Niste: Terms of use and disclaimer

DRAFT, for legal review before publication. This is a plain-language working draft written by the product team. It is not legal advice and has not been reviewed by a lawyer. Items in [square brackets] are placeholders or facts that must be confirmed before publication. The landing page copy in landing-page/public/terms.html mirrors this file and must be updated together with it.

Version: 0.1 (draft)
Date: 2026-10-25
Applies to: the Niste mobile app (iOS and Android), the Niste AI assistant, and the website niste.app

Assumptions made in this draft: users are adults (18+); data is hosted and processed in the EU as described in docs/GDPR_ROUTING_DECISION.md; the operator is based in Austria; the app is free or its pricing is covered in a separate document; Niste is positioned as a wellness and sports-nutrition tool, never as a medical device (see docs/GDPR_REVIEW_2026-09-20.md section E, which warns that a disclaimer alone does not decide device classification, so the product copy must stay consistent with this text).

1. Who provides Niste

Niste is provided by [legal entity name, legal form, registered address, company register number, VAT ID], Austria ("we", "us", "Niste"). Contact details are in section 13.

2. What Niste is, and what it is not

Niste is a chat app for fueling, recovery, performance and muscle gain. You tell it what you ate, how you feel and what training or events are coming up, and it gives you general food and training information. The information comes from an AI assistant and from curated food tables.

Niste is not:

• medical, dietary or nutritional advice, and it is not a replacement for a doctor, dietitian, pharmacist or other qualified professional;
• a diagnosis, a treatment, or a way to manage or monitor any disease;
• a guarantee that any number is correct. Calorie, macro and portion values, especially those estimated from a photo or from a short text description, are estimates. They can be wrong, sometimes by a lot;
• a weight-loss product. Niste does not set calorie-deficit targets and does not ask you to compensate for food with exercise.

The AI assistant can make mistakes, misunderstand you, or say something that sounds sure but is wrong. Treat what it says as a starting point, not as an instruction.

3. Our responsibility statement, in plain words

Niste and its AI assistant take no responsibility for your food, diet or training decisions. This applies in particular, and without limitation, to people with diabetes, allergies, intolerances, pregnancy, an eating-disorder history, kidney disease, or any other medical condition.

• If any of this applies to you, or you are unsure, check anything that matters with a doctor or dietitian before you act on it.
• If you notice symptoms such as a severe allergic reaction, trouble breathing, fainting, very high or low blood sugar, or any other medical emergency, stop using the app and contact your local emergency services right away (112 in the EU). Niste cannot call for help for you and is not an emergency service.
• When you tell Niste about a health condition, the assistant may become more cautious and point you to a professional instead of giving specific numbers. This is a safety measure, not medical advice, and it does not mean the remaining answers are safe for your condition.

This section does not exclude or limit liability where the law does not allow that (see section 11).

4. Allergens and ingredients

Niste cannot verify what is actually in a food. A photo cannot prove that an allergen is absent, and a description you give or the assistant's reading of a menu or label can be incomplete or wrong. Even when Niste knows your allergies and avoids those foods, it can still miss a hidden ingredient, a recipe change or cross-contamination.

Always read the label, and ask the restaurant or the person who prepared the food. Never rely on Niste alone when an allergen or intolerance could harm you.

5. Age

Niste is for adults. You must be at least 18 years old to use it. If you are younger, please do not use the app. If we learn that someone under 18 has an account, we may close it.

6. Acceptable use

Please do not:

• use Niste to get advice for a medical condition in place of a professional, or to treat or manage a disease;
• use it to pursue extreme restriction, purging, or compensating for food with exercise. If you struggle with food or body image, please talk to a doctor or a support service;
• try to break, probe or overload the service, bypass its limits or safeguards, or access other people's data;
• upload content you have no right to share, or content that is unlawful or harmful;
• resell or copy the service, or use its outputs to build a competing model.

We may suspend or close an account that breaks these rules.

7. Your account and your data

You need an account to use Niste, and you are responsible for keeping your sign-in details safe.

Your data is yours. In short [align with the final privacy notice before publication]:

• Your data is hosted in the EU, and AI processing uses EU-hosted providers only, as described in our routing decision (docs/GDPR_ROUTING_DECISION.md).
• Health-related information and AI processing of your text and photos are optional and need your separate, explicit consent. You can change a choice or withdraw consent in Settings at any time. Leaving AI processing off still allows manual records.
• You can export your data and delete your account in the app. Deletion removes your records, with the exceptions and timing set out in the privacy notice (for example backups that expire on a schedule).
• We do not use your information for advertising or for training models.
• Chat is kept for up to [12 months] and photos for up to [90 days] unless you delete them sooner [confirm retention periods].

The full details are in the privacy notice: [link to privacy notice]. The summary above follows the privacy summary in docs/GDPR_REVIEW_2026-09-20.md (section D).

What you tell Niste about what you ate is stored as you said it, including foods that do not match your diet. You can edit or delete any record. What you edit overrides the estimate.

8. Availability and changes

Niste is in development. We try to keep it running, but we do not promise that it will always be available, error-free or complete, and features can change, move or be removed. The AI providers and food data we rely on can change too. We may update these terms; if the change is important we will tell you in the app before it applies, and the version and date above will change. If you do not agree with a change, you can stop using Niste and delete your account.

9. Intellectual property

Niste, its design, text and software belong to us or our licensors. You keep the rights to what you put in (your messages and photos) and give us the permission we need to store and process them to run the service for you.

10. Third-party content

Niste may mention foods, products, restaurants or sources that belong to others. We do not control them and do not endorse them.

11. Limitation of liability

In plain words: we provide Niste as it is, and to the extent the law allows, we are not liable for loss or harm that comes from relying on its information, estimates or AI answers, including decisions about food, diet, allergens or training. That includes indirect losses such as lost income or lost data.

This does not limit liability that cannot be limited by law. In particular, nothing here limits liability for intent or gross negligence, for injury to life, body or health caused by our fault, for fraud, under mandatory product liability rules, or any other right you have as a consumer under mandatory law (including the consumer protection rules that apply where you live). If a rule of mandatory law gives you more rights than this text, the law applies. [Legal review: confirm the wording for Austria and for consumers in the other EU states where Niste is offered.]

12. Governing law and disputes

These terms are governed by Austrian law [legal review: confirm scope and choice of law for consumers]. If you are a consumer, you keep the protection of the mandatory consumer law of the country where you live, and you may be able to bring a claim in the courts there. [Place of jurisdiction for business users: to be set by legal review.] EU consumers can also use the online dispute-resolution information provided by the European Commission [confirm current link and whether we take part].

13. Contact

[Company name], [postal address], Austria
Email: [contact email]
Privacy questions: [privacy contact email / data protection contact]

14. Version history