1. Introduction and Acceptance of Terms

Welcome to the Aptaclub India AI Poop Checker (the Tool or Poop Tracker), a free digital parenting support service provided by Nutricia India Pvt. Ltd. (Danone India, we, us, or our), incorporated under the Companies Act, 2013, with its registered office in India.
By accessing or using the Tool, submitting your personal information, or clicking ‘I Agree’ (or any equivalent confirmation), you (User, you) confirm that you have read, understood, and agree to be legally bound by these Terms and Conditions (T&C) and our Privacy Policy.

2. About the AI Poop Checker Tool

2.1 What the Tool Does

The Aptaclub India AI Poop Checker is a free, non-diagnostic parenting support tool designed to help parents and caregivers of infants and toddlers understand their baby’s stool characteristics. The Tool allows you to:

• Upload a photograph of your baby’s diaper/nappy for AI-powered analysis of stool colour and consistency;
• Receive a personalised poop assessment report delivered via WhatsApp to your registered mobile number;
• Access care advice and general guidance regarding your baby’s digestive health.

2.2 Non-Diagnostic Disclaimer

The AI Poop Checker is NOT a medical or diagnostic tool. All results, analysis, and care advice are for informational and reference purposes only. They do not constitute medical advice, diagnosis, or treatment.

This Tool is intended for use for healthy, full-term babies. If your baby was born premature or has an existing health condition, please consult a paediatrician before relying on this Tool. Always seek the advice of a qualified healthcare professional (paediatrician, general physician, or pharmacist) regarding any concerns about your baby’s health.

In case of a medical emergency, contact emergency services immediately.

AI Poop Tracker is for informational purposes only, use of AI Poop tracker is not meant to serve as a substitute for professional medical advice, any reliance on any information provided under the Tool is at your own risk

3. Eligibility

To use the Poop Tracker, you must:

• Be at least 18 years of age;
• Be a resident of India.
• Be a parent, legal guardian, or primary caregiver of the infant or toddler whose stool is being assessed;
• Provide accurate and complete information as required by the Tool;
• Consent to the collection, processing, and use of your personal data as described in this T&C and our Privacy Policy.

4. Personal Data Collection

4.1 Data We Collect

To operate the Poop Tracker and deliver your report via WhatsApp, we collect the following categories of personal data:

4.2 Sensitive Data

Baby stool photographs and associated health-related data may constitute sensitive personal data. By using the Tool, you expressly consent to our processing of such data for the purposes described in this T&C.
We do not collect any other sensitive personal data (e.g. financial information, government identification numbers) through the Poop Tracker.

5. Data Retention

Your personal data collected through the Poop Tracker will be retained for a period of five (5) years from the date of initial collection (the Retention Period).

After expiry of the Retention Period, your data will be securely deleted or anonymised, unless:

• Retention is required by applicable law, regulation, or court order;
• The data is required for the resolution of ongoing disputes or enforcement of our legal rights;
• You have provided separate consent for extended use (e.g. for marketing communications or research purposes).

You may request early deletion of your data at any time by contacting us as set out in Section 12. We will process such requests in accordance with the Digital Personal Data Protection Act, 2023 (DPDP Act) and applicable law.

6. WhatsApp Report Delivery

6.1 How It Works

By providing your mobile phone number, you consent to receiving the AI Poop Checker report as a WhatsApp message from Danone India. This report will include:

• An AI-generated summary of your baby’s stool characteristics based on the uploaded photograph;
• General care advice and guidance regarding your baby’s digestive health;
• A reminder that the report is not a medical diagnosis and should not replace professional advice.

6.2 WhatsApp Platform Disclaimer

WhatsApp is a third-party messaging platform operated by Meta Platforms Inc. (Meta). By agreeing to receive your report via WhatsApp, you acknowledge that:

• Transmission of messages over WhatsApp is subject to Meta’s own Terms of Service and Privacy Policy;
• Danone India is not responsible for any breach, unavailability, or delay caused by WhatsApp or Meta;
• You must have a valid WhatsApp account linked to your provided mobile number;
• Message delivery is not guaranteed in all circumstances (e.g. network issues, WhatsApp service interruptions).

If you prefer to receive your report through an alternative channel, please contact us at the details in Section 12.

6.3 Marketing Communications via WhatsApp

Separate from report delivery, with your explicit opt-in consent, Danone India may send product information, parenting tips, and promotional communications via WhatsApp, email, or SMS. You may withdraw this consent at any time by:

• Replying STOP to any WhatsApp or SMS communication;
• Clicking ‘Unsubscribe’ in any email; or
• Contacting us directly at [INSERT MARKETING OPT-OUT EMAIL].

7. Data Sharing and Third Parties

We do not sell your personal data to third parties. We may share your data only in the following limited circumstances:

7.1 Within the Danone Group

Your data may be shared with Danone group companies globally, including for research and analytics purposes. Where stool photograph data is used for scientific research, it is pseudonymised prior to sharing so that neither you nor your baby can be personally identified.

7.2 Service Providers

We engage trusted third-party service providers (e.g. cloud hosting, analytics, AI model providers, WhatsApp Business API partners) to help us operate the Tool. These providers are contractually bound to process your data only for the purposes specified by us and in accordance with applicable law.

7.3 Legal Requirements

We may disclose your data if required by applicable law, regulation, court order, or government authority, including the Ministry of Electronics and Information Technology (MeitY) or courts of competent jurisdiction in India.

7.4 Business Transfers

In the event of a merger, acquisition, or sale of all or part of our business, your data may be transferred to the relevant successor entity, subject to equivalent data protection obligations.

8. Your Rights Under the DPDP Act, 2023

As a Data Principal under the Digital Personal Data Protection Act, 2023, you have the following rights in relation to your personal data:

• Right to Access: Request confirmation of whether we hold your personal data and obtain a copy of that data.
• Right to Correction: Request rectification of inaccurate or incomplete personal data.
• Right to Erasure: Request deletion of your personal data, subject to legal retention obligations.
• Right to Withdraw Consent: Withdraw your consent to processing at any time. Withdrawal does not affect the lawfulness of processing prior to withdrawal.
• Right to Grievance Redressal: Lodge a complaint (As per Section 12).
• Right of Nomination: Nominate a person to exercise your rights in the event of your death or incapacity.

To exercise any of the above rights, submit a written request to our Grievance Officer. We will respond within the timeframe prescribed by applicable law.

9. Intellectual Property

All content, software, AI models, algorithms, trademarks, logos, and materials available through the Poop Tracker (Intellectual Property) are owned by or licensed to Danone India or its affiliates. Nothing in this T&C grants you any licence, right, title, or interest in or to the Intellectual Property, except the limited right to use the Tool as set out herein.

You may not copy, reproduce, distribute, modify, reverse-engineer, create derivative works of, or commercially exploit any part of the Tool or its content without prior written consent from Danone India.

10. User Obligations and Prohibited Conduct

By using the Poop Tracker, you agree that you will:

• Provide accurate, complete, and up-to-date personal information;
• Only upload photographs of your own baby’s stool (or that of a baby for whom you are the legal guardian);
• Use the Tool for lawful personal purposes only;
• Not attempt to bypass, hack, scrape, or overload the Tool or its underlying systems;
• Not impersonate any person or entity, or misrepresent your relationship to any baby whose data you submit;
• Not use the Tool for any commercial purpose without prior written consent from Danone India.

Danone India reserves the right to suspend or terminate your access to the Tool if you breach any of these obligations.

11. Limitation of Liability and Disclaimer

The Poop Tracker is provided on an ‘as is’ and ‘as available’ basis. Danone India makes no warranties, express or implied, regarding the accuracy, completeness, reliability, or fitness for a particular purpose of the Tool or its outputs.

To the maximum extent permitted by applicable law, Danone India shall not be liable for:

• Any loss, damage, or harm arising from reliance on the Tool’s results as a substitute for professional medical advice;
• Unavailability, interruption, or error of the Tool or the WhatsApp report delivery service;
• Unauthorised access to, or alteration of, your data by third parties beyond our reasonable control;
• Indirect, incidental, special, consequential, or punitive damages arising from your use of the Tool.

12. Support and Contact

• For any queries, complaints, or to exercise your rights under applicable laws, you may reach out to or write to us at Danone India Care at: Care.india@danone.com

13. Governing Law and Dispute Resolution

This T&C shall be governed by and construed in accordance with the laws of India, including but not limited to the Digital Personal Data Protection Act, 2023, the Information Technology Act, 2000, and the Consumer Protection Act, 2019.

In the event of any dispute arising out of or in connection with this T&C or the use of the Tool, the parties shall first attempt to resolve the dispute amicably through written communication. If the dispute is not resolved within 30 days, it shall be referred to the exclusive jurisdiction of the courts of Mumbai, India.

14.Termination

Danone India may terminate, suspend, or modify your registration with, or access to, all or part of the Tool without notice, at any time and for any reason. If you breach any of these Terms and Conditions, your authorization to use the Tool automatically terminates and you must immediately destroy any downloaded or printed Materials and any copies thereof. Any termination of an account may automatically lead to the termination and/or deletion of all related profiles. When your account is terminated for any reason, you may no longer have access to data, messages, files and other user submissions you keep on the Tool.

These Terms and Conditions shall become effective as your contractual agreement upon your use of the Tool and shall continue until your account is terminated by you or Company as provided for under the terms of this section.

Without limitation to Danone India other remedies under applicable Laws, Danone India may issue a warning, or temporarily suspend, indefinitely suspend or terminate your account.

15. Amendments

Danone India reserves the right to amend, update, or revise this T&C at any time. Where material changes are made, we will notify you via your registered email address or WhatsApp number at least 14 days prior to the changes taking effect. Your continued use of the Tool after the effective date of any amendment constitutes your acceptance of the revised T&C.

16. General Provisions

• Severability: If any provision of this T&C is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: Failure by Danone India to enforce any right under this T&C shall not constitute a waiver of that right.
• Entire Agreement: This T&C, together with the Privacy Policy, constitutes the entire agreement between you and Danone India in relation to your use of the Poop Tracker.
• Language: This T&C is drafted in English. In case of any conflict between versions in different languages, the English version shall prevail.
• Assignment: You may not assign or transfer your rights or obligations under these T&C without Danone India’s prior written consent. Danone India may freely assign its rights in connection with a business transfer or group restructuring.