PRIVACY POLICY

1. INTRODUCTION

NexAige, LLC ("Company," "we," "us," "our") is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, process, and safeguard your information when you use our mobile application GutCheck (the "App") and related services (collectively, the "Services"), as described in our Legal Terms [https://nexaige.com/gutcheck_terms].

Our Services allow users to log information related to diet, digestion, and well-being, including meals (with optional photos), bowel movements, and symptoms. We utilize artificial intelligence ("AI") to analyze food photos and logged data ("AI Analysis") to generate reports intended to help users identify potential correlations and personal patterns.

Please read this Privacy Policy carefully. By accessing or using the Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS OR USE THE SERVICES.

This Privacy Policy is incorporated by reference into our Legal Terms.

2. INFORMATION WE COLLECT

We collect information that you provide directly to us, information collected automatically through your use of the Services, and information from other sources. This may include "Personal Data," which is information that identifies you or relates to you as an identifiable individual, and "Sensitive Personal Data," which includes health-related information.

(a) Information You Provide Directly:

• Account Registration: When you create an account, we collect information such as your name, email address, and password.
• Profile Information: You may choose to provide additional profile information.
• Logged Health & Wellness Data (Sensitive Personal Data): Information you actively log within the App, including:
  • Food Intake Details (descriptions, meal times, ingredients, notes)
  • Food Photographs (if you choose to upload them for AI Analysis)
  • Symptom Details (type, severity, duration, notes)
  • Bowel Movement Details (consistency, frequency, color, notes)
  • Other related notes or information you choose to provide.
• Payment Information: If you subscribe to paid features, our third-party payment processor collects and processes your payment card information (Visa, Mastercard, American Express, Discover). We do not directly store your full payment card details. We receive transaction confirmation details.
• Communications: Information you provide when you contact us for support, provide feedback, or otherwise communicate with us (e.g., emails to [email protected]).

(b) Information Collected Automatically:

• Usage Data: Information about how you interact with the Services, such as features used, pages viewed, actions taken, time, frequency, and duration of your activities.
• Device Information: Information about the device you use to access the Services, including hardware model, operating system and version, unique device identifiers, mobile network information, and IP address.
• Crash Reports and Diagnostics: Information related to app performance and crashes, which helps us diagnose and fix problems.
• Cookies and Similar Technologies: We may use cookies, pixels, and similar technologies to collect information about your interaction with our Services (primarily for functionality, security, and basic analytics within the app environment).

3. HOW WE USE YOUR INFORMATION

We use the information we collect for various purposes, including:

• To Provide and Maintain the Services: Operate the App, authenticate users, process logs, and deliver core functionality.
• To Perform AI Analysis: Utilize AI algorithms to analyze your logged data, including food photos and text descriptions, to generate personalized reports identifying potential patterns and correlations between your inputs (food, symptoms, BMs).
• To Improve and Develop the Services: Understand user needs, troubleshoot issues, analyze usage patterns, develop new features, and improve the accuracy and capabilities of our AI models. This includes using logged data (including photos) to train and refine the algorithms. Where possible and appropriate for model training, data may be anonymized or aggregated.
• To Personalize Your Experience: Tailor content and features based on your logged data and usage.
• To Process Transactions: Manage subscriptions, process payments, and prevent transactional fraud.
• To Communicate With You: Respond to inquiries, send service-related announcements (e.g., updates, security alerts), provide customer support, and [Optional: send marketing communications, subject to your opt-out rights].
• For Security and Fraud Prevention: Monitor for suspicious activity, enforce our Legal Terms, and protect the rights, property, and safety of NexAige, LLC, our users, and others.
• To Comply with Legal Obligations: Fulfill legal requirements, respond to lawful requests from public authorities.
• To Create Anonymized/Aggregated Data: Generate data that does not personally identify you (by removing identifiers like name, email, and potentially combining data from multiple users) for research, analytics, statistical purposes, AI model improvement, industry reporting, and other business purposes.

4. HOW WE SHARE YOUR INFORMATION

We do not sell your Personal Data. We may share your information in the following circumstances:

• With Service Providers: We share information with third-party vendors and service providers who perform services on our behalf, such as:
  • Cloud hosting providers (e.g.,Google Cloud Platform)
  • Payment processing is handled via the Apple App Store and Google Play Store, which act as intermediaries and utilize their own payment processors.
  • AI service providers (Google, Anthropic, and OpenAI)
  • Customer support platforms
  These providers are contractually obligated to protect your data and use it only for the services we request.
• For AI Analysis: Your logged data, including photos if submitted, is processed by our AI systems (or potentially third-party AI service providers as disclosed) to provide the AI Analysis feature.
• For Legal Reasons: We may disclose your information if required by law, subpoena, or other legal process, or if we have a good faith belief that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
• During Business Transfers: If NexAige, LLC is involved in a merger, acquisition, financing, reorganization, bankruptcy, or sale of all or a portion of its assets, your information may be transferred as part of that transaction, subject to standard confidentiality agreements.
• With Your Consent: We may share your information for other purposes if you provide your explicit consent.
• Anonymized/Aggregated Data: We may share anonymized or aggregated data (which cannot reasonably identify you) freely for research, marketing, analytics, or other purposes.

We will not share your identifiable Personal Data or Sensitive Personal Data with insurance companies or employers.

5. ARTIFICIAL INTELLIGENCE (AI) PROCESSING

Our Services utilize AI to provide the AI Analysis feature and improve our offerings. This involves:

• Analysis of Your Data: Our AI models process the food descriptions, food photos, symptom logs, and bowel movement logs you provide to identify potential patterns and correlations relevant to you.
• Report Generation: The output of the AI Analysis is used to generate reports accessible to you within the App.
• Model Training and Improvement: To enhance the accuracy, functionality, and safety of our AI models, we use user-provided data, including text descriptions and food photos, as part of our training datasets. We strive to use anonymized or aggregated data for training where feasible, but analysis of specific, non-anonymized data points (like images) is often necessary for the AI to learn effectively. By using the Services and submitting this content, you grant us the license (as detailed in the Legal Terms) to use it for these improvement purposes.
• AI Limitations: As stated in our Legal Terms, AI analysis has limitations. It provides potential correlations, not definitive medical diagnoses or advice. Results may not always be accurate or complete.
• Third-Party AI Providers: We utilize specialized AI services from third-party providers, specifically Google, Anthropic, and OpenAI, primarily for tasks like analyzing food photos and processing logged data to generate insights. When we use these services, we share the necessary data (e.g., food photos, logged text descriptions) with them solely for the purpose of providing that specific AI function within our Services. We select providers who commit to maintaining data privacy and security, and our agreements require them to use the data only as instructed by us for the provision of these services.

6. DATA SECURITY

We implement reasonable administrative, technical, and physical security measures designed to protect your information from unauthorized access, use, disclosure, alteration, or destruction. These measures include practices such as:

• Encryption of data in transit (e.g., HTTPS/TLS).
• Implementing access controls to limit internal personnel access to user data on a need-to-know basis.
• Regular security assessments and updates.

However, no electronic transmission or storage system is 100% secure. While we strive to protect your Personal Data, we cannot guarantee its absolute security.

7. DATA RETENTION

We retain your Personal Data for as long as necessary to fulfill the purposes outlined in this Privacy Policy, including providing the Services, complying with our legal obligations, resolving disputes, enforcing our agreements, and improving our Services (including AI models).

Generally, we retain your account information and logged data as long as your account is active. If you delete your account or request deletion of your data, we will take steps to delete your Personal Data, subject to certain exceptions:

• We may retain data as required by law or for legitimate business purposes (e.g., financial records for subscriptions, resolving disputes).
• We may retain backup copies for a limited period for disaster recovery purposes.
• We retain anonymized and aggregated data indefinitely for research, analytics, and AI model improvement purposes, as this data does not identify you.

8. YOUR PRIVACY RIGHTS

Depending on your location and applicable laws (e.g., GDPR, CCPA), you may have certain rights regarding your Personal Data. These may include the right to:

• Access: Request a copy of the Personal Data we hold about you.
• Rectification (Correction): Request correction of inaccurate or incomplete Personal Data.
• Erasure (Deletion): Request deletion of your Personal Data, subject to legal and operational retention needs.
• Restrict Processing: Request restriction of how we process your Personal Data in certain circumstances.
• Data Portability: Request a copy of your Personal Data in a structured, commonly used, and machine-readable format.
• Object: Object to the processing of your Personal Data for certain purposes (like direct marketing).
• Withdraw Consent: Withdraw your consent at any time where consent is the legal basis for processing (note: withdrawal does not affect the lawfulness of processing based on consent before withdrawal).

You can delete your account directly through the 'Settings' section within the App. For other requests, such as accessing your data or asking questions about your rights, please contact us using the details in the "Contact Us" section below or utilize the help/support function within the App. We may need to verify your identity before processing your request. We will respond to your request within the timeframes required by applicable law.

9. INTERNATIONAL DATA TRANSFERS

Our Services are hosted and operated in the United States. If you are accessing the Services from outside the United States, please be aware that your information, including Personal Data and Sensitive Personal Data, will be transferred to, stored, and processed in the United States, where our servers and central database are located. Data protection laws in the United States may differ from those in your country of residence.

By using the Services, you consent to the transfer of your information to the United States and its processing in accordance with this Privacy Policy.

10. CHILDREN'S PRIVACY

The Services are not intended for or directed at individuals under the age of 18. We do not knowingly collect Personal Data from children under 18. If we become aware that we have inadvertently collected Personal Data from a child under 18, we will take steps to delete such information promptly. If you believe we might have any information from or about a child under 18, please contact us.

11. CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy from time to time. We will notify you of any material changes by updating the "Last updated" date at the top of this policy and potentially through other means (such as an in-app notification or email). We encourage you to review this Privacy Policy periodically to stay informed about our data practices. Your continued use of the Services after any changes constitutes your acceptance of the revised Privacy Policy.

12. CONTACT US

If you have questions, comments, or concerns about this Privacy Policy or our data practices, or if you wish to exercise your privacy rights, please contact us at:

NexAige, LLC
232 Sharp Street
Dartmouth, MA 02747
United States
Email: [email protected]
Phone: 617-297-8889