BCH Scan app: Terms of Use

Preamble

These terms of use (the "Terms") govern access to and use of the BCH Scan mobile application (the "App") between:

• BetterCallHealth LLP, a limited liability partnership registered in England and Wales under number OC456774, whose registered office is at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom, represented by Nicolas Hamon, Designated Member ("BCH" or the "Publisher"),
• and any individual who installs and uses the App (the "User").

Installing and then using the App constitutes acceptance of these Terms, which are shown at first launch. They can be read at any time from the App's subscription screen and at www.bettercallhealth.com/app/en/terms. A French version is available at www.bettercallhealth.com/app/conditions.

Article 1: Purpose and nature of the service

1.1. What the App does

The App reads a food product, by barcode, by a photo of its label or by a photo of a plate, and gives it a tier and a number from 0 to 100 according to the BetterCallHealth Method, an editorial grid whose rules, sources and deliberate choices are published in the App, in the chapter "The Method". It suggests better-ranked products in the same aisle, recipes with their ingredient swaps, a weekly gauge of the products read, and a blood test space stored only on the device.

1.2. What the App is not

The App provides information and lifestyle content. It is not a medical device within the meaning of the UK Medical Devices Regulations 2002 or of Regulation (EU) 2017/745, and it provides no medical advice, diagnosis, prescription or therapeutic follow-up. Its verdicts describe a product as written on its label, never the person who eats it, and are not an individual recommendation. The blood test space places a value against published ranges, marker by marker, without ever linking two markers together or drawing any conclusion about your health: it helps you prepare questions for your doctor, it does not replace them.

1.3. Sources and limits

Product records come from Open Food Facts, an open collaborative database, and may contain errors or incomplete data. When the App does not recognise enough ingredients for an honest reading, it declines to give a score rather than give a wrong one. The number displayed is a position within a tier, not a measurement. The rules, thresholds and weightings of the Method are editorial choices published as such; the mechanisms and sources cited refer to verifiable references.

Article 2: Access and account

The App is reserved for people aged at least 15. Since version 1.0.7, an account is required to use it: the User creates it by signing in with Apple, with Google, or with their email address (a one-time code is sent to them; no password is created). The account keeps their scans, their list, their week and their subscription, and finds them again on another phone with the same sign-in. The User can delete it at any time in the App, in the Profile tab, Data section. The User is responsible for the device on which the App is installed, for their sign-in method and for the use made of them.

The App is used with the Premium subscription described in Article 3. Without a subscription, the example shown on the home screen, to discover the service, and the Profile (account deletion, contact, these Terms) remain accessible. The BetterCallHealth newsletter is written in French and is not offered in the English version of the App; subscribing to it is never required.

Article 3: Premium subscription

3.1. Content

The Premium subscription unlocks the whole App: unlimited barcode scans, up to ten photo scans a day, full aisle rankings, the best choices in the same aisle, full history, an unlimited list, recipe swaps and blood test tracking. It changes neither the reading of products nor the Method. A technical limit of sixty scans a day protects the service against automated use; it is not reached in normal use, and applies to all subscriptions.

3.2. Price and duration

Two plans are offered: monthly or annual. Earlier versions of the App may still offer a weekly plan; weekly subscriptions in progress continue on the same terms until they are cancelled. Prices, including all taxes, are those shown in the App at the time of subscription, in the currency of your Apple or Google account. A free 7-day trial is offered on each of the two plans to people who have never had a trial; its length, the price that follows and the date of the first payment are shown before any confirmation.

3.3. Automatic renewal and cancellation

The subscription renews automatically at the end of each period, and the free trial automatically becomes a paid subscription when it ends, unless it is cancelled at least 24 hours before the end of the current period. Cancellation is done from your Apple account settings (Settings, your name, Subscriptions) or in Google Play (Payments & subscriptions), at any time, free of charge and without giving a reason. Two days before the end of the trial, the App sends you a local reminder. Cancellation takes effect at the end of the period already paid; Premium features remain open until then.

3.4. Payment, right to cancel and refunds

Payment is collected by Apple or Google, on your store account, under their own terms. BCH neither receives nor keeps any bank details. Under the rules that apply to digital content and services, a User who lives in the United Kingdom or in the European Union has a right to cancel within 14 days of subscribing, unless they expressly gave it up when asking for the service to start immediately; this right and any refund request are exercised with Apple or Google, who handle all refunds under their own rules. No charge is made during the free trial.

3.5. BetterCallHealth clients

Clients of BetterCallHealth programmes receive Premium free of charge, by entering a code provided by BCH, for the period stated when the code is given.

Article 4: User obligations

The User agrees to use the App strictly for personal, non-commercial purposes; not to try to get around the subscription or the App's limits, decompile the App, extract its database or automate requests to its servers; not to photograph faces or personal documents with the label or plate reading features; not to use the App on behalf of a third party without their consent; and to remain responsible for the decisions they make based on what the App displays.

Article 5: Data kept on the device and backed up

Blood test values are stored only on the device and are never sent to BCH. The User alone is responsible for backing them up. BCH can neither see nor restore them, and cannot be held responsible for their loss, in particular if the App is uninstalled, the device is changed or breaks down. The shopping list, the week and recipe swap choices are backed up to the User's account, so that they can be found again on another phone, as described in the BCH Scan app privacy policy.

Article 6: Intellectual property

The App, the BetterCallHealth Method, its reading database, its texts, illustrations, generated photographs, trade marks and logos are the property of BCH or its licensors and are protected by intellectual property law. These Terms give the User a personal, non-exclusive and non-transferable right to use the App. Product records from Open Food Facts are made available under the Open Database License (ODbL), with attribution to Open Food Facts shown in the App. Any reproduction, extraction or distribution of the reading database or of the Method for purposes other than personal use is prohibited.

Contributions. When the User adds a product to the App (a confirmed ingredient list, a photo of the front of the pack and a photo of its list), they grant BCH, free of charge and on a non-exclusive basis, worldwide and for the full duration of the rights, the right to reproduce, adapt (cropping, compression) and display this content in the App and in BCH's services, in order to present the product to anyone who scans it. They warrant that their photos show only the product's packaging, with no person and no personal document. BCH may refuse or remove any contribution.

Article 7: Availability and changes

BCH makes every effort to keep the App available at all times, without being bound to achieve this. Interruptions may occur for maintenance, updates or external reasons. BCH may change the features, the reading database and the rules of the Method; substantial changes are announced in the App, and the version of the database is shown in the chapter "The Method". Some features require an internet connection and a recent version of the operating system.

Article 8: Liability

The App provides general information, based on third-party data and on a published editorial grid. BCH does not guarantee that product records are complete, accurate or up to date, nor that a product suits your personal situation. The User remains solely responsible for their food and health choices, which they make with their doctor. BCH cannot be held liable for indirect damage, for the loss of data kept on the device, or for the consequences of using the App in breach of these Terms. To the extent permitted by law, BCH's liability in connection with the App is limited to the amounts paid by the User for the Premium subscription during the twelve months before the event giving rise to the claim. Nothing in these Terms excludes or limits BCH's liability for death or personal injury caused by its negligence, for fraud, or in any other case where the law does not allow such a limitation. Your statutory rights as a consumer are not affected.

Article 9: Suspension and termination

The User may stop using the App at any time and delete their account from the Profile; deletion is immediate and permanent. Cancelling the Premium subscription is covered by Article 3.3. BCH may suspend or close an account in the event of a serious breach of these Terms, in particular an attempt to get around the App's limits or to automate its use, after informing the User where possible.

Article 10: Personal data

The processing of personal data by the App is described in the BCH Scan app privacy policy, which forms an integral part of these Terms. It explains in particular what stays on the device, what passes through our servers, the consents requested and how to withdraw them.

Article 11: Governing law and disputes

These Terms are governed by the law of England and Wales. If you are a consumer, nothing in them deprives you of the protection of the mandatory rules of the law of the country, or in the United Kingdom of the part of it, where you live, and you may bring a claim before its courts.

If you have a problem, please write first to contact@bettercallhealth.com; BCH replies within 30 days. If a written complaint remains unanswered or unresolved, you may refer it to an alternative dispute resolution body; BCH will give you its details on request.

Article 12: Changes to these Terms

BCH may change these Terms. The version in force, dated and numbered, is the one published at the address given in the Preamble. In the event of a substantial change, the App informs the User before it takes effect; using the App after that date constitutes acceptance, and the User remains free to delete their account.

Article 13: Contact

BetterCallHealth LLP, 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom · contact@bettercallhealth.com · data protection: privacy@bettercallhealth.com.