Terms of Use

1. ACCEPTANCE OF TERMS

These Terms of Use (“Term”) explain the conditions and information necessary for the use of the smart contact that receives and analyzes messages and images carried out by Nutrizap (“Nutrizap App”), which is exclusively owned by Nutrizap. By clicking on the button indicating your acceptance, you declare that you agree with this Term and the use of the Nutrizap App. You also declare, at this moment, to have the necessary powers to assume the statements provided for in this Term, under penalty of liability.
You declare that the Nutrizap App uses systems owned by Meta (“Meta”), the company that owns WhatsApp.
For this reason, when interacting with the Nutrizap App, you also agree to the terms and policies of Meta, subjecting yourself, among other conditions, to data processing, privacy measures, and the use of AI by Meta, under the exact conditions offered by it. These policies may be updated at any time by Meta, without Nutrizap having any interference and responsibility in this regard. It is your responsibility, therefore, to follow any changes in the terms of use and policies made available by Meta.

2. CHANGES AND IMPROVEMENTS

In this Term: Nutrizap may change this Term at any time, either to reflect changes in applicable law or updates to the Nutrizap App, or to incorporate new features. Any changes will be inserted where such terms appear. If you do not agree with any changes made in this Term, you must stop using the Nutrizap App. By continuing to use the Nutrizap App, you express your agreement to be bound by the updated terms.
In the Nutrizap App: Nutrizap reserves the right to, at any time, without attracting any liability to itself, (i) make corrections, changes, and improvements to the Nutrizap App and (ii) include new features and resources, which may be communicated directly to you.

3. USE AUTHORIZATION

By agreeing to this Term, you will have the right to use the Nutrizap App in the Territory, as defined below, for as long as Nutrizap offers this application to the general public or until (i) you wish to end the use of the Nutrizap App, or (ii) Nutrizap, based on this Term, terminates your access to the Nutrizap App.
The use of the Nutrizap App will not imply the creation of a profile to access Nutrizap-owned platforms, so this use authorization does not characterize, therefore, as the licensing, even if non-exclusive, of any Nutrizap software.
For the purposes of this Term, “Territory” is considered any country or locality in the world where the Nutrizap App is made available for use by Nutrizap.

4. INTELLECTUAL PROPERTY

Neither this Term nor the use of the Nutrizap App transfers to you the intellectual property of the Nutrizap App, which is exclusively owned by Nutrizap, or of WhatsApp conversational components, such as typing indicators, forwarding arrows, etc., which are owned by Meta. You are aware and agree that all solutions, insights, conversational flows, know-how, and evolutions of the Nutrizap App are the exclusive property of Nutrizap.
This Term does not grant you any right to use the trademarks or other distinctive elements of the Nutrizap App or Nutrizap. Misuse and/or unauthorized use may result in the suspension or termination of your authorization to use the Nutrizap App, and will generate the duty to indemnify Nutrizap for the losses and damages arising therefrom.
You may not copy, adapt, enhance, alter, translate, update, create derivative works, reverse engineer, develop new versions of any of the parts or components of the Nutrizap App, including, without limitation, its conversational flow, under penalty of liability.

5. DATA PROTECTION AND CONFIDENTIALITY

Nutrizap declares that, in its position as the controller of personal data, it will observe the legal regime of personal data protection, undertaking to process personal data that may prove necessary, in strict and rigorous compliance with the applicable legislation and with rules and procedures that may be published and/or required by regulatory entities and other competent authorities, ensuring that its employees, agents, consultants, subcontractors, and/or service providers also comply with the applicable legal provisions.
Nutrizap cares about the privacy of your data. Nutrizap’s Privacy Policy describes our practices regarding data, including the types of information we receive and collect, how they are used and disclosed, and your rights associated with the processing of your information. By choosing to use the Nutrizap App, you declare that you agree with our Privacy Policy, incorporated herein, by reference, to the extent applicable.
Nutrizap is committed to adopting the best information security practices, so that all content made available by you through the Nutrizap App is kept confidential and stored securely. Nutrizap, however, may share all data sent by you, personal or not, if such disclosure is determined by law, court, administrative, or police order, without any cost to Nutrizap.
We will always appreciate your feedback or other suggestions about the Nutrizap App. You agree that any questions, comments, suggestions for improvements, ideas, original or creative materials, or other information about the Nutrizap App, its performance, language quality, accuracy rate, and satisfaction, etc. (“Feedback”) that you post, send, or otherwise communicate to us will not be confidential and we will have the right to use and disseminate, without restriction, the Feedback for any purpose, commercial or not, as well as to share it with Meta, without acknowledgment or compensation to you, excluding, in these cases, the sharing of your personal data.

6. DATA COLLECTION AND CONSENT

By choosing to use the Nutrizap App, you will be asked to send some personal data to Nutrizap, as expressly provided at the beginning of the interaction with the Nutrizap App. The sending of any other data, personal or not, during the use of the Nutrizap App, will be made by your sole and exclusive decision and responsibility. Thus, by accepting this Term, you expressly consent and authorize Nutrizap to use and store the personal data sent by you through the Nutrizap App for the following purposes:
Operation of the Nutrizap App, fulfilling its function of image analysis through the use of Artificial Intelligence;
Identification of users and their interests;
Sending communication about updates and new features of the Nutrizap App; and
Sharing with third-party data processors, such as cloud providers for data storage and service tools for internal business management, both used by Nutrizap in its operation.
Also, with your consent in the Nutrizap App itself, you authorize Nutrizap to use personal data for the design, adoption of improvements, and the development of the Nutrizap App, as well as for the identification of the need and development of new products, businesses, and features, with the aim of offering an efficient, optimized, and personalized service and communication experience to its users.
You declare to be a legitimate party, according to the current data protection legislation, to (i) send the desired personal data to Nutrizap, and (ii) declare the consent present in this Term.
If you wish to terminate the processing of personal data by Nutrizap, an exit option will be made available in the interaction with the Nutrizap App itself.
You are aware that Meta, as an independent controller, may process the personal data trafficked in the Nutrizap App in the terms described in Meta’s Privacy Policy, including for the development of its products and related technologies; Nutrizap having no responsibility in this regard.

7. USE OF ARTIFICIAL INTELLIGENCE

You are aware that we use AI to analyze the images you send. In this sense, you agree that personal data trafficked in the Nutrizap App may be processed by AI, for the operation of the Nutrizap App, remaining you responsible for ensuring all necessary authorizations for this use.
You acknowledge that AI may present limitations and inaccuracies, and it is not possible to guarantee the accuracy or completeness of the results obtained.
You are responsible for verifying, as provided in the Territory in this Term, whether the use of the Nutrizap App is, in any way, directly or indirectly, prohibited in your locality. If you identify any impediment, you must refrain from using the Nutrizap App or immediately interrupt its use, without attracting any liability to Nutrizap in this regard.

8. CONTENT NON-LIABILITY

You are responsible for the content sent to the Nutrizap App and must ensure that you have all the rights and authorizations necessary for its sending and use by Nutrizap. You warrant, to the extent of reasonable knowledge, that the content provided does not violate any legal provision, this Term, or the rights of third parties.
Nutrizap is not obliged to analyze the content of the images and files sent to the Nutrizap App, not being responsible for their improper, inappropriate, or illegal use, nor for any violation of third-party rights, without prejudice to its prerogative to verify the compliance of your use of the Nutrizap App, at Nutrizap’s exclusive discretion. You will be responsible for any penalty or sanction eventually applied to Nutrizap for non-compliance with this Term.
Notwithstanding the above, Nutrizap, at its sole discretion, reserves the right not to analyze images that potentially present offensive, inappropriate, discriminatory, or illegal content, without generating any kind of burden to Nutrizap.
You undertake not to share sensitive personal data, as defined in the applicable legislation, including information about ethinical or racial origin, religious beliefs, health, or sexual orientation of a person. You must also not share confidential or financial information, such as any account identifiers or passwords.
You are aware that Meta may review the content of interactions via WhatsApp, through automated or not means, including, without limitation, to monitor the use of the Nutrizap App, to ensure compliance with Meta’s policies and applicable law, as well as to remove unsafe, discriminatory, or other content that violates Meta’s policies; without any interference from Nutrizap on the actions taken by Meta.

9. NO WARRANTY

The use of the Nutrizap App will be at your own risk. In addition to the disclaimers provided for in this Term, you agree that the Nutrizap App is provided as is. To the maximum extent permitted by applicable law, the Nutrizap App does not provide any warranty of any kind. Nutrizap does not guarantee that the Nutrizap App (i) will be available without interruptions; (ii) will be error-free; (iii) will make an accurate image analysis; or (iv) will meet the goal you want.

10. ACCEPTABLE USES

Legal Compliance: You must use the Nutrizap App exclusively in compliance with applicable law and only to the extent permitted by it.
Compliance with WhatsApp Policies: You must use the Nutrizap App exclusively in compliance with WhatsApp’s usage policies, committing not to use the Nutrizap App to send any content not allowed by this messaging channel.
Your Responsibilities: You are responsible for your conduct and your content while using the Nutrizap App. By using the Nutrizap App, you undertake to:
(a) Not send messages containing inappropriate, offensive, discriminatory, or illegal content, including content that describes, encourages, supports, or distributes material with child sexual abuse;
(b) Not misuse the Nutrizap App, interfering with its normal operation or attempting to access it by any method other than the interfaces and instructions we provide;
(c) Not investigate, scan, or test the vulnerability of the Nutrizap App infrastructure;
(d) Not decompile, reverse engineer the Nutrizap App, or attempt to do so;
(e) Not transmit any virus, malware, or other type of illicit software, nor links to this type of software through the Nutrizap App; or even, bypass filters, controls, and privacy mechanisms present in the Nutrizap App;
(f) Not infringe the rights of Nutrizap, Meta, or third parties, including intellectual property and privacy rights; nor engage in illegal activities;
(g) Not generate, promote, disseminate, or otherwise use or facilitate content that may harm other individuals, including encouraging self-harm, discrimination, bullying, humiliation, and/or other moral damages;
(h) Not put people at risk of death or physical harm, including content related to illegal drugs, weapons, or self-harm;
(i) Not generate, promote, disseminate, or otherwise use or facilitate adult content, such as erotic conversation, pornography, and content intended to arouse sexual excitement;
(j) Not deceive or mislead others, including, but not limited to activities related to plagiarism, scams, phishing or malware, and promotion of misinformation; and
(k) Not request professional counseling services (such as medical, financial, or legal counseling) or content for use in engaging in other regulated activities (such as political campaigns or lobbying).

11. DATA STORAGE AND PURGE

Nutrizap may store the content of the messages sent to the Nutrizap App, for the purposes listed in the “DATA COLLECTION AND CONSENT” item, for a period of 05 (five) years. The insights and learnings generated through the Nutrizap App may be stored indefinitely, provided they do not contain personal data.
Also, Nutrizap may store the content of the messages sent to the Nutrizap App for the longest prescriptive or decadent period applicable to Nutrizap in the provision of the Nutrizap App, for the purpose of its regular exercise of rights in any judicial, administrative, or arbitral process, as provided by applicable law.

12. SUSPENSION AND TERMINATION OF USE

Nutrizap may suspend or terminate the availability of the Nutrizap App, without any cost or need for prior notice, in the following cases: (i) if the Nutrizap App ceases, at its sole discretion, to be made available free of charge to the general public; (ii) if there is suspicion of misconduct adopted by you; or (iii) if you breach any part of this Term, Meta/WhatsApp policies, or applicable law.
If you wish to terminate the use of the Nutrizap App, you must simply stop using it, without any cost or need for prior notice.
Nutrizap will not be required to provide you, beyond the regular operation of the Nutrizap App and the obligations provided for in applicable law, with the content of the messages trafficked by you.

13. WAIVERS AND LIMITATIONS OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, BLIP, ITS EXECUTIVES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, AND LOSS OF DATA, ARISING OUT OF OR RELATED TO THE Nutrizap App AND THIS TERM, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF BLIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

14. ADDITIONAL PROVISIONS

Entire Agreement. This Term (including any terms referenced herein) constitutes the entire agreement between you and Nutrizap for the use of the Nutrizap App and supersedes any other prior or contemporaneous agreements, terms, and conditions, written or oral, relating to its subject matter.
Independent Contracting Parties. The relationship between you and Nutrizap is that of independent contracting parties, and not of legal partners, employees, or agents of the other party.
No Waiver. The fact that a party fails to enforce a provision in this Term or delays in doing so will not be construed as a waiver by that party of its right to do so later.
Severability. If any provision of this Term is found to be unenforceable by a competent court, such provision shall be considered individually, with the remaining provisions remaining in full force and effect.
Jurisdiction and Law. The parties hereby elect, with express waiver of any other, however privileged it may be, the jurisdiction of Belo Horizonte/MG, Brazil, as the only competent court to resolve any doubts or controversies arising from this Term; being governed by Brazilian law.