Welcome to the Nima® Gluten Sensor, Gluten Detector website! We’re excited to have you here. Before you use our site and shop for our products, please read these Terms & Conditions carefully.
Overview
By accessing and using this website and any affiliated sites, applications, tools, communication channels, and services (the “Services”), you agree to comply with and be legally bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use this website or any of the Services.
We may update these Terms & Conditions from time to time. Any changes will be effective immediately upon posting the revised version. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms & Conditions. If you do not agree to the new terms, please stop using the Services.
Privacy Policy
Please refer to our Privacy Policy which explains how we collect, use, and disclose information from you. By accessing or using the Services, you consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy.
Using Our Services
Eligibility: The Services are intended solely for users who are 18 years of age or older. Any access to or use of the Services by anyone under the age of 18 is unauthorized, unlicensed and in violation of these Terms & Conditions. By accessing or using the Services you represent and warrant that you are 18 years of age or older.
Lawful Purposes: You may use the Services only for lawful purposes and in accordance with these Terms & Conditions. You agree not to use the Services:
- In any way that violates any applicable federal, state, local or international law or regulation.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate us, one of our employees, another user or any other person or entity.
- In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or users of the Services or expose them to liability.
Purchasing Products: You agree that all details you provide to complete any purchase or transaction are accurate and complete. You are responsible for maintaining the confidentiality of your account information and password, and for restricting access to your mobile device to prevent unauthorized access to your account. You agree to accept responsibility for all purchases made through your account.
We reserve the right to refuse service, cancel orders, or terminate accounts without prior notice. Some situations that may result in cancellation of your order or account include inaccuracies in your account information, unauthorized or illegal activity, or violations of these Terms & Conditions.
Shipping & Delivery: When you purchase a physical product through the Services, the shipment, delivery and transfer of risk of loss will be arranged or provided by us and handled pursuant to the shipping details provided during the checkout process. We ship most orders within 1-2 business days after the order is placed. Delivery times vary based on your selected shipping method and delivery address.
We may require an adult signature for delivery of products. Should the product become lost or damaged during shipment, we will initiate a claim process with the carrier and arrange a replacement or refund as appropriate based on outcome of the claim. We are not liable for lost shipments when the carrier indicates proof of delivery.
Returns & Refunds: If you are not completely satisfied with your purchase, you can return most new and unused products within 30 days of delivery for a full refund. For hygiene reasons, we do not accept returns on test capsules once packaging has been opened. Custom and personalized products are final sale and non-refundable.
To initiate a return, contact us at [email protected] or submit a return request through your account. We will provide return instructions or initiate the return and issue a refund accordingly. You are responsible for return shipping costs unless the return is due to our error or a defective product. Applicable sales tax will be refunded. Refunds are generally issued within 3-5 business days after the return is received.
Content Ownership: The Services contain content owned or licensed by us, including but not limited to designs, text, graphics, logos, button icons, images, audio clips, code, interfaces, and software (“Content”). This Content is protected by copyright, trademark and other laws. We grant you a limited license to access and use the Services for your own personal use subject to these Terms & Conditions. However, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Content in whole or in part except as expressly authorized by us.
User Content
We may provide you with opportunities to post reviews, comments, photos, videos, and other content (“User Content”). You retain full ownership of your User Content. However, by submitting User Content, you grant us an unconditional, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content worldwide.
You agree that you will not post or transmit any User Content that is illegal, threatening, harmful, tortious, defamatory, libelous, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains improper nudity, pornography or profanity. We reserve the right, but not the obligation, to monitor disputes between you and other users, remove, block access to or edit User Content, cancel orders or terminate accounts in our sole discretion.
Intellectual Property
Our trademarks, service marks, trade names, logos and domain names (collectively “Trademarks”) displayed on the Services are our registered and unregistered Trademarks or those of our affiliates or third parties who have licensed their Trademarks to us. Nothing on the Services should be construed as granting any license or right to use any Trademark displayed on the Services without our prior written permission. Your use of the Trademarks displayed on the Services is strictly prohibited.
The Nima Gluten Sensor device and associated mobile application software are protected by U.S. and international copyright laws. We grant purchasers of our products a limited license to use the software solely in conjunction with Nima products. You may not copy, modify, distribute, sell or lease any part of the software, sensors or devices. Doing so will void your limited license.
We require proper attribution for use of any portion of the Services. Please contact us at [email protected] for more information.
Your Account
You are responsible for safeguarding your username and password for the Services. You agree to accept responsibility for all activities that occur under your account. Please contact us immediately if your account information is lost or stolen.
We reserve the right to suspend or terminate your account if you violate these Terms & Conditions, abuse the Services, or use the Services in a way not intended or permitted by us. We also reserve the right to change, suspend or discontinue all or any part of the Services without notice.
Indemnification
You agree to indemnify, defend and hold us and our partners, agents, employees, directors, subsidiaries, affiliates, successors, assigns, third party suppliers, licensors, and partners harmless from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from: (a) your use of the Services; (b) your violation of these Terms & Conditions; (c) your violation of the rights of any other person or entity; or (d) any other matter relating to the Services.
Disclaimers
Medical Disclaimer: The Nima Gluten Sensor is designed to detect gluten in food, but no allergen detection devices are 100% reliable. Do not rely on our products alone to make decisions regarding the ingestion of food or beverages which may contain gluten or cause adverse reactions. The Services do not provide medical or healthcare advice, which should be obtained from a licensed medical professional.
No Warranties: THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS AND PRODUCTS ON THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT YOU ARE REQUIRED TO EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SERVICES. WE SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES.
Limitation of Liability: OUR MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES IS LIMITED TO THE GREATER OF TEN DOLLARS ($10) OR THE AMOUNT PAID BY YOU TO US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO US OVER THE PREVIOUS TWELVE MONTHS.
Dispute Resolution
Governing Law: These Terms shall be governed by the laws of the State of California without regard to conflict of law principles. Any legal action regarding these Terms or use of the Services must be filed in a state or federal court located in San Francisco, California, and you consent to exclusive jurisdiction and venue in such courts.
Mandatory Arbitration: Any dispute or claim relating to these Terms or the Services shall be resolved by confidential binding arbitration, rather than in court, except you may assert claims in small claims court if eligible. The U.S. Federal Arbitration Act and U.S. Federal arbitration law apply to this agreement. Arbitration will be handled by the American Arbitration Association or JAMS. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (1) no arbitration or proceeding shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Submissions & Privacy: Do not submit any information through the Services that you consider confidential or proprietary. If you provide feedback, ideas, or suggestions regarding the Services, they will not be considered confidential, and we may use them without compensation or attribution to you. Please review our Privacy Policy for how user information is handled.
For European Union Users: If you live in a country in the European Union, you are entitled to the rights under the General Data Protection Regulation (GDPR) regarding your personal data collected and processed through the Services. Refer to our Privacy Policy for details about what information we collect, process, store and share.
Contact Us
If you have any questions about these Terms, please contact us at:
Nima Labs, Inc.
[email protected]
San Francisco, CA 94105
These Terms & Conditions were last updated on March 1, 2023.