NutriCheck Terms & Conditions

THE FOLLOWING TERMS GOVERN YOUR PARTICIPATION IN OUR NUTRICHECK SERVICE AND TOGETHER WITH THE TERMS & CONDITIONS FOR THE FOOD AND ECOMMERCE SEGMENT OF SPROUT, THEY FORM THE ENTIRETY OF TERMS BETWEEN YOU AND SPROUT.

Introduction

Sprout FZCO (the “Company” “we” or “us”) is a children’s health & technology company offering healthy children food products and nutrition services to parents (or “Customers”) with the objective to help parents to optimize their kids’ dietary habits. 

Sprout Foods

We offer a range of food products for children that parents can purchase from our website, directly. Products include, but are not limited to, ready meals, breakfast meals and frozen products, etc. A team of nutrition scientists and professional chefs develop our menus and recipes which are optimized for their nutritional value and do not contain any additives or preservatives. All our ingredients are sourced from trusted suppliers or farms. All our meals are prepared, cooked and packaged in our commercial kitchen in Dubai, then delivered weekly straight to your door. 

Sprout Nutrition Analysis (“NutriCheck”)

We analyze Food Records provided to us by Customers for their nutritional value using a recognized software by Esha Research. Records used for the analysis are provided to us by Customers directly. We do not add or modify any Records provided to us. We only collect Food Records for NUTRICHECK, at no point do we engage in collecting biological samples (i.e. blood, urine, or other). 

Acceptance of Terms

These Terms of Service (“Terms”) govern your (“you”) participation in our NUTRICHECK SERVICE, including without limitation the collection of Self-Reported Health Information and Food Record Data, data analysis processed by third-party softwares on your behalf and analysis of the results of such Food Record Data in connection with Self-Reported Health Information (all of the above, collectively, the “Service”) provided by SPROUT or its Affiliates.   For the purposes of these Terms, “Affiliates” shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with SPROUT.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY COVER IMPORTANT INFORMATION ABOUT THE SERVICE PROVIDED TO YOU. BY ACCESSING, BROWSING, PURCHASING, SUBSCRIBING TO OR USING ANY PART OF THE SERVICE, OR CLICKING TO ACCEPT OR AGREE TO THE TERMS, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE AND ALL TERMS, CONDITIONS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE, AS IF YOU HAD SIGNED THEM. IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THESE TERMS OF SERVICE, THEN DO NOT ACCESS, BROWSE, PURCHASE, SUBSCRIBE TO OR USE ANY PART OF THE SERVICE.

Eligibility

In order to use SPROUT’s NUTRICHECK Service, you must meet the following eligibility criteria:

• You are at least 18 years of age and have the right, authority and capacity to enter into these Terms and abide by these Terms.
• You are the legal parent or guardian of the minor whose data will undergo the service  
• Your child or guardian child does not currently undergo medical treatment of any kind which could interfere with the Service, particularly if your child is at risk for problems resulting from changes in your diet.
• If your child or guardian child is being treated for chronic medical conditions (including type 1 diabetes or type 2 diabetes), you have checked with your treating physician that this Service is safe for you.
• By using this Service you represent and warrant that you meet the eligibility criteria listed above.

Food Data & Data Submission

In connection with using the NutriCheck you are invited to collect and submit your child’s food records (“Food Records”) to us for the purposes of analysis using specialized software programs.

In order to ensure that we receive the highest-quality Food Records, it is important that you collect the food records in accordance with the instructions we provided and that you submit your data via the channels we designated for such process within the timeframes indicated in the Guidelines, or as otherwise notified to you by the Nutricheck Team.

You will photograph and submit to us your child’s food over a period of time along with supplemental information that will help us qualify and quantify the foods your child consumed. On the basis of your submission, we will provide the NutriCheck analysis service. As part of your on-boarding process, you will be given guidelines and instructions for food record collection and submission which are incorporated by reference into these Terms and you are expected to read and adhere to such guidelines and instructions. 

Testing and Analysis

Sprout and its partners will analyze the Food Records collected and submitted by you using a leading nutrition database to analyze the following:

• Critical nutrient values as defined by global nutrition authorities for children
• Gaps or excesses of nutrients as a result of the analysis as can be reasonably drawn from the data provided
• Composition and diversity of the diet in comparison to guidelines issued by global health authorities

The analysis and interpretation is conducted by certified and qualified professionals in either dietetics, biochemistry or pediatrics. 

Results

SPROUT and/or its Affiliates will analyze the Food Record Data, combine it with Self-reported Health Information you provided and deliver synthesized insight in the form of Results. These Results will be provided to you via electronic mail and/or PDF documents to help you make personalized nutritional and lifestyle choices for your child.

You may choose to follow these recommendations as little or as much as you wish, or you may choose not to follow these recommendations at all. Food Record Data will be saved on SPROUT’s secure cloud servers. The software partners used by SPROUT to analyze your child’s food records will have their own policies on how long, and in what way, they store data sent to them. Please see our Privacy Policy for further information.

Use of Test Results

By using the Service you agree to transfer and assign to SPROUT and its assigns and successors all right, title, and interest in and to data derived from food records and any additional information you submitted to SPROUT. Such derived data is used for improving our data analysis methods and the artificial intelligence engine, and for internal use and studies for generating analytics broadly at the population level. Please read the Privacy Policy for further information on use of this data for these activities.

Waiver of Rights

You understand that you will not receive any compensation by way or cash, equity, or other current or future financial benefit or reward from SPROUT as a result of having your Food Record Data or any data related thereto or derived therefrom analyzed, processed, made the subject of research and development, or included in information that is shared with partners, including commercial partners. You understand that by providing any data, having your data processed, or providing any Self-reported Health Information to SPROUT, you acquire no rights in or to any research or commercial products that may be developed by SPROUT or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that use, include or result from data or any other information you provide to SPROUT.

Possible Risks

By utilizing the NUTRICHECK SERVICE, you represent that you are aware of the potential risks associated with the use of the Service, including the collection and submission of Food Record Data to SPROUT.

Some potential risks associated with the Service are as follows:

• Your child may receive nutrition suggestions indicating foods or supplements to which she is allergic or sensitive. If your child has a known or suspected allergy or sensitivity, you should not follow those suggestions;
• A specific health or medical condition(s) your child may have may not get better or may get worse and she may develop new conditions;
• You may learn information about your child that prompts you to follow up with her physician. You will be fully responsible for the costs of this follow-up testing and any resulting treatment;
• You may find out information about your child that will cause you to worry or become anxious;
• There may be other unknown risks to participation that are not foreseeable at present.

Warranty and Disclaimers

General

THE SERVICE IS NOT A SUBSTITUTE FOR, AND DOES NOT PROVIDE, MEDICAL ADVICE OR CLAIM TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR ILLNESS. THE SERVICE, INCLUDING WITHOUT LIMITATION ANY INFORMATION ON SPROUT’S WEBSITE OR PLATFORMS, IS PROVIDED FOR EDUCATIONAL, INFORMATIONAL, AND ENJOYMENT PURPOSES ONLY WITH THE UNDERSTANDING THAT SPROUT IS NOT ENGAGED IN RENDERING MEDICAL ADVICE OR RECOMMENDATION, AND IS NOT TO BE USED FOR THE DIRECTION OF OR CARE OF INDIVIDUAL PATIENTS.

THE SERVICE IS GENERAL IN NATURE AND IS NOT INTENDED FOR ANY PARTICULAR PURPOSE, INCLUDING, IN ANY WAY, TO BE A SUBSTITUTE FOR A MEDICAL EXAMINATION OR ANY PROFESSIONAL MEDICAL ADVICE, MEDICAL OPINION, DIAGNOSIS OR TREATMENT, SYMPTOM ASSESSMENT, OR HEALTH COUNSELING FOR ITS USERS. ALWAYS SEEK THE ADVICE OF APPROPRIATELY QUALIFIED AND REGULATED HEALTH PROVIDERS WITH ANY QUESTIONS YOU MAY HAVE WITH REGARD TO A SPECIFIC MEDICAL CONDITION FOR TREATMENT OF WHICH YOU ARE CONCERNED. IT IS IMPORTANT NOT TO DISREGARD OR DELAY SEEKING CONSULTATIVE ADVICE BECAUSE OF SOMETHING YOU HAVE READ OR VIEWED WHILE USING THE SERVICE. RELIANCE ON ANY INFORMATION PROVIDED BY THE SERVICE IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF THE SERVICE AND ITS INFORMATION.

Health Disclaimer

SPROUT OR NUTRICHECK DOES NOT OFFER PROFESSIONAL MEDICAL SERVICES OR ADVICE. The service provided by NutriCheck, in particular the results provided via the NutriCheck Analysis, does not contain or constitute, and should not be interpreted as medical advice or opinion. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED. Use of the service is not for medical emergencies. If you think you have a medical emergency, call your emergency hotline.

No Doctor-Patient relationship

The Results provided by NutriCheck are for informational purposes only. NutriCheck is not a medical professional, and NutriCheck does not provide medical services or render medical advice. Nothing contained in the Results should be construed as such advice or diagnosis. The information and reports generated by NutriCheck should not be interpreted as a substitute for physician consultation, evaluation, or treatment, and the information made available on or through the Service should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. YOUR USE OF THE SERVICE DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU, OR YOUR CHILD, AND SPROUT OR BETWEEN YOU AND ANY OF SPROUT’S AFFILIATES OR CONTRACTORS.

If your child is being treated for an illness, has any food-related allergies, is taking prescription medication or following a therapeutic diet to treat a disease, you should consult your physician before using the NutriCheck Service. You represent to NutriCheck (which representation shall be deemed to be made each time you use the Service), that you are not using the Service or participating in any of the activities offered by the Service for the purpose of seeking medical attention. You further agree that, before using the Service, you shall consult your physician, particularly if your child is at risk for problems resulting from changes in your diet. If any information you receive or obtain from using the Service is inconsistent with the medical advice from your physician, you should follow the advice of your physician.

Coaching & Support Team Disclaimer

As part of the Service, you may interact with our Coaching and Support team. The Nutricheck Coaching & Support Team (“CST”) will assist you in collecting the Food Data appropriately, helping you understand the Results, and optionally assist you in optimizing your child’s nutrition-related objectives via information sessions.

The services provided by NutriCheck’s CST are not medical, mental health or any other type of health service. The NutriCheck CST does not conduct psychotherapy or mental health counseling. No diagnosis or treatment of, or advice regarding, any medical or mental health condition or illness will be offered. The NutriCheck CST cannot substitute for, and is not an alternative to, medical, psychiatric, psychological, psychotherapy or other healthcare diagnosis and treatment when a medical or mental health condition or illness is present. You are advised to seek diagnosis, treatment and advice regarding medical or mental conditions or illnesses from physicians practicing medicine, psychotherapists, psychologists and other licensed healthcare and mental health professionals.

Coaching is designed to provide Customers with education, information and individual support regarding nutrition-related issues and objectives. NutriCheck’s CST may provide general information about issues related to nutrition and support Customers in achieving, maintaining and optimizing nutrition-related objectives.

NutriCheck’s CST are not allowed to engage in rendering any type of psychological or healthcare advice for any individual or for his or her particular situation. Under no circumstances will any of your interactions with any NutriCheck CST member in your use of the Service be deemed or construed to create a physician-patient relationship or a fiduciary duty of any kind whatsoever.  IF SPROUT BECOMES AWARE OF OR SUSPECTS ANY MEDICAL OR MENTAL CONDITIONS OR ILLNESS, SPROUT MAY, AT ITS SOLE DISCRETION, TERMINATE ALL OR ANY PORTION OF THE NUTRICHECK SERVICE.

Food Database Disclaimer

As part of the Service, SPROUT uses a third party food database that contains nutritional information (“Food Database”). 

SPROUT AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, NUTRITIONAL OR OTHERWISE, IN THE FOOD DATABASE, AND SPROUT AND ITS AFFILIATES DO NOT ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY SUCH INFORMATION. UNDER NO CIRCUMSTANCES WILL SPROUT OR ITS AFFILIATES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION IN THE FOOD DATABASE.

Commercial Terms

Fees & Charges

SPROUT charges for the NUTRICHECK SERVICE. 

There is a fixed fee for which you may make as a one-off payment when you place your order or by installments (if enabled), as you select when you purchase the service. 

All charges are inclusive of sales and other taxes.

Acceptance of orders

We reserve the right to accept or reject orders for any reason. Price and availability of Service are subject to change without notice You agree that any payment submitted by you for SPROUT’S NUTRICHECK Service is submitted on behalf of yourself, without expectation of any reimbursement by third-party payers. SPROUT does not undertake to submit any information provided by you for reimbursement or payment from private insurance carriers, or any other third-party payers.

Billing & Payments

Billing: We may collect payments from you directly or we may use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”). At present we use Stripe as our Payment Processor. The processing of payments by a Payment Processor will be subject to the terms, conditions and privacy policies of such Payment Processor in addition to this Agreement. We are not responsible for any errors by the Payment Processor. You authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that we or the Payment Processor make even if we or the Payment Processor have already requested or received payment.

Payment method: The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. 

Returns and Refund Policy

All NUTRICHECK SERVICE sales are final and may not be canceled unless your order has not been prepared yet. Preparation typically occurs within 24 hours after order completion. 

If for any reason you are not satisfied with our service, we offer a 30-day money-back guarantee. Contact us within 30 days of your initial purchase, and we will refund your payment in full. 

Any requests for a refund should be made to [email protected].

Termination of Agreement

SPROUT may at any time, terminate this agreement by giving you notice of termination if:

• you have breached any of these Terms;
• SPROUT believes it is required to do so by law;

Any termination of this agreement:

• Terminates all rights granted to the Customer under these Terms.
• Does not affect any and all obligations under these Terms that accrued prior to termination of these Terms, any and all remedies for breach of these Terms, and any and all terms and conditions of these Terms which by their nature should survive termination including, without limitation, terms and conditions related to intellectual property ownership and restrictions, disclaimers, limitations of liability, your indemnification obligations, governing law and terms regarding disputes between us, including without limitation the arbitration agreement.