By joining the Waitlist (defined further below), accessing our website available at nutrisyncllc.com ("Site"), using the NutriSync™ mobile application ("App"), and/or using related services as may be made available (collectively, the "Services"), you agree to be bound by these Terms of Service, together with any other applicable agreements or other documents as may be expressly incorporated by reference (collectively, "Terms"). Our handling of any personal information collected or provided through use of our Services is governed by our Privacy Policy which is incorporated into these Terms by reference. If you do not agree to these Terms, do not use the Services.
These Terms constitute a legally binding agreement between you and NutriSync™ LLC ("NutriSync™," "we," "us," or "our"). We reserve the right to modify these Terms at any time. Your continued use of the Services following any changes indicates your acceptance of the new Terms.
PLEASE READ THE TERMS CAREFULLY BEFORE YOU START TO USE OUR SERVICES. BY USING OUR SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS. IF YOU DO NOT WANT TO AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE OUR SERVICES.
These Terms include a class action waiver, which means that you agree to proceed with any dispute individually and not as part of a class action, and a jury waiver.
The Services are offered and available to users who are 18 years of age or older and reside in the United States. By using our Services, you represent and warrant that you are at least 18 years old and authorized to form a binding contract with NutriSync and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use our Services.
Our Services are controlled and operated from the United States and are subject to United States law.
We reserve the right to withdraw or amend our Services, and any Services or material we provide on our Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Services are unavailable at any time or for any period. From time to time, we may revoke access to some parts of our Services or our Site.
DO NOT USE THE SERVICES FOR EMERGENCY OR URGENT MEDICAL MATTERS. FOR ALL URGENT OR EMERGENCY MATTERS THAT YOU BELIEVE MAY IMMEDIATELY AFFECT YOUR HEALTH, YOU MUST IMMEDIATELY CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM OR URGENT CARE FACILITY.
By joining the waitlist ("Waitlist") for a pre-launch beta program ("Beta Program"), you acknowledge and agree that:
If selected for participation in a Beta Program, you acknowledge and agree that participation in a Beta Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and NutriSync. You further agree that:
NutriSync™ provides an AI-powered nutrition and meal timing optimization platform that includes:
Important: The Services are designed to provide nutritional information and meal timing recommendations. The Services are not intended to replace professional medical advice, diagnosis, or treatment. You should not rely on the Services or other information therein in deciding on a treatment plan, drug usage, medical procedure, or any other medical advice, and we strongly urge that you consult with a licensed provider in connection with all treatment options that may be available to you. You expressly acknowledge and agree that NutriSync is not responsible for the results of any decisions made based on your use of the Services.
To the extent required for use, you may be required to first set up an account by registering through the Services (an "Account"). Upon acceptance of these Terms, completion of the registration process, and subject to the terms and conditions of these Terms, NutriSync hereby grants you a limited, revocable, personal, non-exclusive, non-transferable right during the term of these Terms to access and use the Services for your personal use.
To the extent that you provide any information, including but not limited to personal information, to NutriSync or its representatives, you warrant that (1) you are providing or obtaining only your own information or the information of others which you are authorized to provide to third parties and/or obtain from third parties on their behalf; and (2) the use of such information by NutriSync and its representatives will not infringe upon or misappropriate the intellectual property rights or otherwise violate the rights of any third parties.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TO THE EXTENT YOU SUBMIT, PROCESS OR TRANSMIT ANY PERSONAL INFORMATION AS DEFINED BY APPLICABLE LAW IN OR THROUGH THE SERVICES, YOU HAVE OBTAINED ALL NECESSARY PERMISSIONS, CONSENTS, LICENSES, AND AUTHORIZATIONS NECESSARY TO TRANSMIT, UPLOAD, AND/OR USE THE PERSONAL INFORMATION IN CONNECTION WITH THE SERVICES PROVIDED HEREUNDER OR OTHERWISE IN CONNECTION WITH THESE TERMS. OUR HANDLING OF ANY PERSONAL INFORMATION COLLECTED OR PROVIDED THROUGH USE OF OUR SERVICES IS GOVERNED BY OUR PRIVACY POLICY.
You understand and agree that NutriSync or our representatives will store or otherwise process personal information provided by you and that NutriSync and the Services will be acting as a conduit for any such information received under these Terms. You acknowledge and agree that the Internet is inherently insecure and that any personal information transmitted in connection with the Services or these Terms may be subject to interception by an unauthorized third party.
We reserve the right to suspend or terminate your account at any time for any reason, including but not limited to violation of these Terms, fraudulent activity, or abuse of the Services. Upon termination, you shall immediately cease all use of the Services.
You agree not to use the Services to:
IMPORTANT: The Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or nutrition plan.
You acknowledge that:
Special Populations: If you are pregnant, nursing, have diabetes, cardiovascular disease, eating disorders, or any other medical condition, you must consult your healthcare provider before using the Services.
THE SERVICES ARE NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. THE SERVICES ARE NOT INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON OR RECEIVED FROM THE SERVICES.
All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software (collectively, "Content") are the exclusive property of NutriSync™ or its licensors and are protected by copyright, trademark, and other intellectual property laws and are available to you only solely for your use of the Services in accordance with these Terms. All rights, title and interests in and to the Content and all copyrights, trade secret rights, patents, trademarks and any other intellectual property or proprietary rights in and to the Content shall at all times remain the exclusive property of NutriSync and/or its licensors. Except for the limited rights granted herein, nothing in these Terms shall transfer to you any right, title, or interest in or to any Content.
By submitting any information or content to the Services, including any suggestions, enhancement notations, comments, or ideas and other feedback to NutriSync with respect to our Services (e.g., meal photos and feedback) (collectively "Feedback"), you grant NutriSync™ a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, adapt, publish, and display such Feedback. Unless otherwise noted herein or prohibited by applicable law, you agree that such Feedback shall be deemed, and shall remain, NutriSync's property. You hereby irrevocably assign such Feedback to us.
Feedback shall not be subject to any obligation of confidentiality on NutriSync's part and NutriSync shall not be liable for any use or disclosure of any Feedback. NutriSync shall own all rights and interests related to Feedback (including without limitation all intellectual property rights therein) and shall be entitled to use any Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you.
By using our Services, you grant, and you represent and warrant that you have the right to grant, to NutriSync an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to retain and continue to use, within any artificial intelligence functionalities or third-party artificial intelligence processing vendors as may be applicable, any information that, in accordance with these Terms, has been: (i) irreversibly incorporated into training data; or (ii) used to generate derived models such that the information submitted cannot be extracted, reverse-engineered, or otherwise reasonably reconstructed from the derived models or any related outputs.
To access our Services, you may be required to provide certain payment information directly to NutriSync or a payment processor on our behalf. If such information is required, you agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
Subscription fees are non-refundable except where required by law. You may cancel your subscription at any time, and cancellation will take effect at the end of the current billing period.
We may offer free trials. At the end of the free trial, your subscription will automatically convert to a paid subscription unless you cancel before the trial ends.
Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the collection and use of your information as described in our Privacy Policy.
Certain Services may generate or analyze content through the use of artificial intelligence enabled or enhanced technologies, including without limitation, self-improving language and content models, machine learning software and algorithms, training improvement models, image recognition and categorization, and/or other functionalities as applicable. Results, analyses, or summaries generated by such Services may be derived from the reports, images, records, content, and other material that has been furnished by you.
Artificial intelligence enabled or enhanced mechanisms remain subject to ongoing evolution and refinement. NutriSync remains committed to constantly improving our Services to increase accuracy, reliability, and safety. Artificial intelligence technologies and functionalities remain dynamic in nature; as such, use of Services that include such technologies may provide results or analyses to you that do not accurately reflect details concerning applicable people, places, or facts. Your reliance upon any information obtained or used by you from our Services is solely at your own risk. NutriSync is not responsible for the accuracy of any information or content provided to or sent by you. You are responsible for verifying the accuracy of any information, data, or records that you send or receive through our Services.
When you use artificial intelligence enabled or enhanced Services, you acknowledge and agree that:
NUTRISYNC EXPRESSLY DISCLAIMS ALL LIABILITY IN RESPECT OF ACTIONS TAKEN OR NOT TAKEN BASED ON ANY ARTIFICIAL INTELLIGENCE ENABLED OR ENHANCED SERVICES OR THE CONTENTS OF THE RESULTS, OUTPUTS, OR ANALYSES PREPARED IN CONNECTION THEREWITH. NUTRISYNC IS NOT ENGAGED IN A COMPREHENSIVE INDEPENDENT REVIEW OF THE SUBSTANCE OR ADEQUACY OF ANY RESULTS, OUTPUTS, OR ANALYSES THAT MAY BE GENERATED OR DERIVED IN CONNECTION WITH ARTIFICIAL INTELLIGENCE ENHANCED OR ENABLED SERVICES.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND. NUTRISYNC™ MAKES NO WARRANTIES OR REPRESENTATIONS INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE OR RELATING TO THE AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SERVICES OR CONTENT.
NutriSync assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and/or use of the Services or Content, (c) any unauthorized access to or use of NutriSync's or its suppliers' servers and/or any and all personal information and/or financial information stored therein, (d) any transmission to or from the Services, and/or (e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Services through the actions of any third party.
NutriSync does not recommend or endorse any specific food, product, entity, or other information that may be mentioned on the Services. Your reliance upon any information obtained or used by you is solely at your own risk. NutriSync is not responsible for the accuracy of any information or content provided or sent by you or other users of the Services. You are responsible for verifying the accuracy of any information you send or receive through the Services.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS.
Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NUTRISYNC™, ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, OR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NUTRISYNC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF ANY EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN THESE TERMS IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION, AND NUTRISYNC, OR ONE OF ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BECOMES LIABLE FOR LOSS OR DAMAGE THAT COULD OTHERWISE BE LIMITED, SUCH LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE WILL IN NO EVENT EXCEED IN THE AGGREGATE THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU TO NUTRISYNC™ IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY OR ONE HUNDRED DOLLARS ($100.00 USD).
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY PORTION OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
IF YOU ARE A RESIDENT OF NEW JERSEY, TO THE EXTENT NEW JERSEY LAW PROHIBITS THE LIMITATIONS AND/OR EXCLUSIONS OF LIABILITY SET FORTH IN THESE TERMS, SUCH LIMITATIONS AND/OR EXCLUSIONS SHALL NOT APPLY TO YOU.
Any claim or cause of action arising out of or related to your use of the Services, these Terms, or your use of Content made available through or on the Services must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
You agree to indemnify, defend, and hold NutriSync™, its officers, directors, employees, agents, service providers, and affiliates harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including attorney's fees) arising from or relating to:
You covenant not to sue NutriSync for any injuries to you or your property arising out of or related to your use of the Services.
The Services may contain links to third-party websites or services that are not owned or controlled by NutriSync™ (collectively, "Linked Sites"). We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party services. You acknowledge and agree that NutriSync™ shall not be liable for any damage or loss caused by your use of any third-party services.
When you leave our Services or our Site, you do so at your own risk. All Linked Sites are provided only because they may be of interest to you or offer a service for your convenience. The fact that we offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that Linked Site or its content, products, or services.
You acknowledge and agree that NutriSync has no responsibility for the accuracy or reliability of information provided by Linked Sites. You should refer to the separate terms of use, privacy policies, and other rules posted on a Linked Site before you use them. We reserve the right to terminate such links at any time.
We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Tennessee, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the federal courts located in Davidson County in the State of Tennessee. You hereby consent to the personal jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue that such courts are an inconvenient forum. Punitive and consequential damages may not be awarded under these Terms. You and NutriSync both consent for service of process in any such action by registered mail or any other means provided by law.
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES AND ANY AND ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING RELATING TO THESE TERMS, THE SERVICES, OR ANY OF THE SUBJECT MATTER CONTEMPLATED HEREIN.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
NutriSync may assign its rights and duties under these Terms without notice to you. You may not assign these Terms without the prior written consent of NutriSync, and any assignment in contravention of the foregoing shall be null and void. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and NutriSync's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Any rights not expressly granted herein are reserved to NutriSync.
These Terms, together with our Privacy Policy and any other legal notices published by us on the Services, constitute the entire agreement between you and NutriSync™ concerning the use of the Services.
If you have any questions about these Terms, please contact us at:
NutriSync™ LLC
Email: admin@nutrisyncllc.com
Website: www.nutrisyncllc.com
If you access the Services through an iOS device: