NexoPlate

Legal

Terms of Service

Last updated: April 5, 2026

These Terms of Service ("Terms") govern your use of the NexoPlate mobile application and website (collectively, the "Service") operated by Evercrest Technologies LLC ("we," "our," or "us"), a Pennsylvania limited liability company. By downloading, installing, or using NexoPlate, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Acceptance of Terms

By accessing or using NexoPlate, you confirm that you are at least 13 years of age (or 16 in California for sensitive data features), that you have read and understood these Terms, and that you agree to be legally bound by them. If you are using NexoPlate on behalf of an organization, you agree to these Terms on behalf of that organization.

2. Description of the Service

NexoPlate is an AI-powered nutrition tracking application for iOS that allows users to log food, track calories and macros, scan barcodes, use AI-based photo food recognition, and interact with an AI nutrition coach. The Service includes both free and paid subscription tiers.

Features available on the free tier include manual food logging, barcode scanning, food search, saved foods and meals, dashboard widgets, weight tracking, and streak tracking. Pro features — including AI Photo Entry and NexoPlate Coach — require an active paid subscription.

3. Subscriptions and Billing

NexoPlate Pro is available through two subscription options:

• Monthly: $19.99 per month, billed monthly
• Annual: $79.99 per year, billed annually

Subscriptions purchased through the Apple App Store are governed by Apple's payment terms and managed through your Apple ID. Subscriptions purchased through our website are processed by Stripe and governed by Stripe's terms of service. In both cases, your subscription will automatically renew at the end of each billing period unless cancelled before the renewal date.

4. Free Trial

Both the Monthly and Annual subscription plans include a 7-day free trial for new subscribers. During the free trial period, you will not be charged. If you do not cancel before the trial ends, your payment method will be charged the applicable subscription fee. You are only eligible for one free trial per subscription type. We reserve the right to modify or discontinue free trial offers at any time.

5. Cancellation and Refunds

App Store subscriptions: You may cancel your subscription at any time through your Apple ID account settings. Your access will continue until the end of the current billing period. Apple's refund policies apply to App Store purchases. We do not control refunds for App Store transactions.

Web subscriptions (Stripe): You may cancel your web subscription at any time by contacting us at legal@nexoplate.com. Cancellation takes effect at the end of your current billing period. We do not offer prorated refunds for partial billing periods.

6. Access Codes

Subscribers who purchase through our website receive a unique access code delivered by email. The following terms apply to access codes:

• Each access code is single-use and can only be activated on one device
• Access codes are non-transferable and may not be sold, shared, or distributed
• Once an access code is activated on a device, it cannot be transferred to another device except through the Restore Purchases function within the app
• Access codes that have already been redeemed are non-refundable
• We reserve the right to deactivate access codes that we reasonably believe have been obtained fraudulently or shared in violation of these Terms

7. AI Features and Fair Use

NexoPlate Pro includes access to AI-powered features (NexoPlate Coach and AI Photo Entry). These features are subject to reasonable fair-use limits to ensure quality of service for all users. We reserve the right to adjust these limits at any time. If you reach a fair-use limit, your access to AI features will be temporarily paused and will automatically resume after the applicable reset period.

8. Email Communications Consent

By purchasing a NexoPlate Pro subscription, you agree to receive transactional emails related to your subscription (such as access code delivery and purchase confirmations). You also consent to receive marketing communications from NexoPlate, including blog posts, product updates, and feature announcements.

You may unsubscribe from marketing communications at any time by clicking the "Unsubscribe" link in any marketing email. Unsubscribing will not affect transactional emails related to your subscription. All marketing emails will comply with the CAN-SPAM Act (United States) and Canada's Anti-Spam Legislation (CASL) where applicable.

9. AI Features Disclaimer — Not Medical Advice

We make no representations or warranties regarding the accuracy, completeness, or reliability of any nutritional information, calorie estimates, or coaching responses provided by the Service.

10. No Accounts — Data Loss Disclaimer

11. Acceptable Use

You agree to use NexoPlate only for lawful purposes and in accordance with these Terms. You agree not to:

• Attempt to reverse engineer, decompile, or disassemble any part of the app
• Use the Service to transmit any harmful, offensive, or illegal content
• Share, sell, or distribute access codes in violation of Section 6
• Attempt to circumvent subscription verification or access Pro features without a valid subscription
• Use automated tools to scrape, copy, or extract data from the Service
• Interfere with or disrupt the integrity or performance of the Service
• Attempt to circumvent or abuse fair-use limits on AI features

12. Intellectual Property

NexoPlate, including its name, logo, app design, code, content, and AI features, is owned by Evercrest Technologies LLC and protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the app on your personal device for personal, non-commercial purposes. You may not copy, reproduce, distribute, or create derivative works from any part of the Service without our prior written consent.

13. Privacy

Your use of the Service is governed by our Privacy Policy, available at nexoplate.com/privacy-policy, and our Data & Compliance Policy, available at nexoplate.com/data-compliance. Both are incorporated into these Terms by reference.

14. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OF ANY NUTRITIONAL DATA, CALORIE COUNTS, OR AI-GENERATED CONTENT.

15. Limitation of Liability

TO THE FULLEST 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, INCLUDING BUT NOT LIMITED TO:

• Loss of data resulting from app deletion, device failure, or lack of backup
• Health outcomes or decisions made based on AI-generated calorie or nutrition estimates
• Inaccuracies in food recognition or macro calculations
• Loss of subscription access due to device transfer without proper restoration
• Service interruptions or downtime

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE 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 BY EVERCREST TECHNOLOGIES LLC, OR TO ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW (INCLUDING STATUTORY DAMAGES UNDER THE CALIFORNIA CONSUMER PRIVACY ACT).

16. Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

You and Evercrest Technologies LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (collectively, "Disputes") shall be resolved through binding individual arbitration rather than in court, except as set forth below.

Arbitration Rules: Arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will take place in the Commonwealth of Pennsylvania or, at your election, by telephone or video conference. The arbitrator's decision will be final and binding.

Exceptions: Either party may bring a claim in small claims court if it qualifies. Either party may seek injunctive or equitable relief in court for intellectual property infringement or unauthorized access to the Service.

Fees: If AAA Consumer Arbitration Rules require us to pay filing, administration, or arbitrator fees, we will do so. Each party bears its own attorneys' fees unless the arbitrator determines otherwise.

Canadian Users: If you reside in a Canadian province where mandatory arbitration clauses in consumer contracts are unenforceable by law, this arbitration section shall not apply to you. You retain your right to bring claims in the courts of your province.

17. Class Action and Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND EVERCREST TECHNOLOGIES LLC EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. All Disputes must be brought in your individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.

Canadian Users: If you reside in a Canadian province where class action waivers in consumer contracts are prohibited by law (including Ontario, Quebec, and Saskatchewan), this waiver shall not apply to you to the extent prohibited.

18. Time Limitation on Claims

Any claim or cause of action arising out of or related to your use of the Service or these Terms 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. This limitation applies to the fullest extent permitted by applicable law.

19. Force Majeure

Evercrest Technologies LLC shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, pandemics, acts of government, internet or infrastructure outages, third-party service failures (including Cloudflare, OpenAI, Stripe, Apple, or other providers), power failures, cyberattacks, or acts of terrorism. During a force majeure event, our obligations are suspended for the duration of the event.

20. Termination

We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms or engaged in fraudulent, abusive, or harmful behavior. Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination shall survive, including intellectual property rights, disclaimers, limitations of liability, arbitration, and indemnification.

21. Governing Law

These Terms are 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 resolved exclusively in the state or federal courts located in Pennsylvania, and you consent to personal jurisdiction in those courts.

22. Changes to These Terms

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

23. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

24. Entire Agreement

These Terms, together with our Privacy Policy, End User License Agreement, and Data & Compliance Policy, constitute the entire agreement between you and Evercrest Technologies LLC regarding the Service and supersede all prior agreements, understandings, and representations.