Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the PharmaGuide website, mobile application, and related services (collectively, the "Service") provided by PharmaGuide Inc. ("PharmaGuide," "we," "us," or "our").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

We reserve the right to modify these Terms at any time. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

2. Description of Service

PharmaGuide is a health technology platform that provides:

• Supplement and Medication Scanning: The ability to scan product barcodes or labels to retrieve product information
• Interaction Analysis: Information about potential interactions between supplements, medications, and health conditions
• Quality Scoring: Assessments of supplement quality based on publicly available information and research
• AI-Powered Assistance: An AI Pharmacist feature that provides educational information about supplements and medications
• Personal Health Tracking: Tools to manage and track your supplement and medication regimen

3. Eligibility

To use the Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable law
• Not have been previously suspended or removed from the Service

By using the Service, you represent and warrant that you meet all eligibility requirements. If you do not meet these requirements, you must not access or use the Service.

4. User Accounts

4.1 Account Creation

Some features of the Service may require you to create an account. When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

4.2 Account Security

You are responsible for safeguarding your account credentials and for any activities or actions under your account. We will not be liable for any loss or damage arising from your failure to maintain the security of your account.

4.3 Account Termination

You may delete your account at any time through the app settings or by contacting us. We reserve the right to suspend or terminate your account if you violate these Terms or engage in conduct that we determine, in our sole discretion, is harmful to other users, us, or third parties.

5. Use License

Subject to your compliance with these Terms, PharmaGuide grants you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install the mobile application on a device that you own or control
• Access and use the Service for your personal, non-commercial purposes

This license does not include the right to:

• Modify, copy, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble the Service
• Rent, lease, loan, sell, sublicense, or otherwise transfer the Service to any third party
• Use the Service for any commercial purpose without our prior written consent
• Remove, alter, or obscure any proprietary notices on the Service

6. Prohibited Uses

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights
• Provide false, misleading, or inaccurate information
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Attempt to gain unauthorized access to any portion of the Service or any other systems or networks
• Use any robot, spider, scraper, or other automated means to access the Service
• Collect or harvest any information from the Service, including user information
• Transmit any viruses, malware, or other malicious code
• Use the Service to send spam or unsolicited communications
• Engage in any activity that could damage, disable, or impair the Service
• Use the Service for any purpose that is harmful, fraudulent, or illegal
• Provide medical advice or hold yourself out as a healthcare professional (unless you are one)

7. Medical Disclaimer

7.1 Educational Purpose Only

The Service provides educational information about supplements, medications, and potential interactions. This information is intended for general informational purposes only and is NOT intended to be a substitute for professional medical advice, diagnosis, or treatment.

7.2 No Doctor-Patient Relationship

Use of the Service does not create a doctor-patient, pharmacist-patient, or any other healthcare provider relationship between you and PharmaGuide. The AI Pharmacist feature is an artificial intelligence tool that provides educational information — it is not a licensed healthcare professional and cannot diagnose, treat, or prescribe.

7.3 Consult Healthcare Providers

Always seek the advice of your physician, pharmacist, or other qualified healthcare provider with any questions you may have regarding:

• A medical condition
• Starting, stopping, or changing any medication
• Adding supplements to your regimen
• Potential drug interactions
• Any health-related decisions

7.4 No Emergency Services

The Service is not intended for use in medical emergencies. If you are experiencing a medical emergency, call 911 or your local emergency services immediately.

7.5 Accuracy of Information

While we strive to provide accurate and up-to-date information, we make no representations or warranties about the completeness, accuracy, reliability, or availability of any information provided through the Service. Medical and pharmaceutical knowledge evolves rapidly, and information may become outdated.

7.6 Individual Variation

Responses to supplements and medications vary significantly between individuals. What is safe or effective for one person may not be for another. The information provided through the Service does not account for your specific medical history, genetics, current medications, or individual circumstances.

7.7 FDA Disclaimer

The statements made about supplements on this Service have not been evaluated by the Food and Drug Administration. Supplement products are not intended to diagnose, treat, cure, or prevent any disease.

8. User Content

8.1 Your Content

"User Content" refers to any information, data, text, or other materials that you submit, upload, or transmit through the Service, including your health profile, supplement stack, and communications with the AI Pharmacist.

8.2 Ownership

You retain ownership of your User Content. However, by submitting User Content, you grant PharmaGuide a worldwide, non-exclusive, royalty-free license to use, process, and store your User Content solely for the purpose of providing and improving the Service.

8.3 Your Responsibilities

You are solely responsible for your User Content and represent that:

• You have all necessary rights to submit the User Content
• Your User Content does not violate any third-party rights
• Your User Content is accurate and not misleading
• Your User Content complies with these Terms and applicable law

8.4 Local Storage

Most of your health-related User Content (health profile, supplement stack, scan history) is stored locally on your device and is not transmitted to our servers unless you explicitly choose backup features. See our Privacy Policy for details.

9. Intellectual Property

9.1 Our Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of PharmaGuide Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries.

9.2 Trademarks

"PharmaGuide," the PharmaGuide logo, and all related names, logos, product and service names, designs, and slogans are trademarks of PharmaGuide Inc. You may not use such marks without our prior written permission.

9.3 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation to you.

10. Third-Party Services

10.1 Third-Party Links

The Service may contain links to third-party websites, applications, or services. We are not responsible for the content, privacy policies, or practices of any third-party sites or services. You access third-party content at your own risk.

10.2 Third-Party Data

The Service may incorporate data from third-party sources, including supplement databases, research publications, and FDA databases. While we strive to use reliable sources, we do not guarantee the accuracy or completeness of third-party data.

10.3 AI Services

Our AI Pharmacist feature uses third-party artificial intelligence services. These services process your queries to generate responses. By using AI features, you acknowledge that your inputs may be processed by our AI service providers in accordance with our Privacy Policy.

10.4 App Stores

If you download the mobile application from an app store (such as Apple App Store or Google Play), you are also subject to the terms and conditions of that app store.

11. Disclaimer of Warranties

To the fullest extent permitted by applicable law, PharmaGuide disclaims all warranties, express or implied, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components
• Warranties regarding the accuracy, reliability, or completeness of any information provided through the Service
• Warranties that the Service will meet your requirements or expectations

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

12. Limitation of Liability

In no event shall PharmaGuide, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation:

• Loss of profits, data, use, goodwill, or other intangible losses
• Personal injury or property damage resulting from your use of the Service
• Any unauthorized access to or use of our servers or any personal information stored therein
• Any interruption or cessation of transmission to or from the Service
• Any bugs, viruses, or other harmful code that may be transmitted through the Service
• Any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, transmitted, or otherwise made available through the Service
• Any health outcomes, adverse reactions, or medical conditions that may result from your use of or reliance on information provided through the Service

In no event shall our total liability to you for all claims exceed the amount you paid us, if any, for use of the Service during the twelve (12) months prior to the claim, or one hundred dollars ($100), whichever is greater.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless PharmaGuide Inc., its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Service
• Your User Content
• Your violation of any third-party rights
• Your violation of any applicable law or regulation
• Any claim that your use of the Service caused damage to a third party

14. Termination

14.1 Termination by You

You may stop using the Service at any time. You may delete your account through the app settings or by contacting us at support@pharmaguide.io.

14.2 Termination by Us

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

14.3 Effect of Termination

Upon termination:

• Your license to use the Service is revoked
• You must cease all use of the Service
• Data stored locally on your device remains under your control
• We may delete any data associated with your account on our servers
• Provisions that by their nature should survive termination shall survive (including Sections 7, 9, 11, 12, 13, 15, and 16)

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States, without regard to its conflict of law provisions.

You agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the federal or state courts located in Suffolk County, Massachusetts, and you consent to the personal jurisdiction of such courts.

16. Dispute Resolution

16.1 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at legal@pharmaguide.io. We will attempt to resolve the dispute informally within 60 days.

16.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted in Boston, Massachusetts, unless you and PharmaGuide agree otherwise.

16.3 Class Action Waiver

YOU AND PHARMAGUIDE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and PharmaGuide agree otherwise, the arbitrator may not consolidate more than one person's claims.

16.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

16.5 Opt-Out

You may opt out of the arbitration agreement by sending written notice to legal@pharmaguide.io within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of the arbitration agreement.

17. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes:

• We will update the "Last Updated" date at the top of these Terms
• For material changes, we will notify you via email (if you have provided your email) or through the Service
• Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms

If you do not agree to the revised Terms, you must stop using the Service.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PharmaGuide regarding the Service and supersede all prior agreements and understandings.

18.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

18.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

18.5 Notices

We may provide notices to you via email, through the Service, or by posting on our website. You may provide notices to us by email at legal@pharmaguide.io.

19. Contact Information

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