Last updated: [April 1, 2025]
We are NexAige, LLC ("Company," "we," "us," "our"), a company registered in Massachusetts, United States at 232 Sharp Street, Dartmouth, MA 02747.
We operate the mobile application GutCheck (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
Our Services provide users with tools to log information related to their diet, digestion, and well-being, including meals (with the option to upload photos for analysis), bowel movements, and symptoms. The App utilizes artificial intelligence (AI) to analyze submitted food photos and logged data to generate reports intended to help users identify potential correlations and personal patterns ("AI Analysis").
You can contact us by phone at 617-297-8889, email at [email protected], or by mail to 232 Sharp Street, Dartmouth, MA 02747, United States.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and NexAige, LLC, concerning your access to and use of the Services. You agree that by accessing or using the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
The Services provide tools for personal tracking of food intake (including optional photo uploads), bowel movements, and symptoms. The Services utilize AI Analysis on the data you provide, including photos, to generate reports identifying potential patterns or triggers.
Regulatory Compliance: The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not intended to comply with industry-specific regulations like the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA). If your interactions would be subjected to such laws (e.g., if you are a covered entity or business associate under HIPAA), you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA). You acknowledge that the Services do not provide HIPAA-protected services.
Our Intellectual Property: We are the owner or the licensee of all intellectual property rights in our Services, including the App itself, all source code, databases, functionality, software, designs, AI models (as developed by us), audio, video, text, non-user submitted photographs and graphics (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright, trademark, and other intellectual property laws and treaties in the United States and worldwide. The Content and Marks are provided "AS IS" for your personal, non-commercial use related to the Services only.
Your Use of Our Services: Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section, we grant you a non-exclusive, non-transferable, revocable license to: (a) access and use the Services for their intended purpose; and (b) download or print a copy of any portion of the Content (excluding User Content you did not submit) to which you have properly gained access, solely for your personal, non-commercial use. No part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission. We reserve all rights not expressly granted. Any breach terminates your right to use the Services immediately.
Feedback: If you provide us with any question, comment, suggestion, idea, feedback, or other information about the Services ("Feedback"), you assign to us all intellectual property rights in such Feedback. We own this Feedback and can use and disseminate it for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
By using the Services, you represent and warrant that: (1) all registration information you submit is true, accurate, current, and complete; (2) you will maintain the accuracy of such information; (3) you have the legal capacity (age 18+) and agree to comply with these Legal Terms; (4) you are not a minor in your jurisdiction; (5) you will not access the Services through automated means (bots, scripts) except as may be intentionally facilitated by the Services; (6) you will not use the Services for illegal or unauthorized purposes; and (7) your use will not violate any applicable law or regulation. Providing false information may result in account suspension or termination.
You may need to register to use the Services. Keep your password confidential; you are responsible for all activity under your account. We may reclaim or change usernames we deem inappropriate.
All purchases within the App, including one-time purchases and subscriptions (if applicable), are processed through the Google Play Store or Apple App Store ('App Stores'). By making a purchase, you agree to comply with the terms and conditions of the applicable App Store, including those related to payment, billing cycles, automatic renewals (for subscriptions), cancellations, and refunds.
Prices for our offerings are subject to change at any time without notice for new purchases. Price changes for existing subscriptions will be communicated in advance as required by the applicable App Store policies before taking effect upon renewal. Payments are set in U.S. dollars but may be displayed and charged in your local currency by the App Store. Prices shown may not include applicable taxes; these will be added and processed by the relevant App Store where required by law.
We reserve the right to refuse or limit any order you place with us, correct pricing errors should they occur, and prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Please note that we do not process payments directly, manage subscriptions, or issue refunds. All billing-related inquiries, subscription management (including cancellation), and refund requests must be directed to the Google Play Store or Apple App Store support.
Billing and Renewal: Subscriptions automatically renew monthly unless canceled. You authorize recurring charges to your payment method until you cancel.
Free Trial: We may offer a free trial (e.g., 14-day) to new users. Your chosen subscription will be charged at the end of the trial unless canceled prior.
Cancellation: Cancel anytime via your account settings. Cancellation is effective at the end of the current paid term. No refunds for partial subscription periods unless required by law. Contact [email protected] with questions.
Fee Changes: We will notify you of subscription fee changes in accordance with applicable law.
You may only use the Services for their intended personal, non-commercial purpose. Prohibited activities include, but are not limited to:
The Services allow you to create, submit, post, transmit, and store content and materials, including but not limited to text descriptions of food, symptoms, and bowel movements, photographs of food, comments, suggestions, personal information, and other material (collectively, "User Content"). Your User Content may be processed by us, including through AI Analysis, to provide the Services.
By submitting User Content, you represent and warrant that:
Violating these terms may result in termination or suspension of your access. You are solely responsible for your User Content.
You retain full ownership of your User Content. However, by submitting, posting, or displaying User Content on or through the Services, you grant NexAige, LLC a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, access, store, process, reproduce, distribute, modify, adapt, analyze (including through AI Analysis of text and images), perform, display, publish, create derivative works from (such as aggregated data or reports), and otherwise exploit your User Content solely for the purposes of:
This license continues even if you stop using the Services, solely for the purposes outlined above (e.g., retaining anonymized data for model improvement, necessary archival copies). We are not liable for any statements in your User Content. You agree to exonerate us from responsibility and refrain from legal action regarding your User Content.
Use License: If accessing via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on devices you own or control, strictly according to these Legal Terms. You shall not: (1) decompile, reverse engineer, or decrypt the App (except as permitted by law); (2) modify or create derivative works; (3) violate laws; (4) remove proprietary notices; (5) use for unintended commercial purposes; (6) make available over a network for simultaneous use; (7) use to create a competing product; (8) send automated queries or spam; (9) use our IP improperly.
Apple and Android Devices: The following terms apply when you use an application obtained from either the Apple Store or Google Play (each, an “App Distributor”) to access the Services:
We may allow advertisers to display ads. We provide the space but have no other relationship with advertisers unless otherwise stated.
We reserve the right (but not obligation) to: (1) monitor for violations; (2) take legal action against violators; (3) refuse, restrict, or disable User Content; (4) remove burdensome files/content; (5) manage the Services to protect our rights and ensure proper functioning.
Data privacy and security are crucial. Please review our Privacy Policy: www.nexaige.com/privacy-policy. Our Privacy Policy is incorporated by reference into these Legal Terms and governs how we collect, use, store, process (including AI processing), and share your personal data, including sensitive information like health data and photos. By using the Services, you agree to be bound by our Privacy Policy. The Services are hosted in the United States. If accessing from other regions, you consent to transferring and processing your data in the United States, which may have different data protection laws than your region.
These Legal Terms are effective while you use the Services. WE MAY DENY ACCESS, SUSPEND, OR TERMINATE YOUR ACCOUNT AND USE OF THE SERVICES AT ANY TIME, FOR ANY REASON (INCLUDING BREACH OF THESE TERMS) OR NO REASON, IN OUR SOLE DISCRETION, WITHOUT NOTICE OR LIABILITY. If terminated, you are prohibited from creating a new account. We reserve the right to pursue legal action.
We may change, modify, or remove Service content at any time without notice, but have no obligation to update information. We are not liable for modifications, price changes, suspensions, or discontinuance. The Services may experience interruptions due to maintenance or technical issues. We are not liable for losses caused by inability to access the Services during downtime. We are not obligated to provide support, corrections, or updates.
These Legal Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles.
Informal Negotiations: Parties agree to first attempt informal negotiation for at least 30 days before arbitration (except for IP enforcement, theft, piracy, privacy invasion, unauthorized use, or injunctive relief claims).
Binding Arbitration: If informal negotiations fail, disputes (except excluded ones) will be resolved by binding arbitration under AAA Commercial Arbitration Rules and Consumer Rules (available at adr.org). YOU WAIVE YOUR RIGHT TO A JURY TRIAL. Arbitration may be in person, by documents, phone, or online. The arbitrator's decision is final and binding. Arbitration takes place in Bristol County, Massachusetts, unless otherwise required.
Restrictions: Arbitration is limited to individual disputes. No class actions or representative actions permitted.
Exceptions: IP rights enforcement, theft, piracy, invasion of privacy, unauthorized use claims, and claims for injunctive relief are not subject to mandatory arbitration and may be brought in court.
Court Venue: If a dispute proceeds in court, it shall be in state or federal courts in Bristol County, Massachusetts. Parties consent to jurisdiction and waive defenses of lack of personal jurisdiction and forum non conveniens.
Time Limit: Any dispute must be commenced within one (1) year after the cause of action arose.
Severability: If any part of this Dispute Resolution section is found illegal or unenforceable, that part will be severed, and the remainder will apply. Excluded disputes proceed in the specified courts.
Information on the Services may contain errors or omissions. We reserve the right to correct them and update information at any time without prior notice.
IN ADDITION TO THE SPECIFIC HEALTH DISCLAIMER IN SECTION 1, THE FOLLOWING GENERAL DISCLAIMERS APPLY:
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOUR USE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT, AI ANALYSIS, REPORTS, OR LINKED WEBSITES/APPS. WE ASSUME NO LIABILITY FOR: (1) ERRORS OR INACCURACIES; (2) PERSONAL INJURY OR PROPERTY DAMAGE FROM YOUR USE; (3) UNAUTHORIZED ACCESS TO OUR SERVERS OR DATA; (4) SERVICE INTERRUPTIONS; (5) BUGS, VIRUSES, ETC. TRANSMITTED BY THIRD PARTIES; (6) CONTENT ERRORS OR OMISSIONS, OR LOSS/DAMAGE FROM USING CONTENT. WE DO NOT ENDORSE OR GUARANTEE THIRD-PARTY PRODUCTS/SERVICES ADVERTISED. USE BEST JUDGMENT AND CAUTION.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES) ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE, REGARDLESS OF ACTION FORM, WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION ARISING. CERTAIN LAWS MAY NOT ALLOW THESE LIMITATIONS; IF SO, SOME MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless (including subsidiaries, affiliates, officers, agents, partners, employees) from any loss, damage, liability, claim, or demand (including reasonable attorneys’ fees) made by any third party due to or arising out of: (1) your User Content; (2) your use of the Services; (3) your breach of these Legal Terms; (4) your breach of representations and warranties; (5) your violation of third-party rights (including IP rights); or (6) any overt harmful act toward another user. We reserve the right to assume exclusive defense (at your expense), and you agree to cooperate. We will reasonably notify you of such claims.
We maintain certain data you transmit for managing Service performance and relating to your use. While we perform routine backups, you are primarily responsible for the data you transmit, including your User Content. We take reasonable measures (detailed in the Privacy Policy) to protect data but cannot guarantee against loss or corruption. You agree we have no liability for loss or corruption of your data and waive any right of action against us arising from such loss or corruption. Data use and processing, including for AI Analysis, are further described in our Privacy Policy.
Using the Services, sending emails, and completing forms constitute electronic communications. You consent to receive electronic communications and agree that electronic agreements, notices, disclosures, etc., satisfy legal writing requirements. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, RECORDS, AND ELECTRONIC DELIVERY. You waive rights requiring original signatures or non-electronic records/payments.
If any complaints with us are not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Terms and the Privacy Policy constitute the entire agreement. Our failure to enforce any right is not a waiver. These Terms operate to the fullest extent permissible by law. We may assign our rights/obligations. We are not liable for delays/failures beyond our reasonable control. If any provision is unlawful/void/unenforceable, it is severable and doesn't affect remaining provisions. No joint venture, partnership, employment, or agency relationship is created. These Terms won't be construed against us for drafting them. You waive defenses based on electronic form/lack of signing.
For complaints or further information regarding the Services, please contact us at:
NexAige, LLC
232 Sharp Street
Dartmouth, MA 02747
United States
Phone: 617-297-8889
Email: [email protected]