1. Introduction
1.1. These General Terms and Conditions (the “Agreement”) govern the entire
relationship between you, the Client, and us, the Company.
1.2. Prior to the conclusion of the Distance Contract, the Client will be provided with
the text of this Agreement in electronic form or in another durable medium. If it is not
reasonably possible to provide the text in this way, the Company shall inform the
Client, prior to the conclusion of the Distance Contract, how the Agreement may be
reviewed at the Company's premises and that the Agreement will be sent free of charge to
the Client upon request, as soon as possible.
1.3. THE CLIENT IS OBLIGATED TO CAREFULLY READ THIS AGREEMENT BEFORE ACCEPTING IT AND
USING THE COMPANY'S SERVICES. BY USING THE SERVICES, THE CLIENT AGREES THAT THEY HAVE
READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREED TO BE BOUND BY IT.
1.4. This Agreement contains a mandatory arbitration provision that, as further set
forth in Section 18 below, requires the use of arbitration on an individual basis to
resolve disputes rather than jury trials, other court proceedings, or class actions of
any kind.
2. Definitions
2.1. Some terms are defined in the introductory part of this Agreement. Unless this
Agreement provides otherwise, wherever used in this Agreement, including the
introductory part, the following terms, when capitalized, shall have the following
meanings:
(a) Agreement – the agreement concluded online between the Company and
the Client for the provision of Services and/or Goods.
(b) Client – the user of the Company’s Services and the buyer of Goods
as explained in this Agreement.
(c) Company – shall mean either:
- UAB Kilo Grupė, a company registered in Lithuania under company code 303157579, with
its registered address at Aludarių g. 3, LT-01113 Vilnius, Lithuania, and email
address [email protected]; or
- Karma Processing Incorporated, a company registered in Delaware under company code
7138602, with its office address at 1000 West Street, Suite 1200, Wilmington,
Delaware 19801, and email address [email protected]; depending on the payment
method chosen by the Client. The Company is responsible for providing subscription
services and handling the Client’s inquiries, including refunds and chargebacks, on
behalf of the associated company providing the Goods and Services. The associated
company providing the Goods and Services is UAB Gut Health (code: 306058198).
- UAB Gut Health is a company registered in Lithuania under company code 306058198,
with its registered address at Krivių str. 5, Vilnius, Republic of Lithuania and
office address at Aludariu str. 3, Vilnius, Republic of Lithuania, and email address
[email protected]. The company is incorporated under the laws of Lithuania, and
its data is stored and maintained with the Register of Legal Entities of the
Republic of Lithuania.
(d) Offer – the offer made by the Company to the Client through the
Website to enter into this Agreement for the provision of Goods and Services.
(e) Privacy Policy – the Company's published privacy policy available
on the Website.
(f) Services – the access to the Website, including any information,
text, and images provided there.
(g) Goods – the physical supplements and/or other products sold online
by the Company.
(h) Digital Content – the individual digital content sold from time to
time online by the Company.
(i) Distance Contract – a contract concluded between the Company and
the Client for the distance sale of Goods.
(k) Mobile App – the mobile application of the Company that can be
downloaded by the Client from the App Store and/or Google Play.
3. Submission of the Offer
3.1. The Company will provide the Client with the possibility of receiving an Offer.
3.2. The Client will be asked to provide certain information before receiving the Offer
by choosing provided options or typing requested details. The Client is obliged to
provide current, correct, and comprehensive information that is requested to be
provided.
3.3. Upon submission of the information established in Section 3.2 of this Agreement,
the Client will be provided with the Offer. The Offer will include information on the
following:
3.3.1. payment amount for the relevant Services and/or Goods;
3.3.2. payment options: via credit card or other allowable payment form;
3.3.3. other information Company finds important to include in the Offer.
3.4. Acceptance of the Offer
3.4.1. The Client accepts the Offer by ticking the box labeled “I agree with the Terms
& Conditions.” Once the Client agrees with the Terms and Conditions, the Client will
be required to press the button labeled “Submit.”
4. Distance Contract
4.1. The Distance Contract shall be deemed concluded once the Client accepts the Offer
as indicated in paragraph 3.4.1.
4.2. As the Client shall accept the Offer electronically, the Company shall confirm
receipt of acceptance of the Offer electronically.
4.3. The Company endeavors to ensure that its Services operate as intended, but their
functionality is reliant on the internet and other external services and providers that
are beyond the Company's control. By using the Company's Services, the Client
acknowledges that the Company cannot guarantee uninterrupted or error-free services or
that the information provided will be completely free from viruses, hackers, intrusions,
unscheduled downtime, or other failures. The Client accepts the risks associated with
using or downloading such Services.
4.4. Occasionally and without prior notice to the Client, we reserve the right to
modify, expand, or improve the Services. We may also, at any time and at our sole
discretion, cease to operate part or all of the Services or selectively disable certain
aspects of the Services. The modification or elimination of the Services will not create
any ongoing obligation or liability to the Client, and the Client's use of the Services
does not entitle the Client to the continued provision or availability of the Services.
4.5. The Client furthermore agrees that:
4.5.1. they shall not access the Services (including for purchasing Goods) if they are
under the age of 18;
4.5.2. they will deny access to the Services to children under the age of 18. The
Client accepts full responsibility for any unauthorized use of the Services by minors
5. Payments
5.1. The price for the Services and/or Goods being offered will remain
fixed during the period of validity indicated in the Offer, except for any price changes
resulting from VAT-tariff modifications.
5.2. The Client agrees to:
5.2.1. pay all additional costs, fees, charges, applicable taxes, and
other charges that may be incurred by the Client;
5.2.2. purchase Services and/or Goods by using a valid credit card or
other allowable form of payment;
5.2.3. provide the Company with current and complete information as
detailed in the purchase order form. If the Company discovers or believes that any
information provided by the Client is inaccurate or incomplete, the Company reserves the
right to refuse to confirm the Client's payment at its sole discretion. In such cases,
the Client forfeits any right to a refund of the paid amount.
5.3. Upon transfer to a third-party payment service, the risk of loss
or damages will pass on to the Client and/or the third-party service. The Client's
online credit or debit card payments to the Company will be handled and processed by a
third-party payment service provider, and none of the sensitive data related to the
payment will be stored or used by the Company. The Company shall not be liable for any
payment issues or disputes that arise due to the third-party payment services. The
Company reserves the right to change the third-party payment service provider
occasionally.
5.4. Unless otherwise indicated, all prices and costs are in United
States Dollars (USD).
5.5. All Goods remain the property of the Company until full payment
is received. The price for Goods will be the price listed on the date the Client places
the order. Shipping costs and payment fees will be recognized and charged before the
purchase is confirmed. If the Client is under 18 years old, they must have their
parent's permission to make a purchase from the Company.
5.6. All transfers made through the Company are conducted through
third-party gateways to ensure protection. Card information is not stored, and all
transactions are handled over SSL encryption. Please read the terms and conditions of
the chosen payment gateway for the transaction, as they are responsible for the
transactions made.
5.7. Payments for our services are processed by UAB Kilo grupė, a company registered in
Lithuania, with a registered address at Antakalnio str. 17, LT-10312, Vilnius.
Occasionally, payments may also be processed by Klarna, an organization with an address
at Sveavägen 46, 111 34, Stockholm (https://www.klarna.com/de/agb/). Please note that
you may be subject to additional charges, such as sales tax and customs duties,
depending on your region and local customs regulations. These charges will be your
responsibility. If you need a refund or want to file a complaint, please contact
[email protected].
5.8. In order to ensure that Client does not experience an interruption or loss of
Services,
the Services are offered on AUTOMATIC RENEWAL.
5.8.1. EXCEPT FOR REASONS DESCRIBED BELOW IN THIS SECTION, AUTOMATIC RENEWAL
AUTOMATICALLY RENEWS THE APPLICABLE SERVICE UPON EXPIRATION OF THE CURRENT
TERM FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD. For
example, if Clients last service period is for one year, the renewal period will
typically be for
one year.
5.8.2. Unless Client cancels the subscription, Company will automatically renew the
applicable service when it comes up for renewal and will take payment from the payment
method associated with the Service in Client’s account.
5.8.3. The Company may change the subscription plans and the price of the Services from
time to time. Renewals will be charged at Company’s then current rates, which Client
acknowledges and agrees may be higher or lower than the rates for the original service
period.
5.8.4. IF CLIENT DOES NOT WISH FOR SERVICE TO AUTOMATICALLY RENEW, he may elect to
cancel the subscription at least 48 hours before the end of current period, in which
case, the
Services will be terminated upon expiration of the then current term, unless he
manually
renew the Services prior to that date.
5.8.5. Client also has a right to pause his/her subscription at least 48 hours before
the end of
current period, Client can do it through Self Service module on Companies website. The
subscription will be paused for 30 days period, afterwards the subscription
will
automatically renew according to the terms then applicable.
5.8.6. If Client has purchased the subscription on Companies website, Client will not
be able
to control it through the Apple App Store or Google Play. Instead, Client may easily
cancel
the subscription by accessing the Users Account on Companies website or contacting the
support team by
5.8.7. If Client has purchased the subscription through the Apple App Store or Google
Play,
Client might cancel the subscription only through his Apple or Google Account. Client
understands that deleting the app does not cancel the subscriptions.
5.8.8 If Client has purchased the subscription of Supplements, shipping address change
for
at least 72 hours before the end of the current period. If the changes of the shipping
address have not been made or have been made in violation of the procedure set out and
the recurring send-out has been shipped, the Company is not responsible for any damages
the Client has incurred or may incur accordingly.
5.9. From time to time the Company might offer the Special Deals which may contain
additional terms and conditions applicable together with this Agreement
6. Subscription
6.1. In order to ensure that the Client does not experience an
interruption or loss of Services, Goods, or Digital Content for subscription purchases,
all subscription purchases (Services, Goods, or Digital Content) are offered on
AUTOMATIC RENEWAL.
6.2. EXCEPT FOR THE REASONS DESCRIBED BELOW IN THIS SECTION, AUTOMATIC
RENEWAL WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE UPON THE EXPIRATION OF THE
CURRENT TERM FOR A RENEWAL PERIOD THAT IS EQUAL IN LENGTH TO THE MOST RECENT SERVICE
PERIOD. For example, if the Client's last service period was for 6 months, the renewal
period will typically be for 6 months.
6.3. Unless the Client cancels the subscription, the Company will
automatically renew the applicable subscription when it comes up for renewal and will
take payment from the payment method associated with the Services, Goods, or Digital
Contents in the Client’s account.
6.4. The Company reserves the right to modify the subscription plans
and pricing of subscription purchases at any time. Renewals may be charged at the
then-current rates of the Company, which the Client acknowledges and agrees may be
higher or lower than the rates for the original service period.
6.5. IF THE CLIENT DOES NOT WANT THE SERVICE TO AUTOMATICALLY RENEW,
they can choose to cancel the subscription at least 48 hours before the end of the
current period (IN CASE CLIENT WILL TERMINATE THE SUBSCRIPTION BEFORE SECOND
SUBSCRIPTION CHARGE, THEN RULES PROVIDED IN CLAUSE 6.5.1. APPLIES). In such a case, the
subscription will be terminated upon the expiration of the current term unless the
Client manually renews the subscription before that date.
6.5.1. IN CASE THE CLIENT PURCHASED A SUBSCRIPTION AND WISHES TO CANCEL THE
SUBSCRIPTION BEFORE SECOND SUBSCRIPTION CHARGE IS MADE THEN THE COMPANY WILL REQUIRE THE
CLIENT TO RETURN ALL DISCOUNTS APPLIED. OUR SUBSCRIPTION PLANS ARE OFFERED AT A
DISCOUNTED PRICE COMPARED TO THE SINGLE PURCHASE PRICE. CLIENTS WHO WISH TO CANCEL THEIR
SUBSCRIPTION BEFORE SECOND SUBSCRIPTION CHARGE WILL BE REQUIRED TO PAY THE DIFFERENCE OF
THE SUBSCRIPTION PLAN PRICE AND THE REGULAR PRICE TO THE COMPANY. IN CASE CLIENT SELECTS
THE TERMINATION, THEN COMPANY WILL AUTOMATICALLY CHARGE THE PRICE DIFFERENCE. This
measure is taken by the Company to avoid circumvention attempts by the Client.
6.5.2. If the Client fails to cancel at least 48 hours before the end of the current
period, the subscription will automatically renew, and any cancellation will be
effective at the end of the renewed period. For digital content subscriptions, the
Client will continue to have access to digital content for the duration of the renewal
term. For physical Goods (such as supplements) subscriptions, the Client will continue
to receive recurring shipments of supplements.
6.5.3. If the Client fails to cancel the subscription before the cancellation deadline
but no longer wants the physical Goods, they may follow the refund policy below for new
and unopened Goods.
6.6.
If the Client purchases the subscription on the Website, they
will not be able to manage it through the Apple App Store or Google Play. Instead, the
Client may easily cancel the subscription by logging in to their User Account on the
Website or contacting the support team at
[email protected].
6.7. If the Client purchases the subscription through the Apple App
Store or Google Play, they may cancel the subscription only through their Apple or
Google account. The Client understands that deleting the app does not cancel the
subscription.
6.8.
If the Client has purchased a subscription for Supplements, they
may change their shipping address for recurring shipments by contacting the support team
at
[email protected] at least 72 hours before the end of the current period. If the
shipping address changes have not been made or have been made in violation of the
procedure outlined and the recurring shipment has been shipped, the Company is not
responsible for any damages the Client has incurred or may incur as a result.
6.9. The Company may, from time to time, offer short term trials, promotions or other
offers (“Special Deals”) that may include additional terms and conditions applicable in
conjunction with this Agreement.
6.9.1. The Company may offer trials of paid subscriptions for a limited time at a
special price or without payment ("Trial"). At the end of the Trial period, the Company
will automatically begin charging the Client for the subscription on a recurring basis
at the interval disclosed in the Special Deal, as chosen by the Client. If the Client
does not wish to be charged, they must cancel the subscription before the end of the
Trial period.
7. Refund Policy and Limited Warranty
7.1.
According to applicable laws, the Client has the right to return
delivered (received) Goods for a refund within 14 days from the date of delivery, as
described in this Refund Policy. A refund will be issued if the product is a) unopened
and in its original packaging and in a condition fit for resale, b) not as described, or
c) faulty. If the Goods are opened but not as described or faulty, the Client must
contact our customer success at
[email protected] within 14 days of delivery and
provide detailed information proving the Company's product fault (with visual proof
attached). For unopened Goods, the Client should contact customer success within 14 days
of delivery and follow the process outlined in Section 7.3.
7.2. If the Goods are faulty, the Client should contact the Company's customer success
team within 14 days of delivery to arrange for a return. Once contacted, the customer
success team will provide the Client with a prepaid shipping label. The package with the
Goods must be sent using the prepaid shipping label within 14 days of receiving the
purchased Goods, as the Company cannot provide a refund if the Client uses a separate
shipping label. The prepaid shipping label costs 9 USD and will be deducted from the
final refund.
7.2.1. After the package with the prepaid shipping label is received
and inspected by our staff, a refund will be authorized by the same payment method used
for the purchase. Please note that the refund process may take up to 14 business days to
complete and for the refund to be credited to the Client's account. If the Client fails
to meet the deadlines outlined in our Refund Policy, the Company will be unable to offer
a refund.
7.3. Due to reasons related to healthcare and hygiene, the Client has
a right to return the delivered (received) Goods within 14 days from the day of delivery
only if the following procedure is adhered:
7.3.1.
The Client must notify the Company of their decision to return
the Goods within 14 days of delivery by sending an email to
[email protected].
7.3.2. The Company will acknowledge the decision and provide a prepaid shipping label
to the Client at the cost of 9 USD, which will be deducted from the final refund. The
pre-paid shipping label provided by the Company must be used due to warehousing
requirements.
7.3.3. The Client must return the Goods to the Company without undue
delay and no later than within 14 days of notifying the Company. The Client is
responsible for the return costs.
7.3.4. The Goods must be in their original packaging, unopened, and in
a condition fit for resale.
7.3.5. Once the Company receives and inspects the returned Goods, a
refund will be issued to the Client for the price they paid for the Goods (excluding the
return costs) within 10–30 business days. Please note that it may take up to 14 working
days for the refund to appear in the Client's bank account.
7.3.6. The Company reserves the right to suspend the Client's refund
until the Company receives and inspects the Goods.
7.3.7. The Company will not be responsible for refunding or reshipping the order to a
different address if the Client did not provide correct or full delivery or contact
information (including delivery address and email address).
7.4. IN CASE THE AGREEMENT BETWEEN THE COMPANY AND THE CLIENT CONSISTS OF DIGITAL
CONTENT THAT IS NOT SUPPLIED ON A TANGIBLE MEDIUM, THE CLIENT AGREES TO WAIVE THEIR
RIGHT OF WITHDRAWAL FROM THE AGREEMENT.
7.4.1. The Company's policy is not to offer refunds for purchased Digital Content,
except in cases where the Digital Content is found to be not as described or faulty. If
this is the case, the Client must contact our customer success at
[email protected]
within 14 days of delivery and provide detailed information proving that the Digital
Content is faulty (with visual proof attached). Once a refund has been issued, the
Client will no longer have access to the Company's content. All refunds will be applied
to the original method of payment. By purchasing Digital Content, the Client agrees to
this refund policy and waives any right to challenge it, whether through questions,
judgment, or legal actions.
7.4.2. The Client acknowledges that the Company's obligation to
provide the Digital Content is fulfilled immediately upon delivery (e.g., after the
purchase is completed) and that this Agreement is therefore considered satisfied.
7.4.3. By purchasing Digital Content, the Client provides consent to
begin the performance of this contract (clause 4.4.), and the Company has fulfilled its
obligation to provide the Client with such Digital Content.
7.4.4. Considering the above-mentioned, the Client has explicitly
waived their right of withdrawal during the 14 days period as all the preconditions
stipulated in the applicable legislation were met.
7.5. Limited Warranty: The Company offers a 14-day Limited Warranty to replace
defective and faulty physical Goods in addition to its 14-day return policy. The
Company’s 14-day warranty and return policies cover ONLY products purchased from
verified sellers who respect our quality control standards. Some Company products are
sold by unverified companies or individuals. The Company cannot ensure the
authenticity, effectiveness, quality, safety, or proper storage of products sold by
any unverified seller.
7.5.1. In the event of such defect or failure of any such product, the remedy described
in 7.5. will be the Client’s exclusive remedy.
7.5.2. Verified Customers: To be eligible for the Limited Warranty, Verified Customers
must provide valid proof of purchase in the form of a receipt or invoice that clearly
states the date and location of purchase. The Company will honor the policy only for
products purchased from a verified reseller who has purchased directly from us and
provides genuine, new, and authentic products. The Company reserves the right to inspect
all returned Goods to confirm whether they qualify for the warranty or return policy. If
the Goods are found to be defective, the Company will repair or replace (at our option)
the defective product and refund any applicable shipping charges to the Customer. The
Customer is responsible for all other shipping charges associated with sending the
product in for warranty repair or replacement.
7.5.3. Limitations/Exclusions: This limited warranty is non-transferable and only
applies to purchasers who bought the product from a reseller or distributor authorized
by the Company. The Warranty supersedes all other express warranties, obligations, or
liabilities. This document constitutes the only Warranty made by the Company, and no
increase or alteration, written or verbal, of the obligation of this warranty, is
authorized or recognized by the Company.
7.5.4. This limited warranty is void if the product has been altered, abused, misused,
lost, damaged by accident, damaged by unauthorized adjustment, and/or damaged by failure
to provide reasonable and necessary care. This warranty does not apply to damage from
shipping or normal wear and tear. Some states do not allow limitations on how long an
implied warranty lasts, so the above limitation may not apply. Some states do not allow
the exclusion or limitation of incidental or consequential damages, so the above
exclusion may not apply. This limited warranty gives you specific legal rights, and you
may also have other rights which vary from state to state.
7.5.5. Amazon.com: The Company is not responsible for any products purchased through
Amazon.com. Customers who purchase Company products through Amazon.com are subject to
Amazon's terms and conditions. The Company does not take responsibility for any issues
related to Amazon resellers, including but not limited to shipping, returns, and
refunds.
8. Intellectual Property Rights
8.1. As between Company and Client, all intellectual property rights, including but not
limited to copyright, design rights, trademark rights, patent rights and any other
proprietary rights in or to related to the Services and Services-related content are
owned by the Company.
8.2. The Client must not reproduce, disassemble, reverse engineer, decompile,
distribute, publicly display or perform, or publish or otherwise make available the
Services including but not limited to Digital Content, in whole or in part without
Company’s prior written consent.
8.3. The Client hereby grants to the Company a perpetual, irrevocable, worldwide, fully
paid-up and royalty‑free, non-exclusive license, including the right to sublicense
(through multiple tiers) and assign to third parties, to reproduce, distribute, perform
and display (publicly or otherwise), create derivative works of, adapt, modify and
otherwise use, analyze and exploit in any way now known or in the future discovered,
his/her User Content (except for User Trademarks) as well as all modified and derivative
works thereof. To the extent permitted by applicable laws, the Client hereby waives any
moral rights he/she may have in any User Content. “User Content” means any User
Trademarks, communications, images, writings, creative works, sounds, and all the
material, data, and information, that the Client uploads, transmits or submits through
the Services, or that other users upload or transmit. By uploading, transmitting or
submitting any User Content, the Client affirms, represents and warrants that such User
Content and its uploading, transmission or submission is (a) accurate and not
confidential; (b) not in violation of any applicable laws, contractual restrictions or
other third‑party rights, and that the Client has permission from any third party whose
personal information or intellectual property is comprised or embodied in the User
Content; and (c) free of viruses, adware, spyware, worms or other malicious code.
8.4. No part of this Agreement is, or should be interpreted as a transfer of
intellectual property rights in relation to the Services or Services-related content,
except as expressly set forth in Section 8.1 below.
9. Use of Digital Content
9.1. All intellectual property rights related to the Digital Content specified in
Article 8.1. are exclusively owned by the Company. The Digital Content is licensed under
this Section 8 and is not sold. The Client is granted a limited, revocable,
non-exclusive, non-transferable, and non-sublicensable license to use any Digital
Content provided by the Company solely for personal, non-commercial purposes, subject to
the terms and conditions of this Agreement.
9.2. The license granted under this Agreement shall be valid for a period of 5 years
from the date of the Client's receipt of the applicable Digital Content unless earlier
suspended or terminated in accordance with this Agreement.
9.3. Unless expressly stated otherwise, the Client must not use any Digital Content for
commercial purposes.
9.4. The Client may not edit, reproduce, transmit, lend, or make the Digital Content
available to any third parties or use it to perform any acts that exceed the scope of
the license provided in this Section 9 by the Company.
9.5. The Company may impose restrictions on the scope of the license or the number or
types of devices on which Digital Content can be used.
9.6. If the Client violates this Section 9, the Company may suspend access to the
relevant Digital Content without limiting any of the Company’s rights or remedies under
this Agreement or applicable law, including the Company’s right to recover from the
Client any losses suffered as a result of or in connection with the infringement,
including any incurred expenses.
10. Sale of Digital Content Prohibited
10.1. The Client is prohibited from selling, offering for sale, sharing, renting out,
or lending Digital Content or copies of Digital Content.
11. Privacy Policy
11.1. The processing of the Client's personal data is governed by the Privacy Policy.
It is recommended that the Client prints and keeps a copy of the Privacy Policy together
with this Agreement.
12. Indemnity
12.1. The Client will indemnify and hold the Company, its affiliates, officers,
directors, employees, agents, legal representatives, licensors, subsidiaries, joint
ventures, and suppliers harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of the Client's breach of
this Agreement or use of the Services, or the Client's violation of any law or the
rights of a third party in conjunction with the Client's breach of this Agreement or use
of the Services.
13. Liability
13.1. THE INFORMATION PROVIDED ON THE WEBSITE OR THROUGH THE SERVICES MAY NOT BE
APPROPRIATE OR SATISFACTORY FOR THE CLIENT'S SPECIFIC USE, AND IT IS THE CLIENT'S
RESPONSIBILITY TO VERIFY ALL INFORMATION BEFORE RELYING ON IT. ANY DECISIONS MADE BASED
ON INFORMATION CONTAINED IN THE WEBSITE OR RECEIVED THROUGH THE CLIENT'S USE OF THE
SERVICES ARE SOLELY THE CLIENT'S RESPONSIBILITY.
13.2. THE CLIENT ACKNOWLEDGES AND AGREES THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY
DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR
BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOSS OF USE, OR OTHER LOSSES, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH DAMAGES MAY ARISE OUT OF OR IN
CONNECTION WITH (i) THE USE OR INABILITY TO USE THE SERVICES; (ii) ANY LINK PROVIDED IN
CONNECTION WITH THE SERVICES; (iii) THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL
LINKED WEBSITES; (iv) THE CLIENT'S RELIANCE ON ANY OF THE SERVICES; (v) THE
INTERRUPTION, SUSPENSION, TERMINATION OF THE SERVICES, OR ANY PORTION THEREOF; (vi) THE
TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO POST OR STORE ANY INFORMATION; OR (vii)
ANY MATTER OTHERWISE RELATED TO THE CLIENT'S USE OF THE SERVICES. THE COMPANY'S
AGGREGATE LIABILITY TO THE CLIENT REGARDING THEIR USE OF THE SERVICES SHALL NOT EXCEED
ONE HUNDRED DOLLARS ($100).
13.3. A party to this Agreement shall be released from responsibility for
non-fulfillment if it can prove that the non-fulfillment was due to force majeure. The
Company shall not be liable for any losses caused by force majeure, including riots,
war, natural events, or other occurrences for which the Company is not responsible (such
as strikes, lockouts, traffic delays, or administrative acts of domestic or foreign high
authorities). The Client must provide written notification of the occurrence of force
majeure that prevents the fulfillment of this Agreement within 30 calendar days from the
date of such circumstances. The Company shall notify the Client about the occurrence of
force majeure by email, on the Website, or Mobile App if possible.
13.4. Liable company: 1) UAB Gut Health, as the administrator of the Website or Mobile
App, provider of the Services, and the owner and seller of the Goods; 2) UAB Kilo Grupė
or Karma Processing Incorporated, as the only company responsible for managing
subscription services and payments for Services and Goods, refunds, and chargebacks
(depending on the payment method chosen) for Associated Companies. THE LIABILITY OF THE
COMPANY IS LIMITED TO DIRECT LOSSES UNLESS OTHERWISE PROVIDED UNDER THE APPLICABLE LAWS.
13.5. As the nature of the Services and/or Goods provided by the Company is such that
the Client's adherence to the provided use instructions cannot be controlled, the
Company provides no warranty as to any results or outcomes arising from the use of the
Services and/or Goods.
13.6. The Company may provide links to websites or mobile apps that are not owned or
controlled by the Company as part of the Services. These links are provided “as-is”, and
the Client acknowledges and agrees that the Company is not responsible for the operation
of such links. The Company does not guarantee or endorse the content, advertising,
products, or other materials available through these links, and the Client acknowledges
that the Company will not be held responsible for any damage or loss resulting from the
use or reliance of such content, goods, or services. The Client agrees that the Company
will not be held directly or indirectly liable for any claims arising from or in
connection with the use of any such websites or mobile apps.
14. Medical Disclaimer
14.1. PRIOR TO USING ANY GOODS, SERVICES, OR DIGITAL CONTENT PROVIDED BY THE COMPANY,
THE CLIENT SHOULD CONSULT WITH THEIR HEALTHCARE SERVICE PROVIDER.
14.2. THE COMPANY IS NOT A MEDICAL ORGANIZATION AND DOES NOT PROVIDE ANY MEDICAL ADVICE
OR ASSISTANCE. NOTHING WITHIN THE SERVICES PROVIDED BY THE COMPANY SHOULD BE CONSTRUED
AS MEDICAL ADVICE OR ASSISTANCE, NOR SHOULD IT BE USED IN PLACE OF SEEKING APPROPRIATE
MEDICAL ADVICE OR ASSISTANCE FROM HEALTHCARE PROVIDERS. THE CLIENT IS SOLELY RESPONSIBLE
FOR EVALUATING AND ASSESSING THEIR OWN HEALTH, INCLUDING THE NEED TO SEEK APPROPRIATE
GUIDANCE FROM A HEALTHCARE PROVIDER.
15. Validity and Termination
15.1. This Agreement becomes effective once the Client accepts and electronically
expresses consent to comply with its terms. The Agreement remains in effect until
termination in accordance with the following section.
15.2. The Company may terminate its relationship with the Client at any time in the
following cases: (1) the Client fails to agree to the terms of the Agreement; (2) the
Client breaches any provision of the Agreement; (3) the Client fails to provide
requested information to the Company and/or provides incorrect or incomplete
information. Notwithstanding the foregoing, the Company acknowledges that statutory
termination rights may not be affected.
16. Changes to Agreement
16.1. This Agreement, Privacy Policy, and any additional terms and conditions that may
apply are subject to change. The Company reserves the right to modify and update the
Agreement from time to time, and such changes shall be effective immediately upon being
posted on the Company’s Website.
16.2. The amended Agreement, Privacy Policy, and any additional terms and conditions
will be posted online. The Company may give notice of any upcoming changes to the Client
by sending an email to the primary email address provided by the Client or by notifying
through the Website.
16.3. The Client understands and agrees that any continued use and access to the
Services after the posting of any updates to the Agreement means that the Client
voluntarily agrees to be bound by this Agreement. If the Client does not agree to be
bound by the updated Agreement, they should not use or continue to use the Services.
17. Communication
17.1. The Company generally prefers communication by email, and the Client accepts such
communication by accepting this Agreement. To ensure effective communication, the Client
must have a valid email address and provide it as required in Section 3.2. The Company
may also publish information related to the Agreement or Services on the Website or
Mobile App. The Client is responsible for checking their email and the Website or Mobile
App regularly and frequently, as emails may contain links to further information and
documents.
17.2. If applicable laws require providing information on a durable medium, the Company
will either send the Client an email with an attachment or send the Client a
notification referring to the Services with a download function to retain such
information and documents permanently for future reference. The Client is responsible
for keeping copies of all communications from the Company.
17.3. The Client may request a copy of this Agreement or any other contractual document
by contacting
[email protected].
17.4. The communication with the Client will be made in English unless the Company and
the Client agree to communicate in another language.
17.5. The Client may contact us at any time by sending a message to
[email protected].
18. Dispute Resolution
18.1. Governing Law. This Agreement is governed by the laws of Texas, regardless of the
Client’s location, and without regard to its principles of conflicts of law.
18.2. Informal Dispute Resolution. Before filing a claim against the Company, the
Client agrees to participate in informal dispute resolution.
Complaints in relation to the Goods and Services provided to the Client should be
addressed to UAB Gut Health by contacting
[email protected].
Complaints concerning subscriptions, refunds, and chargebacks for the Goods and
Services should be addressed to UAB Kilo Grupė or Karma Processing Incorporated by
contacting
[email protected].
The Client should clearly indicate that a complaint is being submitted and specify the
grounds and circumstances of the complaint. Upon receiving the complaint, the Company
will send an acknowledgment to the email address from which the complaint has been
received. The Company will consider the complaint and respond to the Client within 14
calendar days of receipt. If a dispute is not resolved within 30 calendar days of
receipt of the complaint, either the Client or the Company may bring a formal claim.
18.3. Arbitration. All disputes arising out of or related to this Agreement or any
aspect of the relationship between the Client and the Company, except for those that
qualify for small claims court, shall be resolved through final and binding arbitration
before a neutral arbitrator. The arbitration shall take the place of any court
proceedings by a judge or jury, whether based on contract, tort, statute, fraud,
misrepresentation, or any other legal theory. The Client and the Company agree that they
are each waiving the right to trial by jury. Such disputes include, without limitation,
those relating to the interpretation or application of this arbitration provision,
including the enforceability, revocability, or validity of the arbitration provision or
any portion thereof. All such matters shall be decided by an arbitrator rather than a
court or judge.
18.4. The Client agrees that any arbitration under this Agreement will be conducted on
an individual basis, and class arbitrations and class actions are not permitted. The
Client agrees to waive the ability to participate in a class action.
18.5. The Client may choose to opt out of this agreement to arbitrate by sending an
email to
[email protected] within thirty (30) days of accepting this Agreement to
arbitrate. The email should contain the Client's first name, last name, address, and a
statement that the Client declines this arbitration agreement.
18.6. The arbitration will be administered by the American Arbitration Association
(AAA) under its Consumer Arbitration Rules, as amended by this Agreement, and shall take
place on an individual basis. The Consumer Arbitration Rules can be found online at
https://www.adr.org/consumer. The
arbitrator will conduct hearings, if any, by teleconference or videoconference, rather
than in-person appearances unless the arbitrator decides otherwise. Any in-person
appearances will be held at a location that is reasonably convenient to both parties.
The arbitrator's decision will be final and binding and may be confirmed and enforced in
any court having jurisdiction. The arbitrator may award injunctive relief or specific
performance of this Agreement, but only to the extent necessary to provide relief
warranted by the individual claim before the arbitrator. This Agreement will not prevent
Client from bringing issues to the attention of federal, state, or local agencies, and,
if the law allows, they can seek relief against the Company.
19. Miscellaneous
19.1. This Agreement is only intended to confer rights and benefits upon the Client,
and no other person shall have any rights or remedies under this Agreement.
19.2. The Client is not permitted to assign any rights or obligations under this
Agreement to any third party without the prior written consent of the Company. However,
the Company may assign or transfer this Agreement, in whole or in part, to any third
party at its sole discretion.
19.3. If any provision of this Agreement is held to be invalid, unlawful, or
unenforceable by a court of competent jurisdiction, such provision shall be severed from
the Agreement, and the remaining provisions shall continue to be valid and enforceable
to the fullest extent permitted by law.
19.4. THE USE OF THE SERVICES IS SOLELY AT THE CLIENT'S OWN RISK, AS THE SERVICES ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, WHETHER EXPRESS OR IMPLIED,
INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR ARISING FROM A COURSE OF DEALING, USAGE,
OR TRADE PRACTICE. SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSIONS MAY NOT APPLY TO THE CLIENT. THE COMPANY MAKES NO GUARANTEE THAT THE
SITE OR SERVICE WILL MEET THE CLIENT'S REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY,
SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE
OBTAINED BY USE OF THE SITE OR SERVICE WILL BE ACCURATE OR RELIABLE. THE CLIENT
UNDERSTANDS AND ACKNOWLEDGES THAT THEIR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY
DEFECT IN OR DISSATISFACTION WITH THE SITE OR SERVICE IS TO CEASE USING THE SERVICES.
THE CLIENT MAY HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE.
19.5. BY USING OR ACCESSING THE SERVICES, THE CLIENT HEREBY ACKNOWLEDGES THAT THEY HAVE
READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.