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Welcome to NourishedRx’s Terms and Conditions. These Terms and Conditions (these “Terms”) constitute a binding agreement between you (“you,” “your,” or “yours”) and Project Well, Inc., DBA NourishedRx (“NourishedRx”) governing the use of the nutrition program services (the “Services”) and related software offered by NourishedRx through its website, mobile application, artificial intelligence-enabled chatbot, messaging tools, and any other channel or interface that NourishedRx makes available to its participants (collectively, the “Application” or “Platform”).
The Platform may include an artificial intelligence-enabled chatbot or similar automated tool (the “AI Chatbot”) that allows you to interact with automated technology to receive general information, navigation support, reminders, educational content, program-related assistance, and other features made available by NourishedRx from time to time. References in these Terms to the Application, Platform, or Services include the AI Chatbot and your interactions with it, unless the context requires otherwise.
By accessing or using the Application provided by NourishedRx that links to these Terms, interacting with the AI Chatbot, or receiving the Services after notice of these Terms has been provided, you agree to be bound by the terms and conditions in these Terms. If you do not agree to these Terms, you may not access or use the Services, Application, Platform, or AI Chatbot.
If you are using the Application or the Services on behalf of any person, you represent and warrant that you are legally authorized to accept these Terms on such person’s behalf and that you agree to be responsible if you or such person violates these Terms.
NourishedRx may change, add, and/or delete any portion of these Terms at any time through posting updated Terms to the Application, and such updates shall become effective upon posting on the Application. Your use of the Services or Application after such posting will constitute your acceptance of and agreement to such changes. Therefore, you should frequently review these Terms to see if they have been changed.
YOU ACKNOWLEDGE AND AGREE THAT BY CLICKING THE “NEXT” BUTTON, ACCESSING OR USING THE APPLICATION, RECEIVING THE SERVICES, INTERACTING WITH THE AI CHATBOT, OR INTERACTING WITH NOURISHEDRX PERSONNEL VIA PHONE, EMAIL, OR TEXT, YOU HEREBY AGREE THAT (A) YOU HAVE READ AND UNDERSTAND THE TERMS, (B) YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS, INCLUDING WITHOUT LIMITATION, DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, ARBITRATION, AND CHOICE OF CONNECTICUT LAW, AND (C) YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE OR, IF YOU ARE LESS THAN EIGHTEEN (18) YEARS OLD, THAT YOUR PARENT(S), GUARDIAN OR LEGAL REPRESENTATIVE HAS CONSENTED TO THESE TERMS. NOURISHEDRX MAY AT ALL TIMES REQUEST WRITTEN PROOF OF SUCH CONSENT.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY. DO NOT USE THE AI CHATBOT, APPLICATION, PLATFORM, OR SERVICES FOR MEDICAL EMERGENCIES OR URGENT MEDICAL NEEDS.
Last updated and effective as of May 31, 2026.
Subject to your compliance with these Terms, NourishedRx hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, and non-assignable right to use the Application. Except for the limited right expressly granted to you, all other rights in the Services and Application are reserved by NourishedRx and its licensors, and NourishedRx is the sole and exclusive owner of the Services and Application.
You shall not: (1) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any third party the Application in any way; (2) modify or make derivative works based upon the Application; (3) reverse engineer or access the Application in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application, or (c) copy any ideas, features, functions or graphics of the Application; or (4) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application.
You may use the Application and Services only for lawful purposes and shall not: (1) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (2) send, submit, upload, or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third party privacy rights; (3) send, submit, upload, or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (4) interfere with or disrupt the integrity or performance of the Application or the data contained therein; (5) attempt to gain unauthorized access to the Application or its related systems or networks; (6) use the AI Chatbot to generate, request, upload, or transmit content that is unlawful, harmful, fraudulent, deceptive, abusive, harassing, discriminatory, defamatory, obscene, or otherwise inappropriate; (7) attempt to manipulate, bypass, disable, or circumvent safety features, content filters, access controls, rate limits, or other operational safeguards of the AI Chatbot or Platform; (8) use prompts or other inputs to extract confidential information, personal information of others, system instructions, security information, proprietary information, or non-public information from the AI Chatbot or Platform; (9) misrepresent AI Chatbot responses as medical advice, professional clinical judgment, or communications from a licensed healthcare provider; or (10) use AI Chatbot outputs to make medical, clinical, nutritional, benefits, eligibility, or other decisions for yourself or others without appropriate review by qualified professionals where applicable.
You acknowledge that NourishedRx has no obligation to monitor your access to or use of the Application but has the right to do so for the purpose of operating the Application, providing and improving the Services, supporting the AI Chatbot, ensuring your compliance with these Terms, protecting the safety, security, and integrity of the Platform, or complying with applicable law or the order or requirement of a court, administrative agency or other governmental body. NourishedRx reserves the right, at any time and without prior notice, to remove or disable access to any content, prompt, input, output, account, or feature that NourishedRx, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Application, Platform, Services, NourishedRx, or any other person.
2. Intellectual Property Ownership; Confidentiality.
NourishedRx alone shall own all rights, title, and interests, including all related intellectual property rights, in and to the Application and the Services, including without limitation the AI Chatbot, software, models, workflows, prompts, interfaces, text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, videos, typefaces and other content, and any suggestions, ideas, enhancement requests, feedback, recommendations, shopping lists and preferences, or other feedback provided by you relating to the Application, the AI Chatbot, or the Services (“Feedback”). You hereby assign all rights, title, and interests in and to such Feedback to NourishedRx.
Except to the extent prohibited by applicable law or the Privacy Policy, you hereby give NourishedRx a royalty-free, worldwide, sublicensable, transferable license to copy, use, host, store, reproduce, process, transmit, display, modify, create derivative works from, and otherwise use any content, prompts, questions, information, or other materials you upload, submit, input, transmit, or otherwise provide through the Service, Application, Platform, or AI Chatbot, solely in connection with operating, providing, maintaining, securing, supporting, analyzing, and improving the Services, Application, Platform, and AI Chatbot, provided that NourishedRx follows the terms of the Privacy Policy.
You shall keep the content and features of the Application strictly confidential, maintain adequate security to safeguard the Application, and promptly inform NourishedRx if you become aware of any unauthorized use or disclosure of the Application. These Terms do not convey to you any rights of ownership in or related to the Application, Platform, AI Chatbot, or Services, or any intellectual property rights owned by NourishedRx. Names, logos, and product names associated with the Services and Application are trademarks or service marks of NourishedRx or third parties, and no right or license is granted to you to use them.
You agree that a breach of this Section would cause irreparable harm and damage to NourishedRx, and a remedy at law may not be adequate to compensate NourishedRx for such harm and damage. Therefore, NourishedRx shall have the right to injunctive relief without the posting of a bond. The foregoing shall be in addition to and shall not limit any other rights or remedies to which NourishedRx may be entitled, at law or in equity.
3. Collection and Use of Your Information; Consent.
NourishedRx may treat any information it collects or receives from you through the Application, the AI Chatbot, or the Services in accordance with its Privacy Policy (the “Privacy Policy”). Please review the Privacy Policy before you use the Application, AI Chatbot, or Services. By downloading, installing, using, interacting with, and providing information to or through the Application, AI Chatbot, or Services, you consent to all actions taken by NourishedRx with respect to your information in compliance with the Privacy Policy.
Information you provide to the AI Chatbot may include personal information, health-related information, eligibility information, preferences, questions, prompts, messages, responses, metadata, and other information associated with your use of the Platform. NourishedRx may use such information as described in the Privacy Policy, including to operate, provide, maintain, secure, support, personalize, analyze, and improve the Services, Application, Platform, and AI Chatbot; to communicate with you; to coordinate Services; to address safety, quality, and compliance matters; and to comply with applicable law.
You should not submit information through the AI Chatbot that you are not authorized to provide. If you provide information about another person, you represent and warrant that you have the legal authority and any required consent to provide such information and to permit NourishedRx to use it in accordance with these Terms and the Privacy Policy.
If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use the Application, AI Chatbot, or Services.
4. Account, Password, and Security.
You are the sole authorized user of your account, and you shall not allow another person to use your login credentials to access the Application. You are responsible for maintaining the confidentiality of any password provided by you or NourishedRx for accessing the Application. You are solely and fully responsible for all activities that occur under your account, including interactions with the AI Chatbot. NourishedRx expressly disclaims any liability from misuse of your account.
Should you suspect that any unauthorized party may be using your password or account or you suspect any breach of security, you shall contact NourishedRx immediately. You are solely responsible for, and NourishedRx hereby disclaims any and all liability with respect to, all data, content, prompts, questions, instructions, and other information that you input into the Application or AI Chatbot or provide in connection with the Services, and the results obtained therefrom and the accuracy and quality of the same.
NourishedRx hereby notifies you that any or all communications with the Application, the AI Chatbot, or in connection with the Services may be monitored, captured, recorded, reviewed, retained, and transmitted to authorities as deemed necessary by NourishedRx in its sole discretion and without further notice, subject to applicable law and the Privacy Policy.
5. Not Medical Advice; Food Deliveries Disclaimer.
You acknowledge and agree that NourishedRx is not providing medical advice. Any content, data, message, response, recommendation, suggestion, educational information, reminder, or other output accessed through the Services, Platform, Application, or AI Chatbot is for informational and program-support purposes only and is not a substitute for the professional judgment of health care providers in diagnosing, treating, or managing patients. Such information must not be taken to be the practice of medicine, nursing, dietetics, nutrition therapy, pharmacy, or any other licensed healthcare profession.
The AI Chatbot is an automated tool and may generate responses based on information available to it, information you provide, and automated processing. AI Chatbot responses may be incomplete, inaccurate, outdated, unavailable, delayed, or not tailored to your individual circumstances. The AI Chatbot does not replace human review, clinical judgment, or advice from a physician, registered dietitian, nutritionist, pharmacist, nurse, or other qualified healthcare provider. NourishedRx does not guarantee that the AI Chatbot will identify all relevant information, ask all necessary questions, provide complete or accurate responses, or detect emergencies, adverse events, allergies, contraindications, medication interactions, or other health or safety issues.
NourishedRx is not responsible for the accuracy, timeliness, or completeness of your personal information, any information you provide to the AI Chatbot, any AI Chatbot output, or for any reliance by you or any medical professional on your personal information or any other information within the Application or otherwise provided through the Services.
THE SERVICES, APPLICATION, PLATFORM, AND AI CHATBOT ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR BEFORE ADOPTING ANY DIETARY ADVICE OR PARTAKING IN ANY DIETARY OPTIONS, WHETHER OFFERED THROUGH NOURISHEDRX, ITS FOOD VENDORS, THE AI CHATBOT, OR OTHERWISE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THE SERVICES, APPLICATION, PLATFORM, OR AI CHATBOT.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, BELIEVE YOU MAY HAVE AN EMERGENCY MEDICAL CONDITION, OR NEED URGENT MEDICAL ATTENTION, CALL 911 OR SEEK EMERGENCY MEDICAL CARE IMMEDIATELY. THE AI CHATBOT IS NOT DESIGNED, INTENDED, OR APPROPRIATE FOR EMERGENCIES OR URGENT MEDICAL SITUATIONS.
You are solely responsible for inspecting all food you receive from a NourishedRx food vendor for any damage or other issues upon delivery, and for reporting such issues back to NourishedRx in a timely fashion. NourishedRx will not guarantee 100% food replacements and will evaluate each situation on a case by case basis. You are solely responsible for reviewing and complying with any terms, instructions, or other information provided by the food vendor with respect to the food.
You are solely responsible for providing NourishedRx with notice about any food allergies you may have and informing us of such allergies in advance. You should not rely on the AI Chatbot to identify, evaluate, or manage food allergies, intolerances, contraindications, medication interactions, dietary restrictions, religious restrictions, or other individualized dietary needs. NourishedRx is not responsible for any allergic or other reactions to food provided by NourishedRx’s food vendors, and you are solely responsible for checking the ingredient labels of the food provided. NourishedRx, at its sole discretion, may consider accommodating certain religious and allergy requests, but we cannot guarantee accommodation always.
By participating in our Platform, Services, or Application, you will be receiving delivery information from NourishedRx about your food deliveries from our vendors, and it is your responsibility to ensure NourishedRx has the right contact information to send you such delivery-related messages, and it is also your responsibility to read and keep track of such messages. You have the right to revoke your consent to share your information with third parties, but you also agree that you understand that it may affect the fulfillment of our Services.
6. Limitation of Liability.
YOU AGREE NOT TO HOLD NOURISHEDRX, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE AGENTS, EMPLOYEES, INDEPENDENT CONTRACTORS, ATTORNEYS, OFFICERS, DIRECTORS, PARTNERS, FOOD VENDORS, AI TECHNOLOGY PROVIDERS, SERVICE PROVIDERS, OR INVESTORS (COLLECTIVELY, “NOURISHEDRX PARTIES”) LIABLE, AND YOU RELEASE NOURISHEDRX FROM ALL LIABILITY RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, SOFTWARE, APPLICATION, PLATFORM, OR AI CHATBOT, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT, OR OMISSION OF ANY USER, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, MESSAGE, RESPONSE, OUTPUT, OR SERVICE PROVIDED BY NOURISHEDRX PARTIES, AND ANY LOSS OR DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL NOURISHEDRX PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, APPLICATION, PLATFORM, OR AI CHATBOT, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME, INCLUDING WITHOUT LIMITATION, ANY DAMAGES WHATSOEVER RESULTING FROM OR RELATED TO: (I) ERRORS, MISTAKES, OMISSIONS, OR INACCURACIES IN THE PLATFORM, AI CHATBOT, OR SERVICES; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE PLATFORM, AI CHATBOT, OR SERVICES; (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM, AI CHATBOT, OR SERVICES; (IV) ANY CONTENT, PROMPT, OUTPUT, TRANSMISSION, MESSAGE, OR RESPONSE, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, GENERATED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM, AI CHATBOT, THE SERVICES, OR OTHERWISE THROUGH THE INTERNET; (V) ANY RELIANCE ON INFORMATION, RESPONSES, SUGGESTIONS, REMINDERS, OR OTHER OUTPUTS GENERATED BY OR THROUGH THE AI CHATBOT; OR (VI) ANY FAILURE OF THE AI CHATBOT TO PROVIDE COMPLETE, ACCURATE, TIMELY, AVAILABLE, OR APPROPRIATE INFORMATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF ANY EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN THESE TERMS ARE HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION, AND A NOURISHEDRX PARTY BECOMES LIABLE FOR LOSS OR DAMAGE THAT SHOULD OTHERWISE BE LIMITED, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100.00 USD). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THESE TERMS, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
7. Disclaimer of Warranties.
USE OF THE SERVICES, APPLICATION, PLATFORM, AND AI CHATBOT IS ENTIRELY AT YOUR OWN RISK. THE SERVICES, APPLICATION, PLATFORM, AND AI CHATBOT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NOURISHEDRX EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, STATUTORY, IMPLIED, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, NOURISHEDRX MAKES NO WARRANTIES WITH REGARD TO: (1) THE UNINTERRUPTED AVAILABILITY OR RELIABILITY OF THE SERVICES, APPLICATION, PLATFORM, OR AI CHATBOT; (2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, APPLICATION, PLATFORM, OR AI CHATBOT; (3) THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, APPROPRIATENESS, OR SAFETY OF ANY CONTENT, PROMPT, OUTPUT, MESSAGE, RESPONSE, OR OTHER INFORMATION AVAILABLE THROUGH THE SERVICES, APPLICATION, PLATFORM, OR AI CHATBOT; (4) THAT THE SERVICES, APPLICATION, PLATFORM, OR AI CHATBOT ARE FREE FROM ERRORS, VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS; OR (5) THAT ANY AI CHATBOT OUTPUT WILL BE ERROR-FREE, COMPLETE, CURRENT, PERSONALIZED, CLINICALLY APPROPRIATE, OR SUITABLE FOR YOUR PARTICULAR NEEDS.
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION, PLATFORM, SERVICES, AND AI CHATBOT IS AT YOUR SOLE RISK AND YOU RECOGNIZE THAT NOURISHEDRX DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION OR SERVICES, THAT ERRORS WILL BE CORRECTED, OR THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED BY, THE APPLICATION, AI CHATBOT, OR SERVICES WILL MEET YOUR REQUIREMENTS. YOU HEREBY ACKNOWLEDGE THAT NOURISHEDRX IS NOT PROVIDING, AND DOES NOT PURPORT TO PROVIDE, ANY MEDICAL ADVICE WHATSOEVER, AND YOU SHALL NOT RELY ON NOURISHEDRX, THE APPLICATION, PLATFORM, SERVICES, OR AI CHATBOT TO PROVIDE ANY SUCH ADVICE.
NOURISHEDRX CANNOT AND DOES NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED, OR USED BY OTHERS.
8. Indemnification
You hereby agree to indemnify, defend, and hold harmless NourishedRx and its officers, directors, employees, agents, affiliates, successors and assigns from and against any claims, losses, expenses, or demand of liability, including attorneys’ fees and costs incurred, in connection with your use, misuse, or inability to use the Services, Application, Platform, or AI Chatbot, your prompts, inputs, uploads, instructions, or other content submitted through the Application, your reliance on or use of any AI Chatbot output, your breach of these Terms, or any negligence or willful misconduct by or on behalf of you. NourishedRx reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification.
9. Term; Termination and Suspension.
The terms of these Terms and the license granted hereunder will commence on the date you indicate your acceptance of these Terms and will continue until you either stop using the Application or Services or your rights to use the Application or receive the Services are terminated by NourishedRx. NourishedRx may terminate or suspend your right to use the Services, Application, Platform, or AI Chatbot at any time and for any reason without notice.
Without limitation, NourishedRx may terminate or suspend your right to use the Services, Application, Platform, or AI Chatbot immediately if NourishedRx otherwise finds that you have engaged in unlawful or inappropriate behavior in connection with use of the Services, Application, Platform, or AI Chatbot, have attempted to bypass or manipulate AI Chatbot safeguards, have submitted prohibited or harmful prompts or content, or otherwise breached these Terms. In addition to terminating or suspending your account, NourishedRx reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Even after your right to use the Services, Application, Platform, or AI Chatbot is terminated or suspended, these Terms will remain enforceable against you. Sections 2–16 shall survive termination of these Terms.
10. Modifications to the Services and Application.
NourishedRx reserves the right in its sole discretion to review, improve, update, modify, suspend, restrict, replace, or discontinue, temporarily or permanently, the Services or Application, including the AI Chatbot or any AI Chatbot feature, content, model, functionality, response type, or information on the Services or Application, with or without notice. NourishedRx will not be liable to any party for any modification or discontinuance of the Services or Application, in part or in their entirety.
11. Third Party Materials.
NourishedRx may display, include or make available third-party content or provide links to third-party websites, services, tools, software, data sources, artificial intelligence models, hosting providers, analytics providers, messaging providers, or other technology providers (including without limitation food vendor services and AI technology providers) through the Application or during provision of the Services (collectively, “Third-Party Materials”). You acknowledge and agree that NourishedRx is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, availability, security, or any other aspect thereof.
NourishedRx does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
12. Arbitration; Governing Law and Venue.
These Terms are governed, construed, and enforced under the laws of the State of Connecticut, without regard to choice of law principles. You agree that any dispute arising out of or relating in any way to your use of the Services, Application, Platform, or AI Chatbot requires that such claim be resolved exclusively by confidential, binding arbitration; provided that, to the extent you have in any manner violated or threatened to violate your confidentiality obligations under these Terms, NourishedRx may seek injunctive or other appropriate relief.
The arbitration shall be conducted before three neutral arbitrators in Stamford, Connecticut, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding.
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 PLATFORM, APPLICATION, AI CHATBOT, OR SERVICES, AND ANY AND ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING RELATING TO THESE TERMS, THE APPLICATION, THE PLATFORM, THE AI CHATBOT, THE SERVICES, OR ANY OF THE SUBJECT MATTER CONTEMPLATED HEREIN.
13. Severability.
You and NourishedRx agree that if any portion of these Terms are found illegal or unenforceable, that portion will be construed to be enforceable to the maximum extent permitted by law and the remainder of the Agreement will remain valid and enforceable to the maximum extent permitted by law.
14. No Agency.
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms.
15. Entire Agreement.
These Terms constitute the entire agreement between you and NourishedRx with respect to the Services and Application and supersedes any previous version of these Terms. Failure by NourishedRx to enforce any provision of these Terms will not be construed as a waiver of any provision or right. These Terms will insure to the benefit of NourishedRx and its successors and assigns. These Terms constitute the entire agreement between you and NourishedRx with respect to the Services, Application, Platform, and AI Chatbot and supersede any previous version of these Terms. Failure by NourishedRx to enforce any provision of these Terms will not be construed as a waiver of any provision or right. These Terms will inure to the benefit of NourishedRx and its successors and assigns.
16. Changes to these Terms and the Service and Application
NourishedRx reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, or delete any of the terms and conditions of these Terms (or the Privacy Policy) at any time, effective with or without prior notice.
If any future changes to these Terms are unacceptable to you or cause you to no longer be in compliance with these Terms, you must immediately cease using the Service and Application. Your continued use of the Service, Application, Platform, or AI Chatbot following any revision to these Terms constitutes your complete and irrevocable acceptance of any and all such changes.
By participating in this program, I acknowledge that I have read and understood NourishedRx’s Services, Application, Platform, and AI Chatbot Terms and Conditions.