Terms & Conditions

1. Acceptance of Terms and White Label Disclosure

1.1 Agreement to Terms

These Terms constitute a legally binding agreement between you and Breez AI. If you access the Services through a mobile application, website, or other digital interface operated by a third-party grocery retailer (a “Retailer”), these Terms apply to your use of the Breez AI Services embedded within or accessible through that Retailer’s platform, in addition to any terms imposed by the Retailer with respect to the Retailer’s own platform.

1.2 White Label Disclosure

The Services may be presented to you under a Retailer’s brand name or under a separate brand name rather than the Breez AI brand. Regardless of the branding or visual presentation under which the Services appear, Breez AI Corporation is the provider of the underlying AI-powered meal planning, recipe, and nutrition technology. Breez AI is a separate and independent company from any Retailer through whose platform you access the Services. By accepting these Terms, you acknowledge that you understand and accept this relationship.

1.3 Updates to Terms

Breez AI may update these Terms from time to time. When Breez AI makes material changes, it will update the effective date at the top of the document and, where practicable, provide notice through the Services or by email. Your continued use of the Services after the effective date of any updated Terms constitutes your acceptance of the updated Terms. If you do not agree to updated Terms, you must stop using the Services. Breez AI conducts a scheduled review of these Terms on a quarterly basis; the next scheduled review date is noted at the top of this document.

2. Description of Services

Breez AI provides an AI-powered platform that offers personalized meal planning, recipe suggestions, nutritional analysis, and calorie tracking functionality. The Services use artificial intelligence and machine learning systems as a core and integral component of their operation to generate recommendations, analyze nutritional content, personalize user experiences, and improve over time. The following features may be included in the Services depending on your account configuration and the scope of Services made available through your Retailer’s platform:

AI-generated personalized meal plans based on dietary preferences, health metrics, goals, allergen data, and other user-provided inputs;
Recipe suggestions and discovery features powered by machine learning models;
Nutritional analysis and calorie tracking tools that estimate macronutrient and micronutrient content of meals and recipes;
Integration with connected wearable devices and third-party health applications, where enabled;
Integration with Retailer purchase history and grocery data to enhance personalization;
User account and profile management features; and
Recurring personalized email communications, presented under the Retailer’s brand, which you may receive without holding a Breez AI account.

The specific features and functionality available to any user may vary depending on the user’s account type, the Retailer through whose platform the Services are accessed, geographic location, and other factors. Breez AI reserves the right to modify, add, or remove features of the Services at any time.

3. Not Medical Advice — Mandatory Acknowledgment

THIS SECTION IS MATERIAL AND FORMS AN ESSENTIAL PART OF YOUR AGREEMENT WITH BREEZ AI. BY USING THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO THE FOLLOWING:

The Services are provided for general informational and convenience purposes only. Breez AI is not a healthcare provider, dietitian, nutritionist, or licensed medical professional, and the Services do not constitute the practice of medicine, dietetics, or any other licensed healthcare profession.

Meal plans, recipe suggestions, nutritional analyses, calorie estimates, macronutrient calculations, dietary recommendations, and all other outputs generated by the Services — including those produced by artificial intelligence and machine learning systems — are not medical advice. They are not a substitute for the advice, diagnosis, or treatment of a qualified physician, registered dietitian, licensed nutritionist, or other healthcare professional.

You should not rely on any output from the Services as the basis for any medical, dietary, or health-related decision. If you have a medical condition, food allergy, metabolic disorder, or other health concern — or if you are pregnant, nursing, taking prescription medications, or recovering from an illness or surgery — you should consult a qualified healthcare provider before making any change to your diet based on content delivered through the Services.

Breez AI expressly disclaims all responsibility for any health-related consequences arising from reliance on the Services as medical or dietary advice.

4. Health Data Consent

4.1 Voluntary Provision of Health Data

If you choose to share health-related or dietary information with us, Breez AI can use it to personalize your experience. This may include information such as height, weight, body mass index, age, biological sex, calorie targets, macronutrient targets, food allergies and intolerances, religious or cultural dietary practices, dietary preferences and restrictions, health and fitness goals, and data from connected wearable devices or health applications. You are never required to provide this information, but the more context you share, the more personalized and useful the Services can be for you. If you tell us nothing, we can still provide general meal plans and recipe suggestions; we just cannot tailor them to your specific needs.

4.2 Explicit Consent to Sensitive Health and Dietary Data Collection

By using the Services and providing health and dietary data as described above, you expressly consent to Breez AI’s collection and processing of that data for the purposes described in these Terms and in Breez AI’s Privacy Policy. You acknowledge that certain categories of this data — including data that may reveal or allow inference of your religious affiliation, medical conditions, or physical or mental health status — constitute sensitive personal data and are subject to heightened protections under applicable law and under Breez AI’s Privacy Policy.

4.3 Accuracy of Health Data

You represent that health and dietary data you provide to the Services is accurate to the best of your knowledge. Breez AI relies on user-provided data to generate personalized outputs and bears no responsibility for recommendations generated on the basis of inaccurate, incomplete, or misleading information you provide.

4.4 No Medical Record

The Services are not a medical records platform, and data stored within the Services does not constitute or substitute for a medical record. You should maintain independent records of health information with your healthcare providers.

5. AI Services Consent

5.1 AI as a Core Service Component

You acknowledge and agree that artificial intelligence and machine learning systems are a baseline and mandatory component of the Services. Personalized meal plans, recipe suggestions, nutritional analyses, and related outputs are generated by AI models. AI-generated outputs may reflect probabilities, predictions, and patterns derived from large datasets, and such outputs may not be accurate, complete, or appropriate for your specific circumstances in every instance. See Section 9 (Accuracy Disclaimer).

5.2 Consent to AI Model Training

By using the Services, you acknowledge that Breez AI may use data derived from your interactions with the Services, including dietary preferences, recipe ratings, meal plan selections, and feedback, to train, validate, refine, and improve Breez AI’s AI and machine learning models. Where required by applicable law, Breez AI will seek your explicit consent before using Sensitive Personal Data (as defined in Breez AI’s Privacy Policy) for AI model training purposes. You may have the right to opt out of certain uses of your data for model training; to exercise that right, follow the procedures described in Breez AI’s Privacy Policy.

5.3 No Autonomous Medical Decision-Making

Breez AI’s AI systems are not designed or intended to make autonomous decisions about your medical care, diagnosis, or treatment. Any output that could be interpreted as health-related is informational only and is subject to the disclaimers in Section 3 of these Terms.

6. Retailer Integration Terms

6.1 Nature of the Retailer Relationship

Where you access the Services through a Retailer’s application or website, Breez AI, the Retailer, and the Retailer’s contracted loyalty program provider may exchange data about you in connection with providing the integrated service experience. These three parties operate as an integrated network: the Retailer provides the grocery platform and purchase context; the loyalty program provider manages rewards and member engagement; and Breez AI provides the meal planning and nutrition intelligence. The specific scope of data exchange is described in Breez AI’s Privacy Policy (Section 10 — Retailer and Partner Integration) and is governed by written agreements among the parties.

6.2 Consent to Data Sharing with Retailer and Loyalty Program Provider

By using the Services through a Retailer’s platform, you consent to Breez AI’s receipt of data from the Retailer and the Retailer’s loyalty program provider — including grocery purchase history, loyalty program membership data, reward balances, and account identifiers — and to Breez AI’s sharing of your Services usage data, meal plan activity, dietary preferences, and related information back to the Retailer and the loyalty program provider, in each case for the purpose of enabling and personalizing the integrated service experience. The Retailer’s and loyalty program provider’s use of data they receive from Breez AI is governed by their own privacy policies and terms.

6.3 Retailer Terms

Your use of a Retailer’s application or website is also governed by that Retailer’s terms of service and privacy policy, which are separate from these Terms. Breez AI is not responsible for any Retailer’s terms, policies, or conduct.

6.4 Service Availability Through Retailers

Breez AI may make the Services available through a Retailer’s platform pursuant to a commercial agreement between Breez AI and the Retailer. If that commercial relationship is modified or terminated, the availability of the Services through that Retailer’s platform may change or cease. Breez AI will use reasonable efforts to provide advance notice of any material changes to Service availability, but cannot guarantee continuity of access through any particular Retailer’s platform.

7. Email and Other Outbound Communications

7.1 Communications You May Receive

Breez AI may send you email or other electronic communications relating to the Services, including:

Transactional and service communications, such as account confirmations, security notices, responses to your inquiries, and notices required by law or by these Terms; and
Personalised marketing communications, including recurring emails containing recipe suggestions, meal plan ideas, grocery offers, coupons, loyalty rewards information, and product recommendations.

Personalised marketing communications may be sent on a recurring basis, for example weekly.

7.2 How You May Come to Receive Marketing Communications

You may receive personalised marketing communications from Breez AI in either of two ways:

Direct enrollment. You provided your email address to Breez AI and consented to receive marketing communications.
Retailer loyalty program enrollment. You enrolled in a grocery Retailer’s loyalty program and, in connection with that enrollment, consented to receive marketing communications about products, offers, and services related to that program. Where a Retailer has engaged Breez AI to provide personalized recipes and offer communications as part of that program, Breez AI may send those communications to you on the Retailer’s behalf, relying on the consent you gave to the Retailer or its loyalty program provider.

You may receive communications without having created a Breez AI account and without having used the Breez AI application. Breez AI receives your email address and your marketing consent status from the Retailer or its contracted loyalty program provider. Breez AI does not purchase, rent, or otherwise acquire email addresses from data brokers or third-party list vendors.

7.3 Sender Identity and Branding

Personalised marketing communications are sent using email infrastructure and a sending domain controlled by Breez AI, and may be presented under the Retailer’s brand name consistent with the white-label disclosure in Section 1.2. Every such communication identifies Breez AI as the sender or as sending on the Retailer’s behalf, and includes a valid physical postal address as required by applicable law.

7.4 Personalisation and Content

Personalised marketing communications may be generated using the data described in Breez AI’s Privacy Policy, including grocery purchase history received from the Retailer, purchase patterns, dietary preferences, and AI-Generated Inferences. Recipe suggestions and offers contained in these communications are produced by AI and machine learning systems and are subject to the accuracy disclaimer in Section 8 and the medical advice disclaimer in Section 3. In particular, nothing contained in any Breez AI communication constitutes medical or dietary advice, and offers, coupons, and product recommendations are not representations that any product is suitable for your health condition, allergy, or dietary requirement.

7.5 Withdrawing Consent and Unsubscribing

Every personalised marketing communication from Breez AI contains a functioning unsubscribe link. Using that link withdraws your consent to receive further marketing communications from Breez AI and takes effect promptly, and in any event within the period required by applicable law. No account, login, or password is required to unsubscribe.

Unsubscribing from Breez AI marketing communications:

Does stop further personalised marketing communications from Breez AI;
Does not by itself cancel your Retailer loyalty program membership, nor stop communications sent independently by the Retailer or its loyalty program provider, which must be managed with those parties directly;
Does not stop transactional or service communications that Breez AI is required or permitted to send.

You may also contact Breez AI using the details in Section 14 to withdraw consent or to ask what data Breez AI holds about you.

7.6 Offer Validity

Coupons, offers, and loyalty rewards presented in Breez AI communications originate with the Retailer or its loyalty program provider and are subject to their terms, availability, and expiry. Breez AI does not issue, honour, or guarantee any offer, and product availability and pricing shown may change or be inaccurate at the time you shop.

7.7 Accuracy of Contact Information

Breez AI relies on contact information supplied by you or by the Retailer or its loyalty program provider. Where a communication is undeliverable, Breez AI suppresses further sending to that address.

7.8 Anti-Spam Commitment

Anti-Spam. We will not send, or to knowingly assist others in sending, unsolicited bulk or commercial messages, chain letters, or communications that violate applicable anti-spam laws, including the CAN-SPAM Act and the Telephone Consumer Protection Act (TCPA), or the acceptable-use policies of any recipient’s email, messaging, or telecom provider.

8. User-Generated Content

8.1 Definition

“User-Generated Content” means any content, data, or material that you submit, upload, post, or otherwise provide through the Services, including dietary preferences, health goals, custom meal plan configurations, recipe ratings, reviews, feedback, comments, and other inputs.

8.2 License to Breez AI

By submitting User-Generated Content through the Services, you grant Breez AI a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, process, adapt, publish, and display your User-Generated Content for the purpose of operating, improving, and providing the Services, including for purposes of AI model training as described in Section 5.2. This license is subject to the terms of Breez AI’s Privacy Policy with respect to Personal Data included in User-Generated Content.

8.3 Your Representations Regarding User-Generated Content

You represent and warrant that (a) you have the right to submit any User-Generated Content you provide through the Services; (b) your User-Generated Content does not violate the rights of any third party; and (c) your User-Generated Content does not contain false, misleading, or fraudulent information about your health status that could cause harm to you or others.

8.4 No Obligation to Retain

Breez AI is not obligated to retain, display, or act upon any User-Generated Content and may remove or modify User-Generated Content in its discretion, subject to applicable law and its Privacy Policy.

9. Accuracy Disclaimer

9.1 AI-Generated Outputs

Meal plans, recipe suggestions, calorie estimates, macronutrient calculations, nutritional analyses, and other outputs generated by Breez AI’s AI and machine learning systems are produced through statistical modeling and pattern recognition processes. These outputs may contain errors, omissions, or inaccuracies. Nutritional content estimates are approximations based on available data and may not precisely reflect the nutritional content of specific products, preparation methods, or ingredient variations.

9.2 Third-Party Data

The Services may incorporate nutritional data, product information, ingredient data, and other content obtained from third-party databases, food manufacturers, or Retailers. Breez AI does not independently verify all such third-party data and makes no warranty as to its accuracy or completeness.

9.3 No Warranty of Fitness

AI-generated meal plans and recipe suggestions are designed to be generally consistent with user-provided preferences and goals, but Breez AI does not warrant that any meal plan, recipe, or nutritional recommendation is suitable for your specific health condition, medical history, or individual circumstances. See Section 3 (Not Medical Advice).

9.4 User Responsibility

You are responsible for independently verifying the accuracy of nutritional information, ingredient lists, and allergen data before consuming any meal or product identified through the Services, particularly if you have a food allergy, intolerance, or medical condition that requires strict dietary compliance.

10. Intellectual Property

10.1 Ownership of Platform and Technology

Breez AI owns or holds licenses to all right, title, and interest in and to the Services, including all software, source code, artificial intelligence models, machine learning algorithms, training data (excluding identifiable personal data subject to applicable privacy law), proprietary datasets, platform architecture, user interface designs, and related intellectual property (collectively, the “Breez AI Technology”). This ownership is not affected by the white-label branding or presentation of the Services under a Retailer’s name or a third-party brand name. A Retailer’s use of Breez AI’s Technology under a white-label arrangement does not transfer any ownership of that Technology to the Retailer or to any user.

10.2 Retailer-Provided Branding

Where the Services are presented under a Retailer’s brand, the Retailer’s trademarks, trade names, logos, and other brand elements remain the property of the Retailer. Breez AI does not claim ownership of Retailer branding. Similarly, any Retailer-specific content or data provided to Breez AI by the Retailer remains the property of the Retailer, subject to the terms of the agreement between Breez AI and the Retailer.

10.3 Limited License to Users

Subject to your compliance with these Terms, Breez AI grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes. You may not copy, modify, distribute, sell, sublicense, reverse engineer, or create derivative works from the Services or any Breez AI Technology without Breez AI’s prior written consent.

10.4 Feedback

If you provide Breez AI with feedback, suggestions, or ideas regarding the Services, you grant Breez AI the right to use such feedback without restriction and without any obligation of compensation or attribution.

11. Privacy and Data Consent — Cross Reference

Your use of the Services is subject to Breez AI’s Privacy Policy, available at https://www.mybreezai.com/privacy/, which is incorporated into these Terms by reference. The Privacy Policy describes in detail how Breez AI collects, uses, shares, and protects Personal Data, including Sensitive Personal Data related to health, dietary practices, and religious or cultural affiliations. By accepting these Terms, you also acknowledge that you have read and understood Breez AI’s Privacy Policy.

12. Disclaimers

12.1 No Medical Advice

As stated in Section 3, the Services do not constitute medical advice. Breez AI disclaims all responsibility for health-related consequences arising from reliance on Services outputs as medical, dietary, or nutritional guidance.

12.2 AI Errors and Limitations

Breez AI disclaims all warranties regarding the accuracy, completeness, timeliness, or fitness for a particular purpose of AI-generated meal plans, recipe suggestions, nutritional analyses, calorie estimates, or other outputs. Artificial intelligence and machine learning systems are subject to inherent limitations, including the potential for errors, biases, and outputs that may not be appropriate for individual circumstances. Breez AI does not warrant that AI-generated outputs will be free from error.

12.3 Third-Party Content

The Services may incorporate or link to content, products, services, or information provided by third parties, including Retailers, food database providers, and health information sources. Breez AI disclaims all warranties with respect to the accuracy, completeness, safety, or reliability of third-party content.

12.4 Service Availability

Breez AI does not warrant that the Services will be available without interruption, error-free, or free from security vulnerabilities. Breez AI may modify, suspend, or discontinue the Services at any time.

12.5 General Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BREEZ AI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, INCLUDING DAMAGES FOR PERSONAL INJURY OR HEALTH-RELATED CONSEQUENCES, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF BREEZ AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BREEZ AI’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO BREEZ AI FOR THE SERVICES DURING THE TWELVE-MONTH PERIOD PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR FOR FRAUD.

14. Dispute Resolution

14.1 Agreement to Arbitrate

Except for claims that may be brought in small claims court and except as set forth in Section 14.4, you and Breez AI agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services — including any question of arbitrability — shall be resolved by binding individual arbitration administered by JAMS under its then-current applicable rules. The arbitration shall be conducted in Tampa, Florida or, if you prefer, by telephone or video conference. The arbitrator shall have authority to award the same damages and relief that a court could award, subject to the limitations of liability in these Terms.

14.2 Class Action Waiver

YOU AND BREEZ AI EACH WAIVE THE RIGHT TO PURSUE ANY DISPUTE AS A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION, OR TO PARTICIPATE AS A CLASS MEMBER IN ANY SUCH ACTION BROUGHT BY ANOTHER PARTY. ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY.

14.3 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to Breez AI at Breez AI Corporation, 9225 Bay Plaza Blvd, Suite 417 (1173), Tampa, FL 33619 within 60 days of first accepting these Terms. Your notice must include your name, account information, and a clear statement that you are opting out of the arbitration agreement.

14.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

15. Governing Law

These Terms and any dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles, except to the extent that applicable federal law preempts state law. Nothing in this section limits the application of mandatory consumer protection laws in the user’s jurisdiction of residence that cannot be contractually waived.

16. General Provisions

16.1 Entire Agreement

These Terms, together with Breez AI’s Privacy Policy and any additional terms applicable to specific features of the Services, constitute the entire agreement between you and Breez AI with respect to the Services and supersede all prior agreements, representations, and understandings.

16.2 Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or, if modification is not possible, severed from these Terms, and the remaining provisions shall continue in full force and effect.

16.3 Waiver

Breez AI’s failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any breach or default shall not constitute a waiver of any subsequent breach or default.

16.4 Assignment

You may not assign or transfer any rights or obligations under these Terms without Breez AI’s prior written consent. Breez AI may assign these Terms, in whole or in part, in connection with a merger, acquisition, reorganization, or sale of assets, provided that the assignee assumes Breez AI’s obligations under these Terms.

16.5 Force Majeure

Breez AI shall not be liable for any failure or delay in performing its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond its reasonable control, including acts of God, natural disasters, pandemic or epidemic events, civil unrest, governmental actions, or failure of third-party infrastructure.

16.6 Headings

Section headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

16.7 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights. Nothing in these Terms shall be construed to give any person or entity other than you and Breez AI any right, remedy, or claim under or in respect of these Terms, except as may be expressly provided in any agreement between Breez AI and a Retailer with respect to that Retailer’s rights.

17. Contact Us

For questions about these Terms or the Services, contact:

Breez AI Corporation
Attn: Legal
9225 Bay Plaza Blvd, Suite 417 (1173)
Tampa, FL 33619
Email: [email protected]
Website: https://www.mybreezai.com