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ALPINA+SANA – Terms of Use and End User Licence Agreement (EULA)
1. Scope and acceptance
These Terms of Use, including the End User Licence Agreement (together the «EULA»), govern the use of the mobile application «ALPINA+SANA» (the «App») and all associated content, functions and services (together the «Services») of Alpinasana AG, Schaffhauserstrasse 230a, 8057 Zurich, Switzerland («Alpinasana», «we», «us»).
By downloading or installing the App, by giving your acceptance during registration, or by using the Services, you agree to this EULA. If you do not agree to this EULA, you may not install the App or use the Services.
The processing of personal data in connection with the Services is described in the separate ALPINA+SANA Privacy Policy. The Privacy Policy does not form part of this EULA; for the processing of sensitive personal data, we obtain your express consent separately.
2. Requirements for use
Use of the Services requires that you:
- are of legal age (at least 18 years old);
- are resident in Switzerland;
- have obtained the App from the Swiss Apple App Store or the Swiss Google Play Store; and
- have a compatible mobile device (Apple iPhone or Android smartphone) with an internet connection that meets the applicable minimum requirements.
You confirm that you meet these requirements when registering. The App is intended exclusively for distribution in Switzerland; no offering in other countries is associated with it. You are responsible for your own internet connection and for any charges levied by your mobile network or internet provider.
3. Description of the Services
ALPINA+SANA is an app for logging meals. Its main functions are:
- Meal log: recording meals by photo, barcode scan or text description.
- AI-based nutritional estimation: for each meal, energy (calorie), protein, fat and carbohydrate content is estimated using artificial intelligence. Your actual nutritional intake is compared with the daily nutritional requirement set at the outset, and the history of your nutritional intake is displayed.
- Daily nutritional requirement: setting daily targets for calories and protein. On request, reference values are calculated using the Harris-Benedict formula (calories) and the Swiss reference values of the Federal Food Safety and Veterinary Office (FSVO), 2022 (protein).
- Reminders: reminders for meals and for the intake of foods for special medical purposes (FSMP).
- PDF report: creation of a PDF report of your meal history, which you can send or save via your device’s share function (e.g. with your own email app).
All nutritional values and target values produced by the App are automatically generated estimates or reference values and may deviate considerably from the actual values (see Sections 4 and 12). For barcode scans, the App uses the Open Food Facts product database; we accept no responsibility for the accuracy, completeness or currency of this third-party data. PDF reports are sent exclusively by you yourself, via your own email app or your device’s share function. You alone are responsible for deciding to whom you pass on a report – in particular for ensuring that the recipient address is correct and that the recipient agrees to receive it.
We are entitled to continuously develop, adapt and extend the Services and to discontinue individual functions, provided this does not materially impair the core of the paid Services. In the context of providing the App, we may evaluate, in aggregated form not related to individual users, how the App’s functions are used, analyse pricing and offer design, and gather feedback from users. To this end, we may invite you to a voluntary interview after around four weeks of use, so that we can learn from your experience with the App. Your feedback and these aggregated evaluations help us to further develop the App and its pricing and offer design.
4. Not a medical device; no medical advice
The content and functions of the Services serve general information and personal documentation only. They do not constitute medical, nutritional-science or other professional advice and do not replace diagnosis, treatment or advice by doctors, dietitians or other qualified professionals.
The nutritional values and calorie and protein targets calculated by the App are estimates and must not be used as a basis for medical decisions. In particular, the Services must under no circumstances be used to calculate insulin doses or other medication dosages.
Reminder functions – including reminders for the intake of foods for special medical purposes (FSMP) – are convenience features only. The instructions of the responsible healthcare professional and the product information alone are decisive for the intake, dosage and use of FSMP. Do not rely on reminders being delivered reliably.
Always consult a healthcare professional if you have health questions, before changing your diet, or if you have an existing medical condition. Do not disregard professional advice, and do not delay seeking it, because of information obtained from the Services.
5. Grant of licence
For the term of this EULA, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to download and install the App on mobile devices that you own or control and to use it exclusively for your personal, non-commercial purposes in accordance with this EULA.
The App is licensed, not sold. If you obtain the App via the Apple App Store, Apple’s usage rules (Apple Media Services Terms and Conditions) additionally apply; if you obtain it via Google Play, the Google Play Terms of Service additionally apply.
6. Restrictions on use
In connection with the Services, you undertake in particular not to:
- copy the App or parts of it (except as permitted by this EULA), modify it, translate it, decompile it, reverse engineer it or determine its source code, except to the extent permitted by mandatory law;
- rent, lease, lend, sell or redistribute the Services or make them available to third parties;
- circumvent security mechanisms or technical protection measures or access non-public areas of the Services;
- query the Services by automated means (e.g. bots, scrapers) or contribute to excessive load on the infrastructure;
- introduce viruses, malware or other harmful content;
- infringe intellectual property rights or other rights of Alpinasana or third parties;
- use the Services in an unlawful manner, for unlawful purposes or outside these Terms of Use; or
- provide inaccurate information about yourself or make your access credentials publicly available.
We are entitled to verify compliance with these provisions and, in the event of violations, to restrict, suspend or terminate access to the Services (Section 15).
7. User account
A user account is required to use the Services. You undertake to provide truthful and complete information when registering and to keep it up to date. Your access credentials must be kept confidential and must not be passed on to third parties. You are responsible for all activities carried out through your account. Inform us immediately if you suspect unauthorised use of your account. The account is personal and non-transferable.
8. Subscription, prices and payment
Use of ALPINA+SANA requires a paid subscription. The price is CHF 9.90 per month (including any applicable VAT).
The subscription is concluded, and all payments are processed, exclusively through your account with the Apple App Store or Google Play. The terms of the respective store operator apply to payment processing. We do not receive or store any credit card or other payment card data.
The subscription renews automatically for successive one-month periods unless it is cancelled before renewal via the subscription management of your App Store or Google Play account. The cancellation arrangements and deadlines of the respective store operator apply. Cancellation is only possible through the respective store; deleting the App or your user account does not terminate the subscription.
Refunds are governed by the terms and procedures of the respective store operator. Amounts already paid for the current billing period are not refunded pro rata, subject to mandatory statutory provisions and the rules of the store operators.
Price changes will be announced to you in advance with reasonable notice in the App or by email and take effect no earlier than the next billing period. If you do not agree with a price change, you may cancel the subscription with effect from the end of the current period.
9. Your content
Content that you record or upload in the App (in particular photos of meals, text descriptions and other entries; together «Your Content») remains your property or subject to your rights.
You grant us a non-exclusive, worldwide, royalty-free licence to Your Content, sublicensable to our data processors, to store, reproduce, technically edit and analyse it – including by means of AI services of our service providers – to the extent necessary for the provision, security and improvement of the Services. This licence ends upon deletion of the relevant content or of your account, subject to statutory retention obligations and technical backup copies. Aggregated or fully anonymised evaluations and feedback that do not allow any conclusions to be drawn about you or Your Content remain unaffected by the termination of the licence.
For nutritional analysis, meal photos and descriptions are transmitted to our service provider Google Gemini. The photos are not checked for, or redacted of, any persons and/or third-party personal data that may appear in them. Please photograph only your meal and ensure that no persons or other third-party personal data (e.g. documents, screens) are identifiable in the photos. You alone are responsible for ensuring that photos you upload contain no persons or third-party personal data. If a photo nevertheless captures third parties or their personal data, you undertake not to upload the photo or to delete the relevant meal entry in the App without delay; this also deletes the associated photo. We are entitled to delete such photos at any time without prior notice.
If you breach this obligation, you shall indemnify us and hold us harmless from all resulting third-party claims, including reasonable costs of legal enforcement and defence, to the extent that you are responsible for the breach.
We are entitled to remove content that violates this EULA or applicable law.
10. Intellectual property
All rights in the App and the Services – including software, source code, design, trade marks, logos, texts, graphics, databases and further developments – belong exclusively to Alpinasana or its licensors. With the exception of the licence granted in Section 5, no rights are transferred or granted to you.
11. Third-party services and content
The Services use services provided by third parties (in particular hosting, AI analysis, subscription management, payment processing by Apple or Google, and the Open Food Facts product database) and may contain links to third-party websites or services. We accept no responsibility for the content, availability or accuracy of third-party services; where applicable, their own contractual and usage terms additionally apply.
The App may contain open-source components. Where their licence terms deviate from this EULA, they prevail for the components concerned. An overview of the components used is available on request.
Apple and Google are not parties to this EULA. Alpinasana alone is responsible for the App, its content, and its maintenance and support; the store operators have no obligations in this respect.
11.1 Special provisions for purchases via the Apple App Store
If you obtain the App via the Apple App Store, the following provisions in favour of Apple Inc. and its subsidiaries («Apple») apply in addition and, in the event of conflict, with precedence:
a) Parties: This EULA is concluded exclusively between you and Alpinasana, not with Apple. Apple is not responsible for the App or its content.
b) Scope of licence: The licence granted under Section 5 is limited to use of the App on Apple-branded devices that you own or control, within the usage rules set out in the Apple Media Services Terms and Conditions.
c) Maintenance and support: Alpinasana is solely responsible for the maintenance and support of the App. Apple has no obligation whatsoever to provide maintenance or support services.
d) Warranty: Alpinasana is solely responsible for any warranties, to the extent not validly disclaimed. If the App fails to conform to an applicable warranty, you may notify Apple; Apple will in that case refund the purchase price you paid for the App. To the maximum extent permitted by law, Apple has no other warranty obligations; Alpinasana alone is responsible for all other claims, losses, damage and costs arising from a breach of warranty.
e) Product claims: Alpinasana, not Apple, is responsible for addressing any claims by you or third parties relating to the App, including (i) product liability claims, (ii) claims that the App fails to conform to applicable legal or regulatory requirements, and (iii) claims arising under consumer protection, data protection or similar legislation.
f) Intellectual property rights: If a third party claims that the App, or your possession and use of the App, infringes its intellectual property rights, Alpinasana – not Apple – is solely responsible for the investigation, defence, settlement and discharge of such a claim.
g) Legal compliance: You represent and warrant that (i) you are not located in a country that is subject to a US government embargo or that has been designated by the US government as a «terrorist supporting» country, and (ii) you are not listed on any US government list of prohibited or restricted parties.
h) Third-party terms: You undertake to comply with applicable third-party terms when using the App (e.g. the contractual terms of your mobile network provider).
i) Third-party beneficiary: Apple and its subsidiaries are third-party beneficiaries of this EULA. Upon your acceptance of this EULA, Apple is entitled (and is deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.
j) Contact: Please direct any questions, complaints or claims regarding the App to: Alpinasana AG, Schaffhauserstrasse 230a, 8057 Zurich, Switzerland, telephone: +41 44 500 68 00, email: support@alpinasana.ch.
12. Disclaimer of warranties
This App is the first publicly released version. Malfunctions, interruptions and inaccuracies – in particular in the automatic recognition of nutritional values from photos – are possible; no warranty is given for the accuracy or completeness of the information provided.
The Services are provided «as is» and «as available». To the extent permitted by law, we disclaim all warranties, in particular for uninterrupted and error-free availability of the Services, fitness for a particular purpose, and the correctness, accuracy, completeness and currency of the content, notably the AI-based nutritional estimates, the calculated target values and data from third-party sources (e.g. Open Food Facts).
Maintenance work, further development, disruptions at third parties or events of force majeure may lead to temporary interruptions of the Services.
13. Limitation of liability
We are liable without limitation for damage caused by us intentionally or through gross negligence, and in all other cases in which liability cannot be excluded or limited by law.
In all other respects, our liability – on whatever legal ground – is excluded. In particular, to the extent permitted by law, we are not liable for slight negligence, for indirect or consequential damage, loss of profit, loss of data, third-party claims, or for damage arising from the use or inability to use the Services, from reliance on content of the Services (including nutritional estimates and target values), or from third-party services and content. Liability for auxiliary persons is excluded to the extent permitted by law.
14. Indemnification
You undertake to indemnify and hold harmless Alpinasana and its officers, employees and auxiliary persons from all third-party claims (including reasonable costs of legal enforcement) arising from your breach of this EULA, from Your Content, or from your unlawful use of the Services.
15. Term and termination
This EULA applies from your acceptance until its termination. You may terminate the EULA at any time by deleting your user account and uninstalling the App. Upon deletion of your account, the personal data stored by us will be deleted or anonymised in accordance with our Privacy Policy. Please note that a current subscription must be cancelled separately via the Apple App Store or Google Play (Section 8).
We may terminate or restrict this EULA and your access to the Services at any time without notice in the event of a breach of this EULA, suspected misuse or other good cause. We may also discontinue the Services as a whole with reasonable advance notice; in that case, the EULA ends on the date of discontinuation.
Sections 9 (for the duration of statutory retention), 10, 12, 13, 14 and 18 survive termination.
16. Amendments to this EULA
We may amend this EULA at any time, in particular in the event of further development of the Services or changes in the legal or market environment. We will inform you in advance of material changes in the App or by email; material changes to your detriment require your renewed acceptance in the App. If you do not accept them, you may stop using the Services and cancel the subscription with effect from the end of the current billing period. The version published in the App at the relevant time is decisive.
17. Final provisions
If individual provisions of this EULA are invalid or unenforceable, the validity of the remaining provisions remains unaffected; the invalid provision shall be replaced by a valid arrangement that comes closest to its economic purpose.
You may not transfer rights and obligations under this EULA to third parties without our prior written consent. We are entitled to transfer this EULA, together with its rights and obligations, to a group company or successor company.
If a party waives the exercise of rights in an individual case, this does not constitute a waiver for the future. This EULA, together with the documents referred to in it, constitutes the entire agreement between you and Alpinasana with respect to the Services. No partnership, employment or agency relationship exists between you and Alpinasana.
18. Governing law and jurisdiction
This EULA is governed by Swiss substantive law, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction is the registered office of Alpinasana AG. Mandatory statutory places of jurisdiction, in particular for consumers under the Swiss Civil Procedure Code, are reserved.
Contact
Alpinasana AG
Schaffhauserstrasse 230a
8057 Zurich, Switzerland
Email: support@alpinasana.ch
Telephone: +41 44 500 68 00