EHPlabs App Privacy Policy

Terms of Service

These Terms of Service, which include our Privacy Policy and Data Policy and Payment Terms (collectively “Terms”) govern the use and access to our services, software, EHPlabs brands, products, websites, or any applications (including mobile applications) made available by EHPlabs (collectively, the “Services” or “EHPlabs Services”). By using or accessing the EHPlabs Services, however accessed, you agree to be bound by these Terms. These Terms affect your legal rights and obligations. If you do not agree to be bound by the Terms, do not access or use the Services.

General Terms

1. You must be at least 13 years old to use the Services. By using or accessing our Services, you represent that you are over the age of 13.
2. You are responsible for keeping your password secret and secure and not share it with others.
3. You will not post any photos, videos or other content via the Service which is violent, threatening, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive.
4. When using our services, you must not defame, stalk, bully, abuse, harass, threaten,impersonate or intimidate people or entities.
5. You must not post private and confidential information via the Services, including, but not limited to your or any person’s ID, credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public addresses.
6. You will not use the Services for any illegal or unauthorized purpose. You agree to comply with all federal, state, local and provincial laws, rules and regulations which are applicable to your use of the Services.
7. You will not post or share any content via the Services that infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or any applicable law or regulation.
8. You will not access the Services, create accounts or collect content or information found via the Services through unauthorized means, including but not limited to automated devices, bots, robots, spiders, crawlers, scraper or scripts, without EHPlabs’s prior written authorization.
9. You agree that you will create only one account. You also represent that all information you provide, provided or will provide to EHPlabs upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
10. You are responsible for any activity that occurs through your account and you agree not to sell, transfer, license or assign your account, username, or any account rights. You are solely responsible for your conduct and for any data, text, files, information, usernames, images, graphics, photographs, video and audio clips, profiles, applications, links and other content or materials (“Content”) that you submit, post, display or share on or via the Services.
11. You must not create or submit unwanted emails, comments, likes or other forms of commercial or harassing communication, known as spam, on or via the Services.
12. You must not interfere or disrupt the Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any EHPlabs page is rendered or displayed in a user’s browser or device.
13. You will not test the vulnerability of any of the Services, systems, servers or networks and will not attempt to or breach any security or authentication measures of the Services.
14. You must not change, modify, adapt or alter the Services or change, modify or alter another website so as to falsely imply that it is associated with the Services or EHPlabs.
15. You will use the Services or any Content viewed through the Service for your personal and non-commercial use only.
16. You will not circumvent storage space limits.
17. You must not attempt to restrict another user from using or enjoying the Services and you must not encourage or facilitate violations of these Terms or any other EHPlabs terms.
18. You will not use the Services if you are a convicted sex offender or anyone on the U.S. Treasury Department's list of Specially Designated Nationals.
19. Violation of these Terms may, in EHPlabs’s sole discretion, result in termination of your EHPlabs account.

General Conditions

1. We reserve the right, in our sole discretion, to change these Terms (“Changed Terms”) from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Changed Terms become effective. You agree that we may notify you of the Changed Terms by posting them on the Services, and that your use of the Services after the effective date of the Changed Terms constitutes your agreement to the Changed Terms. Therefore, you should review these Terms and any Changed Terms before using the Services. The Changed Terms will be effective as of the time of posting, or such later date as may be specified in the Changed Terms, and will apply to your use of the Services from that point forward. These Terms will govern any dispute arising before the effective date of the Changed Terms.
2. We reserve the right to refuse access to the Services to anyone for any reason at any time.
3. We reserve the right to remove any Content from the Services for any reason, without prior notice. Content removed from the Services may continue to be stored by EHPlabs, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Therefore, EHPlabs encourages you to maintain your own backup of your Content. EHPlabs will not be liable to you for any modification, suspension, or discontinuation of the Services, or any loss of any Content.
4. We reserve the right to force forfeiture of any username for any reason.
5. Although it is EHPlabs’s intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
6. You agree that you are responsible for all data charges you incur through use of the Services.

Privacy and Your Content

1. We know how important privacy is. This is why our Privacy Policy and Data Policy is designed to make important disclosures about how to use our Services and how we use your information.
2. EHPlabs does not claim ownership of any Content that you post on or through the Services. Instead, you hereby grant to EHPlabs a non-exclusive, fully paid and royalty free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Services, subject to our Privacy Policy and Data Policy. We reserve the right, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine, in our sole discretion, violates these Terms. Any Content uploaded as Public Content, as defined below, can be used for our future marketing or advertising purposes.

Sharing

1. You are able to share your Content with others and can choose who can view your Content and activities on or through the Services. Please exercise common sense and use your best judgment when interacting with others, including when you submit or post Content or any personal or other information. If your Content, some of it, or all of it, is marked as “Private”, no one else but you will be able to see that Content marked as Private. If your Content, some of it or all of it, is marked as “Shared”, only the ones selected will be able to see that Content marked as “Shared”. If your Content, some of it, or all of it, is marked as “Public”, everyone(the public at large) will be able to see that Content marked as “Public”.
2. You are solely responsible for your interaction with other users of the Services, whether online or offline. You are also solely responsible for how you choose to share your Content. You agree that EHPlabs is not responsible or liable for the conduct of any user. EHPlabs reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users.
3. When you delete your Content it will be permanently deleted from the Services immediately. Unless you delete something you have shared with others and they have not deleted it.

Safety and Your Responsibilities

1. Although it is EHPlabs’s intention for the Services to be a safe and secure place for your Content, we cannot guarantee it. You acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure. You are responsible for your Content posted with the Services and commit to help keep EHPlabs a safe and secure place by following these Terms.
2. You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) the posting and use of your Content on or through the Services does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other moneys owed by reason of Content you post on or through the Services; and (iv) you have the legal right and capacity to enter into these Terms in your jurisdiction.
3. You agree that EHPlabs is not responsible for, and does not endorse, Content posted within the Services. EHPlabs does not have any obligation to prescreen, monitor, edit or remove any Content. If your Content violates these Terms, you may bear legal responsibility for that Content.

Payments

1. By making a payment on our Services you agree to our Payments Terms.

Product Specifications

1. The size of each Product specified on the Services is an approximate representation of the actual size and dimensions of the relevant Product. Sizing variations may exist within flavour variations of a Product.
2. The label and appearance of the container of each Product as depicted on the Services may vary from the actual label and appearance.
3. The color of the powder (as relevant) and flavor of each Product may slightly vary from batch to batch based on any inconsistencies that may exist within the raw ingredients used for manufacture of the relevant Product. EHPlabs has implemented many quality assurance and compliance procedures to ensure that all raw materials used in the manufacture of the Products meet the minimum raw material specification requirements imposed by EHPlabs.
4. To the extent permitted by law, EHPlabs has no liability and responsibility in respect of any allergic sensitivities or reactions, or misuse that you may have as a result of consuming a Product.
5. It is your responsibility to check the ingredients, nutritional information and instruction of use of the Product and determine whether you may have any allergic sensitivity to anything contained in that Product. If you are allergic to an ingredient contained in the Product and you consume the Product, you do so at your own risk.

Orders

1. You may place an Order by following the instructions on the Services. Your Order will be submitted by completing payment details and clicking the ‘confirm’ button.
2. Orders will be deemed to have been received by EHPlabs at the time EHPlabs sends an Order confirmation to your nominated e-mail address.
3. EHPlabs will primarily communicate with customers via e-mail and/or in-app messaging tools. It is the customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
4. Each Order (once confirmed) represents a separate agreement between EHPlabs and you.
5. EHPlabs reserves the right to not accept or to cancel Orders that request commercial quantities of Goods.
6. EHPlabs, at its sole discretion, may cancel your Order at any time prior to dispatch of the Goods, including Products that are sold on pre-sale.
7. In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with e-mail acknowledgement of the cancellation and refund.
8. EHPlabs accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections.

Delivery and ownership of goods

1. EHPlabs will use its reasonable endeavors to ensure that all Goods are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors beyond the control of EHPlabs may result in delays. EHPlabs is not liable for any loss or damage, whether direct, indirect or consequential, suffered by anyone as a result of any such delays.
2. The date of dispatch listed on the Services is the estimated date of dispatch as is reasonably estimated by EHPlabs and is subject to change without notice. Where scheduled dispatch of a Product is delayed by more than 1 week, customers will be notified by e-mail at the e-mail address nominated in their Order and also via the EHP app.
3. Goods will be delivered by UPS for US orders and will take between 4 – 7 working days to deliver, from the date of dispatch.
4. For international Orders, DHL or UPS International will be selected at the discretion of the shipping team. For orders outside of the US, delivery time may exceed 4 – 7 working days.
5. Goods will be delivered by FedEx Smart Post for US orders and will take between 4 – 7 working days to deliver, from the date of dispatch. For international Orders, Asendia or FedEx International will be selected at the discretion of the shipping team. For orders outside of the US, delivery time may exceed 4 – 7 working days.
6. You agree the Goods will deem to be delivered based on the shipping confirmation evidence determined from the tracking details provided by the relevant shipping company.
7. When ordering Goods from EHPlabs to be delivered to addresses outside the United States and its Protectorates, shipments will be made to you only after you explicitly agree to become Importer of Record ("IOR") and as such customs clearance shall be made in your name and on your behalf.
8. As IOR, you agree to be ultimately responsible for importing the products ordered by you into the destination country and are solely responsible for the payment of duties, and taxes either at the time of sale if prepayment is required by EHPlabs or at the time of importation if prepayment is not required.
9. You hereby give a proxy or power of attorney ("POA") to the shipping provider designated by EHPlabs for the customs clearance of products ordered by you. This POA authorizes EHPlabs designated shipping provider's assigned customs broker to act on your behalf.
10. EHPlabs designated shipping provider's intervention with respect to customs formalities may be done by a customs agent assigned by EHPlabs designated shipping provider on your behalf.
11. You hereby acknowledge to have understood the concept of IOR or the need of the POA and further state that the terms of the POA or terms of the purchase from EHPlabs and transportation conditions from EHPlabs designated shipping provider are not unreasonable or unknown to you, that you have read them, understood them and further agreed to them.

Faulty or damaged Products

1. EHPlabs will replace damaged, faulty or incorrect Products in accordance with these Terms and Conditions.
2. Where a Product is found to be damaged upon delivery or if a Product has been delivered that is different to the Product listed in the Order (Incorrect Product), and the customer notifies EHPlabs within the first 7 days after delivery, then EHPlabs will:
1. replace the damaged or Incorrect Product with a new replacement; or
2. if EHPlabs is unable to provide a new replacement Product, EHPlabs will refund the customer the purchase price. For the avoidance of doubt, the 7 Day period will commence on the date that the customer receives their Product.

Where there is no proof of delivery, this date will be assumed to be 3 business from the date of dispatch of the Product. Where Goods are already damaged on delivery, EHPlabs requires photographic evidence before authorizing the return of the Goods.

1. EHPlabs reserves sole discretion to determine whether the Goods are faulty or damaged in accordance with this Clause 10.
2. EHPlabs may seek reimbursement of any costs incurred by it when the Product is found to not be damaged, faulty or incorrect.

Refunds and returns

1. EHPlabs will only accept the return of Products that have been supplied incorrectly by EHPlabs or which are deemed to be faulty.
2. The customer must comply with directions from EHPlabs staff to facilitate a return.
3. Returned Products must be returned in their original undamaged packaging and must be in a re-saleable condition.
4. It is the customer’s responsibility to ensure that returned items are returned safely. EHPlabs takes no responsibility for items lost in transit.
5. You acknowledge and agree that EHPlabs will not accept a return and will not refund your Order based on a change of mind.

Intellectual Property

1. The Services contain content owned or licensed by EHPlabs (“EHPlabs Content”). EHPlabs Content is protected by copyright, trademark, trade secret or other laws, and as between you and EHPlabs, EHPlabs owns and retains all rights in the EHPlabs Content and the Services. You will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the EHPlabs Content.
2. The EHPlabs name and logo are trademarks of EHPlabs, and may not be copied, imitated or used, in whole or in part, without the prior written permission of EHPlabs. We ask you to respect our intellectual property and that of others. We will respond to notices of alleged copyright infringement if they comply with the law.

Upgraded Accounts

1. Your general subscription to the Services (“General Account”) is free. It gives you limited access to EHPlabs Content. You have the option to purchase access to the premium user customized EHPlabs Content for a monthly fee. By accessing the premium user customized EHPlabs Content, you will upgrade your account to an Upgraded Account or EHPlabs Plus Services. We will charge you a monthly fee automatically from the date you convert your General Account into an Upgraded Account. We will charge taxes when required, but you are responsible for all applicable taxes.
2. Your Upgraded Account will stay in effect until you cancel it or downgrade it. If you do not cancel or downgrade or do not pay the monthly fee, we reserve the right to revert your subscription level to the General Account. You are able to cancel or downgrade your Upgraded Account at any time, but you will not be issued a refund for any unused time remaining for the month for which you have paid the monthly fee. If we change the fees associated with our Services we will give you an advance notice of these changes. Any changed fees will be applied from the time of change forward.

Termination

1. You may delete or cancel your account at any time. We reserve the right to suspend or end our Services at any time at our discretion and without notice. If you violate our Terms or otherwise create risk or possible legal exposure for us, we can end or suspend your account, even if you are an Upgraded Account user.
2. We reserve the right to end your account if you have not used it or accessed our Services in 12 consecutive months. A notice will be provided before termination. We are not responsible for the loss of your Content if you choose to delete or cancel your account, or if we cancel your account due to inactivity.

Disclaimer of Warranties and Limitation of Liability

1. THE SERVICES, INCLUDING, WITHOUT LIMITATION, EHPlabs CONTENT, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, EHPlabs AND ITS EMPLOYEES, MANAGERS, OFFICERS, DIRECTORS, AGENTS. AFFILIATES, SUPPLIERS AND DISTRIBUTORS (COLLECTIVELY ‘EHPlabs PARTIES’) MAKE NO WARRANTIES OR REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, AS TO: (A) THE SERVICES; (B) THE EHPlabs CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO EHPlabs OR VIA THE SERVICES. THE EHPlabs PARTIES DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
2. THE EHPlabs PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE EHPlabs PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE EHPlabs PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE EHPlabs PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
3. BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. THE EHPlabs PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
4. UNDER NO CIRCUMSTANCES WILL THE EHPlabs PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) THE EHPlabs CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE EHPlabs PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICES; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICES’ OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE EHPlabs PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE EHPlabs PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE EHPlabs PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE GREATER OF TWENTY DOLLARS ($20.00) OR THE AMOUNT YOU HAVE PAID US IN THE PAST 12 MONTHS.
5. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF EHPlabs's ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE EHPlabs PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE EHPlabs PARTIES.
6. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
7. EHPlabs IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification

1. You agree to defend (at EHPlabs's request), indemnify and hold the EHPlabs Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Services or those conducted on your behalf): (i) your Content or your access to or use of the Services; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by EHPlabs in the defense of any claim. EHPlabs reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of EHPlabs.

Governing Law and Venue

1. In case of any dispute between you and EHPlabs (whether or not such dispute involves a third party), you agree to contact us and make good faith effort to resolve the dispute amicably. If a dispute cannot be resolved informally, then the following terms govern:
2. These Terms are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. You agree to resolve any dispute you have with EHPlabs exclusively in a state or federal court located in Sacramento, California, and to submit to the personal jurisdiction of the courts located in Sacramento County for the purpose of litigating all such disputes.
3. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. EHPlabs's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. EHPlabs reserves the right to change this provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This provision will survive the termination of any or all of your transactions with EHPlabs.

Territorial Restrictions

1. The information provided within the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject EHPlabs to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that EHPlabs provides.
2. Software related to or made available by the Services may be subject to United States export controls. Thus, no software from the Services may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
3. The effective date of these Terms is November 1, 2021.

EHPlabs Payment Terms

Pricing

1. All prices quoted on the Services are in United States dollars unless otherwise specified.
2. All prices displayed on the Services are subject to change without notice. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed Orders.
3. You agree to pay any additional duties and taxes that your country or state may wish to impose on your order based on the imputed or actual value of the Goods.
4. You understand and acknowledge that these relevant duties and taxes may not be disclosed on the Order confirmation and are charges imposed by the relevant customs or quarantine government department of your country and not EHPlabs.
5. You agree to pay any relevant delivery charges as they are calculated and listed in the Order confirmation at the time of purchase.

Paid Services

1. Even though the subscription to our Services is free, we reserve the right to add certain services from time to time which may require payment (“EHPlabs Paid Services”). For any paid service that you elect to use, the following payment terms apply:

Auto-renewable Recurring Billing

1. If at any time a EHPlabs Paid Service becomes available and you decide to upgrade your subscription to include such EHPlabs Paid Service and nominate a current, valid, accepted method of payment (“Payment Method”), you authorize us to charge you the relevant fee disclosed and associated with that EHPlabs Paid Service, and any other charges, fee or taxes you may incur in connection with your use of the EHPlabs Paid Services. 
2. You acknowledge that the amount billed each month may vary from month-to-month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or upgrading an account, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
3. By using EHPlabs Paid Services, you acknowledge and agree that we may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness. We may revoke your eligibility to use EHPlabs Paid Services at any time at our sole discretion. In order to prevent financial loss to you or to us, we may contact your Payment Method issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law. We may cancel any transaction if we believe the transaction violates these Terms or if we believe doing so may prevent financial loss. We may also cancel any electronic value accumulated, transferred, assigned, or sold as a result of fraudulent or illegal behavior.

Price Changes

1. We reserve the right to adjust pricing for a EHPlabs Paid Service or any components thereof in any manner and at any time as we may deem appropriate in our sole and absolute discretion. Except as otherwise expressly provided for in our Terms of Service, any price changes to your account will take effect following a notice to you.

Billing Cycle

1. Any fee for a specific EHPlabs Paid Service will be billed at the commencement of the billable service arising from your acceptance of such EHPlabs Paid Service, and in respect of any subscription related EHPlabs Paid Service, the fee will recur each month thereafter unless and until you cancel your subscription. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your EHPlabs Paid Services. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your EHPlabs Paid Services began at the close of a given month, we may bill your Payment Method on a day in the next month or such other day as we deem appropriate. For example, if you started your EHPlabs subscription or initiated EHPlabs Paid Services on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your subscription. We may authorize your Payment Method in anticipation of subscription or service-related charges. As used in these Payment Terms, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.

No Refunds

1. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the EHPlabs Paid Services through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

Payment Methods

1. When using a Payment Method, you represent that you are authorized to use that Payment Method. You authorize us to charge the full amount to the Payment Method you designate for the transaction. You also authorize us to collect and store Payment Method information along with other related transaction information. You may edit your Payment Method information by visiting our website and clicking on the "Your Account" link, available at my profile. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
2. If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount, which may be as high as the full price of your purchase. We will bill your card at the time you load funds for your EHPlabs Paid Services, or shortly thereafter. If you cancel a service or transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you. If you fund a payment by debit card and your load transaction results in an overdraft or other fee from your bank; you alone are responsible for that fee.

Cancellation

1. You may cancel or downgrade your EHPlabs Paid Services and/or subscription at any time, and you will continue to have access to the EHPlabs Paid Services through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. If you cancel your EHPlabs Paid Services subscription, your account will automatically close at the end of your current billing period.
2. If you ever experience any problems, please contact us as soon as possible.

Privacy Policy

EHPlabs’s privacy and security measures are designed with deep bunker security in mind, so any personal information that you provide is used for the purpose of receiving EHPlabs communications, purchasing EHPlabs products, market research and personalizing and enhancing your web experience with EHPlabs, and for no other purpose. EHPlabs’s specific privacy policies are outlined below.

How We Collect the Information

There are many ways that EHPlabs obtains information from you: via registration and login process via the EHPlabs application, signup on EHPlabs’s website; from an in-app purchases; from navigational information about where visitors go on our application and/or website; when you enter a EHPlabs sweepstakes/giveaway; upon contacting customer service to request EHPlabs communications; or upon signing up at an event.

The Information We Collect

In order to provide users with the most efficient and enhanced service and to better understand your preferences, we may request any of the following information from you: name, address, telephone number, email address, gender, year of birth, type of exercise regime, fitness goals, fitness level, height, weight, dietary requirements, shopping preference, product interest. Of course we will need your credit card information for any online purchases, however this is processed by our third party payment gateway provider.

How We Use the Information

All personal information that we obtain about you will be recorded, used and protected by us in accordance with current data protection legislation and this privacy policy. We will primarily use your personal information to provide products and services to you and, for example:

• to administer a contest, promotion, survey, market research, focus group or other site feature and to provide you with the relevant products or services (for instance to deliver a prize you may have won in a contest);

• to send you information/materials via e-mail or mail about products, offers and news that may interest you. This information may relate to products, offers and news of EHPlabs. We only send you this if you have opted-in to receive EHPlabs email messages; and

• to analyze visits to the application and/or website and learn about the interests of our visitors in aggregate and also on personal level to better understand your interest and need, so we can improve our products and services and deliver to you the type of content, features and promotions that you are most interested in.

 

The information obtained from your registration on the EHPlabs application is utilized to improve your app experience with EHPlabs by enabling you to obtain more relevant and personalized workout programs, recipes, meal plans, and/or opt-in to receive occasional e-mails, which provide you with the latest information regarding EHPlabs and its products.

The information we ask for when you register to use the EHPlabs application is your name, address, phone number, gender, year of birth, type of exercise regime, fitness goals, fitness level, height, weight, dietary requirements, shopping preference, product interest, credit card number and email address, and is used only to create your user profile, to complete the order, to confirm the order and to confirm shipment of the order. Your user profile is created to improve your app experience with EHPlabs by enabling you to obtain more relevant and personalized content. You may, upon placement of an order, opt to allow EHPlabs to save the information for a speedier checkout process the next time. This information is then stored only for the purposes of faster checkout and is not used for any other purpose.

The navigational information allows us to see which areas of our website are most visited and helps us improve the quality of your online experience by recognizing and delivering the most desired features and services. Additional non-personally identifiable information (for example, browser version, IP address) may be collected which will provide information regarding the general use of our website.

EHPlabs will never sell any information about you to anyone. “Cookies” are used by EHPlabs only to allow you to use EHPlabs’s website in the most efficient manner.

Cookies

A cookie is a small removable data file that is stored by our web browser on our device. Cookies allow you to use the EHPlabs application and allow us to enhance and personalize your user experience. 

You can choose to have your device warn you each time a cookie is being sent or you can choose to turn off all cookies. You do this through your settings.

We also work with other companies who use tracking technologies to serve ads on our behalf across the internet. These companies may collect non-personally identifiable information about your visit to our website and your interaction with our communications, including advertising.

E-Mail & SMS

EHPlabs will only send emails to you if you ask for them and you can easily unsubscribe at any time you want. EHPlabs has a company policy not to flood people with email correspondence, but simply gives you periodic information so you can stay up to date on what EHPlabs is offering. EHPlabs also uses your email address to confirm your order and to confirm shipment of your order and to respond to any inquiries you make online. All emails you receive will provide you with information as to how to get off the email mailing list if you so desire.  

 

TCPA Compliance:

Text Marketing and notifications: By entering your phone number in the checkout and initializing a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed 30 a month. You acknowledge that consent is not a condition for any purchase. If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply. For any questions please text HELP to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.

GDPR Compliance:

Text Marketing Terms and Conditions:

We are using a text messaging platform, which is subject to the following terms and conditions. By opting-in for our text marketing and notifications in, you agree to these terms and conditions. By entering your phone number in the checkout and initializing a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. You acknowledge that consent is not a condition for any purchase. Your phone number, name, and purchase information will be shared with our SMS platform "SMSBump Inc, an European Union company with an office in Sofia, Bulgaria, EU. This data will be used for sending you targeted marketing messages and notifications. Upon sending the text messages, your phone number will be passed to a text messages operator to fulfill their delivery. If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply. For any questions please text "HELP" to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.

Short code Version:

Text Marketing & Notifications By subscribing to text marketing notifications you agree to receive recurring automated marketing messages and shopping cart reminder messages at the phone number provided. We determine cart abandoned by using a cookie and check whether the existing user has already opted in for text marketing. Consent is not a condition of purchases. Reply STOP to unsubscribe. HELP for help. Msg & Data rates may apply. If you do not wish to be part of our service you can unsubscribe at any time by testing STOP, CANCEL, QUIT, END, or UNSUBSCRIBE to any mobile message received from us. You may get another text message confirming your unsubscribing from our service. You also agree that by sending an email, calling in, or sending any other means of opt out unsubscribe request or using words different than the ones presented above will not be reasonable means to unsubscribe you. When you opt in for our service you may expect to get occasional texts concerning latest Text Alerts, Surveys, Welcome messages, Customer win-backs, Text Campaigns, Giveaways, Flash Sales, Upsells. If your device does not support MMS we will deliver a SMS instead and strip the image. The opt out will also be delivered as a standard text message (SMS).

Carriers (AT&T, T-mobile, Verizon, T-Mobile, Sprint, Rogers, MetroPCS, etc) are not responsible or liable for undelivered or delayed messages.

 

 

Security

The EHPlabs platform’s bunker security system is armed with a sentry system to monitor activity and prevent any unauthorized disclosure of credit card numbers or other personal information. In addition, we utilize a licensed system for credit card authorization and fraud detection. We use industry standard SSL (Secure Sockets Layer) encryption to protect the confidentiality of your personal information.

Opt Out / Unsubscribe

You may request to stop receiving communications from EHPlabs at any time. You can choose to cancel emails by clicking the "Unsubscribe" link that is provided at the bottom of all email correspondence.