Terms of Service

1. Purpose

These Terms of Service define the conditions under which the MyMealMaker service is made available and the terms under which users may access it.

By creating an account or accessing the service, the user unconditionally accepts these Terms.

2. Service description

MyMealMaker is a platform for qualified dietitians and dietitian-nutritionists. It enables the generation of personalised meal plans, patient management and the export of professional documents.

The service is in continuous access. Features may evolve; users are notified of significant changes by email.

3. Access to the service

Access to the service requires account creation. The user is responsible for the confidentiality of their login credentials and for all activity carried out from their account.

MyMealMaker reserves the right to suspend or revoke access in cases of fraudulent use or breach of these Terms.

4. Not a medical device

MyMealMaker is not a medical device. The generated meal plans are professional practice support tools. They do not replace the clinical judgement of the healthcare professional, who remains solely responsible for the recommendations given to their patients.

The user agrees to validate all plans before sharing them with a patient, and to adapt recommendations to each individual clinical situation.

5. Patient management and consent responsibility

The professional may add patients to the platform. When added, a patient account is created and the patient receives an invitation to join MyMealMaker.

Before adding a patient, the professional must explicitly certify that the patient has been informed and has given their consent to be registered on the platform and to have their data processed in this context.

Under the GDPR (Art. 4 and 28), the professional acts as the data controller for their patients' data. MyMealMaker acts as a data processor, processing this data solely on the professional's instructions and within the scope of the service.

Accordingly, the professional is solely responsible for:

• obtaining valid consent from patients before registering them
• informing patients of their GDPR rights (access, rectification, erasure, etc.)
• any dispute or complaint from a patient regarding registration or data processing

MyMealMaker shall not be held liable for any lack of consent attributable to the professional.

6. Payments

MyMealMaker integrates Stripe Connect to allow professionals to bill their patients directly through the platform. Transactions occur between the professional and their patient; MyMealMaker does not intervene in the financial flow and charges no commission on these transactions.

By using the payment feature, the professional agrees to Stripe's terms of service (available at stripe.com) and becomes solely responsible for their payment relationship with their patients. MyMealMaker shall not be held liable for:

• financial disputes between a professional and their patients
• refunds, chargebacks or unpaid invoices
• any issue related to payment processing by Stripe

Any payment dispute must be resolved directly between the professional and their patient, or through Stripe's dispute resolution mechanisms.

MyMealMaker provides an invoice generation tool for informational purposes only. The healthcare professional using it is solely responsible for the tax, accounting and legal compliance of the invoices issued through the platform, in particular with regard to the legal obligations applicable in France (the 2018 anti-VAT-fraud law) and in Belgium. MyMealMaker shall not be held liable for any errors, omissions or non-compliance in the generated documents.

7. Referral program

MyMealMaker offers a referral program allowing any registered professional (the "referrer") to share a referral code or link with another professional (the "referee").

• The referee receives a 30% discount for 3 months on their first premium subscription, subject to eligibility (first subscription only, not combinable with other discounts: only one discount applies per subscription).
• The referrer receives a commission of 5% of each subscription payment made by their referee, as long as both the referrer and the referee hold an active premium subscription at the time of payment. If either condition is no longer met, no commission is due for the period concerned.
• If a referee's payment is refunded, the corresponding commission is cancelled or clawed back proportionally.

The referrer chooses how commissions are paid out:

• Subscription credit (default): commissions are automatically deducted from their upcoming MyMealMaker subscription invoices. This credit constitutes a simple commercial discount.
• Bank transfer via Stripe Connect: commissions are transferred to the referrer's bank account. Amounts received this way constitute income. The referrer is solely responsible for the related tax, social security and accounting obligations, including declaring this income to the competent authorities. MyMealMaker does not withhold or declare anything on the referrer's behalf and does not provide tax advice. Using bank transfers requires acceptance of Stripe's terms.

Any fraud or abuse (self-referral, creation of fake accounts, misuse of the program) will result in the cancellation of the benefits and commissions concerned and may lead to account suspension. MyMealMaker reserves the right to modify or terminate the referral program at any time; commissions already earned remain due.

8. Intellectual property

All elements of the service (interface, algorithms, editorial content, MyMealMaker brand) remain the exclusive property of MyMealMaker. Any reproduction or use without prior authorisation is prohibited.

Content created by the user (plans, patient data) belongs to the user. The user grants MyMealMaker a limited, non-exclusive licence to technically process such content within the scope of the service.

9. Liability

MyMealMaker commits to best efforts to ensure the availability and reliability of the service. However, MyMealMaker shall not be held liable for:

• temporary service interruptions for maintenance
• errors or inaccuracies in generated plans
• damages resulting from use of recommendations by patients
• data loss due to events beyond its control

10. Personal data

The processing of personal data is governed by our Privacy Policy, in compliance with the GDPR (EU Regulation 2016/679).

11. Amendments

MyMealMaker reserves the right to amend these Terms at any time. Users will be notified by email of any material changes. Continued use of the service constitutes acceptance of the updated Terms.

12. Applicable law and jurisdiction

These Terms are governed by Belgian law. In the event of a dispute, the parties agree to seek an amicable resolution before pursuing legal action. Failing that, the competent courts shall be those of the publisher's place of residence.

13. Contact

For any questions regarding these Terms: team@mymealmaker.com