Terms of Service

1. Introduction & Agreement to Terms

Welcome to NourishNow Inc. ("NourishNow," "we," "us," "our"). We provide a direct-to-consumer, subscription-based meal delivery service that offers chef-crafted, nutritionist-designed prepared meals (the "Service"). These Terms of Service ("Terms") constitute a legally binding agreement between you (the "Customer," "you," or "your") and NourishNow. These Terms govern your access to and use of our website, www.nourishnow.com, including any subdomains thereof, our mobile applications (collectively, the "Platform"), and all related services, including the purchase and delivery of our meals. By creating an account, accessing our Platform, or subscribing to our Service, you acknowledge that you have read, understood, and unconditionally agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you may not use our Platform or Service. We encourage you to review these Terms carefully and periodically.

2. Eligibility

To create a NourishNow account and subscribe to our Service, you must be at least eighteen (18) years of age and possess the legal authority, right, and capacity to enter into a binding contract in your jurisdiction of residence. By using our Service, you represent and warrant that you meet these eligibility requirements. The Service is intended for use by individuals in the United States. You affirm that all information you provide to us during the registration and subscription process is true, accurate, current, and complete.

3. User Account & Subscription Management

Account Creation: You agree to create a single account for your personal use and to provide and diligently maintain current, complete, and accurate information, including your name, email address, phone number, delivery address, and payment information.

Account Security: You are solely responsible for maintaining the confidentiality and security of your account credentials, including your password, and for all activities that occur under your account. You agree to notify NourishNow immediately of any suspected or actual unauthorized use of your account or any other breach of security. NourishNow cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.

Subscription Management: Our service is a weekly subscription. You are responsible for managing your subscription through your online account dashboard. This includes selecting your weekly meals, updating dietary preferences, skipping a week, pausing your subscription, or canceling your service. All such changes must be made before our weekly cutoff deadline, which is clearly stated in your account dashboard (typically Wednesday at 11:59 PM local time for the following week's delivery). You agree that if you fail to make changes before this deadline, your weekly order will be auto-populated based on your preferences and you will be charged accordingly.

4. Our Service, Meals & Availability

NourishNow is a food preparation and delivery service. We are responsible for the sourcing of ingredients, the nutritional design, the culinary preparation, and the packaging of all meals offered on our Platform. Our rotating weekly menu is subject to change based on seasonal ingredient availability, sourcing limitations, and our culinary development schedule. We reserve the right to modify or discontinue certain meals or meal plans at any time without notice. While we strive to provide accurate and up-to-date information on our Platform, including ingredient lists and nutritional data, information is subject to change, and we do not warrant that all information is error-free.

5. Health and Nutritional Disclaimer

Not Medical Advice: You acknowledge that NourishNow is not a medical organization, and our staff, including our nutritionists, cannot and do not provide medical advice or diagnosis. Any information provided through our Platform, including nutritional data and communications with our team, is for informational purposes only. The 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 health provider with any questions you may have regarding a medical condition, diet, or fitness program. Never disregard professional medical advice or delay in seeking it because of something you have read on our Platform.

Allergy Information: We make every effort to provide accurate allergen information and allow you to filter for common allergens. However, our meals are prepared in a facility that handles common food allergens, including but not limited to milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, and soy. While we have strict protocols to minimize the risk of cross-contamination, we cannot guarantee that any of our meals are 100% free of trace amounts of allergens. By using our service, you acknowledge this risk. **Individuals with severe or life-threatening food allergies should not use our Service.** It is your responsibility to review the ingredient list for each meal and to consult with your doctor regarding your dietary needs.

No Guaranteed Outcomes: We do not guarantee any specific health outcomes, such as weight loss, muscle gain, or improvement in any medical condition. Individual results will vary based on many factors, including your starting point, metabolism, and overall lifestyle.

6. Pricing, Billing, and Automatic Renewal

Pricing: All prices shown on the Platform are in U.S. Dollars. Prices are subject to change without notice. The price for your weekly subscription plan is fixed at the time of your initial order but may be subject to change for future weeks, with prior notice to you.

Automatic Renewal and Recurring Billing: Our Service is a recurring subscription. By subscribing, you authorize NourishNow to charge your provided payment method on a recurring weekly basis for your subscription fee, plus any applicable taxes. Your subscription will automatically renew each week, and you will be billed on the same day each week (your "Billing Date"), unless you skip, pause, or cancel your subscription in accordance with these Terms. You agree to pay all charges incurred under your account for the billing period in which those charges are incurred.

7. Delivery

We deliver our meals in specially designed, insulated boxes with gel ice packs to maintain a safe temperature during transit. All delivery timeframes provided are good-faith estimates; actual delivery times may vary due to factors beyond our control, such as traffic, weather, or carrier delays. Our obligation is to facilitate delivery to the address you provide. Title and risk of loss for all meal items pass to you upon our third-party carrier's delivery to your specified location. NourishNow and its carriers are not responsible for orders that are lost, stolen, or damaged after being delivered to a correct address. It is your sole responsibility to provide an accurate and secure delivery address and to retrieve and properly refrigerate your meals promptly upon delivery.

8. Pausing, Cancellation & Refund Policy

Our policies are designed to be flexible while allowing our kitchen to source and prepare meals efficiently.

• Skipping, Pausing, and Canceling: You may skip a week, pause your subscription, or cancel your service at any time through your account dashboard. All such changes must be completed before the weekly cutoff deadline to be effective for the following week's delivery. If you cancel after the cutoff time for an upcoming delivery, you will be charged for and will receive that final delivery.
• No Returns: Due to the perishable nature of our food products, we do not accept returns under any circumstances.
• Order Issues: If you receive a delivery with damaged, incorrect, or missing items, or if you have a significant quality concern, you must report the problem to NourishNow's Customer Wellness team via our contact channels within 7 days of delivery. Please provide your order number and, if possible, photographic evidence to support your claim.
• Refunds & Credits: NourishNow will review all reported issues on a case-by-case basis. At our sole discretion, we may issue a full or partial refund, account credit, or other compensation. Any compensation is determined based on the specific circumstances of the issue. We are not responsible for and will not issue refunds for meals based on personal taste preferences, or for meals that were not properly stored after delivery.

9. Intellectual Property

The "NourishNow" name, our logo, website and application design, text, graphics, photographs, recipes, nutritional information, and all other content and software associated with the Service ("Platform Assets") are the exclusive intellectual property of NourishNow Inc. and are protected by international copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access our Platform for your personal, non-commercial use in accordance with these Terms. Any unauthorized use, reproduction, modification, or distribution of our Platform Assets is strictly prohibited and may result in legal action.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOURISHNOW'S TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM, LOSS, OR DAMAGE ARISING OUT OF OR RELATING TO YOUR USE OF OUR PLATFORM OR SERVICE SHALL BE LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID TO US FOR YOUR SUBSCRIPTION IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOURISHNOW, ITS DIRECTORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS IN THIS SECTION APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.

11. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law principles. In the event of any dispute, claim, or controversy arising from or relating to these Terms or our Service, you agree to submit to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware.

12. Policy Updates

We reserve the right to update, amend, or modify these Terms of Service at any time at our sole discretion. Any revised Terms will be posted on this page of our Platform, and the "Last Updated" date at the top will be amended accordingly. We will provide notice of material changes, either through the email address associated with your account or a prominent notice on our Platform. Your continued use of our Service after any such changes are posted constitutes your binding acceptance of the new Terms. It is your responsibility to review these Terms periodically.

13. Contact Information

If you have any questions, comments, or concerns about these Terms of Service, please contact our Customer Wellness team: