MenuFit Terms of Service

1. Eligibility

You must be legally capable of entering into a binding agreement to use the Services. If you are under the age of majority where you live, you may use the Services only with the involvement and consent of a parent or legal guardian.

You may not use the Services if your use would violate applicable law.

2. What MenuFit Does

MenuFit provides technology designed to help users identify restaurant menu items and make food choices based on information such as personal preferences, dietary preferences or restrictions, fitness goals, age, body metrics and other information provided by users or obtained through the Services.

MenuFit may use artificial intelligence, algorithms, automated systems, third-party information and other technologies to analyze restaurant menus and generate or rank meal recommendations, estimated nutritional information and other content.

MenuFit is a technology and wellness service. MenuFit is not a medical provider, dietitian, nutritionist, healthcare provider or restaurant, and the Services do not constitute medical, nutritional, dietetic or other professional healthcare advice.

3. Important Health and Nutrition Disclaimer

THE SERVICES ARE PROVIDED FOR GENERAL INFORMATIONAL, EDUCATIONAL AND WELLNESS PURPOSES ONLY.

MenuFit does not provide medical advice, diagnosis or treatment. Nothing available through the Services should be interpreted as a recommendation regarding the diagnosis, treatment, prevention or management of any disease, disorder or health condition.

Meal recommendations, calorie estimates, macronutrient information, dietary information, fitness-related recommendations and other information provided through MenuFit should not replace advice from a physician, registered dietitian or other qualified healthcare professional.

You should consult an appropriate healthcare professional before making material changes to your diet, particularly if you:

• have a medical condition;
• have food allergies or intolerances;
• are pregnant or nursing;
• have an eating disorder or history of disordered eating;
• take medications affected by diet;
• have diabetes, cardiovascular disease, kidney disease, metabolic conditions or other health conditions; or
• have other circumstances requiring medically supervised nutrition.

Never disregard professional medical advice or delay seeking medical advice because of information provided through MenuFit.

If you believe you are experiencing a medical emergency, seek immediate medical attention.

4. Nutrition, Menu and Restaurant Information May Be Inaccurate

YOU SHOULD NOT RELY ON MENUFIT AS THE SOLE SOURCE FOR NUTRITIONAL, INGREDIENT, ALLERGEN OR RESTAURANT INFORMATION.

Restaurant menus, recipes, ingredients, serving sizes and preparation methods can change without notice and may vary by restaurant, location, employee, supplier or order customization.

Calories, macronutrients, ingredients, portion sizes and other nutritional information displayed through the Services may be obtained from restaurants, third-party databases, publicly available sources, automated systems, artificial intelligence or estimates. Such information may be incomplete, outdated, estimated or inaccurate.

MenuFit does not independently prepare, inspect or verify restaurant food and cannot guarantee the accuracy or completeness of restaurant information.

Actual nutritional content may differ materially from information displayed through the Services.

You remain responsible for evaluating whether any food or meal is appropriate for you.

5. Food Allergies and Dietary Restrictions

DO NOT RELY SOLELY ON MENUFIT TO DETERMINE WHETHER A FOOD IS SAFE FOR AN ALLERGY, INTOLERANCE OR OTHER DIETARY RESTRICTION.

Although MenuFit may permit you to identify allergies, dietary restrictions, foods to avoid or other preferences, we cannot guarantee that any recommendation is free of a particular ingredient or allergen.

Restaurants may change ingredients or preparation practices without notice, and cross-contact or cross-contamination may occur during preparation, cooking, storage or service.

If you have a food allergy, intolerance, celiac disease or other condition that may cause an adverse reaction, you should independently verify ingredients and preparation practices directly with the restaurant before ordering or consuming any food.

MenuFit is not responsible for allergic reactions, foodborne illness, cross-contamination, inaccurate restaurant information or other consequences arising from food ordered or consumed based on information appearing through the Services.

6. Artificial Intelligence and Automated Recommendations

Certain features of the Services use artificial intelligence, machine learning, algorithms or other automated technologies (“AI Features”).

AI-generated or AI-assisted information may contain errors, omissions, inaccuracies or unexpected results. AI systems may generate information that appears accurate but is incorrect.

MenuFit does not represent or warrant that any AI-generated recommendation, ranking, analysis or other output is accurate, complete, current, appropriate for you or suitable for any particular purpose.

You are responsible for evaluating information generated through AI Features and exercising independent judgment before relying upon or acting on it.

7. No Guaranteed Results

MenuFit does not guarantee any particular health, fitness, weight-loss, weight-gain, muscle-building, nutritional or other result.

Individual results vary based on numerous factors outside MenuFit's control, including food preparation, portion sizes, metabolism, activity, medical conditions, adherence and other lifestyle factors.

Statements concerning potential outcomes or results are illustrative only and are not guarantees.

8. Accounts

Certain features may require an account.

You agree to provide accurate and current information and to update your information when necessary. You are responsible for maintaining the confidentiality of your account credentials and for activity occurring through your account.

You may not impersonate another person, create an account using false information, or permit unauthorized persons to access your account.

Notify us promptly if you believe your account has been compromised.

9. Subscriptions, Billing and Cancellation

Certain features may require a paid subscription.

Subscription pricing, billing period, trial terms and other material terms will be disclosed to you before purchase.

Unless otherwise disclosed at purchase, paid subscriptions are automatically recurring and will continue until canceled. Your payment method will be charged at the beginning of each applicable billing period in accordance with the terms presented at purchase.

If you purchase through the Apple App Store, Google Play or another third-party platform, your purchase, billing, cancellation and refund rights may also be governed by that platform's applicable terms.

You may cancel an auto-renewing subscription through the platform through which you purchased it. Cancellation generally prevents future renewal but does not retroactively refund amounts already paid except where required by law or applicable platform rules.

MenuFit may change subscription offerings or pricing prospectively, subject to applicable law and platform requirements.

10. License to Use the Services

Subject to these Terms, MenuFit grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Services solely for your personal, noncommercial use.

No ownership interest in the Services or MenuFit intellectual property is transferred to you.

11. Prohibited Uses

You may not:

• copy, reproduce, distribute, sell or commercially exploit the Services or their content except as expressly permitted;
• scrape, crawl, harvest or use automated means to obtain data from the Services;
• reverse engineer, decompile or attempt to derive source code except where such restriction is prohibited by law;
• circumvent security or access controls;
• probe, scan or test vulnerabilities without authorization;
• interfere with the operation or security of the Services;
• access the Services to develop, train or improve a competing product, service, model or dataset;
• use the Services or their content for unlawful, fraudulent or abusive purposes;
• impersonate another person or misrepresent your affiliation with any person or entity; or
• assist another person in doing any of the foregoing.

12. Intellectual Property

The Services, including their software, design, interfaces, databases, text, graphics, logos, trademarks, algorithms, compilations and other content, are owned by or licensed to MenuFit and are protected by applicable intellectual-property laws.

“MenuFit,” its logos and related branding are trademarks or proprietary identifiers of MenuFit. Nothing in these Terms grants you a right to use them except as necessary to use the Services.

13. Restaurants and Third Parties

MenuFit is an independent service and is not a restaurant.

Unless expressly stated otherwise, MenuFit is not affiliated with, sponsored by or endorsed by restaurants, restaurant chains or brands identified through the Services.

Restaurant names, logos, menu items and other third-party trademarks belong to their respective owners and are used for identification and informational purposes.

The Services may contain information obtained from or links to third parties. MenuFit does not control and is not responsible for third-party products, services, websites, content, privacy practices or conduct.

14. Privacy

Our collection, use and disclosure of personal information is described in our Privacy Policy.

By using the Services, you acknowledge that you have reviewed the Privacy Policy.

15. Changes to the Services

We may add, remove, modify, suspend or discontinue features or portions of the Services from time to time.

We do not guarantee that any particular feature, restaurant, menu item, recommendation or other content will remain available.

16. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL INFORMATION, RECOMMENDATIONS, AI OUTPUTS, RESTAURANT INFORMATION, NUTRITIONAL INFORMATION AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MENUFIT DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY AND SECURITY.

WITHOUT LIMITING THE FOREGOING, MENUFIT DOES NOT WARRANT THAT THE SERVICES OR ANY INFORMATION PROVIDED THROUGH THEM WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, UNINTERRUPTED OR SUITABLE FOR YOUR PARTICULAR HEALTH, DIETARY OR FITNESS NEEDS.

Some jurisdictions do not permit certain warranty disclaimers, so some of the foregoing may not apply to you.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MENUFIT AND ITS OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL OR SIMILAR LOSSES ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MENUFIT'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO MENUFIT FOR THE SERVICES DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) $100.

The foregoing limitations apply to the fullest extent permitted by applicable law.

18. Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless MenuFit and its affiliates, officers, directors, employees, contractors and agents from claims, liabilities, damages, losses and reasonable costs and expenses arising out of or relating to your unlawful or unauthorized use of the Services, your violation of these Terms, or your violation of another person's rights.

19. Dispute Resolution; Mandatory Binding Individual Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES YOU AND MENUFIT TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

To the fullest extent permitted by applicable law, any dispute, claim or controversy arising out of or relating to these Terms, the Services, your use of the Services or your relationship with MenuFit must be resolved exclusively through binding arbitration on an individual basis and may not be brought in court.

The only exceptions are claims by MenuFit seeking temporary, preliminary or permanent injunctive or equitable relief relating to infringement or misappropriation of intellectual property, unauthorized access to or misuse of the Services, breach of confidentiality obligations, fraud or other conduct for which monetary damages would not provide an adequate remedy.

Informal Resolution

Before commencing arbitration, the party asserting a claim must provide the other party with written notice describing the dispute, the factual basis for the claim and the relief requested and allow at least thirty (30) days to attempt to resolve the dispute informally.

Arbitration

If the dispute is not resolved during the informal-resolution period, either party may commence arbitration administered by the American Arbitration Association (“AAA”) under the AAA rules applicable to the dispute, as modified by these Terms.

Unless MenuFit and the claimant otherwise agree in writing, all arbitration proceedings will be conducted remotely by videoconference, telephone, written submissions or other electronic means. No party will be required to travel or personally appear at any physical arbitration hearing except to the extent required by applicable law.

For purposes of determining the legal situs of the arbitration, the arbitration will be deemed to take place in Miami-Dade County, Florida, regardless of the physical location of the parties, arbitrator or witnesses or the means by which the arbitration is conducted.

The arbitrator will have authority to resolve disputes concerning the interpretation, applicability or enforceability of these Terms and this arbitration provision, except that any dispute concerning the enforceability of the class-action waiver in Section 20 will be decided by a court of competent jurisdiction.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

Fees and Attorneys’ Fees

Except where prohibited by applicable law or the applicable arbitration rules, the prevailing party will be entitled to recover its reasonable attorneys’ fees, arbitration fees and costs from the non-prevailing party.

The arbitrator will determine which party, if any, is the prevailing party and the amount of recoverable fees and costs. The arbitrator may also award attorneys’ fees and costs against a party that brings or maintains a claim or defense that is frivolous, brought in bad faith or pursued for an improper purpose, to the fullest extent permitted by law.

Exclusive Dispute-Resolution Procedure

Arbitration under this Section is the exclusive means of resolving disputes covered by this Section. Neither you nor MenuFit may elect to bring such a dispute in small claims court or any other court merely because the claim would otherwise qualify for that forum.

To the extent a dispute is determined not to be subject to arbitration, or court proceedings are otherwise permitted under these Terms, the exclusive jurisdiction and venue for such proceedings will be the state courts located in Miami-Dade County, Florida and the United States District Court having jurisdiction over Miami-Dade County, Florida, and each party consents to the personal jurisdiction of such courts, subject only to any non-waivable rights under applicable law.

20. Class Action and Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND MENUFIT AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL PROCEEDING.

Unless MenuFit expressly agrees otherwise, an arbitrator may not consolidate the claims of more than one person or preside over any class, collective or representative proceeding.

TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY.

If applicable law prohibits enforcement of a particular portion of this Section, that portion will be severed or modified only to the minimum extent necessary, and the remainder will remain effective.

21. Governing Law

These Terms and any dispute, claim or controversy arising out of or relating to these Terms, the Services or your relationship with MenuFit will be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in Section 19.

The choice of Florida law is subject to any non-waivable rights or protections afforded to you under applicable law. Nothing in these Terms is intended to waive or limit any right or protection that cannot lawfully be waived by agreement.

22. Termination

We may suspend or terminate access to the Services if you violate these Terms, create risk or potential legal exposure for MenuFit or other users, or misuse the Services.

You may stop using the Services at any time.

Sections that by their nature should survive termination will survive, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification and dispute resolution.

23. Changes to These Terms

We may update these Terms from time to time.

If we make material changes, we may provide notice through the Services, by email or by other reasonable means as required by applicable law.

The “Last Updated” date above identifies when these Terms were most recently revised.

24. General Terms

These Terms and the Privacy Policy constitute the agreement between you and MenuFit concerning the Services, except for additional terms expressly presented to and accepted by you.

If a provision is held unenforceable, it will be modified or severed to the minimum extent necessary, and the remaining provisions will remain effective.

Our failure to enforce a provision is not a waiver.

You may not assign your rights under these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets or otherwise as permitted by law.