Terms of service
TERMS OF USE
These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and AssayMe ("we", "us", or "our"), concerning your access to and use of the assayme.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, "AssayMe").
You agree that by accessing AssayMe, you have read, understood and agreed to be bound by all of these Terms of Service. If you do not agree with all these Terms, then you are expressly prohibited from using AssayMe, and you shall stop using immediately.
We are committed protecting your privacy and security. This agreement only covers the usage of AssayMe services. Please review our Privacy Policy for more detailed information related to your personal data.
1. Coverage and Usage of AssayMe Services
1.1. AssayMe, designs products and tools for personal monitoring your health and that help you achieve your wellness goals. These Terms apply to your access and use of the AssayMe Service, which is provided to you by AssayMe Corp. The "AssayMe Service" consists of our devices including associated firmware, applications, software, websites, APIs, products, and services ("Services").
1.2. Сonclusions by AssayMe is based on information from the user that he or she has given when registering or using the services, and from a device called the "urine test strip" tells us some information about your health condition by analyzing your urine.
1.3. It is your responsibility to use the "strips" you have purchased in accordance with the "Expiration Date" and "Operating Manual" specified. AssayMe cannot be held liable for any incorrect advice or damages that may arise from the "Expired Strips," "Damaged Strips" or "Misused Strips".
1.4. AssayMe, can not be held liable for incorrect conclusions given as a result of incorrect measurements resulting from the devices on which you use AssayMe services.
1.5. AssayMe measures your urine values including but not limited to leukocyte, bilirubin, specific gravity, urobilinogen, pH, nitrite, ketone, protein, microalbumin and
ascorbate values with urine analysis using the "urine test strip."
1.6. AssayMe provides the Website, Application, and Services for informational purposes only. AssayMe Websites, Application, and Services does not contain or constitute, and should not be interpreted as medical advice or opinion.
1.7. ASSAYME IS NOT A MEDICAL PROFESSIONAL, AND ASSAYME DOES NOT PROVIDE MEDICAL SERVICES OR RENDER MEDICAL ADVICE.
1.8. ASSAYME SERVICES ARE NOT A SUBSTITUTE FOR THE ADVICE OF A MEDICAL PRACTITIONER, AND THE INFORMATION MADE AVAILABLE ON OR THROUGH THE WEBSITE, APPLICATION, AND SERVICES SHOULD NOT BE RELIED UPON WHEN MAKING MEDICAL DECISIONS, DIAGNOSING OR TREATING A MEDICAL OR HEALTH CONDITION. YOU SHOULD ALWAYS CONSULT YOUR HEALTHCARE PROVIDER.
1.9. IF YOU REQUIRE MEDICAL ADVICE OR SERVICES, YOU SHOULD CONSULT A MEDICAL PRACTITIONER. YOUR USE OF THE WEBSITE, APPLICATION, OR SERVICES DOES NOT CREATE A DOCTOR PATIENT RELATIONSHIP BETWEEN YOU AND ASSAYME. WE DO NOT RECOMMEND TO SHOW YOUR ADVICE AND RESULTS FROM ASSAYME SERVICES TO YOUR MEDICAL PROFESSIONALS FOR ANY DIAGNOSTIC OR TREATMENT.
1.10. AssayMe does not (i) guarantee the accuracy or usefulness of any information; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any such information. Under no circumstances will AssayMe be responsible for any loss or damage resulting from your reliance on the information. Information may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of AssayMe.
1.11. AssayMe is based solely on information users register with AssayMe services. We cannot predict the information users have not given us. AssayMe cannot be held liable for damages resulting from advice given by AssayMe Services due to information users do not notify AssayMe (such as allergy, food intolerance, genetic or other illness, etc.). This is also applicable in the case for allergies and diseases that are not known to the users themselves.
1.12. AssayMe does not assume any liability for inaccuracies or misstatements about products, whether based on third party information or on ratings generated by the mobile app and/or services. You should carefully read all information provided by the manufacturers of the products or in the actual product packaging and labels, including for food allergen and contact information, nutrient content, qualified health claims, and disclaimers regarding food supplement structure and function claims, before using or consuming a product. For additional information about the product, please contact the manufacturer.
1.13. Depending on the advice given by AssayMe, you may need to purchase and test some products which are not tested by AssayMe. The food and nutrition products recommended by AssayMe have not been tested by AssayMe before. (For example fruits, vegetables and packaged products) The same applies to equivalent products in the region you live in. We do not guarantee the quality of the product, its health claims or statements on its packaging, or its suitability for your diet.
1.14. In addition to all other limitations and disclaimers in this agreement, AssayMe disclaims any liability or loss in connection with the provided on the services.
1.15. Accessing and using all or some of AssayMe's services may require some different policies, standards or guidelines, or you may need to accept additional terms and conditions. Unless otherwise stated, in the event of a dispute between these Terms of Service and any other policies, standards or guidelines required for a particular area, the policies, standards or guidelines necessary for the particular domain shall prevail.
2. Change of Terms of Service
2.1. AssayMe reserves the right to amend this Terms of Service at any time in accordance with this Terms of Service. If we make changes to this Terms of Service, we will update the "Last Update Date" of this Terms. We will notify you by email or any other communication channels at least thirty (30) days before the date on which the amendments entered into force. If you do not agree to the change of Terms of Service, you may terminate this Terms of Service immediately by discontinuing the use of our Services. In the notification email, we will inform you of your right to terminate the Terms. You will not be able to terminate your contract prior to the date on which the amended Terms will enter into force, and your continued access to or use of the AssayMe Services after amended Terms of Service update will mean that you accept the amended Terms.
3. Age Compatibility
3.1. You must be at least 18 years old to access AssayMe Services and create a AssayMe user account. By accessing AssayMe Services and creating a AssayMe user account, you agree that you are over 18 years old. If you suspect that any of the users are under the age of 18, please contact us.
4. Creating AssayMe User Account (Non-Liability Clause)
4.1. You must register to use the Services and, as a record, you acknowledge that: (a) you provide accurate, real, current and complete information about yourself ("Member Data") at the time of registration, and (b) protect the Member Data you provide during registration and immediately update it at the time of change. You agree that AssayMe can use your data to provide services under the terms of before-mentioned Privacy Policy.
4.2. You are solely responsible for maintaining the confidentiality of the information you use to enter your user account and your password. You accept the responsibility for all activities that take place in your account or on your mobile device. We strive to use reasonable security measures to protect your account against unauthorized access. We cannot promise that your account will prevent the security of your content (as explained below) or the personal information you provide and that our security measures will prevent third parties' "hackers" from illegally accessing the Services or your content. However, we take all possible security measures to avoid this.
4.3. If you have any unauthorized access to your AssayMe account or if you suspect your account any other security breaches related to your ciphers, notify us immediately. You can sign up or log in to a third-party network like Facebook or Google. If you do this, you authorize AssayMe to pre-register your account information and other related fields of your account with this third-party networks. If you link your account to a third party network, you agree to comply with the terms and conditions applicable to such third party. AssayMe cannot be held responsible for the terms and privacy policies that apply to the third party.
5. Content & Users' Responsibility
5.1. AssayMe may at its sole discretion allow Users to add visual, audio and written materials to create content ("User Content"). Content may be created by AssayMe itself, third parties or any authorized creator licensed by AssayMe or licensed for use by AssayMe Services other than User Content ("AssayMe Content"). (User Content and AssayMe Content will be collectively referred to Content).
5.2. AssayMe allows you to use AssayMe Services and to access and view aggregated content, provided that you comply with these terms.
5.3. Only Users are responsible for all User Content you provide to AssayMe Services. You will not publish, upload, sublicense or transmit any User Content that contains the following subjects:
• False, misleading, or deceptive,
• Defamation, obscene, pornographic, vulgar or offensive,
• Encourage discrimination, bigotry, racism, hatred, harassment or harm to any
individual or group,
• Any person who includes violence and acts that threaten any person or that
encourages such violence and actions,
• Encourage illegal and/or harmful activities and materials that are prohibited by
US law or the laws of any country in which you live.
5.4. In case of a violation, without prior notice, AssayMe may remove and disable access to the User Content.
6. AssayMe Service Fees
6.1. AssayMe may provide these services free of charge or for a fee, depending on the Service or the content of the Service used by its users. Using the AssayMe mobile application and website is free of charge. AssayMe offers a "strip" purchase option with a one-time payment or subscription method to its users. You can access more detailed advice and services with these "urine test strips".
6.3. For detailed information on current pricing and subscription models and the services provided by AssayMe, please visit AssayMe.com and AssayMe mobile applications.
7. Cancellation and Return
7.1. AssayMe may cancel a user's membership and suspend or terminate his/her access to AssayMe products and services under these circumstances: (a) breaching any provision of these Terms, (b) misleading AssayMe in any way that AssayMe does not comply with these Terms of Service or (c) adversely affecting AssayMe's reputation. Appreciation authority belongs to AssayMe.
7.2. After the cancellation, you will no longer be able to access the Services you have access to for a fee and any advice provided through these services. In addition to the cancellation process, AssayMe reserves the right to use all available remedies.
8. Third-Party Services
8.1. Certain content served on the AssayMe website, or mobile applications includes links to third party websites ("Third Party Web Sites"), some of which are related to AssayMe while some are not. AssayMe has no control over Third-Party Services and Third-Party Content.
8.2. AssayMe is not responsible for reviewing, checking, or otherwise confirming any content of third-party services, including computer software or other property or services, which may be found on third-party websites or through thirdparty websites.
8.3. AssayMe does not represent and endorse the accuracy, content, legality or quality of third party websites and does not represent and endorse the accuracy, content, legality or quality of any information material, goods or services offered through third party websites.
8.4. You acknowledge and agree that you assume all liability and obligations to cause any damage to you or any third party arising from the use or reliance on any content, advertisements, products or other resources of third parties.
8.5. When you are connected to or otherwise accessing or using a third party website, you agree that you are responsible for the following:
(i) take necessary measures to protect you and your computer systems from viruses, worms, trojans, malicious code and other harmful effects;
(ii) download, use or purchase any material that is sexually explicit, immoral, offensive or otherwise objectionable or unlawful, or that contains technical inaccuracies, typographical errors, or other errors;
(iii) downloading, using or purchasing any material that violates confidentiality or promotional rights, or that violates the proprietary rights of third parties and other proprietary rights, or that is subject to additional terms and conditions specified or unspecified;
(iv) any financial costs or other liabilities to third parties arising from your actions or other activities;
(v) read and understand the Terms of Service or Privacy Policies applicable to these third-party websites.
9. Promotion & Advertising Policy
9.1. AssayMe may be supported by advertising revenue and may display advertisements and promotions and may display targeted advertising on our Site. These advertisements may be targeted to AssayMe Content, User Content, queries, or other information. The manner, mode, and extent of advertising by or permitted by AssayMe on the Site and mobile apps are subject to change without specific notice to you. In consideration of AssayMe granting you access to and use of the Site, mobile apps, and Services, you agree that AssayMe may place such advertising on the Site, and mobile apps.
9.2. Please also be aware that our App may have links to third-party websites that may collect Personal Information about you. In addition, some advertisements on the App are served by third-party advertisers, ad networks, ad servers and/or via Google. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about our users. This may include information about users' behavior on this App and other websites to serve them interestedbased (behavioral) advertising. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement, we recommend that you contact the responsible advertiser directly.
10. Disclaimer
10.1. AssayMe Services (including websites, apps, and content) and user content are provided "as is," without warranty or condition of any kind, either express or implied.
10.2. AssayMe makes no warranty that the site, apps, content, user content or services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
10.3. AssayMe makes no warranty regarding the quality of any products, services, or information obtained through the site, apps, content, user content or services, or the accuracy, timeliness, truthfulness, completeness or reliability of any information obtained through the site.
10.4. AssayMe does not regularly monitor or update the accuracy or reliability of the content.
10.5. No advice or information, whether oral or written, obtained from AssayMe or through the site, apps, content, user content or services, will not create any warranty expressly made herein or create any liability on the part of AssayMe.
10.6. The site, apps, content, user content and services are for consumers' educational and informational use only.
10.7. Nothing contained in the services is or should be considered, or used as a substitute for, medical, nutritional or any other professional advice, diagnosis or treatment.
10.8. NUTRITIONAL REQUIREMENTS OF NURSING WOMEN AND PREGNANT WOMEN MAY VARY. PREGNANT WOMEN AND NURSING WOMEN SHOULD NOT TAKE INTO ACCOUNT THE ADVICE GIVEN AT AssayMe. YOU SHOULD CONSULT DOCTORS AND PROFESSIONAL HEALTH CARE PROVIDERS ABOUT THESE RECOMMENDATIONS.
10.9. AssayMe makes no representations or warranties about the information, tools, or content included in the site, apps, content, user content or services.
11. Agreement Term, Termination, Suspension
11.1. These Terms of Service shall be valid for a period of 30 days; will be automatically and continuously renewed at the end of this period or until the end of AssayMe Terms pursuant to this provision within the next 30 day periods.
11.2. You may terminate these Terms of Service at any time by sending a "Cancel Account / Delete Account" feature or any email in the AssayMe website and mobile applications.
AssayMe collects only email addresses used as Login for authentication via Google Auth or Apple Auth services.
Purpose of collection: to provide personal access to personal scans, recognition data, and communication.
You can delete all data from our service (including any references to email) by clicking DELETE ACCOUNT in About description.
11.3. Without limiting our rights below, AssayMe may terminate these Terms at any time by communicating with your registered e-mail address or any other communication channels provided by you and giving you thirty (30) days.
11.4. (i) you have severely violated your obligations under these Terms, our Privacy Policy and other rules and regulations, (ii) violates any applicable laws, regulations or third-party rights; or (iii) violates the privacy or security of AssayMe, its users or third parties, or (iii) violates the privacy or security of AssayMe, its users or third parties; AssayMe may terminate these Terms without notice.
11.5. When these Terms are terminated, you do not have the right to return any of your AssayMe User Account or User Content. If your access to or use of AssayMe Services has been restricted, your AssayMe User Account has been suspended or terminated by us and you will not be able to open a new AssayMe User Account or access or use the AssayMe Services through someone else's User Account.
12. Feedback
12.1. We welcome your comments, feedback, suggestions, and other communications regarding the Services (collectively, "Feedback"). If you provide Feedback, you hereby grant to AssayMe a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send AssayMe any Feedback that you do not wish to license to us as set forth above.
13. Applicable Law
13.1. The validity, interpretation, and performance of this Agreement shall be governed in all respects by the laws of the State of Delaware without giving effect to conflicts of law principles that would result in the application of the substantive laws of another jurisdiction. You agree that resolution of any dispute or claim arising out of or related to these Terms shall be subject to the exclusive jurisdiction and venue in the state and federal courts of Delawere.
14. Intellectual Property
14.1. AssayMe, AssayMe.com and the AssayMe logo are trademarks or registered trademarks of AssayMe Corp., AssayMe Services and Content, may be protected in whole or in part by the copyright, trademark and/or other laws of the United States and other countries. Includes all related intellectual property rights, including AssayMe Services and AssayMe Content; You acknowledge that it is the exclusive property of AssayMe or the licensed third party. AssayMe Services and AssayMe Content and, in conjunction with them, all trademarks, logos, trade names and registered trademarks of AssayMe are trademarks or registered trademarks of AssayMe in the United States and other countries.
14.2. You will not use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publish or otherwise exploit AssayMe Services and the Content. The intellectual property of the Content belongs to AssayMe and shall not be assigned to Users except those expressly licensed under these Terms.
14.3. You acknowledge and agree that the Services and all intellectual property rights associated therewith are, and shall remain, the property of AssayMe (and, where applicable, its licensors). Furthermore, you acknowledge and agree that the source and object code of the Website and/or Mobile App and the format, directories, queries, algorithms, structure, and organization of the Website and/or Mobile App are the intellectual property and proprietary and confidential information of AssayMe and its affiliates, licensors and suppliers. Except as expressly stated in these Terms of Service, you are not granted any intellectual property rights in or to the Services by implication, estoppel or other legal theory, and all rights in and to the Services not expressly granted in these Terms of Service are hereby reserved and retained by AssayMe.
14.4. AssayMe respects the law of copyright and expects its users to respect copyright in the same way. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use our Services (or any part thereof) who infringes the intellectual property rights of others. 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 have evidence, know, or have a good faith belief that your work has been copied in a way that constitutes copyright infringement or is aware of someone doing so, please contact us and include the following information: (i) a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner; (ii) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website and/or Mobile App are covered by a single notification, a representative list of such works); (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Website and/or Mobile App; (iv) your name, mailing address, telephone number and email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.
14.5. 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 counternotice.
Notices and counter-notices with respect to the Services should be sent to email at help@assayme.comOVERVIEW
Welcome to AssayMe! The terms "we", "us" and "our" refer to AssayMe. AssayMe operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). AssayMe is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. AssayMe reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until AssayMe confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as AssayMe may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by AssayMe, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of AssayMe, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by AssayMe.
AssayMe's names, logos, product and service names, designs, and slogans are trademarks of AssayMe or its affiliates or licensors. You must not use such trademarks without the prior written permission of AssayMe. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify's relationship with your store and should not be removed or modified.]
AssayMe is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with AssayMe. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and AssayMe, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with AssayMe.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm AssayMe, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using persons device, without direct supervision.
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY AssayMe, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL AssayMe, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless AssayMe, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where AssayMe is headquartered. You and AssayMe consent to venue and personal jurisdiction in such courts.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at help@assayme.com.
Our contact information is posted below:
AssayMe
help@assayme.com
28523 Herrera St Valencia CA 91354
+1(973)6O2-7OO1