Terms and Conditions

1. Acceptance of Terms

By downloading, installing, or using the NomNomics mobile application ("App"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, do not use the App.

2. Description of Service

NomNomics is a nutrition tracking and calorie counting application that helps users:

• Track daily food intake and calories
• Monitor nutritional information (macros, vitamins, minerals)
• Set and track fitness and weight goals
• Log water intake and weight measurements
• Search food databases and scan barcodes for nutritional information

3. Health Disclaimer and Medical Information

3.1 Scientific Sources and Medical Citations

Our health calculations are based on established scientific research from authoritative sources:

• Basal Metabolic Rate (BMR) Calculations: Based on the Mifflin-St Jeor Equation, validated through peer-reviewed research published in PubMed (PMID: 2305711)
• Calorie Guidelines: Derived from Harvard Health Publishing's evidence-based recommendations for calorie counting and weight management
• Nutritional Standards: Referenced from National Heart, Lung, and Blood Institute (NHLBI) official guidelines
• Medical Review Sources: Information reviewed and validated through Healthline's comprehensive medical review process

3.2 Comprehensive Medical Disclaimers

• Not Medical Advice: The App provides general nutritional information and tracking tools for informational purposes only. It is NOT intended to provide medical advice, diagnosis, or treatment.
• Individual Variations: Health calculations are based on population averages and scientific formulas. Results may not be accurate for individuals with unique metabolic conditions, medical histories, or genetic factors.
• Professional Consultation Required: Always consult with qualified healthcare professionals (physicians, registered dietitians, certified fitness professionals) before making significant dietary changes, starting exercise programs, or if you have any medical conditions.
• Accuracy Limitations: While we use established scientific methods and strive for accuracy, nutritional information may contain errors. Always verify critical information independently and consult professionals for medical decisions.
• Medical Conditions Warning: If you have diabetes, eating disorders, cardiovascular disease, kidney disease, liver disease, allergies, or any other medical conditions, you must consult your doctor before using nutrition tracking applications.
• Age Restrictions: This App is designed for adults 18 years and older. Minors should not use health calculation features without parental supervision and professional medical guidance.
• Mental Health Considerations: Individuals with a history of eating disorders or body dysmorphia should consult mental health professionals before using calorie tracking applications.

3.3 Developer Liability Limitation for Health Matters

BY USING THIS APP, YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT:

• No Medical Professional Relationship: The developer is not a medical professional, and no doctor-patient relationship is created through the use of this App.
• Use at Your Own Risk: You use all health information, calculations, and recommendations at your own risk and discretion.
• No Health Guarantees: The developer makes no guarantees, warranties, or representations about health outcomes, weight loss, fitness results, or medical benefits.
• Complete Liability Waiver: You waive any claims against the developer for health decisions, medical outcomes, or any physical, mental, or emotional consequences resulting from App use.
• Indemnification: You agree to indemnify and hold the developer harmless from any claims, damages, or liabilities arising from your health decisions based on App information.
• Third-Party Consultation: You acknowledge that you are solely responsible for consulting appropriate healthcare professionals for medical guidance.

4. User Account and Responsibilities

4.1 Account Creation

• You must provide accurate information when creating an account
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities under your account

4.2 Prohibited Uses

You agree NOT to:

• Use the App for illegal purposes
• Share false or misleading nutritional information
• Attempt to reverse engineer or hack the App
• Violate any applicable laws or regulations
• Use the App in a way that could harm others or promote unhealthy behaviors

5. Data and Privacy

• Your use of the App is governed by our Privacy Policy
• You retain ownership of the data you input into the App
• We collect and process data as described in our Privacy Policy
• You consent to data processing necessary for the App's functionality

6. Third-Party Content

• The App includes nutritional data from third-party sources
• We do not guarantee the accuracy of third-party nutritional information
• Third-party content is subject to their respective terms and conditions
• We are not responsible for third-party content accuracy or availability

7. Intellectual Property

7.1 Our Rights

• The App, including its design, code, and original content, is owned by us
• Our trademarks, logos, and brand elements are protected
• You may not copy, modify, or distribute our proprietary content

7.2 Your Rights

• You retain rights to the personal data you enter
• You grant us a license to use your data to provide App services
• This license terminates when you delete your account

8. App Availability and Updates

• We strive to keep the App available but cannot guarantee 100% uptime
• We may update the App periodically for improvements and security
• Some updates may be required for continued functionality
• We may discontinue features or the entire App with reasonable notice

9. App Pricing

NomNomics is currently offered as a free application with no subscription fees or in-app purchases.

10. Limitation of Liability and Health-Related Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

10.1 General Liability Limitations

• We provide the App "AS IS" without any warranties, express or implied
• Our total liability is limited to the amount paid for the App (currently $0 as the App is free)
• We are not responsible for data loss, technical issues, or consequential damages
• We disclaim all warranties including merchantability, fitness for a particular purpose, and non-infringement

10.2 Health-Related Liability Exclusions

SPECIFICALLY REGARDING HEALTH AND MEDICAL MATTERS:

• No Health Liability: We are not liable for any health decisions, medical outcomes, weight changes, fitness results, or any physical, mental, or emotional consequences resulting from App use
• No Medical Responsibility: We disclaim all responsibility for medical advice, diagnoses, treatments, or health recommendations that may be perceived in the App
• Calculation Limitations: We are not liable for inaccuracies in BMR calculations, calorie targets, nutritional information, or any health-related computations
• Third-Party Data: We are not responsible for errors in nutritional databases, food information, or third-party health data sources
• Individual Variations: We disclaim liability for health calculation inaccuracies due to individual metabolic differences, medical conditions, or genetic factors
• Adverse Health Outcomes: We are not liable for any adverse health effects, eating disorders, nutritional deficiencies, or medical complications arising from App use
• Emergency Situations: We are not responsible if users rely on the App during medical emergencies or critical health situations

10.3 User Acknowledgment and Assumption of Risk

BY USING THIS APP, YOU ACKNOWLEDGE THAT:

• You understand and accept all health-related risks associated with nutrition tracking and calorie counting
• You assume full responsibility for all health decisions made using App information
• You will not hold the developer liable for any health outcomes or medical consequences
• You understand that some jurisdictions may not allow complete liability limitations, but you agree to the maximum extent permitted by applicable law

11. Indemnification and Health-Related Protection

You agree to indemnify, defend, and hold the developer harmless from any and all claims, damages, losses, costs, and expenses (including reasonable attorney's fees) arising from:

11.1 General Indemnification

• Your use of the App in any manner
• Your violation of these Terms and Conditions
• Your violation of any third-party rights or applicable laws
• Any content or information you submit through the App
• Your interaction with other users or third parties through the App

11.2 Health and Medical Indemnification

Specifically regarding health and medical matters, you agree to indemnify the developer from claims related to:

• Health Decisions: Any and all health decisions, dietary choices, exercise regimens, or lifestyle changes made using App information
• Medical Outcomes: Any medical conditions, health complications, injuries, or adverse health effects that may arise from App use
• Nutritional Consequences: Any nutritional deficiencies, eating disorders, weight-related issues, or metabolic problems connected to App use
• Third-Party Health Claims: Any claims by healthcare providers, family members, or third parties related to your health decisions using the App
• Calculation Reliance: Any consequences from relying on BMR calculations, calorie targets, or nutritional information provided by the App
• Emergency Health Situations: Any delays in seeking proper medical care due to reliance on App information
• Professional Relationship Claims: Any claims suggesting a medical or professional healthcare relationship between you and the developer
• Regulatory Violations: Any violations of health regulations or medical practice laws that may be attributed to App use

11.3 Scope of Protection

This indemnification includes, but is not limited to, protection against:

• Medical malpractice claims (despite no medical relationship existing)
• Personal injury lawsuits related to health decisions
• Wrongful death claims connected to App use
• Product liability claims for health-related features
• Consumer protection violations related to health information
• Regulatory enforcement actions by health authorities

12. Termination

12.1 By You

• You may delete your account and stop using the App at any time
• Account deletion removes your data from our servers

12.2 By Us

We may terminate your access if you:

• Violate these Terms
• Use the App inappropriately
• Engage in harmful or illegal activities

13. Changes to Terms

• We may update these Terms periodically
• Significant changes will be communicated through the App or email
• Continued use after changes constitutes acceptance
• If you disagree with changes, discontinue use of the App

14. Governing Law and Disputes

• These Terms are governed by the laws of Quebec and Canada
• Disputes will be resolved in the courts of Quebec, Canada
• You may have additional consumer rights under Quebec and Canadian consumer protection laws

15. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App.