Legal Document

Terms of Use

NUTBOM – Europe Edition  |  Last updated: April 2025

Welcome to the NUTBOM system ("the System"). This agreement is governed by European law and the provisions of the General Data Protection Regulation (GDPR). By accessing or using the System, you agree to be bound by these terms.

1. Definitions

1.1 "Data Controller": The Customer (the business), which determines the purposes and means of processing the personal data of its clients or employees.

1.2 "Data Processor": The Company (NUTBOM), which processes personal data on behalf of the Customer.

1.3 "Personal Data": Any information relating to an identified or identifiable natural person, as defined in Article 4(1) of the GDPR.

1.4 "EU Food Information Regulation": Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers.

2. License of Use and Artificial Intelligence (AI)

2.1 The Company grants the Customer a limited, non-exclusive SaaS license to use the System for their internal business purposes regarding recipe management and nutritional calculations.

2.2 AI Transparency: The System utilizes Artificial Intelligence models (such as OCR, auto-mapping, and text generation). The Customer acknowledges that AI outputs are considered recommendations only and that the ultimate obligation of verification rests with the Customer. The Company declares that the Customer's data, including recipes and formulations, are not used to train public AI models without explicit consent.

3. European Nutritional Standards (Regulation 1169/2011)

3.1 The System assists the Customer in complying with European Mandatory Nutrition Declaration requirements, including the declaration of energy, fats, carbohydrates, proteins, and salt.

3.2 Allergens (Annex II): The System includes a mechanism for identifying the 14 major allergens mandated for labeling in Europe.

3.3 European Disclaimer: Despite the System's capabilities, the Customer (acting as the Food Business Operator – FBO) is solely responsible by law for the accuracy of the information appearing on food packaging or digital menus provided to consumers within the EU. The Company is not responsible for any discrepancy between the System's outputs and the regulatory enforcement or requirements of the Member States of the European Union.

4. Information Security and Trade Secrets

4.1 The Company shall implement appropriate Technical and Organizational Measures (TOMs) to protect the Customer's Bill of Materials (BOM) and formulations, which are recognized as trade secrets under Directive (EU) 2016/943.

4.2 In the event of a Data Breach affecting Personal Data, the Company will notify the Customer without undue delay and within the timeframe stipulated by law (72 hours).

5. Limitation of Liability

5.1 In accordance with European B2B standards, the Company's liability for direct damages under this agreement is strictly limited to the maximum aggregate amount paid by the Customer to the Company in the six (6) months preceding the event giving rise to the claim.

5.2 The Company shall bear no liability for illegal or non-compliant use of the System by the Customer (e.g., misleading consumers regarding nutritional labeling or exceeding permitted ingredient thresholds under EU law).

6. Termination of Engagement and Exit Right

6.1 Upon termination of the agreement or account deletion, the Company will allow the Customer to export all of their data in a machine-readable format (such as JSON/CSV). Following this period, the Company will delete all copies of the data from its active servers, except for information it is legally obligated to retain (e.g., for tax, billing, or regulatory documentation purposes).

7. Jurisdiction

7.1 This agreement shall be governed by the laws of the State of Israel.

7.2 Exclusive jurisdiction for any dispute arising out of this agreement shall lie with the competent courts in Tel Aviv.