1. Agreement
By downloading, installing, or using Nourva App (the "App"), you enter into a legally binding agreement with Nourva App ("we", "us", "our"). These Terms of Service ("Terms"), read together with our Privacy Policy, govern your use of the App in its entirety.
We may update these Terms from time to time. Where changes are material, we will provide at least 14 days notice via in-app notification or email before the change takes effect. Continued use of the App after any update constitutes acceptance of the revised Terms.
2. Eligibility
You must be at least 18 years of age to use Nourva App. By creating an account, you represent and warrant that you satisfy this requirement. If we determine that a user is under the age of 18, we will terminate their account immediately and without refund.
3. Health and medical disclaimer
Please read this section with care. Your use of Nourva App is subject to the following limitations, which you expressly accept by using the App.
Nourva App is a personal wellness and nutrition tracking tool. It is not a medical device, clinical service, or substitute for professional healthcare advice of any kind. Specifically:
- Nourva App has not been approved or cleared by the Therapeutic Goods Administration (TGA), the Food and Drug Administration (FDA), the European Medicines Agency (EMA), or any other health regulatory body as a medical device
- Nutritional values displayed in the App are estimates derived from standardised food databases and may not reflect the precise nutrient content of specific foods, brands, preparations, or cooking methods
- Nutrition targets presented in the App are based on population-level clinical guidelines and may not be appropriate for your individual health circumstances
- AI-generated nutritional estimates are approximations only, are clearly labelled as such within the App, and may contain errors
- Nothing within the App constitutes medical advice, clinical diagnosis, or treatment of any condition
You should always consult a qualified obstetrician, midwife, or registered dietitian before making any health or nutrition decision, and in particular if you are managing a high-risk pregnancy, gestational diabetes, hyperemesis gravidarum, or any other medical condition. By using Nourva App, you expressly acknowledge this and accept all risk associated with your use of the App.
4. Your account
To use Nourva App, you must register an account using a valid email address. You are solely responsible for:
- Providing accurate and current information at registration and keeping that information up to date
- Maintaining the confidentiality of your login credentials
- All activity that occurs under your account, whether or not authorised by you
- Notifying us promptly at hello@nourva.app if you suspect any unauthorised access to your account
Accounts are personal and non-transferable. You may not share your account with another person, create accounts on behalf of others without their explicit consent, or access another person's account without authorisation.
5. Subscriptions and billing
Nourva App offers a free tier and paid Premium plans. All billing, subscription management, and renewals are handled entirely by Apple App Store or Google Play. By purchasing a Premium plan, you agree to the billing terms presented at checkout on the relevant platform. We do not process payments directly and are unable to issue refunds. Refund requests must be submitted directly to:
Deleting your Nourva App account does not automatically cancel your subscription. You must cancel separately through the relevant platform store prior to deleting your account in order to avoid future charges.
6. Acceptable use
You agree not to use Nourva App in any way that is unlawful, harmful, or in breach of these Terms. In particular, you must not:
- Use the App for any unlawful, fraudulent, or deceptive purpose
- Attempt to gain unauthorised access to the App, its servers, databases, or any connected systems
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App
- Copy, modify, distribute, sell, or sublicence any part of the App or its content
- Use automated scripts, bots, scrapers, or similar tools to access or extract data from the App
- Transmit malware, viruses, or any code designed to damage, disrupt, or gain unauthorised access to systems
- Impersonate any person or entity, or misrepresent your identity or affiliation
Breach of this section may result in immediate account termination and may expose you to civil or criminal liability.
7. Intellectual property
All intellectual property in and relating to Nourva App, including but not limited to the App's code, design, interface, graphics, text, data compilations, algorithms, and branding, is owned by or licensed to Nourva App and is protected under applicable intellectual property laws. Nothing in these Terms grants you any right, title, or interest in our intellectual property. You may not use our name, trademarks, logo, or branding without our prior written consent.
Third-party content and data accessed through the App, including USDA FoodData Central nutrition data, NIH database content, TheMealDB recipe data, and nutrition data accessed through API Ninjas, Edamam, Chomp, and Open Food Facts, is owned by its respective proprietors and is used under licence.
8. No warranties
To the fullest extent permitted by applicable law, Nourva App is provided on an "as is" and "as available" basis, without any warranty of any kind, whether express or implied. We do not warrant that the App will be uninterrupted, error-free, secure, or free from harmful components. We do not warrant the accuracy, completeness, or reliability of any nutritional data or AI-generated estimates displayed in the App. We do not warrant that the App will meet your particular requirements or expectations.
9. Limitation of liability
This section limits the financial responsibility Nourva App can carry in the event of a claim. It exists to ensure the App can continue operating for all users.
To the fullest extent permitted by applicable law, Nourva App and its owners, directors, and employees will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the App. This includes, without limitation, damages relating to health outcomes, loss of data, or decisions made in reliance on nutritional information provided by the App.
Our total aggregate liability to you for any claim arising under or in connection with these Terms or your use of the App will not exceed the greater of: (a) the total amount you paid to us in the 12 months preceding the claim; or (b) AUD $100.
Certain jurisdictions do not permit the exclusion or limitation of liability for certain types of loss. In those jurisdictions, our liability is limited to the maximum extent permitted by law.
Any decision you make regarding your health or pregnancy on the basis of information provided by the App is your own decision, made at your own risk. Nourva App bears no liability for any health outcome resulting from such a decision.
10. Your responsibility to us
This section means that if your misuse of Nourva App results in a legal claim against us, you agree to cover our costs. It does not apply to ordinary use of the App.
You agree to indemnify and hold harmless Nourva App and its owners, directors, and employees from and against any claims, losses, liabilities, and legal costs (including reasonable legal fees) arising from: (a) your use of the App in breach of these Terms; (b) your violation of any applicable law or regulation; or (c) any false or misleading information you provide through the App.
11. Resolving disagreements
We aim to resolve any concern quickly and informally. The following process applies to all disputes.
Step 1: Contact us first (required)
Before initiating any formal process, you must contact us at hello@nourva.app with a written description of your concern. You agree to allow us 60 days to attempt to resolve the matter. The majority of concerns can be resolved at this stage without further action.
Step 2: Binding arbitration
If the matter is not resolved informally within 60 days, you agree that the dispute will be referred to binding individual arbitration in Melbourne, Victoria, Australia, administered under the rules of the Australian Centre for International Commercial Arbitration (ACICA). By agreeing to arbitration, you waive any right to bring the matter before a court and any right to participate in a class action or representative proceeding. The arbitrator's decision is final and binding on both parties.
Step 3: Emergency relief
Either party may seek urgent injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm while arbitration is pending. This is the only circumstance in which court proceedings may be initiated.
If mandatory arbitration is unenforceable in your jurisdiction, disputes will be determined by the courts of Victoria, Australia. If you are a consumer in a jurisdiction where mandatory consumer protection laws apply that cannot be excluded by contract, nothing in this section limits any rights you hold under those laws.
12. Termination
We may suspend or terminate your account immediately and without prior notice if you breach these Terms or if your conduct is reasonably determined to pose a risk to Nourva App, other users, or third parties. You may close your account at any time by emailing hello@nourva.app. Termination does not entitle you to any refund of fees paid. Sections 3, 8, 9, 10, 11, 13, and 14 of these Terms survive termination.
13. Governing law
These Terms are governed by and construed in accordance with the laws of Victoria, Australia, without reference to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
14. General provisions
If any provision of these Terms is found by a court or arbitrator to be unenforceable or invalid, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, without affecting the validity or enforceability of the remaining provisions. These Terms, read together with our Privacy Policy, constitute the entire agreement between you and Nourva App with respect to the App and supersede all prior representations, understandings, or agreements.
15. Contact
All legal enquiries: hello@nourva.app