Terms and Conditions
Agreement between User and https://foodpharmacy.com/ AND https://foodpharmacy.ai/
Welcome to FoodPharmacy™. The https://foodpharmacy.com/ and https://foodpharmacy.ai/ websites (the "Sites") are comprised of various web pages, online interfaces and properties (e.g. websites, subscriptions, web and mobile apps) operated by FoodPharmacy™, a division of Intelligent Technologies.ai, LLC.
https://foodpharmacy.com/ and https://foodpharmacy.ai/ are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of https://foodpharmacy.com/ and https://foodpharmacy.ai/ constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
FoodPharmacy™ is an information and software technology service website, online interface, SaaS (Software as a Service), web app and mobile app used as tools by healthcare practitioners, nutritional professionals, and their patients.
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. IT IS ALSO NOT INTENDED TO, CANNOT, AND IS NOT DESIGNED, INTENDED, OR APPROPRIATE TO REPLACE THE RELATIONSHIP YOU HAVE WITH YOUR HEALTH CARE PROFESSIONALS OR TO ADDRESS SERIOUS, OR LIFE-THREATENING MEDICAL CONDITIONS, AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD CONTACT EMERGENCY SERVICES IMMEDIATELY.
In all cases, the user is advised to evaluate and rely on their own judgment regarding this product or application for the specific users’ needs. The material provided in the application and the website, including any recommendations, opinions, tips, links, etc. are strictly for educational purposes only and are to be used at your own risk and based on your own professional judgement. Any reliance you place on such information is therefore strictly your own responsibility and is not intended to diagnose, treat, cure, or prevent any disease and is not to be used as a basis for medical treatment. FoodPharmacy and Intelligent Technologies.ai, LLC makes no warranties as to the application of these principles to any particular user or condition. Persons with particular medical or nutritional issues or questions should seek treatment and advice from their physician or other competent medical professional. FoodPharmacy and Intelligent Technologies.ai, LLC assumes no liability for any adverse consequences experienced by any end-user or third party. As a condition of use, end users release, indemnify and hold harmless FoodPharmacy and Intelligent Technologies.ai, LLC (and any entities whose intellectual property form any component of this product) from any claims related to the use of this product.
Visiting https://foodpharmacy.com/ or https://foodpharmacy.ai/ or sending emails to FoodPharmacy / Intelligent Technologies.ai, LLC 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, text, and on the Sites, satisfy any legal requirement that such communications be in writing.
If you use these sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that FoodPharmacy / Intelligent Technologies.ai, LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. FoodPharmacy / Intelligent Technologies.ai, LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
FoodPharmacy / Intelligent Technologies.ai, LLC 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 https://foodpharmacy.com/ or https://foodpharmacy.ai/ only with permission of a parent or guardian. The exception is when an individual visits the sites as part of care from a HIPAA covered entity with a signed BAA, to any extent that the BAA conflicts with any term contained in this Agreement, the terms of the BAA will control.
Billing and Cancellation
The subscription fee for FoodPharmacy and any other charges you may incur in connection with your use of FoodPharmacy, will be charged to your Payment Method on the specified payment date based on your selected tier. You authorize Intelligent Technologies.ai, LLC the parent company to FoodPharmacy to automatically charge your bank card or PayPal account according to the billing period manually selected by you. Your FoodPharmacy subscription will automatically renew until terminated.
FoodPharmacy currently utilizes 3rd party payment methods (ie. PayPal), you may find your billing information for FoodPharmacy subscription service by visiting your account on the applicable 3rd party service.
FoodPharmacy offers you a 14-day Free Trial period to experience FoodPharmacy. The Free Trial is only for new subscribers to try the FoodPharmacy program. Eligibility of the FoodPharmacy Free Trial will be determined by FoodPharmacy at its full discretion to prevent Free Trial abuse. FoodPharmacy reserves the right to revoke your eligibility to the Free Trial and place your account on hold if it is determined that you are ineligible or are abusing the Free Trial.
To determine eligibility, FoodPharmacy may use information such as device ID, IP address, method of payment or account email address.
There are no refunds for monthly plans, even if the subscription is canceled on the same day as the autoconversion payment has gone through. Refunds are available only after an automatic deduction for annual payments (i.e. after trial and after renewal) within 30 calendar days after the payment was made. If the cancellation is made within the first 30 calendar days of an annual plan, at the end of the first month, the service will stop and you will receive a refund of 90% of the amount paid. This represents the payments of the 10 months at the regular rate minus the first month. Please note that users who filed a chargeback/dispute request or a claim are not eligible for a refund. A cancelled trial and associated services will stop at the end of the trial period.
The service is billed in advance on a monthly, or annual basis. There will be no refunds or credits for partial months of service, or refunds for months unused with an open user account. If auto renewal fails for an annual plan, your account will be temporarily frozen and you will be notified through email. During login you will be directed to the "Make Payment" page, at which time you can make the payment and continue with the service.
All billing is recurring, which means you will continue to get billed until you cancel your subscription.
FoodPharmacy reserves absolute and sole discretion to change our subscription plans, pricing, or tiers at any time as we determine.
You may cancel your subscription at any time using the Subscription Management page. You will continue to have access to your FoodPharmacy account until your billing cycle ends. To determine when your billing cycle ends, visit the Subscription Management page.
Subscription payments are nonrefundable. There are also no partial refunds or credits for unused portions of your subscription plan. Following any cancellation, you will continue to have access to your FoodPharmacy account until your billing cycle ends.
You are solely responsible for properly canceling your FoodPharmacy subscription. An email request or support ticket asking for your subscription to be cancelled is not considered cancellation. You may cancel your subscription at any time by visiting the Subscription Management page.
If you cancel the service before the end of your current paid up period, your subscription will remain active until the next due date. After the due date, if no payment received, your subscription will be stopped.
We do not offer refunds for initial first-time monthly payments. If you order the service for the first time, please make sure that the order is correct before the payment is made.
We do not offer refunds for recurring monthly payments. If you have been billed for automatic monthly renewal of the Service, you can cancel the subscription to avoid billing for next months.
We do not offer refunds for upgrades to a more expensive plan or a longer billing cycle. Remaining days are converted into an equivalent value of days on the new subscription. The user can change tiers at any time without any penalty.
We offer refunds for recurring annual payments on demand. If you have been billed for automatic annual renewal of the service, you have 30 calendar days (after the payment was made) to contact our support team. If you don't do this, FoodPharmacy assumes that renewal of the service is expected, and the payment will not be refunded. Cancellations made within the first 30 calendar days following the date the payment was made for an annual renewal plan, after the 30 days, the service will stop, and you will receive a refund of 90% of the amount paid. This represents the payments of the 10 months at the regular rate minus the 30 days of your use during the annual renewal plan.
Refunds are available only for annual payment plans, for both new subscribers and renewed subscribers as set forth in these terms and conditions.
FoodPharmacy reserves the right to offer groups of members or specific members discounts, refunds, or credits at its own discretion. This provision does not mean that if refunds, discounts, or credits are provided in one instance, that FoodPharmacy will be required to provide the same discount, refund, or credit in the future or with other members / subscription holders.
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 the patient’s / client’s information on that account by protecting who has access to the account. In the case of Enterprise users, the subscriber will add additional practitioners who have their own credentials. In that case, each Practitioner within the organization of the account holder is responsibile to protect their account and the patient’s / client’s information. It is the account holder’s responsibility that they secure the devices and the passwords which access your FoodPharmacy account. If you do not log out of your FoodPharmacy account or your device, subsequent users may be able to access your FoodPharmacy account. If a device that you utilize to access your FoodPharmacy account, is lost or stolen, be sure to change your password immediately. If you feel your account has been compromised, contact us to determine the appropriate remedy to protect your account and your patient’s / client’s information.
Links to Third Party Sites/Third Party Services
https://foodpharmacy.com/ or https://foodpharmacy.ai/ may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of FoodPharmacy / Intelligent Technologies.ai, LLC and FoodPharmacy / Intelligent Technologies.ai, LLC is 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. FoodPharmacy / Intelligent Technologies.ai, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FoodPharmacy / Intelligent Technologies.ai, LLC of the sites or any association with its operators.
Certain services made available via https://foodpharmacy.com/ or https://foodpharmacy.ai/ are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://foodpharmacy.com/ or https://foodpharmacy.ai/ domains, you hereby acknowledge and consent that FoodPharmacy / Intelligent Technologies.ai, LLC may share such information and data with any third party with whom FoodPharmacy / Intelligent Technologies.ai, LLC has a contractual relationship to provide the requested product, service or functionality on behalf of https://foodpharmacy.com/ or https://foodpharmacy.ai/ users and customers.
No Unlawful or Prohibited Use/Intellectual Property
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 protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Sites. FoodPharmacy / Intelligent Technologies.ai, LLC content is not for resale. Your use of the Sites does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of FoodPharmacy / Intelligent Technologies.ai, LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of FoodPharmacy / Intelligent Technologies.ai, LLC or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
FoodPharmacy / Intelligent Technologies.ai, LLC has no obligation to monitor the Communication Services. However, FoodPharmacy / Intelligent Technologies.ai, LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. FoodPharmacy / Intelligent Technologies.ai, LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
FoodPharmacy / Intelligent Technologies.ai, LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FoodPharmacy / Intelligent Technologies.ai, LLC's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. FoodPharmacy / Intelligent Technologies.ai, LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, FoodPharmacy / Intelligent Technologies.ai, LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized FoodPharmacy / Intelligent Technologies.ai, LLC spokespersons, and their views do not necessarily reflect those of FoodPharmacy / Intelligent Technologies.ai, LLC.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to https://foodpharmacy.com/ or https://foodpharmacy.ai/ or Posted on Any Intelligent Technologies.ai, LLC Web Page
FoodPharmacy / Intelligent Technologies.ai, LLC does not claim ownership of the materials you provide to https://foodpharmacy.com/ or https://foodpharmacy.ai/ (including feedback and suggestions) or post, upload, input or submit to any Intelligent Technologies.ai, LLC Sites or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Intelligent Technologies.ai, LLC, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Intelligent Technologies.ai, LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Intelligent Technologies.ai, LLC's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
Optionally, you will be able to connect your FoodPharmacy account to the Intelligent Technologies.ai mobile application. By connecting your FoodPharmacy.ai account to the Intelligent Technologies.ai mobile application, you acknowledge and agree that you are consenting to the release of information to the Intelligent Technologies.ai mobile application, and as such, will also agree to the terms and conditions of the Intelligent Technologies.ai mobile application. If you do not agree with this, do not use this feature.
The Service is controlled, operated and administered by Intelligent Technologies.ai, LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Intelligent Technologies.ai, LLC Content accessed through https://foodpharmacy.com/ or https://foodpharmacy.ai/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless FoodPharmacy, Intelligent Technologies.ai, LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Sites or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Intelligent Technologies.ai, LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Intelligent Technologies.ai, LLC in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Intelligent Technologies.ai, LLC agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. INTELLIGENT TECHNOLOGIES.AI, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME.
INTELLIGENT TECHNOLOGIES.AI, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. INTELLIGENT TECHNOLOGIES.AI, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Intelligent Technologies.ai, LLC reserves the right, in its sole discretion, to terminate your access to the Sites and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Pennsylvania and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania in all disputes arising out of or relating to the use of the Sites. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Intelligent Technologies.ai, LLC as a result of this agreement or use of the Sites. Intelligent Technologies.ai, LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Intelligent Technologies.ai, LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Intelligent Technologies.ai, LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Intelligent Technologies.ai, LLC with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Intelligent Technologies.ai, LLC with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
FoodPharmacy and Intelligent Technologies.ai, LLC welcomes your questions or comments regarding the Terms:
Intelligent Technologies.ai, LLC
115 Plum Industrial Ct.
Pittsburgh, Pennsylvania 15239