Terms & Conditions

1. Acceptance of Terms

Digital Media Advertising Limited ("we", "our", "us") operates the Holi mobile application and website. By creating an account, accessing, or using Holi, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use our services.

2. Description of Service

Holi is a nutrition tracking application that provides:

  • Food photo analysis using artificial intelligence
  • Nutritional information and meal tracking
  • Client-nutritionist matching and communication platform
  • Health data management and analytics
  • Document sharing and consent management

3. Eligibility and Age Requirements

You must be at least 16 years old to use Holi. By using our services, you represent and warrant that:

  • You are at least 16 years of age
  • You have the legal capacity to enter into these Terms
  • You are not prohibited from using our services under applicable law

4. User Accounts

4.1 Account Creation

  • You must provide accurate, current, and complete information
  • You are responsible for maintaining the confidentiality of your account credentials
  • You must notify us immediately of any unauthorized use of your account
  • You are responsible for all activities that occur under your account

4.2 Account Types

  • Client Accounts: For individuals seeking nutrition tracking and professional guidance
  • Nutritionist Accounts: For qualified nutrition professionals providing services to clients

5. Acceptable Use Policy

5.1 Permitted Uses

  • Use Holi for personal nutrition tracking and health management
  • Connect with qualified nutritionists for professional guidance
  • Share relevant health information with your linked nutritionist
  • Upload and analyze food photos for nutritional insights

5.2 Prohibited Uses

You agree not to:

  • Use Holi for any unlawful purpose or in violation of any applicable laws
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Interfere with or disrupt the proper functioning of our services
  • Upload, post, or transmit any harmful, offensive, or inappropriate content
  • Impersonate any person or entity or misrepresent your affiliation
  • Use automated systems to access our services without permission
  • Reverse engineer, decompile, or disassemble our software

6. Health Information and Medical Disclaimers

6.1 Not Medical Advice

IMPORTANT: Holi is not a medical service and does not provide medical advice, diagnosis, or treatment. The information provided through our services, including nutritional analysis and recommendations, is for informational purposes only and should not be considered as professional medical advice.

6.2 Professional Nutritionist Services

  • Nutritionists using Holi are independent professionals
  • We do not endorse or guarantee the qualifications of any nutritionist
  • You are responsible for verifying the credentials of any nutritionist you choose to work with
  • Any advice provided by nutritionists is their professional opinion, not ours

6.3 Health Data Responsibility

  • You are responsible for the accuracy of health information you provide
  • Always consult with qualified healthcare professionals for medical concerns
  • Do not use Holi as a substitute for professional medical care
  • Seek immediate medical attention for any health emergencies

6.4 Weight Management Disclaimers

IMPORTANT: Holi is not responsible for any weight loss, weight gain, or changes in body composition that may occur as a result of using our services. Any outcomes are entirely dependent on your individual actions, choices, and circumstances, including but not limited to:

  • Individual Actions: Your dietary choices, exercise habits, and lifestyle decisions
  • Health Conditions: Pre-existing medical conditions, medications, or health factors
  • Genetic Factors: Individual metabolism, body composition, and genetic predispositions
  • External Factors: Stress, sleep, environment, and other lifestyle factors
  • Professional Guidance: Following or not following advice from qualified nutritionists

No Guarantees: We make no claims, promises, or guarantees about weight management outcomes. Results vary significantly between individuals and are influenced by numerous factors beyond our control.

7. Artificial Intelligence Services

Holi uses OpenAI's artificial intelligence services to analyze food photos and provide nutritional insights. By using our services, you acknowledge that:

  • AI analysis results are estimates and may not be 100% accurate
  • You should verify nutritional information with reliable sources
  • We are not responsible for the accuracy of AI-generated content
  • AI services are provided by third parties and subject to their terms
  • AI analysis may not be suitable for individuals with specific dietary restrictions or medical conditions
  • You should always verify AI-generated nutritional information with qualified professionals
  • We are not responsible for any health consequences resulting from following AI recommendations
  • AI analysis is based on general nutritional databases and may not account for individual variations

8. Service Availability and Technical Issues

IMPORTANT: Holi is provided on an "as available" basis. We do not guarantee:

  • Uninterrupted or error-free service operation
  • Continuous availability of all features and functionality
  • Compatibility with all devices, operating systems, or browsers
  • Data backup or recovery services
  • Real-time synchronization of data across devices

We reserve the right to modify, suspend, or discontinue any part of our services at any time without notice. We are not liable for any downtime, data loss, or service interruptions.

9. Client-Nutritionist Relationships

9.1 Holi as a Directory Service

IMPORTANT: Holi serves as a directory and verification platform for registered nutrition professionals. We are not a healthcare provider, medical service, or professional practice management system. Our role is limited to:

  • Providing a searchable directory of qualified nutrition professionals
  • Verifying professional credentials and qualifications
  • Facilitating initial connections between clients and nutritionists
  • Providing a platform for professional communication and document sharing

9.2 Independent Professional Relationships

When you choose to link with a nutritionist through Holi:

  • Independent Relationship: The professional relationship is between you and the nutritionist only
  • Nutritionist's Terms Apply: You will be subject to the nutritionist's own privacy policy and terms & conditions
  • Holi's Limited Role: Holi is not a party to your professional relationship with the nutritionist
  • Professional Responsibility: The nutritionist is solely responsible for their professional services and advice
  • Separate Agreements: Any agreements, contracts, or professional arrangements are between you and the nutritionist

9.3 Professional Boundaries

  • All client-nutritionist relationships are professional in nature
  • Nutritionists must maintain appropriate professional boundaries
  • Clients must respect nutritionists' professional expertise and time
  • Any disputes between clients and nutritionists are between those parties only
  • Holi is not responsible for the quality, accuracy, or appropriateness of professional advice

9.4 Consent and Data Sharing

  • Clients must provide explicit consent before sharing health data with nutritionists
  • Nutritionists must respect client privacy and confidentiality according to their own policies
  • Data sharing is limited to information necessary for professional services
  • Clients may withdraw consent at any time
  • Nutritionists' privacy policies and terms & conditions govern the use of shared data

9.5 Limitation of Holi's Responsibility

Holi is not responsible for:

  • The professional qualifications, credentials, or expertise of nutritionists
  • The quality, accuracy, or appropriateness of professional advice provided
  • Any disputes, complaints, or issues arising from professional relationships
  • Compliance with nutritionists' own privacy policies or terms & conditions
  • Professional malpractice, negligence, or misconduct by nutritionists
  • Any outcomes resulting from following professional advice

10. Payment Terms

Currently, Holi is free to use. We reserve the right to introduce paid features or subscription services in the future. If we introduce paid services:

  • We will provide advance notice of any pricing changes
  • Payment will be processed through secure third-party providers (e.g., Stripe)
  • All fees are non-refundable unless otherwise stated
  • You may cancel your subscription at any time

11. Intellectual Property Rights

11.1 Our Rights

All content, features, and functionality of Holi, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are owned by Digital Media Advertising Limited or its licensors and are protected by copyright, trademark, and other intellectual property laws.

11.2 Your Rights

  • You retain ownership of content you upload to Holi
  • You grant us a license to use your content to provide our services
  • You may download your meal calendar data in CSV format
  • You may request deletion of your data at any time

12. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using Holi, you consent to the collection and use of your information as described in our Privacy Policy.

13. Data Security and Breach Protection

While we implement reasonable security measures to protect your data, you acknowledge that:

  • No system is 100% secure from cyber attacks or data breaches
  • We are not liable for any data breaches, unauthorized access, or data loss
  • You are responsible for maintaining the security of your account credentials
  • We are not responsible for any damages resulting from security incidents
  • You should regularly backup any important data stored in our services

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • Holi is provided "as is" without warranties of any kind
  • We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose
  • We are not liable for any indirect, incidental, special, or consequential damages
  • Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim
  • We are not responsible for the actions or advice of nutritionists using our platform
  • We are not liable for any health outcomes, medical conditions, or adverse effects resulting from use of our services
  • We are not responsible for any decisions made based on AI-generated nutritional analysis
  • We are not liable for any data loss, corruption, or unauthorized access to your account
  • We are not responsible for the accuracy, completeness, or timeliness of any information provided through our services
  • We are not liable for any third-party services, integrations, or external websites linked through our platform

15. Indemnification

You agree to indemnify and hold harmless Digital Media Advertising Limited and its officers, directors, employees, and agents from any claims, damages, or expenses arising from:

  • Your use of Holi
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Content you upload or share through our services

16. Termination

16.1 Termination by You

You may terminate your account at any time by contacting us at stuart@digma.io. Upon termination, your data will be deleted in accordance with our Privacy Policy.

16.2 Termination by Us

We may suspend or terminate your account if you violate these Terms or for any other reason at our sole discretion. We will provide reasonable notice when possible.

17. Force Majeure

We are not liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to:

  • Natural disasters, pandemics, or other acts of God
  • Government actions, regulations, or restrictions
  • Internet outages, cyber attacks, or technical failures
  • Third-party service provider failures or disruptions
  • Labor disputes, strikes, or other industrial action

18. Changes to Terms

We may update these Terms from time to time. We will notify you of any material changes by:

  • Posting the updated Terms on our website
  • Sending you an email notification
  • Displaying a notice in the app

Your continued use of Holi after changes become effective constitutes acceptance of the new Terms.

19. Dispute Resolution

19.1 Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales.

19.2 Jurisdiction

Any disputes arising from these Terms or your use of Holi will be subject to the exclusive jurisdiction of the courts of England and Wales.

19.3 Alternative Dispute Resolution

Before pursuing legal action, we encourage you to contact us at stuart@digma.io to attempt to resolve any disputes informally.

20. Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect.

21. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Digital Media Advertising Limited regarding your use of Holi.

22. Contact Information

If you have any questions about these Terms, please contact us:

  • Email: stuart@digma.io
  • Company: Digital Media Advertising Limited
  • Address: Available upon request

23. Effective Date

These Terms are effective as of 12/8/2025 and will remain in effect until modified or terminated in accordance with these Terms.