Terms for clinics and clinical nutritionists

These Terms govern the SmartEating clinical workspace, related patient-facing functions enabled by a Customer, APIs and professional services (together, the Service). The Service is provided by Smart Lifestyle AS, organisation number 829 972 972, c/o Christoffer Riseng Bølla, Strandvegen 107, 2315 Hamar, Norway (Smart Lifestyle, we, us or our). Contact: support@smarteating.ai or +47 45 84 94 84.

The Customer is the clinic, practice, sole-practitioner clinical nutritionist or other organisation that obtains the Service. A clinical nutritionist, clinic administrator or other person using the Service for the Customer is a professional User. An order form, pilot agreement, data processing agreement or other written Customer agreement forms part of the agreement and takes priority where it expressly conflicts with these Terms.

Draft and pilot status. This document is a draft and is not effective until adopted. The currently documented pilot is for synthetic patient data only. Identifiable patient data must not be used until the Customer and Smart Lifestyle have completed the required legal, privacy, security, retention and access-control review and entered into an appropriate data processing agreement.

Professional functionality is intended for qualified clinical nutritionists and personnel authorised by the Customer within their permitted role. Accounts are personal. Users must provide accurate account information, protect devices and authentication factors, and promptly report suspected unauthorised access.

• Access patient information only for a current, authorised work-related need.
• Do not share accounts or allow another person to use your authentication factors.
• Follow the confidentiality, record-keeping and information-security duties that apply to you and the Customer.
• Promptly correct incorrect role assignments or access that is no longer needed.

The Customer controls its organisation membership and professional roles. Platform administration is separated from ordinary clinical access. Any exceptional support access to patient information must be necessary, authorised, appropriately limited and logged.

SmartEating supports clinical nutrition workflows. Depending on enabled features, it can organise information entered by professionals or patients, retrieve nutrition references, perform defined calculations, prepare drafts, support consultations and documentation, create recipes and meal-plan structures, support food and progress logging, and make authorised records available to the Customer.

Not an autonomous clinical system. The Service supports a qualified professional. It does not replace clinical judgment, independently diagnose or triage, prescribe treatment, or make a therapeutic decision for a patient. Generated material remains a draft until an authorised professional reviews and approves it.

Features may differ by Customer configuration, plan, geography, provider availability and development stage. Pilot, preview and beta functions may change more frequently and must not be treated as production-ready unless confirmed in writing.

The Customer and treating professional remain responsible for healthcare, clinical assessments and decisions, communication with the patient, the lawful content of the patient record, and compliance with professional and healthcare law.

• Verify identity, history, allergies, medication, measurements, laboratory values and other source information before relying on it.
• Review calculations, citations and generated drafts for accuracy, completeness, currency, contradictions and patient suitability.
• Correct or reject material that conflicts with law, professional judgment, accepted practice or the patient’s needs.
• Do not use SmartEating as an emergency, diagnostic, triage or autonomous treatment system.
• Maintain an appropriate clinical fallback and record-keeping process when SmartEating is unavailable or unsuitable.

For patient and clinical data processed for the Customer, the Customer normally determines the purpose and essential means and acts as controller. Smart Lifestyle processes that information for the Customer under documented instructions and an applicable data processing agreement. Smart Lifestyle is separately responsible for limited account, security, service-administration and business-contact processing that it determines for its own purposes.

• The Customer must establish the required legal basis for ordinary personal data and health data and provide the required information to patients.
• Users may enter only data that is relevant, necessary and authorised for the clinical purpose.
• The Customer decides what belongs in the patient record and how access, correction, export, restriction, retention and deletion are handled under applicable law.
• The Customer and Smart Lifestyle must enter into a compliant data processing agreement before real patient-data use.

The Patient Privacy Notice explains patient-facing processing in plain language. The CN and Clinic User Privacy Notice covers the professional User’s own account and service-administration data. Neither notice replaces the Customer’s own patient privacy information or the parties’ data processing agreement.

SmartEating uses machine-learning services for requested functions such as drafting, summarisation, structured documentation, recipe and meal-plan support, image analysis and transcription. Only context reasonably needed for the requested function should be used.

• Generated material may be inaccurate, incomplete, inconsistent, fabricated, outdated or unsuitable even when it appears confident.
• A citation does not prove that a source has been correctly applied to a particular patient.
• Unreviewed output must not be presented as a clinician-approved recommendation or completed patient record.
• Patient content is not used by Smart Lifestyle to train a general-purpose model for its own purposes.
• The Service does not make solely automated decisions producing legal or similarly significant effects for a patient.

Material changes to the configured model service or its processing boundary must be controlled and documented. A Customer-specific provider or endpoint may be used only when it is approved for that Customer and reflected in the applicable privacy and data-processing documentation.

Optional health, wearable, speech, image and other connections are used only when enabled and configured. A connection may obtain data directly from a service chosen by the User or through a separate integration provider. The connection screen should identify the service and permissions before authorisation. Disconnecting stops future collection through that path; information already imported remains subject to the Customer’s record and retention duties.

Public or licensed recipe, product, food and reference information may be used to support a requested function. Generic external searches must not contain patient identifiers or the patient’s clinical record. Third-party information may be incomplete, delayed, incorrectly matched or unavailable and must be checked before clinical use.

A third party’s own service is governed by its terms. Smart Lifestyle remains responsible for its processors to the extent required by the agreement and applicable law. Current processor details belong in the Customer’s data processing agreement or subprocessor information, not in these Terms.

A User must not:

• access, search for or disclose a patient record without a legitimate work-related need;
• use the Service for autonomous diagnosis, treatment, emergency triage or another purpose outside its intended use;
• submit unlawful, misleading, discriminatory, infringing, malicious or unnecessary personal content;
• upload credentials, secrets or personal data that are not needed for the authorised purpose;
• circumvent security, organisation boundaries, usage limits, audit controls or access restrictions;
• probe or attempt to extract source code, model weights, hidden prompts, keys or another Customer’s data, except where mandatory law permits; or
• resell, sublicense or provide the Service to an unauthorised third party.

Customer Content means information, notes, images, recordings, prompts and other material submitted by or for the Customer. The Customer and relevant data subjects retain their rights in Customer Content. The Customer grants Smart Lifestyle a limited right to process it only as needed to provide, secure and support the Service, follow documented instructions and meet legal obligations.

The Customer is responsible for the lawfulness, accuracy, relevance and quality of Customer Content and for ensuring that the people who submit it have authority to do so. SmartEating software, interface, workflows, documentation, trade marks and original service content are owned by Smart Lifestyle or its licensors. Source content remains subject to its own licence and attribution terms.

Plans, usage limits, pilot conditions, subscription period, fees, invoicing, renewal and cancellation are stated in the applicable Customer agreement. Participation in a pilot does not guarantee continued or production access.

Smart Lifestyle may correct, secure, improve or change the Service. Reasonable notice will be given where a change materially reduces contracted functionality or materially changes patient-data processing, except where an urgent security or legal change requires faster action.

Unless a written service level states otherwise, the Service is provided on an as-available basis. Maintenance, security events, provider failures and capacity constraints may cause interruptions. The Customer must not make continuity of healthcare depend solely on SmartEating.

Access may be limited or suspended where reasonably necessary to protect patients, Users, the Service or third parties; respond to a security incident or legal requirement; prevent unlawful use; or address a material breach. On termination, Customer data is returned, exported, deleted, restricted or retained in accordance with the Customer agreement, data processing agreement, documented instructions and mandatory law.

Smart Lifestyle will provide the Service with reasonable care and in material accordance with the agreed description. It does not warrant that every output is correct, that third-party information is complete or that the Service will be uninterrupted. The professional review duty and intended-purpose limits are essential parts of the agreement.

Liability limits and exclusions are governed by the applicable Customer agreement. If no separate written limit applies, Smart Lifestyle’s aggregate liability arising from the Service in any twelve-month period is limited to the fees paid for the Service in that period, to the maximum extent permitted by law. This does not limit liability that cannot lawfully be limited or a data subject’s rights under data-protection law.

Norwegian law governs these Terms. Disputes that cannot be resolved through good-faith discussions are subject to the Norwegian courts, with Hedmarken og Østerdal tingrett as agreed venue unless mandatory law or a separate Customer agreement requires otherwise.