LegalTerms of Service
Terms of Service
1. Agreement to these Terms
1.1 Binding agreement
These Terms of Service (Terms) form a binding agreement between you and [PENDING: LEGAL_ENTITY_NAME] (Being Optimal, we, us, or our), trading as Being Optimal, Site Nutrition. By creating an account, accessing, or using the Services, you agree to these Terms and the documents incorporated by reference in Section 2.
If you do not agree, do not use the Services.
1.2 Intended acceptance model
We intend that account users accept these Terms (and related policies) by affirmative action at sign-up (clickwrap), with version and content-hash logging when that feature is fully wired. Until then, creating an account and using the Services still constitutes acceptance where permitted by law. See Versioning And Acceptance for the operator specification.
1.3 Changes
We may update these Terms from time to time. Material changes will be communicated by reasonable means (for example, in-product notice, email to the address on your account, or a notice on https://beingoptimal.org). The updated Terms take effect on the stated effective date. Continued use after the effective date constitutes acceptance of the updated Terms where re-acceptance is not required by law. For material changes to data practices or medical characterizations, we may require re-acceptance before continued access to sensitive features.
1.4 Definitions
Capitalized terms have the meanings in Definitions unless defined differently here.
2. Documents incorporated by reference
The following documents form part of your agreement with us (as applicable to your use):
| Document | Role |
|---|---|
| Privacy Policy | How we collect, use, and share Personal Data |
| Cookie Policy | Cookies, local storage, and similar technologies |
| Acceptable Use Policy | Prohibited conduct on the Services |
| Medical Disclaimer | Not medical advice; pregnancy safety; emergency redirect |
| Electronic Communications Consent | Electronic delivery of notices and transactional messages |
| Subscription, Billing & Refund Policy | Paid plans, renewal, cancellation, refunds (when live) |
| Community Guidelines & UGC Terms | Forum and user-generated content rules |
| Copyright & DMCA Policy | Copyright notices and takedown |
| Advertising & Affiliate Disclosure | Partner links and disclosures |
| Editorial & Content Standards | How we source and present nutrition content |
Additional transparency documents (not all of which require separate acceptance) include the Sub-processor List, Automated Decisions & AI Transparency, Data Subject Request Procedure, Security & Compliance Overview, Vulnerability Disclosure Policy, and Contact & Legal Notices.
2.1 Order of precedence
If documents conflict, the following order controls for the subject matter each document governs (highest first):
- A separately negotiated written enterprise order form (if any — uncommon for B2C)
- Subscription, Billing & Refund Policy (fees, renewal, refunds)
- Medical Disclaimer (health/safety characterizations)
- Acceptable Use Policy
- Community Guidelines (UGC and forum conduct)
- These Terms of Service
- Privacy Policy
- Cookie Policy
- Electronic Communications Consent
Mandatory consumer law always prevails where it cannot be waived. Nothing in this order of precedence limits non-waivable rights in EU/EEA, UK, Australia, Singapore, Hong Kong, and other regions with non-waivable consumer protections or elsewhere.
3. The Services
3.1 Description
Being Optimal provides a pregnancy-nutrition technology platform, including (as made available from time to time):
- A nutrition dashboard / planner (meal logging, combos, templates, Day Scores/grades, nutrient targets)
- Educational materials (Learning Center, help content, knowledge quizzes)
- An in-product AI assistant that may process health-related context you provide or that is available in your environment
- Optional community forum features (where enabled)
- Account, preference, sharing, and related product surfaces
- Public marketing, help, and brand/partner information pages
The Services are offered primarily at beingoptimal.org and related subdomains (including help, community, and asset hosts).
3.2 Nature of the Services — not medical care
The Services are consumer wellness and planning tools. They do not create a clinician–patient relationship. Day Scores, nutrient flags, diet optimizer suggestions, blood-marker comparisons, Knowledge Scores, and AI assistant output are informational only and are not diagnosis, treatment, prescription, or medical advice. Always consult your own licensed healthcare provider or midwife for clinical decisions. In an emergency, call local emergency services immediately. Full detail: Medical Disclaimer.
3.3 Nutrient data
Nutrient composition data may be derived in whole or in part from public or licensed sources, including the Nutrient Data Source disclosed in our editorial materials. Values may be incomplete, outdated, or imperfectly matched to your specific foods and preparation methods. See Editorial & Content Standards.
3.4 Availability and changes
We may modify, suspend, or discontinue features, tiers, or the Services as a whole, with or without notice, except where notice is required by law or by the Billing Policy for paid plans. We do not guarantee uninterrupted or error-free operation.
3.5 Beta / experimental features
We may label features as beta, preview, or experimental. Such features may be unstable, change without notice, or be withdrawn.
4. Eligibility
4.1 Minimum age
You must be at least 18 years of age to create an account or use the Services as a registered user. Age is self-attested. We do not currently operate a hard age-verification gate at sign-up. By creating an account, you represent that you meet the minimum age.
4.2 Capacity
You represent that you have legal capacity to enter this agreement. If you use the Services on behalf of another adult (for example, a partner helping manage a planner), you represent that you are authorized to do so and that the data subject consents as required by law.
4.3 Geographic availability
The Services are offered with global English-language product surfaces and infrastructure that is primarily United States–based with global edge delivery (Primarily United States; global edge delivery). We may restrict access in jurisdictions where offering the Services would be unlawful or impractical. Regional privacy annexes apply as described in the Privacy Policy.
4.4 Not for children
The Services are not directed to children under 18. See Privacy Policy § Children.
5. Accounts and security
5.1 Registration
Accounts are created and authenticated through our Authentication Provider. You must provide accurate registration information and keep it up to date. Lifecycle events (create, update, delete) may be delivered via secure Webhook Transport to our systems for provisioning.
5.2 Credentials and sessions
You are responsible for safeguarding your authentication methods (password, magic link, SSO, multi-factor credentials, device sessions) and for activity under your account. Notify us promptly at [email protected] if you suspect unauthorized access.
5.3 One person, one account
Accounts are for individual consumers. Do not share accounts, sell access, or create accounts for automated bulk use without our written permission.
5.4 Provisioning and environments
On successful authentication, we may provision application records (profile, environments, preferences) in our Database Provider and related systems. An Environment is a planning workspace (for example, a pregnancy profile context) holding meals, journal, and related data. Some product actions are environment-scoped (including data export — see Privacy Policy).
5.5 Suspension and termination by us
We may suspend or terminate accounts that violate these Terms, the Acceptable Use Policy, Community Guidelines, or applicable law; that present security risk; or that are inactive for extended periods, subject to any non-waivable consumer rights and paid-subscription rules.
5.6 Termination by you
You may stop using the Services and close your account through the account controls provided by the Authentication Provider (or by contacting [email protected] / [email protected]). Deletion of Personal Data is subject to the caveats in the Privacy Policy and Data Subject Request Procedure.
6. Privacy and health data
Your use of the Services is subject to our Privacy Policy. Please read it carefully. In particular:
- We process special-category health data (for example, LMP/EDD, date of birth, ethnicity where collected, weight, blood labs, symptoms, meal logs) on an explicit consent posture under GDPR Article 9 and similar laws.
- The AI assistant may send conversation content and health-related context to AI Model Providers and may persist conversations in our systems.
- Processing locations are US-skewed with international transfers as described in the Privacy Policy.
- Certain marketing phrases (for example, browser-only help search) are narrowly scoped and do not apply to the AI assistant or synced cloud data.
By creating an account and using health features, you consent to processing described in the Privacy Policy to the extent consent is the applicable legal basis. A dedicated first-run AI consent gate may be added as a product improvement; until then, Privacy/Terms acceptance and voluntary use of AI features form the consent posture we rely on (counsel to confirm).
7. Medical disclaimer incorporation
The Medical Disclaimer is incorporated in full. Without limiting that document:
- Outputs are informational, not clinical decisions.
- Pregnancy-critical nutrients and foods require clinician guidance.
- Seek emergency care for urgent symptoms.
- We are not liable for reliance on informational scores or AI text as a substitute for professional care, to the maximum extent permitted by law and subject to Section 16 (liability) and mandatory consumer protections.
8. Acceptable use
You must comply with the Acceptable Use Policy. Prohibited conduct includes (summary only): unlawful use; attempts to compromise security outside authorized testing; scraping or reselling catalog/engine data; AI jailbreaks seeking harmful medical instructions; health-misinformation campaigns; harassment; and misuse of community features. We may investigate and enforce violations, including content removal, suspension, and referral to authorities.
9. Subscriptions and billing (summary)
9.1 Free and paid tiers
We may offer free and paid tiers (for example, Free, Premium, Premium Plus, and higher tiers as described in-product). Feature availability depends on tier and product configuration.
9.2 External Billing Provider
When paid plans are live, subscription billing is handled by an external Billing Provider (merchant of record / payment processor as configured). Being Optimal does not store full payment card numbers. Payment method data is processed by the Billing Provider under its terms and privacy notice.
Status note: As of this draft, the Billing Provider integration may be a placeholder / not fully live. Until paid checkout is enabled, free-tier terms still apply; paid-plan clauses activate when you purchase.
9.3 Auto-renewal, cancellation, refunds
Pricing, taxes, auto-renewal, cancellation, cooling-off rights (including EU/UK consumer withdrawal where applicable), and refunds are governed by the Subscription, Billing & Refund Policy and the Billing Provider’s consumer terms. In case of conflict on pure billing mechanics, the Billing Policy and provider terms control as set out in Section 2.1.
9.4 Changes to fees
We may change fees with advance notice as required by law and the Billing Policy. Continued paid use after a change may constitute acceptance where permitted.
10. User content and license-back
10.1 Your content
User Content includes meals, journal entries, custom ingredients, templates, community posts and uploads, AI conversation inputs, profile information you provide, and other material you submit.
10.2 Ownership
As between you and us, you retain ownership of your User Content, subject to licenses you grant below and rights of third parties (for example, food brand materials, third-party images).
10.3 License to Being Optimal
You grant Being Optimal a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, store, reproduce, process, adapt (for technical format), display, and otherwise use User Content solely to provide, secure, improve, and promote the Services, including:
- Syncing across devices and environments
- Computing scores, targets, and suggestions
- Operating the AI assistant (including transmission to AI Model Providers as described in the Privacy Policy)
- Moderating community content
- Creating de-identified or aggregated statistics that do not reasonably identify you
- Complying with law and enforcing these Terms
This license ends when your User Content is deleted from our active systems, subject to reasonable residual copies in backups, logs, legal holds, and external provider retention (including AI Model Providers and email logs) as disclosed in the Privacy Policy.
10.4 Community license
If you post to the community forum, additional licenses and conduct rules in the Community Guidelines apply. Forum content may remain after account closure in anonymized form (see Privacy Policy erasure caveats).
10.5 Responsibility for User Content
You represent that you have rights to submit User Content and that it does not violate law, third-party rights, or our policies. We may remove content without notice where we reasonably believe it violates policy or law.
10.6 Feedback
If you send ideas or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without obligation to you.
11. Intellectual property of Being Optimal
11.1 Our IP
The Services, software, design systems, documentation, trademarks, logos, nutrient engine logic, curated catalog structure, and non-user content are owned by Being Optimal or its licensors. Except for the limited right to use the Services under these Terms, no rights are granted.
11.2 Restrictions
You may not copy, reverse engineer (except to the extent non-waivable law permits), scrape at scale, resell, or create competing datasets from our catalog, engine outputs, or non-public APIs without written permission. See Acceptable Use Policy.
11.3 Marks
“Being Optimal,” “Site Nutrition,” product names, and related marks may not be used without permission, except for truthful factual references.
11.4 Open and public data
Public-domain or openly licensed nutrient source data remains subject to its original terms; our compilation, presentation, scoring logic, and product UX remain our IP.
12. Third-party services and links
The Services rely on sub-processors and infrastructure providers listed by role in the Privacy Policy and by name in the Sub-processor List. Partner or affiliate outbound links may be tracked in a pseudonymous manner (see Cookie Policy and Advertising Disclosure). We are not responsible for third-party sites’ content or practices. Your use of third-party services may be subject to their terms.
Community features use a Community Platform Provider with single sign-on of identity fields only (health timeline fields are not shared via SSO under current product configuration).
13. AI assistant terms
13.1 Nature of AI output
The AI assistant generates probabilistic text. It can be wrong, incomplete, outdated, or unsafe if misused. It is not a substitute for clinical care. Safety pre-checks and red-flag redirects may apply but are not guaranteed to catch all risks.
13.2 Propose-only writes
Where the assistant proposes changes to meals or preferences, you remain responsible for reviewing and accepting or rejecting them.
13.3 Data processing
Using the AI assistant means conversation content and relevant health context may be:
- Sent to AI Model Providers for generation; and
- Persisted in our database (conversation and message records).
Metadata about AI runs may be stored separately from full message bodies. External model providers may retain copies under their data processing terms; we do not currently orchestrate provider-side deletion APIs on account erasure. Details: Privacy Policy and Automated Decisions.
13.4 Prohibited AI uses
You may not use the assistant to seek assistance for criminal harm, to evade clinical care in emergencies, to generate mass health misinformation, or to attempt jailbreaks that bypass safety controls. See Acceptable Use Policy.
14. Disclaimers (as-is)
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
- WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- WE DO NOT WARRANT THAT SCORES, TARGETS, CATALOG VALUES, OPTIMIZER OUTPUTS, BLOOD-MARKER COMPARISONS, OR AI RESPONSES ARE ACCURATE, COMPLETE, OR APPROPRIATE FOR YOUR CLINICAL SITUATION.
- WE DO NOT WARRANT UNINTERRUPTED, SECURE, OR ERROR-FREE OPERATION.
Consumer rights: Nothing in this Section excludes warranties or guarantees that cannot be excluded under the laws of EU/EEA, UK, Australia, Singapore, Hong Kong, and other regions with non-waivable consumer protections or other applicable mandatory law. Where implied warranties cannot be excluded, they are limited to the minimum duration and remedies required by law.
15. Indemnity
To the extent permitted by law, you will defend and indemnify Being Optimal and its officers, directors, employees, and agents against third-party claims, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your User Content; (b) your misuse of the Services; (c) your violation of these Terms or law; or (d) your infringement of third-party rights — except to the extent caused by our willful misconduct or as limited by mandatory consumer law.
This indemnity is not intended to create unfair consumer obligations where prohibited; counsel should localize this clause for launch markets.
16. Limitation of liability
16.1 Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM; OR (B) ONE HUNDRED US DOLLARS (USD $100) (or local currency equivalent).
16.2 Exclusion of consequential damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS; LOST DATA; OR BUSINESS INTERRUPTION — EVEN IF ADVISED OF THE POSSIBILITY.
16.3 Health outcomes
To the maximum extent permitted by law, we are not liable for health outcomes, pregnancy complications, or clinical decisions made in reliance on informational tools, subject always to mandatory law and fraud/willful misconduct exceptions.
16.4 Consumer carve-outs
Nothing in these Terms limits liability that cannot be limited under applicable law, including non-waivable rights of consumers in EU/EEA, UK, Australia, Singapore, Hong Kong, and other regions with non-waivable consumer protections, liability for death or personal injury caused by negligence where such limitation is void, fraud, or fraudulent misrepresentation. If you are a consumer in a jurisdiction that requires a different liability standard, that standard applies to the extent required.
16.5 Basis of the bargain
These limitations are a fundamental basis of our offering free and low-cost digital tools and survive termination.
17. Dispute resolution and governing law
17.1 Governing law
These Terms are governed by [PENDING: GOVERNING_LAW], without regard to conflict-of-law rules that would require another jurisdiction’s law, except that mandatory consumer protections of your country or state of residence continue to apply.
17.2 Venue
Subject to Section 17.3 and mandatory law, exclusive venue for disputes is [PENDING: DISPUTE_VENUE], unless a different venue is required for consumers.
17.3 Consumer mandatory rights
If you reside in EU/EEA, UK, Australia, Singapore, Hong Kong, and other regions with non-waivable consumer protections (or another region with non-waivable consumer protections), you may bring claims in your local courts and benefit from mandatory local protections regardless of the governing-law/venue clauses above. Nothing in these Terms requires you to waive those rights.
17.4 Optional arbitration (tokenized)
If the operator elects consumer arbitration, the body, seat, and rules will be [PENDING: ARBITRATION_BODY], [PENDING: ARBITRATION_SEAT], and [PENDING: ARBITRATION_RULES] respectively, with consumer opt-out and small-claims court rights preserved as required by law. Until those tokens are set and counsel approves an arbitration program, disputes proceed in the courts specified above (subject to consumer carve-outs).
17.5 Informal resolution
Before filing a claim, please contact [email protected] or [email protected] and allow thirty (30) days for good-faith resolution where practical (not required for emergency injunctive relief or where delay would cause irreparable harm).
18. Export, sanctions, and lawful use
You may not use the Services if you are prohibited under applicable export control or sanctions laws. You represent that you are not on a denied-party list that would prohibit use of the Services.
19. Communications
By creating an account, you consent to electronic communications as described in Electronic Communications Consent, including transactional emails via our Email Delivery Provider and optional push notifications via browser Web Push.
20. Apple / app-store notes (if distributed)
If the Services are accessed via a third-party app store or wrap, that store’s terms may apply between you and the store. Being Optimal, not the store, is responsible for the Services to the extent required by store rules, subject to these Terms.
21. General
21.1 Entire agreement
These Terms and the incorporated documents are the entire agreement between you and us regarding the Services and supersede prior conflicting understandings on the same subject (except signed enterprise agreements, if any).
21.2 Severability
If any provision is unenforceable, the remainder stays in effect; the unenforceable provision will be modified to the minimum extent necessary.
21.3 Waiver
Failure to enforce a provision is not a waiver.
21.4 Assignment
You may not assign these Terms without our consent. We may assign to an affiliate or successor in connection with a merger, acquisition, or sale of assets, with notice where required.
21.5 Force majeure
We are not liable for delays or failures due to events beyond reasonable control.
21.6 No third-party beneficiaries
Except as expressly stated, these Terms create no third-party beneficiary rights.
21.7 Language
The Services and these Terms are provided in English. Translations (if any) are for convenience; the English version controls unless mandatory local law requires otherwise.
21.8 Notices
Legal notices to us: [email protected], and postal notice to [PENDING: REGISTERED_ADDRESS] when that address is completed. Notices to you may be sent to your account email or provided in-product. See Contact & Legal Notices.
21.9 Relationship
Nothing creates a partnership, joint venture, employment, or clinical relationship.
21.10 Survival
Sections that by nature should survive (including IP, disclaimers, liability limits, indemnity, dispute terms, and licenses as needed for residual copies) survive termination.
22. Contact
| Topic | Contact |
|---|---|
| General support | [email protected] |
| Legal | [email protected] |
| Privacy / data rights | [email protected] |
| Security | [email protected] |
| Website | https://beingoptimal.org |
Entity: [PENDING: LEGAL_ENTITY_NAME] Registered address: [PENDING: REGISTERED_ADDRESS] Incorporation: [PENDING: INCORPORATION_JURISDICTION]
23. Document control
| Field | Value |
|---|---|
| Suite version | 1.0.0-draft |
| Effective date | 2026-07-13 |
| Session | legal-suite-20260713 |
| Status | Operator draft — counsel review required |
Related: Privacy Policy · Cookie Policy · Acceptable Use · Medical Disclaimer · Electronic Communications