Terms Of Service Agreement

Date of Last Revision: January 23, 2026

ARBITRATION NOTICE/CLASS ACTION WAIVER: PLEASE REVIEW THESE TERMS OF SERVICE (“TERMS”) CAREFULLY. YOU AGREE THAT DISPUTES BETWEEN YOU AND NOURISHDOC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION (INCLUDING CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS), AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION OR A TRIAL BY JURY. THESE TERMS EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION. BY AGREEING TO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THESE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

These Terms constitute a legally binding agreement between you and Design Dolce, LLC, d/b/a NourishDoc.com, a California limited liability company,  and its subsidiaries, representatives, affiliates, managers, members, and agents (collectively, (“NourishDoc”, “we,” “us,” or “our”) governing your use of NourishDoc’s website and service, our digital wellness platform, our programs, classes, coaching sessions and tools related to life stage and/or lifestyle related mental, physical, social, financial wellness, wellbeing, and services, or services directly related to NourishDoc’s website and service, including (without limitation) all websites, NourishDoc’s primary domain (nourishdoc.com) and all of its subdomains, mobile applications, and other interactive properties through which such services are delivered, and Guided Experiences (as defined in Section VI below) sponsored or facilitated by NourishDoc (collectively, the “Application”, “Platform”, “Marketplace Platform”, “NourishDoc Platform”, “Service” or “Services”).

By accessing and/or using our Services, whether or not you register for a membership, you are agreeing to the Terms, the terms and conditions of our Privacy Policy, and any other legal notices or other rules, policies, and procedures relating to the Services that we may publish from time to time (collectively, the “Governing Documents”). Therefore, please carefully review these documents. If you do not agree, do not access and/or use the Services. If there is a conflict between these Terms and any other terms and conditions covering a specific area of the Services, the latter terms and conditions shall control unless they expressly state otherwise.

You can use these Services, at different times, as either a User or a Coach, or both. For the purposes of these Terms, the term “Coach” refers broadly to any expert who uses the Services to coach, teach, educate, advise; upload sessions or similar content; offer Guided Experiences; offer Wellness Certifications; sell content or items via the Marketplace (as defined in our Digital Products Terms for Buyers or Digital Products Terms for Coaches); or provide other similar services. This definition includes those who have the opportunity to earn payments from NourishDoc, a NourishDoc subsidiary, or a NourishDoc partner for any such activity.

A Coach means an independent contractor, expert, practitioner, partner, or contributor who provides content, services, or support through the Service, including but not limited to videos, programs, workshops, group coaching sessions, bootcamps, wellness certifications, and guided experiences. Coaches may offer guidance on general wellness topics including, but not limited to nutrition, fitness, mindfulness, stress management, and lifestyle improvements, consistent with their qualifications and expertise.

Coaches are not medical professionals unless expressly stated, and they do not provide medical diagnosis, treatment, or prescriptions. All guidance and services provided by Coaches are for informational, educational, and supportive purposes only, and are not intended as a substitute for professional medical advice, diagnosis, or treatment. Users are advised to consult with licensed healthcare providers before making any health-related decisions.

Coaches are not employees or agents of NourishDoc unless explicitly agreed in writing. They operate independently and are solely responsible for the services they offer and the content they create. NourishDoc does not endorse or guarantee any specific outcome from services provided by a Coach. The relationship between the User and Coach is independent and entered into at the User’s discretion.

NourishDoc does not facilitate or permit individual one-on-one consultations of any type, medical appointments, personalized treatment sessions, or private health counseling between Coaches and Users. All services provided through the Platform are delivered through group-based formats including, but not limited to: Guided Experiences (pre-recorded content, workshops, bootcamps, masterclasses, events), Wellness Certifications, and similar educational formats designed for informational, educational, and wellness purposes. Any communication between Coaches and individual Users is limited to clarifying questions about group content, technical support, or general program guidance, and must not constitute personalized medical, nutritional, or health advice.

When these Terms refer to “Users,” they refer to those who use the Service for any other purpose, including when you browse the Service, purchase content or other items for sale, or watch sessions posted by Coaches. Unless otherwise specified, the use of “you” (or similar words like “your”) and “user” or “users” refers to both Users and Coaches, as applicable.

“Programs” means structured, self-guided or semi-guided wellness, self-care, educational, or lifestyle programs created, owned, and offered directly by NourishDoc. Programs may include digital content, tools, assessments, reflections, progress tracking features, or related resources , and may incorporate Contributor Content from Coaches as permitted under the Coach Terms and Conditions. Programs are proprietary NourishDoc content and are distinct from Guided Experiences and Wellness Certifications, which are created and offered by independent Coaches through the Marketplace Platform. Access to Programs may be provided on a subscription basis, one-time purchase, or through Organization-sponsored memberships.

For clarity, only Programs may be eligible for participation in NourishDoc affiliate, referral, or commission-based promotional programs, unless expressly stated otherwise by NourishDoc in a separate written agreement.

“Organization” means a company, employer, or other legal entity that has entered into an agreement with NourishDoc to provide access to the Services to its Members.

“Member” means an individual authorized by an Organization to access the Services under that Organization’s account.

Any decision by a User to seek, offer, or accept Services is a decision made in each User’s sole discretion. Each Service delivered by a Coach to another User shall constitute a separate agreement for such Services, between the relevant Coach and other User, each subject to this Agreement. NourishDoc disclaims all liability in respect of any Services provided by any Coach on the NourishDoc Platform or through the Services.

The NourishDoc Platform offers Users a portal through which to amplify their health and wellness, but there are certain services and information that we do not offer and that are outside of the scope of the Services:

THE SERVICES OFFER USERS PERSONAL MENTAL, PHYSICAL, EMOTIONAL, SPIRITUAL, SOCIAL, AND FINANCIAL HEALTH COACHING SERVICES AIMED AT IMPROVING YOUR OVERALL HEALTH AND WELLNESS. DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS OR OTHER PROFESSIONAL SERVICE ADVICE. IT IS FOR INFORMATION ONLY. IF YOU ARE EXPERIENCING AN EMERGENCY, PLEASE CALL 911 IMMEDIATELY. YOU UNDERSTAND AND AGREE THAT ANY INFORMATION YOU LEARN FROM THE SERVICES IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED, DESIGNED, OR IMPLIED TO: (I) DIAGNOSE, PREVENT, OR TREAT ANY CONDITION OR DISEASE; (II) TO ASCERTAIN THE STATE OF YOUR HEALTH, TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE; (III) TO BE A SUBSTITUTE FOR THE ADVICE OF A FINANCIAL ADVISOR, REGISTERED DIETITIAN, OR MEDICAL PROFESSIONAL. YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THESE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

NO INFORMATION PROVIDED OR SHARED ON THE NOURISHDOC PLATFORM IS INTENDED TO BE, AND MUST NOT BE TAKEN AS, THE PRACTICE OF MEDICINE OR COUNSELING CARE. THIS SERVICE IS NOT INTENDED TO PROVIDE MEDICAL ADVICE, CLINICAL SERVICES, OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING CARE INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, BEHAVIORAL HEALTH COUNSELING, PHARMACY, AND THE PROVISION OF HEALTHCARE ADVICE, DIAGNOSIS, PROGNOSIS, OR TREATMENT RELATING TO ANY MEDICAL OR HEALTH-RELATED CONDITION.

THIS SERVICE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL OR HEALTH-RELATED CONDITION. DO NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL ADVICE OR TREATMENT FROM YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER DUE TO ANY INFORMATION ACQUIRED ON THE NOURISHDOC PLATFORM. YOUR ACCESS TO OR USE OF THE NOURISHDOC PLATFORM AND THE SERVICES DOES NOT CREATE IN ANY WAY A PHYSICIAN/PATIENT, CONFIDENTIAL, OR PRIVILEGED RELATIONSHIP, OR ANY SIMILAR RELATIONSHIP THAT WOULD GIVE RISE TO DUTIES ON OUR PART. RELIANCE ON ANY INFORMATION ACQUIRED ON THE NOURISHDOC PLATFORM IS SOLELY AT YOUR OWN RISK.

YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING ANY EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING. DO NOT USE NOURISHDOC IF YOU ARE PREGNANT UNLESS YOU HAVE RECEIVED PERMISSION FROM YOUR PHYSICIAN. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE!

NOURISHDOC DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PROFESSIONAL SERVICE PROVIDERS, CLINICS, FACILITIES, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION PROVIDED OR SHARED ON THE NOURISHDOC PLATFORM.

BY INDICATING AGREEMENT TO THESE TERMS OF USE OR OTHERWISE ACCESSING OR USING THE SERVICES, OR ANY PORTION THEREOF, INCLUDING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF AND, AS APPLICABLE, THE ENTITY THAT YOU REPRESENT). IF THE INDIVIDUAL ENTERING INTO THESE TERMS OR OTHERWISE ACCESSING OR USING THE SERVICES IS DOING SO ON BEHALF OF, OR WITHIN HIS OR HER CAPACITY AS A REPRESENTATIVE, AGENT, OR EMPLOYEE OF AN ENTITY, SUCH INDIVIDUAL AND SUCH ENTITY: (i) AGREE THAT THE TERMS “YOU” AND “YOUR” AS USED HEREIN APPLY TO SUCH ENTITY AND, AS APPLICABLE, SUCH INDIVIDUAL; AND (ii) REPRESENT AND WARRANT THAT THE INDIVIDUAL ENTERING INTO THESE TERMS HAS THE POWER, RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS ON BEHALF OF SUCH ENTITY.  IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICES.

If you are a Coach, your access to and use of the Service are additionally subject to the Coach Terms and Conditions.

In these Terms, the words “including” and “include” mean “including, but not limited to.”

We may, at our sole discretion, modify these Terms at any time. By accessing the Service at any time after such modifications, you are agreeing to such modifications.

If you accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Table of Contents

I. Account Terms

II. Subscriptions, Payments, and Cancellation 

III. Prohibited Uses

IV. Our Materials and License to You

V. User Content

VI. Guided Experiences and Wellness Certifications 

VII. Content Notifications and Content Moderation 

VIII. Content Recommendations

IX. Arbitration Agreement

X. Class Action Waiver

XI. Disclaimer of Warranties 

XII. Limitation of Liability 

XIII. Indemnification 

XIV. Sanctions and Export Laws

XV. Mobile Applications

XVI. International Users

XVII. How to Contact Us

XVIII. Miscellaneous

I. Account Terms

A. Eligibility & Responsibilities

Users and Coaches must be at least 18 years of age to create an account on NourishDoc or any NourishDoc owned or operated platforms and to use the Services.

Additionally, the following terms apply to your use of the Service and any account that you may open or attempt to open via the Service:

• You must provide us with the following information in order to create a NourishDoc account: an email address you control and use and your zip code. You must also provide us with valid credit card information. Creation of accounts for other NourishDoc owned or operated platforms, if any, may require you to provide other information, which will be specified in the account creation flow of any such platform.
• You must keep all of your information up to date.
• You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted.
• Your account must be used by you alone. You may not share your account, your login information, access to your NourishDoc membership, or any content contained on the Service with anyone else and you may not create an email alias for purposes of sharing your NourishDoc membership with other individuals or groups. This rule does not apply solely where an organization has created a single account for the limited purpose of publishing session material on behalf of multiple Coaches, with the permission of each of those Coaches.
• You are responsible for maintaining the security of your account and password. We view any actions taken by your account as taken by you. NourishDoc will not be liable for any loss or damage from your failure to comply with this security obligation.
• Your use of the Service is subject to all applicable laws and regulations. You will use the Service only for lawful purposes.
• Our Service may integrate with third-party tools to provide certain features or functionality. By using our Service, you agree to be bound by the terms of service and privacy policies of these third-parties, which may include YouTube, Vonage, Stream.io, and Mux.
• You will comply with our Community Guidelines whenever you use the Service, including during your participation in any Guided Experience (as defined in Section VI below) or Marketplace transaction.
• You will use any data associated with the Service in accordance with our Privacy Policy.
• By enrolling in a session, other content on NourishDoc, a Guided Experience, a Wellness Certification program, or by engaging in a Marketplace transaction, you grant us permission to share your information, including personal data (as further specified in our Privacy Policy), with the Coach offering the content or Guided Experience or Wellness Certification or participating in the transaction.
• You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on our servers on your behalf.
• You acknowledge that your use of the Services requires that you have hardware, software, and an internet connection fulfilling certain requirements. If those requirements are not met, you potentially may still use the Services, but it may be at a lower quality or performance. Such reduced quality or performance will not give you the right to claim compensation or seek a refund from NourishDoc.
• You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service.
• You can terminate your account at any time by following the steps here. Review our Privacy Policy to see what happens when you terminate your account.
• We may terminate your account and delete any content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, we will attempt to warn you by email, using the email address we have for you on file, before terminating your account, in an effort to provide you with an opportunity to log in to your account so that it remains active.

If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that deceased user will be closed.

We reserve the right to, at any time, without notice, modify, suspend, or terminate operation of or access to the Service, or any portion of the Service, for any reason. We further reserve the right to delete or suspend your account: (1) if you violate our Terms, Coach Terms and Conditions, or our Community Guidelines; or (2) if you are inactive for an extended period of time.

We may use the email address you provide us when you create a NourishDoc account or an account with another NourishDoc owned or operated platform to share with you marketing or other promotional communications. By creating an account and providing us an email address, you agree to the use of your email address for these purposes. You may opt out of future marketing or promotional communications at any time by going to your NourishDoc Account Settings at https://www.NourishDoc.com/en/settings/email-notifications. From there, you can choose the subjects on which you wish to receive marketing communications, or select “Don’t Send Me Any Email” to unsubscribe from all marketing and promotional communications.

B. Disclaimer Regarding AI-Generated Output 

This application utilizes Large Language Model (LLM) technology to generate Artificial Intelligence (AI)  responses. Users acknowledge and agree that:

1. No Guarantee of Accuracy: Responses generated by the LLM are provided “as is” without any warranties, express or implied, regarding their accuracy, completeness, reliability, or timeliness. The LLM generates text based on patterns in training data and may produce inaccurate, incomplete, outdated, or misleading information.
2. No Professional Advice: The responses provided through this application do not constitute professional, legal, medical, financial, or other expert advice. Users should not rely on LLM-generated content as a substitute for consultation with qualified professionals in relevant fields.
3. Independent Verification Required: Users are solely responsible for independently verifying any information obtained through this application before relying on it for any purpose, particularly for decisions that may have significant consequences.
4. Limitation of Liability: To the fullest extent permitted by law, NourishDoc disclaims all liability for any errors, omissions, or inaccuracies in LLM-generated content, and for any actions taken or decisions made in reliance on such content.
5. User Responsibility: Users assume all risks associated with the use of LLM-generated content and agree to exercise their own judgment and caution when using this application.

C. Organization and Member Accounts

If you are using the Services as a Member under an Organization’s account, your access is subject to the terms agreed between NourishDoc and your Organization. We may restrict, suspend, or terminate your access at your Organization’s request.

Each Organization is responsible for ensuring its Members comply with these Terms. We are not liable for actions taken by an Organization regarding Member accounts.

Data Sharing with Organizations:

When you access the Services as a Member under an Organization’s account, your Organization may receive limited information about your Platform usage as described in our Privacy Policy. Please review the Privacy Policy for complete details on what data Organizations can and cannot access.

Organization-Sponsored vs. Personal Purchases – Service Access:

Organization-Sponsored Content:

• Your Organization determines which Programs, certifications, or content are included in your sponsored access
• Organization-sponsored content access is controlled by your Organization’s agreement with NourishDoc
• If your Organization ends sponsorship, you will lose access to Organization-sponsored Programs and content

Personal Purchases:

• Any Guided Experiences, certifications, or Marketplace products you purchase independently with your own payment method are considered personal purchases
• Personal purchases are tied to your individual account, not your Organization’s account
• You retain full access to personal purchases regardless of your Organization’s sponsorship status
• Independently earned certifications remain valid and accessible even if Organization access ends

Termination or Suspension by Organization:

Your Organization may terminate or suspend your Member access at any time, at their sole discretion. If your Organization-sponsored access ends:

• You will immediately lose access to all Organization-sponsored Programs, content, and features
• Any in-progress Organization-sponsored certifications may become inaccessible
• You will retain access to all content, Programs, and certifications purchased with your own payment method
• Certifications you completed during Organization sponsorship remain valid credentials, though you may lose access to course materials

Converting to Individual Account:

If your Organization-sponsored access ends, you have the option to convert your account to an individual (non-sponsored) account:

• You may continue using the NourishDoc Platform by creating an individual account
• All personal purchases and independently earned certifications will transfer to your individual account
• You will need to agree to individual account terms and pricing
• To convert your account, contact us at [email protected] within 30 days of Organization access termination

Member Responsibilities:

As a Member under an Organization account, you agree to:

• Comply with both these Terms of Service and any additional policies established by your Organization
• Not share your Organization-sponsored access credentials with non-authorized individuals
• Notify your Organization and NourishDoc if your employment or relationship with the Organization ends
• Understand that your Organization may receive aggregated usage data as described in our Privacy Policy

II. Subscriptions, Payments, and Cancellation

A. Subscriptions, Purchases, and Payments

• Unless you enrolled via a gift membership, prepaid membership, or scholarship, your subscription will continue and automatically renew on a monthly or annual basis unless and until you cancel your subscription, or your account is otherwise suspended or terminated pursuant to these Terms. When your subscription renews each month/year, we will automatically charge your payment method on file for the subscription fee, as well as any applicable tax, on the calendar day corresponding to the commencement of your paying membership. If your payment method expires prior to renewal, that payment method may be automatically updated based on information provided by your card issuer. This is done in partnership with major credit card issuers, so your payment doesn’t fail and you don’t have to update your card details manually. Nonetheless, you agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. We reserve the right to change the timing of our billing, including if your payment method has not successfully settled.
• If you are located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we may be responsible for collecting and remitting that tax to the proper tax authorities. Depending on your location, the price you see may include such taxes, or tax may be added at checkout.
• NourishDoc collects all fees through secure third-party payment processors. Our third-party payment processors accept payments through methods detailed on the applicable payment screen, which may include various credit cards and PayPal. Such payment methods are subject to change. Information that you supply to our payment processors is not stored by us or within our control, and is subject to each of our third-party payment processors’ own privacy policies and terms and conditions. Third-party payment processors may charge a fee to process payments and NourishDoc is not responsible for any fees charged by them. NourishDoc disclaims all liability with regard to any fees or problems you have with third-party payment processors.
• If you enroll in a NourishDoc subscription via a gift membership, prepaid membership, or scholarship, you will not be required to provide a payment method at the time of enrollment and your subscription will end automatically at the conclusion of the subscription period provided by your gift membership, prepaid membership, or scholarship. If you wish to continue your subscription beyond that period, you will need to enroll in an automatically renewing subscription and provide a method of payment.
• NourishDoc reserves the right to develop and launch new products or services or make changes to any products or services offered through the Service. If you choose to purchase or participate in any additional products or services offered by NourishDoc or Coaches, you may be charged additional amounts for such products or services.
• NourishDoc also reserves the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of your next billing period following the date of the change. We will give you advance notice of these changes, but we will not be able to notify you of changes in any applicable taxes. If you do not wish to accept the price change or change to your subscription plan, you can cancel your subscription before the change takes effect.
• Price changes, whether pertaining to subscriptions or other products, may be the result of many factors, including changes in costs related to procuring content or providing the Services, changes to market conditions or the consumer price index, or changes to applicable tax rates. Should these costs go up, we may increase our prices accordingly. Should these costs go down, we may decrease our prices accordingly.
• You may be offered the opportunity to participate in additional programs, such as a user referral program. Affiliate, referral, or promotional commission programs offered by NourishDoc apply only to eligible NourishDoc Programs, as designated by NourishDoc from time to time. Such commission programs do not apply to Guided Experiences, Wellness Certifications, or other content, services, or offerings provided by Coaches through the Marketplace Platform, unless expressly agreed to in writing by NourishDoc. If you choose to participate in any such program, you will be subject to the terms of those programs, if any. More information on user referral programs can be found here.

B. Free Trials and Other Promotions or Sales

From time to time, we or others on our behalf may offer trials of paid subscriptions for a specified period without payment or at a reduced rate (a “Trial”). NourishDoc reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.

For some Trials, we will require you to provide a payment method to start the Trial. At the end of such Trials, we will automatically charge you via that payment method for the applicable paid subscription on the first day following the end of the Trial and on a recurring monthly or annual basis, unless you cancel prior to the end of the free Trial, or before the renewal date, as applicable. By providing your payment details in conjunction with the Trial, you agree to this charge using such payment method. If you do not want this initial charge, or the renewal charge, you must cancel the applicable paid subscription prior to the charge through either your payment settings within your NourishDoc account profile located at https://www.NourishDoc.com/settings/payments, or through the account settings of any other NourishDoc owned or operated platform for which you began a Trial.

We also occasionally run time-limited promotions and sales, during which time the cost of subscription may be lower. The subscription price we offer may be different when you are logged into your account compared to the price available to users who aren’t registered or logged in, for example because some of our promotions are available only to new users. Promotional or sale prices will typically be limited to a specified period of time (for example, one year for discounts on annual subscriptions). At the end of that period of time, your subscription will automatically renew at the then-applicable full price, unless you cancel prior to renewal by changing your settings on your account profile.

C. Refunds

Please consult our Refund Policy to learn more about whether you might be entitled to a refund for your purchase.

NourishDoc has no obligation to consider or grant refund requests, including (i) for subscription plans purchased with a 7-day or longer free trial; or (ii) that otherwise do not follow our Refund Policy. To the extent permissible under applicable law, you are entitled to, at most, one refund only. Once a refund for a subscription is confirmed, you will lose all access to your membership. Once a refund for a Guided Experience or Wellness certification is confirmed, you will no longer be able to access or attend the Guided Experience or Wellness certification respectively.

We will not provide refunds to users who have acted in a fraudulent manner or in a way that violates or would violate these Terms or our Community Guidelines (as determined in our sole discretion), including users who have been deactivated for the same.

If you purchased a subscription through the Apple App Store, our iPhone application, the Google Play Store, or our Android application, please consult the refund policy associated with the service by which you subscribed.

D. Cancellations

You may cancel your NourishDoc membership at any time for any or no reason, but if you cancel your membership before the end of the current subscription period, we will not refund any subscription fees already paid to us or charged to your payment method except in the limited circumstances set forth in Section II.C above. To cancel your recurring subscription, please visit your payment settings within your NourishDoc account profile located at https://www.NourishDoc.com/settings/payments. If you cancel your NourishDoc membership, you will lose access to all sessions you enrolled in during your NourishDoc membership at the end of your billing period. If you choose to sign back up as a paying member, your billing date will reset to the day you paid. If you pay for your subscription through an account with a third party (e.g., Apple App or GooglePlay), you may have to cancel through that third party.

You may cancel any subscription at any time for any or no reason. To cancel your subscription, please visit the subscription tab within your account profile. If you cancel your subscription, you will lose access to all paid content at the end of your billing period.

III. Prohibited Uses

To use the Service, you must agree to comply with the following:

• You will not upload, share, post, transmit, distribute, offer for sale, or otherwise make available any content or items that you do not have a right to make available under any law or under contractual or fiduciary relationships or that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property right of any party.
• You will not engage in any behavior that constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
• You will not upload, share, post, transmit, distribute, offer for sale, or otherwise make available any content or items, or partake in any behavior that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates applicable law or our rules or policies.
• You will not partake in any behavior nor upload, share, post, transmit, distribute, offer for sale, or otherwise make available any content or item that victimizes, harasses, degrades, or intimidates an individual or group of individuals, including on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
• You will not impersonate any person or entity, including any of our employees or representatives or users, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• You will not stalk, harass, or harm another person via use of the Services, including NourishDoc personnel.
• You will not harvest or otherwise collect information about other users of the Services, including email addresses, without their express written consent.
• You will not interfere with any NourishDoc-related content or User Content (as defined below).
• You will not remove any copyright, trademark, or other proprietary rights notices contained in or on the Services, NourishDoc-related content, or any works other than your own.
• You will not use any robots, spiders, or similar data mining, data gathering, extraction tools, or manual processes to collect, gather, or copy any content or data on or related to the Service in a manner not authorized by NourishDoc in writing.
• You will not distribute viruses or any other technologies that may harm us or the interests or property of our users, or upload, post, email, transmit, or otherwise make available through the Services any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
• You will not engage in practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Service, in any manner and any quantities not authorized by NourishDoc in writing.
• You will not interfere or attempt to interfere with the proper working of the Services or any activities conducted through them, including by bypassing any measures we may use to prevent or restrict access to the Services, or by circumventing or manipulating our payment process.
• You may not frame, mirror, or otherwise simulate the appearance or function of the Services, NourishDoc-related content, or any user’s works, or forge headers, icons, or otherwise manipulate identifiers in order to disguise the origin of any NourishDoc-related content transmitted through the Services.
• You may not decompile, disassemble, or otherwise reverse engineer the Services, NourishDoc-related content, or any portion thereof, or otherwise attempt to derive the source code or other trade secrets embodied in the Services.

IV. Our Materials and License to You

All right, title, and interest in and to the NourishDoc Services, including our websites, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Service (but excluding content provided by Coaches and Users) are and will remain the exclusive property of NourishDoc and its licensors. Our Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing gives you a right to use the NourishDoc name or any of the NourishDoc trademarks, logos, domain names, and other distinctive brand features.

Subject to your compliance with these Terms we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services for your personal, noncommercial, and educational use, solely as expressly permitted by these Terms and subject to all the terms and conditions of these Terms and other Governing Documents, all applicable laws, and any additional terms contained on the Service. Any other use of the Services is strictly prohibited. Nothing contained on the Services should be interpreted as granting to you any license or right to use any of the Services, User Content (as defined below), and/or any third-party proprietary content on the Services without the express written permission of NourishDoc or the relevant third-party owner, as applicable. Any rights not expressly granted herein are reserved by NourishDoc.

V. User Content

These Terms define “User Content” as any design, text, graphic, image, video, logo, button icon, software, audio file, computer code, digital product or other good, or other content that a user (including both Users and Coaches) posts, submits, transmits, uploads, offers for sale, or otherwise includes or makes available on and/or via the Service. You represent and warrant that you own all intellectual property rights in the User Content and/or have obtained all authorizations and rights, including permission from any copyright or trademark owner or releases from any models or other individuals appearing in any User Content, necessary for you to display, promote, offer for sale, and/or otherwise exploit the User Content through the Services, and to convey all rights granted under these Terms.

Except as specified otherwise herein and in the Coach Terms and Conditions, no User Content or other material made available on or through the Service may be copied, modified, reproduced, duplicated, republished, uploaded, posted, transmitted, sold, transferred, publicly displayed, distributed, or used by other users to create derivative works, in any way, without written permission of the applicable rights holder unless such User Content is specifically made available for and authorized to be downloaded from the Service, in which case you are authorized to download a single copy of such content for your own personal, noncommercial, and educational use. For example, certain session materials may be made available as unprotected PDF files that can be downloaded by Users and/or other users of the Service. User Content not made available for download may not be downloaded or copied without prior written permission. Modification of User Content obtained from the Service, for any other purpose, including any commercial purpose, is a violation of the rights of NourishDoc or its users or licensors, unless you have obtained express written authorization to the contrary.

We neither endorse nor assume any liability for any User Content posted to or offered for sale on the Service. We do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the User Content. If you access or purchase User Content, you rely on any information provided in that User Content at your own risk.

However, we and our agents have the right, at our sole discretion, to remove any User Content that, in our judgment, does not comply with the Governing Documents, applicable law, and/or any other rules of user conduct for the Service, or that is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing any User Content from the Service. You hereby consent to such removal and waive any claim against us arising out of such removal of any User Content, whether it is your own or another user’s. If you believe that User Content on the Services violates a patent, trademark, trade secret, right of publicity, or other right of any party please see Section VII below, which also includes a description of the procedures to be followed in the event that any party believes that User Content infringes on their copyright or the copyright of a party they are authorized to act on behalf of.

Any feedback, comments, or suggestions you may provide regarding NourishDoc or the Service is entirely voluntary and you authorize NourishDoc to use and share this content with anyone, distribute it and promote it on Services and in any media, and to make modifications or edits to it as we see fit, without any obligation to you. You agree that you shall have no recourse against NourishDoc for any alleged or actual infringement or misappropriation of any proprietary right in your communications to NourishDoc.

For specific information on copyright and other intellectual property policies related to Coaches and session content, please see our Coach Terms and Conditions.

For Users Only:

User Content submitted by Users for inclusion on the Service (including any information submitted on message boards, forums, or other public areas of the Service) is referred to in these Terms as “User Content.” All User Content is subject to these Terms. NourishDoc does not guarantee any confidentiality with respect to User Content, regardless of whether or not it is published. You are solely responsible for your own User Content and the consequences of posting or publishing it.

Users outside of the E.U. and U.K.: You may voluntarily submit or participate in the creation of User Content including, but not limited to, interviews, podcasts, guest webinars, video clips, or educational snippets. By submitting or posting User Content on or through the Service, you grant us a worldwide, non-exclusive license (with the right to sublicense) to use, reproduce, distribute, sell, bundle, access, view, crop, resize, copy, license, transmit, broadcast, and publicly perform and publicly display copies of your User Content (including your name and image) in any form, medium, or technology, including all media or distribution methods, now known or later developed for any lawful purpose. This includes making your User Content available to other companies, organizations, or individuals who partner with NourishDoc for the syndication, broadcast, distribution, or publication of content on other media, as well as using your User Content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any User Content that you submit. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis with no compensation paid to you.

Users in the E.U. and U.K.: You may voluntarily submit or participate in the creation of User Content including, but not limited to, interviews, podcasts, guest webinars, video clips, or educational snippets. By submitting or posting User Content on or through the Service, you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable, non-exclusive license (with the right to sublicense) to use, reproduce, distribute, sell, bundle, access, view, crop, resize, copy, license, transmit, broadcast, and publicly perform and publicly display copies of your User Content (including your name and image) on the Service or a platform owned, managed, and/or hosted by a third party with whom NourishDoc has entered into a written agreement to host, display, and publicly perform content. This includes making your User Content available to other companies, organizations, or individuals who partner with NourishDoc for the syndication, broadcast, distribution, or publication of content on other media, as well as using your User Content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any User Content that you submit. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis with no compensation paid to you.

VI. Guided Experiences and Wellness Certifications

NourishDoc or a Coach may inform you of and/or host a Guided Experience from time to time, for which you may be given or may be able to purchase tickets or other means of admission or attendance (each, a “Ticket”).

“Guided Experiences” means workshops, bootcamps, masterclasses, or related live events offered by Coaches through the platform. Guided Experiences may be delivered live, pre-recorded, or as a combination thereof, and may include group coaching sessions and other educational programming. Coaches who host Guided Experiences are subject to our Guided Experiences Terms and Conditions for Coaches.

“Wellness Certifications” means educational credential programs offered either by NourishDoc (as part of Programs) or by independent Coaches through the Marketplace Platform. Wellness Certifications may include structured coursework, assessments, practical demonstrations, and completion requirements.

WELLNESS CERTIFICATIONS DO NOT AUTHORIZE MEDICAL PRACTICE: Completion of any Wellness Certification offered through the NourishDoc Platform, whether issued by NourishDoc or by a Coach, does NOT:

• Qualify you to diagnose, treat, or prescribe treatments for medical conditions
• License you to practice medicine, nutrition therapy, mental health counseling, or any regulated healthcare profession
• Replace the education, training, clinical supervision, and licensing requirements for healthcare professionals
• Authorize you to hold yourself out as a licensed or certified healthcare provider unless you separately hold valid professional licenses
• Create any legal duty of care or professional relationship between you and individuals you may interact with using knowledge from the certification

If you intend to use knowledge gained from a Wellness Certification in a professional capacity, YOU are solely responsible for:

• Ensuring you hold all required professional licenses for your jurisdiction
• Complying with all applicable laws, regulations, and professional standards
• Obtaining appropriate professional liability insurance
• Understanding the scope of practice limitations for your credentials
• Not misrepresenting your qualifications or the nature of certifications you hold

IMPORTANT DISCLAIMERS REGARDING CERTIFICATIONS:

NourishDoc-Issued Certifications: Certifications issued directly by NourishDoc through our Programs are proprietary educational credentials. These certifications:

• Do NOT constitute professional licensure, accreditation, or official credentials recognized by government agencies, professional licensing boards, or accrediting bodies
• Are intended for personal enrichment, professional development, or demonstration of knowledge in wellness topics
• May not be recognized by employers, educational institutions, or other third parties as equivalent to state-licensed or nationally-accredited certifications
• Do not authorize the holder to practice as a licensed healthcare professional, registered dietitian, certified personal trainer, or any other regulated profession

Coach-Issued Certifications: Certifications offered by independent Coaches through our Marketplace Platform are created, administered, and issued solely by those Coaches. NourishDoc:

• Does NOT accredit, validate, endorse, or guarantee the quality, recognition, or professional value of Coach-issued certifications
• Does NOT verify that Coach-issued certifications meet any industry standards, professional requirements, or educational benchmarks
• Makes NO representations about whether Coach-issued certifications will be recognized by employers, licensing boards, or other third parties
• Is NOT responsible for the content, accuracy, or legitimacy of Coach-issued certifications
• Does NOT guarantee that Coaches issuing certifications possess the proper credentials, qualifications, or authority to issue such certifications

Users who complete Coach-issued certifications do so at their own discretion and risk. It is YOUR responsibility to verify:

• Whether the Coach has legitimate credentials to issue certifications in their claimed area of expertise
• Whether the certification will be recognized or valued by your employer, industry, or intended use case
• The accreditation status and professional standing of any certification before enrolling

International Certifications: Certifications issued by Coaches located outside the United States may not comply with U.S. educational standards, professional requirements, or legal regulations. NourishDoc makes no representations about the validity, legality, or recognition of international certifications in any jurisdiction.

EMPLOYER AND THIRD-PARTY RECOGNITION: NourishDoc makes NO representations or warranties that any Wellness Certification offered through the Platform (whether issued by NourishDoc or by independent Coaches) will be:

• Recognized, accepted, or valued by any employer, educational institution, licensing board, or professional organization
• Considered equivalent to degrees, licenses, or certifications from accredited educational institutions
• Sufficient to qualify you for employment, promotion, licensure, or professional advancement
• Accepted for continuing education units (CEUs), professional development hours, or similar requirements

Before enrolling in any certification program, it is YOUR responsibility to:

• Verify with relevant parties (employers, licensing boards, etc.) whether they will recognize the certification
• Understand the difference between NourishDoc/Coach-issued certifications and officially accredited credentials
• Research the professional value and market recognition of the certification
• Determine whether the certification meets your specific professional or educational goals

You authorize us to charge your payment method for such a transaction, where applicable. By submitting an offer to purchase and providing us, or a third-party partner acting on our behalf, with your payment method at checkout, you authorize NourishDoc (acting by its payment processor) to charge that payment method to take payment for your order. We are not responsible for any losses you may suffer if the payment method you use to pay for a Ticket does not have sufficient funds to cover all costs of that order.

Guided Experiences may take place in part or entirely in different countries, and Tickets will typically be sold in U.S. dollars (USD). You shall be responsible for any additional charges to which you may be subject by your credit or debit card provider or bank, or any currency exchange rate fluctuations and NourishDoc does not accept liability for these.

NourishDoc is not obliged to offer refunds for Tickets purchased for a specific date, should you change your mind about your purchase or fail to attend the Guided Experience. Should a Guided Experience  be canceled, you will be entitled to a full refund of the price paid for any Tickets you purchased for that Guided Experience.

A Ticket is a personal revocable license which may be withdrawn, and admission refused, at any time, subject to these Terms and any terms related to the Guided Experience or on the Ticket itself. Before you purchase a Ticket, NourishDoc or the hosting Coach will generally inform you of any restrictions which apply to entry. NourishDoc will not be responsible for the consequences of any failure by you to abide by such information provided pre-purchase. Ticket holders may also be ejected from a Guided Experience at any time if NourishDoc employees or a Guided Experience organizer or those working on their behalf determines that the Ticket holder is acting in contravention of the law, is a safety or security risk, may affect the enjoyment of others at the Guided Experience, or may cause damage, nuisance, or injury.

Guided Experiences and Wellness Certifications are not eligible for affiliate or referral commission programs unless expressly stated otherwise by NourishDoc in writing.

VII. Content Notifications and Content Moderation

NourishDoc has developed policies and procedures that provide Users, Coaches, and third parties in the European Union, including designated trusted flaggers according to Article 22 of Regulation (EU) 2022/2065 of the Digital Services Act (“DSA”), with the means to notify NourishDoc of allegedly illegal content (including copyright infringements) on the Services by using an electronic notification form. These policies similarly provide Users, Coaches, and third parties in the US with the means to notify NourishDoc about alleged copyright infringements in accordance with the Digital Millennium Copyright Act (“DMCA”).

You must follow these policies when submitting such notices. Details regarding these policies, as well as a link to the electronic notification form can be found on our Help Center.

VIII. Content Recommendations

NourishDoc sometimes uses automated processes and algorithms, such as artificial intelligence, to make recommendations to NourishDoc subscribers about content or products on the Services that the subscriber may be interested in. These recommendations are determined, at least in part, based on the following criteria:

• The skills that a subscriber follows on the Services;
• The sessions, or portions of sessions, that a subscriber clicks on, watches, and/or reviews on the platform;
• The country from which the subscriber is engaging with the Services;
• When the subscriber’s account was created;
• Whether the subscriber was referred to NourishDoc by a NourishDoc coach or another NourishDoc user.

IX. Arbitration Agreement

Please read this section carefully. It affects your legal rights, including your right to file or participate in a lawsuit in court.

(1) Informal Dispute Resolution Procedure. 

If a Dispute (as that term is defined below) arises between you and NourishDoc, NourishDoc is committed to working with you to try to reach a reasonable resolution. For any such Dispute, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. Such informal resolution requires first sending a written description of the dispute to the other party. For any Dispute you initiate, you agree to send the written description of the Dispute along with the email address associated with your account, if applicable, to the following email address: [email protected]. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; the specific relief sought; and proof of your relationship with NourishDoc. If the Dispute is not resolved within sixty (60) days after receipt of the written description of the Dispute, you and NourishDoc agree to the further Dispute resolution provisions below.

This informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. Failure to engage in this process could result in the award of fees against you in arbitration. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

For sake of clarification only, the informal dispute resolution negotiation shall be individualized such that a separate negotiation must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal dispute resolution negotiation, unless mutually agreed to by the parties. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference.

(2) Mutual Arbitration Agreement. 

If the informal dispute resolution procedure in Subpart (1) does not lead to resolution, then either party may initiate binding arbitration as the sole means to resolve Disputes, (except as provided for herein) subject to the terms set forth below and the National Arbitration and Mediation (“NAM”) rules. If you are initiating arbitration, a copy of the demand shall also be emailed to [email protected]. If you are a NourishDoc account holder, any demand initiating arbitration, whether filed by you or NourishDoc, must include the email address you used to create an account with NourishDoc.

Except as set forth below, you and NourishDoc agree that by using the Services in any way, you unconditionally consent and agree that any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against NourishDoc and/or its parent, subsidiaries, affiliates, and each of their respective current or former members, officers, directors, and employees (all such individuals and entities collectively referred to herein as the “NourishDoc Entities”) arising out of or relating to the Services or these Terms–including but not limited to any claim that all or any part of these Terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment, non-payment, or the timing of any administrative or arbitrator fees–(each a “Dispute”) will be resolved exclusively by final and binding arbitration in accordance with this Section IX (the “Arbitration Agreement”).

This Arbitration Agreement applies to claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth herein.

This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16.

The parties understand that an arbitrator and not a judge or jury will decide the Dispute, and that rights to discovery and appeals may be limited in arbitration. The parties further understand that the costs of arbitration could exceed the costs of litigation in some instances.

You hereby acknowledge and agree that by agreeing to these Terms and Arbitration Agreement, you and NourishDoc are each waiving the right to a trial by a jury to the maximum extent permitted by law.

Notwithstanding the parties’ decision to resolve all Disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initially chose; (ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights) or for defamation; and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this Arbitration Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.

(3) Class Arbitration and Collective Relief Waiver

You and NourishDoc acknowledge and agree that, to the maximum extent allowed by law, except as set out otherwise in Subpart (6) below, any arbitration shall be conducted in an individual capacity only and not as a class or collective arbitration and the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve an individual party’s claim; notwithstanding this acknowledgement and agreement, you agree that any arbitration involving you may proceed on a consolidated basis, but it may do so if and only if NourishDoc provides its consent to consolidate in writing.

With the exception of this Subpart (3) and Subpart (6) below, if any part of this Arbitration Agreement is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of NAM, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, this Subpart (3) or Subpart (6) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor NourishDoc shall be entitled to arbitrate their dispute.

(4) Arbitration Rules

The arbitration will be administered by NAM and conducted before a sole arbitrator in accordance with the rules of NAM, including, as applicable, NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Supplemental Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at [email protected]. If NAM is not available to arbitrate, the parties will select an alternative arbitration provider.

(5) Arbitration Location and Procedure

For all U.S. residents, the arbitration shall be held (i) at a location determined under the applicable NAM rules and procedures that is reasonably convenient for you and is no more than 100 miles from your home or place of business; or (ii) at another location you and we agree upon. For non-U.S. residents, the arbitration shall be held in Redwood City, San Mateo County, California.

The arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the NAM rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with the Informal Dispute Resolution Procedure contemplated by this Arbitration Agreement.

(a) Arbitration Demand Must Contain Sufficient Notice

Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based, and must include proof that the claimant is party to this Arbitration Agreement and to these Terms. The arbitrator and/or NAM may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11), including for any claim filed on behalf of a claimant who is not a party to this Arbitration Agreement or to these Terms.

(b) Arbitration Conducted on Papers in Some Instances

If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and NourishDoc submit to the arbitrator, unless the arbitrator determines that a hearing is necessary or the parties agree otherwise. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.

(c) Dispositive Motions

Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute.

(d) Confidentiality

Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and NourishDoc (and each of the parties’ authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).

(6) Batch Arbitration

To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM against NourishDoc (“Mass Filing”), the parties agree (i) to administer the Mass Filing in sequential batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands); (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by NAM in its discretion; (iv) that 10% of the anticipated total number of batches for the Mass Filing may proceed simultaneously as set forth in this batching provision and Arbitration Agreement, but that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior set of batches is filed, processed, and adjudicated (for example: if 2000 demands were presented as part of a Mass Filing, there would be 20 anticipated batches, 10% of which – i.e., 2 batches – may proceed simultaneously); (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by NourishDoc and the claimants, shall only be due after your demand for arbitration is included in a batch proceeding and that batch is properly designated for filing, processing, and adjudication; (vi) that the staged process of batched proceedings, with each batch including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved, and (vii) to make good faith efforts to resolve each batch of claims properly designated for filing, processing, and adjudication within 180 days, failing which any of the claimants whose demands have not yet begun arbitration or NourishDoc may cease arbitration and file in a court of competent jurisdiction.

Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted.

You agree to cooperate in good faith with NourishDoc and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind. Unless NourishDoc otherwise consents in writing, NourishDoc does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Subpart (6). If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.

The parties agree that this batching provision is integral to the Arbitration Agreement insofar as it applies to a Mass Filing. If the batching provision in this Subpart (6) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor NourishDoc shall be entitled to arbitrate any claim that is a part of the Mass Filing.

(7) Mediation Following First Batch in a Mass Filing

The results of the first completely adjudicated batch of demands will be given to a NAM mediator selected from a group of 5 mediators proposed by NAM, with NourishDoc and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results are provided to the mediator, NourishDoc, the remaining claimants and their counsel, and the mediator will have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period, and cannot agree on a methodology for resolving them through further arbitrations, either NourishDoc or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither NourishDoc nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

(8) Arbitrator’s Decision

The arbitrator’s decision shall be controlled by the terms and conditions of these Terms and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Services. The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the terms of Section XI “Disclaimer of Warranties” and Section XII “Limitation of Liability” as to the types and the amounts of damages or other relief for which a party may be held liable. No individual arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorneys’ fees will be available to the prevailing party in the arbitration if authorized under applicable substantive law governing the claims in the arbitration.

(9) Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $5,000, NourishDoc will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise, including as set forth in this Arbitration Agreement.

The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate (including as specified in Subpart (6)) provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

(10) 30-Day Right to Opt Out

You have the right to opt out and not be bound by the Arbitration Agreement by submitting the information requested via this form. You must provide all of the information requested in the form and you must submit your form response within thirty (30) days of first becoming subject to this Arbitration Agreement. You become subject to this Arbitration Agreement on (a) October 4, 2023, or (b) the date you create your NourishDoc account (if you created your account after October 4, 2023), whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If you opt out of the Arbitration Agreement, NourishDoc also will not be bound by it.

(11) Changes

NourishDoc will provide thirty (30) days’ notice of any material changes to this Section IX. Any such changes will go into effect 30 days after NourishDoc provides this notice and apply to all claims not yet filed regardless of when such claims may have accrued. If NourishDoc changes this Section IX after the date you first accepted this Arbitration Agreement (or accepted any subsequent changes to this Arbitration Agreement), you agree that your continued use of the Services 30 days after such change will be deemed acceptance of those changes.

X. Class Action Waiver

You may only resolve your dispute with NourishDoc on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, collective, consolidated, or representative action. Except as described in Section VIII(6), class actions, class arbitrations, collective actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

XI. Disclaimer of Warranties

The Service and all materials included therein (whether housed on the Service alone or also on a third-party platform) are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, we make no warranty that (a) the Service and materials will meet your requirements, (b) the Service and materials will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Service or materials will be effective, accurate, or reliable, or (d) the quality of any session or Guided Experience that you attend via the Service, item you purchase via the Service, or any other products, services, or information purchased or obtained by you from the Service, from us or our affiliates, will meet your expectations or be free from mistakes, errors, or defects.

The use of the Service or the downloading or other acquisition of any content, materials, or items through the Service is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage or loss of data that results from such activities.

In the event that any content available on the Service is also available through any third-party platform, or if NourishDoc provides links from the Service to any third-party platform or permits any third-party to link from its platform to the Service, you understand and agree that NourishDoc makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of NourishDoc, and NourishDoc provides and/or permits these links only as a convenience to you.

NourishDoc-affiliated content available through the Service or a third-party platform or presented at any session or Guided Experience represents the opinions and judgments of an information provider, user, User, Coach, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone, including any Coach(s), other than an authorized NourishDoc spokesperson speaking in his/her official capacity.

NourishDoc does not (i) directly or indirectly practice medicine, law, or financial planning, (ii) dispense medical, legal, or financial services, (iii) provide medical, legal, or financial advice, or (iv) otherwise convey medical, legal, or financial opinions. You agree and understand that NourishDoc assumes no liability for the accuracy or completeness of any content or items offered on the Service.

To the extent NourishDoc provides any information regarding health, wellness, or physical exercise through the Service, we do so only in a general way. You acknowledge and agree that the Service is not intended to be, and will not be used as, a substitute for medical treatment by a healthcare professional. You agree to consult your healthcare provider before initiating any physical exercises or wellness practices, and follow your provider’s advice accordingly. You also acknowledge and agree to accept the inherent risks and dangers in participating in new or strenuous health, wellness, and physical exercises. You agree that NourishDoc will not be liable for any injury, loss, or damages arising from your access or practice of the Service’s health, wellness, and/or physical exercise content.

Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.

XII. Limitation of Liability

IN NO EVENT SHALL NOURISHDOC OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “NOURISHDOC PARTIES”) BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, ANY GUIDED EXPERIENCE, ANY MARKETPLACE TRANSACTION, OR ANY WEB SITE OR THIRD-PARTY PLATFORM REFERENCED OR LINKED TO FROM THE SERVICE OR THAT OTHERWISE DISPLAYS NOURISHDOC-AFFILIATED CONTENT.

FURTHER, NEITHER WE, NOR ANY OTHER NOURISHDOC PARTY, SHALL BE LIABLE IN ANY WAY FOR ANY SESSION, GUIDED EXPERIENCE, MARKETPLACE TRANSACTION, OR OTHER THIRD-PARTY GOODS AND SERVICES OFFERED THROUGH THE SERVICE OR THROUGH A THIRD-PARTY PLATFORM. YOU AGREE THAT NOURISHDOC IS NOT PARTY TO ANY TRANSACTION BETWEEN ANY USER AND/OR COACH AND CANNOT BE HELD RESPONSIBLE FOR ANY ISSUES ARISING FROM ANY SUCH TRANSACTION. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE ACCURACY OR VALIDITY OF ANY STATEMENT, CLAIM, OR OFFERING MADE BY A COACH, NOR DO WE GUARANTEE THE PERFORMANCE OR CONDUCT OF ANY COACH, USER, OR THIRD PARTY.

WE ARE ALSO NOT LIABLE FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTIES, INCLUDING THIRD PARTIES YOU MIGHT INTERACT WITH DURING A SESSION, GUIDED EXPERIENCE, OR MARKETPLACE TRANSACTION. NOURISHDOC GENERALLY DOES NOT SUPERVISE SESSIONS, GUIDED EXPERIENCES, OR MARKETPLACE TRANSACTIONS AND IS NOT INVOLVED IN ANY WAY WITH THE ACTIONS OF ANY INDIVIDUALS (WHETHER USERS OR COACHES) AT ANY SESSION OR GUIDED EXPERIENCE OR DURING ANY MARKETPLACE TRANSACTION. WE GENERALLY DO NOT HAVE CONTROL OVER THE IDENTITY OR ACTIONS OF THE INDIVIDUALS WHO ARE PRESENT AT THESE SESSIONS OR GUIDED EXPERIENCES, OR WHO ENGAGE IN MARKETPLACE TRANSACTIONS, AND WE REQUIRE THAT OUR USERS EXERCISE CAUTION AND GOOD JUDGMENT WHEN PARTICIPATING IN THESE ACTIVITIES. SOME SESSIONS, GUIDED EXPERIENCES, OR MARKETPLACE TRANSACTIONS MAY CARRY INHERENT RISK AND BY PARTICIPATING IN THESE ACTIVITIES, YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY. YOU ACKNOWLEDGE AND AGREE THAT BY PARTICIPATING IN ANY SESSION, GUIDED EXPERIENCE, OR MARKETPLACE TRANSACTIONS (WHETHER AS A USER, COACH, BUYER, OR SELLER) YOU MAY BE EXPOSED TO A VARIETY OF RISKS AND HAZARDS, WHICH MAY OR MAY NOT BE FORESEEN, INCLUDING (WITHOUT LIMITATION) PERSONAL INJURY, PROPERTY DAMAGE, AND DEATH. YOU ARE SOLELY RESPONSIBLE FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH YOUR PARTICIPATION IN ANY SESSION, GUIDED EXPERIENCE, OR MARKETPLACE TRANSACTION.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND HOLD HARMLESS NOURISHDOC AND EACH OF THE OTHER NOURISHDOC PARTIES FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO YOUR USE OF THE SERVICE OR PARTICIPATION IN ANY SESSION, GUIDED EXPERIENCE, OR MARKETPLACE TRANSACTION, WHETHER AS A USER OR COACH, INCLUDING AS IT RELATES TO THE ACTS OR OMISSIONS OF ANY THIRD PARTY USED BY NOURISHDOC TO FACILITATE THE SERVICE OR ANY PAYMENTS RELATED THERETO. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS, AND ASSIGNS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTIONAL RESTRICTIONS ARE APPLICABLE.

IF APPLICABLE, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN RELEVANT PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

XIII. Indemnification

UPON A REQUEST BY US, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND THE OTHER NOURISHDOC PARTIES HARMLESS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, THAT ARISE FROM YOUR VIOLATION OF THESE TERMS OR ANY OF THE OTHER GOVERNING DOCUMENTS, OR NEGLIGENT OR WRONGFUL CONDUCT, INCLUDING WITH RESPECT TO ANY USER CONTENT YOU UPLOAD OR PLACE ONTO THE SERVICES, OR ANY CONTENT OR OTHER ITEM YOU OFFER FOR SALE ON THE SERVICES. WE RESERVE 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 US IN ASSERTING ANY AVAILABLE DEFENSES.

XIV. Sanctions and Export Laws

You acknowledge that the Services and the items made available through the Services, are subject to U.S. export control and sanctions laws and regulations, including the Export Administration Regulations and the regulations, rules, and executive orders administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury (“OFAC”) (collectively, the “Export Controls and Sanctions Laws”). You represent and warrant that you (as an individual or as a representative of any entity on whose behalf you use the Services) are not located in, or a resident of, any country that is subject to applicable U.S. trade sanctions or embargoes (such as Belarus, Cuba, Iran, North Korea, Russia, Syria, or the occupied regions of Ukraine). You represent and warrant that you are not a person or entity who is named on any U.S. government list of restricted parties that would require a license to use the Service. You also represent and warrant that you are not owned 50% or more by such a restricted party, if such ownership would cause you to become subject to similar restrictions.

If you become subject to such a restriction during the term of any agreement with NourishDoc, you will notify us within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no further liability to you (but without prejudice to your outstanding obligations to NourishDoc).

You may not access, use, export, re-export, divert, transfer in-country, or disclose any portion of the Services or any related software, technical information, or materials, directly or indirectly, in violation of any United States and other applicable country Export Controls and Sanctions Laws, rules, and regulations and requirements. You agree not to upload any content or technology (including information on encryption) whose export is specifically controlled by such laws.

XV. Mobile Applications

We make available Mobile Applications to access the website and Services via a mobile device. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. We do not warrant that the Mobile Application will be compatible with your mobile device. We hereby grant to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that we may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and we and our third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.

The following additional terms and conditions apply with respect to any Mobile Application that we provide to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):

• You acknowledge that these Terms are between you and NourishDoc only, and not with Apple, Inc. (“Apple”).
• Your use of our iOS App must comply with Apple’s then-current App Store Terms of Service.
• We, and not Apple, are solely responsible for our iOS App and the Services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
• You agree that we, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
• You agree that we, and not Apple, are responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
• The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of our iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.

The following additional terms and conditions apply with respect to any Mobile Application that we provide to you designed for use on an Android-powered mobile device (an “Android App”):

• You acknowledge that these Terms are between you and NourishDoc only, and not with Google, Inc. (“Google”).
• Your use of our Android App must comply with Google’s then-current Android Market Terms of Service.
• Google is only a provider of the Android Market where you obtained the Android App. We, and not Google, are solely responsible for our Android App and the Services and content available thereon. Google has no obligation or liability to you with respect to our Android App or these Terms.
• You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to our Android App.

You must also comply with all applicable third-party terms of service when using the App.

XVI. International Users

The Services can be accessed from countries around the world. The Services are intended for access and use solely within the United States of America. NourishDoc operates and controls the Services from its facilities in the United States and makes no representations that the Services are appropriate, available, or lawful for use outside the U.S. Any access to or use of the Services from outside the United States is unauthorized and at the user’s own risk. Users are solely responsible for complying with all local laws and regulations if they access the Services from a location outside the United States.

(1) Certification Integrity and Prohibited Conduct

Fraudulent Certification Claims: Users are strictly prohibited from:

• Falsely claiming to have completed any Wellness Certification offered through the Platform
• Altering, modifying, or forging certification documents, credentials, or verification records
• Using NourishDoc or Coach-issued certifications to misrepresent professional qualifications, licenses, or credentials
• Claiming that NourishDoc or Coach-issued certifications are equivalent to state licenses, national certifications, or accredited credentials when they are not
• Sharing, selling, or transferring certification credentials to other individuals

Coach Responsibilities: Coaches offering Wellness Certifications must:

• Accurately represent their own credentials, qualifications, and authority to issue certifications
• Provide truthful information about the accreditation status, professional value, and recognition of their certifications
• Maintain appropriate standards for assessment and completion requirements
• Not issue certifications to individuals who have not legitimately completed all program requirements
• Cooperate with verification requests from NourishDoc or third parties (with participant consent)

Enforcement: NourishDoc reserves the right to:

• Investigate suspected certification fraud or misrepresentation
• Revoke certifications obtained through fraudulent means
• Terminate accounts of Users or Coaches engaged in certification-related misconduct
• Pursue legal action against individuals who engage in certification fraud
• Cooperate with law enforcement or regulatory agencies investigating fraudulent credential claims

Verification Services: NourishDoc may provide certification verification services to third parties (such as employers or educational institutions) with the certification holder’s consent. We verify only:

• Whether an individual completed a specific certification program through our Platform
• The date of certification completion
• The name of the Coach or Program that issued the certification
• The current validity status of the certification (if applicable)

We do NOT verify or guarantee:

• The professional value or recognition of the certification
• That the certification holder possesses competency in the subject matter
• That the certification meets any specific industry or professional standards
• That the certification holder is qualified to practice in any licensed profession

(2) International Contributors and Vendors

NourishDoc welcomes contributions from service providers, coaches, vendors, and partners located outside the United States. However, all contributors are solely responsible for ensuring that their offerings, marketing, sales, and customer interactions comply with the laws and regulations of any jurisdiction in which they operate or sell. NourishDoc does not guarantee compliance with international regulations, including but not limited to consumer protection, privacy, health, and tax laws outside the United States.

By offering products or services through the platform, international contributors agree to:

• Ensure that their activities are lawful in each jurisdiction where their services are offered or delivered;
  
  
• Comply with any required licensing, data protection, tax registration, or reporting obligations in their home country and customer jurisdictions;
  
  
• Indemnify and hold harmless NourishDoc from any claims, liabilities, or penalties arising from their non-compliance with local or international laws.
  
  

NourishDoc does not collect or remit taxes on behalf of contributors outside the United States and is not liable for any tax obligations incurred by contributors in foreign jurisdictions.

XVII. How to Contact Us

The best way to get in touch with us is to contact our Support Team. We’d love to hear your questions, concerns, and feedback about our Services.

XVIII. Miscellaneous

You agree that the Service shall be deemed a passive interactive service based solely in California and shall not give rise to personal jurisdiction over NourishDoc, either specific or general, in jurisdictions other than California. These Terms, together with the Privacy Policy and the other Governing Documents, shall all be governed and construed in accordance with the internal laws of the State of California, without regard to conflicts of law principles. You agree that any legal action or proceeding between NourishDoc and you for any purpose concerning these Terms, the Privacy Policy, the other Governing Documents, or your use of the Service shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Los Angeles, California, and you submit to personal jurisdiction therein and agree to waive any objection that such courts are an inconvenient forum for the resolution of such action.

Any cause of action or claim you may have with respect to any of the foregoing matters must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

These Terms, together with the Coach Terms and Conditions Agreement, the Privacy Policy, and any other Governing Documents published from time to time, constitute the entire agreement between you and NourishDoc concerning the Service and the services provided by NourishDoc. If any provision of any such document is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect. NourishDoc’s failure to insist upon or enforce strict performance of any provision of these Terms or any of the other Governing Documents shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms.

NourishDoc may, in its sole discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Service to any affiliate or partner of NourishDoc or to another third party in the event that some or all of the business of NourishDoc is transferred to such other third party by way of merger, sale of its assets, or otherwise.

Most communication between NourishDoc and you will be sent and received electronically. You agree that all electronic communication between NourishDoc and you shall satisfy any legal requirements that such communications be in writing.

If you have any questions about these Terms or the Services or Products, please contact NourishDoc at [email protected].

Notice for California Users. Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Any rights of NourishDoc not expressly granted herein are reserved.