Terms of Use & Disclaimer

1. Acceptance of Terms

By accessing and using the GoVisually Nutrition Facts Label Generator (the "Tool"), you accept and agree to be bound by these Terms of Use. If you do not agree to these terms, please do not use this Tool.

2. Tool Purpose & Limitations

This Tool is designed to assist users in generating nutrition facts labels for informational and educational purposes. This Tool is NOT:

• A substitute for professional nutritional analysis or legal compliance advice
• A certification or validation of regulatory compliance
• A guarantee of accuracy for commercial or legal purposes
• A replacement for consulting with qualified food scientists, nutritionists, or regulatory experts

3. No Warranty or Guarantee

THE TOOL IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Accuracy, completeness, or reliability of generated labels
• Fitness for a particular purpose or merchantability
• Compliance with FDA, EU, Health Canada, or any other regulatory requirements
• Uninterrupted, secure, or error-free operation
• Absence of bugs, viruses, or other harmful components

4. User Responsibilities

By using this Tool, you acknowledge and agree that:

• Verification Required: You are solely responsible for verifying the accuracy of all nutrition information generated by the Tool
• Regulatory Compliance: You are responsible for ensuring compliance with all applicable laws, regulations, and standards (including but not limited to FDA, EU Regulation 1169/2011, Health Canada, Food Standards Australia New Zealand, UK FIC, GCC standards)
• Professional Review: You should have all labels reviewed by qualified professionals (nutritionists, food scientists, regulatory consultants) before commercial use
• Independent Testing: You may need independent laboratory testing to verify nutrition values for commercial products
• Input Accuracy: The Tool's output depends on the accuracy of your input data; incorrect input will result in incorrect labels

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOVISUALLY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR:

• Any direct, indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Regulatory fines, penalties, or enforcement actions
• Product recalls or corrective actions
• Litigation, claims, or legal disputes arising from use of generated labels
• Health or safety issues related to incorrect nutrition information
• Damages resulting from errors, inaccuracies, or omissions in generated labels

This limitation applies regardless of whether we were advised of the possibility of such damages.

6. Indemnification

You agree to indemnify, defend, and hold harmless GoVisually and its affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use or misuse of the Tool
• Your violation of these Terms
• Your violation of any regulatory requirements
• Any claims related to products labeled using this Tool

7. AI-Generated Content Disclaimer

This Tool uses artificial intelligence (AI) to parse and extract nutrition information. AI systems can make errors, misinterpret data, or produce unexpected results. Always verify AI-generated content manually.

8. Database & Recipe Calculation Disclaimer

Nutrition calculations based on recipes or USDA database searches are estimates only. Actual nutrition values may vary based on:

• Specific ingredient brands and varieties
• Cooking methods and preparation techniques
• Ingredient substitutions or variations
• Processing and manufacturing conditions
• Seasonal variations in agricultural products

9. Allergen & Health Claims Disclaimer

Critical Safety Notice: This Tool does NOT generate allergen statements, health claims, or ingredient lists. You are solely responsible for:

• Proper allergen labeling and cross-contamination warnings (milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soybeans, sesame)
• Compliance with allergen disclosure requirements (FDA FALCPA, EU FIC Article 21, etc.)
• Accurate ingredient declarations in proper descending order by weight
• Avoiding unauthorized health claims or nutrient content claims
• Proper handling of "gluten-free," "organic," or other regulated claims

Incorrect allergen information can cause life-threatening reactions. Always verify allergen content through proper testing and supply chain documentation.

10. Data Privacy & Retention

This Tool processes nutrition data client-side in your browser. We do not permanently store, sell, or share your nutrition data. However:

• AI parsing requests are temporarily processed through third-party AI services (Google Gemini API)
• Standard web analytics may collect anonymized usage data
• No personally identifiable information is required to use this Tool
• You are responsible for protecting confidential or proprietary product formulations

For complete privacy details, see our Privacy Policy.

11. Regulatory References

Links to regulatory websites (FDA, EU, Health Canada, etc.) are provided for convenience only and do not constitute endorsement. Regulations change frequently; always consult official sources for current requirements.

12. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Delaware, and you hereby consent to personal jurisdiction and venue therein.

International Users: If you access this Tool from outside the United States, you are responsible for compliance with local laws. The Tool's regulatory templates are informational only and may not reflect your jurisdiction's current requirements.

13. Dispute Resolution & Arbitration

Mandatory Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Tool shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Delaware, and judgment on the arbitration award may be entered in any court having jurisdiction.

Class Action Waiver: You agree to bring claims only in your individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.

Exception: Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent. If modification is not possible, the provision shall be severed, and the remaining provisions shall continue in full force and effect.

15. Entire Agreement & Waiver

These Terms constitute the entire agreement between you and GoVisually regarding the Tool and supersede all prior agreements, representations, and understandings. No waiver of any provision shall be deemed a further or continuing waiver of such provision or any other provision.

16. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be indicated by updating the "Last Updated" date. Continued use of the Tool after changes constitutes acceptance of modified Terms. We recommend reviewing these Terms periodically.

17. Recommended Best Practices

For commercial use of nutrition labels, we strongly recommend:

• Having labels reviewed by a food scientist or regulatory consultant
• Conducting independent laboratory analysis for nutrition values (AOAC methods)
• Consulting with legal counsel familiar with food labeling regulations
• Implementing quality control procedures for label accuracy
• Maintaining documentation of nutrition calculations and data sources
• Regularly reviewing labels for regulatory updates and changes
• Obtaining proper liability insurance for food manufacturing and distribution
• Establishing allergen control programs and HACCP plans