Terms of Service

Last updated: 12/11/2024

Agreement to Terms

By accessing or using MyAllergies ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you do not have permission to access the Service.

These Terms constitute a legally binding agreement between you and MyAllergies regarding your access to and use of the Service. Please read them carefully.

Your access to and use of the Service is also conditioned on your acceptance of and compliance with our Privacy Policy. Please review our Privacy Policy carefully before using the Service.

By using the Service, you represent that you are at least 18 years old, or that you are at least 13 years old and have your parent or guardian's permission to use the Service.

Important Medical and Allergy Disclaimers

Please read these important disclaimers about the Service:

Medical and Allergy Disclaimer

•The Service is not a substitute for professional medical advice, diagnosis, or treatment

•Always seek the advice of qualified healthcare providers for questions about allergies

•Never disregard professional medical advice because of something you have read on the Service

•If you think you may have a medical emergency, call your doctor or emergency services immediately

•We do not recommend or endorse any specific tests, physicians, products, procedures, or treatments

•The Service is an informational tool only and should not be relied upon for medical decisions

•Always carry proper medical identification and emergency contact information

•Verify all allergy information with restaurants and food providers directly

•Food preparation methods, ingredients, and cross-contamination risks may vary

•Reliance on any information provided by the Service is solely at your own risk

Accuracy of Information

•We make reasonable efforts to ensure information accuracy but make no guarantees

•Restaurant and product information may be incomplete or outdated

•Allergen information may change without notice

•Menu items and ingredients may vary by location and over time

•Cross-contamination may occur in food preparation

•Users must independently verify all information

•We are not responsible for any errors or omissions in content

•We reserve the right to modify or discontinue any content without notice

•User-generated content may not be verified or accurate

Service Description and Subscription Terms

Understanding our service offerings and subscription terms:

Service Features

•Free accounts include one editable allergy list

•Premium Single-User accounts include themes and AI tools

•Premium Family accounts allow multiple organized lists

•Physical allergy cards may be available for purchase

•QR code sharing is available for all accounts

•Global translations for known allergens

•Guest access is limited to viewing and creating non-editable lists

Subscription and Payment Terms

•Payments are processed securely through Stripe

•Subscriptions are billed automatically on a recurring basis

•You authorize us to charge your payment method

•Prices are subject to change with notice

•Failed payments may result in service interruption

•Cancellations must be made before billing cycle ends

•No refunds for partial subscription periods

•Physical card orders are billed separately from subscriptions

•Shipping costs are non-refundable

User Responsibilities and Account Terms

As a user of the Service, you agree to the following:

Account Requirements

•You must provide accurate and complete registration information

•You are responsible for maintaining the security of your account

•You must immediately notify us of any unauthorized account access

•You may not share your account credentials with others

•You must be at least 13 years old to use the Service

•Users under 18 must have parental consent

•You are responsible for all activities under your account

•You must keep payment information current and accurate

Content and Usage Rules

You agree not to:

•Post false or misleading allergy information

•Share accounts or subscription access

•Create multiple free accounts to avoid subscription fees

•Resell or redistribute physical allergy cards

•Use the Service for emergency medical services

•Upload content that infringes on others' rights

•Attempt to reverse engineer the Service

•Use automated systems to access the Service

•Interfere with other users' access to the Service

Physical Products and Shipping

Terms regarding physical allergy cards and shipping:

Physical Products

•Physical allergy cards are produced and shipped as ordered

•Card designs and materials may vary

•We do not guarantee specific delivery dates

•Lost or damaged cards may be replaced at our discretion

•Custom designs must comply with our content guidelines

•Bulk orders may have additional terms

•Cards are non-transferable and non-resellable

Shipping Terms

•Shipping costs are calculated at checkout

•International shipping may incur additional fees

•Delivery times are estimates only

•We are not responsible for shipping delays

•Address accuracy is customer responsibility

•Lost packages must be reported within 30 days

•Replacement shipping costs may apply

Liability and Risk

Understanding your risks and our liability limitations:

Assumption of Risk

By using the Service, you expressly acknowledge and assume all risks, including:

•Risk of allergic reactions

•Risks from inaccurate or incomplete information

•Risks from reliance on user-generated content

•Technical risks and service interruptions

•Risk of data loss or breach

•Risks related to third-party services

•Risks from physical card usage

•Risks from QR code sharing

You agree that these risks are inherent to the Service and cannot be eliminated.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

•We are not liable for any direct, indirect, incidental, special, consequential, or punitive damages

•Our total liability shall not exceed the amount you paid us in the past 12 months

•We are not liable for any allergic reactions or medical emergencies

•We are not liable for any decisions made based on the Service

•We are not liable for any third-party content or services

•We do not guarantee the accuracy of AI recommendations

•We are not liable for physical card delivery issues

•We are not liable for subscription payment issues

Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS:

Agreement to Arbitrate

You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be determined by binding arbitration. This arbitration provision:

•Prevents you from suing in court or participating in a class action lawsuit

•Applies to all claims, whether based in contract, tort, statute, or other legal theory

•Continues to apply even after you stop using the Service

•Includes disputes about these Terms or the Service

•Covers all aspects of the Service including subscriptions and physical products

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules.

Arbitration Procedures

•Arbitration will be conducted in English

•The arbitration will be conducted by a single arbitrator

•The arbitration will be conducted in Texas, USA

•The arbitrator's decision will be final and binding

•The arbitrator can award any relief that a court could

•Each party will bear its own costs unless otherwise required by law

•Class action lawsuits and class-wide arbitrations are not permitted

•Small claims court cases are exempt from arbitration

Intellectual Property

Understanding our intellectual property rights:

Ownership

•All Service content is owned by us or our licensors

•Our trademarks and trade dress may not be used without permission

•You retain ownership of your personal allergy information

•We own all rights to AI-generated recommendations

•Physical card designs are our intellectual property

•The Service code and design are protected by copyright

•User feedback may be used without compensation

License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to:

•Access and use the Service for personal use

•Create and share allergy lists

•Use AI recommendations features (premium users)

•Order and use physical allergy cards

•Share content through the Service's sharing features

This license is conditioned on your compliance with these Terms and current subscription status.

Privacy and Data

Your privacy and data protection rights:

•We collect and process data as described in our Privacy Policy

•Medical and allergy information is handled with extra care

•We use industry-standard security measures

•Data may be shared with service providers

•You control sharing of your allergy information

•We retain data as required by law

•You can request data deletion

•We may anonymize data for research

Termination

We may terminate or suspend your account and access to the Service:

Termination Grounds

•For violations of these Terms

•For providing false allergy information

•For subscription payment failures

•For abuse of the Service or other users

•At our sole discretion without notice

•Upon your written request

•For extended periods of inactivity

Effect of Termination

Upon termination:

•Your right to access the Service will immediately cease

•Subscription fees may not be refunded

•We may delete your account and content

•Physical card orders may be cancelled

•You remain liable for all amounts due

•All terms that should survive termination will survive

•You must destroy any downloaded materials

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by:

•Posting the new Terms on this page

•Sending an email to the address associated with your account

•Displaying a notice in your account dashboard

•Requiring acceptance upon next login

Your continued use of the Service after any changes constitutes acceptance of the new Terms. If you do not agree to the changes, you must stop using the Service and cancel any subscriptions.

Contact Information

If you have any questions about these Terms, please contact us:

•For Legal: [email protected]

•For Support: [email protected]

For emergency situations, please contact emergency services directly.

MyAllergies

PO Box 492

Rockwall, TX 75087

These terms of service were last updated on December 11, 2024. If you have any questions about our terms, please contact us.