Mobile Application, Website, and Subscription Services

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1. Acceptance and Eligibility

IMPORTANT NOTICE: THESE TERMS CONTAIN THE PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS. THESE TERMS WILL APPLY TO CONSUMERS (EXCLUDING CANADIAN CONSUMERS, AS INDICATED) UNLESS CONSUMER PROTECTION LAWS, INCLUDING QUEBEC CONSUMER PROTECTION ACT, PROVIDE YOU WITH THE ADDITIONAL RIGHTS: A BINDING ARBITRATION CLAUSE (SECTION 15) REQUIRING DISPUTES TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION AND NOT IN COURT; A CLASS ACTION WAIVER (SECTION 15.3) WAIVING YOUR RIGHT TO PARTICIPATE IN CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTIONS; A JURY TRIAL WAIVER (SECTION 15.3); DISCLAIMERS OF WARRANTIES (SECTION 12); LIMITATION OF LIABILITY (SECTION 13); AND SUBSCRIPTIONS THAT AUTO-RENEW UNLESS CANCELLED (SECTION 4). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, EXCEPT AS OTHERWISE PROVIDED IN SECTION 15.4, 16, AND 17.

These Terms of Service (“Terms”) are issued by EAIT LLC and its wholly owned subsidiary, Nutrition.AI LLC, doing business as N.AI. EAIT LLC and N.AI are commonly owned, both operate as commonly branded EAIT family companies, and both companies share information with each other, operating as a single business for purposes of the California Consumer Privacy Act (together, “EAIT,” “we,” “our,” or “us”). These Terms are a binding agreement between you and us, governing your use of the EAIT mobile application (the “App”), the website at eait.app (the “Site”), and related products, features, content, and services (collectively, the “Services”). By creating an account, downloading or using the App, or otherwise using the Services, you agree to these Terms and acknowledge our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.

You must be at least 18 years old to use the Services. If you are under 18 (or the age of majority where you live), you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf, consents to and supervises your use, and you may not purchase a subscription without their involvement. By using the Services, you represent that you meet these requirements and are not barred from using the Services under applicable law.

2. The Services

2.1 What EAIT does

EAIT is a food-intelligence application. It uses artificial intelligence and nutrition databases to analyze photographs, voice descriptions, and text that you provide about meals, and to generate estimated nutrition information, indexes, insights, and personalized suggestions. The Services are informational and educational tools to help you understand what you eat. They are not a medical service (see Section 5).

2.2 Changes to the Services

We are continuously improving EAIT. We may add, modify, or remove features, change how analyses are produced, update models and data sources, and change the Services' appearance and functionality at any time. Where a change materially reduces the core functionality of a paid subscription, we will provide notice and, where required by law, a remedy.

2.3 Pre-release and testing features

Some features or builds may be made available on a testing or pre-release basis (for example, through TestFlight, internal test tracks, or features marked beta). Such features are provided for evaluation, may be incomplete or inaccurate, may change or be withdrawn without notice, and are provided without warranty of any kind, except as required by law. Feedback you provide about them may be used by us without restriction or compensation.

2.4 Updates

We may require you to install updates to continue using the Services, including where updates are necessary for security, compatibility, or changes to data structures. The App may notify you that an update is required and direct you to the app store.

2.5 Service Availability

EAIT does not guarantee that the Services will be available at all times or that they will be continuous, uninterrupted, or error-free. The Services may be subject to limitations, delays, and other problems inherent in the use of the internet, mobile networks, and electronic communications, including interruptions due to electrical power outages; natural disasters; scheduled or unscheduled maintenance; software or hardware failures; network congestion; telecommunications or data-service provider outages; or other causes beyond EAIT’s reasonable control. EAIT is not responsible for any delays, delivery failures, or damages resulting from such problems. EAIT reserves the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice, for maintenance, updates, security, or any other reason. You acknowledge that EAIT will not be liable for any modification, suspension, or discontinuance of the Services.

3. Your Account

You must provide accurate information when creating an account and keep it current. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. We encourage you to use strong passwords (passwords that use a combination of upper- and lower-case letters, numbers, and symbols) with your EAIT account. You agree not to disclose your login credentials to any third party. One account per person; accounts may not be shared, sold, sublicensed, transferred, rented, or assigned to any third party. Any attempted transfer in violation of this provision is null and void and constitutes a material breach of these Terms. Notify us immediately at support@eait.app of any unauthorized use.

EAIT will not be liable for any loss or damage arising from your failure to safeguard your account credentials or to comply with the foregoing requirements.

We reserve the right to suspend or terminate your account if you create more than one account, or if

any information provided during registration or thereafter is determined to be incomplete, inaccurate, outdated, deceptive, or fraudulent. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a prolonged period. If your account is deactivated or cancelled, we will have the right, but not the obligation, to delete Your Content. We reserve the right to consider your history and the specific circumstances when applying our policies and to determine how strictly to enforce them.

4. Free Use, Subscriptions, Billing, and Read-Only Mode

4.1 Launch period

From launch until November 1, 2026 (the “Launch Period”), the core Services are available free of charge, without a payment method, subject to fair-use limits we may set to prevent abuse. We may end or extend the Launch Period at our discretion with notice in the App.

4.2 Subscriptions

After the Launch Period, continued access to analysis features requires a paid subscription (“EAIT Premium” or as otherwise named in the App). Subscriptions are offered on the terms, prices, and billing periods displayed in the App at the time of purchase. Prices may vary by region and may change; changes take effect at the start of your next billing period after notice as required by law and the app stores.

4.3 Free trial

We may offer a free trial (currently 14 days) to new subscribers, other than to subscribers in the Province of Québec. Unless you cancel before the trial ends, your subscription begins automatically and the store charges the subscription price. Trial eligibility may be limited to one per person or account.

4.4 Billing through app stores; auto-renewal; cancellation

All subscriptions are purchased through, billed by, and managed in the Apple App Store or Google Play (“Store”). Your purchase is governed by the Store's terms and payment policies. Subscriptions renew automatically at the end of each billing period at the then-current price unless you cancel at least 24 hours before the renewal date through your Store account settings. Deleting the App or your EAIT account does not cancel a Store subscription — you must cancel through the Store. We will provide notice of subscription renewal as required by applicable law. If you live in the Province of British Columbia and you cancel the renewal of a subscription with a term of more than 60 days, there will be no penalty to cancel at any time prior to the renewal date. If you cancel after the renewal date, there will be no penalty to cancel, and you will be entitled to a refund of subscription charges as required law.

4.5 Refunds

Refunds are handled by the Store under its policies; EAIT does not control Store refund decisions. Nothing in this section limits refund or cancellation rights you have under mandatory consumer

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protection law in your province or state of residence.

4.6 Read-only archive mode.

If you do not subscribe after the Launch Period, or your subscription ends, your account enters read-only mode: you can continue to view your meal history, favorites, calendar, and past analyses and make cosmetic edits, but new analyses and premium features are unavailable until you subscribe. Your data is retained in accordance with the Privacy Policy and is not deleted because your subscription ended. You may delete your account at any time.

4.7 Taxes

Prices may include or exclude taxes as displayed by the Store; you are responsible for any taxes the Store does not collect.

5. Not Medical Advice — Health Disclaimer

PLEASE READ THIS SECTION CAREFULLY.

THE SERVICES PROVIDE ESTIMATES AND GENERAL INFORMATION ABOUT FOOD AND NUTRITION FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. THEY ARE NOT MEDICAL, CLINICAL, OR DIETETIC ADVICE, ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR CONDITION, AND ARE NOT A SUBSTITUTE FOR ADVICE FROM A PHYSICIAN, REGISTERED DIETITIAN, OR OTHER QUALIFIED HEALTH PROFESSIONAL. EAIT IS NOT A MEDICAL DEVICE.

Nutrition values, portion estimates, ingredient identifications, indexes, and insights are generated by artificial-intelligence systems and reference databases. They are approximations that may be inaccurate, incomplete, or inconsistent between analyses of similar meals, and they depend on the quality of the photos, voice input, and information you provide. Always verify information that matters to your health, read product labels, and consult a qualified professional before making decisions about diet, medication, allergies, medical conditions, pregnancy, or nutrition for children. If you have or suspect an eating disorder or a medical condition affected by diet, consult a professional before using the Services, and stop using them if they cause distress. If you are experiencing a medical emergency, call your local emergency number.

You assume full responsibility for decisions you make based on information from the Services. EAIT does not review your data for medical purposes and has no duty to alert you to health risks.

6. Acceptable Use

You agree not to: (a) use the Services in violation of any law or these Terms; (b) upload content that is unlawful, infringing, harmful, or that depicts identifiable individuals without their consent; (c) reverse engineer, decompile, scrape, or extract data, models, prompts, or databases from the Services; (d) use automated means to access the Services except through interfaces we expressly provide; (e) interfere with the security or operation of the Services, or circumvent usage limits, subscriptions, or access

controls; (f) use the Services to develop a competing product or to train machine-learning models; (g) resell, sublicense, or commercially exploit the Services or outputs without our written permission; (h) impersonate any person or misrepresent your affiliation; (i) use the Services for anyone under 13; (j) attempt to manipulate, deceive, or circumvent the AI systems underlying the Services, including by attempting to cause the AI to provide harmful, misleading, or unauthorized outputs, bypass safety filters, or act outside its intended scope, or by inputting content designed to exploit or probe the AI models (commonly known as “jailbreaking” or “prompt injection”); (k) access, copy, distribute, share, publish, use, or store any information from or about any other user for purposes inconsistent with our Privacy Policy, or otherwise violate the privacy rights of other users or any third party; (l) use, display, mirror, or frame the Services, or any feature, functionality, or content of the Services, EAIT’s name, or any EAIT trademark, logo, or other proprietary information, without our express written consent; (m) forge any TCP/IP packet header or any part of the header information in any communication, or in any way use the Services to send altered, deceptive, or false source-identifying information; (n) probe, scan, or test the vulnerability of any system or network used to provide the Services, or breach or circumvent any security or authentication measures; (o) introduce any virus, Trojan horse, worm, logic bomb, denial-of-service attack, or other material that is malicious or technologically harmful; (p) systematically retrieve data or content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory, whether by manual methods, bots, crawlers, spiders, or otherwise; (q) publish, transmit, or distribute any content through the Services that is defamatory, obscene, fraudulent, threatening, abusive, hateful, or that promotes discrimination, bigotry, or violence; or (r) distribute unsolicited commercial communications, spam, chain letters, or pyramid schemes through the Services.

Violations of these restrictions may result in immediate suspension or termination of your account and may subject you to civil and criminal penalties. We reserve the right to investigate suspected violations and to cooperate with law enforcement authorities in prosecuting users who violate these Terms or applicable law.

If you believe another user has violated these Terms, please report the conduct to support@eait.app. We reserve the right, but have no obligation, to investigate and take appropriate action in response to such reports. Regardless of our action or inaction, we will not be liable for the acts or omissions of any user.

7. Your Content

“Your Content” means the photos, voice input, transcripts, text, profile information, and other materials you submit to the Services. You retain ownership of Your Content. You grant EAIT a worldwide, non-exclusive, royalty-free, sublicensable (to our service providers) license to host, store, process, analyze, reproduce, modify (for example, to crop or transcribe), and display Your Content to operate, provide, secure, and improve the Services and to develop and improve our models and databases, as described in the Privacy Policy. Where we use Your Content to improve models, we do so in de-identified form unless you have expressly opted in otherwise. This license continues for Your Content that has been de-identified or incorporated into aggregated data after you delete it.

You represent and warrant that (a) you have all rights, power, and authority necessary to grant the licenses granted herein; (b) Your Content does not and will not infringe, misappropriate, or violate any

third-party right, including any copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity, or any other intellectual property or proprietary right; (c) you have obtained all necessary permissions from any individuals depicted or identifiable in Your Content, including parental or guardian consent for any minors; and (d) Your Content does not contain any material that is defamatory, obscene, fraudulent, or otherwise unlawful. We may remove content that violates these Terms.

To the fullest extent permitted by applicable law, you irrevocably waive any and all moral rights you may have in Your Content. You acknowledge that to the extent a specific written waiver identifying particular works and uses is required by law (including 17 U.S.C. § 106A), any waiver hereunder is effective only to the extent such requirements are satisfied.

We reserve the right, but have no obligation, to monitor, review, edit, remove, disable, refuse, restrict, or terminate access to any of Your Content at any time and for any reason, including content that we believe violates these Terms or is otherwise objectionable, without prior notice to you. We expressly reserve our rights under the Communications Decency Act, 47 U.S.C. § 230, and similar legislation in other jurisdictions. We do not endorse, verify, or assume any responsibility for any Your Content.

Without limiting Section 6, you agree not to submit any Your Content that: (a) infringes upon or misappropriates the proprietary, publicity, or privacy rights of any person or entity; (b) is defamatory, obscene, pornographic, vulgar, offensive, or unlawful; (c) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (d) is false, misleading, or deceptive, including misleading health or nutrition claims; (e) contains spam, malware, viruses, or other malicious or tracking technology; or (f) otherwise violates these Terms or applicable law.

8. EAIT Intellectual Property and Outputs

The Services — including the App, Site, software, models, prompts, algorithms, nutrition indexes and scoring methods, databases, ontologies, designs, text, graphics, characters, trademarks (including EAIT and N.AI), and all analyses, insights, and other outputs generated by the Services (“Outputs”) — are owned by EAIT or its licensors and protected by intellectual-property laws. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the App on devices you own or control and to use Outputs relating to Your Content for your personal, non-commercial purposes. All other rights are reserved.

You may not use any of our trademarks, trade names, service marks, logos, or other identifying indicia (including EAIT, N.AI, and any associated logos and designs) in any manner that creates the impression that such items belong to or are associated with you, or are used with our consent, unless we have given express written permission. You will not remove, alter, or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Services.

You may not provide, upload, or transmit Outputs to any other vendor, service, or artificial intelligence system, except for your own personal information to the extent required by applicable privacy law, including data portability rights. Citations to or references to third-party sources in any Output do not grant you access to or a license for the underlying data; you must obtain access directly from the source, and no citation or reference constitutes an endorsement by the data provider.

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You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, or prepare derivative works based upon any features, functionality, or content of the Services, except as expressly permitted in these Terms, without our prior written permission.

If you provide feedback, suggestions, ideas, or recommendations regarding the Services (“Feedback”), you hereby irrevocably transfer and assign to EAIT all right, title, and interest in and to such Feedback, including all worldwide patent, copyright, trade secret, and other proprietary or intellectual property rights therein. You irrevocably waive any moral rights you may have in such Feedback to the fullest extent permitted by applicable law. You agree to execute any documents and provide any assistance reasonably required to perfect EAIT’s rights in such Feedback. EAIT is under no obligation to use any Feedback.

Third-party content and data (including licensed nutrition databases) are used under license and remain the property of their owners.

Copyright Complaints. EAIT respects the intellectual property of others and requires its users to do the same. We may, in appropriate circumstances, terminate, discontinue, suspend, or restrict the accounts of users who infringe the copyrights of others, and we may remove or disable access to content deemed to be infringing. If you believe that your copyrighted work has been copied or is accessible through the Services in a way that constitutes copyright infringement, please send a notice containing the following information (as required by the Digital Millennium Copyright Act, 17 U.S.C. § 512): (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (d) your contact information, including your address, telephone number, and email address; (e) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner. Please send DMCA notices to: legal@eait.app.

For users in Canada, notices may be sent under the Copyright Act (Canada) notice regime (sections 41.25-41.27) to legal@eatit.app and EAIT will handle any such notice as required by law.

EAIT’s designated agent to receive notifications of claimed copyright infringement is: [NAME AND TITLE], [PHYSICAL MAILING ADDRESS], [TELEPHONE NUMBER], legal@eait.app.

Counter-Notification. If you believe that material you posted was removed or access to it was disabled by mistake or misidentification, you may send a counter-notification to EAIT’s designated agent containing: (a) your physical or electronic signature; (b) identification of the material that was removed or to which access was disabled, and the location at which the material appeared before it was removed or access was disabled; (c) a statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification; and (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if your address is outside of the United States, for any judicial district in which EAIT may be found), and that you will accept service of

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process from the person who provided the original notification or an agent of such person. Upon receipt of a valid counter-notification, EAIT will provide the complainant with a copy and inform them that the removed material will be restored in not less than 10, no more than 14, business days, unless the complainant files a court action seeking to restrain the allegedly infringing activity.

Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act and other applicable law, EAIT maintains a policy of terminating, in appropriate circumstances, the accounts of users who are determined to be repeat infringers of copyrighted works. EAIT may also, in its sole discretion, limit access to the Services or terminate the account of any user who infringes the intellectual property rights of others, whether or not there is any repeat infringement.

All rights not expressly granted to you under these Terms are reserved by EAIT and its licensors. Nothing in these Terms shall be construed as a waiver or limitation of EAIT’s or its licensors’ respective rights and remedies under applicable law.

9. Third-Party Services

The Services rely on third-party providers, including the Stores, social-login providers, cloud hosting, and artificial-intelligence and nutrition-data providers, and may link to third-party websites. We are not responsible for third-party services, their availability, or their terms. Your use of them is governed by their own terms and privacy policies.

10. Privacy

Our collection and use of personal information, including health-related information, photos, and voice input, are described in our Privacy Policy, which forms part of these Terms. By using the Services, you acknowledge the Privacy Policy, and where consent is required for specific processing, we will request it separately.

11. Termination

You may stop using the Services and delete your account at any time in the App or by contacting support@eait.app. We may suspend or terminate your access if you violate these Terms, if required by law, or if we discontinue the Services (with reasonable notice where practicable). Upon termination, your license ends and we will handle your data as described in the Privacy Policy. Sections that by their nature should survive (including Sections 5, 6, 7, 8, and 12–21) survive termination. Termination does not entitle you to a refund except as required by law or Store policy.

12. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-

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INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT ANY NUTRITION ESTIMATE OR OUTPUT IS ACCURATE, COMPLETE, OR SUITABLE FOR YOUR NEEDS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EAIT AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL, OR FOR ANY PERSONAL INJURY OR HEALTH OUTCOME ARISING FROM RELIANCE ON THE SERVICES OR OUTPUTS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO EAIT THROUGH THE STORES IN THE TWELVE MONTHS BEFORE THE CLAIM AND (B) USD $100.00 (ONE HUNDRED UNITED STATES DOLLARS). THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD.

14. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless EAIT and its affiliates from claims, damages, and expenses (including reasonable attorneys' fees) arising from Your Content, your use of the Services in violation of these Terms or law, or your violation of any third-party right. This section does not apply to consumers where prohibited by mandatory law.

15. Dispute Resolution; Arbitration; Class-Action Waiver (Excluding Canadian Consumers)

15.1 Informal resolution first

Before either party initiates an arbitration or court proceeding permitted by these Terms, the party must first provide the other party with a written notice describing the dispute in reasonable detail (a “Notice of Dispute”) and attempt in good faith to resolve the dispute informally for at least sixty (60) days from the date the Notice of Dispute is received (the “Informal Resolution Period”). Notices of Dispute to EAIT must be sent to legal@eait.app. Compliance with this Section 15.1 is a condition precedent to initiating any arbitration or court proceeding under these Terms, and no arbitration demand or lawsuit may be filed until the Informal Resolution Period has expired without resolution. All applicable statutes of limitations and any filing-fee deadlines will be tolled during the Informal Resolution Period.

15.2 Binding arbitration

If the dispute is not resolved through the informal process described above, any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by

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the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and, if applicable, the AAA Consumer Mass Arbitration Supplementary Rules (collectively, the “AAA Rules”), rather than in court, except that either party may bring an individual claim in small-claims court or seek injunctive relief for intellectual-property infringement. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879, and are incorporated into these Terms by this reference. In the event of any conflict between these Terms and the AAA Rules, these Terms will control. The Federal Arbitration Act governs this section. The arbitrator may award any relief available in court on an individual basis. The arbitration may be conducted in the county where you reside, in Orange County, California, or by videoconference, telephone, or written submissions, as permitted by the AAA Rules and agreed by the parties. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.

EAIT will pay all arbitration filing fees, administrative fees, and arbitrator compensation that exceed the amount you would have been required to pay to file the dispute in a court of competent jurisdiction. If the arbitrator finds that the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all arbitration fees will be governed by the AAA Rules and the arbitrator may require you to reimburse EAIT for amounts advanced on your behalf. EAIT will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines that your claim is frivolous.

15.3 Class-action and jury waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND EAIT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND EAIT OTHERWISE AGREE IN WRITING, THE ARBITRATOR OR COURT MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. HOWEVER, NOTHING IN THIS SECTION WAIVES OR LIMITS ANY NON-WAIVABLE RIGHT TO SEEK PUBLIC INJUNCTIVE RELIEF TO THE EXTENT SUCH RELIEF CANNOT BE WAIVED UNDER APPLICABLE LAW.

IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THIS SECTION 15.3 IS VOID OR UNENFORCEABLE FOR ANY REASON, OR THAT ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISIONS SET FORTH IN SECTION 15.2 SHALL BE DEEMED NULL AND VOID IN THEIR ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES. IN THAT EVENT, ANY DISPUTE SHALL PROCEED IN COURT IN ACCORDANCE WITH SECTION 15.5.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND EAIT WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

15.4 Opt-out

You may opt out of the arbitration and class action waiver provisions of this Section 15 by sending written notice to EAIT at legal@eait.app within thirty (30) days of the date on which you first accept

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these Terms. The opt-out notice must include your name, mailing address, account email address, and a clear statement that you wish to opt out of the arbitration agreement. If you timely opt out, neither party will be required to arbitrate disputes under this Section, but all other provisions of these Terms will remain in effect.

15.5 Governing law and venue

These Terms are governed by the laws of the State of California and applicable U.S. federal law, without regard to conflict-of-law rules. Subject to Section 15.2, courts located in Orange County, California have exclusive jurisdiction, and you consent to personal jurisdiction there. Mandatory consumer-protection laws of your country of residence may also apply.

15.6 Future amendments to this section

If EAIT changes this Dispute Resolution section after you first accept these Terms, the change will not apply to any dispute of which EAIT had actual notice before the change became effective. Any material change to this Dispute Resolution section will apply prospectively only. If you do not agree to a material change, you must stop using the Services before the change becomes effective.

15.7 Survival

This Section 15 will survive any termination, cancellation, or expiration of these Terms or your use of the Services and will continue to apply to any dispute arising out of or relating to any transaction or interaction between you and EAIT, regardless of when the dispute arises.

16. Dispute Resolution; Arbitration; Governing Law (Canadian Consumers - Excluding Quebec Residents)

16.1 Informal Resolution

Before starting a proceeding, we encourage Canadian users, except those residing in the Province of Québec, (“Canadian Consumers”) to send first a written notice describing the dispute in reasonable detail to legal@eait.app, so that we can try to resolve the matter through amicable discussions within sixty (60) days.

16.2 Optional Arbitration

Nothing in these Terms requires a Canadian Consumer to arbitrate any dispute. After a dispute has arisen, the Canadian Consumer, and only the Canadian Consumer, may choose to resolve that dispute by final and binding arbitration instead of in court, by giving EAIT a separate written election that refers to this Section 16.2. If the Canadian Consumer makes that election, the dispute will be resolved by final and binding individual arbitration before a single arbitrator administered by the AAA under its AAA Rules, rather than in court. The language of the arbitration shall be English or French, subject to the Canadian Consumer’s choice. The arbitration and this Section 16 shall be governed by the arbitration laws of the province or territory where the Canadian Consumer resides at the time they elect to arbitrate, and the

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legal seat of arbitration will be the capital city of that province or territory. The arbitration may be conducted in the province or territory where the Canadian Consumer resides or by videoconference, telephone, or written submissions, as permitted by the AAA Rules and subject to the Canadian Consumer’s choice. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction. Any award(s) of the arbitrator shall be final and not subject to any appeal.

EAIT will pay all arbitration filing fees, administrative fees, and arbitrator fees (together, “Arbitration Fees”) that exceed the amount the Canadian Consumer would have been required to pay to file the dispute in the small claims court of the province or territory where the Canadian Consumer resides at the time they elect to arbitrate. If the arbitrator finds that the substance of the Canadian Consumer’s claim or the relief sought is frivolous, vexatious, or an abuse of process, the arbitrator may order the Canadian Consumer to reimburse EAIT for Arbitration Fees advanced by EAIT on the Canadian Consumer's behalf. EAIT will not seek, and the arbitrator will not award against the Canadian Consumer, any Arbitration Fees or EAIT’s legal costs unless the arbitrator determines that the claim is frivolous, vexatious, or an abuse of process.

The AAA Rules are available at www.adr.org or by calling 1-800-778-7879, and are incorporated into these Terms by this reference. In the event of any conflict between these Terms and the AAA Rules, these Terms will control.

16.3 Governing Law and Forum Selection

For Canadian Consumers, these Terms are governed by the laws of the province or territory where the Canadian Consumer is located at the time the Canadian Consumer accepts these Terms and the federal laws of Canada that apply there. Subject to any arbitration the Canadian Consumer elects under Section 16.2, the Canadian Consumer may bring a proceeding in the courts of the province or territory where the Canadian Consumer resides when the dispute arises, in the courts of any province or territory whose consumer protection laws apply to the relevant transaction, or in any other court of competent jurisdiction in Canada. EAIT will bring any proceeding against a Canadian Consumer only in the courts of the province or territory where the Canadian Consumer resides when the proceeding is commenced. Nothing in these Terms deprives the Canadian Consumer of the protection of the mandatory laws, including any mandatory consumer protection laws, applicable in the province or territory where the Canadian Consumer resides or was located when the relevant transaction took place.

16.4 Survival

This Section 16 will survive any termination, cancellation, or expiration of these Terms or your use of the Services and will continue to apply to any dispute arising out of or relating to these Terms or the Services, or any transaction or interaction between you and EAIT, regardless of when the dispute arises.

17. Dispute Resolution; Arbitration; Governing Law (Canadian Consumers – Quebec Residents)

For users residing in the Province of Québec (“Québec Consumers”), these Terms shall be governed by the laws of the Province of Québec and the federal laws of Canada that apply there. Any disputes will be

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submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).

18. Geographic availability

The Services are available only to users located in the United States and Canada. The Services are not offered, intended for use, or available outside of the United States and Canada. By using the Services, you represent and warrant that you are located in the United States or Canada. EAIT reserves the right to restrict, limit, or terminate access to the Services for any user who accesses or attempts to access the Services from outside these jurisdictions. If you access the Services from outside the United States or Canada, you do so at your own risk and are solely responsible for compliance with local laws.

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19. Apple and Google Additional Terms

If you use the App on an Apple device, these additional terms apply as required by Apple: these Terms are between you and EAIT only, not Apple; Apple has no obligation to provide maintenance or support; in the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any), and Apple has no other warranty obligation; Apple is not responsible for addressing any claims relating to the App, including product-liability, legal or regulatory compliance, and consumer-protection claims; Apple is not responsible for third-party intellectual-property claims; you represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country and are not on any U.S. Government restricted-party list; you must comply with applicable third-party terms; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. If you use the App from Google Play, Google's terms and policies apply to your download and purchases, and Google is not a party to these Terms.

20. General

Changes to Terms. We may update any part of these Terms at any time. Where prohibited by law, we will not amend provisions related to cancellations or refunds unless the amendments do not impose additional obligations on you or reduce obligations on us. We will post the updated Terms with a new effective date and notify you of material changes through the App or by email before they take effect as required by applicable laws. If you do not accept the amendments, you may terminate your use of the Services. Continued use after the effective date constitutes acceptance. Where law requires, we will seek your express consent for amendments to these Terms.

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and EAIT regarding the Services. Severability. If any provision is unenforceable, the rest remains in effect. Assignment. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.

No waiver. Our failure to enforce a provision is not a waiver.

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Export. You must comply with applicable export-control and sanctions laws.

Notices. We may notify you through the App or the email on your account; notices to us go to legal@eait.app. Language. These Terms are in English; translations are for convenience.

21. Force Majeure

EAIT will not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond EAIT’s reasonable control, including but not limited to acts of God, natural disasters, epidemics or pandemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, power outages, internet or telecommunications failures, strikes, or failures of third-party service providers.

22. Notice for California Consumers

The provider of the Services is Nutrition.AI LLC (dba N.AI), 2101 E Coast Hwy., Suite 120, Corona Del Mar, CA 92625, legal@eait.app. Subscription charges are as described in the App at the time of purchase (see Section 4). If you have a complaint regarding the Services, please contact us at support@eait.app.

Pursuant to California Civil Code Section 1789.3, California users of the Services are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

23. Contact

Nutrition.AI LLC (dba N.AI) — 2101 E Coast Hwy., Suite 120, Corona Del Mar, CA 92625
legal@eait.app (legal notices, arbitration opt-out) · support@eait.app (support) · privacy@eait.app (privacy)

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