End-User License Agreement (EULA)

NutriScan Mobile Application Software

Effective Date: 13 September 2025

IMPORTANT - READ CAREFULLY BEFORE USING THIS SOFTWARE

This End-User License Agreement ("EULA", "Agreement") is a legal contract between you ("User", "You", "Your") and NutriScan App ("Company", "We", "Us", "Our") regarding your use of the NutriScan mobile application software, including any updates, upgrades, and related services (collectively, the "Software" or "Application").

BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SOFTWARE.

1. GRANT OF LICENSE

1.1 License Grant

Subject to strict compliance with this Agreement, Company grants You a limited, non-exclusive, non-transferable, revocable license to:

• Download, install, and use the Software solely on compatible mobile devices You own or control
• Use the Software solely for personal, non-commercial purposes
• Access our nutrition analysis, AI assistant, and related services through the Software

1.2 License Restrictions

This license does NOT permit You to:

• Use the Software on behalf of third parties or for commercial purposes without explicit written consent
• Distribute, sublicense, rent, lease, or lend the Software
• Make the Software available over a network where multiple users could access it
• Use the Software in any jurisdiction where such use is prohibited by law

1.3 Reserved Rights

All rights not expressly granted to You are reserved by Company. The Software is licensed, not sold.

2. INTELLECTUAL PROPERTY RIGHTS

2.1 Company Ownership

Company retains all right, title, and interest in and to the Software, including:

• All copyrights, trademarks, trade secrets, patents, and other intellectual property rights
• The NutriScan brand, logo, and all related marks
• Proprietary nutrition databases, algorithms, and AI models
• Software architecture, user interface design, and functionality
• All improvements, modifications, and derivative works

2.2 Third-Party Content

The Software incorporates third-party nutrition databases, AI services, and other technologies. Your use of such content is subject to their respective license terms and our agreements with such providers.

2.3 User Content License

By uploading content (meal photos, data, feedback) to the Software, You grant Company a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content solely to provide Software services and improve our offerings.

3. PROHIBITED USES AND RESTRICTIONS

3.1 Technical Restrictions

You expressly agree NOT to:

Reverse Engineering & Modification:

• Reverse engineer, decompile, disassemble, or derive source code from the Software
• Modify, adapt, alter, or create derivative works of the Software
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices

Security & System Integrity:

• Attempt to circumvent any security measures or access controls
• Introduce malware, viruses, or harmful code into the Software
• Interfere with or disrupt the Software's operation or servers
• Attempt to gain unauthorized access to our systems or other users' accounts

Data Mining & Exploitation:

• Use automated tools to extract data from the Software
• Scrape, harvest, or collect nutrition data or user information
• Create competing nutrition databases using our data
• Use the Software to train competing AI models or algorithms

3.2 Content & Usage Restrictions

You agree NOT to:

Harmful Content:

• Upload false, misleading, or dangerous nutrition information
• Share content promoting eating disorders or harmful dietary practices
• Post spam, advertising, or commercial content without permission
• Upload images that are not food-related to manipulate results

Prohibited Activities:

• Impersonate others or provide false identity information
• Violate any applicable laws, regulations, or third-party rights
• Use the Software for illegal activities or to harm others
• Attempt to re-identify individuals from shared anonymous data

3.3 Medical Use Restrictions

You acknowledge and agree that:

• The Software is NOT a medical device and must never be used for medical diagnosis, treatment, or emergency situations
• You will not rely solely on the Software for managing serious health conditions like diabetes, food allergies, or eating disorders
• You will consult healthcare professionals before making significant dietary changes based on Software recommendations

4. AI AND BIOMETRIC DATA PROCESSING

4.1 AI-Generated Content Disclaimer

CRITICAL AI LIMITATIONS:

• AI-generated nutrition analysis and recommendations are estimates only and may contain significant errors
• Our AI assistant "Monika" provides general information, not personalized medical advice
• AI responses are based on general data, not your specific health circumstances
• You use AI features at Your own risk and must verify all information independently

4.2 Biometric Data Processing (Voice & Motion)

Special Category Data Notice: Voice recordings and iOS Motion/Activity data constitute biometric identifiers under applicable privacy laws.

Biometric Data Terms:

• Voice recordings processed solely for AI assistant functionality
• Audio files deleted within 24 hours after transcription
• Voice pattern analysis used only for personalized responses
• iOS Motion/Activity data used only for activity-based nutrition personalization
• Explicit consent required and revocable at any time
• Enhanced security protections applied to all biometric data

Biometric Rights & Obligations:

• You retain ownership of Your biometric identifiers
• We cannot sell, lease, or trade Your biometric data
• Biometric data retention limited to specific business purposes
• Right to request deletion of biometric data at any time

4.3 AI Training and Model Improvement

• We do NOT use Your personal data to train general AI models
• Anonymized, aggregated usage patterns may improve Software functionality
• You can opt out of data use for improvement purposes
• Third-party AI providers contractually prohibited from training on Your data

5. HEALTH DATA AND MEDICAL DISCLAIMERS

5.1 FDA and Regulatory Status

REGULATORY CLASSIFICATION:

• NutriScan is classified as a general wellness product, NOT a medical device
• Software has NOT been evaluated by FDA, Health Canada, EMA, or other medical regulators
• No therapeutic, diagnostic, or treatment claims are made
• Software exempt from medical device regulations under FDA 21 CFR Part 820

5.2 Health Information Accuracy

CRITICAL ACCURACY LIMITATIONS:

• Nutrition calculations are rough estimates with potential errors of 20-50% or higher
• Image recognition may misidentify foods, especially mixed dishes or regional cuisines
• Nutrition databases may contain outdated, incomplete, or incorrect information
• Brand variations, preparation methods, and portion sizes significantly affect accuracy

5.3 Medical Condition Warnings

SPECIFIC HEALTH CONDITION DISCLAIMERS:

Diabetes Management:

• NEVER use carbohydrate estimates for insulin dosing decisions
• Blood glucose monitoring and medical supervision required
• Software estimates insufficient for diabetes management

Food Allergies:

• Software CANNOT detect allergens in food images
• Always verify ingredients independently with packaging labels
• Life-threatening allergic reactions require professional medical guidance

Eating Disorders:

• Software may not be suitable for individuals with diagnosed eating disorders
• Professional medical supervision recommended
• Calorie tracking features may trigger unhealthy behaviors

Pregnancy & Chronic Conditions:

• Nutritional needs during pregnancy require professional medical guidance
• Chronic conditions (PCOS, kidney disease, heart conditions) require medical supervision
• Software recommendations not suitable for complex medical conditions

5.4 Emergency Situations

MEDICAL EMERGENCY DISCLAIMER:

• NEVER use Software for medical emergencies
• Contact emergency services (911/999/112) immediately for emergencies
• Software cannot detect or respond to medical emergencies
• No professional medical relationship created through Software use

6. LIABILITY LIMITATIONS AND DISCLAIMERS

6.1 Comprehensive Disclaimers

"AS IS" SOFTWARE PROVISION:

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, OR NON-INFRINGEMENT.

6.2 Medical and Health Disclaimers

HEALTH-SPECIFIC DISCLAIMERS:

• No Medical Professional Relationship: No doctor-patient, nutritionist-client, or healthcare provider relationship created
• No Duty of Medical Care: Company has no duty to provide medically accurate nutrition information
• Assumption of Medical Risk: You expressly assume all risks associated with relying on nutrition estimates for health decisions
• No Professional Substitution: Software cannot replace licensed healthcare professionals, registered dietitians, or nutritionists

6.3 Technology and AI Disclaimers

TECHNOLOGY LIMITATIONS:

• Image Recognition Accuracy: Computer vision technology inherently contains defects and limitations
• Database Reliability: Nutrition databases may contain errors, omissions, or outdated information
• AI System Reliability: AI systems may produce incorrect, incomplete, or inappropriate responses
• Internet Dependency: Software requires internet connectivity and depends on third-party services

6.4 Limitation of Liability

MAXIMUM LIABILITY PROTECTION:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR:

• Direct Damages: Death, personal injury, property damage, or medical expenses
• Indirect Damages: Lost profits, business interruption, data loss, or consequential damages
• Special Damages: Punitive damages, exemplary damages, or incidental damages
• Health-Related Claims: Misdiagnosis, treatment delays, medication errors, or dietary harm

MONETARY LIABILITY CAP: Company's total liability shall not exceed the amount You paid for the Software in the 12 months preceding the claim, or $100, whichever is greater.

6.5 Product Liability Protection

PRODUCT DEFECT DISCLAIMERS:

• Known Software Defects: You acknowledge that nutrition analysis software inherently contains defects
• No Perfect Accuracy Warranty: No warranty of perfect food identification or nutrition calculation
• Third-Party Dependencies: Liability limited for third-party service failures or errors
• User Responsibility: You assume responsibility for verifying all nutrition information independently

7. INDEMNIFICATION

7.1 User Indemnification Obligation

You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

• Your use or misuse of the Software
• Your violation of this Agreement or applicable laws
• Your content uploaded to or shared through the Software
• Health decisions made based on Software information
• Any claim that Your use of the Software caused harm to You or others
• Violation of third-party intellectual property rights

7.2 Company Defense Rights

Company reserves the right to assume exclusive defense and control of any matter subject to indemnification, and You agree to cooperate with Company's defense of such claims.

8. DATA PROTECTION AND PRIVACY

8.1 Privacy Policy Incorporation

Your privacy and data protection rights are governed by our Privacy Policy, incorporated herein by reference. The Privacy Policy can be found at: https://nutriscan.app/privacy-policy

8.2 Data Processing Purposes

Company processes Your data solely for:

• Providing Software functionality and services
• Improving Software performance and user experience
• Complying with legal obligations and safety requirements
• Communicating about Software updates and important notices

8.3 Data Security Measures

Company implements industry-standard security measures including:

• AES-256 encryption for data at rest
• TLS 1.3 encryption for data in transit
• Multi-factor authentication for administrative access
• Regular security audits and vulnerability assessments
• Specialized protections for health and biometric data

8.4 International Data Transfers

Data may be processed in multiple countries with appropriate safeguards:

• Standard Contractual Clauses (2021) for EU data transfers
• Transfer Impact Assessments for high-risk countries
• Enhanced protections for health and biometric data transfers

9. UPDATES AND MODIFICATIONS

9.1 Software Updates

Company may provide updates, upgrades, patches, or new versions of the Software. You agree that:

• Updates may be automatically downloaded and installed
• Some updates may be mandatory for security or legal compliance
• Continued use of updated Software constitutes acceptance of new terms
• You are responsible for maintaining compatible devices and operating systems

9.2 EULA Modifications

Company reserves the right to modify this EULA at any time. Material changes will be communicated through:

• In-app notifications with prominent display
• Email notifications to registered users
• Posted notices on our website with 30-day advance notice

Continued use of the Software after changes constitutes acceptance of the modified EULA.

9.3 Feature Changes

Company may add, modify, or discontinue Software features at any time to:

• Improve security, safety, or performance
• Comply with legal or regulatory requirements
• Address technical limitations or third-party service changes
• Enhance user experience based on usage data

10. SUBSCRIPTION AND PAYMENT TERMS

10.1 Subscription Services

Premium features require paid subscriptions with the following terms:

• Monthly or annual billing cycles available
• Auto-renewal unless cancelled 24 hours before period ends
• Billing processed through Apple App Store or Google Play Store
• No refunds except as required by law or platform policies

10.2 Free Trial Terms

Free trials, where offered, are subject to:

• One trial per user account lifetime
• Automatic conversion to paid subscription unless cancelled
• Full subscription terms apply during trial period
• Company may discontinue trial offers at any time

10.3 Payment Responsibility

You are responsible for:

• All charges incurred under Your account
• Maintaining valid payment information
• Notifying us of unauthorized charges within 60 days
• Applicable taxes in Your jurisdiction

11. GEOGRAPHIC RESTRICTIONS AND COMPLIANCE

11.1 Regional Availability

The Software may not be available in all countries due to:

• Local regulatory restrictions or requirements
• Technical limitations or service provider availability
• Business decisions regarding market expansion
• Export control or sanctions law compliance

11.2 Local Law Compliance

You agree to comply with all applicable local, state, national, and international laws and regulations, including:

• Export control and sanctions regulations
• Health data protection and privacy laws
• Consumer protection and truth in advertising laws
• Professional licensing and medical practice regulations

11.3 AI Service Restrictions

Certain AI features may be restricted or unavailable in specific jurisdictions due to:

• Nevada (USA): AI assistant disabled due to state restrictions on AI mental health services
• European Union: Enhanced AI disclosure and risk management requirements
• Other jurisdictions: Compliance with emerging AI governance frameworks

12. TERMINATION

12.1 Termination by User

You may terminate this Agreement at any time by:

• Uninstalling the Software from all Your devices
• Discontinuing use of all Software services
• Requesting account deletion through the Software or support
• Written notice to Company (effective immediately)

12.2 Termination by Company

Company may terminate this Agreement immediately if You:

• Violate any material term of this Agreement
• Engage in prohibited uses or activities
• Pose a security risk to the Software or other users
• Fail to pay subscription fees when due
• Use the Software in a way that could harm Company or others

12.3 Effect of Termination

Upon termination:

• Your license to use the Software immediately ends
• You must cease all use and uninstall the Software
• Company may delete Your account and data per our Privacy Policy
• Sections regarding IP rights, disclaimers, and liability limitations survive termination
• Outstanding payment obligations remain due and payable

13. DISPUTE RESOLUTION AND GOVERNING LAW

13.1 Governing Law

This Agreement is governed by the laws of India, without regard to conflict of law principles. The courts of Mumbai, Maharashtra, India shall have exclusive jurisdiction over any disputes.

13.2 Alternative Dispute Resolution

Mandatory Arbitration (where legally permitted):

• Individual disputes under $25,000 USD must be resolved through binding arbitration
• Arbitration conducted under rules of the Indian Council of Arbitration
• Class action lawsuits prohibited where legally enforceable
• Users retain right to small claims court for qualifying disputes

13.3 Consumer Rights Preservation

Nothing in this Agreement limits Your rights as a consumer under mandatory local law, including:

• European Union consumer protection rights
• California Consumer Privacy Act (CCPA) rights
• India Digital Personal Data Protection Act (DPDP) rights
• Other applicable consumer protection laws

13.4 Informal Resolution

Before initiating formal proceedings, parties agree to attempt good faith informal resolution by contacting support@nutriscan.app with detailed description of the dispute.

14. COMPLIANCE WITH ACCESSIBILITY LAWS

14.1 Accessibility Commitment

Company strives to make the Software accessible to users with disabilities in accordance with:

• Americans with Disabilities Act (ADA) guidelines
• Web Content Accessibility Guidelines (WCAG) 2.1 Level AA
• Section 508 compliance for federal users
• European Accessibility Act requirements

14.2 Accessibility Features

The Software includes accessibility features such as:

• Screen reader compatibility
• Voice control integration
• High contrast visual options
• Keyboard navigation support
• Text size adjustment capabilities

14.3 Accommodation Requests

Users requiring additional accessibility accommodations may contact support@nutriscan.app for assistance.

15. EXPORT CONTROL AND SANCTIONS COMPLIANCE

15.1 Export Restrictions

You acknowledge that the Software and related technical data may be subject to export control laws and regulations. You agree NOT to:

• Export or re-export the Software to prohibited countries or entities
• Use the Software in violation of any applicable export control laws
• Transfer the Software to individuals or entities on government restricted lists
• Use the Software in connection with prohibited end uses (e.g., weapons development)

15.2 Sanctions Compliance

You represent and warrant that You are NOT:

• Located in a country subject to comprehensive sanctions
• Listed on any government restricted or prohibited parties list
• Owned or controlled by sanctioned individuals or entities
• Acting on behalf of sanctioned parties

16. CHILDREN'S PRIVACY AND PARENTAL CONSENT

16.1 Age Requirements

The Software is not intended for children under 13 years of age. Users aged 13-17 require parental consent in jurisdictions where required by law.

16.2 Parental Consent Process

For users under 18 (where required):

• Parental consent must be obtained before account creation
• Parents may review and request deletion of their child's data
• Enhanced privacy protections apply to minor users
• Limited data sharing with third parties for minor users

16.3 Educational Use

Schools or educational institutions using the Software must:

• Obtain appropriate parental consents as required by FERPA and state laws
• Implement additional privacy safeguards for student data
• Comply with applicable children's privacy regulations
• Contact Company for educational licensing terms

17. FORCE MAJEURE

Company shall not be liable for any failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including:

• Natural disasters, pandemics, or acts of God
• Government actions, war, terrorism, or civil unrest
• Internet or telecommunications failures
• Third-party service provider failures or cyber attacks
• Labor strikes or supply chain disruptions

During force majeure events, Company will make reasonable efforts to resume normal operations and may modify or suspend Software features as necessary.

18. SEVERABILITY AND ENTIRE AGREEMENT

18.1 Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. Invalid provisions shall be replaced with valid provisions that most closely approximate the original intent.

18.2 Entire Agreement

This Agreement, together with the Privacy Policy and any additional terms presented during Software use, constitutes the entire agreement between You and Company regarding the Software. This Agreement supersedes all prior or contemporaneous communications and proposals.

18.3 No Waiver

Company's failure to enforce any provision of this Agreement shall not constitute a waiver of such provision or Company's right to enforce it in the future.

18.4 Assignment

You may not assign this Agreement without Company's prior written consent. Company may assign this Agreement in connection with mergers, acquisitions, or asset sales with notice to users.

19. CONTACT INFORMATION AND SUPPORT

19.1 Customer Support

For technical support, questions about this Agreement, or to report violations:

• Email: support@nutriscan.app
• In-App: Profile → Contact Us
• Response Time: Typically within 24-72 hours
• Urgent Issues: Mark subject line "URGENT - EULA Issue"

19.2 Legal Notices

For legal notices, DMCA takedown requests, or intellectual property concerns:

• Email: legal@nutriscan.app
• Subject Line Requirements: Specify notice type (e.g., "DMCA Notice", "IP Infringement")
• Required Information: Include full contact details and specific issue description

19.3 Data Protection Requests

For privacy-related requests under GDPR, CCPA, or other privacy laws:

• Email: privacy@nutriscan.app
• Subject Line: "Privacy Request - [Request Type]"
• Processing Time: Up to 30 days as required by applicable law

20. ACKNOWLEDGMENT AND ACCEPTANCE

20.1 User Acknowledgment

BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU:

• Have read and understood all terms of this Agreement
• Agree to be legally bound by all provisions herein
• Understand the health disclaimers and limitations
• Acknowledge the AI and technology limitations
• Accept the liability limitations and indemnification obligations
• Consent to data processing as described in the Privacy Policy

20.2 Capacity to Enter Agreement

You represent and warrant that:

• You have the legal capacity to enter into this Agreement
• If under 18, You have obtained necessary parental consent
• You are not prohibited by law from using the Software
• All information You provide is accurate and truthful

20.3 Electronic Signature

Your download, installation, or use of the Software constitutes Your electronic signature and acceptance of this Agreement with the same legal effect as a handwritten signature.

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Last Updated: 13 September 2025

Version: 1.0

Agreement Effective: Upon acceptance during Software installation or first use

⚠️ IMPORTANT HEALTH REMINDER: This Software is for educational and informational purposes only. Always consult qualified healthcare professionals for medical advice, diagnosis, or treatment. Never ignore professional medical advice or delay seeking treatment because of information from this Software.

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Document Hash: SHA-256: [Generated upon signing] Legal Review Date: 13 September 2025 Compliance Check: Completed for US, EU, India, and International Requirements