Terms of Service

1. Acceptance of Terms

MyNutriCart is operated by MyNutriCart LLC, a North Carolina limited liability company ("Company," "we," "our," "us"). By creating an account or using MyNutriCart ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all Terms, do not use the Service. These Terms apply to all users regardless of membership tier. Use of the Service constitutes your agreement to mandatory binding arbitration and a class-action waiver as described in Section 21.

2. Not a Clinical Service — Not Medical Advice

MyNutriCart is an AI-powered meal planning and grocery tool. It is not a medical practice, clinical service, telehealth service, or healthcare provider. The Service does not constitute and must not be relied upon as medical advice, diagnosis, or treatment.

Nutritional guidance generated by this Service is educational and general in nature. It is based solely on information you self-report and does not account for your complete medical history, current clinical status, laboratory trends, or the individualized judgment of a treating clinician.

Always consult your own physician or licensed healthcare provider before making significant changes to your diet, particularly if you have a chronic medical condition, take prescription medications, or are under active medical care.

3. No Physician-Patient Relationship

Use of the Service does not create, and shall not be construed to create, a physician-patient relationship, doctor-client relationship, or any other professional or fiduciary relationship between you and MyNutriCart LLC, its members, officers, or any physician associated with its design or operation.

The physician who designed this Service (William Brock, DO) is not your physician. He is acting in the capacity of a product designer and LLC member, not as a treating or consulting clinician. He has not examined you, does not have access to your medical records, and has made no individualized clinical assessment of your health. No duties owed by a physician to a patient under North Carolina law — or the law of any other jurisdiction — arise from your use of this Service.

Any nutritional information or meal plan generated by this Service is produced by artificial intelligence and is not a clinical opinion, prescription, or recommendation made by a licensed physician in a professional capacity.

4. Hard-Stop Conditions

Users who disclose any of the following conditions during onboarding will be directed to consult their physician before the Service will generate a meal plan. This restriction exists because dietary changes in these conditions require individualized medical supervision that this tool cannot provide:

• Type 1 Diabetes
• Chronic Kidney Disease Stage 3b or higher (eGFR <45)
• Cirrhosis of the liver
• Chronic Pancreatitis
• Pregnancy
• Use of insulin or sulfonylurea medications (glipizide, glyburide, glimepiride)
• Age under 18

You assume full responsibility for accurately disclosing your health conditions during onboarding. Providing false health information to circumvent hard-stop conditions is a material breach of these Terms and may result in immediate account termination. MyNutriCart LLC bears no liability for harm arising from your failure to disclose a hard-stop condition.

Future-proofing: MyNutriCart LLC reserves the right to update hard-stop conditions as new medical or nutritional evidence emerges, or as clinical guidelines change. Material changes to hard-stop conditions will be communicated to users with reasonable notice via email or in-app notification before taking effect.

5. Emergency Disclaimer

The Service is not designed, intended, or appropriate for use in medical emergencies or life-threatening situations. If you are experiencing a medical emergency, call 911 or your local emergency services immediately. MyNutriCart LLC expressly disclaims any responsibility for harm, delay in care, or adverse outcomes arising from reliance on this Service in place of emergency medical care.

6. Accounts and Access

• You must be 18 years of age or older to create an account
• One account per person. Sharing accounts is prohibited
• Device and IP limits apply. Accessing the same account from more than two distinct devices may trigger a security review
• You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account
• You may not create accounts using automated methods, bots, or scripts
• Notify us immediately at support@mynutricart.com if you suspect unauthorized access to your account

7. Membership and Billing

• Basic ($9.99/mo): 7-day AI meal plan, weekly grocery list, store cart integration
• Pro ($24.99/mo): Everything in Basic, plus unlimited plan feedback, deviation tracking, plan adjustment history, and priority features

Subscriptions renew automatically on a monthly basis. You may cancel at any time; cancellation takes effect at the end of your current billing period. No refunds are issued for partial months. Payment processing is handled by Stripe; by subscribing you also agree to Stripe's terms of service.

We reserve the right to modify pricing with 30 days' written notice to your email address on file. Continued use after the effective date of a price change constitutes acceptance of the new pricing.

Promotional or access codes are issued at our sole discretion, are non-transferable, and may be revoked at any time for abuse.

8. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to reverse-engineer, scrape, or extract data from the Service
• Use automated tools to interact with the Service (bots, crawlers, scrapers)
• Share, resell, or sublicense access to your account
• Provide false health information to circumvent hard-stop conditions
• Attempt to impersonate another user or the Service operator
• Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure

9. User-Provided Data

You retain ownership of all health data you enter. By entering data, you grant us a limited, non-exclusive, royalty-free license to process it for the sole purpose of providing the Service to you. We do not claim ownership of your health information. See our Privacy Policy for full details on how your data is handled, stored, and protected.

Data breach notification: In the event of a security breach involving your personal information, MyNutriCart LLC will notify affected users as required by N.C. Gen. Stat. § 75-65 and any other applicable law, including the nature of the breach and steps you may take to protect yourself.

10. Research Consent

If you opt in to research participation during signup, you consent to your anonymized, de-identified data being used in aggregate nutritional research or quality improvement analysis. Individual data is never shared with third parties.

Withdrawal: You may withdraw consent at any time through your profile settings or by emailing support@mynutricart.com. Withdrawal is effective prospectively and does not affect aggregate findings already published or shared prior to withdrawal. Withdrawal does not require account deletion.

Retention: MyNutriCart LLC may retain anonymized data for up to five (5) years following your withdrawal of consent for the purpose of maintaining the integrity of ongoing research. After five years, anonymized data is either deleted or permanently de-identified such that re-identification is not possible.

11. Intellectual Property

MyNutriCart LLC owns the platform, algorithms, meal plan generation logic, and all AI-generated outputs. Users retain ownership of their input data only. Generated meal plans are licensed to users for personal non-commercial use only. Nothing in these Terms transfers any ownership interest in the Service or its underlying technology to you.

User data: You retain ownership of all personal health data you submit. The limited processing license granted in Section 9 does not transfer ownership.

User-generated content: By submitting feedback, deviation logs, ratings, or other content to the Service, you grant MyNutriCart LLC a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display such content solely for the purpose of improving the Service. You retain ownership of your submissions.

"MyNutriCart," "MyNutriCart LLC," and associated logos are trademarks of MyNutriCart LLC. You may not use our trademarks without prior written permission.

12. AI-Generated Content

Meal plans and grocery lists are generated using large language models provided by xAI (Grok). AI-generated content may contain errors, omissions, or outdated information. While the Service is designed around evidence-based dietary guidelines, the AI does not have access to your complete medical record and cannot replicate individualized clinical judgment.

You are responsible for reviewing all AI-generated recommendations with your own physician before implementing significant dietary changes. MyNutriCart LLC makes no warranty that AI-generated content is accurate, complete, or appropriate for your specific health situation.

Future-proofing: The AI model provider(s) powering this Service may change over time. Changes to underlying AI providers will not materially affect your rights under these Terms, provided the core functionality of the Service remains substantially similar. We will disclose material changes to AI providers in our Privacy Policy.

13. Advertising Policy

Advertising displayed on MyNutriCart is limited exclusively to local food businesses, grocery stores, farmers markets, and local athletic events. We will never display advertising for pharmaceuticals, dietary supplements, vitamins, weight loss products, or any healthcare service that creates a conflict of interest with our evidence-based content. Our editorial content and meal plan generation are never influenced by advertisers.

14. HIPAA — Not a Covered Entity

MyNutriCart LLC is not a "covered entity" or "business associate" as those terms are defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or its implementing regulations. The Service does not involve the creation, receipt, maintenance, or transmission of "protected health information" (PHI) as defined under HIPAA. Accordingly, no HIPAA rights or obligations apply to your use of this Service. Your data is protected pursuant to our Privacy Policy and applicable state law.

15. Assumption of Risk

You acknowledge and voluntarily assume all risks associated with use of the Service, including but not limited to risks arising from inaccurate meal planning recommendations, undisclosed food allergies or intolerances, drug-nutrient interactions, or adverse health effects from following AI-generated dietary suggestions. You are solely responsible for consulting a qualified licensed healthcare professional before acting on any recommendation generated by this Service. You use the Service at your own risk.

16. Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEDICALLY APPROPRIATE FOR YOUR SPECIFIC SITUATION.

THE SERVICE IS NOT INTENDED AS A SUBSTITUTE FOR CLINICAL MEDICAL NUTRITION THERAPY (MNT) AS DEFINED BY CMS, THE ACADEMY OF NUTRITION AND DIETETICS, OR ANY APPLICABLE ACCREDITATION OR REIMBURSEMENT BODY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYNUTRICART LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, PERSONAL INJURY, PROPERTY DAMAGE, OR ADVERSE HEALTH OUTCOMES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID US IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00). THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE).

Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

17. Indemnification

You agree to indemnify, defend, and hold harmless MyNutriCart LLC and its members, managers, officers, employees, agents, licensors, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (i) your use of or access to the Service; (ii) your violation of these Terms; (iii) your violation of any applicable law or regulation; (iv) your provision of false or inaccurate health information; or (v) any claim by a third party arising from your use of the Service.

18. Termination

We may suspend or terminate your account immediately, with or without prior notice, for: violation of these Terms, fraudulent activity, provision of false health information, use that poses a risk to other users or the Service, or any reason at our sole discretion. Upon termination, your right to access the Service ceases immediately. You may cancel your account at any time by contacting support. Sections 3, 11, 15, 16, 17, 19, 20, 21, 22, and 23 survive termination.

19. Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, war, terrorism, civil unrest, embargoes, governmental actions, fire, flood, pandemic, earthquake, power failures, strikes, or shortages of infrastructure, labor, or materials. The affected party shall notify the other promptly and use commercially reasonable efforts to resume performance.

20. Governing Law and Venue

These Terms are governed by and construed in accordance with the laws of the State of North Carolina, United States, without regard to its conflict-of-law principles. Except as otherwise provided in Section 21 (Dispute Resolution), any disputes not subject to arbitration shall be resolved exclusively in the state or federal courts located in New Hanover County, North Carolina, and you consent to personal jurisdiction in those courts.

21. Dispute Resolution — Binding Arbitration

Binding Arbitration.

Except as provided below, you and MyNutriCart LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service (collectively, "Dispute") will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules ("AAA Rules"), before a single arbitrator. The arbitration shall be conducted in New Hanover County, North Carolina, or virtually if mutually agreed or required by AAA Rules. The arbitrator's award shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction. The AAA Rules are available at www.adr.org.

Class Action Waiver.

YOU AND MYNUTRICART LLC EACH WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE. ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. If a court determines that this class action waiver is unenforceable, then the arbitration agreement in this Section shall be void as to that claim, and that claim shall proceed in court subject to Section 20.

Opt-Out Right.

You may opt out of this arbitration agreement by sending written notice to support@mynutricart.com within 30 days of first creating your account. Your notice must include your name, account email, and a clear statement that you are opting out of the arbitration agreement. Opting out does not affect any other provision of these Terms.

Exceptions.

Either party may bring an individual claim in small claims court if it qualifies. Either party may also seek emergency injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information, pending arbitration.

Arbitrability.

The parties agree that the arbitrator, and not any court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this agreement is void or voidable.

22. Severability, Entire Agreement, and Waiver

Severability. If any provision of these Terms is held invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall remain in full force and effect.

Entire Agreement. These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and MyNutriCart LLC with respect to the Service and supersede all prior or contemporaneous understandings, representations, or agreements, whether oral or written.

Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver by either party of any term or condition of these Terms in any instance shall not be deemed or construed as a waiver of such term or condition in the future.

23. Changes to These Terms

We may update these Terms periodically. Material changes will be communicated via email to the address on file at least 14 days before taking effect. Non-material changes (such as formatting or clarifications that do not alter your rights) may take effect immediately upon posting. Continued use of the Service after the effective date of any change constitutes your acceptance of the revised Terms.

23.5. Pricing, Discounts, and Military Charity Contributions

Founder & Early User Pricing

MyNutriCart offers lifetime discounted rates to early subscribers in three cohorts: First 500 (50% off, "Founder"), 501–1,500 (30% off, "Early Pioneer"), 1,501–2,500 (20% off, "Early Supporter"). These rates are permanent Stripe discounts active while the subscription is active. Canceling and resubscribing forfeits the locked rate. Locked-rate users pay the lower of their locked rate or the current global rate. Founder Basic subscribers have a 30-day window from signup to upgrade to Pro at the Founder rate; after that, Pro is at current global pricing. Downgrading from a locked Pro rate forfeits the locked Pro price.

Global Milestone Discounts

After 2,500 active subscribers, progressive global discounts may apply to new subscribers (5% increments at each subscriber doubling up to 30%). These are not retroactively applied to locked accounts unless the global rate is lower.

Military Discount

Verified military members receive 15% off any plan via ID.me verification. Re-verification may be required periodically.

Military Charity Contribution

MyNutriCart LLC donates 5% of gross revenue from military-discounted subscriptions each month to a charity of our choosing, rotated monthly at our sole discretion. Total donated and current recipient are published in our Impact ticker. These donations are made by MyNutriCart LLC and are not tax-deductible for subscribers. Subscribers have no direction over or legal claim to these donations. We reserve the right to modify or discontinue this program with 30 days' notice.

Referral Program

Subscribers earn $5 Stripe account credit per successful paid referral, up to $200 total. Referred users receive 30% off their first 3 months. Credits apply to future invoices and have no cash value. We reserve the right to modify or discontinue this program at any time.

24. Contact

Questions about these Terms or requests related to your account:

support@mynutricart.com

To exercise your arbitration opt-out right, see Section 21 for instructions. Opt-out requests must be sent within 30 days of account creation.