Use of the Site.
The Healthcare Professionals who deliver Services through Kitchry are independent professionals practicing within a group of independently owned professional practices collectively known as “Kitchry Platform Dietitians”. Kitchry, LLC. does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Healthcare Professionals, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Kitchry nor any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional advice you obtain from a Healthcare Professional via the Services.
None of the Site content (other than information you receive from Healthcare Professionals) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.
When you register on the Site, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by Kitchry (collectively “Account Information”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Site, will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account (with the exception of subaccounts established for children of whom you are the parent or legal guardian). You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. Kitchry reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall Kitchry be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else's account at any time.
Use of the Services by Children.
Subscription Fees and Charges.
User agrees to pay the fees for the Services in accordance with the applicable fee schedules, and User authorizes Kitchry to charge the User's designated card on file (with exceptions for organization subscriptions), as specified by user through the Platform, for all fees as they become payable. Unless otherwise stated in organization Service Agreements, fees for the Services are typically based on the month-cycle from which Member commences account activation. Member is required to pay fees in full for time period health professional has assigned member subscription plan. When a user upgrades their account mid-payment cycle, "already-paid fees" will be applied on a pro-rated basis towards new subscription. When a user downgrades their subscription mid-cycle, changes will go into effect at the next payment period. All fees are non-refundable and non-transferrable, including annual contracts. In the case of canceling a subscription plan, subscription will end date of cancellation. Kitchry may charge additional fees for exceptions processing, setup, and other special services (including optional add-on services), and these will be explicitly communicated during the set up process.
we will not be liable for any information, software, or links found at any other website, internet location, or source of information, nor for your use of such information, software or links, nor for the acts or omissions of any such websites or their respective operators.
Certain of the names, logos, and other materials displayed on the Site or in the Services may constitute trademarks, trade names, service marks or logos ("Marks") of Kitchry or other entities. You are not authorized to use any such Marks without the express written permission of Kitchry. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
You may deactivate your Account and end your registration at any time, for any reason by sending an email to firstname.lastname@example.org. Kitchry may suspend or terminate your use of the Site, your Account and/or registration for any reason at any time. Subject to applicable law, Kitchry reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, Kitchry will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or Healthcare Professionals are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.
Right to Modify.
disclaimer of warranties.
you expressly agree that use of the site or services is at your sole risk. both the site and services are provided on an "as is" and "as available" basis. kitchry expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any warranties of merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value, accuracy of data and system integration.
limitation of liability.
You understand that to the extent permitted under applicable law, in no event will kitchry or its officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses arising out of or related to your use of the Site or the services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise.
To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Kitchry makes no representation that all products, services and/or material described on the Site, or the Services available through the Site, are appropriate or available for use in locations outside the United States or all territories within the United States.
All Health Professionals on the Site hold professional licenses issued by the professional licensing boards in the states where they practice. All physicians and psychologists hold advanced degrees in either medicine or psychology and have undergone postgraduate training. You can report a complaint relating to the care provided by a Healthcare Professional by contacting the professional licensing board in the state where the care was received. In a professional relationship, sexual intimacy is never appropriate and should be reported to the board or agency that licenses, registers, or certifies the licensee.
Any clinical records created as a result of your use of the Services will be securely maintained by Kitchry on behalf of Kitchry Professionals for a period that is no less than the minimum number of years such records are required to be maintained under state and federal law, and which is typically at least six years.
Kitchry devotes considerable effort to optimizing signal strength and diagnosis deficiencies but is not responsible for the internet or data bandwidth and signal of your mobile device.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. In accordance with the DMCA, Kitchry has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA.
Information We Collect
Kitchry only shares your Personally Identifiable Information or Protected Health Information when required to complete your transaction or to facilitate a consensual interaction between you and a provider through the Services. We do not otherwise share Personally Identifiable Information or Protected Health Information with any third parties. We may aggregate certain information to develop statistics related to the use of the Services and, in doing so, we might combine information that we have about you with information we obtain from business partners or other companies. When we publish statistics based on aggregated information, those statistics will not contain any Personally Identifiable Information about you. Depending on the Services you use, we may also collect certain personal information, including personal foods, activities and body measurements. Recognizing the highly personal nature of this information, we take special precautions to protect such information.
Credit Card Information
We use Stripe to process credit card transactions. You may choose to pay for the Services using Stripe. If you use Stripe to make a payment, we do not receive or store any credit card information.
Legal Bases for Processing Your Personal Information
The purpose of the Services is to enable use of the Kitchry platform for our subscribers. We rely on the following legal grounds to process your Personal Information:
How We Collect Your Information
We collect non-personal information about your use of our Services. Every computer or device that accesses the Services is assigned a different Cookie by Kitchry. Cookies are required for the use of certain Services. The information collected by Cookies (i) records current session information, (ii) allows us to statistically monitor how many people are using our Services, (iii) how many people open our emails, and (iv) for what purposes these actions are being taken. We may use Cookie information to determine the popularity of certain content or advertisements. Cookies are also used to facilitate a user’s log-in and as navigation aides. Cookies used by Kitchry are also used to restrict underage use of the tools and services.
Kitchry may automatically collect certain information and store it in log files when you use the Services, including internet protocol (IP) addresses, referring/exit pages, operating system, browser type, date/time stamp and clickstream data. We use this non-personal information to analyze trends, to administer the Services, and to gather demographic information about our user base. We may also record your IP address with your Personally Identifiable Information to help protect ourselves and our members from abusive users of the Services.
Links to Other Sites
How We Protect Your Information
We will not disclose your personal information to anyone other than our employees and those third-parties with whom we have a business relationship. In general, the personal information you provide to us is used to help us communicate with you. For example, we use personal information to contact users in response to questions, solicit feedback from users, provide technical support, and inform users about promotional offers. In general, we use non-personal information to help us improve the Service and customize the user experience. We also aggregate non-personal information in order to track trends and analyze use patterns on the Site.
Disclosure of Information
Security, Encryption, and Confidentiality
Kitchry uses industry-standard encryption technology to protect your privacy. We limit access to personal information about you to employees who we believe reasonably need to come into contact with such information to provide products or services to you in order to do their jobs. We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you. It is important for you to protect against unauthorized access to your password and to your computer or device. It is your responsibility to sign off when you finish using a shared computer or device.
Kitchry may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate the Services. The Kitchry database is stored on secured servers owned and operated by Kitchry. We may store encrypted database backups off site with a third party storage provider to ensure data security in the case of an emergency or catastrophe.
KWe offer the service in several geographic regions. We define a geographical region as the location where a user is located.Processing Within the United States
For users within the United States, we process data solely in data centers located in the United States. We have adopted reasonable physical, technical, and organizational safeguards against accidental, unauthorized, or unlawful destruction, loss, alteration, disclosure, access, use, or processing of user data in our possession. We comply with state and federal laws governing the protection of personal information.
Retention and Deletion
We will only retain your Personal Information for as long as necessary to fulfill the purposes for which it was collected and processed, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements.
In some circumstances, we may anonymize your Personal Information so that it can no longer be associated with you, in which case it is no longer treated as Personal Information.
It is our policy to retain Personal Information for  years once such Personal Information is no longer necessary to deliver the Services and to delete such Personal Information thereafter. This means that, if you close your account with us, we will delete Personal Information associated with your account after  years. Regarding other types of information we collect as described in this policy it is our policy to retain such information for  years and to delete such Personal Information thereafter.
If Kitchry is acquired by or merges with another entity, our assets, including all proprietary intellectual property and information embedded in the Services, and any personal information stored in our databases, will likely be transferred to the new entity. By using the Services you acknowledge and agree that Kitchry may assign its assets and any information stored therein in the event of such a transaction.