Use are effective from 17th February 2024 and replace the previous version with immediate effect.
    2. We reserve the right to update or change our Terms of Use at any time including our moderation guidelines. Where the changes to our Terms of Use are material we will notify you, usually via email, and then post such changes on this page. Any changes posted on this page become effective immediately. Your continued use of the Service after we post any modifications on this page will constitute your acknowledgment of the changes and your consent to abide and be bound by the updated Terms of Use.

If you have any comments or queries in connection with these Terms of Use or our Privacy Policy, please contact us by email at customercare@nutracheck.co.uk, or write to us stating your registered email address, name and contact details at:

NutraTech Ltd
The Point (Suite H)
Welbeck Road
West Bridgford
Nottingham
NG2 7QW
United Kingdom

Copyright© 2005-2023 NutraTech Ltd. All product names, trademarks, registered trademarks, service marks or registered service marks, mentioned throughout any part of the Nutracheck Calorie Counter app and Nutracheck website belong to their respective owners.

Trading/correspondence address: The Point (Suite H) Welbeck Road, West Bridgford, Nottingham NG2 7QW.
Registered office: Vineyard House 44 Brook Green, Hammersmith, London, United Kingdom, W6 7BT.