Terms of Service

These Terms of Service ("Terms") form a legally binding agreement between you and Peakline Innovations LLC ("Peakline," "CholesTrack," "we," "us," or "our") governing your access to and use of the CholesTrack mobile application, cholestrack.com, and related services (collectively, the "Service").

By creating an account, accepting these Terms when presented to you, or using the Service, you agree to these Terms.

If you do not agree, do not use the Service.

Our Privacy Policy explains our privacy practices. Certain users may also be covered by our Consumer Health Data Privacy Policy.

1. Important Health and Medical Disclaimer

Please read this section carefully.

CholesTrack is a consumer nutrition, wellness, and informational tool. It is not intended to practice medicine, provide medical care, diagnose a condition, prescribe treatment, or replace professional healthcare.

Not Medical Advice

Nothing provided through CholesTrack constitutes medical advice, diagnosis, treatment, or a recommendation to begin, discontinue, or change medical treatment.

Always obtain advice from a licensed physician or other qualified healthcare professional regarding your health, cholesterol levels, medications, medical conditions, dietary changes, or treatment.

No Healthcare-Provider Relationship

Your use of CholesTrack does not create a physician-patient, dietitian-patient, therapist-patient, or other professional healthcare relationship between you and Peakline or any person associated with Peakline.

Do Not Change Medication Based on CholesTrack

Do not start, stop, reduce, increase, or otherwise change a prescription medication or medical treatment because of information displayed by CholesTrack.

This includes cholesterol-lowering medications such as statins and any other medication prescribed by a healthcare professional.

Higher-Risk Medical Conditions

If you have or suspect that you have cardiovascular disease, familial hypercholesterolemia, high cholesterol, diabetes, kidney disease, hypertension, an eating disorder, another significant medical condition, or are pregnant, nursing, taking prescription medication, recovering from a cardiac event, or otherwise under medical care, consult an appropriate healthcare professional before making significant dietary or health changes.

Targets, Scores, Trends, and Recommendations

CholesTrack may calculate personalized nutrient targets, Health Scores, trends, thresholds, or other informational outputs using information you provide and general published nutrition or health guidance.

These outputs are estimates and informational tools.

They are not individualized clinical recommendations, laboratory measurements, diagnoses, medical assessments, or substitutes for professional judgment.

A Health Score of any value does not establish that a diet, food, behavior, or health condition is medically safe or healthy for a particular individual.

Laboratory Values

If you enter cholesterol or other laboratory values, CholesTrack may organize and display that information for your convenience.

CholesTrack does not interpret laboratory results as a healthcare professional and does not determine whether a result requires treatment.

Discuss laboratory results with a qualified healthcare professional.

Nutrition Information Can Be Wrong

Nutrition information may come from manufacturers, restaurants, public sources, user submissions, automated extraction, or other sources.

Information may contain errors, omissions, outdated values, incorrect serving sizes, or other inaccuracies.

Always check original packaging, manufacturer information, restaurant information, or another authoritative source when accuracy is important.

Not an Allergen-Safety Tool

Do not rely on CholesTrack to determine whether a food is safe for an allergy, intolerance, sensitivity, celiac disease, or other condition where incorrect ingredient or cross-contamination information could cause harm.

Ingredient and allergen information may be missing, incomplete, or inaccurate.

Emergencies

CholesTrack is not an emergency service and is not designed to detect or respond to medical emergencies.

If you believe you may be experiencing a medical emergency, call 911 or the applicable local emergency number immediately.

2. The Service

CholesTrack may allow you to:

• log foods and meals;
• search a food database;
• scan product barcodes;
• photograph nutrition labels;
• create custom foods and recipes;
• establish or customize nutrition targets;
• calculate and display Health Scores;
• view nutrition trends;
• locally record and view cholesterol information;
• optionally display certain Apple Health information;
• search using voice input;
• access Premium features; and
• use other features made available from time to time.

Features may change as the Service evolves.

We do not guarantee that any particular feature will remain available indefinitely.

3. Automated and AI-Assisted Features

Certain features may use optical recognition, algorithms, machine-learning systems, or artificial intelligence services to interpret information you provide.

For example, CholesTrack may use automated systems to extract nutrition information from a photograph of a product label.

Where offered, other automated features may estimate or interpret foods, serving information, or nutrition information.

Automated results are estimates and may be wrong.

You are responsible for reviewing information before saving or relying on it.

You must not rely on an automated or AI-generated result for a medical decision, medication decision, allergy determination, emergency decision, or other situation in which inaccurate information could reasonably result in harm.

4. Eligibility

You must be at least 18 years old to create or use a CholesTrack account.

By using the Service, you represent that you satisfy this requirement and have the legal capacity to enter into these Terms.

5. Your Account

You agree to provide accurate information and to maintain the security of your account.

You are responsible for activity occurring through your account unless applicable law provides otherwise.

Notify us at support@cholestrack.com if you believe your account has been compromised.

You may not sell, transfer, or provide another person permanent access to your CholesTrack account.

We may suspend or restrict an account when reasonably necessary to investigate security issues, prevent abuse, comply with law, or enforce these Terms.

6. Premium Subscriptions

Certain features require a CholesTrack Premium subscription.

Premium subscriptions are purchased and billed through Apple and are subject to applicable Apple Media Services and App Store terms.

Pricing and Subscription Period

The price, billing period, introductory offer, and applicable subscription terms shown to you through the App Store purchase interface at the time of purchase control your purchase.

Prices may vary by country or region.

Automatic Renewal

Unless canceled, an auto-renewing subscription renews in accordance with the terms presented by Apple at purchase and Apple's applicable subscription rules.

You authorize Apple to charge the applicable subscription price through your Apple account as described during purchase.

Free Trials and Introductory Offers

If Apple or CholesTrack offers a trial or introductory offer, the duration and terms will be displayed before purchase.

Unless canceled before the applicable trial or introductory period ends as required by Apple, the subscription may convert to a paid subscription and Apple may charge you the applicable price.

Cancellation

You may manage or cancel your subscription through your Apple account subscription settings.

Deleting CholesTrack or deleting your CholesTrack account does not automatically cancel an Apple subscription.

Refunds

Apple processes App Store transactions and administers refund requests for those transactions under Apple's policies and applicable law.

Premium Entitlements

Premium access is determined using Apple StoreKit purchase and entitlement information.

A Premium subscription is associated with Apple's purchase environment and is not necessarily associated exclusively with a particular CholesTrack login.

You may be required to use Apple's Restore Purchases functionality when changing devices or reinstalling the App.

Unless expressly stated in the App Store offering, Family Sharing is not included.

Changes

We may change Premium features or prices prospectively, subject to Apple's rules and applicable law.

Changes to pricing apply as communicated through Apple.

7. Your Private Content

You retain your rights in information you submit to your personal CholesTrack account, such as meal entries, custom foods, health-related profile information, and similar account content ("Private Content").

You grant Peakline a limited, non-exclusive license to host, process, reproduce, transmit, and display Private Content only as reasonably necessary to:

• provide the Service;
• synchronize information;
• maintain and secure the Service;
• perform functionality you request; and
• comply with law.

Our handling of personal information is governed by our Privacy Policy and applicable law.

This license ends when the information is deleted from our systems, except to the extent temporary retention is permitted or required by law, necessary for backups, or information has been validly de-identified.

8. FoodDB and Catalog Contributions

CholesTrack includes a shared food-information database known as FoodDB.

You may have the option to contribute product and nutrition information to FoodDB ("Catalog Contributions").

Catalog Contributions may include factual information such as:

• product names;
• brand names;
• UPCs or barcodes;
• serving sizes;
• calories;
• nutrient values;
• ingredient information;
• other factual product information; and
• information extracted from a product or nutrition-label photograph.

You represent that you will not intentionally submit false, fraudulent, unlawful, or malicious information.

De-Identified Factual Contributions

If factual catalog information is separated from your identity and is no longer reasonably linkable to you, you grant Peakline a perpetual, worldwide, transferable, sublicensable, royalty-free license to use, reproduce, modify, organize, combine, distribute, display, make available, and commercially license that de-identified factual catalog information as part of FoodDB or related products and services.

Once a factual contribution has been validly de-identified and incorporated into the catalog, it may no longer be possible to associate that information with you or remove it in response to an account-deletion request.

Submitted Photographs

If you submit a product or nutrition-label photograph, you grant Peakline a non-exclusive license to host, reproduce, process, analyze, and permit authorized personnel and service providers to review the image for purposes of providing the requested feature, extracting information, reviewing a catalog submission, preventing abuse, and improving or maintaining FoodDB.

Peakline does not obtain ownership of your original photograph merely because you upload it.

Original photographs will be handled according to our Privacy Policy and applicable retention requirements.

Rights of Others

Do not submit content when doing so would violate another person's privacy, intellectual-property rights, contractual rights, or applicable law.

9. "Verified" Catalog Information

CholesTrack may identify certain FoodDB entries as "Verified" or use similar terminology.

Unless expressly stated otherwise, "Verified" means that Peakline has performed an internal review of the catalog entry against source information reasonably available at the time of review.

"Verified" does not mean guaranteed, medically verified, independently laboratory tested, endorsed by a manufacturer, approved by a healthcare professional, or guaranteed to remain current.

Manufacturers and restaurants may change ingredients, recipes, serving sizes, and nutrition information without notifying Peakline.

You should check the original source when accuracy is important.

10. Intellectual Property

Except for user content and third-party material, the Service and its software, interfaces, designs, graphics, compilation, database structure, Health Score methodology, text, logos, and other materials are owned by Peakline or its licensors and are protected by applicable intellectual-property laws.

CholesTrack and related branding are trademarks of Peakline Innovations LLC.

No ownership rights are transferred to you under these Terms.

Subject to these Terms, Peakline grants you a limited, revocable, non-exclusive, non-transferable license to use the App on Apple-branded products that you own or control, as permitted by applicable Apple usage rules, for personal and non-commercial purposes.

11. Restrictions and Acceptable Use

You may not:

• access another person's account without authorization;
• interfere with or attempt to defeat authentication, security, rate limits, or access controls;
• introduce malicious code;
• intentionally submit inaccurate or malicious catalog information;
• reverse engineer or attempt to derive source code except where such restriction is prohibited by applicable law;
• scrape, crawl, harvest, systematically download, or bulk extract FoodDB or other Service data without our written permission;
• use automated systems to access the Service except through interfaces expressly provided by us;
• use the Service to develop, populate, train, or materially replicate a competing nutrition database or service through unauthorized extraction of our database;
• infringe intellectual-property, privacy, contractual, or other legal rights;
• use the Service unlawfully;
• misrepresent your relationship with Peakline; or
• use CholesTrack as a substitute for professional medical judgment in providing healthcare or clinical services to another person.

We may investigate suspected violations and restrict or terminate access where appropriate.

12. Feedback

If you voluntarily provide suggestions, ideas, or feedback about CholesTrack, you grant Peakline a perpetual, worldwide, royalty-free right to use that feedback without compensation or obligation to you.

This does not give us rights to your personal health information merely because it accompanies a support request.

13. Privacy

Our Privacy Policy describes how Peakline handles personal information.

Consumer health information may receive additional rights and protections under applicable state or provincial law. Where applicable, our separate Consumer Health Data Privacy Policy also applies.

Privacy rights provided by law are not waived by these Terms.

14. Third-Party Services

The Service may interact with third-party services such as Apple Health, Sign in with Apple, Sign in with Google, Apple speech recognition, and the Apple App Store.

Your use of independent third-party services may also be governed by their terms and privacy practices.

Peakline is not responsible for the independent acts, omissions, content, availability, or policies of third parties except to the extent applicable law provides otherwise.

15. Beta and Test Features

We may make beta, TestFlight, experimental, or preview functionality available.

Such functionality may be incomplete, contain errors, change materially, or be discontinued.

Data associated exclusively with a beta feature may be reset or removed where reasonably necessary for testing, provided that our handling of personal information remains subject to our Privacy Policy and applicable law.

Do not use beta functionality for critical health or medical decisions.

16. Suspension, Termination, and Account Deletion

You may stop using the Service at any time and may delete your account through the App.

We may suspend or terminate access if:

• you materially violate these Terms;
• use of the account creates a security or legal risk;
• we reasonably believe the account is being used fraudulently;
• we are required to do so by law; or
• the Service is discontinued.

Where reasonable under the circumstances, we may provide notice before termination.

Termination does not eliminate obligations or rights that by their nature should survive, including intellectual-property provisions, applicable Catalog Contribution licenses, warranty disclaimers, limitations of liability, dispute provisions, and accrued payment obligations.

17. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

PEAKLINE DISCLAIMS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, TO THE EXTENT SUCH WARRANTIES MAY LAWFULLY BE DISCLAIMED.

WE DO NOT WARRANT THAT:

• THE SERVICE WILL ALWAYS BE AVAILABLE, SECURE, OR ERROR-FREE;
• DEFECTS WILL ALWAYS BE CORRECTED;
• NUTRITION INFORMATION WILL BE COMPLETE OR ACCURATE;
• AUTOMATED OR AI-GENERATED INFORMATION WILL BE ACCURATE;
• A NUTRIENT TARGET OR HEALTH SCORE IS APPROPRIATE FOR YOUR INDIVIDUAL MEDICAL NEEDS; OR
• USE OF CHOLESTRACK WILL PREVENT, TREAT, LOWER, CURE, OR IMPROVE ANY DISEASE OR MEDICAL CONDITION.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS. TO THAT EXTENT, THESE EXCLUSIONS WILL APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

18. Assumption of Responsibility

You are responsible for decisions you make concerning your diet, healthcare, medications, and medical treatment.

You acknowledge that CholesTrack is an informational tool and that nutrition information, estimates, Health Scores, automated outputs, and catalog information may contain errors.

Where a decision could materially affect your health, you agree not to rely solely on CholesTrack and to seek appropriate professional guidance.

Nothing in this section limits a legal right or remedy that applicable law does not permit you to waive.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PEAKLINE AND ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITY, OR GOODWILL, ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS.

THIS INCLUDES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLAIMS ARISING FROM RELIANCE ON NUTRITION INFORMATION, AUTOMATED RESULTS, HEALTH SCORES, TARGETS, CATALOG INFORMATION, OR OTHER INFORMATION PROVIDED THROUGH THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PEAKLINE'S AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

1. THE AMOUNT YOU PAID FOR CHOLESTRACK DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
2. FIFTY U.S. DOLLARS (US $50).

THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, AND THEY DO NOT WAIVE ANY NONWAIVABLE CONSUMER, PRIVACY, MEDICAL-INFORMATION, OR OTHER STATUTORY RIGHT.

20. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Peakline and its members, officers, employees, and contractors from third-party claims, liabilities, damages, and reasonable costs arising from:

• content you unlawfully submit;
• your intentional misuse of the Service;
• your material violation of these Terms; or
• your infringement of another person's rights.

This provision does not require you to indemnify Peakline for Peakline's own negligence, unlawful conduct, or violation of rights that applicable law does not permit to be waived.

21. Governing Law and Disputes

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles, except to the extent mandatory law of your jurisdiction provides otherwise.

Before initiating a lawsuit concerning these Terms, you and Peakline agree to make a good-faith effort to resolve the dispute informally.

You may begin that process by emailing support@cholestrack.com with a description of the dispute.

Peakline will have up to 30 days after receiving sufficient information about the dispute to attempt informal resolution.

Subject to any nonwaivable right to bring a claim elsewhere, legal proceedings arising from these Terms will be brought in an appropriate state or federal court located in Riverside County, California.

Nothing in this section prevents either party from seeking appropriate emergency or injunctive relief where legally available or from pursuing a claim through a small-claims court having jurisdiction.

Nothing in these Terms limits any statutory limitation period where applicable law prohibits contractual modification of that period.

22. Apple App Store Terms

If you obtained the App through Apple's App Store, the following provisions apply.

These Terms are between you and Peakline, not Apple. Peakline, not Apple, is responsible for the App and its content.

The license granted to you is limited to a non-transferable license to use the App on Apple-branded products that you own or control and as permitted by applicable Apple usage rules, including permitted access by other accounts where Apple's rules require it.

Peakline, not Apple, is responsible for maintenance and support for CholesTrack except to the extent applicable law or Apple's terms provide otherwise.

If the App fails to conform to an applicable warranty that cannot legally be disclaimed, you may notify Apple, and Apple may refund any applicable purchase price as provided under Apple's terms. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.

Peakline, not Apple, is responsible for addressing claims relating to the App, including product-liability claims, claims concerning failure to conform to applicable legal or regulatory requirements, and consumer-protection or similar claims.

Peakline, not Apple, is responsible for investigating, defending, settling, and discharging claims alleging that the App infringes a third party's intellectual-property rights.

You represent that you are not located in a country or region subject to a United States government embargo or designated by the United States government as supporting terrorism and that you are not listed on a United States government list of prohibited or restricted parties.

You must comply with applicable third-party agreements when using the App.

Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and may enforce applicable provisions of these Terms against you.

23. Changes to the Service or Terms

We may modify the Service from time to time.

We may also update these Terms to reflect changes to the Service, law, technology, or our practices.

When we update the Terms, we will revise the "Last Updated" date.

For material changes, we will provide reasonable notice where required and may require you to affirmatively accept revised Terms before continuing to use some or all of the Service.

Changes will not retroactively eliminate rights that applicable law does not permit us to eliminate.

24. General Provisions

These Terms, together with policies incorporated by reference, constitute the agreement between you and Peakline concerning the Service.

If any provision is determined to be unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain effective.

Failure to enforce a provision does not waive the right to enforce it later.

You may not assign your rights under these Terms without our consent. Peakline may assign these Terms in connection with a merger, acquisition, corporate reorganization, financing, or sale of all or substantially all relevant assets, subject to applicable law.

We are not responsible for delay or failure caused by circumstances beyond our reasonable control.

Headings are provided for convenience and do not control interpretation.

Electronic notices and records may satisfy writing requirements to the extent permitted by applicable law.

25. Contact Information

Questions, complaints, or claims concerning CholesTrack may be directed to:

Peakline Innovations LLC

Email: support@cholestrack.com

If these Terms are submitted to Apple as CholesTrack's custom end-user license agreement, the address and telephone number above must be completed before submission.