Terms of Service

By accessing, browsing, or otherwise using the services provided by NutraCheckout, Inc. ("NutraCheckout," "we," "us," or "our"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must immediately cease all use of the NutraCheckout platform and services.

These Terms constitute a legally binding agreement between you and NutraCheckout, Inc., a corporation organized under the laws of the State of Delaware, United States of America. "You" and "your" refer to the individual or legal entity accessing or using our services. "We," "us," and "our" refer to NutraCheckout, Inc.

These Terms apply to all visitors, users, merchants, and any other persons who access or use the NutraCheckout platform, including without limitation our website, APIs, dashboard, checkout pages, and any related services or tools.

NutraCheckout is a software-as-a-service (SaaS) platform that provides checkout infrastructure and payment facilitation tools for e-commerce businesses. Our platform enables merchants to create, customize, and deploy high-converting checkout experiences for their customers.

Our services include, but are not limited to:

• Customizable checkout page builder with drag-and-drop functionality
• Multi-gateway payment processing facilitation
• Subscription and recurring billing management
• Real-time analytics and reporting dashboard
• Order management and fulfillment tools
• Fraud detection and prevention capabilities
• Third-party integrations and marketplace connectors
• RESTful API access and developer tools

All services are provided on an "as-is" and "as-available" basis. NutraCheckout is a technology platform and does not itself act as a payment processor, bank, or financial institution. We facilitate payment processing through third-party payment processors, including but not limited to Stripe, Inc. Your use of payment processing services is subject to the respective terms and conditions of those third-party processors.

To access certain features of the NutraCheckout platform, you must register for an account. By creating an account, you represent and warrant that:

• You are at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater
• You will provide true, accurate, current, and complete information during the registration process
• You will maintain and promptly update your account information to keep it accurate and complete
• You are responsible for maintaining the confidentiality of your account credentials, including your password
• You accept responsibility for all activities that occur under your account
• You will notify NutraCheckout immediately of any unauthorized use of your account or any other breach of security

NutraCheckout reserves the right to refuse registration, suspend, or terminate any account at our sole discretion, with or without cause, and with or without prior notice. A single natural person or legal entity may maintain only one account, unless NutraCheckout has provided explicit written authorization for additional accounts.

NutraCheckout offers the following subscription plans, each with distinct features and pricing:

• Starter: $79.00 per month (USD) — designed for growing businesses
• Growth: $199.00 per month (USD) — for scaling operations with advanced features
• Enterprise: Custom pricing — tailored solutions with dedicated support and SLAs

All prices are quoted in United States Dollars (USD) unless otherwise indicated. Prices are subject to change upon thirty (30) days' written notice, which may be provided via email or through a notification in your dashboard.

Subscriptions are billed on either a monthly or annual basis, at your election, and automatically renew at the end of each billing cycle unless cancelled prior to the renewal date. Payment is processed through third-party payment processors (currently Stripe, Inc.). Applicable transaction fees vary by plan. Failure to remit payment when due may result in the suspension or termination of your access to the services.

Applicable taxes, including sales tax, value-added tax (VAT), and goods and services tax (GST), will be added to your invoice as required by the jurisdiction in which you are located.

NutraCheckout may offer a free trial period of fourteen (14) days with access to the full functionality of the platform. No credit card is required to begin a free trial.

At the conclusion of the trial period, your account will either revert to limited functionality or be deactivated unless you elect to subscribe to a paid plan. NutraCheckout reserves the right to modify, suspend, or discontinue trial offerings at any time without prior notice.

You may cancel your subscription at any time through your account dashboard (Settings > Billing > Cancel Subscription) or by contacting our support team. Cancellation will take effect at the end of your current billing period, and you will retain access to the platform until that date.

• No pro-rata refunds are issued for partial billing periods, except as outlined in our Refund Policy
• NutraCheckout reserves the right to terminate or suspend your access for violation of these Terms
• Following cancellation, your data will be retained in read-only mode for thirty (30) days before permanent deletion
• Data export functionality is available during the post-cancellation retention period

For additional details, please see our Cancellation Policy and Refund Policy.

You agree to use the NutraCheckout platform only for lawful purposes and in compliance with these Terms and all applicable laws and regulations. You shall not:

• Use the platform to facilitate any illegal activity or the sale of prohibited goods or services
• Process payments for goods or services that violate applicable law or card network rules
• Infringe upon the intellectual property rights of any third party
• Transmit malware, viruses, or any other malicious code
• Attempt to gain unauthorized access to any portion of the platform or its systems
• Use the platform for money laundering, terrorism financing, or fraudulent activities
• Exceed the usage limits applicable to your subscription plan
• Violate any applicable consumer protection, anti-spam, or electronic communications laws

For a comprehensive description of prohibited activities and content standards, please review our complete Acceptable Use Policy.

NutraCheckout facilitates payment processing through third-party payment service providers. NutraCheckout does not directly store credit card numbers, debit card numbers, or other sensitive payment credentials — all card data is tokenized and managed by the applicable payment processor.

• You are responsible for compliance with all applicable card network rules, including those of Visa, Mastercard, American Express, and Discover
• You are responsible for maintaining your chargeback rate within acceptable thresholds (typically below 1% of total transaction volume)
• NutraCheckout reserves the right to suspend payment processing functionality if your chargeback rate exceeds 1%
• Funds are settled in accordance with the schedule established by your payment processor
• NutraCheckout is not responsible for delays or errors attributable to third-party payment processors

All content, software, technology, designs, trademarks, and other materials available on or through the NutraCheckout platform are the property of NutraCheckout, Inc. or its licensors and are protected by applicable intellectual property laws.

• You retain all ownership rights in the content you upload or submit to the platform
• By submitting content, you grant NutraCheckout a limited, non-exclusive, royalty-free license to host, store, and process such content solely for the purpose of providing the services
• NutraCheckout trademarks, service marks, and logos may not be used without our prior written consent
• Any feedback, suggestions, or ideas you provide may be used by NutraCheckout without compensation or attribution

The collection, use, and protection of personal data is governed by our Privacy Policy, which is incorporated herein by reference. NutraCheckout acts as the data controller with respect to merchant account data. Third-party payment processors act as data processors for transaction-related data.

You are responsible for obtaining all necessary consents from your customers for the collection, use, and processing of their personal data in connection with your use of the NutraCheckout platform. For details regarding our data processing practices and obligations, please see our Data Processing Agreement.

The NutraCheckout platform integrates with various third-party services, including but not limited to Stripe, PayPal, Shopify, and other e-commerce and payment platforms. NutraCheckout is not responsible for the availability, reliability, accuracy, or functionality of any third-party service.

• Your use of third-party services is subject to the respective terms and conditions of those service providers
• NutraCheckout may modify, add, or remove third-party integrations at any time
• We do not endorse and are not liable for any third-party services or their practices

THE NUTRACHECKOUT PLATFORM AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

NutraCheckout does not warrant that: (a) the services will be uninterrupted, timely, secure, or error-free; (b) the results obtained from use of the services will be accurate or reliable; or (c) any specific business results, including but not limited to conversion rates, revenue, or customer acquisition, will be achieved through use of the platform.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NUTRACHECKOUT, INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE, PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.

OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO NUTRACHECKOUT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

You agree to indemnify, defend, and hold harmless NutraCheckout, Inc. and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your breach of these Terms or any representation or warranty contained herein
• Your violation of any applicable law, regulation, or third-party right
• Any content you submit, post, or transmit through the platform
• Your misuse of the NutraCheckout platform or services

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the services ("Dispute"), the parties shall first attempt to resolve such Dispute through good-faith negotiation for a period of thirty (30) days following written notice of the Dispute.

If the Dispute is not resolved through negotiation, it shall be finally resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in San Francisco, California, and the governing law shall be the laws of the State of California, United States of America, without regard to its conflict of laws principles.

CLASS ACTION WAIVER: YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

NutraCheckout reserves the right to modify these Terms at any time. We will provide at least thirty (30) days' advance notice of any material changes via email to the address associated with your account and/or through a prominent banner in your dashboard.

Your continued use of the platform after the effective date of any modifications constitutes your acceptance of the revised Terms. If you do not agree with the modified Terms, you must discontinue your use of the platform and close your account prior to the effective date of the changes.

• Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
• Entire Agreement: These Terms, together with the Privacy Policy, Acceptable Use Policy, and Data Processing Agreement, constitute the entire agreement between you and NutraCheckout.
• Assignment: You may not assign or transfer these Terms without our prior written consent. NutraCheckout may assign these Terms without restriction.
• Waiver: The failure of NutraCheckout to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Force Majeure: NutraCheckout shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, epidemics, power failures, or internet disruptions.
• Notices: All notices under these Terms shall be sent to the email address associated with your account or, for notices to NutraCheckout, to legal@nutracheckout.com.

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us: