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Terms and Conditions

Effective Date: June 7, 2024 

Agreement between Health Practitioner/Professional and Intelligent Technologies.ai, LLC and ALL related companies including Wellness Technologies.ai, FoodPharmacy, and Weight Loss Technologies.ai, LLC 

By accessing or using any of the Intelligent Technologies.ai, LLC (“I-T.ai”) Internet properties including, without limitation, https://intelligenttechnologies.ai, https://wellnesstechnologies.ai, https://weightlosstechnologies.ai/, https://foodpharmacy.com/ and https://foodpharmacy.ai/, and any others released by I-T.ai from time to time (collectively referred to as “I-T.ai websites”) you agree to comply with and be bound by these Terms and Conditions. Please read these Terms and Conditions carefully as well as I-T.ai’s Privacy Policy, which are incorporated by this reference. If you do not agree to these Terms and Conditions and the Privacy Policy, you must immediately terminate your use of the I-T.ai websites. 

  1. Acceptance of Terms

By accessing or using any I-T.ai websites, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you must immediately discontinue your use of the Services. 

  1. Scope of Services

I-T.ai websites are comprised of various web pages, online interfaces, and properties (e.g., websites, subscriptions, web and mobile apps) operated by Intelligent Technologies.ai, LLC and/or its related companies. These services are offered to healthcare practitioners, nutritional professionals, and their patients for the purpose of enhancing health management and patient care through advanced technologies. 

  1. Professional Use

I-T.ai websites and applications are designed for professional use by licensed healthcare practitioners and nutritional professionals. The tools provided, including the Wellness Technologies.ai App, W-T.ai BC-12 smart scale, and remote patient monitoring capabilities, are intended to support the professional judgment and expertise of the user. The services are not intended to replace professional medical advice, diagnosis, or treatment. 

  1. Licensing and Access

4.1 Licensing Models

Some I-T.ai websites offer professional licensing packages to qualified healthcare practitioners. These packages may include access to products and services, proprietary weight loss programs and technologies, practice management support, and coaching. Additional fees may apply depending on the utilization of certain optional programs and apps. 

Licensed practitioners can subscribe to the WellnessTechnologies.ai mobile patient monitoring app for a monthly fee, plus a per-patient charge. Billing for licensing packages is handled on a monthly basis pursuant to the terms of the Licensing Agreement signed by each practitioner. 

4.2 Practitioner Qualifications

Applicants must meet qualification criteria to participate in a licensing program. I-T.ai reserves the right to approve, suspend, or terminate participation at its discretion. Ongoing participation also requires timely payment in accordance with licensing terms. 

  1. Privacy Policy

Your use of I-T.ai websites is subject to Intelligent Technologies.ai, LLC’s Privacy Policy. Please review our Privacy Policy, which also governs the Sites and informs users of our data collection practices. 

  1. Electronic Communications

Visiting any of the I-T.ai websites or sending emails to Intelligent Technologies.ai, LLC or any and all of its related companies constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, text, and on the Sites, satisfy any legal requirement that such communications be in writing. 

  1. Account Management

7.1 Account Security

If you use these sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Intelligent Technologies.ai, LLC and its related companies are not responsible for third-party access to your account that results from theft or misappropriation of your account. Intelligent Technologies.ai, LLC and all of its related companies reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. 

7.2 Children Under Thirteen

Intelligent Technologies.ai, LLC and its related companies do not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use I-T.ai websites only with the permission of a parent or guardian, except when an individual visits the sites as part of care from a HIPAA-covered entity with a signed BAA. To the extent that the BAA conflicts with any term contained in this Agreement, the terms of the BAA will control. 

  1. Licensing Fees and Payment

8.1 Pricing and Payment

Practitioner licensing fees are outlined in each individual Licensing Agreement. I-T.ai reserves the right to adjust pricing for licenses, products, services, and apps from time to time. Licensed practitioners will be billed monthly for licensing packages and any additional utilization fees. Payment must be received in accordance with the terms specified in the Licensing Agreement to maintain active status. Accepted payment methods are detailed in the Agreement. 

8.2 Refund Policy

No refunds will be provided except as required by law or under specific product warranties. 

  1. Intellectual Property

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Sites, is the property of Intelligent Technologies.ai, LLC and its related companies or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto. 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Sites. Intelligent Technologies.ai, LLC and related companies’ content is not for resale. Your use of the Sites does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your professional use and will make no other use of the content without the express written permission of Intelligent Technologies.ai, LLC, its related companies, and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Intelligent Technologies.ai, LLC, its related companies, or our licensors except as expressly authorized by these Terms. 

  1. Use of Communication Services

The Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. 

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: 

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes, or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.
  • Intelligent Technologies.ai, LLC, and its related companies have no obligation to monitor the Communication Services. However, Intelligent Technologies.ai, LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Intelligent Technologies.ai, LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. 

Intelligent Technologies.ai, LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Intelligent Technologies.ai, LLC’s sole discretion. 

Always use caution when giving out any personally identifying information about yourself or your patients in any Communication Service. Intelligent Technologies.ai, LLC and its related companies do not control or endorse the content, messages, or information found in any Communication Service and, therefore, Intelligent Technologies.ai, LLC, and its related companies specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Intelligent Technologies.ai, LLC spokespersons, and their views do not necessarily reflect those of Intelligent Technologies.ai, LLC.

 Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials. 

  1. Materials Provided to Intelligent Technologies.ai, LLC

Intelligent Technologies.ai, LLC does not claim ownership of the materials you provide to any of the Intelligent Technologies.ai websites or its related companies (including feedback and suggestions) or post, upload, input, or submit to any Intelligent Technologies.ai, LLC Sites or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting Intelligent Technologies.ai, LLC, our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. 

No compensation will be paid with respect to the use of your Submission, as provided herein. Intelligent Technologies.ai, LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Intelligent Technologies.ai, LLC’s sole discretion. 

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions. 

  1. Integration with Other Services

The Licensed Technologies and Services of Intelligent Technologies.ai, LLC and its associated companies may integrate with or connect to other technologies, services, and applications offered by I-T.ai or its affiliates. This includes possibilities such as: 

  • Connecting data and or reports from the I-T.ai Intelligence Applications to the Wellness Technologies.ai mobile application.
  • Sharing client/patient information between the Licensed Technologies and Services and other I-T.ai applications to power integrated features and functionality. 

By accessing any Licensed Technologies or Services that indicate integration capabilities, you consent to I-T.ai sharing and transferring your information as needed between such integrated technologies/services.

You further consent to I-T.ai updating these Terms as needed to accommodate changes in available integration capabilities. If you do not agree with any aspect of integrated data sharing or processing, you should not access the applicable Licensed Technologies or Services. 

In addition, certain I-T.ai applications may connect with third party services through application programming interfaces (APIs). If you choose to connect an application to any third party, you agree to that third party’s terms of service. I-T.ai is not responsible for any third party terms or performance. 

  1. International Users

The Service is controlled, operated, and administered by Intelligent Technologies.ai, LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use or access any Intelligent Technologies.ai, LLC Content or technologies in any country or in any manner prohibited by any applicable laws, restrictions, or regulations. 

  1. Indemnification

You agree to indemnify, defend, and hold harmless Intelligent Technologies.ai, LLC, its related companies, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Sites or services, any user postings made by you, your violation of any terms of this Agreement, or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Intelligent Technologies.ai, LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Intelligent Technologies.ai, LLC in asserting any available defenses. 

  1. Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. 

  1. Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Intelligent Technologies.ai, LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. 

  1. Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. INTELLIGENT TECHNOLOGIES.AI, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME. 

INTELLIGENT TECHNOLOGIES.AI, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. INTELLIGENT TECHNOLOGIES.AI, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INTELLIGENT TECHNOLOGIES.AI, LLC AND/OR ITS ASSOCIATED COMPANIES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF INTELLIGENT TECHNOLOGIES.AI, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES. 

  1. Termination/Access Restriction

Intelligent Technologies.ai, LLC reserves the right, in its sole discretion, to terminate your access to the Sites and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Pennsylvania and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania in all disputes arising out of or relating to the use of the Sites. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Intelligent Technologies.ai, LLC as a result of this agreement or use of the Sites. Intelligent Technologies.ai, LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Intelligent Technologies.ai, LLC’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Intelligent Technologies.ai, LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user Wellness Technologies.ai and its parent company Intelligent Technologies.ai, LLC with respect to the Sites and it supersedes all prior or contemporaneous

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