NexoPlate

Legal

End User License Agreement

Last updated: April 5, 2026

This End User License Agreement ("EULA") is a legal agreement between you ("User" or "you") and Evercrest Technologies LLC ("Licensor," "we," "our," or "us"), a Pennsylvania limited liability company, governing your use of the NexoPlate mobile application ("App"). By downloading, installing, or using the App, you agree to be bound by this EULA. If you do not agree, do not download or use the App.

This EULA is also subject to Apple's standard EULA terms for App Store applications, available at apple.com/legal/internet-services/itunes/dev/stdeula. In the event of any conflict between this EULA and Apple's standard EULA, this EULA shall govern to the extent permitted by Apple.

1. License Grant

Subject to the terms of this EULA, Evercrest Technologies LLC grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the NexoPlate App on any Apple-branded device that you own or control, solely for your personal, non-commercial purposes.

This license does not include the right to sublicense, distribute, sell, resell, transfer, assign, or otherwise make the App available to any third party.

2. Restrictions

You agree that you will not, and will not allow any third party to:

• Copy, modify, adapt, translate, or create derivative works based on the App
• Reverse engineer, disassemble, decompile, or attempt to derive the source code of the App
• Remove, alter, or obscure any proprietary notices, labels, or marks on the App
• Use the App for any commercial purpose or for any public display without our prior written consent
• Use the App in any manner that could damage, disable, overburden, or impair our servers or networks
• Attempt to gain unauthorized access to any portion of the App or its related systems
• Use automated scripts, bots, or scrapers to interact with the App
• Circumvent or attempt to circumvent any subscription verification, access control, rate limiting, or licensing mechanism within the App

3. Ownership and Intellectual Property

The App, including all content, features, functionality, code, design, trademarks, logos, and AI models, is and shall remain the exclusive property of Evercrest Technologies LLC. This EULA does not convey to you any ownership interest in the App. All rights not expressly granted herein are reserved by Evercrest Technologies LLC.

The NexoPlate name, logo, and brand identity are trademarks of Evercrest Technologies LLC. You may not use our trademarks without prior written permission.

4. Subscription and In-App Purchases

Certain features of the App require a paid NexoPlate Pro subscription. Subscriptions are available on a monthly ($19.99/month) or annual ($79.99/year) basis. Both plans include a 7-day free trial for new subscribers.

Subscriptions purchased through the Apple App Store are processed and managed by Apple. Subscriptions purchased through our website are processed by Stripe. All subscription terms, including billing, renewal, and cancellation, are described in our Terms of Service available at nexoplate.com/terms-service.

5. Access Codes

Users who purchase a subscription through our website receive a unique access code. Access codes are:

• Single-use — each code can only be activated once on one device
• Non-transferable — codes may not be sold, shared, gifted, or distributed to others
• Tied to a device — once activated, access is linked to the device ID of the activating device
• Restorable — if you reinstall the App or get a new device, you may restore access using the Restore Purchases function in the App

We reserve the right to deactivate access codes that have been obtained fraudulently, shared in violation of this EULA, or used in a manner inconsistent with these terms.

6. AI Features, Fair Use, and No Medical Advice

AI features are subject to reasonable fair-use limits to maintain quality of service for all users. We reserve the right to adjust these limits at any time without prior notice.

Evercrest Technologies LLC expressly disclaims any liability for health outcomes, dietary decisions, or any other consequences arising from reliance on AI-generated content within the App.

7. Data Processing and Third-Party AI Services

When you use AI-powered features, your data (including chat messages, food photos, food log, profile data, and health metrics) is transmitted to our backend servers and processed by OpenAI to generate responses. OpenAI may retain this data for up to 30 days for safety monitoring. For details, see our Privacy Policy and Data & Compliance Policy.

By using AI features, you consent to this data processing, including cross-border data transfer to the United States if you are located in Canada.

8. No Accounts — Data Stored on Device

9. Privacy

Your use of the App is subject to our Privacy Policy and Data & Compliance Policy, which are incorporated into this EULA by reference.

10. Third-Party Services

The App integrates with third-party services including Apple HealthKit, OpenAI, USDA FoodData Central, Open Food Facts, Cloudflare, Stripe, and Resend. Your use of these services through the App is subject to their respective terms and privacy policies. We are not responsible for the availability, accuracy, or conduct of any third-party service.

In particular, Apple HealthKit data is governed by Apple's HealthKit terms and will never be used for advertising or shared with data brokers.

11. Updates and Changes to the App

We may from time to time release updates, patches, or new versions of the App. These updates may be required to continue using the App and may modify or remove features. We reserve the right to modify, suspend, or discontinue any part of the App at any time without notice or liability.

12. Disclaimer of Warranties

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT ANY NUTRITIONAL DATA OR AI-GENERATED CONTENT WILL BE ACCURATE OR COMPLETE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVERCREST TECHNOLOGIES LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING UNDER OR RELATED TO THIS EULA SHALL NOT EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID TO EVERCREST TECHNOLOGIES LLC IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THIS LIMITATION DOES NOT APPLY TO LIABILITY ARISING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, OR TO ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

14. Binding Arbitration and Class Action Waiver

Any dispute arising from this EULA or your use of the App shall be resolved through binding individual arbitration as described in our Terms of Service (Sections 16 and 17), which are incorporated herein by reference. You agree to waive your right to a jury trial and to participate in class, collective, or representative proceedings, to the extent permitted by applicable law.

Canadian Users: If you reside in a Canadian province where mandatory arbitration clauses or class action waivers in consumer contracts are unenforceable, these provisions shall not apply to you to the extent prohibited by law.

15. Time Limitation on Claims

Any claim or cause of action arising from this EULA or your use of the App must be filed within two (2) years after the event giving rise to the claim. Failure to file within this period permanently bars the claim, to the fullest extent permitted by applicable law.

16. Force Majeure

Evercrest Technologies LLC shall not be liable for any failure or delay in performing its obligations under this EULA where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, internet or infrastructure outages, third-party service failures, power failures, cyberattacks, or acts of government.

17. Indemnification

You agree to indemnify, defend, and hold harmless Evercrest Technologies LLC and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the App, your violation of this EULA, or your violation of any rights of a third party.

18. Termination

This EULA is effective until terminated. Your rights under this EULA will automatically terminate without notice if you fail to comply with any of its terms. We also reserve the right to terminate or suspend your access to the App at any time for any reason. Upon termination, you must cease all use of the App and delete all copies from your devices. Sections 3, 6, 12, 13, 14, 15, 17, and 19 shall survive termination.

19. Governing Law

This EULA is governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. To the extent a dispute is not subject to arbitration, it shall be brought exclusively in the state or federal courts located in Pennsylvania.

20. Apple-Specific Terms

You acknowledge that this EULA is between you and Evercrest Technologies LLC only, and not with Apple. Apple is not responsible for the App or its content. Apple has no obligation to provide maintenance or support for the App. In the event of any third-party claim that the App infringes intellectual property rights, Apple is not responsible for the investigation, defense, settlement, or discharge of such claim. Apple and its subsidiaries are third-party beneficiaries of this EULA and may enforce it against you.

21. Changes to This EULA

We may update this EULA from time to time. We will notify you of material changes by posting the updated EULA on this page and updating the "Last updated" date. Your continued use of the App after changes are posted constitutes your acceptance of the updated EULA.

22. Entire Agreement

This EULA, together with our Terms of Service, Privacy Policy, and Data & Compliance Policy, constitutes the entire agreement between you and Evercrest Technologies LLC with respect to the App and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings.