Terms of Service

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SERVICE. YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH IM8 (US) LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms of service (these "Terms") apply to the purchase and sale of products and services through im8health.com (the "Website"). These Terms are subject to change by IM8 (US) LLC (referred to as “IM8”, "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Website, and you should review these Terms before purchasing any product that is available through this Website. Your continued use of this Website after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Website. You should also carefully review our Privacy Policy before placing an order for products through this Website. Other policies that apply to your order for products include: IM8 Shipping Policy, IM8 Returns Policy, IM8 Subscription Policy, IM8 Customer Service Policy, and IM8 Refer a Friend Policy, which are accessible on our Website and incorporated herein as part of these Terms. 

• Order Placement and Acceptance. Your order is expressly conditioned on acceptance of this Agreement. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us and we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between IM8 and you will not take place unless and until you have received your order confirmation email.


• If you order a product, payment must be received by IM8 prior to IM8’s acceptance of the order. IM8 may require additional information regarding your order if you have not provided all of the information required, and may cancel or limit an order any time after it has been placed. Once a properly completed order, your authorization, and a form of payment have been received, we will locate the product(s) you have ordered and arrange for shipment. All items are subject to availability. We will promptly inform you if the product(s) you have ordered are not available and we may offer you alternative product(s) of equal quality and value.


Non-Commercial Use Only. IM8 only accepts orders for non-commercial use. You cannot resell items offered on the Websites without IM8’s express written consent. If IM8 discovers that you are placing orders with the intent to resell items offered on the Websites or are otherwise using or intend to use the products inappropriately or illegally, we may immediately cancel your order, suspend or terminate your account, and pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as purchasing products through the use of fake or stolen cards, IM8 will also report you to federal, state and/or local enforcements authorities. It is your responsibility to understand and obey all applicable local, state, federal and international laws in regard to the possession, use and sale of any item purchased from this Websites. By placing an order, you represent that the products ordered will be used lawfully.

• Subscription Orders. IM8 offers consumers products that can be purchased through a subscription (“subscription”), which will automatically renew unless canceled. If you sign up for a subscription, you will be charged through the payment method you provide every 30 days, or at the delivery cadence of your choosing (“billing period”). You expressly agree that by submitting your initial order you accept and are agreeing to the terms of the auto-renewal offer and understand the Subscription Policy. 
• Cancellation of Subscription. You may cancel your subscription at any time. To avoid a recurring charge you must cancel your subscription by the last day of your billing period. If you wish to cancel your subscription, you may do so by contacting our customer happiness team at care@im8health.com. All cancellations are effective on the last day of billing period.
• Billing Information for Subscriptions. You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid. Changes to such information can be made on the customer portal or contacting a customer service representative.

• Price Changes. Please be aware that prices, availability and other purchase terms are subject to change. While we make every effort to ensure the accuracy of the information on the Websites and to correct errors once discovered, we are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. Any product on this Website at a particular time does not imply or warrant that these products will be available at any other time. If we discover an error has occurred after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.
• Tax or Charges for Shipping and Handling. The posted price does not include taxes or charges for shipping and handling. All such taxes and duties will be added to your merchandise total, and will be itemized in your shopping cart. 
• US Sales Tax. IM8 is required to collect applicable state and local sales tax on orders shipped to certain states within the United States. Taxes apply to most merchandise, but some states exclude certain items, like food products. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. IM8 is required to follow the rules of each state. Your final order total, as set out in the checkout page of your shopping cart, will include the appropriate state and local taxes.
• Payment Terms. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

• Please refer to the IM8 Shipping Policy for details on our shipping policy. Please also check the individual product page for specific delivery options. 
• You will be responsible for shipping and handling fees, which IM8 will add to your order during the checkout process. Unless otherwise noted, IM8 will use commercially reasonable efforts to ship products within a reasonable time after receipt of your completed order. Although IM8 may provide delivery or shipment timeframes or dates, you understand that those are IM8’s good-faith estimates and may be subject to change, and agree that time is not of the essence for the transactions contemplated under these Terms. You further understand that product availability may be limited and particular products may not be available for immediate delivery or at all, in which case the products will be delivered when they become available, or your order will be canceled. If your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 30 days from the date of receipt of your order, IM8 will use reasonable good faith efforts to contact you. If IM8 cannot contact you, you no longer wish to receive the item, or the item is not available, IM8 will cancel the order and promptly refund the amount you paid. You agree that your only remedy for non-delivery is the refund of the amount you paid.
• Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery provider. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
• Some countries may require additional documentation for customs clearance. Should any issues arise, please contact our customer service team for assistance. 

• Please refer to the IM8 Returns Policy for details on our returns policy. 
• We offer a 30-day satisfaction guarantee for first time purchases only. If you are not fully satisfied with our product on your first order, you can request a refund for your first order within 30 days of placing your first order with us by sending an email to care@im8health.com. In this e-mail you must include your name, your order number, the date of your purchase and your address and bank details. We will then let you know how and to which address you need to return your product to us in order to get your refund. You must return the product to us in order to get a refund. The refund will be transferred to your bank account within 6 weeks after receipt of the returned product. Please note that the shipping costs cannot be refunded to you.
• If you receive a damaged item or the wrong order, please contact our customer service team immediately. We will arrange for a replacement of the product or a refund.

IM8 reserves the right to discontinue or change the specifications, content, messaging, products, and other information. While IM8 strives to ensure that the Website is complete, accurate, and current, and to describe the items available on the Website as accurately as possible and to depict the most up to date packaging. However, IM8 does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive. If there is a discrepancy between a product described on the Website and the product you receive, or if the packaging differs, your only remedy is to return the product according to our Return Policy.

The information, including advice and recommendations, provided on this Website is not intended to serve as medical or healthcare advice, nor should it be used for medical diagnosis or treatment for any individual issue. It is also not a substitute for professional advice and services from a qualified healthcare provider who is familiar with your personal circumstances. Always seek the advice of your physician or another qualified healthcare provider regarding any medical condition before taking any dietary, nutritional, herbal, or similar supplement or product, or before starting any new treatment. Consult with a physician or other healthcare provider before using any IM8 products, especially if you are pregnant or nursing, anticipating surgery, taking any medications, have a known history of medical conditions or illnesses, or are otherwise under medical supervision. The statements made about the products, including those on this Website, have not been evaluated by the U.S. Food and Drug Administration (“FDA”). These products are not intended to diagnose, treat, cure, or prevent any diseases.

• You acknowledge and agree that IM8 is and will remain the sole and exclusive owner of all intellectual property rights in and to each product made available on this Website and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products made available through this Website, or of any intellectual property rights relating to those products.
• IM8TM is a trademark owned by IM8. All other trademarks and service marks displayed on the Websites are the property of IM8 or their respective owners. You may not use or display any trademarks or service marks owned by IM8 without IM8’s prior written consent. You may not use or display any other trademarks or service marks displayed on the Websites without the permission of their owners.
• It is IM8’s policy to respect the copyright and intellectual property rights of others. IM8 may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, IM8 may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, IM8 complies with the Digital Millennium Copyright Act. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please contact care@im8health.com with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Websites. You should identify the material with information reasonably sufficient to allow IM8 to locate the material; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury (e.g., notarized affidavit), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

• Except where inapplicable or prohibited by applicable law, our products are provided on an “as is” and “as available” basis, unless expressly set forth otherwise. Except as specifically provided, to the fullest extent permissible pursuant to applicable law, IM8 expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose and non-infringement. IM8 does not make any warranty that the Website will meet your requirements, or that access to the websites will be uninterrupted, timely, secure or error-free, or that it will be free of defect. IM8 makes no warranties as to the results that may be obtained from the use of the Website or the products or as to the accuracy, quality, or reliability of any information obtained through the Website.
• You understand that we provide information on the Website for informational purposes only. It is not meant as a substitute for the advice of a doctor or other health care professional. You should not use the information available on or through the Website for diagnosing or treating a medical condition. You should carefully read all product instructions prior to use. No advice or information, whether oral or written, obtained by you from IM8 or through the Website shall create any warranty not expressly made herein.

• We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website.

• To deliver our services to you, we may need to obtain your contact information. You agree that any contact information you provide to IM8, including but not limited to your mailing address, shipping address, email address, and phone number, is true and accurate. 
• By voluntarily providing your contact information to IM8, you expressly consent to receive communications from us or third parties acting on our behalf, including but not limited to, emails, pre-recorded voice messages, recurring automated marketing text messages, and/or autodialed calls (including text messages), any purchase or transaction with IM8, matters related to your account (including debt collection), and promotions regarding IM8 products. These communications may be made by or on behalf of IM8, even if your phone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls by your telephone carrier and that IM8 will not be responsible for these charges. In addition, you acknowledge that telephone calls to or from IM8 are monitored and recorded, and you agree to such monitoring and recording. Consent to receiving marketing text messages is not a condition to obtain our products or services. You may reply HELP for help and STOP to cancel or revoke your consent to receiving marketing text messages.
• Furthermore, you agree to provide IM8 notice within 30 days of any change to your contact information by emailing care@im8health.com.
• In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/im8store/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/im8store/privacy_policy).

• Except where otherwise inapplicable or prohibited by applicable law, you expressly understand and agree that under no circumstances will IM8, its officers, employees, directors, services providers, suppliers, agents or other representatives (collectively, “IM8 Parties”) be liable for indirect, special, incidental, or consequential damages. This includes without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services, or any other indirect, special, incidental, or consequential damages. This applies regardless of the manner in which damages are caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability) or otherwise resulting from (1) the use of, or the inability to use, the Website; (2) the use of, or the inability to use, items purchased on the Website; or (3) the cost of procurement of substitute services or items. In no event will IM8’s total liability to you for all damages, losses, or causes of action exceed the amount you have paid im8 in the last six (6) months.
• Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you or be enforceable with respect to you, and if you are a user from such jurisdictions, the foregoing sections titled “Disclaimer of Warranties” and “Limitation of Liability” are intended to be only as broad as is permitted under the laws of such jurisdiction. If any portion of these sections is held to be invalid under the laws of such jurisdiction, the invalidity of such portion will not affect the validity of the remaining portions of the applicable sections.

Except where otherwise inapplicable or prohibited by applicable law, to the fullest extent permitted by law, you agree to indemnify and hold harmless IM8 Parties from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation arising out of or relating to your breach of this Agreement.

Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within 10 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of 30 days following written notice given by it under this Section, either party may terminate this Agreement by written notice.

• All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware.

• YOU AND IM8 ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
• ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
• The arbitration will be administered by the American Arbitration Association in accordance with the Consumer Arbitration Rules then in effect, except as modified by this Section 6. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
• The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
• You agree to an arbitration on an individual basis. In any dispute, . The arbitral tribunal may not consolidate more than one person's claims, and mayNEITHER YOU NOR IM8 WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

• You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. 
• No assignment or delegation relieves you of any of your obligations under these Terms. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. 
• Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with IM8. No delay by IM8 in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy or shall affect IM8’s ability to subsequently exercise that right or remedy. Our order confirmation, these Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms. Any waiver must be agreed to by IM8 in writing. These Terms supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.

• To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
• To Us. To give us notice under these Terms, you must contact us by electronic mail to care@im8health.com.