Terms of Use

Welcome to Maestro Nutrition. Maestro Nutrition LLC (“Maestro Nutrition,” “we,” “us”) provides subscription-based software that helps health and nutrition practitioners collect patient survey responses, organize lab data, and review nutritional support options. Maestro is a practitioner-support tool. It does not treat patients, provide medical or nutritional advice to patients, or make clinical decisions.

These Terms of Use (“Terms”) are a contract between Maestro Nutrition and the practice or individual that subscribes (“Subscriber,” “you”). They govern your access to and use of the Maestro Nutrition website (the “Site”) and the Maestro Nutrition software, including the practitioner application and the Patient Portal (together, the “Service” or “Platform”). Please read them carefully before using the Site or Service.

Patients and clients. In these Terms, “patient” means any individual whose information you enter into the Service, whether your practice calls them a patient, a client, or something else. Our use of the word “patient” does not mean that you provide medical care or hold a license.

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE YOU TO RESOLVE DISPUTES WITH MAESTRO NUTRITION ON AN INDIVIDUAL BASIS. SEE SECTION 16 FOR DETAILS. BY ACCEPTING THESE TERMS, YOU AGREE THAT DISPUTES BETWEEN YOU AND MAESTRO NUTRITION WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. Acceptance of Terms

These Terms govern your use of the Service. By creating an account, checking the acceptance box, or using the Service, you accept these Terms. If you are accepting on behalf of a practice or other business, you represent that you have authority to bind it, and “you” refers to that practice. If you do not agree to these Terms, do not use the Service.

2. Changes to These Terms

We may change these Terms, the Privacy Policy, or the Business Associate Agreement from time to time. Changes take effect when posted for new users. For existing Subscribers, changes take effect 30 days after we post them or notify you, unless we state otherwise. We may ask you to accept updated Terms before continuing to use the Service. Continued use after the effective date means you accept the changes.

3. Privacy and Business Associate Agreement

1. Privacy Policy. Our Privacy Policy, available at https://maestronutrition.com/privacy-policy/, is incorporated into these Terms. It explains how we handle personal information.
2. Business Associate Agreement. Use of the Service involves protected health information (“PHI”) about your patients. The Maestro Nutrition Business Associate Agreement (“BAA”), available at https://maestronutrition.com/baa, applies to all accounts and is incorporated into these Terms. You accept the BAA when you subscribe. If these Terms and the BAA conflict on the handling of PHI, the BAA controls.
3. Your data. As between you and Maestro Nutrition, you own the patient information and other content you enter into the Service (“Practice Data”). We use Practice Data only to provide, maintain, secure and support the Service, as permitted by the BAA and the Privacy Policy. We do not sell Practice Data.

4. Communications

By using the Service, you consent to receive electronic communications from us about your account. These include emails to the address you registered with, notices posted in the Service, payment authorizations, password and payment method changes, confirmations, and other transactional messages. You agree that electronic notices, agreements and disclosures satisfy any legal requirement that they be in writing. Please keep copies for your records.

We may also send newsletters, feature announcements, promotions and surveys. You can opt out of these marketing messages at any time using the unsubscribe link; you will still receive account-related messages.

5. Nature of the Service: A Practitioner-Support Tool

MAESTRO NUTRITION IS NOT A HEALTHCARE PROVIDER. THE SITE AND SERVICE DO NOT PROVIDE MEDICAL, NUTRITIONAL OR CLINICAL ADVICE, AND DO NOT DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.

1. Support for your judgment, not a substitute for it. The Service is software that organizes information to support a practitioner’s own professional judgment. It collects patient survey responses, analyzes survey and lab data against reference ranges, flags patterns, and presents nutritional support options for the practitioner to consider. Its outputs are informational and are not recommendations to any patient.
2. The practitioner decides. The Service does not preselect products or protocols, and its suggestions cannot be sent to a patient without your review. You decide which findings, products, doses and notes, if any, to include in anything you share with a patient. Every clinical, nutritional and supplement decision is yours alone.
3. No relationship with your patients. Maestro Nutrition does not have a provider-patient relationship with any of your patients and does not communicate with them about their health. All patient care, advice and communication take place between you and your patient.
4. Content sources. Product descriptions, cautions, indications and initial dosing shown in the Service come from manufacturers’ published materials. Reference ranges, survey content and interpretive notes are drawn from practitioner and industry sources. We work to keep this content accurate and current, but we do not independently verify manufacturer information and do not guarantee that any content is complete, current or suitable for a particular patient. You are responsible for verifying information before relying on it.
5. Not for emergencies. The Service is not designed for emergency or time-critical care and is not an electronic health record system.
6. FDA statement. Statements on the Site and in the Service have not been evaluated by the Food and Drug Administration. Products referenced in the Service are not intended to diagnose, treat, cure or prevent any disease.

6. Eligibility and Practitioner Responsibilities

1. Who may subscribe. The Service is for health and wellness professionals, such as nutritionists, dietitians, nurses, chiropractors, physicians, naturopaths and other practitioners, and for the practices that employ them. A professional license is not required to subscribe. You must be at least 18 years old and legally permitted, under the laws that apply to you, to provide the services for which you use Maestro.
2. Scope of practice. Laws on who may assess clients, give nutrition guidance, or recommend or sell supplements vary by state and country, and by license type. You are solely responsible for knowing and following the laws, regulations, licensing rules and professional standards that apply to you and your practice, and for staying within your lawful scope of practice. Maestro Nutrition does not verify credentials and makes no representation that your use of the Service is permitted where you practice.
3. Supplier accounts. The Service references certain professional supplement lines. If you obtain products from those companies, you are responsible for meeting their account and reseller requirements.
4. We may offer student accounts on separate terms disclosed at signup. Student accounts are for education only and may not be used to provide services to patients.
5. Our right to refuse or end service. We may decline or terminate any account at our discretion, including if we believe the Service is being used outside the law.

7. Membership, Free Trials, Billing, Cancellation and Data Retention

1. 1. Ongoing membership. Your membership, which may begin with a free trial, renews month to month or year to year until you cancel or we terminate it. You must have internet access and keep a current, valid payment method on file (“Payment Method”).
   2. We may offer different plans, including promotional plans with different conditions. Any materially different terms will be disclosed at signup or in other communications. Plan details are available on your account page. We may modify, add or discontinue plans.
2. Free trials. A free trial lasts 30 days unless stated otherwise at signup. Trials are for new and certain former Subscribers only, cannot be combined with other offers, and eligibility is at our discretion. We will notify you before your trial ends. If you do not continue to a paid plan, your access ends and your data is handled as described in Section 7.5.
3. 1. Recurring billing. By starting a paid membership, you authorize us to charge your Payment Method the membership fee at the then-current rate, plus any other charges you incur, at the start of each monthly or yearly billing cycle. Amounts may vary due to promotions or plan changes.
   2. Price changes. We may change prices at any time. Changes to your plan take effect at your next billing cycle after we give you at least [30] days’ email notice.
   3. Billing cycle. You are billed on the calendar day your paid membership began. If that day does not exist in a given month (for example, the 31st), we bill on the last day of that month. We may pre-authorize your Payment Method. Membership fees are earned when paid.
   4. No refunds. PAYMENTS ARE NONREFUNDABLE, AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. We may, at our sole discretion, provide refunds, discounts or credits in particular cases.
   5. Payment methods. You may update your Payment Method in your account or by contacting us. If a payment fails and you do not update your Payment Method or cancel, you remain responsible for unpaid amounts and we may continue to attempt the charge, which may change your billing date. Your card issuer may charge foreign transaction or other fees.
4. You may cancel at any time through the contact form on our website, or in the practitioner application under Setup > Subscriptions > Access Billing and Subscriptions. Your access continues through the end of your current billing period. After that, access to the Service, including your Practice Data, is paused.
5. Data access only while active. Your Practice Data, including patient records and PDF reports, is available only while your subscription is active. While a subscription is paused or canceled, you cannot view, download or print any Practice Data or reports, and we do not provide copies on request, except as the BAA or the law requires. Canceling does not delete your Practice Data: we continue to store and protect it under the BAA, and your access is restored if you reactivate.
   1. The Service does not offer a bulk export of Practice Data. While your subscription is active, reports for each patient visit can be downloaded as PDFs. You should download each visit’s reports and save them in your own records system as part of your regular practice, rather than relying on the Service as your only copy. You may request deletion of your Practice Data at any time through the contact form on our website.
   2. If an account remains canceled and inactive for 2 years, we will send notice to the Account Owner’s email address. If the account is not reactivated within 30 days of that notice, we may permanently delete the Practice Data.
   3. On deletion, we destroy Practice Data as described in the BAA, except where retention is required by law.
   4. You are responsible for keeping your own copies of patient reports and for meeting any record-retention obligations that apply to your practice. Deleted Practice Data cannot be recovered.

8. License and Acceptable Use

1. While your membership is active, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your practice’s professional use. No other right, title or interest transfers to you.
2. One practice per subscription. Each subscription is for one practice, regardless of how many practitioners and staff work in it. Sharing a subscription across separate practices may result in cancellation.
3. Changes to the Service. We continually update and test the Service, including features, interfaces and pricing. We may include you in or exclude you from these tests and change how we offer and operate the Service without notice.
4. Lawful use. You agree to use the Service in compliance with all applicable laws, including privacy, health information and consumer protection laws.
5. Except as these Terms allow or we approve in writing, you agree not to:
   1. copy, download in bulk, reproduce, distribute, modify, publish, license, sell or create derivative works from the Service or its content, including survey questions, reference ranges, report formats and supplement mappings;
   2. circumvent or disable any security or content protection;
   3. use robots, scrapers, data-mining tools or other automated means to access the Service;
   4. decompile, reverse engineer or disassemble any part of the Service;
   5. insert code into or manipulate the Service; or
   6. upload or transmit viruses or any material designed to interrupt, damage or limit the Service or related systems.

Downloading PDF reports for your own records is permitted.

6. The Service runs over the internet, and performance may vary with your device, location and connection. You are responsible for your internet access and any data charges. We do not guarantee compatibility with any particular device, browser or environment.
7. Suspension and termination. We may suspend or terminate your access, with or without notice, if we reasonably believe you have violated these Terms, are using the Service unlawfully or improperly, or pose a security risk. Where practical, we will give notice and an opportunity to download your reports.

9. Accounts, Users and Authority

1. Account owner. The person who creates the account and whose Payment Method is charged is the “Account Owner” and controls the account on behalf of the practice. The Account Owner should not share their password or Payment Method details, so that others cannot change the account through customer support.
2. Authority to accept. The person who accepts these Terms and the BAA represents that they are authorized to do so on behalf of the practice. If a staff member or other person accepts on the practice’s behalf, the practice is bound. We will send a confirmation of acceptance to the Account Owner’s email address.
3. Additional users. The Account Owner may invite practitioners and staff as additional users, each with their own login. Each user must accept these Terms on first login. Depending on the permissions the Account Owner grants, users may see Practice Data and billing information.
4. Practice responsibility. The practice is responsible for:
   1. who it gives access to and the permissions it grants;
   2. keeping credentials confidential and removing access promptly when a user leaves;
   3. the actions of all its users, and their compliance with these Terms and the BAA; and
   4. keeping account information accurate.
5. Security of your account. Be cautious of messages asking for your password or payment information. Always sign in by going directly to the Maestro website rather than through a link in an email. Notify us promptly through the contact form on our website if you suspect unauthorized access. We may place an account on hold to protect you or us from suspected fraud, without obligation to credit or discount the membership.

10. Patient (Client) Data and the Patient Portal

1. Your patients, your relationship. You decide which patients to add to the Service and whether to invite them to the Patient Portal. You are responsible for having any notices, consents and authorizations required by law to collect your patients’ information and to use the Service with it.
2. Patient Portal. The Patient Portal lets your patients complete surveys and view materials you choose to share with them. Patients use the Portal at your invitation and as part of your services to them. Patients do not become Maestro Nutrition customers, and we do not provide them with advice.
3. System emails. The Service may send automated emails to your patients on your behalf, such as survey invitations and notices that a report is ready. These messages are sent at your direction and contain only the content you or the Service’s templates provide.
4. No support to patients. Maestro Nutrition does not provide support of any kind to patients and does not communicate with them directly, for any reason. If a patient contacts us, we will refer them to you. Any question about a patient’s care, survey, account or information must come to us from you or your users.
5. Accuracy of entries. You are responsible for the accuracy of the information you and your users enter, including lab values and units.

11. Third-Party Products and Services

1. The Service references professional supplement lines and products made by third parties. Maestro Nutrition does not manufacture or sell supplements and does not endorse any product for any particular patient. Product information comes from the manufacturers, who are responsible for it.
2. Labs and integrations. The Service may connect to third-party services, such as laboratory partners, online storefronts and email providers. Your use of those services is governed by their own terms and privacy policies. We are not responsible for third-party services, their availability, or their handling of data once it leaves the Service at your direction.
3. Business relationships. Maestro Nutrition may have commercial relationships with some third parties referenced in the Service, including referral arrangements. These relationships do not change your sole responsibility for clinical and product decisions.

12. Disclaimers, Limitation of Liability and Indemnification

1. Disclaimer of warranties. THE SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED WITH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. MAESTRO NUTRITION DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY OUTPUT, REFERENCE RANGE, PATTERN, OR PRODUCT INFORMATION IS ACCURATE, COMPLETE OR APPROPRIATE FOR ANY PATIENT.
2. Exclusion of damages. TO THE FULLEST EXTENT PERMITTED BY LAW, MAESTRO NUTRITION AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL, OR FOR ANY INJURY OR HARM TO A PATIENT ARISING FROM A PRACTITIONER’S CLINICAL, NUTRITIONAL OR PRODUCT DECISIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3. Liability cap. TO THE FULLEST EXTENT PERMITTED BY LAW, MAESTRO NUTRITION’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE BAA OR THE SERVICE, INCLUDING CLAIMS ARISING FROM ANY SECURITY INCIDENT OR BREACH OF PRACTICE DATA, WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THIS CAP DOES NOT APPLY TO LIABILITY ARISING FROM MAESTRO NUTRITION’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD.
4. You agree to defend, indemnify and hold harmless Maestro Nutrition and its members, managers, officers, employees and contractors from any third-party claims, losses, damages and expenses, including reasonable attorneys’ fees, arising from:
   1. your services to your patients, including any assessment, advice, recommendation or product you provide;
   2. your or your users’ violation of these Terms, the BAA or applicable law, including scope-of-practice and licensing laws;
   3. Practice Data you or your users enter, or your lack of any required patient consent; or
   4. your use of third-party services connected to the Service.
5. Jurisdictional limits. Some jurisdictions do not allow certain warranty exclusions or liability limits, so some of the above may not apply to you. Nothing in these Terms limits any rights that cannot be waived by law.
6. If any provision of these Terms is held invalid or unenforceable, the remaining provisions stay in full force.

13. Intellectual Property and Feedback

1. The Service and its content, including software, survey instruments, reference ranges, report designs, correlation logic and supplement mappings, are owned by Maestro Nutrition or its licensors and protected by U.S. and international copyright, trade secret, trademark and other laws. Practice Data remains yours, as described in Section 3.
2. Copyright complaints. If you believe material in the Service infringes your copyright, tell us through the contact form on our website and we will review it promptly.
3. If you send us comments, ideas, suggestions or other feedback (“Feedback”), we may use it for any purpose, including improving the Service, without compensation or attribution to you. To the extent permitted by law, you waive any moral rights in Feedback. Feedback does not include Practice Data.

14. Customer Support

1. How we help. Support is available only to Subscribers and their authorized users, never to patients. If you need help with your account, contact us through the contact form on our website or by phone. We provide support through those channels and, where helpful, through video calls or screen sharing that you start and control. We do not install software on, or take remote control of, your computer or devices.
2. Access to your account. To resolve a support request or maintain the Service, our support staff and contractors may view information in your account, including Practice Data, only as needed for that purpose and subject to the BAA.
3. If information from customer support, our FAQs or other parts of the Site conflicts with these Terms, these Terms control.

15. Governing Law

These Terms are governed by the laws of the State of North Carolina, U.S.A., without regard to its conflict-of-laws rules.

16. Resolving Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

1. Informal resolution. Before filing a claim relating to these Terms or the Service, you agree to try to resolve the dispute informally by contacting us through the contact form on our website. If it is not resolved within 30 days, either party may begin arbitration as described below.
2. Agreement to arbitrate. You and we agree to resolve any claim relating to these Terms or the Service through final and binding arbitration, except as stated in Section 16.3 or where prohibited by law. Arbitration will be held in Union County, North Carolina. You and we submit to the personal jurisdiction of the state and federal courts in North Carolina to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on an award.
3. Either party may bring an eligible claim in small claims court in Union County, North Carolina, after informal resolution has failed. Either party may also seek injunctive relief in court to stop unauthorized use of the Service or infringement of intellectual property, without first using informal resolution or arbitration. Arbitration does not apply to claims that cannot be arbitrated as a matter of law. It does apply to all other claims, including disputes about the interpretation, formation, performance or breach of these Terms, whether any part of them is void or voidable, whether a claim is arbitrable, and whether arbitration has been waived.
4. A single arbitrator will conduct the arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), available at www.adr.org/Rules or by calling 1-800-778-7879.
5. AAA filing, administration and arbitrator fees are governed by the AAA rules, except that if you start an arbitration seeking $10,000 or less, we will advance those fees (subject to reimbursement if the arbitrator finds the claim frivolous). Each party bears its own attorneys’ fees and costs unless the arbitrator finds a claim or defense frivolous or brought for an improper purpose, or the law requires otherwise. The arbitrator’s written decision is final and binding, and judgment may be entered in any court with jurisdiction. Dispositive motions are allowed. The arbitrator may award the same relief a court could. If any clause of this section is found unenforceable, it will be severed and the rest will remain in effect, except as stated in Section 16.6.
6. No class actions. YOU AND WE MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. If a court or arbitrator finds this class waiver unenforceable, or that arbitration may proceed on a class basis, this entire Section 16 (other than this sentence) will be void.
7. Changes to this section. We will give 30 days’ notice of any change to this Section 16, and changes take effect 30 days after notice. If this subsection is found unenforceable, it will be severed, and the version of Section 16 in effect when you began using the Service will apply.
8. This Section 16 survives termination of your account or the Service.

17. General

1. Entire agreement. These Terms, the BAA, the Privacy Policy and any plan terms disclosed at signup are the entire agreement between you and Maestro Nutrition about the Service and replace any prior agreements on that subject.
2. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition or sale of assets, with notice to you.
3. No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
4. Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, such as outages of internet, hosting or third-party providers, natural disasters, or government action.
5. Sections 3, 5, 7.5, 9.4, 10, 12, 13, 16 and 17, and any other terms that by their nature should continue, survive termination.
6. Maestro Nutrition LLC, North Carolina. Contact us through the contact form on our website. Phone: (585) 924-4456.