Terms of Use — Asidu
These Terms of Use ("Terms") govern your use of the Asidu mobile application ("the App"), developed under the brand Studio Flysch and provided by Nicolas Burri Studio GmbH, Flüelastrasse 16, 8048 Zürich, Switzerland, commercial register no. CHE-470.128.392 ("we", "us"). By downloading, installing, or using the App you agree to these Terms. If you do not agree, do not use the App.
Apple's standard End User License Agreement (EULA) also applies to Apps downloaded from the App Store. Where these Terms and Apple's EULA conflict, these Terms prevail to the extent permitted.
1. What the App is — and is not
Asidu is a self-tracking and information tool. It helps you record food intake, body weight, and activity data, and it calculates estimates such as energy expenditure, nutrient targets, weekly budgets, and readiness indicators from the data you and your devices provide.
The App is not a medical device, does not provide medical, nutritional, or therapeutic advice, and does not replace a physician, registered dietitian, sports scientist, or other qualified professional. All values shown are estimates derived from population-level formulas, third-party databases, sensor data, and AI recognition, and can be materially inaccurate for any individual. See the Health Disclaimer (Section 6), which forms part of these Terms.
2. Eligibility
You must be at least 16 years old to use the App. If you are under 18, you may use the App only with the consent and supervision of a parent or guardian. You must not use the App if you have been advised by a professional not to monitor calories, weight, or body composition, or if such tracking is likely to be harmful to you.
3. Licence
We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the App on Apple devices you own or control, for your personal, non-commercial purposes, in accordance with these Terms and Apple's App Store rules. You may not copy, modify, reverse-engineer, decompile, extract source code from, or create derivative works of the App, except as expressly permitted by applicable law. You may not use the App to build a competing product, to scrape or bulk-extract data, or to circumvent usage limits.
4. Your data and your responsibility
- Data you enter and data read from Apple Health remain on your device (and in your iCloud account if you enable sync). We do not store copies. You are responsible for backing up your data using the export function. We are not liable for data loss resulting from device failure, deletion, OS updates, failed migrations, or your own actions.
- You are responsible for the accuracy of the data you enter and for verifying product information from third-party databases, which may be wrong, incomplete, or outdated.
- You are responsible for any content you submit to AI features. Do not submit images of other people, confidential documents, or unlawful content.
5. AI features, third-party data, and availability
- AI recognition of meals and nutrition labels produces estimates. Recognised foods, quantities, and nutritional values may be wrong. Always review results before relying on them.
- Food data comes from third-party sources (Open Food Facts, FatSecret, the Swiss Food Composition Database). We do not verify individual entries and make no warranty as to their accuracy.
- Features that depend on external services (AI recognition, barcode lookup, food search) require an internet connection and may be limited, throttled (including daily request limits), changed, or discontinued at any time. We do not guarantee availability, response times, or continued support of any feature.
- We may update the App and change or remove features without notice.
6. Health disclaimer and assumption of risk
This section is essential to the agreement between you and us. See the full Health Disclaimer for details.
- No medical advice. Nothing in the App constitutes medical, nutritional, psychological, or fitness advice. The App is not intended to diagnose, treat, cure, or prevent any disease or condition, including eating disorders, metabolic disorders, or cardiovascular conditions.
- Consult a professional. Before changing your diet, energy intake, training load, or body weight — and especially before beginning a caloric deficit, a surplus, or an intensive training programme — consult a qualified professional. Do so in particular if you are pregnant or breastfeeding, under 18, over 65, have any medical condition, take medication, or have a history of disordered eating.
- Estimates only. Energy expenditure, calibration factors, targets, weekly budgets, readiness indicators, HRV-based assessments, and trend forecasts are statistical estimates. They can be wrong for you individually and must never be treated as a medical measurement or as a basis for decisions affecting your health or safety.
- Readiness is not a clearance to train. Readiness indicators describe patterns in your recorded data. They are not a substitute for how you feel, for medical assessment, or for the judgement of a coach. Never train through pain, illness, injury, or symptoms such as chest pain, dizziness, or shortness of breath based on an indicator in the App.
- Warnings are not guarantees. The App may display warnings (for example about low energy availability). The absence of a warning does not mean a behaviour is safe.
- Assumption of risk. You use the App and act on its outputs at your own risk. You acknowledge that dietary changes and physical training carry inherent risks, and you accept sole responsibility for decisions you make about your nutrition, training, and health.
If you experience distress related to food, weight, or body image, stop using the App and seek professional help.
7. Subscriptions
- Certain features are available only with a paid subscription purchased through the App Store ("Asidu Pro" or as otherwise named in the App).
- Subscriptions are billed by Apple to your Apple ID, renew automatically at the stated price and interval unless cancelled at least 24 hours before the end of the current period, and can be managed or cancelled in iOS Settings → Apple ID → Subscriptions.
- Where a free trial is offered, the subscription starts and is charged automatically at the end of the trial unless cancelled before then. Any unused portion of a free trial is forfeited when you purchase a subscription.
- Prices may vary by country and may change; changes apply from the next renewal after notice via the App Store.
- Refunds are handled exclusively by Apple under its App Store terms; we cannot issue refunds directly.
- Promotional or referral offers are subject to the conditions stated when they are presented, may be limited in time or quantity, and may be withdrawn at any time. Abuse of referral mechanisms (e.g. self-referral, automated accounts) may result in loss of benefits.
8. Intellectual property
The App, its design, algorithms, texts, graphics, and trademarks are owned by us or our licensors and are protected by copyright and trademark law. Third-party data and services remain the property of their respective owners. Feedback you give us may be used by us without obligation.
9. Warranty disclaimer
To the maximum extent permitted by applicable law, the App is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy, non-infringement, and uninterrupted or error-free operation. We do not warrant that the App's estimates are correct, that the App will meet your requirements, or that defects will be corrected.
10. Limitation of liability
To the maximum extent permitted by applicable law:
- We are liable only for damage caused by our intent or gross negligence. Liability for slight negligence is excluded.
- We are not liable for indirect or consequential damage, loss of data, loss of profit, or damage arising from reliance on estimates, third-party data, AI outputs, or the unavailability of features.
- We are not liable for the acts, omissions, data, or services of third parties (including Apple, Cloudflare, Anthropic, FatSecret, Open Food Facts).
- Where liability cannot be excluded, our total liability for all claims in any 12-month period is limited to the amount you paid us for the App in that period, or CHF 50 if greater.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under mandatory law, including liability for personal injury caused by intent or gross negligence, or mandatory consumer protection rights in your country of residence.
11. Indemnity
You agree to indemnify and hold us harmless from claims by third parties arising from your breach of these Terms or your unlawful use of the App, to the extent permitted by law.
12. Termination
You may stop using the App at any time by deleting it. We may suspend or terminate access to server-based features if you breach these Terms, abuse usage limits, or attempt to circumvent security measures. Sections 4, 6, 8, 9, 10, 11, and 14 survive termination.
13. Apple-specific terms
These Terms are between you and us, not Apple. Apple is not responsible for the App or its content and has no obligation to provide maintenance or support. To the extent a warranty claim is not disclaimed, you may notify Apple, and Apple will refund the purchase price (if any); Apple has no other warranty obligation. We, not Apple, are responsible for addressing claims relating to the App, including product liability, legal or regulatory compliance, and intellectual property claims. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
14. Governing law and jurisdiction
These Terms are governed by Swiss law, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is Zürich, Switzerland, subject to mandatory consumer-protection provisions that grant you a different forum.
15. Changes to these Terms
We may amend these Terms. The current version is available at asidu.app/terms.html and in the App under Profile → Legal. Continued use after a change constitutes acceptance. If you do not accept a change, stop using the App and cancel any subscription.
16. Contact
Nicolas Burri Studio GmbH
Flüelastrasse 16, 8048 Zürich, Switzerland
[email protected]