Terms of Service

DailyNourish APP

These DailyNourish App Terms of Service (the “Agreement”) is a binding agreement between you (“End User” or “you”) and Evolution Nutrition, Inc. (“Company”). This Agreement governs your use of the DailyNourish App, (the “App”).

By creating an account and using the app, you (a) acknowledge that you have read and understand this agreement; (b) represent that you are 18 years of age or older; and (c) accept this agreement and agree that you are legally bound by its terms. If you do not agree to these terms, do not use the application, and delete it from your mobile device.

1. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to:

download and use the App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”); and
access and use on such Mobile Device the content and services made available in or otherwise accessible through the App, strictly in accordance with this Agreement.

2. License Restrictions. You shall not:

copy the App, except as expressly permitted by this license;
modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App;
reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof;
rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time;
remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App; or
violate applicable third-party terms of agreement when using the App.

3. Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

4. Collection and Use of Your Information. You acknowledge that when you download, install, or use the App, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of its features or functionality, and the App may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this App is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

5. Geographic Restrictions. The Company and its services are based in the United States and the App is provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.

6. Support and Updates. For any App defects or performance issues, please contact us at [email protected]. Company may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings when your Mobile Device is connected to the internet either:

the App will automatically download and install all available Updates; or
you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.

1. Third-Party Materials. The App may display, include, or make available third-party content (including data, information, applications, and other products, services, or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

2. Term and Termination.

The term of Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or Company as set forth in this
You may terminate this Agreement by deleting the App and all copies thereof from your Mobile Device.
Company may terminate this Agreement at any time without notice, including if it ceases to support the App, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
Upon termination:

all rights granted to you under this Agreement will also terminate; and
you must cease all use of the App and delete all copies of the App from your Mobile Device and account.

Termination will not limit any of Company’s rights or remedies at law or in equity.

3. No Medical Advice.

The App is for informational purposes only and is not a substitute for professional medical advice. The App does not and is not intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease. The App does not offer advice regarding the suitability of any meal plan for any health condition and should not be relied on as a course of treatment for any health condition. The App processes your weight, gender, and other information provided by you to suggest a meal plan generally aligned with your body type. In processing this data, the App has no knowledge of your specific medical history or existing health conditions or other variables that may determine whether a meal plan is medically suitable for you.

Consult with your physician before starting any diet or nutrition program, as changes to your diet or losing weight may affect some medical conditions or medications. Your physician or other qualified healthcare provider can address questions you may have regarding a medical condition and whether a meal plan offered through this App is suitable for you. If any information you receive or obtain from the App is inconsistent with medical advice obtained from your physician, you should follow the advice of your physician.
The Company does not make any guarantee that the information or services obtained through the App will help achieve weight loss or other results.

4. Premium Subscriptions and Services

Our Services include a free Mobile App with limited features ("Basic Service") and premium options with varying capabilities at different subscription levels ("Premium Service"). Using Premium Service is optional and not required to use our Services. However, if you do not have a Premium Service account, you may be unable to use some parts, components, content, features, or resources of our Services. We can remove or adjust any of the Basic Service's capabilities at any time without prior notice to you.
Regardless of whether you utilize the Basic or Premium Service, you must pay for all charges and fees related to accessing and using the Mobile App, including (but not limited to) all phone access lines (including mobile data and data roaming charges, when applicable), telephone and/or internet service provider fees, fees for telephone and computer equipment, sales taxes, and any other essential fees and charges.

5. Fees, Renewal, Cancellations & Refund Policies

a. Agreement to Pay.

If you subscribe to our Premium Service, you agree to the following policies:
1. You are responsible for paying the fixed and periodic charges, including prepaid plan fees or recurring monthly fees, that you selected when subscribing.
2. The Premium Service is for personal use only. Additional charges, fees, and taxes may apply to access Premium Services.

b. Auto-Renewal

Your Premium Service membership will renew automatically for the same duration periods you selected at the time of purchase, at the current subscription rate. No promotions will apply. We will charge your payment method at the start of each renewal period, unless you cancel. If you don't cancel the Premium Services or stop using the paid subscription features, you agree that we can charge you. If your credit or debit account is closed or your payment method is invalid, your subscription won't renew and will be downgraded to the Basic Service when your billing cycle ends. The fee for renewal will typically stay the same as the fee for the previous period, unless we inform you beforehand when you sign up or before the beginning of the renewal period, as outlined above. If you (i) bought a prepay plan for multiple periods, or (ii) were qualified for a promotion but no longer qualify for it, then your subscription will be given to you for renewal at our current regular subscription rates at the beginning of the renewal period. If you want to renew and we have promotional rates available, you need to renew your subscription before your current plan ends. Failing to renew your subscription for any Premium Services before its scheduled expiration date will result in the then-current non-promotional subscription rate being charged.

c. Cancellations

You can end your subscription to our Premium Services anytime by contacting Customer Support or writing to Evolution Nutrition, Inc. at 512 Via De La Valle UNIT 301, Solana Beach, CA 92075, Attention: Customer Support, or through any other method we may provide. will try to process your cancellation within 72 hours after getting your request. We may charge fees or costs that happened before your cancellation. If you stop using the Premium Service, your subscription continues until the end of the current period.

Disclaimer of Warranties. The company does not guarantee the accuracy, completeness, or usefulness of any nutritional information accessible through the application. The application is provided to end user “as is” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the application, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, company provides no warranty or undertaking, and makes no representation of any kind that the application will meet your requirements, achieve any intended results, be compatible, or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

1. Limitation of Liability. You agree to assume all responsibility for your use of the app, any meal plan obtained on or through the app, and any decisions to take or not take action based on any information provided or displayed via the app. Use of the app is solely at your own risk.

To the fullest extent permitted by applicable law, in no event will company or its affiliates, or any of its or their respective licensors or service providers, have any liability arising from or related to your use of or inability to use the application or the content and services for:

Personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, business interruption, computer failure or malfunction, or any other consequential, incidental, indirect, exemplary, special, or punitive damages.
Any health information created by users or made available through the app, and for any information, activities and communications of users through or facilitated by the app.
Direct damages in amounts that in the aggregate exceed the amount actually paid by you for the application.

The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable or company was advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to you.

1. Export Regulation. The App may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the App available outside the US.

2. Your Legal Compliance. You represent and warrant that (a) you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

3. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

4. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in Los Angeles County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

5. Limitation of Time to File Claims. Any cause of action or claim you may have arising out of or relating to this agreement or the application must be commenced within one year after the cause of action accrues otherwise such cause of action or claim is permanently barred.

6. Entire Agreement. This Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App.

7. Apple Terms. You acknowledge that Apple Inc. is not a party to this Agreement and bears no responsibility for, nor has any obligation to furnish maintenance or support services for the App. Further, Apple is not responsible for addressing any claims by you or any third party relating to the App or your use of the App, including claims regarding intellectual property rights. You further acknowledge and agree that Apple, and its subsidiaries, are third party beneficiaries to this Agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you.

8. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

9. Contact Information. This App is operated by Evolution Nutrition, Inc., 512 Via de la Valle, Suite 301 Solana Beach, CA 92075. All feedback, comments, requests for technical support, and other communications relating to the App should be directed to [email protected].

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