Terms of Service

These Terms are the agreement between you and FunctionAlps for your use of FunctionAlps — which means all of it: the app, the members dashboard, our website, and the emails we send you. They explain what FunctionAlps does, what it deliberately does not do, what we each promise, and what happens when something goes wrong. Please read section 4 (what FunctionAlps is and is not) and section 5 (emergencies) in particular — they matter most for your safety.

1. Who we are, and how to reach us

FunctionAlps is operated during its launch phase by Alessandra Ginsburg, an independent practitioner established at Chemin de Bonne-Eau 1, 3975 Crans-Montana, Valais, Switzerland, Swiss business identifier CHE-205.025.089. FunctionAlps Sàrl is in the course of formation; when it is registered, it will take over the operation of the service and these Terms, and we will tell you before that happens.

In these Terms, "FunctionAlps", "we", "us" and "our" mean that operator. "You" and "your" mean the person using the service.

And "the service" — or simply "FunctionAlps" — means every part of it together, because it is one service on several screens rather than several products: the FunctionAlps app on iOS, Android and the web; the members dashboard, where you can see the same data on a larger screen; the FunctionAlps website; the emails we send you; and the systems behind all of them. Where something below applies to only one of those, it says so.

General support: support@functionalps.ch. Privacy and data-protection requests: data@functionalps.ch. We aim to answer within five working days, and legal deadlines for data requests are set out in the Privacy Policy.

2. What these Terms are, and how you agree to them

You agree to these Terms when you tick to accept them, the first time you reach a part of FunctionAlps that asks. You cannot use the service without accepting them, because they are the basis on which we are allowed to provide it to you.

You are asked once, not once per screen. Because this is one service, accepting on whichever part of FunctionAlps you happen to arrive at first covers all of it — you will not be asked again when you open the app having accepted on the members dashboard, or the other way round. If we change a document materially, we ask again, and again only once.

These Terms work together with the Privacy Policy and the health-data processing consent. Together those documents are the whole agreement between us about FunctionAlps. If a provision of one conflicts with another, the Privacy Policy governs questions about personal data and these Terms govern everything else.

We keep a record of which version of each document you accepted, when, in which language, and of the exact wording you were shown, so that both of us can establish later what was agreed.

3. Who may use FunctionAlps

FunctionAlps is for adults. You may use it if you are 18 or older and legally capable of entering into this agreement. If you are under 18, you may not use any part of FunctionAlps — the app, the members dashboard, or the assessments and forms on our website — and we ask you not to give us any information about yourself.

We ask for your date of birth when you register, and we use it only to confirm you are old enough and to make our estimates accurate for your age. If the answer is that you are under 18, we record only that the check refused — never your date of birth.

FunctionAlps is intended for people in Switzerland and the European Economic Area. We do not represent that it is appropriate or available elsewhere, and you are responsible for complying with your own local law if you use it from another country.

The account is personal to you. You may not create an account for another person, use FunctionAlps on behalf of someone else, or enter another person’s health information.

4. What FunctionAlps is — and what it is not

FunctionAlps is a nutrition and lifestyle support tool. It lets you log meals, check-ins, symptoms and supplements and, if you choose, brings in readings from Apple Health or from a wearable account you link (Oura, WHOOP, Polar, Garmin, Withings, Suunto or Google Fitbit); it derives nutritional estimates and scores from what you log, and it shows you patterns and reports built from your own data — in the app, and on the members dashboard where the same data is shown on a larger screen.

Our website also offers a short self-assessment questionnaire. It works the same way in miniature: you answer questions about yourself, we analyse the answers automatically, and we send you a written summary by email. Everything in this section applies to it too — in particular, it is not a diagnosis.

FunctionAlps is not a medical service and does not practise medicine. It does not diagnose, treat, cure, prevent or monitor any disease, injury or disability. Nothing we show you — in the app, on the members dashboard, in a website assessment or in an email — is a medical opinion, a prescription, or a substitute for consulting a qualified health professional who has examined you.

• It is not a medical device, and it is not intended by us to be used for any medical purpose within the meaning of the Swiss Medical Devices Ordinance or EU Regulation 2017/745. Do not use it as one.
• It is not a diagnostic tool. A score, a flag or an observation is a description of what you told us, not a finding about your health.
• It is not a monitoring service. Nobody is watching your data in real time, and no alarm reaches anyone if your entries change or stop.
• It is not an emergency or crisis service. See section 5.
• It is not a pharmacy or supplement advisory service. Do not start, stop or change any medication or supplement on the basis of anything FunctionAlps shows you.
• Its nutritional figures are estimates derived from photographs and descriptions, not laboratory measurements, and they can be materially wrong.

5. Emergencies and urgent symptoms

If you have a medical emergency, call 144 in Switzerland, 112 in the EEA, or your local emergency number. Go to a hospital or contact a doctor.

Do not use FunctionAlps to report urgent symptoms, and do not use its messaging feature to seek urgent help. Messages are not monitored around the clock, there is no guaranteed response time, and nobody may read a message for several days. Symptom flags you record do not summon anyone.

This is the single most important limitation of the service, and it applies no matter what FunctionAlps appears to show you.

6. Your practitioner, and what FunctionAlps does not change

If you are working with a FunctionAlps practitioner, that professional relationship is separate from your use of the service and is governed by the arrangements you have with them, including their own professional and record-keeping obligations. FunctionAlps supports that relationship; it does not replace it, and using it does not by itself create one.

Guidance you see in FunctionAlps supplements, and never overrides, advice from your doctor or any other treating professional. Where FunctionAlps and a health professional who has examined you disagree, follow the professional.

7. Your account

You must give accurate information when you register and keep it up to date. Inaccurate profile data (age, sex, height, weight, activity) makes every number we derive from it inaccurate too.

Keep your password confidential and do not share your login. You are responsible for what happens under your account unless it results from our own failure. Tell us at support@functionalps.ch as soon as you suspect unauthorised access, and we will help you secure the account.

We may need to contact you about the service itself — security, changes to these Terms, or problems with your account. These are service messages and you cannot opt out of them while you hold an account; marketing email is separate, always optional, and unsubscribable in one tap. If you took a website assessment before holding an account, the emails that deliver and follow up on your result are part of that assessment, and every one of them carries an unsubscribe link.

8. What FunctionAlps does with what you log

When you log a meal, a check-in, a symptom, a supplement or a message — in the app or on the members dashboard, it makes no difference which — we store it, analyse it, and use it to produce your scores, patterns and reports. Answers you give in a website assessment are handled the same way, and so are readings from Apple Health or from a linked wearable account; the Privacy Policy, section 9a, describes them. The Privacy Policy describes this processing in detail, including who can see it and how long we keep it.

Some features send your data to service providers acting on our instructions — in particular our AI provider in Switzerland, and our database, hosting and email providers. These are listed in the Privacy Policy.

9. AI-generated content, and its limits

Core parts of FunctionAlps are produced by artificial intelligence: identifying foods from a photo or description, estimating portions and nutrients, scoring meals, detecting patterns, drafting your reports, and writing the summary you receive after a website assessment.

AI output is an estimate and can be confidently wrong. It may misidentify a food, misjudge a portion, miss something in a photograph, or describe a pattern that is not real. You should treat every figure as approximate and every observation as a prompt for your own judgement, not a conclusion.

Written interpretations in your periodic reports are reviewed by a qualified practitioner before they are released to you. Other AI output — including meal identification, nutrient estimates, scores, and website assessment summaries — is generated automatically and is not individually reviewed by a human before you see it. Automatically generated material is labelled where you see it.

FunctionAlps does not make decisions that produce legal effects for you or similarly significantly affect you within the meaning of Article 22 GDPR. It describes and suggests; it does not decide anything about you.

You remain responsible for what you do with what FunctionAlps produces, including any change to your diet, supplements, exercise or medication.

10. Voice input

Where FunctionAlps lets you describe something by speaking, the recording is sent to our AI provider in Switzerland to be converted to text, and the resulting text is then handled like anything else you log.

Please do not dictate information about other people, and be aware that a recording captures whatever is audible around you.

11. Acceptable use

You agree not to:

• use FunctionAlps for anyone other than yourself, or enter another person’s data;
• give deliberately false information, or impersonate anyone;
• use FunctionAlps to seek emergency or urgent care;
• copy, scrape, mine, resell or redistribute any part of FunctionAlps or its content;
• reverse-engineer, decompile or attempt to derive the source of any part of FunctionAlps, except to the extent this restriction is prohibited by law;
• probe, disrupt, overload or attempt to gain unauthorised access to FunctionAlps or the systems behind it;
• upload malicious code, or content that is unlawful, abusive, defamatory or infringes anyone’s rights;
• use FunctionAlps or its output to provide a service to third parties, or to train any machine-learning model;
• use FunctionAlps for any unlawful purpose, or in breach of any law that applies to you.

12. Your content, and the permission you give us

What you put into FunctionAlps — your logs, photographs, notes, recordings, messages and assessment answers — remains yours. We claim no ownership of it.

You grant us a limited, non-exclusive, worldwide, royalty-free licence to host, store, reproduce, adapt and process your content strictly as needed to operate FunctionAlps and provide the service to you, and to comply with the law. That licence exists only for those purposes, lasts only as long as we hold the content under the Privacy Policy, and ends when the content is deleted.

We do not sell your content, do not use it for advertising, and do not use it to train AI models. Any use of your data for research is separate, optional, based on anonymised data, and only ever happens if you have given that specific consent.

You confirm that you have the right to give us the content you upload and that it does not infringe anyone else’s rights.

13. Our intellectual property

FunctionAlps — its software, design, text, branding and the scoring and analysis methods behind it — belongs to us or our licensors and is protected by law. Accepting these Terms gives you a personal, non-transferable, non-exclusive and revocable right to use it for your own personal purposes, and nothing more.

Reports and other output generated for you are yours to keep, use and share for your own purposes, including with your own health professionals.

Our nutritional figures are derived from third-party food composition data, which we acknowledge with thanks: the United States Department of Agriculture’s Standard Reference collection; the CIQUAL food composition table published by ANSES (France); and Open Food Facts for branded and barcoded products, whose database is made available by its contributors under the Open Database Licence. Those sources retain their own rights in their data, and each is used under its own terms.

14. Fees

FunctionAlps is provided free of charge during its launch phase. If we introduce charges, we will tell you in advance, no charge will apply to you without your agreement, and you will be able to stop using it instead of paying.

Any separate professional services you receive from a practitioner are billed under your own arrangements with them and are not covered by these Terms.

15. Availability, changes and features still in development

We try to keep FunctionAlps available and working, but we do not promise uninterrupted or error-free service. Any part of it may be unavailable for maintenance, for technical failures, or because a provider we rely on is unavailable.

We may add, change, or withdraw features. If we withdraw something you materially rely on, or make a change that significantly disadvantages you, we will give you reasonable notice where we can, and you may stop using FunctionAlps and delete your account.

Some features are explicitly marked as in development or in preview. They may be incomplete or change substantially, and you should rely on them less, not more.

16. Suspension and termination

You may stop using FunctionAlps at any time and delete your account from Privacy & Data, in the app or on the members dashboard. You do not need a reason and you do not need our agreement.

We may suspend or end your access if you materially breach these Terms — in particular section 11 — if we are required to by law, or if we discontinue the service. Except where the breach is serious or we are legally obliged to act immediately, we will warn you first and give you a chance to put it right.

If we end your access, we will tell you why, unless the law prevents us, and you keep every data right described in the Privacy Policy, including the right to export your data.

17. What happens to your data when you leave

Deleting your account permanently erases your personal data from FunctionAlps, within the timescale set out in the Privacy Policy.

Two things survive deletion, and you should know this before you delete. First, records your practitioner is legally required to keep are retained by them for the retention period the law requires, separately from FunctionAlps. Second, we keep minimal records of your consents and of certain security and accounting events for as long as the law requires us to — this is what lets us prove we handled your data correctly.

Export your data first if you want a copy. After deletion, we cannot recover it.

18. Disclaimers

FunctionAlps is provided "as is" and "as available". To the fullest extent the law allows, we exclude implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We do not warrant that our estimates, scores, patterns or observations are accurate, complete or suitable for any purpose, or that using FunctionAlps will improve your health or produce any particular outcome.

Nothing in this section limits your mandatory rights as a consumer, or the liability we cannot exclude under section 19.

19. Limitation of liability

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for unlawful intent or gross negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be excluded or limited under Swiss law — including Article 100 of the Swiss Code of Obligations and any mandatory consumer protections that apply to you.

Subject to that, we are not liable for indirect or consequential loss, loss of profit, loss of data (beyond our obligation to keep it securely and restore it where we reasonably can), or loss arising because you relied on what FunctionAlps produced rather than on professional advice.

Subject again to the first paragraph, our total liability to you for all claims arising in any twelve-month period is limited to the greater of the amount you paid us for the service in that period, or CHF 500.

You accept that what FunctionAlps produces is an estimate and that acting on it without professional advice is your own decision. This allocation of risk is a fundamental basis of our agreement, and the service is provided free of charge in reliance on it.

20. Your responsibility to us

If a third party brings a claim against us because you used FunctionAlps in breach of these Terms — for example because you entered another person’s data without their permission, or uploaded content you had no right to — you agree to compensate us for the reasonable losses and costs that result, to the extent the claim is attributable to your breach. This does not apply to the extent the claim arises from our own act or omission, and we will tell you promptly about any such claim and let you take part in its handling.

21. Third-party services

FunctionAlps relies on third-party providers, and may link to third-party content. Where a provider processes your personal data on our instructions, we remain responsible to you for that processing and the Privacy Policy names them.

Where you choose to deal with a third party directly — signing in with Google, following a link — that relationship is governed by their terms, and we are not responsible for their services or content.

Linking a wearable account is such a choice: your account with the vendor stays governed by the vendor’s own terms, we receive only the readings you authorise there, and you can end the link at any time in the app or at the vendor.

22. Changes to these Terms

We may change these Terms — for example to reflect a new feature, a new provider, a new part of the service, or a change in the law.

For minor changes we will update the date at the top. For any change that materially affects your rights or obligations, we will tell you before it takes effect and ask you to accept the new version — once, on whichever part of FunctionAlps you next open. You are never bound by a materially changed version you have not accepted.

If you do not want to accept a new version, you may stop using FunctionAlps and delete your account. Your right to export your data first is unaffected.

23. Events outside our control

We are not in breach of these Terms, and not liable, for a failure caused by something genuinely beyond our reasonable control — including power or network failure, the failure of a provider we depend on, natural events, epidemic, war, or an act of a public authority. If such an event continues for a long period, either of us may end the agreement.

24. General

• You may not transfer your rights under these Terms to anyone else. We may transfer ours to a successor — in particular to FunctionAlps Sàrl once it is registered — provided your rights are not reduced; we will tell you if this happens.
• If any provision is found invalid or unenforceable, the rest continues in force, and the invalid provision is replaced by a valid one that comes as close as possible to its intended effect.
• If we do not enforce a right immediately, we do not lose it.
• These Terms, with the Privacy Policy and the health-data consent, are the entire agreement between us about FunctionAlps and replace any earlier version.
• These Terms are written in English. Any translation is provided for convenience, and the English version governs.

25. Governing law and jurisdiction

These Terms and any dispute arising from them or from your use of FunctionAlps are governed by Swiss law, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods.

The place of jurisdiction is Valais, Switzerland. If you are a consumer resident in the EEA, this choice does not deprive you of the protection of the mandatory law of your country of residence, and you may also bring proceedings in the courts of that country.

26. Complaints and disputes

Please tell us first: write to support@functionalps.ch describing the problem and what you would like us to do. Most things are resolved this way, and we will always try to.

If you are a consumer in the EEA, you may also use your national alternative dispute resolution or consumer mediation body. Complaints specifically about how we handle your personal data can go to the Swiss Federal Data Protection and Information Commissioner, or to your local data protection authority in the EEA — see the Privacy Policy.

27. Contact

General and support: support@functionalps.ch. Privacy, data requests and anything about this agreement: data@functionalps.ch. Post: FunctionAlps, Chemin de Bonne-Eau 1, 3975 Crans-Montana, Valais, Switzerland.