The Athlete's FoodCoach Terms and Conditions

Last updated: September 12, 2024

Effective date: December 29, 2023

The Athlete's FoodCoach

Blanco FoodCoach B.V. (“Blanco FoodCoach,” “we,” “us,” or “our”) delivers personalized nutrition advice via the FoodCoach app and website (“FoodCoach”) and certified professional dietitians and nutritionists ("the Services”). These general terms and conditions (hereinafter referred to as "Terms"), together with the Privacy Statement, apply to FoodCoach and the Services.

DISCLAIMER: Blanco FoodCoach through FoodCoach and the Services offers general guidance for dietary and wellness goals. It does not provide medical advice, diagnosis, or treatment. Users with pre-existing health conditions should consult healthcare professionals before making significant lifestyle changes. FoodCoach' content is for informational purposes only and should not replace professional medical advice. Individual responses to dietary changes vary, and FoodCoach or the Services do not guarantee specific outcomes. Users are encouraged to exercise discretion and consult with healthcare providers for personalized advice. Blanco FoodCoach is not liable for any consequences resulting from the use of FoodCoach or the Services.

Participation

• By participating in FoodCoach you agree to these Terms.
• If you are using the paid version of FoodCoach or the Services, you must at all times pay the fees that you incur for the usage of thereof. In case you fail to pay these fees on time, then we reserve the right to terminate your access to this paid version of FoodCoach or the Services- without limitation to any of our rights to claim damages because for such a breach.
• To enjoy all the benefits of FoodCoach or the Services, such as receiving a personal nutrition plan, you must register for FoodCoach or the Services. This can be done by downloading FoodCoach via the Apple Store or via Google Play. FoodCoach falls under the definition of Applications.
• To participate in FoodCoach or the Services you must be a natural person aged 18 or older. By participating in FoodCoach or the Services you declare that you have complied with this.
• You guarantee that all information entered in your profile is complete, correct and up-to-date.
• The personal data entered will be stored in the FoodCoach database. By using FoodCoach or the Services, you agree that you have read and agree to the terms of the Privacy Statement

Usage FoodCoach

In FoodCoach you will create training sessions for the sport you practice. With the training schedule and your health data your daily energy balance is calculated. From your energy balance a nutrition plan is calculated. This nutrition plan is divided over the day (breakfast, lunch, dinner, snacks and eating during exercise). We translate the necessary ingredients into products. FoodCoach further offers

1. Dynamic meal planning.
   Log or discover 1500+ pro meals for real-time results on your plate.
2. Seamless integration
   Connect with Strava and Garmin and other activity trackers and training plan providers to update your nutrition plan with the latest activity data.
3. Learning by doing
   Find your focus with hands-on challenges that guide you through key nutrition topics.

Blanco FoodCoach may use artificial intelligence and machine learning technologies, including without limitation OpenAI, Anthropic, and Mistral (collectively, “AI Technologies”) to perform certain FoodCoach services ("AI Services"). Furthermore, you acknowledge and agree that: (i) given the predictive and fast evolving nature of AI Technologies, Blanco FoodCoach cannot guarantee that outputs and responses generated through use of the AI Services (“Outputs”) will be 100% accurate and/or free from hallucinations, or will accurately or completely reflect facts; (ii) it will not rely on Outputs as a sole source of truth or factual information, or as a substitute for professional advice; (iii) it will evaluate Outputs for accuracy and appropriateness for each applicable use case, including using human review as appropriate before using or sharing Outputs; (iv) it will not use Outputs relating to a person for any purpose in a manner that could have a legal or material impact on that person, including without limitation in connection with making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them; (v) due to the nature of AI Technologies, Outputs may not be unique and others may receive similar Outputs from the AI Services; and (vi) you will not use the AI Services to generate Outputs that violate another’s rights, including, without limitation, by way of an infringement of intellectual property rights.

Control and abuse

• We reserve the right to check the use of FoodCoach or the Services by participants for compliance with the Terms.
• You are solely responsible for your use of FoodCoach or the Services, your account, and your personal information. You may not use Foodcoach or the Services or enable anyone else to use FoodCoach or the Services, in a manner that: violates or infringes someone else's rights of privacy, copyright, trademark, or other intellectual property right; bullies, harasses, or intimidates; defames; or spams or solicits our users without express consent. You must also respect our rights and adhere to the rules and policies posted on FoodCoach. You may not do any of the following (or assist anyone else to do so): violate or infringe our copyrights, trademarks, or other intellectual property or proprietary rights; copy, archive, download, upload, distribute, broadcast, display, make available, or otherwise use any portion of FoodCoach or the content on FoodCoach without our express consent; use FoodCoach or any part for any commercial purposes without our express consent; or copy, modify, distribute, sell, or lease any part of FoodCoach, or reverse engineer or attempt to extract the source code relating to FoodCoach, without our express consent. You may not use FoodCoach or the Services or any part in ways that are not authorized by these Terms or applicable laws, rules, or regulations, nor may you help others in doing so.
• It is also not allowed:
  
  • retrieve and reuse a substantial portion of the content of FoodCoach and/or repeatedly and systematically retrieve and reuse non-substantial portions of the content of FoodCoach; and/or
  • to use any software and/or hardware tools and/or solutions (in-house or made available by third parties), insofar as these are aimed at taking over any information made accessible via FoodCoach, or to use FoodCoach via robots or spider, scrape, search, or otherwise misuse in any way.
• FoodCoach may refuse, withdraw or cancel the issuance of the FoodCoach account in any form and (at any time) remove a participant from FoodCoach if there are reasonable grounds to believe that:
  
  • abuse or attempted abuse of FoodCoach;
  • any violation or attempted violation of these Terms;
  • any behavior related to FoodCoach that involves theft, misconduct, offensive behavior or the provision of incorrect or misleading information.

Liability

• Although we strive for the utmost care with regard to FoodCoach, the Services, the App and our website, it cannot guarantee that they will not contain defects or imperfections.
• We are in no way liable for unauthorized use of your FoodCoach account by third parties.
• We are not liable for damage of any nature whatsoever resulting from or related to participation in FoodCoach or the Services, including but not limited to illness or a negative influence on the (sports) performance of the participant that would be the result of using FoodCoach. Participation in FoodCoach or the Services is therefore at your own risk
• You agree, to the extent permitted by applicable law, to indemnify, defend, and hold Blanco FoodCoach harmless from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorney's fees) arising out of or relating to: (i) your access to or use of the Service or your account, (ii) your content, or (iii) your breach or alleged breach of these Terms or your violation or alleged violation of any applicable law, rule, or regulation.
• You can choose to connect to a dietitian and/or nutritionist via FoodCoach. After contact with the dietician and/or nutritionist has been made, the further process with the dietician and/or nutritionist falls outside the scope of FoodCoach. We are not liable for damage of any nature whatsoever resulting from or related to the process with the dietician and/or nutritionist.
• These Terms only apply to FoodCoach, the Services, and our website and not to any websites, applications, platforms, content, or information of third parties, even if there are third-party links or content available in FoodCoach. Each third party will have its own terms and privacy policies. You agree that we are not responsible or liable for any third party's terms, content, information, actions, or omissions.

Intellectual property

• FoodCoach is protected by copyright, trademark and other intellectual property laws of both the Netherlands and other countries. Blanco FoodCoach reserves all rights not expressly granted to you. Your use of FoodCoach does not constitute a transfer of any intellectual property rights from FoodCoach to you. You are only granted a non-transferable, non-exclusive, non-sublicensable, limited license to use the FoodCoach for the purposes specified on the Applications.
• You acknowledge that all (intellectual property) rights with regard to FoodCoach, including but not limited to the intellectual property rights with regard to the texts, photos, videos, recipes and software, are vested exclusively in Blanco FoodCoach or its licensors.
• The (parts of the) FoodCoach may not be reproduced or made public (in whole or in part) in any way and in any form, unless stipulated otherwise in these Terms and/or insofar as mandatory law stipulates otherwise.

Termination by Participant

YYou can terminate your participation in FoodCoach or the Services at any time by deleting your FoodCoach profile in the app.

Termination by Blanco FoodCoach

Blanco FoodCoach has the right at all times to terminate FoodCoach or the Services, without being obliged to pay damages and/or any other compensation to the participants in any way. For clarity, whether it continues to store any user data shall also be at Blanco FoodCoach's sole discretion.

Changes to Terms

Blanco FoodCoach has the right at all times to change FoodCoach, the Services or to change these Terms and the Privacy Statement. We reserve the right to modify its prices at all times. A modification of these prices shall constitute a significant change to these Terms. Any modification of these prices will become effective the next month after you are notified thereof.

This and other significant changes to the Terms and/or the Privacy Statement will be brought to your attention within the Applications. We will inform you at least two (2) weeks in advance about a significant change or termination of FoodCoach or the Services via the email address provided by you. By continuing to access or use FoodCoach or the Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not accept any revisions to these Terms, you should discontinue using FoodCoach or the Services

Governing Law and Courts

Dutch law applies to these Terms and to FoodCoach and the Services. All disputes in connection with this will be submitted to the court of Oost-Brabant location 's-Hertogenbosch in the Netherlands.

Contact

If you have any questions or comments about FoodCoach or the Services, please contact us: info@theathletesfoodcoach.com