TERMS OF USE

Effective Date: 2025-03-01

By using RxFood’s Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

INTRODUCTION AND CONTACT DETAILS

Welcome to RxFood (“we,” “us,” or “our”). We provide software and services enabling users to submit meal logs and other data for nutritional analysis and reporting. Our Services often operate under a B2B2C model, where businesses and healthcare organizations may register or manage user accounts to help facilitate patient or client care. Depending on the arrangement, these organizations may or may not have access to your data. If you have questions about data access, please contact the relevant organization or see our Privacy Policy at https://rxfood.co/privacy-policy.

RxFood Incorporated.

901-111 Peter St, Toronto ON M5V1HS

Email: support@rxfood.com

ACCEPTANCE OF TERMS

These Terms of Use (the “Terms”) govern your access to and use of our websites, mobile applications, and any related online areas, as well as all functionalities, services, and tools provided by RxFood (collectively, the “Services”). Your use of our Services is subject to these Terms and our Privacy Policy. If you do not agree with these Terms, you must discontinue using our Services immediately.

ELIGIBILITY

You represent and warrant that you are at least 18 years old (or of the age of majority where you reside). If you are under 18, a parent or guardian must read and agree to these Terms on your behalf. If you are using the Services on behalf of an organization (for example, a healthcare provider or business), you represent and warrant that you have authority to bind that organization to these Terms.

KEY PRIVACY REGULATIONS (HIPAA, GDPR, PIPEDA, CPRA)

  1. HIPAA (U.S. Healthcare). Certain healthcare providers using RxFood may be “Covered Entities” under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). RxFood may act as a “Business Associate.” If PHI is transferred to or from RxFood, a valid Business Associate Agreement (BAA) must be in place before PHI is exchanged. We primarily use aggregated or de-identified data that does not allow an individual to be re-identified. We do not share personally identifiable PHI without an appropriate HIPAA-compliant authorization or BAA.

  2. GDPR (European Economic Area, UK, Switzerland). If you are in these regions or otherwise interact with RxFood from these regions, the General Data Protection Regulation (GDPR) and local laws (including the UK GDPR) may apply. We rely on consent, legitimate interests, or other lawful bases to collect and process personal data. We endeavor to collect only the data needed. Where possible, we aggregate or de-identify data. If GDPR applies, you may have rights to access, correct, or request deletion of your personal data. See our Privacy Policy or contact us for details.

  3. PIPEDA (Canada). If you reside in Canada, we comply with the Personal Information Protection and Electronic Documents Act (PIPEDA) and any relevant provincial privacy legislation. By using our Services, you consent to the collection, use, and disclosure of your personal information in accordance with these Terms and our Privacy Policy. Under PIPEDA, you have the right to access and correct your personal information by contacting us.

  4. CPRA (California, USA). If you are a California resident, the California Privacy Rights Act (CPRA) may grant you additional rights regarding your personal information. Subject to certain limitations, you may have the right to know what personal information we collect, delete or correct that information, opt out of its sale or sharing, and not be discriminated against when exercising these rights. We do not sell personal information that directly identifies you. We only share aggregated or de-identified information for permissible business purposes. If you wish to exercise any CPRA rights, see our Privacy Policy or contact us.

REGISTRATION AND ACCOUNT SECURITY

You must provide a valid email address to create a user account (the “RxFood User ID”). You agree to provide accurate, current, and complete information. You are responsible for safeguarding your RxFood User ID. Notify us immediately if you suspect any unauthorized use. You may not share your account credentials with anyone except if you are a legal guardian of a minor under 18, in which case you may access or manage the minor’s account. You remain responsible for any actions taken under your account.

DESCRIPTION OF SERVICES

  1. Nutritional Analysis. We collect and analyze user-submitted meal logs to generate personalized nutrition reports.

  2. Healthcare Collaboration (B2B2C). We may partner with businesses, healthcare providers, or other organizations that register or manage user accounts. Depending on the arrangement, these organizations may or may not have access to user data. If you have questions about data access, please inquire with them or refer to our Privacy Policy.

  3. No Medical Advice. Information provided through our Services is for general informational purposes only. RxFood is not a healthcare provider and does not offer medical advice, diagnosis, or treatment. Always seek advice from a qualified medical professional for health-related questions or concerns.

USER CONDUCT AND RESPONSIBILITIES

By using our Services, you agree not to: (a) violate any applicable laws or regulations; (b) infringe intellectual property or other rights of third parties; (c) post or transmit content that is harassing, defamatory, or otherwise objectionable; (d) interfere with or compromise the integrity or performance of the Services (for example, hacking or distributing malware); (e) impersonate any person or entity, or misrepresent your affiliation; (f) attempt to re-identify aggregated or de-identified data or otherwise engage in data mining that could identify individuals, or (g) no Reverse Engineering of User Identity - where data is aggregated or de-identified, RxFood takes commercially reasonable measures to prevent re-identification. If you receive aggregated or de-identified data through our Services, you agree not to attempt to reverse engineer or otherwise recreate the identities of individual users.

PRIVACY, DATA PROTECTION, AND DATA RETENTION POLICY

  1. Privacy Policy. Please refer to our Privacy Policy at https://rxfood.co/privacy-policy for details on how we collect, use, share, and protect personal information. By using our Services, you agree to our data handling practices, including the use of aggregated or de-identified data for analytics or other legitimate purposes.

  2. Data Retention. We retain personal information only as long as it is reasonably necessary to provide the Services, comply with legal and regulatory obligations, resolve disputes, or enforce agreements. Once no longer needed, we may securely dispose of or de-identify the data in accordance with industry best practices and applicable regulations. If you wish to request deletion or de-identification of personal data sooner, please refer to the procedures in our Privacy Policy. We will consider such requests in accordance with applicable law.

USER SUBMISSIONS AND LICENSE

  1. User Submissions. This includes meal logs, text, images, feedback, or other materials you provide to RxFood.

  2. License Grant. By providing User Submissions, you grant RxFood a worldwide, non-exclusive, royalty-free, irrevocable, sublicensable, and transferable license to: (a) use, reproduce, modify, adapt, publish, distribute, and create derivative works from your User Submissions to provide, maintain, and improve our Services; and (b) share or sell aggregated or de-identified data (derived from your User Submissions) for lawful business or research purposes, as long as it cannot be used to identify you personally.

  3. Ownership. You retain all ownership rights in your User Submissions, subject to the license granted above.

INTELLECTUAL PROPERTY RIGHTS

  1. RxFood Materials. All text, logos, software, graphics, and other content provided by RxFood (the “RxFood Content”) are protected by intellectual property laws.

  2. Usage Restrictions. You may not copy, distribute, or create derivative works from RxFood Content without our written consent.

THIRD-PARTY SERVICES AND LINKS

Our Services may contain links to third-party websites. We do not control or endorse the content or privacy practices of external platforms. Links to third-party sites do not imply endorsement by RxFood.

DISCLAIMERS

  1. As-Is Basis. The Services are provided “as is” and “as available.” We do not guarantee uninterrupted, secure, or error-free operation.

  2. No Warranties. To the fullest extent permissible by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

  3. No Medical Advice. Nutritional or health-related information on our platform is not a substitute for professional healthcare advice.

LIMITATION OF LIABILITY

  1. No Indirect Damages. RxFood and its affiliates are not liable for any indirect, incidental, special, or punitive damages arising out of or related to your use of the Services.

  2. Liability Cap. RxFood’s total liability will not exceed (a) the amount you paid to RxFood in the preceding 12 months, or (b) $100, whichever is greater.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless RxFood, its officers, employees, and agents from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from or related to (a) your misuse of the Services; (b) your violation of these Terms; or (c) your infringement of any intellectual property or other rights of a third party.

TERMINATION

  1. User Termination. You may discontinue using the Services at any time. To close your account, contact us at support@rxfood.com.

  2. RxFood Termination. We may suspend or terminate your access if you breach these Terms or engage in prohibited conduct.

  3. Survival. Provisions regarding data protection, IP rights, warranty disclaimers, liability limitations, and dispute resolution survive termination.

DISPUTE RESOLUTION AND GOVERNING LAW

  1. Governing Law. These Terms are governed by the laws of the jurisdiction in which RxFood is headquartered, without regard to its conflict-of-law principles.

  2. Arbitration. Any dispute arising from these Terms or the Services shall be settled by binding arbitration in [Insert Location], in accordance with the rules of a recognized arbitration association.

  3. Injunctive Relief. Either party may seek injunctive or equitable relief in a court of competent jurisdiction.

CHANGES TO THE TERMS

We may revise these Terms at any time. If we make significant changes, we will notify you (for example, via email or a prominent notice on our website). Your continued use of the Services after changes become effective indicates your acceptance of the revised Terms.

MISCELLANEOUS

  1. Entire Agreement. These Terms and our Privacy Policy constitute the entire agreement between you and RxFood regarding the Services.

  2. Assignment. You may not assign or transfer these Terms without our written consent. RxFood may assign or transfer these Terms freely.

  3. Severability. If any provision is found invalid or unenforceable, the remaining provisions remain in full force.

  4. No Waiver. RxFood’s failure to enforce any right or provision does not constitute a waiver.

  5. No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights unless expressly stated.

CONTACT US

If you have questions or concerns about these Terms and Conditions, please contact us at: support@rxfood.com.

By using RxFood’s Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.