Terms of Service

1. ACCEPTANCE OF TERMS

These Terms of Service (the “Terms,” “Agreement,” or “TOS”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Nutra Detective LLC, an Oklahoma limited liability company (“NutraDetective,” “Company,” “we,” “us,” or “our”), governing your access to and use of the NutraDetective mobile application (the “App”), website located at https://nutradetective.com (the “Website”), and all related services, features, content, and functionality (collectively, the “Services”).

1.1 Agreement to Terms

BY ACCESSING, DOWNLOADING, INSTALLING, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

1.2 Amendments to Terms

We reserve the right, at our sole discretion, to modify, amend, or replace these Terms at any time. We will provide notice of material changes by:

(a) Posting the updated Terms on the Website with a revised “Last Updated” date;
(b) Providing in-App notification of material changes; and
(c) Sending email notification to the address associated with your account, if applicable.

Your continued use of the Services following the posting of revised Terms constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically. If you do not agree to the modified Terms, you must immediately cease using the Services and may request account deletion pursuant to Section 10.

1.3 Additional Terms

Certain features or services may be subject to additional terms and conditions (“Additional Terms”), which will be presented to you at the time you access such features or services. Additional Terms are incorporated into these Terms by reference and, in the event of a conflict between these Terms and any Additional Terms, the Additional Terms shall control with respect to that specific feature or service.

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2. ELIGIBILITY AND AGE REQUIREMENTS

2.1 Minimum Age Requirement

The Services are intended for use by individuals who are at least eighteen (18) years of age or the age of majority in their jurisdiction of residence, whichever is greater. By using the Services, you represent and warrant that you meet this age requirement.

2.2 Parental or Guardian Consent

If you are between the ages of thirteen (13) and eighteen (18) (or the applicable age of majority in your jurisdiction), you may only use the Services with the express consent, supervision, and participation of a parent or legal guardian who agrees to be bound by these Terms. Parents and legal guardians who permit minors to use the Services accept full responsibility for:

(a) The minor’s use of the Services;
(b) Any financial charges or legal liability incurred by the minor’s use;
(c) The minor’s compliance with these Terms; and
(d) Monitoring and supervising the minor’s activities on the Services.

2.3 Prohibition on Use by Children Under 13

THE SERVICES ARE NOT INTENDED FOR, AND MAY NOT BE USED BY, CHILDREN UNDER THE AGE OF THIRTEEN (13). We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we will take steps to delete such information in accordance with applicable law. If you believe that we may have collected information from a child under 13, please contact us immediately at contact@nutradetective.com.

2.4 Jurisdictional Restrictions

The Services are controlled and operated from the United States and are intended for users located within the United States. We make no representation that the Services are appropriate or available for use in other locations. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

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3. ACCOUNT REGISTRATION AND SECURITY

3.1 Account Creation

Certain features of the Services may require you to create an account. When creating an account, you agree to:

(a) Provide accurate, current, and complete information;
(b) Maintain and promptly update your account information to keep it accurate, current, and complete;
(c) Maintain the security and confidentiality of your account credentials;
(d) Immediately notify us of any unauthorized access to or use of your account; and
(e) Accept all responsibility for all activities that occur under your account.

3.2 Account Credentials

You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree not to:

(a) Share your account credentials with any third party;
(b) Allow any third party to access your account;
(c) Use another user’s account without permission; or
(d) Create an account using false or misleading information.

3.3 Account Responsibility

You acknowledge and agree that:

(a) You are solely responsible for all activities conducted through your account, whether or not authorized by you;
(b) We are not liable for any loss or damage arising from unauthorized use of your account;
(c) You will immediately notify us of any suspected or actual unauthorized use of your account by emailing contact@nutradetective.com; and
(d) We may suspend or terminate your account if we reasonably believe it has been compromised or is being used in violation of these Terms.

3.4 Single Account Limitation

You may only maintain one (1) active account per individual. Creating multiple accounts for the purpose of circumventing usage limitations, accessing promotional offers multiple times, or any other purpose that violates these Terms is strictly prohibited and may result in immediate termination of all associated accounts without refund.

3.5 Account Verification

We reserve the right, at our sole discretion, to:

(a) Verify the identity of account holders;
(b) Request additional information or documentation to confirm account details;
(c) Suspend or terminate accounts that fail verification procedures; and
(d) Refuse account registration or re-registration at any time, for any reason.

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4. SUBSCRIPTION SERVICES AND BILLING

4.1 Service Tiers

NutraDetective offers the Services in multiple tiers:

(a) Detective Tier (Free):
The Detective Tier provides access to basic features of the Services with certain limitations, including but not limited to scan limits and feature restrictions as specified within the App.

(b) Legend Detective Tier (Premium Subscription):
The Legend Detective Tier is a paid subscription service that provides unlimited access to premium features, including:

– Unlimited product scans
– Full access to all product analysis features
– FDA and USDA recall alerts
– Complete scan history retention
– Access to healthier alternative product suggestions
– Family account management (up to five (5) family members)
– Priority customer support
– Future premium features as they become available

The specific features available in each tier may be modified at our discretion with reasonable notice to subscribers.

4.2 Subscription Pricing

The Legend Detective Tier is available at the following subscription rates:

(a) Monthly Subscription: Four Dollars and Ninety-Nine Cents ($4.99 USD) per month
(b) Annual Subscription: Thirty-Nine Dollars and Ninety-Nine Cents ($39.99 USD) per year

All subscription fees are in United States Dollars (USD) unless otherwise stated. Subscription fees are subject to change with at least thirty (30) days’ prior written notice to active subscribers.

4.3 Free Trial Period

New subscribers may be eligible for a free trial period of seven (7) days (the “Trial Period”). During the Trial Period, you will have full access to Legend Detective Tier features at no charge.

IMPORTANT TRIAL TERMS:

(a) You must provide valid payment information to initiate a Trial Period;
(b) Unless you cancel before the end of the Trial Period, your subscription will automatically convert to a paid subscription;
(c) You will be charged the applicable subscription fee immediately upon expiration of the Trial Period;
(d) The Trial Period is available only once per user and may not be combined with other promotional offers unless expressly stated;
(e) We reserve the right to verify eligibility for Trial Periods and to deny Trial Period access to users who have previously subscribed or who we believe are abusing the Trial Period offer;
(f) To avoid charges, you must cancel your subscription at least twenty-four (24) hours before the end of the Trial Period.

CANCELLATION DEADLINE FOR TRIAL: If you wish to avoid being charged, you must cancel your subscription no later than 11:59 PM on [DAY 7 OF TRIAL] to avoid the first paid billing cycle.

4.4 Automatic Renewal

AUTOMATIC RENEWAL NOTICE:

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING CYCLE (MONTHLY OR ANNUALLY, AS APPLICABLE) UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE RENEWAL DATE. BY SUBSCRIBING, YOU AUTHORIZE US TO CHARGE THE PAYMENT METHOD ASSOCIATED WITH YOUR ACCOUNT FOR THE APPLICABLE SUBSCRIPTION FEE, PLUS ANY APPLICABLE TAXES, ON A RECURRING BASIS CORRESPONDING TO YOUR SELECTED BILLING CYCLE.

(a) Monthly Subscriptions: Automatically renew every thirty (30) days from the date of initial subscription or last renewal.

(b) Annual Subscriptions: Automatically renew every three hundred sixty-five (365) days from the date of initial subscription or last renewal.

(c) Renewal Reminder: You will receive a renewal reminder notification at least twenty-four (24) hours prior to your subscription

renewal date via email and/or in-App notification.

(d) Authorization: By purchasing a subscription, you expressly authorize us to automatically charge your payment method for the subscription fee upon each renewal until you cancel your subscription.

4.5 Payment Methods

Subscription payments are processed through Apple App Store, Google Play Store, or other third-party payment processors designated by us (collectively, “Payment Processors”). You agree to:

(a) Provide accurate and complete payment information;
(b) Maintain valid payment method information throughout the subscription term;
(c) Promptly update payment information if it changes;
(d) Pay all charges incurred by your account;
(e) Be responsible for all applicable taxes; and
(f) Comply with the Payment Processor’s terms and conditions.

We are not responsible for any fees charged by your payment method provider (e.g., overdraft fees, insufficient funds fees, foreign transaction fees).

4.6 Failed Payments

If a subscription payment fails for any reason:

(a) Your access to Legend Detective Tier features may be immediately suspended or downgraded to the Detective Tier;
(b) We may attempt to re-process the payment using your designated payment method;
(c) We may notify you via email of the payment failure;
(d) Your subscription may be automatically canceled if payment is not received within fifteen (15) days of the failed payment; and
(e) You remain responsible for all unpaid fees.

4.7 Cancellation of Subscriptions

You may cancel your subscription at any time through the following methods:

(a) Apple App Store Subscriptions:
Navigate to Settings > [Your Name] > Subscriptions > NutraDetective > Cancel Subscription, or manage subscriptions through the App Store app.

(b) Google Play Store Subscriptions:
Navigate to Google Play Store > Menu > Subscriptions > NutraDetective > Cancel Subscription, or manage subscriptions through your Google account settings.

(c) In-App Cancellation:
Navigate to the App > Settings > Manage Subscription > Cancel Subscription.

IMPORTANT CANCELLATION TERMS:

(a) To avoid being charged for the next billing cycle, you must cancel your subscription at least twenty-four (24) hours before the end of your current billing period.

(b) Cancellation takes effect at the end of the current billing period. You will retain access to Legend Detective Tier features until the end of your paid subscription period.

(c) Cancellation does not entitle you to a refund for the current billing period except as provided in Section 4.8.

(d) We do not provide pro-rated refunds for partial billing periods.

(e) If you cancel during a Trial Period, you will not be charged, and your access will convert to the Detective Tier immediately or at the end of the Trial Period, as determined by the Payment Processor.

(f) Upon cancellation, your account will automatically revert to the Detective Tier with applicable feature limitations.

4.8 Refund Policy

NO REFUND POLICY:

ALL SUBSCRIPTION FEES ARE NON-REFUNDABLE EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION OR AS REQUIRED BY APPLICABLE LAW.

(a) General Rule: We do not provide refunds or credits for partial subscription periods, unused subscription time, or any subscription fees already charged.

(b) Exceptions: Refunds may be issued at our sole discretion in the following limited circumstances:

– Billing errors caused by technical malfunction of the Services;
– Duplicate charges resulting from system errors;
– Unauthorized charges that you report within fifteen (15) days of the charge date; or
– As required by applicable law or Payment Processor policies.

(c) Payment Processor Refunds: Refund requests for subscriptions purchased through Apple App Store or Google Play Store are subject to the respective Payment Processor’s refund policies. We do not control Payment Processor refund decisions. To request a refund through a Payment Processor:

– Apple: Visit https://support.apple.com/en-us/HT204084
– Google: Visit https://support.google.com/googleplay/answer/2479637

(d) Refund Request Procedure: To request a refund for reasons other than Payment Processor policies, contact us at contact@nutradetective.com within fifteen (15) days of the charge date with:

– Your account email address;
– Date and amount of the charge;
– Payment Processor used;
– Detailed explanation of the reason for the refund request; and
– Any supporting documentation.

We will review refund requests within ten (10) business days and notify you of our decision via email. Our decision regarding refunds is final and binding.

(e) Fraudulent Refund Requests: Submitting false or fraudulent refund requests may result in immediate termination of your account and referral to appropriate legal authorities.

4.9 Price Changes

We reserve the right to modify subscription pricing at any time. Price changes will be implemented as follows:

(a) Notice Period: We will provide at least thirty (30) days’ advance written notice of any price increase via email to the address associated with your account and through in-App notification.

(b) Effect on Existing Subscriptions: Price increases will take effect upon your next renewal date following the notice period. Your subscription will automatically renew at the new price unless you cancel prior to the renewal date.

(c) Acceptance of New Price: Your continued use of the Services and failure to cancel your subscription following notice of a price change constitutes your acceptance of the new pricing.

(d) Promotional Pricing: Promotional prices, if offered, are temporary and subject to change without notice. Upon expiration of a promotional period, your subscription will automatically renew at the standard pricing rate then in effect.

4.10 Taxes

You are responsible for all applicable federal, state, local, and foreign taxes, levies, duties, and similar governmental assessments (collectively, “Taxes”) associated with your subscription, except for taxes based on our net income. The subscription fees stated in Section 4.2 do not include Taxes. If we are required to collect or pay Taxes, such amounts will be charged to your payment method in addition to the subscription fee.

4.11 Family Account Sharing

Legend Detective Tier subscribers may share their subscription benefits with up to five (5) additional users (each, a “Family Member”) through the family account feature, subject to the following terms:

(a) Primary Account Holder Responsibility: The subscribing user (the “Primary Account Holder”) is fully responsible for:

– All activity conducted by Family Members under the family account;
– All charges incurred by Family Members;
– Ensuring Family Members comply with these Terms;
– Managing Family Member access and permissions;
– Removing Family Members from the family account as necessary.

(b) Family Member Requirements: Each Family Member must:

– Create their own individual account;
– Accept these Terms independently;
– Meet the eligibility requirements set forth in Section 2; and
– Be invited and approved by the Primary Account Holder.

(c) Family Member Access: Family Members receive access to Legend Detective Tier features but may not:

– Modify subscription or billing settings;
– Remove other Family Members;
– Change Primary Account Holder designation; or
– Cancel the subscription (only the Primary Account Holder may cancel).

(d) Termination of Family Sharing: The Primary Account Holder may remove Family Members at any time. Upon removal, the Family Member’s access will immediately revert to the Detective Tier. We may terminate family account privileges if we detect abuse, fraud, or violations of these Terms.

(e) Limitation: Family account sharing is intended for legitimate family or household use only. Commercial resale or redistribution of subscriptions is strictly prohibited.

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5. ACCEPTABLE USE POLICY

5.1 Permitted Use

You may use the Services solely for lawful, personal, non-commercial purposes in accordance with these Terms. You agree to use the Services in a manner that is respectful of other users and consistent with the intended purpose of the Services.

5.2 Prohibited Conduct

You agree that you will NOT:

(a) Legal Violations:

– Violate any local, state, national, or international law or regulation;
– Engage in any activity that constitutes or encourages conduct that would constitute a criminal offense or give rise to civil liability;
– Use the Services for any illegal or unauthorized purpose;

(b) Intellectual Property Infringement:

– Copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services except as permitted under Section 6;
– Circumvent, disable, or otherwise interfere with security-related features or features that prevent or restrict use or copying of any content;
– Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices contained in or on the Services;

(c) Unauthorized Access and System Interference:

– Attempt to gain unauthorized access to any portion of the Services, other user accounts, or any systems or networks connected to the Services;
– Use any automated system, including “robots,” “spiders,” “offline readers,” or similar technologies to access the Services;
– Interfere with or disrupt the Services or servers or networks connected to the Services;
– Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
– Attempt to probe, scan, or test the vulnerability of any system or network;
– Breach or otherwise circumvent any security or authentication measures;
– Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Services;

(d) Data Scraping and Commercial Use:

– Engage in any form of data mining, data harvesting, data extracting, or screen scraping of the Services;
– Use the Services to collect, harvest, or aggregate data about other users without their consent;
– Use the Services for any commercial purpose not expressly authorized by these Terms;
– Resell, lease, sublicense, or redistribute access to the Services;
– Use the Services to build a competing product or service;

(e) Abuse and Fraud:

– Create multiple accounts to circumvent usage limitations or access promotional offers multiple times;
– Share account credentials or sell, trade, or transfer your account to another person;
– Submit false, fraudulent, or misleading information to the Services;
– Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
– Manipulate, falsify, or misrepresent scan results or product information;
– Engage in any activity that constitutes fraud or abuse of the subscription system;

(f) Harmful Content and Conduct:

– Upload, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar,

obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
– Harass, threaten, intimidate, or otherwise harm other users;
– Spam or send unsolicited communications to other users;

(g) Misuse of Health Information:

– Rely solely on the Services for medical, nutritional, or health-related decisions without consulting qualified healthcare professionals;
– Use the Services in any manner that could harm yourself or others by relying exclusively on automatically generated product ratings or recommendations;
– Misrepresent or provide false information regarding allergies, dietary restrictions, or health conditions;

(h) Interference with Business Operations:

– Take any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure;
– Interfere with the proper working of the Services or any activities conducted on the Services;
– Bypass any measures we may use to prevent or restrict access to the Services.

5.3 Monitoring and Enforcement

We reserve the right, but have no obligation, to:

(a) Monitor, review, and investigate your use of the Services for violations of these Terms;
(b) Remove, disable access to, or modify any content or material that violates these Terms or that we determine, in our sole discretion, is objectionable;
(c) Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms;
(d) Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Services;
(e) Cooperate with law enforcement authorities in investigating suspected criminal activity;
(f) Disclose any information necessary or appropriate to comply with legal process or protect our rights, property, or safety, or that of our users or the public.

5.4 Reporting Violations

If you become aware of any violation of these Terms or misuse of the Services, please report it immediately to contact@nutradetective.com. We will investigate all reports and take appropriate action at our sole discretion.

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6. INTELLECTUAL PROPERTY RIGHTS

6.1 Ownership of Services

The Services, including all content, features, functionality, software, text, displays, images, audio, video, data, trademarks, service marks, trade names, logos, algorithms, user interfaces, visual interfaces, and computer code (collectively, “Company Materials”), are owned by Nutra Detective LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 Company Trademarks

“NutraDetective,” the NutraDetective logo, “Uncover What’s Really in Your Food,” “Detective Tier,” “Legend Detective,” and all related names, logos, product and service names, designs, and slogans are trademarks of Nutra Detective LLC or its affiliates or licensors. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

6.3 Limited License to Users

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

(a) Download, install, and use a single copy of the mobile application on a device that you own or control; and
(b) Access and use the Services for your personal, non-commercial use.

This license does not include any right to:

– Resell, distribute, or commercially exploit the Services;
– Modify or make derivative works based upon the Services;
– Use any data mining, robots, or similar data gathering or extraction methods;
– Download (other than page caching) any portion of the Services except as expressly permitted; or
– Use the Services other than for their intended purpose.

6.4 Restrictions on Use

You may not:

(a) Modify, adapt, translate, or create derivative works based on the Services;
(b) Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Services;
(c) Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services to any third party;
(d) Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on or in the Services;
(e) Use the Services to develop a competing product or service;
(f) Copy, reproduce, distribute, publicly display, or create derivative works from any Company Materials except as expressly permitted by these Terms.

6.5 Open Source Components

The Services may contain third-party open source software components. Each such component is subject to its own applicable license terms, which can be found in the App or by contacting us at contact@nutradetective.com.

6.6 Third-Party Data Sources

Certain product information displayed through the Services is sourced from third-party databases, including but not limited to Open Food Facts. Such data is subject to third-party licenses and terms of use. Open Food Facts data is licensed under the Open Database License (ODbL). By using the Services, you agree to comply with all applicable third-party licenses.

6.7 Feedback

If you provide us with any feedback, suggestions, comments, or other input regarding the Services (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to use, reproduce, modify, create derivative works from, distribute, publicly display, publicly perform, and otherwise exploit such Feedback for any purpose without compensation or attribution to you. You represent and warrant that you have all rights necessary to grant us this license and that your Feedback does not infringe any third-party rights.

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7. USER-GENERATED CONTENT

7.1 User Content

The Services may allow you to create, store, and share certain content, including scan history, product notes, personal settings, and preferences (collectively, “User Content”). You retain all ownership rights in your User Content, subject to the license granted to us in Section 7.2.

7.2 License Grant to Company

By creating, uploading, posting, or otherwise making available User Content through the Services, you grant to Nutra Detective LLC a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display your User Content solely for the purposes of:

(a) Operating, maintaining, and improving the Services;
(b) Providing customer support;
(c) Developing new products, services, and features;
(d) Performing analytics and generating aggregated, anonymized data; and
(e) Complying with legal obligations.

This license terminates when you delete your User Content or close your account, except that:

– We may retain and use anonymized, aggregated data derived from your User Content;
– Deletion may not be immediate due to technical limitations or backup retention; and
– We may retain User Content as required by law or for legitimate business purposes.

7.3 User Content Representations and Warranties

You represent and warrant that:

(a) You own or have the necessary rights to your User Content;
(b) Your User Content does not infringe any third-party intellectual property, privacy, publicity, or other rights;
(c) Your User Content complies with these Terms and all applicable laws;
(d) Your User Content does not contain any viruses, malware, or other harmful code; and
(e) All information you provide in your User Content is accurate and truthful.

7.4 No Obligation to Pre-Screen

We have no obligation to pre-screen, monitor, edit, or remove User Content. However, we reserve the right to do so at any time, at our sole discretion, for any reason or no reason, including to ensure compliance with these Terms or applicable law.

7.5 User Content Disclaimer

USER CONTENT IS PROVIDED BY USERS AND NOT BY US. WE DO NOT ENDORSE, VERIFY, OR GUARANTEE THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY USER CONTENT. WE EXPRESSLY DISCLAIM ANY LIABILITY ARISING FROM OR RELATED TO USER CONTENT.

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8. DISCLAIMERS AND IMPORTANT NOTICES

8.1 Not Medical or Nutritional Advice

CRITICAL NOTICE:

THE SERVICES, INCLUDING ALL CONTENT, INFORMATION, PRODUCT RATINGS, HEALTH SCORES, INGREDIENT ANALYSIS, ALLERGEN WARNINGS, AND RECOMMENDATIONS PROVIDED THROUGH THE SERVICES (COLLECTIVELY, “HEALTH INFORMATION”), ARE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

YOU ACKNOWLEDGE AND AGREE THAT:

(a) No Professional Relationship: Use of the Services does not create a doctor-patient, nutritionist-client, or any other professional healthcare relationship between you and Nutra Detective LLC, its employees, contractors, or affiliates.

(b) Consult Healthcare Professionals: You should always seek the advice of your physician, registered dietitian, or other qualified healthcare provider with any questions you may have regarding a medical condition, dietary needs, nutritional concerns, allergies, or health-related decisions.

(c) Do Not Disregard Professional Advice: Never disregard professional medical advice or delay in seeking it because of information you have read, received, or accessed through the Services.

(d) Emergency Situations: If you think you may have a medical emergency, call your doctor or emergency services (911 in the United States) immediately. The Services

are not designed for emergency situations.

(e) Individual Results May Vary: Health and nutrition information provided through the Services may not be appropriate for your individual circumstances. Individual dietary needs, health conditions, allergies, and sensitivities vary significantly.

(f) Not a Diagnostic Tool: The Services do not diagnose, treat, cure, or prevent any disease, medical condition, or health problem.

8.2 Product Information Accuracy Disclaimer

IMPORTANT PRODUCT INFORMATION NOTICE:

(a) Third-Party Data Sources: Product information, including nutritional data, ingredient lists, allergen information, and product descriptions displayed through the Services, is primarily sourced from third-party databases and sources, including but not limited to:

– Open Food Facts (a community-driven, crowdsourced database);
– United States Department of Agriculture (USDA) FoodData Central;
– Food and Drug Administration (FDA) databases;
– Manufacturer-provided information; and
– Other publicly available data sources.

(b) No Guarantee of Accuracy: WE DO NOT CREATE, VERIFY, OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY PRODUCT INFORMATION DISPLAYED THROUGH THE SERVICES. Product information may contain errors, omissions, or outdated information.

(c) Manufacturer Changes: Food manufacturers may change product formulations, recipes, ingredients, packaging, labeling, or nutritional content at any time without notice. Information displayed through the Services may not reflect the most current formulation or labeling.

(d) Regional Variations: Product formulations may vary by region, country, manufacturing facility, or batch. The information displayed may not be accurate for the specific product you have purchased.

(e) User Responsibility: It is your sole responsibility to:

– Read and verify product labels and packaging directly;
– Contact manufacturers directly with questions about ingredients or allergens;
– Check expiration dates and product safety;
– Verify all product information before consumption, especially if you have allergies, dietary restrictions, or medical conditions.

(f) Always Read Labels: ALWAYS READ PRODUCT LABELS CAREFULLY BEFORE CONSUMING ANY FOOD PRODUCT, ESPECIALLY IF YOU HAVE FOOD ALLERGIES, SENSITIVITIES, DIETARY RESTRICTIONS, OR MEDICAL CONDITIONS.

8.3 Allergen Information Disclaimer

CRITICAL ALLERGEN WARNING:

(a) Life-Threatening Allergies: If you have food allergies, especially life-threatening allergies (such as peanut, tree nut, shellfish, or other anaphylactic allergies), DO NOT RELY SOLELY ON THE SERVICES FOR ALLERGEN INFORMATION.

(b) Limitations of Allergen Detection: The Services attempt to identify potential allergens based on ingredient lists and product data available in third-party databases. However:

– Allergen information may be incomplete, inaccurate, or outdated;
– The Services may not detect all allergens or potential cross-contamination;
– “May contain” warnings and cross-contamination information may not be captured in product databases;
– Manufacturing facilities and processes change, affecting cross-contamination risks;
– Ingredient derivatives and hidden allergen sources may not be identified.

(c) Your Responsibility: If you have food allergies, you MUST:

– Read all product labels carefully before consuming any food;
– Contact manufacturers directly to verify allergen information and manufacturing processes;
– Inform restaurants, food service providers, and others preparing food about your allergies;
– Follow your healthcare provider’s recommendations for managing food allergies;
– Carry emergency medications (such as epinephrine auto-injectors) as prescribed.

(d) Cross-Contamination: The Services cannot detect or warn about cross-contamination that may occur during manufacturing, packaging, storage, transportation, or food preparation.

(e) No Liability for Allergic Reactions: WE ARE NOT LIABLE FOR ANY ALLERGIC REACTIONS, ADVERSE HEALTH EFFECTS, INJURIES, OR DAMAGES RESULTING FROM YOUR RELIANCE ON ALLERGEN INFORMATION PROVIDED THROUGH THE SERVICES.

8.4 Recall Information Disclaimer

(a) Recall Data Sources: Food recall information displayed through the Services is sourced from publicly available databases maintained by the United States Food and Drug Administration (FDA) and the United States Department of Agriculture (USDA).

(b) No Guarantee of Completeness: Recall information may be:

– Incomplete or missing for certain products or recalls;
– Delayed due to government reporting timelines;
– Inaccurate due to errors in government databases;
– Limited to products with barcodes (many recalls do not include barcode information);
– Subject to changes as investigations progress.

(c) Verify Recall Information: For the most current and complete recall information, visit:

– FDA Recalls: https://www.fda.gov/safety/recalls
– USDA FSIS Recalls: https://www.fsis.usda.gov/recalls

(d) Not Real-Time Alerts: Recall information is updated periodically and may not reflect the most current recalls. There may be delays between when a recall is announced by government agencies and when it appears in the Services.

(e) Coverage Limitations: The Services can only alert you to recalls for products you have previously scanned and for which barcode information is available in government recall databases. Many recalled products cannot be matched due to lack of barcode data in recall announcements.

8.5 Health Score Disclaimer

(a) Subjective Ratings: Health scores, grades, and product ratings generated by the Services are based on proprietary algorithms that analyze nutritional information, ingredient lists, and other product data according to general nutritional guidelines and public health recommendations.

(b) Not Personalized: Health scores are NOT personalized to your individual health status, medical conditions, dietary needs, allergies, or restrictions. A product rated favorably may not be appropriate for you based on your individual circumstances.

(c) General Guidelines Only: Health scores are based on general nutritional guidelines and do not account for:

– Individual caloric needs;
– Medical conditions (diabetes, hypertension, kidney disease, etc.);
– Dietary restrictions or preferences (vegetarian, vegan, kosher, halal, etc.);
– Medication interactions;
– Age, gender, activity level, or other individual factors;
– Cultural, religious, or ethical food preferences.

(d) Consult Professionals: Before making significant dietary changes based on health scores, consult with a registered dietitian, physician, or other qualified healthcare professional.

8.6 Alternative Product Suggestions Disclaimer

(a) Suggestions Not Endorsements: Alternative product suggestions provided through the Services are generated algorithmically based on product characteristics and are not endorsements, recommendations, or guarantees of product quality, safety, or suitability for your needs.

(b) No Financial Relationships: We do not receive compensation from manufacturers or brands for suggesting their products as alternatives. Product suggestions are generated objectively based on our algorithms.

(c) Verify Alternatives: You must verify that any alternative product is suitable for your dietary needs, allergies, restrictions, and preferences before purchasing or consuming it.

8.7 Information Changes

Product information, nutritional guidelines, scientific research, and government recommendations change over time. We reserve the right to update algorithms, scoring methodologies, health recommendations, and other aspects of the Services at any time without notice to reflect current best practices and available information.

9. LIMITATION OF LIABILITY

9.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NUTRA DETECTIVE LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

(a) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
(b) WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF CONTENT, INFORMATION, OR SERVICES;
(c) WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE;
(d) WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES; OR
(e) WARRANTIES REGARDING ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES.

No advice or information, whether oral or written, obtained by you from the Company Parties or through the Services shall create any warranty not expressly stated in these Terms.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:

(a) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

– Loss of profits, revenue, data, or goodwill;
– Loss of business opportunities;
– Loss of use or inability to use the Services;
– Cost of substitute services or products;
– Personal injury or property damage;
– Emotional distress;
– Allergic reactions, adverse health effects, or medical complications;

(b) DAMAGES ARISING FROM:

– Your use of or inability to use the Services;
– Reliance on any content, information, or Health Information provided through the Services;
– Errors, inaccuracies, or omissions in product information, nutritional data, allergen information, or recall data;
– Unauthorized access to or alteration of your data or User Content;
– Statements or conduct of any third party on or through the Services;
– Any products consumed or purchased based on information obtained through the Services;
– Allergic reactions or adverse health effects from consuming products;
– Failure to identify allergens, harmful ingredients, or recalled products;
– Interruption or cessation of the Services;
– Deletion of, corruption of, or failure to store any User Content;
– Any other matter relating to the Services;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.3 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF:

(a) The total amount paid by you to Nutra Detective LLC for use of the Services during the twelve (12) months immediately preceding the event giving rise to the claim; OR
(b) One Hundred Dollars ($100.00 USD).

This limitation of liability applies regardless of the legal theory upon which the claim is based.

9.4 Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth in Sections 9.1, 9.2, and 9.3 may not apply to you. In such jurisdictions, the Company Parties’ liability shall be limited to the greatest extent permitted by law.

9.5 Assumption of Risk

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR:

(a) All decisions regarding food purchases, consumption, and dietary choices made based on information obtained through the Services;
(b) Verifying all product information, ingredients, allergens, and nutritional data before consuming any food product;
(c) Consulting with qualified healthcare professionals regarding your dietary needs, allergies, medical conditions, and health decisions;
(d) Reading and understanding product labels, warnings, and manufacturer information;
(e) Any consequences arising from your use of or reliance on the Services.

9.6 Basis of the Bargain

You acknowledge that the disclaimers and limitations of liability set forth in this Section 9 are fundamental elements of the basis of the bargain between you and Nutra Detective LLC, and that we would not be able to provide the Services on an economically reasonable basis without these limitations.

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10. INDEMNIFICATION

10.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless the Company Parties from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to:

(a) Your access to or use of the Services;
(b) Your violation of these Terms;
(c) Your violation of any rights of another person or entity, including intellectual property rights, privacy rights, or publicity rights;
(d) Your User Content;
(e) Your misuse of product information, Health Information, or other content provided through the Services;
(f) Any negligent, reckless, or intentionally wrongful act or omission by you;
(g) Any claim that your User Content caused damage to a third party;
(h) Your violation of any applicable laws, regulations, or third-party rights;
(i) Any allergic reactions, adverse health effects, injuries, or damages suffered by you or others arising from food consumption decisions made based on the Services;
(j) Any fraudulent, false, or misleading information you provide to the Services.

10.2 Defense and Settlement

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You shall not settle any claim subject to this indemnification obligation without our prior written consent.

10.3 Survival

The indemnification obligations set forth in this Section 10 shall survive the termination or expiration of these Terms and your use of the Services.

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11. DISPUTE RESOLUTION AND ARBITRATION

11.1 Informal Dispute Resolution

Before initiating arbitration or litigation, you agree to first contact us at contact@nutradetective.com and attempt to resolve the dispute informally. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within sixty (60) days of submission, you or we may initiate arbitration as set forth below.

11.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except as expressly provided below, you and Nutra Detective LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (each, a “Dispute”) shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (the “AAA Rules”), as modified by these Terms, rather than in court.

BY AGREEING TO THESE TERMS, YOU AND NUTRA DETECTIVE LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

11.3 Arbitration Procedures

(a) Initiation: To initiate arbitration, you must send written notice to:

Nutra Detective LLC
Attn: Legal Department
9905 S Pennsylvania Ave, Suite A
Oklahoma City, OK 73159

The notice must describe the nature and basis of the Dispute and the specific relief sought. If we are unable to resolve the Dispute within sixty (60) days, either party may commence arbitration.

(b) Arbitration Rules: The arbitration shall be conducted in accordance with the AAA Consumer Arbitration Rules then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.

(c) Arbitrator: The arbitration shall be conducted by a single neutral arbitrator selected in accordance with the AAA Rules. The arbitrator shall be bound by these Terms and must follow applicable law.

(d) Location: The arbitration shall take place in Oklahoma County, Oklahoma, unless the parties agree otherwise. For claims of Ten Thousand Dollars ($10,000.00 USD) or less, the arbitration may be conducted telephonically, by video conference, or based on written submissions, at your option.

(e) Costs: Each party shall be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with the AAA Rules, except that Nutra Detective LLC will reimburse your filing, administrative, and arbitrator fees if:

– Your Dispute seeks less than Ten Thousand Dollars ($10,000.00 USD) in damages; and
– The arbitrator determines that your claim was filed in good faith.

If the arbitrator finds that either the substance of your Dispute or the relief sought is frivolous or brought for an improper purpose, the payment of all fees shall be governed by the AAA Rules. Each party shall bear its own attorneys’ fees and costs unless the arbitrator awards them to the prevailing party as permitted by law.

(f) Decision: The arbitrator shall issue a written decision that includes the essential findings and conclusions upon which the award is based. The arbitrator’s decision shall be final and binding, except for any right of appeal provided by the Federal Arbitration Act.

(g) Confidentiality: The parties agree to keep confidential

the existence of the arbitration, the arbitration proceeding, the hearing, and the arbitrator’s decision, except as necessary to prepare for or conduct the arbitration, or as required by law or to enforce or challenge the award.

11.4 Class Action Waiver

YOU AND NUTRA DETECTIVE LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Unless both you and Nutra Detective LLC agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, class, or consolidated proceeding. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

11.5 Exceptions to Arbitration

Notwithstanding the foregoing, either party may:

(a) Bring an individual action in small claims court if the claim qualifies;
(b) Seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights; or
(c) File suit in court to address a Dispute if the other party fails to initiate or continue arbitration proceedings.

11.6 Governing Law

These Terms and any Dispute shall be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

11.7 Venue

To the extent that the arbitration provision in Section 11.2 does not apply, or if you opt out of arbitration as provided in Section 11.8, you agree that any judicial proceeding to resolve claims relating to these Terms or the Services shall be brought exclusively in the federal or state courts located in Oklahoma County, Oklahoma. You and Nutra Detective LLC consent to the personal jurisdiction of such courts and waive any objection as to inconvenient forum.

11.8 Opt-Out Right

You have the right to opt out of the arbitration provisions set forth in this Section 11 by sending written notice of your decision to opt out to contact@nutradetective.com within thirty (30) days of first accepting these Terms. Your opt-out notice must include your name, address, and a clear statement that you wish to opt out of these arbitration provisions. If you opt out, all other provisions of these Terms shall remain in full force and effect.

11.9 Severability

If any portion of this Section 11 is found to be unenforceable or unlawful for any reason:

(a) The unenforceable or unlawful provision shall be severed from these Terms;
(b) Severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 11 or the parties’ ability to compel arbitration of any remaining claims on an individual basis; and
(c) To the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

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12. TERMINATION

12.1 Termination by You

You may terminate your account at any time by:

(a) Canceling your subscription as set forth in Section 4.7;
(b) Sending a termination request to contact@nutradetective.com; or
(c) Ceasing all use of the Services and uninstalling the App.

Upon termination by you:

– Your access to Legend Detective Tier features will cease at the end of your current paid subscription period;
– You will not receive a refund for any unused portion of your subscription except as provided in Section 4.8;
– Your account data may be deleted in accordance with our data retention policies set forth in our Privacy Policy;
– Sections of these Terms that by their nature should survive termination shall survive.

12.2 Termination by Us

We reserve the right to suspend or terminate your account and access to the Services at any time, with or without cause, with or without notice, effective immediately. Grounds for termination include, but are not limited to:

(a) Violation of these Terms;
(b) Fraudulent, abusive, or illegal use of the Services;
(c) Prolonged inactivity;
(d) Requests by law enforcement or government agencies;
(e) Discontinuation or material modification of the Services;
(f) Unexpected technical or security issues or problems;
(g) Your engagement in conduct that we determine, in our sole discretion, to be harmful to us, other users, or third parties;
(h) Non-payment of fees owed;
(i) For any reason or no reason, at our sole discretion.

Upon termination by us:

– You forfeit any remaining subscription time without refund, except as required by law;
– We may delete your account and User Content immediately;
– We are not liable to you or any third party for any termination of your access to the Services;
(d) You remain liable for all obligations incurred prior to termination.

12.3 Effect of Termination

Upon termination of your account for any reason:

(a) All licenses and rights granted to you in these Terms shall immediately cease;
(b) You must immediately cease all use of the Services and uninstall the App;
(c) We may delete or deactivate your account and User Content, subject to our data retention obligations under applicable law;
(d) We may retain anonymized, aggregated data derived from your use of the Services;
(e) Sections 6 (Intellectual Property), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), 11 (Dispute Resolution), 12.3 (Effect of Termination), and 14 (Miscellaneous) shall survive termination.

12.4 Account Deletion

You may request deletion of your account and associated User Content by contacting us at contact@nutradetective.com. We will process deletion requests within a reasonable time period in accordance with applicable law and our Privacy Policy. Note that:

(a) Some data may persist in backup systems for a limited period;
(b) We may retain certain data as required by law or for legitimate business purposes;
(c) Anonymized, aggregated data may be retained indefinitely;
(d) Deletion may not be reversible.

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13. THIRD-PARTY SERVICES AND LINKS

13.1 Third-Party Services

The Services may integrate with, rely upon, or link to third-party services, websites, applications, databases, and content providers, including but not limited to:

(a) Open Food Facts: Product database and nutritional information;
(b) USDA FoodData Central: Nutritional data;
(c) FDA and USDA: Recall information;
(d) Supabase: Data storage and cloud services;
(e) RevenueCat: Payment processing and subscription management;
(f) Apple App Store and Google Play Store: App distribution and in-app purchase processing;
(g) Analytics providers: Usage analytics and app performance monitoring; and
(h) Other third-party services as we may integrate from time to time.

13.2 Third-Party Terms

Your use of third-party services is subject to the third party’s terms of service and privacy policies. You are responsible for reviewing and complying with all applicable third-party terms. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party services.

13.3 Links to Third-Party Websites

The Services may contain links to third-party websites or resources. These links are provided for your convenience only. We do not endorse and are not responsible or liable for:

(a) The content, accuracy, or opinions expressed on third-party websites;
(b) The privacy practices or terms of use of third-party websites;
(c) Any products, services, or content available through third-party websites;
(d) Any damages or losses caused or alleged to be caused by or in connection with use of third-party websites.

13.4 Availability of Third-Party Services

Third-party services may become unavailable, change their terms, discontinue features, or cease operations at any time. We are not responsible for any interruption, degradation, or unavailability of the Services resulting from third-party service issues.

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14. MISCELLANEOUS PROVISIONS

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any Additional Terms, constitute the entire agreement between you and Nutra Detective LLC regarding the Services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the Services.

14.2 Amendments

We may modify these Terms at any time as provided in Section 1.2. Continued use of the Services following notice of modifications constitutes acceptance of the modified Terms.

14.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

14.4 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent, or if such modification is not possible, such provision shall be severed from these Terms. The validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.

14.5 Assignment

You may not assign, transfer, or delegate these Terms or your

rights and obligations hereunder without our prior written consent. We may assign, transfer, or delegate these Terms and our rights and obligations without restriction. Any attempted assignment by you in violation of this Section shall be null and void. These Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.

14.6 No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you and Nutra Detective LLC. There are no third-party beneficiaries to these Terms.

14.7 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

14.8 Export Control

The Services may be subject to United States export control laws and regulations. You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce and sanctions programs administered by the U.S. Department of Treasury’s Office of Foreign Assets Control. You represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services.

14.9 Electronic Communications

By using the Services, you consent to receiving electronic communications from us, including emails, push notifications, in-app messages, and SMS messages (if you provide your phone number). These communications may include notices about your account, subscription, changes to the Services, and promotional messages. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You may opt out of receiving promotional communications by following the unsubscribe instructions provided in the communication, but you cannot opt out of receiving non-promotional, transactional, or relationship communications (such as subscription renewal notices, account security notifications, or changes to these Terms).

14.10 Notice to California Residents

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 to resolve complaints regarding the Services.

14.11 Notices

All notices to you relating to these Terms shall be delivered by email to the address associated with your account, by in-app notification, or by posting to the Website. Notices to you shall be deemed given twenty-four (24) hours after email is sent or upon posting to the Website or App, unless the sending party is notified that the email address is invalid.

All notices to us relating to these Terms shall be sent to:

Nutra Detective LLC
Attn: Legal Department
9905 S Pennsylvania Ave, Suite A
Oklahoma City, OK 73159
Email: contact@nutradetective.com

Notices to us shall be deemed given when actually received by us in writing.

14.12 Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

14.13 Headings

The section and subsection headings in these Terms are for convenience only and have no legal or contractual effect.

14.14 Interpretation

In these Terms:

(a) The words “include,” “includes,” and “including” shall be deemed to be followed by the phrase “without limitation”;
(b) References to sections are to sections of these Terms unless otherwise specified;
(c) The singular includes the plural and vice versa; and
(d) “Or” is not exclusive.

14.15 Language

These Terms are drafted in English. To the extent any translated version conflicts with the English version, the English version shall control.

14.16 Independent Contractors

Nothing in these Terms shall be deemed to create an agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship between you and Nutra Detective LLC. You and Nutra Detective LLC are independent contractors.

14.17 Apple-Specific Terms

If you access the App through the Apple App Store, the following additional terms apply:

(a) You acknowledge that these Terms are between you and Nutra Detective LLC only, not with Apple, Inc. (“Apple”), and Apple is not responsible for the App or its content;
(b) The license granted to you is limited to a non-transferable license to use the App on an Apple-branded device that you own or control as permitted by Apple’s App Store Terms of Service;
(c) Apple has no obligation to provide maintenance or support services for the App;
(d) Apple is not responsible for addressing any claims you have relating to the App, including product liability claims, claims that the App fails to conform to legal requirements, and claims arising under consumer protection or similar legislation;
(e) In the event of any third-party claim that the App infringes that third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement, or discharge of such claim;
(f) You represent and warrant that: (i) you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties;
(g) Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary; and
(h) You must comply with applicable third-party terms when using the App.

14.18 Google Play-Specific Terms

If you access the App through Google Play, you agree to the Google Play Terms of Service available at https://play.google.com/intl/en_us/about/play-terms/

14.19 Contact Information

If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at:

Nutra Detective LLC
9905 S Pennsylvania Ave, Suite A
Oklahoma City, OK 73159
Email: contact@nutradetective.com
Website: https://nutradetective.com

14.20 Acknowledgment

BY CLICKING “I ACCEPT,” CREATING AN ACCOUNT, DOWNLOADING THE APP, OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

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END OF TERMS OF SERVICE

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