Mobile App Terms of Use
These Terms of Use (“Terms”) govern your access to and use of the mobile application and related services provided by Monte Nido Holdings, LLC (together with its affiliates and subsidiaries, the “Company”), including functionality that allows you to log food and mood check-ins and share information with nutrition and mental health providers (collectively, the “App”). By creating an account, downloading, accessing, or using the App, you agree to these Terms. If you do not agree, do not use the App.
These Terms include important provisions regarding arbitration and waiver of class actions. Please review the dispute resolution section carefully.
1. Eligibility and Accounts
You must be at least 18 years old, or the age of majority in your jurisdiction, to use the App. If you are using the App on behalf of an organization, you represent that you are authorized to bind that organization to these Terms. You are responsible for keeping your account credentials confidential and for all activities that occur under your account. You must promptly notify us of any unauthorized use of your account.
2. App Purpose and No Medical Advice
The App is intended for logging food intake, logging mood, tracking nutrition and mental health related information, and facilitating the sharing of such information with nutrition and mental health providers involved in your care with the Company. The App does not provide medical, nutritional, or health advice and is not a substitute for professional judgment. Content in the App, including any estimates, analytics, or insights, is provided for informational purposes only. Always seek the advice of qualified professionals regarding any health or nutrition questions. Never disregard professional advice or delay seeking it because of information found in the App.
3. Not an Emergency Service
The App is not intended for emergencies. Free-text entries within the App are not intended for, and should not be used to report, emergency or crisis situations. If you are experiencing a medical emergency, call your local emergency number immediately.
4. User Content and Data Sharing
a. User Content. You may submit, upload, or otherwise make available data, text, images, and other materials through the App, including food logs, photos, notes, goals, and messages (“User Content”). You retain ownership of your User Content.
b. License to Company. You grant the Company a nonexclusive, worldwide, royalty-free license to host, store, process, transmit, display, and use your User Content to operate, maintain, improve, secure, and provide the App and our services to you, including to generate analytics and insights for your account and to support customer service, security, and compliance.
c. Sharing with Providers. At this time, the App automatically shares your User Content (such as logs) only with authorized providers within the Monte Nido care team who are involved in your treatment (“Monte Nido Providers”). You do not need to take any additional action for this internal
sharing to occur. Your User Content will not be shared with external providers or third parties unless a valid release of information (“ROI”) or other appropriate authorization is obtained in accordance with applicable law. In the event an ROI is in place, members of the Monte Nido care team may, at your direction or as permitted by law, manually share relevant User Content with an external care team. Once your User Content is shared with an external provider, we cannot control how that Provider uses or further discloses it. We encourage you to review the privacy practices of any external providers before authorizing such sharing.
d. De-identified and Aggregated Data. We may de-identify and/or aggregate User Content and usage data and use such information for analytics, product improvement, research, and to develop new services. We will not attempt to re-identify de-identified data.
5. Privacy
Your privacy is important to us. Our collection, use, and disclosure of personal information through the App is described in our Privacy Notice, which is incorporated into these Terms. By using the App, you acknowledge that you have read our Privacy Notice. If we process health-related information, we do so as a provider of a consumer app at your direction. We are not a healthcare provider or covered entity under HIPAA, and the App is not intended to store or transmit protected health information on behalf of covered entities unless separately agreed in writing. If you or your Provider is subject to HIPAA or other health privacy laws, you are responsible for ensuring compliance with those laws in connection with your use of the App.
6. Acceptable Use
You agree not to:
- Use the App in any manner that violates law or regulations;
- Use the App, including any free-text entry or communication features, to report or seek assistance for emergencies or crisis situations. If you are experiencing a medical emergency, call your local emergency number immediately.
- Upload or transmit any content that is unlawful, misleading, defamatory, obscene, harassing, discriminatory, or harmful;
- · Infringe or violate others’ rights, including privacy, publicity, or intellectual property rights;
- · Attempt to access another user’s account or non-public areas of the App;
- · Interfere with or disrupt the App’s operation, security, or integrity, including by introducing malware or scraping;
- · Reverse engineer, decompile, or attempt to derive the source code of the App, except to the extent such restrictions are prohibited by law;
- · Use the App to develop, train, or improve models or datasets without our express written consent.
We may, in our discretion, suspend or terminate access for violations of these Terms.
7. App Features, Changes, and Availability
We may modify, update, or discontinue the App or any features at any time, with or without notice. We do not guarantee the App will be available at all times or without interruption. We may release updates that are required for continued use of the App, and you agree to install them.
8. App Store Terms
If you download the App from the Apple App Store or Google Play, your use of the App must also comply with the applicable store’s terms. Apple and Google are not responsible for providing maintenance or support for the App. To the maximum extent permitted by law, Apple and Google have no warranty obligation with respect to the App, and are not responsible for claims, losses, liabilities, damages, costs, or expenses attributable to the App.
9. Intellectual Property
The App, including all software, designs, text, graphics, logos, and trademarks (excluding your User Content), is owned or licensed by the Company and protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, nonexclusive, nontransferable, non-sublicensable license to install and use the App on a device you own or control solely for your personal, non-commercial use. We reserve all rights not expressly granted.
10. Feedback
If you submit any suggestions, ideas, or feedback regarding the App (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and exploit the Feedback without restriction or compensation.
11. Third-Party Services
The App may integrate with third-party services or links. We are not responsible for third-party services and do not endorse them. Your use of third-party services is at your own risk and subject to the third party’s terms and privacy policies.
12. Data Security; No Guarantee
We implement reasonable technical and organizational measures designed to protect your information. However, no security measures are perfect, and we cannot guarantee that your information will remain secure or that transmissions will be error-free or free from unauthorized access.
13. Termination
You may stop using the App at any time. We may suspend or terminate your access to the App, or terminate these Terms, at any time and for any reason, including if we believe you have violated these Terms. Upon termination, the licenses granted to you will end, and you must cease all use of the App. Sections that by their nature should survive termination shall survive, including Sections 2, 4–6, 8–16.
14. Disclaimers
THE APP AND ALL CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT
THAT THE APP WILL BE ACCURATE, COMPLETE, RELIABLE, ERROR-FREE, SECURE, OR UNINTERRUPTED.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID (IF ANY) TO USE THE APP IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES OR WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
16. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your User Content; (b) your use of the App; (c) your violation of these Terms; or (d) your violation of any law or third-party rights.
17. Communications and Consent
You consent to receive service-related communications, including notices and updates, electronically. We may communicate with you via in-App messages, email, or push notifications. You can manage notification preferences in the App or your device settings. If you provide a phone number, you consent to receiving SMS messages related to your account and App usage; carrier rates may apply. You may opt out of non-essential communications as described in our Privacy Notice.
18. International Use
The App is controlled from the United States. We make no representations that the App is appropriate or available for use in all locations. You are responsible for compliance with local laws, including data protection, consumer protection, and export control laws.
19. Export and Sanctions
You may not use or export the App in violation of U.S. export control and sanctions laws or other applicable laws. You represent that you are not located in, under the control of, or a national or resident of any embargoed country or on any denied party list.
20. Governing Law and Dispute Resolution
a. Governing Law. These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles.
b. Informal Resolution. Before filing a claim, you agree to attempt to resolve the dispute informally by contacting us at [support email]. If we cannot resolve the dispute within 60 days, either party may bring a claim as set forth below.
c. Arbitration and Class Action Waiver. Any dispute, claim, or controversy arising out of or relating to these Terms or the App will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will be conducted in Miami-Dade County, Florida, or by telephone/video conference if in-person is impracticable. You and the Company agree to arbitrate on an individual basis only; class, collective, and representative actions are not permitted. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this class action waiver is found unenforceable, the entirety of this arbitration provision will be null and void, and disputes will be resolved in the state or federal courts located in Miami-Dade County, Florida, and you consent to jurisdiction and venue there.
d. Exceptions. Either party may seek injunctive or other equitable relief in court for actual or threatened infringement, misappropriation, or violation of intellectual property or proprietary rights or data security obligations.
21. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will provide notice as required by law, such as by posting in the App or sending an email. Your continued use of the App after the effective date of any changes constitutes your acceptance of the updated Terms.
22. Contact
Questions or concerns about the App or these Terms can be directed to:
Monte Nido Holdings, LLC
mnmobileapp@montenido.com
855-932-7473
23. Entire Agreement; Miscellaneous
These Terms, together with the Privacy Notice and any applicable supplemental terms, constitute the entire agreement between you and the Company regarding the App and supersede prior or contemporaneous agreements on that subject. If a court finds any provision unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign these Terms without restriction. There are no third-party beneficiaries to these Terms except as expressly stated.
If you are a California resident, you may have additional rights under California law as described in our Privacy Notice.
Last Updated: January 8, 2026