Nutrasheets™ is a cloud-based application software that allows users to search, import and manipulate nutritional data to build food and beverage formulas and create nutrition facts and ingredient statements. The Service is offered and provided subject to these Terms and solely for Your business purposes. You and your authorized users may connect to the Service using any Internet browser supported by the Service. The Service requires a Google account that will be used to access the Service user interfaces and data sources. You understand and acknowledge that You are solely responsible for obtaining the Internet access and all equipment necessary to use the Service, for appropriately configuring Your Google account for accessing the Service. All fees associated with the foregoing shall be paid by You.

Nutrition Engineering hosts Nutrasheets™ platform in datacenters on Google infrastructure, including Google Cloud Platform, using its technologies and following its principles. By using Nutrasheets™ platform and related services, you agree with Google's Terms and Privacy Policy, entering into the same legal relationship with Nutrition Engineering, equivalent, in all aspects, with your legal agreement with Google. By using Nutrasheets™ platform and related services, you also agree that Nutrasheets™, as a Google Cloud Platform user, is bound to the Terms of Services, Privacy Policy and Acceptable Use Policy agreements of the latter, and therefore these agreements are also binding to you the User, and that Nutrition Engineering can take any action necessary to ensure these conditions are fulfilled. Additional groupings of features and/or usage quotas may be added to the Service and made available to You as a paid upgrade ("Paid Plan"). If You choose to subscribe to a Paid Plan, You shall pay fees to Nutrition Engineering upon selection of a Paid Plan, and You will provide Nutrition Engineering with the necessary billing information.

1. Fees. Customer agrees to pay the subscription fees applicable to Customers and its Users use of the Service. Such fees will be paid on a periodic basis as agreed with Nutrition Engineering when you registered for the Service. All fees and charges are payable in advance and non-refundable, including in the case of unused subscription periods or after termination or cancellation, unless otherwise disclosed at the time of purchase.

2. Subscription Term. These Terms will remain in effect until the expiration, termination or renewal of your subscription, whichever occurs first.

3. Termination. You may terminate your subscription for convenience at any time during the Term; however, in case of termination for convenience before the end of the Term, all fees associated with your subscription remain due and payable and no refunds of prepaid fees will be paid to you.

4. Refund. Given the nature of the Service, we do not offer a refund or credit on a purchased subscription unless required under applicable consumer law. We will generally not provide refund in the following situations:
a. You have changed your mind about the Service
b. You don’t need to use the Service anymore
c. You purchased the Service by mistake
d. You do not have sufficient expertise to use the Service
e. You ask for goodwill
f. You forgot to cancel auto-renewal of the Service
g. The Service does not meet your expectations
This list is not exhaustive and shall not be construed so as to limit our right to decline refund requests in other situations. Nutrition Engineering reserves the right to assess refund requests on a per-request basis. If Nutrition Engineering decides to issue a refund or credit, this will generally be done using the same manner you used to make the purchase. All refund requests should be made in writing by contacting support.

5. In case of non-payment for any reason (including, if applicable, Nutrition Engineering’s inability to charge your credit card or other payment method for any reason) or any violation of these Terms, Nutrition Engineering shall be entitled – without liability – to immediately suspend Customer’s and Users’ access to the Service. If you purchase your license to use the Service from Nutrition Engineering, you hereby expressly agree that Nutrition Engineering is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of the Service, or charge such fees to your credit card or other payment method designated on your initial registration with the Nutrition Engineering at regular intervals for the remainder of the term of these Terms. If you cancel your account at any time, you will not receive any refund.

Customer agrees that Customer’s paid use of the Service is neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public or private comments made by Nutrition Engineering regarding future functionality or features.

Nutrition Engineering may terminate or suspend your access to the Service without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Service will immediately cease. If you wish to terminate the Service, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Customer hereby acknowledges and agrees that, subject to the limited rights granted hereunder, Nutrition Engineering (or its licensors) own all legal right, title and interest in and to the Service, including, without limitation, any Intellectual Property Rights or other proprietary rights which exist in the Service (“Our Technology”). For purposes of these Terms, “Intellectual Property Rights” means, on a worldwide basis, any and all now known or hereafter known (a) rights associated with works of authorship including copyrights and moral rights, (b) trademark and trade name rights and similar rights, (c) trade secret rights, (d) patent rights and other industrial property rights, (e) intellectual and industrial property rights of every other kind and nature and however designated, whether arising by operation of law or otherwise, and (f) all registrations, applications, renewals, extensions, continuations, divisions, or reissues thereof now or hereafter existing, made, or in force (including any rights in any of the foregoing). Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, reverse engineered or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms of Use grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Service according to these Terms. Furthermore, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Certain of the names, logos, and other materials displayed on the Service constitute trademarks, trade names, Service marks or logos (“Marks”) of Nutrition Engineering or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with and will inure to us or those other entities. To the extent indicated, any use of third party software provided in connection with the Service will be governed by such third parties’ licenses and not by these Terms of Use. Furthermore, any comments, ideas and/or reports about the Service that you provide to us, whether in written or electronic form (“Feedback”), shall be considered our proprietary and confidential information, and you hereby irrevocably transfer and assign to us all intellectual property rights embodied in or arising in connection with such Feedback, and any other rights or claims that you may have with respect to any such Feedback.

The Service is provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. Nutrition Engineering LLC makes no warranty that (i) the Service will be error-free or uninterrupted (including, without limitation, interruptions that occur in the context of regularly scheduled maintenance); (ii) any information or advice obtained by you in connection with the Service will be accurate or complete; or (iii) the results of using the Service will meet your requirements. Some states do not allow exclusion of an implied warranty, so this disclaimer may not apply to customer.

In no event shall Nutrition Engineering be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever (including but not limited to loss of data, loss of business profits, business interruption, computer failure, loss of business information, regulatory non-compliance), arising out of or caused by your use of or inability to use the Service, even if Nutrition Engineering has been advised of the possibility of such damage. Your sole and exclusive remedy for any dispute with Nutrition Engineering related to any of the Service shall be termination of such Service. In no event shall Nutrition Engineering’s entire liability to you in respect of any Service, whether direct or indirect, exceed the fees paid by you towards such Service. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the limitations or exclusions in this paragraph may not apply to customer.

Nutrition Engineering reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of Nutrasheets™ following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Nutrition Engineering grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use Nutrasheets™.