Terms and Conditions

FoodPharmacy™ by Intelligent Technologies.ai, LLC

Last Updated: December 18, 2024

Table of Contents

1. Agreement Between User and FoodPharmacy

Welcome to FoodPharmacy™. The websites https://foodpharmacy.com and https://foodpharmacy.ai (collectively, the "Sites") are comprised of various web pages, online interfaces, and properties (including websites, subscription services, web applications, and mobile applications) operated by Intelligent Technologies.ai, LLC ("FoodPharmacy," "we," "us," or "our").

The Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Sites constitutes your agreement to all such Terms. Please read these Terms carefully and keep a copy of them for your reference.

2. Service Description

FoodPharmacy™ is an information and software technology service website, online interface, SaaS (Software as a Service), web application, and mobile application used as tools by healthcare practitioners, nutritional professionals, health coaches, and wellness educators to provide personalized nutrition guidance to their clients.

The platform provides:

3. Medical Disclaimer

IMPORTANT MEDICAL DISCLAIMER

THESE WEBSITES AND APPLICATIONS AND THE STATEMENTS MADE HAVE NOT BEEN EVALUATED BY THE FDA (FEDERAL DRUG ADMINISTRATION). THESE WEBSITES AND APPLICATIONS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD CONTACT EMERGENCY SERVICES IMMEDIATELY.

In all cases, users are advised to evaluate and rely on their own judgment regarding this product or application for specific needs. The material provided in the application and the websites is for informational and educational purposes only and is not intended as a substitute for medical advice from a qualified healthcare professional.

FoodPharmacy and Intelligent Technologies.ai, LLC make no warranties as to the application of these principles to any particular user or condition. Persons with particular medical or nutritional issues should consult their healthcare provider before making dietary changes. All clinical decisions and patient care remain the sole responsibility of the qualified healthcare practitioner.

You acknowledge that FoodPharmacy is a tool for use by qualified healthcare practitioners and that all health-related decisions should be made in consultation with appropriate medical professionals. We do not provide medical advice, diagnosis, or treatment.

4. Professional Partner Program

4.1 Program Overview

FoodPharmacy offers a Professional Partner Program that allows individual healthcare practitioners, nutritionists, health coaches, and wellness professionals to earn commissions by referring other practitioners to FoodPharmacy.

4.2 Eligibility

The Professional Partner Program is open to individual practitioners who:

4.3 Commission Structure

Professional Partners earn commissions based on an escalating tier structure*:

Important: Commission tiers are non-retroactive. Each referred subscriber earns commission at the tier rate that was active when that subscriber was acquired. For example, if you have 13 paying subscribers, subscribers 1-9 earn 25% commission each, while subscribers 10-13 earn 30% commission each.

4.4 Payment Terms

4.5 Promotional Codes

Professional Partners may create personalized promotional codes offering discounts to referred practitioners. FoodPharmacy determines which discount percentages (typically 20-50%) are available at any given time, and partners select from currently available options.

4.6 Partner Responsibilities

Professional Partners agree to:

4.7 Earnings Disclaimer

* Commission earnings are based on active paying subscribers. Actual earnings will vary based on referral activity, subscriber retention, and other factors. No income guarantee is made or implied. "Recurring" refers to the potential to earn commissions monthly for as long as referred practitioners maintain active paid subscriptions.

5. Organization Partnership Program

5.1 Program Overview

FoodPharmacy offers an Organization Partnership Program exclusively for established professional organizations serving healthcare practitioners, including professional associations, certification bodies, training programs, and membership organizations.

5.2 Eligibility and Application

To be eligible for the Organization Partnership Program, organizations must:

FoodPharmacy reserves the right to accept or reject any Partnership Application in its sole discretion. Approval may be conditioned upon providing additional information or meeting specific requirements.

5.3 Commission Structure

Approved partner organizations may earn commissions through two mechanisms*:

5.3.1 Direct Referral Commission

Organizations earn commission on each direct member referral that subscribes to FoodPharmacy using the organization's unique promotional code. Commission rates follow an escalating tier structure (non-retroactive):

Important: Commission tiers are non-retroactive. Each subscriber earns commission at the tier rate that was active when that subscriber count was reached. For example, if your organization has 50 active subscribers, subscribers 1-9 earn 25% each, subscribers 10-19 earn 30% each, and subscribers 20-50 earn 35% each.

5.3.2 Organization Support Bonus

Organizations earn an additional 10% Organization Support Bonus (override) on subscriptions generated by their downstream network. This includes members who were referred by the organization, and any subsequent referrals made by those members, to unlimited network depth.

5.3.3 Commission Modifications

All commission rates are subject to the terms of the formal Partnership Agreement executed between the organization and FoodPharmacy. Commission rates, structures, and eligibility criteria may be modified with 30 days' written notice to partner organizations.

5.4 Payment Terms

Commissions are calculated monthly and paid 15 days following the end of each calendar month, subject to the following conditions:

Partner organizations are solely responsible for all taxes, fees, and withholdings associated with commission payments, including but not limited to income tax, self-employment tax, sales tax, and any applicable state or local taxes.

5.5 Promotional Codes and Member Benefits

Approved partners will receive unique promotional codes offering discounts (typically 20-50%) to their members on FoodPharmacy subscriptions. FoodPharmacy determines which discount percentages are available at any given time (e.g., 50% codes may be available during special promotions but not year-round). Partners may:

Partners agree that all promotional activities will comply with applicable laws, including FTC disclosure requirements, truth-in-advertising laws, and anti-spam regulations.

5.6 Program Restrictions and Prohibited Conduct

The Organization Partnership Program is NOT a multilevel marketing (MLM) program, pyramid scheme, or business opportunity offering. Organizations may not:

Violation of these restrictions may result in immediate termination of partnership status, forfeiture of unpaid commissions, and potential legal action.

5.7 Independent Contractor Relationship

Partner organizations are independent contractors and not employees, agents, joint venturers, or partners of FoodPharmacy or Intelligent Technologies.ai, LLC. Partners are solely responsible for:

Nothing in the Partnership Program creates an employment relationship, agency relationship, or joint venture between the parties.

5.8 Termination of Partnership

Either party may terminate the Partnership relationship at any time with written notice. FoodPharmacy may terminate a partnership immediately for cause, including but not limited to:

Upon termination, partners will receive payment for earned commissions through the last complete billing period, subject to any offsets for refunds, chargebacks, or policy violations. Promotional codes will be deactivated, and organizations must cease all promotional activities using FoodPharmacy branding.

5.9 Partnership Agreement

Organizations approved for the Partnership Program must execute a formal Partnership Agreement containing additional terms specific to their partnership. In the event of any conflict between these Terms and the Partnership Agreement, the Partnership Agreement shall control with respect to partnership-related matters. View the complete Partnership Agreement.

5.10 No Guarantee of Results

* FoodPharmacy makes no guarantees regarding income, earnings, commissions, or financial results from participation in the Partnership Program. Actual results will vary significantly based on numerous factors including but not limited to: network size, member engagement, retention rates, promotional efforts, market conditions, and competitive factors.

Any revenue projections, calculators, or examples provided are for illustrative purposes only and do not constitute a guarantee, promise, or representation of actual earnings. Past performance is not indicative of future results. Commission earnings are contingent on active paid subscriptions and are subject to all terms and conditions herein.

6. Privacy and Data Protection

Your use of the Sites is subject to FoodPharmacy's Privacy Policy. Please review our Privacy Policy, which also governs the Sites and informs users of our data collection practices.

FoodPharmacy takes data security seriously and implements appropriate technical and organizational measures to protect user data. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

Healthcare practitioners who use FoodPharmacy to manage client information are responsible for complying with all applicable laws and regulations regarding the protection of health information, including maintaining appropriate safeguards and obtaining necessary authorizations from their clients.

7. Electronic Communications

Visiting the Sites or sending emails to FoodPharmacy constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Sites, satisfy any legal requirement that such communications be in writing.

8. Your Account

If you use the Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password.

You may not use another person's account without permission. When creating your account, you must provide accurate and complete information. You have the sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Sites.

FoodPharmacy reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

9. Children Under Thirteen

FoodPharmacy does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Sites only with permission of a parent or guardian.

If you are a parent or guardian and believe that your child under 13 has provided personal information to us, please contact us at info@foodpharmacy.com so that we can delete such information.

10. Billing and Subscriptions

10.1 $1 Trial

Your FoodPharmacy subscription begins with a 7-day trial. By providing your payment details and consenting at signup, you agree to a one-time, non-refundable charge of $1.00 for a 7-day trial period to access the service. This $1 charge grants you full access to FoodPharmacy for 7 days.

10.2 Automatic Renewal Billing

After your 7-day trial period ends, your subscription will automatically renew and convert to a recurring monthly plan at the tier you selected during signup. You authorize us to charge your payment method on file for the applicable monthly subscription fee.

Your subscription will continue to automatically renew on a monthly basis, and your payment method will be charged each month unless you cancel your subscription before the renewal date.

10.3 Payment Method

All payments are processed through our third-party payment processor, Stripe. You are responsible for providing a valid and current payment method. You may find your billing information and manage your subscription through your account dashboard or Subscription Management page.

10.4 Price Changes

FoodPharmacy reserves the right to change subscription plans, pricing, or tiers at any time. We will provide you with reasonable notice of any pricing changes. If you do not agree to the new pricing, you may cancel your subscription before the changes take effect.

10.5 Failed Payments

If a payment fails or is declined, we may attempt to charge your payment method again. If payment continues to fail, your account may be suspended or terminated. You remain responsible for any uncollected amounts.

11. Cancellation and Refund Policy

11.1 Cancellation

You may cancel your subscription at any time with one click from your dashboard or Subscription Management page. Your cancellation will be effective immediately, and you will not be charged again for future billing periods.

11.2 Access After Cancellation

Following any cancellation, you will continue to have access to your FoodPharmacy account and its features for the remainder of your paid billing period (including the 7-day trial). After this period ends, access will be revoked, though your account data may be retained in accordance with our Privacy Policy and applicable data retention requirements.

11.3 No Refunds

Subscription payments, including the initial $1 trial fee, are non-refundable. There are no refunds or credits for partial months of service, unused subscription periods, or accidental renewals. By subscribing, you acknowledge and agree to this no-refund policy.

If you believe you were charged in error, please contact us at info@foodpharmacy.com within 7 days of the charge, and we will review your case.

12. Account Security and Passwords

The account holder/subscriber, whose payment method is charged, is the responsible party for their FoodPharmacy account. It is the account holder's responsibility to protect their account and patient/client data by:

You are responsible for all activities that occur under your account. FoodPharmacy is not liable for any loss or damage arising from your failure to maintain account security.

13. Links to Third Party Sites and Services

The Sites may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of FoodPharmacy, and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.

We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FoodPharmacy of the site or any association with its operators.

Certain services made available via the Sites are delivered by third party sites and organizations. By using any product, service, or functionality originating from the Sites, you hereby acknowledge and consent that FoodPharmacy may share such information and data with any third party with whom FoodPharmacy has a contractual relationship to provide the requested product, service, or functionality.

14. Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Sites strictly in accordance with these Terms. As a condition of your use of the Sites, you warrant that you will not use the Sites for any purpose that is unlawful or prohibited by these Terms.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Sites, is the property of FoodPharmacy, Intelligent Technologies.ai, LLC, or its suppliers and is protected by copyright, trademark, and other intellectual property laws.

The FoodPharmacy™ name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Intelligent Technologies.ai, LLC or its affiliates or licensors. You must not use such marks without our prior written permission.

You may not:

15. Prohibited Use

You agree not to use the Sites:

We reserve the right to terminate your use of the Sites for violating any of the prohibited uses.

16. Disclaimer of Warranties

THE SITES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES ARE PROVIDED BY FOODPHARMACY ON AN "AS IS" AND "AS AVAILABLE" BASIS.

FOODPHARMACY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FOODPHARMACY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

FOODPHARMACY DOES NOT WARRANT THAT THE SITES, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES, THEIR SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM FOODPHARMACY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

FOODPHARMACY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOODPHARMACY, INTELLIGENT TECHNOLOGIES.AI, LLC, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SITES.

IN NO EVENT SHALL FOODPHARMACY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITES OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

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 MAY NOT APPLY TO YOU.

18. Indemnification

You agree to indemnify, defend, and hold harmless FoodPharmacy, Intelligent Technologies.ai, LLC, and our respective officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from:

FoodPharmacy reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with FoodPharmacy in asserting any available defenses.

19. Termination

FoodPharmacy may terminate or suspend your access to the Sites immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Sites will immediately cease. If you wish to terminate your account, you may simply discontinue using the Sites or cancel your subscription.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

20. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the State of Pennsylvania, United States, without regard to its conflict of law provisions.

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Pennsylvania, using the English language in accordance with the Arbitration Rules and Procedures of the American Arbitration Association, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

21. Changes to Terms

FoodPharmacy reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect.

What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Sites after those revisions become effective, you agree to be bound by the revised terms.

We encourage you to review these Terms periodically for any changes. The "Last Updated" date at the top of this page indicates when these Terms were last revised.

22. Contact Information

If you have any questions about these Terms, please contact us:

Intelligent Technologies.ai, LLC
Email: info@foodpharmacy.com
Website: https://foodpharmacy.com

Entire Agreement

These Terms, together with our Privacy Policy and any Partnership Agreement executed by you, constitute the entire agreement between you and FoodPharmacy regarding the use of the Sites and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter.

By using FoodPharmacy, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.