SaaS Terms for Nutritionists
CalorieScience Platform
Revision History
Version 3.3 - April 2026. Article 9 condition migrated to dual-basis architecture: Article 6(1)(b) Contract + Article 9(2)(h) provision of health or social care or treatment as primary; Article 9(2)(a) explicit consent retained as a supplementary condition for AI-assisted processing only. Practitioner warranty in clause 12.2.1 rewritten accordingly and aligned with the Master DPA v2.3 and the new Appropriate Policy Document (Doc 21).
Version 3.2 — 27 April 2026. Clause 14.4 updated to align with DPA v2.2: reasonable-notice standard for Sub-Processor changes, with an urgent / critical carve-out for time-critical product, security, availability or regulatory changes.
Version 3.1 — 23 April 2026. Pre-publication editorial polish: contracting entity details populated; cross-references to DPA v2.1, AI Transparency Statement and Platform Privacy Notice reconciled.
Version 3.0 — 01 April 2026. Structural uplift: fair-use / acceptable-use, AI-assistance scope, liability and indemnity, sub-processor notification and termination clauses aligned with Phase 1 GDPR compliance pack.
Version 2.0 — 31 March 2026. Initial full draft of the SaaS Terms for Nutritionists circulated for internal review.
Version 3.4 — June 2026. Added DataRep (Data Protection Representative Limited, Ireland reg. 616588) as the appointed UK & EU Article 27 representative and EU DSA Article 13 legal representative in the Contact section, and added clause 25.7 (Digital Services Act: hosting-service status, single point of contact, notice-and-action, and statement of reasons).
Version: 3.4 | Effective date: 19 June 2026
1. Introduction and Acceptance
These terms ("Terms") govern your access to and use of the CalorieScience platform ("Platform"), operated by CalorieScience Healthtech Private Limited (Pte Ltd), a company incorporated in Singapore with registered office at 160 Robinson Road, #14-04 Singapore Business Federation Center, Singapore 068914 ("CalorieScience", "we", "us", "our"). By registering for an account, you agree to be bound by these Terms, our Platform Privacy Notice, the Statement of AI Transparency, and the Master Data Processing Agreement ("DPA") incorporated by reference in Section 14.
2. Eligibility and Service Positioning
2.1 The Platform is intended for use by qualified nutritionists, dietitians and healthcare professionals ("Practitioners"). By registering, you represent and warrant that you hold the necessary professional qualifications, registrations and, where required, insurance, and are legally permitted to provide nutritional or dietary services in each jurisdiction where you operate.
2.2 You must be at least 18 years of age to register for an account.
2.3 The Platform is a professional practice-management and nutritional-workflow tool. It does not diagnose disease, does not recommend or modify medical treatment, and is not intended for emergency or triage use. AI-assisted OCR may extract and transcribe biomarker values from uploaded reports, and AI-assisted features may generate nutritional analysis, pattern identification and meal-plan suggestions for Practitioner review. These outputs are decision-support information only: they are not autonomous diagnosis, treatment, triage, or clinical decision-making by CalorieScience. The Practitioner must independently verify all extracted values against the original source documents and must review, modify where appropriate, and approve any AI-assisted output before using it with an End Client. The platform is not a medical device within the meaning of the EU Medical Devices Regulation 2017/745 or the UK Medical Devices Regulations 2002. Clinical interpretation and any resulting advice to a client are performed exclusively by the Practitioner.
3. Account Registration and Security
3.1 Access to the Platform requires a registered professional account. You agree to provide accurate and complete registration information and to keep it up to date.
3.2 CalorieScience may request evidence of professional qualifications or regulatory status and may suspend or terminate access where it reasonably believes a Practitioner is not appropriately qualified or authorised.
3.3 You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account, except to the extent caused by CalorieScience's breach of these Terms.
3.4 CalorieScience may require multi-factor authentication for Practitioner accounts. You are responsible for enrolling and maintaining MFA factors promptly when prompted.
3.5 You must notify us promptly at info@caloriescience.ai if you become aware of any unauthorised use of your account or of Customer Data.
4. Relationship with End Clients
4.1 The Platform allows you to invite individual clients or patients ("End Clients") to access specific features, complete questionnaires, upload reports and receive meal plans generated under your supervision. End Clients access the Platform solely through and under the control of a Practitioner account.
4.2 There is no contractual relationship between CalorieScience and any End Client under these Terms. CalorieScience's direct obligations to End Clients arise solely under the Platform Privacy Notice and applicable Data Protection Laws.
4.3 You are responsible for ensuring End Clients understand that CalorieScience does not provide healthcare services and that any advice, diagnosis, treatment or nutrition plan is provided by you, not by CalorieScience.
4.4 You must ensure End Clients keep their login details confidential and must promptly disable access where an End Client relationship ends or where access is no longer appropriate.
5. Subscription, Billing and Payment
5.1 Access to the Platform is subject to payment of the applicable subscription fees as set out in the pricing schedule published on our website.
5.2 Subscription fees are invoiced 3 months in advance. Payment is due within 14 days of invoice.
5.3 Subscription payments are processed by our payment provider, Stripe Payments Europe Ltd (or Stripe, Inc. as applicable), under Stripe's own terms. CalorieScience does not receive or store raw payment card data.
5.4 If payment is not received by the due date, we may suspend access to the Platform upon 10 days' written notice, without prejudice to our other rights.
5.5 All fees are exclusive of applicable taxes (see Section 6).
5.6 We may adjust subscription fees with at least 60 days' prior written notice before the next renewal period. If you do not agree to the adjusted fees, you may terminate your subscription before the new fees take effect.
6. Taxes
6.1 You are responsible for any sales, value-added, use, goods-and-services, or similar taxes, tariffs, levies, duties or governmental charges due in connection with your subscription, except for taxes based on CalorieScience's net income.
6.2 If CalorieScience is required by law to collect and remit any such taxes, those amounts will be added to your invoice and are payable by you.
6.3 If you are exempt from any applicable tax, you must provide CalorieScience with a valid exemption certificate or equivalent documentation.
7. Free Trial
7.1 CalorieScience may, at its sole discretion, offer a subscription with a free trial for a limited period ("Free Trial").
7.2 You may be required to provide billing information to sign up for the Free Trial. You will not be charged until the Free Trial period expires.
7.3 Unless you cancel your subscription before the end of the Free Trial period, you will be automatically charged the applicable subscription fee for the plan you selected.
7.4 CalorieScience reserves the right to modify or cancel any Free Trial offer at any time without prior notice.
8. Refunds
8.1 All subscription fees are non-refundable and non-transferable unless otherwise required by applicable law, including mandatory UK/EU consumer rights where they apply.
8.2 If you cancel an annual subscription mid-term, your access will continue until the end of the paid period. No pro-rata refund will be issued for the unused portion.
8.3 Refund requests for exceptional circumstances may be considered by CalorieScience on a case-by-case basis at its sole discretion.
9. Service Availability and SLA
9.1 We will use commercially reasonable efforts to maintain Platform availability of 99.5% measured on a monthly basis, excluding scheduled maintenance windows.
9.2 Scheduled maintenance will be notified at least 48 hours in advance where practicable.
9.3 In the event of downtime exceeding the availability target for two consecutive months, you may request a service credit proportionate to the downtime, capped at 10% of the monthly fee.
9.4 This SLA does not apply to force majeure events (Section 22), third-party service failures outside our reasonable control, or issues caused by your use of the Platform in breach of these Terms.
10. Acceptable Use
10.1 You agree to use the Platform exclusively in a professional capacity to manage your clients' nutritional services.
10.2 You must not:
- use the Platform for unlawful purposes or in violation of professional standards or third-party rights.
- introduce malicious code, malware or disruptive components;
- attempt to gain unauthorised access to any part of the Platform, other users' accounts, or supporting systems.
- use the Platform in a manner that could compromise Platform security or the privacy of other users.
- sublicense, resell or redistribute access to the Platform without our prior written consent.
- store or transmit raw payment card data (CalorieScience processes subscription payments exclusively via Stripe and does not accept card data by any other channel).
- use the Platform as the sole basis for any clinical diagnosis, emergency triage or other high-risk decision where failure could result in death or serious harm. The Platform is not designed or validated for such use.
11. Your Professional Responsibilities
11.1 You maintain full professional responsibility for the dietary, nutritional and health-related services you provide to your clients. You must operate within your professional scope of practice and applicable regulatory requirements.
11.2 The Platform provides tools to assist you. It does not provide medical or clinical advice, does not supervise your professional activities, and does not verify the clinical accuracy of any advice you provide to End Clients.
11.3 Your obligation to review AI-assisted outputs (Section 13) is an extension of your existing professional duty of care. Nothing in these Terms imposes a separate or additional liability on you beyond that duty of care; equally, nothing shifts that duty of care to CalorieScience.
12. Data Protection Obligations
12.1 Roles
12.1.1 For personal data relating to End Clients (including Article 9 special category health data), you act as the Data Controller and CalorieScience acts as Data Processor under the Master Data Processing Agreement (DPA).
12.1.2 For personal data relating to Practitioners themselves (account, billing, authentication, diagnostics, security logs and support communications), CalorieScience acts as an independent Data Controller under the Platform Privacy Notice.
12.2 Lawful basis
12.2.1 You represent and warrant that, before uploading or causing the upload of any End Client data to the Platform: (i) you have an appropriate Article 6 lawful basis (typically Article 6(1)(b) Contract for the practitioner-client care contract); (ii) for Special Category Data concerning health, you rely on Article 9(2)(h) UK/EU GDPR (provision of health or social care or treatment) as the primary condition, processing the data by or under the responsibility of a professional subject to an obligation of professional secrecy, supplemented by Article 9(2)(a) explicit consent for any AI-assisted processing layer you enable; (iii) where you are established in or process data in the United Kingdom, you satisfy Schedule 1 Part 1 paragraph 2 of the Data Protection Act 2018 (Health or social care purposes) and have an Appropriate Policy Document in place under Schedule 1 Part 4 paragraph 39 where applicable; (iv) you have provided the required Article 13 or 14 transparency information to the End Client; and (v) you maintain records sufficient to demonstrate (i) to (iv).
12.3 International transfers
12.3.1 Customer Data is hosted in AWS eu-central-1 (Frankfurt, Germany). Access by CalorieScience personnel outside the UK and the EEA, including from Singapore and India, relies on the transfer mechanisms set out in the DPA (the UK IDTA for UK data and EU SCCs Module 2 for EU data).
12.4 Breach notification
12.4.1 Personal data breaches affecting Customer Data are notified as set out in the DPA.
12.5 Retention
12.5.1 Customer Data is retained while your subscription is active and for the periods set out in the DPA. In summary: End Client health records, meal plans, questionnaires and notes are retained for a duration configured by the Practitioner in line with their own obligations; prospective-client data is erased after 30 days if not converted to active; backups follow a 35-day rolling retention cycle.
12.6 UK and EU Representatives (Article 27)
12.6.1 Because CalorieScience is not established in the UK or the EU, it has appointed representatives under Article 27 UK GDPR and Article 27 EU GDPR:
UK Representative: DataRep (Data Protection Representative Limited) - UK contact location: 85 Great Portland Street, London, W1W 7LT, United Kingdom.
EU Representative: DataRep (Data Protection Representative Limited), 77 Camden Street Lower, Dublin, D02 XE80, Ireland.
12.6.2 Data subjects may contact the relevant representative in their own language on matters relating to the processing of their personal data.
12.7 Data subject rights
12.7.1 You are responsible for providing privacy information to your clients and for responding to data subject rights requests relating to End Client data.
12.7.2 CalorieScience will assist you in responding to such requests as set out in the DPA.
13. AI-Assisted Features
13.1 The Platform includes AI-assisted tools for nutritional analysis, biomarker extraction from uploaded reports, pattern identification in food logs, and meal-plan generation ("AI Features"). These tools are advisory only.
13.2 You must review, validate and approve all AI-generated outputs before they are used in providing advice or services to End Clients.
13.3 CalorieScience makes no representation that AI outputs are clinically accurate, complete, or suitable for any particular End Client. You are solely responsible for all professional decisions based on or informed by AI outputs.
13.4 CalorieScience does not use Customer Data (including End Client personal data and special category health data) to train, retrain, fine-tune or otherwise improve any general-purpose AI model or any third-party AI model. Prior to any call to a third-party AI provider, CalorieScience removes direct identifiers from Customer Data (a minimisation step, not anonymisation for Article 4(5) purposes), and all third-party AI providers engaged by CalorieScience are subject to zero-data-retention contractual terms that prohibit the provider from retaining, logging or training on the content of the call.
13.5 CalorieScience may use aggregated and anonymised information derived from use of the Platform (in a form that cannot be used to identify any Practitioner or End Client, directly or indirectly) for analytics, service improvement, benchmarking and research. Nothing in this clause permits the use of Customer Data for model training contrary to Section 13.4.
13.6 The AI Features are designed as decision-support tools for a qualified Practitioner and are not intended to (a) make autonomous clinical decisions, (b) perform diagnosis, or (c) triage emergencies. CalorieScience considers, on the basis of the intended use cases set out in the Statement of AI Transparency, that the AI Features do not fall within the high-risk categories in Annex III of the EU AI Act.
13.7 By using the Platform, you acknowledge the terms of the Statement of AI Transparency.
14. Data Processing Agreement
14.1 For End Client personal data, CalorieScience acts as Data Processor and processes data solely on your documented instructions. This relationship is governed by the CalorieScience Master Data Processing Agreement (DPA), which is incorporated into these Terms by reference and forms a binding part of this agreement.
14.2 The DPA includes the UK International Data Transfer Addendum and the EU Standard Contractual Clauses for Restricted Transfers.
14.3 By accepting these Terms at registration, you also accept the DPA. You confirm that you have reviewed the DPA, which is available on request by contacting info@caloriescience.ai.
14.4 Sub-processors engaged by CalorieScience are listed in Annex III to the DPA and summarised in our Platform Privacy Notice. CalorieScience will notify you of intended changes to Sub-Processors with at least 7 days' prior written notice; for urgent or critical changes (including security, availability or regulatory matters), notice will be given as soon as reasonably practicable. You may raise a reasonable data-protection objection within 7 days of the notice.
15. Intellectual Property
15.1 CalorieScience retains (as a Processor acting on the Practitioner's instructions) all intellectual property rights in the Platform, including software, documentation, user interfaces, designs, trademarks, and any improvements or modifications made during the term.
15.2 You retain all rights in the Customer Data (including End Client data) that you upload to the Platform. CalorieScience acquires no rights in Customer Data other than the rights expressly granted in these Terms and the DPA.
15.3 We grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to use the Platform during the subscription term for your internal professional practice.
15.4 You grant CalorieScience a non-exclusive, worldwide licence to host, copy, process, transmit and display Customer Data as necessary to provide, secure, maintain and operate the Platform, perform our obligations under these Terms, and comply with law.
15.5 Where CalorieScience generates aggregated and anonymised statistical information from Customer Data, such derived statistical information is owned by CalorieScience provided that (a) it does not identify, and cannot reasonably be used to re-identify, any Practitioner or End Client, and (b) it is not used in a manner that reverses or undermines the licence boundaries in Section 15.4. For the avoidance of doubt, Customer Data itself remains owned by you.
15.6 You must not attempt to copy, modify, reverse engineer or create derivative works of the Platform (except to the extent such restriction is prohibited by applicable law), and must not remove proprietary notices from the Platform.
16. Confidentiality
16.1 Each party will protect the other party's confidential information using at least the same degree of care as it uses to protect its own similar information, and in any event not less than reasonable care, and will use such information only for the purposes of performing obligations under these Terms.
16.2 Confidentiality obligations do not apply to information that is publicly available, already known without breach, independently developed, or required to be disclosed by law (subject to notice where lawful).
16.3 Customer Data is treated as your confidential information regardless of whether it meets any general definition of "Confidential Information", without prejudice to the parties' data protection obligations.
17. Disclaimer of Warranties
17.1 The Platform is provided on an "as is" and "as available" basis. Subject always to Section 18.3, CalorieScience does not give any warranties, conditions or other terms (whether express, implied, statutory or otherwise) in respect of the Platform and, to the maximum extent permitted by law, excludes any such warranties, conditions or terms, including any implied warranties or conditions of satisfactory quality, fitness for a particular purpose, accuracy, compliance with description, and non-infringement.
17.2 Without limiting the generality of Section 17.1, CalorieScience does not warrant that the Platform will be uninterrupted, error-free, secure, free of harmful code, or that defects will be corrected, and makes no warranties regarding the clinical accuracy or suitability of any AI-generated output.
17.3 Nothing in this Section 17 excludes or limits any warranty, condition or other term that cannot be excluded or limited under applicable law (including mandatory consumer protections, where they apply).
18. Limitation of Liability
18.1 Subject to Section 18.3, each party's total aggregate liability under or in connection with these Terms (whether in contract, tort (including negligence), breach of statutory duty or otherwise) is limited to the lesser of GBP 50,000 or 125% of the total fees paid or payable by the Practitioner in the 12 months preceding the first event giving rise to the claim.
18.2 Subject to Section 18.3, neither party will be liable for any indirect, consequential, incidental, or punitive damages, including loss of profit, loss of revenue, loss of goodwill, or loss of data, except that this exclusion does not apply to (a) CalorieScience's obligations under the DPA, (b) statutory data subject compensation rights under Article 82 UK/EU GDPR, or (c) amounts CalorieScience is required to contribute in accordance with Article 82(4)-(5) following a joint or several liability determination.
18.3 Nothing in these Terms excludes or limits either party's liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot lawfully be excluded or limited under applicable law (including the Unfair Contract Terms Act 1977 and equivalent provisions in UK/EU jurisdictions); or (d) either party's obligation to pay fees properly due.
19. Indemnification
19.1 You will indemnify CalorieScience against third-party claims (and associated reasonable legal costs) to the extent arising from:
- nutritional, dietary or health advice given by you to an End Client, whether or not informed by the Platform;
- your failure to establish a lawful basis or to provide required Article 13/14 transparency to End Clients;
- your use of AI outputs without appropriate professional verification; or
- your material breach of these Terms.
19.2 CalorieScience will indemnify you against third-party claims (and associated reasonable legal costs) to the extent arising from CalorieScience's breach of the DPA as Processor, or from infringement by the Platform of third-party intellectual property rights.
19.3 Each indemnity is subject to customary procedural requirements (prompt notice, control of the defence by the indemnifying party, good-faith cooperation, and no settlement adverse to the indemnified party without its prior written consent (not to be unreasonably withheld)) and to the limitation of liability in Section 18.
20. Term and Termination
20.1 These Terms commence on the date of your account registration and continue for the subscription period, renewing automatically for successive renewal terms unless either party gives notice of non-renewal.
20.2 Either party may terminate for convenience by giving at least 30 days' written notice before the end of the current subscription period.
20.3 Either party may terminate these Terms with immediate effect by written notice if the other party:
- commits a material breach which is not remedied within 14 days of written notice; or
- becomes insolvent or is subject to equivalent proceedings.
20.4 CalorieScience may suspend or terminate access immediately where: (a) fees are unpaid for more than 30 days after the due date; or (b) continued provision would expose CalorieScience to legal or regulatory risk.
21. Effect of Termination: Data Return and Deletion
21.1 On termination, CalorieScience will make your Customer Data available for export in a structured, commonly used, machine-readable format for a period of 30 days.
21.2 After the export period, CalorieScience will securely delete all End Client personal data in accordance with the DPA, within 90 days of the request, subject to any retention required by applicable law. Data in encrypted backups will be overwritten within the 35-day backup rotation cycle.
21.3 CalorieScience will certify deletion in writing upon your request.
22. Force Majeure
Neither party will be liable for failure to perform obligations under these Terms to the extent caused by circumstances beyond its reasonable control, including natural disasters, acts of government, epidemics, war, terrorism, labour disputes, infrastructure failures, or third-party service outages, provided the affected party uses reasonable efforts to mitigate the impact and notifies the other party promptly.
23. Modifications to the Platform and Terms
23.1 CalorieScience may modify Platform features or functionality to enhance the platform, address operational requirements, or comply with legal obligations.
23.2 Material changes to these Terms will be notified at least 30 days in advance. Continued use of the Platform after the effective date of changes constitutes acceptance. If you do not accept a material change, you may terminate your subscription before the change takes effect, without prejudice to any mandatory consumer-protection or statutory rights that may apply to you.
24. Governing Law and Dispute Resolution
24.1 These Terms are governed by the laws of Singapore, without prejudice to mandatory rights available to data subjects under the UK GDPR, EU GDPR or other applicable Data Protection Laws.
24.2 Any dispute arising under these Terms will first be escalated to senior management of both parties for good-faith resolution within 30 days.
24.3 If the dispute is not resolved under Section 24.2, either party may refer it to mediation administered under the rules of the Singapore Mediation Centre. If mediation does not resolve the dispute within 60 days, either party may submit the dispute to the non-exclusive jurisdiction of the courts of Singapore.
24.4 Nothing in this Section prevents either party from seeking injunctive or other urgent equitable relief from a court of competent jurisdiction, and nothing affects the rights of UK or EU data subjects to lodge complaints with their supervisory authority or to seek remedies under Article 79 or Article 82 GDPR in their Member State or in the UK.
25. General Provisions
25.1 Entire Agreement: These Terms, together with the DPA, Platform Privacy Notice, and Statement of AI Transparency, constitute the entire agreement between the parties regarding the Platform and supersede all prior agreements.
25.2 Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
25.3 Waiver: Failure to enforce any provision does not constitute a waiver of that provision.
25.4 Assignment: You may not assign these Terms without our prior written consent. We may assign our rights and obligations to an affiliate or successor entity with notice to you.
25.5 Notices: Notices must be in writing and sent to the registered address or the contact email associated with your account.
25.6 Survival: Provisions that by their nature should survive termination will survive, including Sections 12 (Data Protection), 15 (Intellectual Property), 16 (Confidentiality), 17 (Disclaimer of Warranties), 18 (Limitation of Liability), 19 (Indemnification), 21 (Data Return and Deletion), and 24 (Governing Law and Dispute Resolution).
25.7 Digital Services Act (DSA). The Platform is provided by CalorieScience as a "hosting service" within the meaning of Regulation (EU) 2022/2065 (the Digital Services Act), and not as an online platform or very large online platform. CalorieScience has appointed an EU legal representative under Article 13 of the DSA (see Section 26). Practitioners and End Clients may notify CalorieScience of content stored on the Platform that they consider to be illegal content by contacting info@caloriescience.ai, which is CalorieScience’s single point of contact for the purposes of Articles 12 and 16 of the DSA. CalorieScience will handle such notices in a timely, diligent, non-arbitrary and objective manner and, where it removes, disables or restricts content, will provide the affected user with a statement of reasons in accordance with Article 17 of the DSA. CalorieScience’s rules on permitted content and use are set out in the acceptable-use and professional-responsibility provisions of these Terms and in the Platform Privacy Notice.
26. Contact
If you have any questions about these Terms, please contact us:
General support: info@caloriescience.ai
Privacy / Data Protection Officer: sunil@caloriescience.ai
UK Representative (Article 27 UK GDPR): DataRep (Data Protection Representative Limited) - UK contact location: 85 Great Portland Street, London, W1W 7LT, United Kingdom.
EU Representative (Article 27 EU GDPR): DataRep (Data Protection Representative Limited), 77 Camden Street Lower, Dublin, D02 XE80, Ireland.
EU Digital Services Act — Legal Representative and Point of Contact (Article 13, Regulation (EU) 2022/2065): DataRep (Data Protection Representative Limited), 77 Camden Street Lower, Dublin, D02 XE80, Ireland.