Legal
Last updated: April 08, 2024
The terms that govern your use of Gutsphere’s website, applications, and digestive-health services.
Your use of Gutsphere's services (referred to collectively as the "Services" in this document) is subject to the terms and conditions outlined below. By accessing, browsing, or using our website, applications, services, or any associated content provided by Gutsphere, Inc., or its affiliates ("Gutsphere," "we," "us," or "our"), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (the "Agreement").
By clicking "I Agree," checking a related box to signify your acceptance, using any other acceptance protocol presented through the Service, or otherwise affirmatively accepting these Terms and Conditions, you enter into a binding contract with Gutsphere. If you do not agree to these Terms and Conditions, do not access, create an account, or use the Service.
Gutsphere provides tools and resources designed to support individuals managing digestive health conditions. Services include but are not limited to:
THE SERVICES ARE NOT DESIGNED FOR MEDICAL EMERGENCIES. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE DIAL 911 IMMEDIATELY. Gutsphere's Services are intended to support, not replace, the existing doctor-patient relationship.
Gutsphere reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of the Services following the posting of changes will mean that you accept and agree to the changes.
By registering with Gutsphere, you agree to receive communications that are integral to our services, which include:
You have control over your communication preferences. At any time, you can adjust these settings in your account dashboard to tailor how you receive messages from us. Should you decide you do not wish to receive promotional communications, you can opt out directly through the unsubscribe options provided in such messages.
Please note, opting out of certain communications, particularly Health Updates and Reminders, may affect the full functionality of the Gutsphere service in assisting with your gastrointestinal health management.
The Services are available only to individuals who are at least 18 years of age and capable of forming legally binding contracts under applicable law. By using the Services, you represent and warrant that you are eligible.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password.
All content, trademarks, logos, and service marks displayed on the Services are our property or the property of other third parties. You are not permitted to use these marks without our prior written consent or the consent of such third party that may own the marks.
Your use of the Services is subject to Gutsphere's Privacy Policy, which governs our collection and use of your personal information. By using our Services, you consent to the data practices stated in the Privacy Policy.
You agree to use Gutsphere's services for your personal, non-commercial use. You must provide accurate and current information about yourself when registering for services and keep this information up to date.
You agree not to use the Services to:
By agreeing to these Terms, you agree that any dispute or claim relating in any way to your use of the Services will be resolved through binding arbitration, rather than in court, except for certain small claims. You also waive any right to participate in class actions or class-wide arbitration.
You agree to pay all fees or charges to your account based on Gutsphere's fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing Gutsphere with your payment information, you agree that Gutsphere is authorized to invoice and charge your account for all applicable fees and charges.
Gutsphere may offer subscription-based services. By subscribing, you authorize Gutsphere to charge your payment method on a recurring basis for the subscription service until you cancel. You may cancel your subscription at any time, subject to the terms of our cancellation policy.
Any disputes under these Terms that cannot be resolved via our internal processes will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
You agree to waive any right to participate in class actions, class arbitrations, or any consolidation of individual arbitrations against Gutsphere.
Gutsphere, its affiliates, and its Providers will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services or these Terms.
You agree to indemnify, defend, and hold harmless Gutsphere, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services using your account.
Gutsphere reserves the right, in its sole discretion, to terminate your access to all or part of the Services, with or without notice, for any reason or no reason, including without limitation for breach of these Terms.
These Terms and your use of the Services will be governed by and construed in accordance with the laws of the jurisdiction in which Gutsphere operates, without giving effect to any choice or conflict of law provision or rule.
These Terms constitute the entire agreement between you and Gutsphere regarding the use of the Services, superseding any prior agreements between you and Gutsphere relating to your use of the Services.
For any questions or concerns about these Terms, please contact us at [email protected].
