Terms of service

Overview

This website is operated by iFungi BioHealth, a division of iFungi, Inc. Throughout the site, the terms “we,” “us,” and “our” refer to iFungi BioHealth. iFungi BioHealth offers this website—including all information, tools, and services available from this site—to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms of Service” or “Terms”), including any additional terms, conditions, and policies referenced herein or available via hyperlink. These Terms apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the current store will also be subject to the Terms of Service. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates or changes to our website. It is your responsibility to check this page periodically for updates. Your continued use of or access to the website following any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that enables us to sell our products and services to you.

Mobile Terms of Service

The iFungi BioHealth mobile messaging service (the “Service”) is operated by iFungi BioHealth, a division of iFungi, Inc. (“iFungi BioHealth,” “we,” or “us”). Your use of the Service constitutes your agreement to these Mobile Terms. We reserve the right to modify or discontinue the Service or any of its features at any time without notice. To the extent permitted by applicable law, we may also update these Mobile Terms at any time, and your continued use of the Service after changes take effect constitutes your acceptance of those changes.

Consent to Receive Messages
By subscribing to iFungi BioHealth’s SMS/text messaging service, you consent to receive recurring messages from or on behalf of iFungi BioHealth at the mobile number you provided, including updates, alerts, order confirmations, account notifications, promotional offers, and marketing communications. These messages may be sent using automated technology, including autodialers. Your mobile number may still receive messages even if registered on a national or state Do Not Call list.

Participation in this service is completely voluntary and not a condition of purchase. You do not have to opt in to the messaging service to place an order with us.

Charges and Responsibility
iFungi BioHealth does not charge for this Service. However, message and data rates may apply based on your mobile carrier plan. Message frequency may vary. Please consult your wireless provider for details about your specific plan. You are solely responsible for any costs associated with receiving or sending SMS/text messages.

Opt-Out Instructions
You may opt out of the Service at any time by texting STOP to (+49) 818703 2412 or by clicking the unsubscribe link (when available) in any text message. After opting out, you’ll receive a confirmation text and no further messages will be sent unless initiated by you. If you are subscribed to multiple iFungi BioHealth messaging programs, you will need to opt out of each individually.

Help and Support
For assistance, text HELP to (+49) 818703 2412 or email us at hello@ifungi.com.

Number Changes
We may update or change the phone number or short code used to send messages. If you send a request (e.g., STOP or HELP) to a number we no longer use, we are not responsible for processing that request.

Carrier Disclaimer
Wireless carriers are not liable for delayed or undelivered messages.

User Obligations
You agree to provide a valid mobile number and update it if your number changes. Failure to do so may result in undelivered messages.

Limitation of Liability
To the extent permitted by law, iFungi BioHealth is not liable for delayed, failed, or misdirected messages, any errors in the content of the messages, or actions you take or do not take based on the information provided via the Service.

Privacy
We respect your privacy. For information on how we collect and use personal data, please review our Privacy Notice.

Online Store Terms

By agreeing to these Terms of Service, you confirm that you are either the age of majority in your state or province of residence, or that you are the age of majority and have provided consent for any of your minor dependents to use this site.

You agree not to use our products for any unlawful or unauthorized purpose, and you must not violate any applicable laws in your jurisdiction while using the Service, including but not limited to copyright laws.

You are strictly prohibited from transmitting any worms, viruses, or any code of a destructive nature.

Any breach or violation of these Terms will result in the immediate termination of your access to the Service.

General Conditions

We reserve the right to refuse service to anyone, at any time, for any reason.

You acknowledge that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions across various networks and (b) modifications to meet the technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, or access to the Service—or any contact on the website through which the Service is provided—without our express written permission.

Headings in this agreement are included for convenience only and do not affect the interpretation of these Terms.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is inaccurate, incomplete, or outdated. The material provided is for general informational purposes only and should not be relied upon as the sole basis for making decisions. You should consult primary, more accurate, complete, or timely sources of information before making any decisions. Any reliance on the content of this site is at your own risk.

This site may contain historical information, which is provided for reference only. Historical content is not necessarily current and should not be considered up to date. We reserve the right to modify the contents of this site at any time, but we are under no obligation to update any information. You agree that it is your responsibility to monitor changes to our site.

Modifications to the Service and Prices

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service—or any part of its content—at any time, without prior notice.

We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.

Products or Services (if applicable)

Certain products or services may be available exclusively online through our website. These items may be available in limited quantities and are subject to return or exchange only in accordance with our Refund Policy.  Refund Policy.

We strive to display the colors and images of our products as accurately as possible. However, we cannot guarantee that your device’s display will reflect colors with complete accuracy.

We reserve the right—but are not obligated—to limit the sale of our products or services to any individual, geographic region, or jurisdiction. This right may be exercised on a case-by-case basis. We also reserve the right to limit quantities of any products or services we offer.

All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service on this site is void where prohibited.

We do not guarantee that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, nor do we guarantee that any errors in the Service will be corrected.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. At our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order.

These restrictions may apply to orders placed under the same customer account, the same credit card, and/or orders using the same billing or shipping address. If we modify or cancel an order, we may attempt to notify you using the email, billing address, or phone number provided at the time the order was placed. We also reserve the right to limit or reject orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all transactions made on our site. You also agree to promptly update your account details, including your email address, credit card number, and expiration date, to ensure we can process your orders and contact you when necessary.

For more information, please refer to our Refund Policy

Optional Tools

We may provide access to third-party tools over which we have no control, oversight, or input. You acknowledge and agree that any such tools are provided on an “as is” and “as available” basis, without warranties, representations, or conditions of any kind and without any endorsement.

We shall not be liable for any issues, losses, or damages arising from or related to your use of these optional third-party tools.

Your use of any optional tools offered through the site is entirely at your own risk and discretion. It is your responsibility to ensure that you are familiar with and accept the terms provided by the relevant third-party provider(s).

We may also introduce new services and/or features through the website in the future, including additional tools and resources. These new features and/or services will also be subject to these Terms of Service.

Third-Party Links

Certain content, products, and services available through our Service may include materials from third parties. Third-party links on this site may direct you to external websites that are not affiliated with us.

We do not review or evaluate the content or accuracy of third-party materials, and we make no warranties or representations regarding them. We are not responsible or liable for any third-party content, websites, materials, products, or services.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions conducted through third-party websites.

We strongly encourage you to review the third party’s policies and terms before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.

User Comments, Feedback and Other Submissions

If, at our request, you submit certain content (e.g., contest entries), or if you voluntarily send us creative ideas, suggestions, proposals, plans, or other materials—whether online, by email, postal mail, or otherwise (collectively, “comments”)—you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use such comments in any medium. We are under no obligation to (1) keep any comments confidential, (2) provide compensation for any comments, or (3) respond to any comments.

While we may—but are not obligated to—monitor, edit, or remove content that we determine, at our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service, we assume no obligation to do so.

You agree that your comments will not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain any defamatory, unlawful, abusive, or obscene content, or any computer virus or other malware that could affect the operation of the Service or any related website.

You may not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for the content and accuracy of your comments. We assume no responsibility and accept no liability for any comments posted by you or any third party.

Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, our site or Service may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.

We reserve the right to correct any such errors, inaccuracies, or omissions, and to update or change information—or cancel orders—if any information in the Service or on any related website is inaccurate at any time, without prior notice (including after you have submitted your order).

We are under no obligation to update, amend, or clarify information in the Service or on any related website, including but not limited to pricing information, except as required by law.

Any stated update or refresh date in the Service or on any related website should not be interpreted to mean that all information has been modified or is current.

Prohibited Uses

In addition to the other prohibitions outlined in these Terms of Service, you are prohibited from using the site or its content for any of the following purposes:

(a) for any unlawful purpose
(b) to solicit others to engage in unlawful acts
(c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
(f) to submit false or misleading information
(g) to upload or transmit viruses or any other type of malicious code that could affect the functionality or operation of the Service, any related website, other websites, or the Internet
(h) to collect or track the personal information of others
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape
(j) for any obscene or immoral purpose
(k) to interfere with or circumvent the security features of the Service, any related website, other websites, or the Internet

We reserve the right to terminate your access to the Service or any related website if you violate any of the above prohibited uses.

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent, or warrant that your use of the Service will be uninterrupted, timely, secure, or error-free. We do not guarantee that the results obtained from using the Service will be accurate or reliable. You acknowledge that we may suspend or discontinue the Service at any time, without notice.

You expressly agree that your use of—or inability to use—the Service is at your sole risk. The Service and all products and services delivered through it (unless otherwise expressly stated by us) are provided “as is” and “as available,” without any representations, warranties, or conditions of any kind, either express or implied. This includes, but is not limited to, implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no event shall iFungi's Mushrooms, or its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages—whether based in contract, tort (including negligence), strict liability, or otherwise—arising from your use of the Service or any products obtained through it. This also includes any other claim related in any way to your use of the Service or any product, including but not limited to errors or omissions in any content, or any loss or damage incurred from the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of the possibility.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification
You agree to indemnify, defend, and hold harmless iFungi, Inc., along with our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any claims, demands, liabilities, damages, losses, or expenses—including reasonable attorneys’ fees—arising out of or related to your breach of these Terms of Service or any documents referenced herein, or your violation of any law or the rights of a third party.

Severability
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall still be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms, and such a determination shall not affect the validity or enforceability of the remaining provisions.

Termination

Any obligations or liabilities incurred by either party prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service will remain in effect unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or by discontinuing use of our site.

If, in our sole judgment, you fail to comply—or we suspect that you have failed to comply—with any provision of these Terms, we may terminate this agreement at any time without notice. In such cases, you will remain liable for all amounts due up to and including the date of termination, and we may also deny you access to our Services (or any part thereof).

Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service, along with any policies or operating rules posted by us on this site or in connection with the Service, constitute the entire agreement and understanding between you and us. They govern your use of the Service and supersede any prior or contemporaneous agreements, communications, or proposals—whether oral or written—between you and us, including any prior versions of these Terms.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law
These Terms of Service, and any separate agreements under which we provide you with services, shall be governed by and construed in accordance with the laws of Canada.

Changes to Terms of Service

You may review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting revisions to our website. It is your responsibility to review the Terms periodically for any changes. Your continued use of or access to the website or the Service after any updates are posted constitutes your acceptance of those changes.

Contact Information
Questions about the Terms of Service should be sent to us at hello@ifungi.com