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LegalTerms of Service

Terms of Service

Version 5.0.0 · Effective 2026-10-18 · Operator Nativity Ltd

1. Agreement

These Terms of Service (Terms) form a binding agreement between you and Nativity Ltd (Optimal, we, us, or our), trading as Optimal, Optimal Being. By creating an account, accessing, or using the Services, you agree to these Terms and the documents incorporated in Section 2.

If you do not agree, do not use the Services.

We may update these Terms from time to time. Material changes will be communicated by reasonable means (for example in-product notice, email to the address on your account, or a notice on https://beingoptimal.org). Updated Terms take effect on the stated effective date. Continued use after that date constitutes acceptance where re-acceptance is not required by law. For material changes to data practices or medical characterizations, we may require re-acceptance before continued access to sensitive features.

Capitalized terms have the meanings in the Definitions unless defined differently here.

2. Documents Incorporated By Reference

These documents form part of your agreement with us, as they apply to your use:

Document Role
Privacy Policy How we collect, use, and share Personal Data
Cookie Policy Cookies, local storage, and similar technologies
Acceptable Use Policy Prohibited conduct
Medical Disclaimer Not medical advice; pregnancy safety; emergency redirect
Electronic Communications Consent Electronic delivery of notices
Subscription, Billing & Refund Policy Paid plans, renewal, cancellation, refunds
Community Guidelines Forum and user-generated content
Copyright & DMCA Policy Copyright notices and takedown
Advertising & Affiliate Disclosure Partner links and disclosures
Editorial & Content Standards How we source and present nutrition content

Transparency documents that do not all require separate acceptance include the Sub-processor List, Automated Decisions & AI Transparency, Data Subject Request Procedure, Security & Compliance Overview, Vulnerability Disclosure Policy, and Contact & Legal Notices.

2.1 Order Of Precedence

If documents conflict, the following order controls for the subject matter each document governs (highest first):

  1. A separately negotiated written enterprise order form (if any)
  2. Subscription, Billing & Refund Policy
  3. Medical Disclaimer
  4. Acceptable Use Policy
  5. Community Guidelines
  6. These Terms of Service
  7. Privacy Policy
  8. Cookie Policy
  9. Electronic Communications Consent

Mandatory consumer law always prevails where it cannot be waived. Nothing in this order limits non-waivable rights in EU/EEA, UK, Australia, Singapore, Hong Kong, and other regions with non-waivable consumer protections or elsewhere.

3. The Services

Optimal provides a pregnancy-nutrition technology platform. As made available from time to time, that includes:

  • a nutrition planner (meal logging, combos, templates, Day Scores, nutrient targets);
  • Tasks (scheduled reminders) and an optional Wishlist you may share as a link;
  • educational materials (Learning Center, Help, knowledge quizzes);
  • an in-product AI assistant that may process health-related context you provide or that is available in your environment;
  • optional community forum features;
  • an optional Personal API / MCP Integration, letting you connect a third-party tool of your choosing to read your own account data using a key or connection you control;
  • account, preference, sharing, and related product surfaces;
  • public marketing, help, and brand information pages.

The Services are offered primarily at beingoptimal.org and related subdomains.

The Services are consumer wellness and planning tools. They do not create a clinician–patient relationship. Day Scores, nutrient flags, diet optimizer suggestions, blood-marker comparisons, Knowledge Scores, and AI assistant output are informational only. They are not diagnosis, treatment, prescription, or medical advice. Always consult your own licensed healthcare provider or midwife for clinical decisions. In an emergency, call local emergency services immediately. Full detail: Medical Disclaimer.

Nutrient composition data may be derived from public or licensed sources, including the Nutrient Data Source disclosed in our editorial materials. Values may be incomplete, outdated, or imperfectly matched to your specific foods. See Editorial & Content Standards.

We may modify, suspend, or discontinue features, tiers, or the Services as a whole, except where notice is required by law or by the Billing Policy for paid plans. We do not guarantee uninterrupted or error-free operation. Features labeled beta, preview, or experimental may be unstable, change without notice, or be withdrawn.

4. Eligibility

You must be at least 18 years of age to create an account or use the Services as a registered user. Age is self-attested. By creating an account, you represent that you meet the minimum age.

You represent that you have legal capacity to enter this agreement. If you use the Services on behalf of another adult (for example a partner helping manage a planner), you represent that you are authorized to do so and that the data subject consents as required by law.

The Services are offered with primarily English-language product surfaces and infrastructure that is primarily based in the United States with global edge delivery (Primarily United States; global edge delivery). We may restrict access where offering the Services would be unlawful or impractical. Regional privacy annexes apply as described in the Privacy Policy.

The Services are not directed to children under 18.

5. Accounts

Accounts are created and authenticated through our Authentication Provider. You must provide accurate registration information and keep it up to date.

You are responsible for safeguarding your authentication methods and for activity under your account. Notify us promptly at [email protected] if you suspect unauthorized access.

Accounts are for individual consumers, except an organisation account as described below. Do not share accounts, sell access, or create accounts for automated bulk use without our written permission.

Organisation accounts. If you create or accept an account on behalf of an organisation, that organisation is the customer and is bound by these Terms, and you confirm that you are authorised to bind it to them. Only an administrator of the organisation can cancel the organisation's subscription. A person who was not authorised to bind the organisation is responsible to us for that.

On successful authentication, we may provision application records (profile, environments, preferences) in our Database Provider and related systems. An Environment is a planning workspace (for example a pregnancy profile context) holding meals, journal, and related data. Some product actions, including data export, are environment-scoped. See the Privacy Policy.

We may suspend or terminate accounts that violate these Terms, the Acceptable Use Policy, Community Guidelines, or applicable law; that present security risk; or that are inactive for extended periods, subject to any non-waivable consumer rights and paid-subscription rules.

You may stop using the Services and close your account through the account controls we provide, or by contacting [email protected] or [email protected]. Deletion of Personal Data is described in the Privacy Policy and Data Subject Request Procedure. When an account is deleted, a pseudonymised record of what it agreed to is kept until the end of the seventh calendar year after the year of agreement, as described in Section 13 of the Privacy Policy.

6. Privacy & Health Data

Your use of the Services is subject to our Privacy Policy. Please read it. In particular:

  • We process special-category health data you enter (for example LMP/EDD, date of birth, ethnicity where collected, weight, blood labs, symptoms, meal logs) to provide the Services you asked for, on your acceptance of these Terms and your voluntary provision of the data, and on explicit consent where you choose to contribute analytics about it (see the Privacy Policy).
  • Analytics signals about your health details (symptoms, blood results, stage of pregnancy), your weight, or your ancestry are collected only with separate, explicit consents that we ask for in the Privacy Center, apart from these Terms. You can withdraw each at any time in the Privacy Center. Accepting these Terms is not any of those consents. Withdrawing stops further collection. It does not remove figures already published in aggregate, which no longer identify anyone.
  • The AI assistant may send conversation content and health-related context to AI Model Providers and may persist conversations in our systems.
  • Processing locations are primarily in the United States, with international transfers as described in the Privacy Policy.
  • Some marketing phrases (for example browser-only Help search) are narrowly scoped and do not apply to the AI assistant or synced cloud data.

By creating an account and using health features, you consent to processing described in the Privacy Policy to the extent consent is the applicable legal basis.

7. Medical Disclaimer

The Medical Disclaimer is incorporated in full. Without limiting that document:

  • Outputs are informational, not clinical decisions.
  • Pregnancy-critical nutrients and foods require clinician guidance.
  • Seek emergency care for urgent symptoms.
  • We are not liable for reliance on informational scores or AI text as a substitute for professional care, to the maximum extent permitted by law and subject to Section 16 and mandatory consumer protections.

8. Acceptable Use

You must comply with the Acceptable Use Policy. Prohibited conduct includes unlawful use; attempts to compromise security outside authorized testing; scraping or reselling catalog or engine data; AI jailbreaks seeking harmful medical instructions; health-misinformation campaigns; harassment; and misuse of community features. We may investigate and enforce violations, including content removal, suspension, and referral to authorities.

9. Subscriptions & Billing

We may offer free and paid tiers. Feature availability depends on tier and product configuration.

When you buy a paid plan, subscription billing is handled by an external Billing Provider. Optimal does not store full payment card numbers. Payment method data is processed by the Billing Provider under its terms and privacy notice.

Pricing, taxes, auto-renewal, cancellation, cooling-off rights (including EU/UK consumer withdrawal where applicable), and refunds are governed by the Subscription, Billing & Refund Policy. The Billing Provider's terms apply only to how your payment is processed. Gift plans and their conditions, including redemption period, are set out in Section 12A of that Policy. Your billing region, which you choose once for your account, is explained in Section 4.7 of that Policy. On pure billing mechanics, the Billing Policy and provider terms control as set out in Section 2.1.

We may change fees with advance notice as required by law and the Billing Policy.

10. Your Content

User Content includes meals, journal entries, custom ingredients, templates, community posts and uploads, AI conversation inputs, profile information you provide, and other material you submit.

As between you and us, you retain ownership of your User Content, subject to the licenses you grant below and rights of third parties.

You grant Optimal a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, store, reproduce, process, adapt (for technical format), display, and otherwise use User Content solely to provide, secure, improve, and promote the Services, including:

  • syncing across devices and environments;
  • computing scores, targets, and suggestions;
  • operating the AI assistant (including transmission to AI Model Providers as described in the Privacy Policy);
  • moderating community content;
  • creating de-identified or aggregated statistics that do not reasonably identify you;
  • complying with law and enforcing these Terms.

This license ends when your User Content is deleted from our active systems, subject to residual copies in backups, logs, legal holds, and external provider retention as disclosed in the Privacy Policy.

If you post to the community forum, additional licenses and conduct rules in the Community Guidelines apply. Forum content may remain after account closure in anonymized form.

You represent that you have rights to submit User Content and that it does not violate law, third-party rights, or our policies. We may remove content without notice where we reasonably believe it violates policy or law.

If you send ideas or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without obligation to you.

11. Our Intellectual Property

The Services, software, design, documentation, trademarks, logos, nutrient engine logic, curated catalog structure, and non-user content are owned by Optimal or its licensors. Except for the limited right to use the Services under these Terms, no rights are granted.

You may not copy, reverse engineer (except to the extent non-waivable law permits), scrape at scale, resell, or create competing datasets from our catalog, engine outputs, or non-public APIs without written permission. See the Acceptable Use Policy.

“Optimal,” “Optimal Being,” product names, and related marks may not be used without permission, except for truthful factual references.

Public-domain or openly licensed nutrient source data remains subject to its original terms. Our compilation, presentation, scoring logic, and product UX remain our IP.

The Services rely on sub-processors listed by role in the Privacy Policy and by name in the Sub-processor List. Partner or affiliate outbound links may be tracked in a pseudonymous manner (see the Cookie Policy and Advertising Disclosure). We are not responsible for third-party sites’ content or practices.

Community features use a Community Platform Provider with single sign-on of identity fields only. Health timeline fields are not shared via SSO under current product configuration.

13. AI Assistant

The AI assistant generates probabilistic text. It can be wrong, incomplete, outdated, or unsafe if misused. It is not a substitute for clinical care. Safety pre-checks and red-flag redirects may apply but are not guaranteed to catch all risks.

Where the assistant proposes changes to meals or preferences, you remain responsible for reviewing and accepting or rejecting them.

Using the AI assistant means conversation content and relevant health context may be:

  1. sent to AI Model Providers for generation; and
  2. persisted in our database.

External model providers may retain copies under their data processing terms. Details: Privacy Policy and Automated Decisions.

You may not use the assistant to seek assistance for criminal harm, to evade clinical care in emergencies, to generate mass health misinformation, or to attempt jailbreaks that bypass safety controls. See the Acceptable Use Policy.

14. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
  • WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
  • WE DO NOT WARRANT THAT SCORES, TARGETS, CATALOG VALUES, OPTIMIZER OUTPUTS, BLOOD-MARKER COMPARISONS, OR AI RESPONSES ARE ACCURATE, COMPLETE, OR APPROPRIATE FOR YOUR CLINICAL SITUATION.
  • WE DO NOT WARRANT UNINTERRUPTED, SECURE, OR ERROR-FREE OPERATION.

Nothing in this Section excludes warranties or guarantees that cannot be excluded under the laws of EU/EEA, UK, Australia, Singapore, Hong Kong, and other regions with non-waivable consumer protections or other applicable mandatory law. Where implied warranties cannot be excluded, they are limited to the minimum duration and remedies required by law.

15. Indemnity

To the extent permitted by law, you will defend and indemnify Optimal and its officers, directors, employees, and agents against third-party claims, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your User Content; (b) your misuse of the Services; (c) your violation of these Terms or law; or (d) your infringement of third-party rights, except to the extent caused by our willful misconduct or as limited by mandatory consumer law.

16. Limitation Of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM; OR (B) ONE HUNDRED US DOLLARS (USD $100) (or local currency equivalent).

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS; LOST DATA; OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.

To the maximum extent permitted by law, we are not liable for health outcomes, pregnancy complications, or clinical decisions made in reliance on informational tools, subject always to mandatory law and fraud or willful misconduct exceptions.

Nothing in these Terms limits liability that cannot be limited under applicable law, including non-waivable rights of consumers in EU/EEA, UK, Australia, Singapore, Hong Kong, and other regions with non-waivable consumer protections, liability for death or personal injury caused by negligence where such limitation is void, fraud, or fraudulent misrepresentation. If you are a consumer in a jurisdiction that requires a different liability standard, that standard applies to the extent required.

These limitations are a fundamental basis of our offering free and low-cost digital tools and survive termination.

17. Governing Law & Disputes

These Terms are governed by the laws of England and Wales, without regard to conflict-of-law rules that would require another jurisdiction’s law, except that mandatory consumer protections of your country or state of residence continue to apply.

Subject to the next paragraph and mandatory law, exclusive venue for disputes is the courts of England and Wales, unless a different venue is required for consumers.

If you reside in EU/EEA, UK, Australia, Singapore, Hong Kong, and other regions with non-waivable consumer protections (or another region with non-waivable consumer protections), you may bring claims in your local courts and benefit from mandatory local protections regardless of the governing-law and venue clauses above. Nothing in these Terms requires you to waive those rights.

Disputes proceed in the courts specified above. We do not operate a consumer arbitration program.

Before filing a claim, please contact [email protected] or [email protected] and allow thirty (30) days for good-faith resolution where practical (not required for emergency injunctive relief or where delay would cause irreparable harm).

18. Other Terms

You may not use the Services if you are prohibited under applicable export control or sanctions laws. You represent that you are not on a denied-party list that would prohibit use of the Services. We may refuse, cancel or end any purchase, gift, redemption or access where those laws require it and, where the law allows, we will refund what you paid.

By creating an account, you consent to electronic communications as described in Electronic Communications Consent, including transactional emails via our Email Delivery Provider and optional push notifications.

If the Services are accessed via a third-party app store, that store’s terms may apply between you and the store. Optimal, not the store, is responsible for the Services to the extent required by store rules, subject to these Terms.

These Terms and the incorporated documents are the entire agreement between you and us regarding the Services and supersede prior conflicting understandings on the same subject (except signed enterprise agreements, if any).

If any provision is unenforceable, the remainder stays in effect; the unenforceable provision will be modified to the minimum extent necessary. Failure to enforce a provision is not a waiver.

You may not assign, transfer, or novate these Terms without our consent. We may freely license, assign, transfer, or novate these Terms, this agreement, and the accounts and user relationships governed by it, in whole or in part, to any affiliate, successor, or acquirer of our business, our technology, or the intellectual property used to operate the Services — including in connection with a restructuring, licensing arrangement, merger, acquisition, or sale of assets — without requiring your consent. We will give notice of such a transfer only where required by applicable law; notice is not a condition of the transfer's effectiveness. Nothing in this paragraph waives a non-waivable right to notice or objection under the law of EU/EEA, UK, Australia, Singapore, Hong Kong, and other regions with non-waivable consumer protections or another jurisdiction that applies to you.

We are not liable for delays or failures due to events beyond reasonable control.

Except as expressly stated, these Terms create no third-party beneficiary rights.

The Services and these Terms are provided in English. Translations, if any, are for convenience. The English version controls unless mandatory local law requires otherwise.

Legal notices to us: [email protected], and postal notice to 167-169 Great Portland Street, 5th Floor, London, England, W1W 5PF. Notices to you may be sent to your account email or provided in-product. See Contact & Legal Notices.

Nothing creates a partnership, joint venture, employment, or clinical relationship.

Sections that by nature should survive (including IP, disclaimers, liability limits, indemnity, dispute terms, and licenses as needed for residual copies) survive termination.

19. Contact

Topic Contact
General support [email protected]
Legal [email protected]
Privacy / data rights [email protected]
Security [email protected]
Website https://beingoptimal.org

Seller Information

This service is offered and sold by Nativity Ltd, trading as Optimal, Optimal Being.

  • Registered in England and Wales, United Kingdom. Company number: 17457413
  • Registered office: 167-169 Great Portland Street, 5th Floor, London, England, W1W 5PF
  • Support: [email protected]