These terms and conditions (the "Terms") govern your (the "User") access to and use of the "AI Growth Tracker", a free AI digital tool (the "Digital Tool") made available in India by Nutricia International Private Limited, a company incorporated under the Companies Act, 2013 and having its registered office in India ("Danone", "we", "us" or "our").
Please read these Terms carefully. By accessing or using the Digital Tool, clicking "I agree", submitting any data, uploading any image, completing any questionnaire or otherwise indicating acceptance, you agree to be bound by these Terms and the Privacy Notice.
These Terms must be read together with the Privacy Notice. If there is any inconsistency between these Terms and the Privacy Notice in relation to processing of personal data, the Privacy Notice will prevail to the extent required under applicable data protection law. These Terms form a binding contract. If you do not accept these Terms, please do not access or use the Digital Tool and the Services (as defined below).
The Digital Tool is made available by Danone and may be supported by other Danone group entities.
Subject to User compliance with these Terms, we grant you a limited, non-exclusive, non-transferable and revocable right to use the Digital Tool solely for personal, non-commercial, informational use in India and strictly in accordance with these Terms and the Privacy Notice.
The Digital Tool is intended to enable a parent or legal guardian ("Parent/Guardian") to upload a photograph of their child (up to approximately 2 years of age), together with details such as the child's gender, date of birth and feeding type, and optionally the formula brand used, in order to generate a non-diagnostic, AI-based indicative estimation of the child's height and weight, benchmarked against WHO Child Growth Standards, along with general, non-medical growth-related insights ("Services").
The Digital Tool is an educational aid / informational tool provided solely for educational and informational purposes and is not intended for nor does it constitute any clinical, diagnostic, therapeutic, emergency, insurance or eligibility decision-making. Please note that the information contained in the Digital Tool does not contain or constitute medical advice and is solely meant for information purposes. We are not responsible for counselling or monitoring medical treatment and do not provide any medical services, advice, therapies, diagnoses, or treatments.
The Digital Tool is not intended to be used as a medical device. User's use of the Digital Tool does not give rise to a healthcare professional-patient relationship between us and the User. This Digital Tool and the Services should not be considered a replacement or alternative for medical advice, diagnosis or treatment.
You acknowledge and understand that any decisions regarding your child's growth, nutrition, feeding, supplementation or healthcare should be made in consultation with a qualified healthcare professional. You agree to waive, to the maximum extent permitted by law, any claims against Danone and its affiliates arising from your reliance on the Digital Tool's information as a substitute for professional medical advice, diagnosis or treatment.
The Digital Tool does not confirm, rule out, diagnose, monitor, prevent or treat any growth disorder, developmental delay, malnutrition or any other medical condition.
The outcome of the assessment from access to the Digital Tool may vary based on the image, lighting, device conditions, pose, clothing, distance, quality of inputs and information provided by you.
The Digital Tool is AI enabled and the outputs may be probabilistic, incomplete, inaccurate, biased by input quality or dataset limitations, and should be treated as general informational content.
Danone makes no representation as to the accuracy, completeness, reliability, suitability or medical relevance of the assessment provided through the Digital Tool and shall not be held responsible or liable for any direct or indirect consequences whatsoever arising from reliance on the assessment.
Your data will only be used in accordance with these Terms and for research, analytics, product development, innovation, model training and product improvement purposes in accordance with applicable law.
Depending on the fields enabled in the Digital Tool, we may collect and process the following data:
We process personal data only for specified lawful purposes notified to you, including:
You understand that the data collected by us, as set out above in Clause 3.1, including photographs of your child and associated growth-related data, may constitute sensitive personal data. By accessing or using the Digital Tool, you expressly consent, as the parent or legal guardian of the child, to our processing of such data for the purposes described in these Terms.
As a Data Principal under the Digital Personal Data Protection Act, 2023, you have the following rights in relation to your personal data (and, where exercised on behalf of your child, in relation to your child's personal data):
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.
You are responsible for providing accurate and authentic information, confirming that you are the parent or lawful guardian of the child whose data and image is submitted, not impersonating another person, not suppressing material information, complying with applicable law while exercising rights, and not registering false or frivolous grievances or complaints.
If you submit personal data relating to another individual's child, you represent that you have lawful authority to do so.
We may share personal data with Danone group entities and third-party processors, including hosting providers, technology providers, AI/model providers, analytics providers, communications providers (including WhatsApp Business API providers), security providers, professional advisers and support vendors, solely for specified purposes and subject to appropriate contractual obligations.
Your Data will be retained for a period of 5 Years from the date of upload and from the date of initial collection (together, the "Retention Period").
After expiry of the Retention Period, your data will be securely deleted or anonymised, unless:
You may request early deletion of your data at any time by contacting us as set out in Section 08. We will process such requests in accordance with applicable law.
Educational, promotional, product, brand or similar non-service communications, including via WhatsApp and email, will be sent only where you have provided a separate opt-in consent (via an unticked checkbox at the point of collection), unless otherwise permitted by applicable law. You may opt out or unsubscribe from such communications at any time.
Danone does not sell your or your child's personal data.
We endeavour to keep the Digital Tool reasonably free from errors and malicious code and to ensure that it does not harm or unduly interfere with the device on which it is accessed.
However, to the fullest extent permitted by law, we are not liable for direct or indirect damage caused by viruses, malicious software, use of the Digital Tool, the content of the Digital Tool or third-party websites or services linked from the Digital Tool.
You must not probe, scan or test the vulnerability of the Digital Tool or any related system or network, breach security or authentication measures, interfere with another user's access, send viruses, overload, flood, spam or mail-bomb the Digital Tool, plant malware on our systems or the systems of our providers, or impersonate or misrepresent your identity or affiliation with any person or entity.
The User should not use the Digital Tool unless the User has reviewed and understood the Privacy Notice and any consent choices presented through the Digital Tool.
The Digital Tool is intended for use only by adults who are at least 18 years old and legally competent to contract, acting as the parent or lawful guardian of the child whose data is submitted.
Any personal data relating to a child requires the User to represent that they are the parent or lawful guardian and are competent to provide verifiable consent.
The Digital Tool must not be used directly by children. Access to the Digital Tool should only be made from India.
Use of the Digital Tool is for User's own personal and non-commercial use.
You must not:
In the event of non-compliance by the User with any of these Terms, including but not limited to Clause 6.2, Danone shall be entitled to terminate or restrict the User's access to the Digital Tool and Services with immediate effect.
Access may also be suspended or terminated for security, legal compliance, operational integrity, protection of personal data or protection of Danone's rights, or for any reason whatsoever.
The texts, images, logos, code and other elements of the Digital Tool are designed by or on behalf of Danone and are protected by copyright or other intellectual property rights which are and remain the exclusive property of Danone.
The questionnaire, image-analysis flow, growth-estimation logic, WHO benchmarking presentation, user interface, databases, content, look and feel, trademarks, service marks, designs, software and all related materials are owned by or licensed to Danone or its affiliates.
Access to the Digital Tool grants no rights in relation to the intellectual property rights on its content or underlying logic including, without limitation, trademarks, logos, graphics, photographs, animations, videos, text and code of Danone.
No licence is granted except the limited right to access and use the Digital Tool in accordance with these Terms.
This Digital Tool is protected by copyright and may not be copied, reproduced, republished, adapted, translated, modified, communicated, distributed, made available to the public, commercially exploited or otherwise used, in whole or in part, in any form or by any means, without the prior written permission of Nutricia International Private Limited.
If the User has any complaints, objections or suggestions as to the material or content of the Digital Tool, or if he/she believes that material or content published on this Digital Tool infringes the rights or intellectual property that User holds, please contact us immediately at care.india@danone.com with the Grievance Officer.
As soon as practicable, we will consider the complaint and contact User to get further details. In a situation where the data or information provided in the notice need to be supplemented, we will ask User to complete the notice before proceeding further. Time of granting additional information prolongs the notice handling period.
The Digital Tool may provide links to other third parties' content from time to time. These links are provided for your ease of reference and convenience only.
We do not control such third-party contents and are not responsible for their contents and policies, including privacy and personal data policies.
Where the Digital Tool integrates third-party service providers, such providers process data subject to their own terms where they act independently, or under contractual obligations where they process data on our behalf.
Users should review applicable third-party terms and notices where presented.
We are constantly looking for new ways to improve this Digital Tool. We therefore reserve the right to amend these Terms at any time.
All such changes will take effect once they have been posted on the Digital Tool and the User shall receive a notification for such changes including a copy of the new Terms.
If the User continues to use the Digital Tool, the User is deemed to have accepted the updated Terms. If the User does not intend to accept the updated terms, we recommend discontinuing use of the Digital Tool.
All content found on this Digital Tool is not intended to be a substitute for professional medical advice, therapy, diagnosis, or treatment.
The image analysis, growth estimate, WHO benchmarking, report, content and output are informational only and should not be considered a replacement or alternative for medical advice, diagnosis, treatment, therapy, prescription or qualified healthcare consultation.
If User has questions or concerns about his/her child's growth, development or health, User should seek the advice of his/her doctor or a qualified healthcare provider.
While we have endeavoured to make sure the information contained in this Digital Tool is accurate, we cannot guarantee the accuracy of such information, and it is provided without warranty or guarantee of any kind.
Danone and its affiliates are not responsible for any direct or indirect consequences arising from reliance on the assessment, including decisions relating to feeding, nutrition, supplementation, or healthcare.
The Digital Tool is provided on an "as is" and "as available" basis.
To the maximum extent permitted under applicable law, we disclaim all warranties, express or implied, including warranties of accuracy, completeness, reliability, merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, error-free operation or suitability for any medical, nutritional or personal purpose.
To the maximum extent permitted by applicable law, Danone and its affiliates shall not be liable for:
You further agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to Danone or its affiliates or these Terms more than 6 months after such claim or cause of action arose.
These Terms shall be governed by and construed in accordance with the laws of India.
Subject to any mandatory statutory remedy available under applicable law, the courts at Mumbai, India shall have exclusive jurisdiction over disputes arising out of or in connection with these Terms or the Digital Tool.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other right.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations to any Danone group entity or successor in connection with a reorganisation, merger, acquisition, sale of assets or business transfer.
These Terms, together with the Privacy Notice and any additional notices or consent language presented through the Digital Tool, constitute the entire agreement between you and us regarding the Digital Tool.
These Terms are drafted in English. If translated versions are made available, the English version will prevail to the extent of any inconsistency, unless otherwise required by applicable law.