Terms of Use

SECTION 1 — SCOPE AND ACCEPTANCE

1.1 Who We Are

CYP Health Technologies LLC (“Company,” “we,” “us,” or “our”) operates the CheckYourPlate mobile application, website, and related digital services (collectively, the “Application”). The Application is a general wellness platform that uses artificial intelligence to analyze user-submitted meal photographs and provide non-clinical nutritional feedback, guidance, and encouragement toward user-defined health goals.

1.2 Acceptance of Terms

By creating an account, accessing, or using the Application in any manner, you (“User”) represent that you have read, understood, and agree to be bound by these Terms of Service, Privacy Policy, and all Regulatory Disclosures set forth herein (collectively, “These Terms”). If you do not agree to These Terms in their entirety, you must discontinue use immediately.

1.3 Eligibility

The Application is intended solely for individuals who are 18 years of age or older and who reside in a jurisdiction where the Application’s services are lawfully available. By using the Application, you represent and warrant that you meet this age requirement. We do not knowingly collect information from persons under 18 years of age.

1.4 Modifications to These Terms

We reserve the right to modify These Terms at any time. Material changes will be communicated via in-app notification or email to the address associated with your account at least fourteen (14) days prior to taking effect, unless immediate changes are required by law. Continued use of the Application after the effective date constitutes acceptance of the revised Terms.

SECTION 2 — MEDICAL DISCLAIMER AND SCOPE OF SERVICE

2.1 No Medical Advice

2.2 No Professional Relationship Created

2.3 Not a Medical Device

The Application is designed and operated as a general wellness product. It is not intended to function as, and has not been cleared or approved by the U.S. Food and Drug Administration (FDA) as, a medical device, diagnostic instrument, or clinical decision-support tool. The Application adheres to the FDA’s general wellness policy for low-risk lifestyle products and does not make claims to diagnose, treat, cure, or prevent any disease or medical condition.

2.4 High-Risk User Advisory

2.5 Emergency Disclaimer

SECTION 3 — TERMS OF SERVICE

3.1 License Grant

Subject to your compliance with These Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Application solely for your personal, non-commercial wellness purposes. No other rights are granted.

3.2 Prohibited Conduct

You agree that you will not, directly or indirectly:

• Use the Application for any unlawful purpose or in violation of any applicable federal, state, or local law or regulation.
• Attempt to reverse-engineer, decompile, disassemble, or otherwise derive source code from the Application or its AI models.
• Circumvent, disable, or interfere with security features, access controls, or technical restrictions of the Application.
• Submit false, misleading, or fraudulent information, including health data.
• Transmit unsolicited commercial communications, malware, or any content that is harmful, defamatory, or invasive of another’s privacy.
• Harvest or collect personal information from other users of the Application.
• Use the Application in any manner that could damage, disable, overburden, or impair our servers or networks.

3.3 Intellectual Property

All content, software, algorithms, proprietary AI models, scoring methodologies, design elements, trademarks, service marks, logos, and AI-generated outputs made available through the Application are the exclusive intellectual property of CYP Health Technologies LLC or its licensors, and are protected by applicable U.S. and international copyright, trademark, patent, and trade secret laws. Nothing in These Terms transfers any intellectual property rights to you.

3.4 User-Generated Content

By submitting meal photographs, text inputs, or other content to the Application, you grant the Company a limited, non-exclusive, royalty-free, worldwide license to process, analyze, and use that content solely for the purpose of providing Application functionality to you, improving AI model performance in aggregated and anonymized form, and complying with legal obligations. You retain all ownership rights in your submitted content. We will not sell your individually identifiable content to third parties.

3.5 Termination

The Company reserves the right to suspend or terminate your access to the Application, at its sole discretion, with or without notice, for conduct that it believes violates These Terms or is harmful to other users, the Company, third parties, or for any other reason. Upon termination, your right to use the Application ceases immediately.

3.6 Limitation of Liability

3.7 Disclaimer of Warranties

3.8 Indemnification

You agree to indemnify, defend, and hold harmless CYP Health Technologies LLC and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of These Terms or your use of the Application, including but not limited to any reliance on AI-generated content in place of professional medical or dietary advice.

SECTION 4 — PRIVACY POLICY & DATA GOVERNANCE

4.1 Information We Collect

We collect the following categories of information, all of which you provide voluntarily at onboarding or through your use of the Application:

A. Account Information

• Email address (used solely for account creation, authentication, and service communications)
• Encrypted password (we do not have access to your plaintext password)

We do not collect your full name, date of birth, Social Security number, government-issued identification, health insurance information, or any financial account information through the Application.

B. Wellness Profile Information

• Age (year only; not full date of birth)
• Biological sex or gender (optional)
• Height (exact or range, at your discretion)
• Body weight (exact or range, at your discretion)
• Physical activity level
• Self-reported health goals (e.g., weight management, improved energy, better eating habits)
• Dietary preferences (e.g., vegetarian, vegan, Mediterranean)
• Known food allergies and intolerances
• Voluntarily disclosed underlying medical conditions, if any

C. User-Generated Content

• Meal photographs submitted for AI analysis
• Text descriptions and inputs submitted in connection with meal logging
• In-app communications via the integrated messaging feature (Stream Chat)

D. Usage and Technical Data

• App interaction data (features accessed, session duration, error logs)
• Device type and operating system (collected in aggregated or anonymized form where feasible)

We do not sell your individual usage data to advertisers.

4.2 How We Use Your Information

Information collected is used solely for the following purposes:

• To provide, operate, and improve the Application’s AI meal analysis and feedback features
• To enable and support Nutrition Coach communications, subject to your voluntary consent (see Section 5)
• To send service-related communications (e.g., account verification, technical notices, updates to These Terms)
• To improve AI model performance through aggregated and de-identified analysis
• To comply with applicable legal obligations

We do not use your individual health data for targeted advertising, and we do not sell your personal information to third-party data brokers.

4.3 Third-Party Infrastructure & Data Processing

The Application relies on the following third-party infrastructure providers to deliver its core functionality. By using the Application, you acknowledge and consent to the following data flows:

A. AI Analysis (OpenAI)

Meal photographs and text inputs you submit are transmitted to OpenAI’s API for processing and analysis. This transmission is necessary for the Application’s core AI feedback functionality.

• Data processed by OpenAI is subject to OpenAI’s Privacy Policy and API data usage terms
• The Company does not control OpenAI’s internal data retention policies, server locations, or security infrastructure
• You are encouraged to review OpenAI’s current Privacy Policy at openai.com/privacy
• We do not transmit your full name, date of birth, or account email to OpenAI in connection with meal analysis

B. Database Infrastructure (Supabase)

User profile data, wellness goals, and Application data are stored on Supabase-managed database infrastructure.

• Data is stored using commercially reasonable security measures, including encryption at rest and in transit
• The Company does not independently host this infrastructure and does not control all aspects of its physical security or server location
• Supabase’s Privacy Policy is available at supabase.com/privacy

C. Messaging Infrastructure (Stream Chat)

Communications between users and Nutrition Coaches are transmitted through Stream Chat’s messaging infrastructure.

• Chat content may be temporarily retained in accordance with Stream Chat’s data retention policies
• The Company does not independently host this messaging infrastructure
• Stream Chat’s Privacy Policy is available at getstream.io/privacy-policy

4.4 Data Retention

We retain user data for as long as reasonably necessary to provide Application functionality and fulfill the purposes outlined in These Terms. Specific retention practices by data category:

• Account information (email): Retained for the duration of your account. Deleted within 30 days of account deletion request.
• Wellness profile data: Retained for the duration of your account. You may update or delete profile data at any time through the Application.
• Meal photographs and AI chat history: Retained for a rolling period, subject to periodic deletion. Currently retained for up to 90 days from date of submission, subject to change with notice.
• Coach chat messages: Retained in accordance with Stream Chat’s infrastructure retention policies. You may request deletion of coach communications at any time.
• Aggregated and anonymized usage data: May be retained indefinitely for product improvement purposes, as it cannot be used to identify you.

4.5 Your Privacy Rights

Depending on your jurisdiction, you may have the following rights with respect to your personal information:

• Right to Access: Request a copy of the personal information we hold about you.
• Right to Correction: Request correction of inaccurate or incomplete information.
• Right to Deletion: Request deletion of your account and associated personal data, subject to our legal retention obligations.
• Right to Portability: Request a machine-readable export of your personal data.
• Right to Restrict Processing: Request that we limit our use of your data in certain circumstances.
• Right to Opt Out of Sale: We do not sell personal information; this right is preserved by design.

To exercise any of these rights, submit a written request to: privacy@checkyourplate.com. We will respond within thirty (30) days. California residents may also have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as further described below.

4.6 California Privacy Rights (CCPA / CPRA)

If you are a California resident, you have specific rights under the CCPA and CPRA, including the right to know what personal information is collected, the right to delete personal information, the right to correct inaccurate personal information, the right to opt out of the sale or sharing of personal information (we do not sell or share personal information for cross-context behavioral advertising), and the right to non-discrimination for exercising your privacy rights.

California residents who wish to exercise these rights may contact us at privacy@checkyourplate.com or through the in-app privacy request portal. We do not discriminate against users who exercise their California privacy rights.

4.7 Data Security

We implement commercially reasonable administrative, technical, and physical safeguards to protect user data against unauthorized access, disclosure, alteration, or destruction. These measures include:

• Encryption of data in transit using TLS/SSL protocols
• Encryption of sensitive data at rest
• Role-based access controls limiting employee access to user data
• Regular review of security practices and third-party provider agreements

No data transmission or storage system is completely secure. We cannot guarantee absolute security of your information, and your use of the Application constitutes voluntary acceptance of this inherent risk. In the event of a data breach affecting your personal information, we will notify you as required by applicable law, including the FTC Health Breach Notification Rule.

4.8 FTC Health Breach Notification Compliance

SECTION 5 — NUTRITION COACHING SERVICES

5.1 Nature of Coaching Services

Nutrition Coaches are employees of CYP Health Technologies LLC. Unless explicitly stated otherwise in a separate written disclosure, Nutrition Coaches are not licensed physicians, Registered Dietitians (RD), Certified Nutrition Specialists (CNS), or any other category of licensed healthcare professional. Coaching services are motivational and educational in nature and do not constitute clinical nutrition therapy or any form of medical treatment.

5.2 Scope of Practice — What Coaches May Do

Upon your voluntary export of Application activity data, Nutrition Coaches are authorized to engage in the following non-clinical, wellness-support activities:

• Review your voluntarily exported 7-day Application activity—including meal photographs, AI-generated feedback summaries, and general wellness profile data—and, based on that review, offer further nutrition guidance in non-clinical, general wellness terms. This may include, for example, identifying recurring patterns in the AI’s feedback (such as consistent recommendations to increase fiber intake) and encouraging you to focus on those specific nutritional aspects in the days ahead.
• Encourage you to do better and direct your attention toward specific nutritional areas identified through review of your recent Application activity, in a supportive and motivating manner consistent with your self-stated health goals—without prescribing, diagnosing, or rendering any advice of a medical or clinical grade.
• Answer nutrition-related questions in a general wellness context, providing informational responses grounded in broadly accepted nutritional principles—without rendering advice of a clinical, therapeutic, or medical-grade nature, and without interpreting individual health conditions, lab values, or physician-prescribed protocols.
• Provide ongoing motivational support and positive encouragement to help you sustain progress toward your self-stated wellness goals, drawing on the patterns and trends reflected in your exported Application data.

5.3 Strict Prohibitions — What Coaches May Not Do

Nutrition Coaches are expressly prohibited from:

• Providing medical advice, clinical diagnoses, or treatment recommendations of any kind
• Prescribing or recommending specific therapeutic diets, supplements, or dosages in a clinical capacity
• Interpreting clinical laboratory results or modifying physician-prescribed or RD-prescribed dietary protocols
• Providing guidance that contradicts or modifies treatment prescribed by a licensed healthcare professional
• Communicating about topics outside the scope of general wellness and Application guidance

If a user presents information suggesting a medical emergency, significant deterioration in health, or a matter requiring clinical expertise, the Coach is required to advise the user to seek appropriate professional medical or dietetic care and to discontinue coaching on that matter.

5.4 Voluntary Data Export & Informed Consent

The Application includes an optional “Export to Coach” feature that allows you to voluntarily share a limited snapshot of your recent Application activity with a Nutrition Coach. This feature is entirely optional and is not required for core Application functionality.

By activating the Export to Coach function and confirming the “Send to Nutrition Coach” prompt, you expressly authorize the assigned Nutrition Coach to access and review the following data for the preceding seven (7) days:

• AI-generated meal analysis summaries and nutritional feedback
• Meal photographs you submitted during that period
• Your general wellness profile (age, height range, weight range, health goals, dietary preferences, allergies, and voluntarily disclosed medical conditions)

You acknowledge that:

• Data sharing is entirely at your discretion and you may decline at any time without affecting your access to the Application’s other features
• This review constitutes general wellness coaching, not a clinical audit, medical assessment, or dietetic consultation
• You may revoke a Coach’s access to your data at any time by contacting support@checkyourplate.com

5.5 Coach Data Handling Obligations

Nutrition Coaches are bound by written employment agreements that prohibit them from using exported user data for any purpose other than providing the coaching session for which it was shared, disclosing user data to third parties, retaining copies of user data outside the Application’s infrastructure, or contacting users through channels outside the Application.

SECTION 6 — REGULATORY DISCLOSURES

6.1 HIPAA Status

6.2 FDA General Wellness Positioning

The Application is designed and operated as a general wellness product within the meaning of FDA guidance on “General Wellness: Policy for Low Risk Devices” (2019). The Application promotes a healthy lifestyle through nutritional awareness and does not make claims to diagnose, treat, cure, or prevent any specific disease or medical condition. The Application has not sought and does not hold FDA clearance or approval as a medical device.

6.3 FTC Act Compliance

The Company’s advertising, marketing, and in-app communications are designed to comply with Section 5 of the Federal Trade Commission Act (15 U.S.C. § 45). Claims made by the Application regarding the benefits of nutritional awareness are based on general wellness principles and are not intended to convey clinically validated therapeutic outcomes.

6.4 State Dietetics and Nutrition Licensure Laws

State laws governing the practice of dietetics and nutrition vary. The coaching services provided through this Application are designed to constitute general wellness support and motivational guidance, and are not intended to constitute the practice of dietetics or clinical nutrition therapy requiring licensure. Users who have conditions requiring the services of a licensed dietitian or nutritionist are strongly advised to seek such services independently from this Application.

The Company monitors applicable state law developments and will modify the scope of coaching services as required to maintain compliance.

SECTION 7 — GENERAL LEGAL PROVISIONS

7.1 Governing Law

These Terms and your use of the Application shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any legal action or proceeding arising under These Terms shall be brought exclusively in the federal or state courts located in New York County, New York, and the parties hereby irrevocably consent to personal jurisdiction and venue in those courts.

7.2 Dispute Resolution & Arbitration

7.3 Severability

If any provision of These Terms is found to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, without affecting the remaining provisions of These Terms, which shall continue in full force and effect.

7.4 Entire Agreement

These Terms constitute the entire agreement between you and the Company with respect to the Application and supersede all prior or contemporaneous communications, representations, and agreements, whether oral or written, relating to the subject matter hereof.

7.5 Waiver

No waiver by the Company of any term or condition set forth in These Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Failure by the Company to assert a right or provision under These Terms shall not constitute a waiver of such right or provision.

SECTION 8 — CONTACT & NOTICES

8.1 Contact Information

8.2 Acknowledgment