Terms & Conditions
Last Updated: August 18, 2022
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR WEBSITE, APP, PRODUCTS AND/OR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS OUR WEBSITE, APP, PRODUCTS AND/OR SERVICES IN ANY MANNER. SECTION 16 BELOW HAS A MANDATORY ARBITRATION PROVISION AND WAIVER OF CLASS ACTION RIGHTS. BY AGREEING TO THESE TERMS, YOU AGREE TO THOSE PROVISIONS.
SECTION 16 BELOW HAS A MANDATORY ARBITRATION PROVISION AND WAIVER OF CLASS ACTION RIGHTS. BY AGREEING TO THESE TERMS, YOU AGREE TO THOSE PROVISIONS.
These Terms and Conditions (“Terms”) are entered into by and between You and Amulet, Inc.(“Amulet”, “we”, “our”, or “us”) and applies to our provision and your use of our website, https://www.allergyamulet.com, along with the features, functionalities, applications, browser extensions and other services available through our website (collectively, the “Website”), our mobile applications, including, but not limited to the Allergy Amulet mobile application (each, an“App”) (the Website and Apps are hereinafter collectively our “Site”), our products, and/or any related services on which these Terms appear. Your use of the Site, products, and services is subject to your acceptance and compliance with these Terms. Please read the following information carefully and do not use this Site or services if you do not accept these Terms. By continuing to use this Site or services, you agree to these Terms, as updated from time to time. You also acknowledge that we have separately notified you of our privacy practices through our Privacy Policy.
1. YOUR USE OF THIS SITE, PRODUCTS, AND SERVICES
a) The Site, products, services, and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Amulet, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Amulet grants you a non-exclusive, limited, non-transferable license to use, view, and download the materials at this Site, the products, and services only for your personal use subject to these Terms.
b) Access to and use of certain features and functionalities of our Site, including, without limitation, the Allergy Amulet App those we provide Certain features and functionalities of our Site, such as the Allergy Amulet App, may require the use of an additional device or product. It is your responsibility to ensure that you have all required products and devices necessary to use the applicable features and functionalities of our Site and that they are properly configured. You acknowledge that our Site may not work as described without the required products or devices or if those products or devices are not properly configured.
2. ACCOUNTS
a) Our Sites or services may allow you to create an account to access or purchase certain products or services (“Account”). You will be responsible and liable for keeping your credentials for accessing your Account secure, and for all actions and transactions on or made through your Account. Any actions made on or through your Account will be presumed to have been made by you. You shall notify Amulet immediately if you become aware of any unauthorized access to or use of an Account or credentials to access that Account. Amulet may, in its sole discretion, de-activate any Account or invalidate any credentials if it believes your Account is being used fraudulently or by or on behalf of unauthorized parties.
b) You may cancel your Account by contacting us at hello@allergyamulet.com and following instructions. We may ask for the following information to identify and verify your Account and complete your request: (1) the Website or App your account is connected to (e.g.,Allergy Amulet App); (2) the email address associated with your Account (the email address you use to login); and (3) whether you would like us to fully delete your Account and/or remove your contact information from our email notifications. Please note, we cannot look up your account using your first and last name or using any email address other than the one associated with your Account. Please note, in some circumstances we may not permit the closure of your Account, including in situations where: (1) you have any pending transactions, an open dispute, or claim; (2) if your Account is subject to a hold; and/or (3) you are cancelling your Account in an attempt to evade any investigation.
3. SITE COPYRIGHTS
a) You agree to retain on any copies all copyright and other proprietary notices associated with any original materials that you download or use from this Site. You may not modify the materials on this Site in any way or reproduce or publicly display, perform, distribute or otherwise use them for any public or external business purpose. Any product, process or technology described in these materials may be the subject of other intellectual property rights (including patent rights) reserved by Amulet and are not licensed for any purpose hereunder. Any software (“Software”) that is made available to download from this Site is the copyrighted work of Amulet and/or its suppliers, and any reproduction, redistribution, or use of such Software shall be governed by the terms of the end-user license agreement, if any, that accompanies or is included with the Software. Unless expressly provided for in such end-user license agreement, reproduction of the Software for purposes of redistribution or for other than personal or internal business use is expressly prohibited. Further, you agree:
b) Not to copy, reproduce, distribute, publish, display, perform, modify, or create derivative works from the Site. Without limiting the generality of the foregoing, you may not distribute any part of the Site over any network, nor sell or offer it for sale. You may not copy, decompile, reverse-engineer, disassemble, modify, or create derivative works of the Site. OpenSource software used in the Site is provided in accordance with the terms of the applicable Open Source Software license, and Amulet is not a party to the same. We reserve all rights that are not specifically granted to you.
b. That you are expressly prohibited from presenting the Site in a setting created by you or a third party (e.g., through framing), particularly (but not exclusively) where that setting includes advertising or other materials that we have not authorized to be displayed with the Site.
4. TRADEMARKS
Registered and common law trademarks and service marks of Amulet may not be copied or used in any manner without written authorization from Amulet.
5. ACCEPTABLE USE POLICY
In using our Site, products, and/or services, you agree not to use, and, not to encourage or allow anyone to use, the Site, products, and/or services in the following prohibited ways:
a) Using the Services in a manner that is or otherwise encourages (i) any illegal, fraudulent, or abusive activities or (ii) materially interfering with Amulet’s business or activities or harms Amulet users.
b) Attempting to bypass or break any security mechanism on the Site or services or using the Site or services in any other manner that poses a material security or service risk to Amulet or any of its users.
c) Reverse-engineering the Site, products, or services in order to find limitations, vulnerabilities, or evade filtering capabilities.
d) Using and/or depending on our products and/or services as the sole method of determining the presence of a particular ingredient.
e) Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of the Site or services or any other conduct that materially and adversely impacts the availability, reliability, or stability of the Site or services.
f) Transmitting any material, data, or content that contains viruses, Trojan horses, spyware, worms or any other malicious, harmful, or deleterious programs.g) Violating or facilitating the violation of any applicable laws or regulations of any applicable jurisdiction, including, without limitation, (i) applicable laws or regulations related to the transmission of data; (ii) applicable laws or regulations that prohibit engaging in any unsolicited advertising, marketing, or transmission of communications; (iii) applicable anti-spam laws or regulations such as the CAN SPAM Act of 2003, the Telephone Consumer ProtectionAct, and the Do-Not-Call Implementation Act; or (iv) applicable data protection or privacy laws, regulations, or legislation.
h) Using the Site or services in connection with unsolicited, unwanted, or harassing communications (commercial or otherwise), including, but not limited to, forum posts, phone calls, SMS or MMS messages, chat, voice mail, video, email, or faxes.
i) Using the Site or services to harvest or otherwise collect information about individuals and/or users, including email addresses or phone numbers, without their explicit consent or under false pretenses or in violation of this Agreement.
j) Using the Site or services to transmit any material, data, or content that infringes the intellectual property rights or other rights of third parties.
k) Using the Site or services to transmit any material or content that is, facilitates, or encourages libelous, defamatory, discriminatory, or otherwise malicious or harmful speech or acts to any person or entity, including but not limited to hate speech, and any other material or content that Amulet reasonably believes degrades, intimidates, incites violence against, or encourages prejudicial action against anyone based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, geographic location or other protected category.
l) Using the Services to transmit any material or content that is offensive, inappropriate, pornographic, obscene, illegal, or otherwise objectionable to any person or entity, including drug-related terms or images.
6. DATA CONTROLLER OR OWNER
Amulet is the Controller or business that owns any and all data, including personal information, collected or processed directly from you and/or other individuals on Amulet’s Site or services and as further described in our Privacy Policy.
7. USER COMMUNICATIONS
Any material, information or other communications you voluntarily transmit, post or otherwise submit electronically to or through the Site or services, including in any chats, blogs, or discussions (collectively, “Submissions”), will be deemed non-confidential. Accordingly, do nots end confidential or proprietary information to Amulet through the Site. By sending Amulet your Submissions, you grant Amulet an unrestricted, irrevocable license to use, reproduce, display, perform, modify, create derivative works from, transmit and distribute the Submissions, and you grant Amulet the right to use any ideas, concepts, know-how or techniques contained in or suggested by the Submissions for any purpose, including but not limited to the development, manufacturing and marketing of products and processes. You are prohibited from posting or transmitting to or from this Site any material that is defamatory, knowingly false, threatening, obscene, profane, or that would otherwise give rise to civil or criminal liability.
8. INTERNET LINKS
For your convenience, this Site may contain links to third party sites or third party resources that Amulet does not own or maintain. With respect to those sites, Amulet assumes no liability and does not endorse or make any representations about any information, products or services associated with those sites or any results that may be obtained from using such sites. Your access and use of such third party sites, and use of any information obtained as a result of that access, is at your sole risk.
9. YOUR WARRANTIES
You represent and warrant that you will be responsible for your use of the Sites, App, products, and/or services, including any transactions and/or purchases you make, and your use of the Sites, App, or services, and the content will be consistent with the limited license granted to you herein and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties or violate any applicable law.
10. DISCLAIMER
a) THIS SITE, OUR PRODUCTS, AND SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; SO, IN THOSE JURISDICTIONS ONLY THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
b) You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code.You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUETO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
11. NO GUARANTEE OF INGREDIENT DETECTION
Amulet does not guarantee that its products and/or services will detect the target ingredient(s).Our products are intended to analyze and capture a representative sample of food. You agree to use our products only as a supplement, not a substitute, to the standard precautionary measures food-allergic individuals would otherwise take when dining out or eating foods prepared by others. We are not responsible for any allergic reaction or illness you experience from any food or beverage items you consume.
12. CHANGES TO THIS SITE
Amulet may make changes to the site and the information contained within it or any Site-related service at any time without notice. Some information and Site-related services may be out of date or contain inaccuracies or errors. Amulet makes no guarantees whatsoever as to the correctness or accuracy of the site or the information presented on or through the site and makes no commitment to update or correct the information obtained through or presented on this site. Information published at this Site may refer to products, programs or services that are not available in your country.
13. LIMITATIONS OF LIABILITY
AMULET IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, OUR PRODUCTS, SITE RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN OR ACCESSED THROUGH THE SITE, EVEN IF AMULET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, PRODUCTS, AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE,PRODUCTS, AND/OR THOSE SERVICES, AND SEEK A REFUND OF THE PURCHASE PRICE OF THE PRODUCTS.
14. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Amulet, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees)arising out of or relating to your violation of these Terms or your use of the Site or services, including, your use of the Site's content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Site.
15. WARRANTY; REFUNDS OR EXCHANGES
Amulet provides a limited one (1) year warranty for our product from the time of product receipt, pursuant to which we will refund or exchange the product one (1) time for any reason if you are not satisfied. We will only provide a refund or exchange to the original purchaser of the product.
16. MANDATORY ARBITRATION; CLASS ACTION WAIVER
You agree that all claims or disputes arising out of the Terms will be decided by an arbitrator through arbitration and not by a judge or jury (“Arbitration Agreement”). This Arbitration Agreement is governed by the FederalArbitration Act (“FAA”) and evidences a transaction involving commerce. The arbitration will be conducted before a single arbitrator under the Commercial Arbitration Rules of the AmericanArbitration Association (“AAA”), which are available at www.adr.org. The arbitrator’s fees and the costs will be shared equally by the parties, unless prohibited by law. Parties are responsible for their own attorneys’ fees. The arbitration proceeding will take place in Madison, Wisconsin, unless otherwise agreed. A court of competent jurisdiction will have the authority to enter judgment on the arbitrator’s decision and award. The parties agree to bring any claim or dispute in arbitration on an individual basis only, and not as a class or collective action, and there will be no right or authority for any claim or dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything herein and/or the applicableAAA Rules, the interpretation, applicability or enforceability of the Class Action Waiver and/or the arbitrability of a claim or dispute may only be determined by an arbitrator. The following claims are excluded from this Arbitration Agreement: (a) claims in small claims court; (b) claims to enforce or to prevent the actual or threatened violation of a party’s intellectual property rights;(c) claims for temporary relief in connection with an arbitrable controversy; and (d) claims that are non-arbitrable per the applicable federal statute.
17. LIMITED TIME TO BRING A CLAIM
YOU AND WE AGREE TO BEGIN ANY CLAIM AND/OR ARBITRATION WITHIN ONE YEAR AFTER A CLAIM ARISES; OTHERWISE, THE CLAIM IS WAIVED.
18. WAIVER OF JURY TRIAL
YOU WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Amulet are instead electing to have claims and disputes resolved by arbitration, except as specified in Section 16 above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
19. CONTROLLING LAW, JURISDICTION, AND VENUE
Amulet primarily operates this site from its headquarters in Madison, WI. The Terms are governed by and construed in accordance with the laws of the State of Wisconsin, exclusive of its choice of law rules. Subject to Section 16 above, any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site or services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin in each case located in the City of Madison and County of Dane. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
20. WAIVER AND SEVERABILITY
No waiver by Amulet of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Amulet to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
21. MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
a) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
b) Terminate or suspend your access to all or part of the Site for any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS AMULET AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY AMULET DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE AMULET OR LAW ENFORCEMENT AUTHORITIES.
22. CONTACT INFORMATION
You can contact us about questions relating to these Terms at:
Address:
hello@allergyamulet.com
23. REVISIONS TO THE TERMS
Amulet may update these Terms at any time and for any reason by posting such revisions to this page from time to time, indicating an update to these Terms on our homepage, and updating the date of those revisions below. You should review this page and the Terms frequently because the Terms are binding upon you, including any revised terms, when you access or use the Site, the information contained on the Site or any of our products or Site related services. These Terms may be superseded or extended by express terms in designated additional terms of use notices located on certain pages of this Site.
24. SPECIAL TERMS FOR APPS DISTRIBUTED THROUGH THE APPLE APP STORE
a) Acknowledgement. Some of our Apps are available through the Apple App Store (“Amulet Apple Apps”). You and Amulet each acknowledge that these Terms and any other terms and conditions imposed by Amulet with respect to the Amulet Apple Apps (collectively, the “Amulet Apple Apps Agreements”) are between you and Amulet only, and not with Apple, and that Amulet, not Apple, is solely responsible for the Amulet Apple Apps and the content thereof. In the event the Amulet Apple Apps provide usage rules for the Amulet Apple Apps that are in conflict with the Apple Media Services Terms and Conditions, the Apple Media Services Terms and Conditions shall control with respect to the Amulet Apple Apps.
b) Scope of License. In addition to the other terms set forth in the Amulet Apple Apps Agreements, the licenses granted to you for the Apple Apps are solely for you by you on any Apple-branded product that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
c) Maintenance and Support. Amulet is solely responsible for providing any maintenance and support services with respect to the Amulet Apple Apps, as specified in the Amulet Apple Apps Agreements or as required under applicable law. You and Amulet acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Amulet Apple Apps.
d) Warranty. Amulet is solely responsible for any product warranties, whether express or implied by law, to the extent not disclaimed in the Amulet Apple Apps Agreements. In the event of any failure of an Amulet Apple App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for the applicable Amulet Apple App (if any) to you. Further, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Amulet Apple Apps, and, subject to the limitations of liability set forth in the Amulet Apple Apps Agreements, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform with any warranty will be Amulet’s sole responsibility.
e) Product Claims. You and Amulet acknowledge that Amulet, not Apple, is responsible for addressing any claims that you or any third party have relating to the Amulet Apple Apps or your possession and/or use of the Amulet Apple Apps, including, but not limited to: (1) product liability claims; (2) any claim that the Amulet Apple Apps fail to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection, privacy, or similar legislation.
f) Intellectual Property Rights. You and Amulet acknowledge that, in the event of any third party claim that the Amulet Apple Apps or your possession and use of the Amulet AppleApps infringes that third party’s intellectual property rights, subject to the limitations of liability and indemnification obligations set forth in the Amulet Apple Apps Agreements, Amulet, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
g) Third Party Terms. You must comply with applicable third party terms when using the Amulet Apple Apps.
h) Third Party Beneficiary. You and Amulet acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries to these Terms as applicable to the Amulet Apple Apps, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms (as applicable) against you as a third party beneficiary thereof.
Allergy Amulet is committed to delivering the highest quality product at an affordable price. Your health and safety is our foremost priority.
Have a question or concern? Check out our FAQ page. If you still need help, reach out to us at orders@allergyamulet.com.
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