Terms of Service

1. Introduction & Scope

Welcome to SUMMITS Inc. ("SUMMITS," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, mobile applications, and related services (collectively, the "Services"). By accessing or using our Services, you agree to these Terms.

Most users of SUMMITS connect fitness or nutrition data during onboarding, which enables us to deliver personalized meal recommendations, goal tracking, and health insights. The type and amount of data we store depend on the permissions and integrations you choose to enable.

These Terms apply to all individuals using SUMMITS Services, including customers, registered account holders, and integration users.

2. Data Collection & Privacy

Your privacy is central to our mission. Please review our Privacy Policy for full details on how we collect, use, and protect your information.

Information We Collect

Depending on your permissions and integrations, we may collect and store the following categories of data:

Core Service Data: Information required to process and fulfill orders, such as name, contact details, delivery address, and payment information (processed securely via Stripe).

Account Data: Information used to create and maintain your SUMMITS account, including email, phone number, order history, and reward tracking.

Personalization & Integration Data: Optional information that enables SUMMITS to personalize your experience — including biometrics, macronutrient goals, activity levels, biometric data, and information shared from connected third-party services (e.g., Fitbit, Apple Health, or other fitness apps).

Usage & Technical Data: Device identifiers, interaction data, and app performance metrics used for analytics, personalization, and system improvement.

Data Retention & Control

We retain user data for up to two (2) years of inactivity, unless you submit a verified request to delete your account or revoke consent for specific data processing. Transactional and compliance-related information (e.g., payment and consent logs) may be retained for a minimum of five (5) years or as required by law.

You can modify or revoke permissions at any time through your account settings. When permissions are reduced or removed, SUMMITS will adjust data collection and storage accordingly.

3. Consent & Agreement

By using our Services, you consent to these Terms and our data practices as outlined in the Privacy Policy.

Initial Consent: During onboarding, users are prompted to review and accept these Terms and the Privacy Policy.

Integration Consent: Connecting third-party apps or enabling personalization features constitutes explicit consent for data sharing from those sources.

Consent Management: You can withdraw or modify consent at any time through your settings or by contacting [email protected]. Withdrawal of consent may limit access to certain features. Consent records are securely stored for compliance and audit purposes.

4. Payment Processing

All payments are securely processed through Stripe, a third-party payment processor. SUMMITS Inc. does not directly store or handle your payment information. By completing a purchase, you also agree to Stripe's Terms of Service and Privacy Policy.

Refund Policy: Orders become final once preparation begins. Refunds are issued only for errors made by SUMMITS Inc. (e.g., incorrect or missing items) and must be requested within 24 hours of receipt.

Cancellation Policy: Orders may be canceled prior to preparation. Once preparation starts, cancellations are no longer possible.

5. User Responsibilities

By using our Services, you agree to:

• Be at least 18 years old, or the legal age of majority in your jurisdiction.
• Provide accurate and up-to-date information.
• Maintain the confidentiality of your login credentials and immediately notify us of any unauthorized access.
• Use the Services only for lawful purposes and refrain from fraudulent, abusive, or disruptive conduct, including unauthorized data scraping or reverse engineering.

Any violation of these responsibilities may result in suspension or termination of your account and access to the Services.

6. Intellectual Property

All content, software, algorithms, designs, trademarks, and other intellectual property associated with SUMMITS Inc. are the exclusive property of SUMMITS Inc. or its licensors. You may not reproduce, modify, distribute, or create derivative works from any portion of the Services without prior written consent.

User-created content such as custom meal combinations or configuration preferences remain associated with your account for convenience but do not convey ownership rights in SUMMITS intellectual property.

7. Disclaimers & Limitation of Liability

General Wellness Disclaimer

SUMMITS provides nutritional and wellness information for general guidance only. We are not a licensed healthcare provider, and our recommendations should not be considered medical advice. Always consult a qualified healthcare professional before making significant changes to your diet or exercise regimen.

Personalization Features

Recommendations and analytics are generated based on your provided data and integrations. They are designed for general wellness purposes and may not account for specific health conditions or needs.

Third-Party Integrations

We may integrate with third-party platforms like Fitbit or Apple Health. SUMMITS Inc. is not responsible for the accuracy, reliability, or security practices of third-party services.

Limitation of Liability

To the fullest extent permitted by law, SUMMITS Inc., its officers, employees, and affiliates shall not be liable for indirect, incidental, consequential, or special damages—including loss of profits, data, or health outcomes—arising from or related to your use of the Services.

Indemnification

You agree to indemnify and hold harmless SUMMITS Inc. and its affiliates from any claims, damages, or expenses (including attorney's fees) resulting from your misuse of the Services, violation of these Terms, or reliance on data or recommendations provided.

8. Modifications

We may update these Terms periodically. Material changes will be communicated via email or app notifications. Updates take effect immediately upon posting unless otherwise specified. Continued use of the Services indicates acceptance of the revised Terms.

9. Dispute Resolution & Governing Law

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules. The arbitration shall take place in Santa Ana, California, and the arbitrator's decision shall be final and binding on all parties.

These Terms and any dispute related thereto shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflict-of-law rules.

10. Contact Us

If you have questions about these Terms, please contact:

Email: [email protected]
Address: SUMMITS Inc., Santa Ana, California, USA