AllerVision Tech Inc. Terms & Conditions of Service
Last Updated: February 19th, 2025
Welcome, and thank you for your interest in AllerVisionTech and AllerVision Tech Inc. (“Allervisiontech,” “we,” “us,” or “our”), and our website at www.Allervisiontech.com, along with our related websites, mobile applications, content, features, or resources made available or enabled through such websites or applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Allervision regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ALLERVISION’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND OUR PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY ALLERVISIONTECH AND BY YOU TO BE BOUND BY THESE TERMS.
YOU AGREE TO RECEIVE EMAILS/TEXTS/CALLS FROM OR ON BEHALF OF ALLERVISION AT THE PHONE NUMBER/EMAIL ID YOU PROVIDE TO US. THESE TEXTS/CALLS/EMAILS WILL INCLUDE INFORMATION TO ASSIST YOU IN DOWNLOADING OUR APPLICATION. YOU UNDERSTAND AND AGREE THAT THESE TEXTS/CALLS/EMAILS MAY BE CONSIDERED TELEMARKETING UNDER APPLICABLE LAW, THEY MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY, AND YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE.
Arbitration NOTICE. Except for certain kinds of disputes described in Section 17, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND ALLERVISIONTECH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
3.1 Accounts. To access most features of the Service, you must register for an account. When you register for an account, you must provide us with some information about yourself, such as your name, email address, or your account information on a third-party service (e.g., Google). You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at customersupport@allervisiontech.com
4.1 Price. We reserve the right to determine pricing for the Service. We will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our pricing page periodically for current pricing information. We may change the fees for any feature of the Service, including additional fees or charges, if we give you advance notice of changes before they apply. We, at our sole discretion, may make promotional offers with different features and different pricing to any of our customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
4.2 Authorization. You authorize AllerVisionTech to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by AllerVisionTech, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, then AllerVision may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
4.3 Subscription Service. The Service may include certain subscription-based plans with automatically recurring payments for periodic charges (“Subscription Service”). The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account (such period, the “Initial Subscription Period”), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a “Subscription Period”) unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, then you authorize AllerVisionTech or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. For information on the “Subscription Fee”, please see our pricing page. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic Subscription Fee to your account. AllerVisionTech or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us. You may cancel the Subscription Service through your device settings on an iOS device or the Google Play store on Android devices. Your cancellation must be received before the renewal date in order to avoid charge for the next subscription period.
4.4 Delinquent Accounts. AllerVisionTech may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then AllerVisionTech reserves the right to delete your account and any information or User Content (defined below) associated with your account without any liability to you.
5.1 Limited License. Subject to your full and ongoing compliance with these Terms, AllervisionTech grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license solely for your personal, non-commercial use to: (a) install and use one object code copy of any downloadable application provided by AllervisionTech (including the right to install and use one object code copy of the AllervisionTech mobile application on a mobile device that you own or control); and (b) access and use the AllervisionTech Service.
5.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including interfering with any security features or access control mechanism, disabling or circumventing features that prevent or limit use or copying of any Materials or other content, and reverse engineering or otherwise attempting to discover the source code of any portion of the Service. If you are prohibited under applicable law from using the Service, then you may not use it.
5.3 Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
7.2 Third-Party Services. We may provide tools through the Service that enable you to export information, including User Content (as defined below), to third-party services. By using one of these tools, you hereby authorize that we may transfer that information to the applicable third-party service. Third-party services are not under our control, and, to the fullest extent permitted by law, we are not responsible for any third-party service’s use of your exported information.
7.3 Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
8.1 User Content Generally. Certain features of the Service may permit users to submit, upload, publish, broadcast, or otherwise transmit (“Post”) content to the Service, including messages, reviews, photos, video, images, folders, data, text, and any other works of authorship or other types of works (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in these Terms.
8.2 Limited License Grant to Us. By Posting User Content to or via the Service, you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid right and license (with the right to sublicense, through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed, in connection with the provision, advertisement, marketing and promotion of the Service. You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from AllerVisionTech’s exercise of the license set forth in this Section.
8.3 Limited License Grant to Other Users. By providing User Content to or via the Service to other users of the Service, you grant those users, for their personal and non-commercial use, a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
8.4 You Must Have Rights to the Content You Post; User Content Representations and Warranties. You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. We disclaim any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:
8.5 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. We may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms , is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against us with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, we do not permit infringing activities on the Service.
8.6 Monitoring Content. We do not control and do not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that we reserve the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time we choose to monitor the content, we still assume no responsibility or liability for the content or any loss or damage incurred as a result of use of the content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy (as defined below). AllerVisionTech may block, filter, mute, remove or disable access to any User Content uploaded to or transmitted through the Service without any liability to the user who Posted such User Content to the Service or to any other users of the Service.
9.1 Text Messaging. You agree that AllerVisionTech and those acting on our behalf may send you text (SMS) messages at the phone number you provide us. These messages may include operational messages about your use of the Service, as well as marketing messages. text messages may be sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier. IF YOU WISH TO OPT OUT OF MARKETING/ TEXT MESSAGES FROM ALLERVISION, YOU CAN EMAIL CUSTOMERSUPPORT@ALLERVISIONTECH.COM OR TEXT THE WORD “STOP” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF ALL TEXT MESSAGES FROM FROM ALLERVISION, YOU CAN EMAIL CUSTOMERSUPPORT@ALLERVISIONTECH.COM OR TEXT THE WORD “STOPALL” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL MESSAGES MAY IMPACT YOUR USE OF THE SERVICE. You may continue to receive text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request. Your agreement to receive marketing texts is not a condition of any purchase on or use of the Service
9.2 Push Notifications. When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when you are not in the app. You can turn off notifications by visiting your mobile device’s “settings” page.
9.3 Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
11.1 Notification
We respect the intellectual property rights of others and take the protection of intellectual property rights very seriously. We encourage users of the Service to do the same. Any infringing activity will not be tolerated on or through the Service.
11.2 Procedure for Reporting Claimed Infringement
If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, please send a written "Notification of Claimed Infringement" to us, containing the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right being infringed;
b. A description of the copyrighted work or other intellectual property right that you claim has been infringed;
c. A description of the material that you claim is infringing and its location on the Service;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the use of the material on the Service is not authorized by the copyright or intellectual property right owner, its agent, or the law; and
f. A statement by you that the information in the notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.
Your Notification of Claimed Infringement may be shared with the user alleged to have infringed your rights and with publicly available databases tracking notifications of claimed infringement. You consent to these disclosures. Please consult your attorney or 17 U.S.C. § 512 for guidance on valid infringement notices.
11.3 Repeat Infringer Policy
Allervision’s intellectual property policy is to:
(a) Remove or disable access to material that we believe, in good faith, infringes the intellectual property of a third party; and
(b) Remove User Content uploaded by "repeat infringers," defined as users who have repeatedly been charged with infringing the rights of third parties. Allervision may terminate the account of any user after a single notification of claimed infringement or in its discretion based on a determination of repeated infringement.
11.4 Counter Notification
If you receive a notification from Allervision that material you posted has been removed due to a claim of infringement, you may submit a "Counter Notification." To be effective, the Counter Notification must include:
a. Your physical or electronic signature;
b. Identification of the material that has been removed and its location before removal;
c. A statement under penalty of perjury that you believe the material was removed due to mistake or misidentification; and
d. Your contact details, and a statement that you consent to the jurisdiction of the Federal District Court for your district or, if outside the U.S., any district in which Allervision is found, and that you will accept service of process from the claimant.
Consult your lawyer or 17 U.S.C. § 512 to ensure your Counter Notification complies with applicable laws.
11.5 Reposting of Content Subject to a Counter Notification
If you submit a Counter Notification, Allervision will promptly inform the claimant and may restore the removed content within 10-14 business days unless the claimant has filed a court order to prevent the restoration.
11.6 False Notifications of Claimed Infringement or Counter Notifications
Under 17 U.S.C. § 512(f), any person who knowingly submits a false claim of infringement or misrepresents that content was removed or disabled by mistake will be liable for any damages, including legal fees, incurred by the alleged infringer or a service provider as a result of the misrepresentation. Allervision reserves the right to seek damages from any party who submits a false Notification of Claimed Infringement or Counter Notification.
For clarity, Allervision may, at its discretion, disclose publicly any Notices of Claimed Infringement and Counter Notifications.
13.1 Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 13.2.
13.2 Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, we may, at our sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time by contacting customer service at customersupport@allervisiontech.com.
13.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) ) you must pay AllerVisionTech any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.3, 6, 8, 13.3, 14, 15, 16, 16.3 and 17.9 will survive. . You are solely responsible for retaining copies of any User Content you Post to the Service since upon termination of your account, you may lose access rights to any User Content you Posted to the Service. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.
13.4 Modification of the Service. We reserve the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service.
15.1 THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. ALLERVISIONTECH DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. ALLERVISIONTECH DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND ALLERVISIONTECH DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
15.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ALLERVISIONTECH ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE ALLERVISIONTECH ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
15.3 ALLERVISIONTECH DOES NOT PROVIDE ANY MEDICAL OR PROFESSIONAL DIETITIAN OR NUTRITIONIST SERVICES OR ADVICE. ALL INFORMATION AND SERVICES PROVIDED BY ALLERVISIONTECH ARE NOT INTENDED TO BE A SUBSTITUTE FOR ANY PROFESSIONAL SERVICE OR ADVICE. YOU SHOULD NOT DISREGARD THE ADVICE FROM A HEALTHCARE PROFESSIONAL OR DELAY IN SEEKING PROFESSIONAL ADVICE BECAUSE OF YOUR USE OF THE SERVICE. ALL INFORMATION AND SERVICES PROVIDED BY ALLERVISIONTECH ARE INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY. ALLERVISIONTECH DOES NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF ANY INFORMATION OR CONTENT PROVIDED ON OR THROUGH SERVICE, INCLUDING INFORMATION OR CONTENT OBTAINED FROM ANY THIRD PARTY, USERS OF ALLERVISIONTECH, OR PUBLIC DATABASE. YOU ACKNOWLEDGE AND AGREE THAT NONE OF THE INFORMATION OR CONTENT PROVIDED BY OR THROUGH ALLERVISION OR THE SERVICE HAS THE ABILITY TO DIAGNOSE, PRESCRIBE, OR PERFORM ANY TASK THAT CONSTITUTES THE PRACTICE OF MEDICINE OR PROFESSIONAL DIETITIAN OR NUTRITIONIST SERVICE OR ADVICE. IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH ALLERVISIONTECH OR THE SERVICE, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION. IF YOU SUSPECT THAT YOU MAY HAVE A MEDICAL EMERGENCY, SEEK MEDICAL ATTENTION OR CALL 911 IMMEDIATELY.
15.4. Force Majeure Clause: AllerVisionTech is not responsible or liable for any delays, interruptions, failures, or other issues with the Service caused by circumstances beyond our reasonable control, including but not limited to natural disasters, acts of God, war, terrorism, labor disputes, pandemics, government actions, power outages, network failures, cyberattacks, third-party service provider disruptions, or any other force majeure event. In the event of such circumstances, AllerVisionTech reserves the right to suspend or terminate the Service without liability to you. You agree to release AllerVisionTech from any claims, damages, or losses arising from or relating to such events.
15.5 Third-Party Data and Services: AllerVisionTech relies on third-party databases, integrations, and services to provide certain functionalities of the Service, including but not limited to allergen detection, product recalls, and ingredient information. While we strive to work with reputable third-party providers, AllerVisionTech makes no representations or warranties regarding the accuracy, reliability, completeness, or timeliness of information or services obtained from third-party sources. By using the Service, you acknowledge and agree that AllerVisionTech is not responsible or liable for any errors, omissions, or inaccuracies in such third-party data or for any consequences arising from your reliance on it. Your use of third-party services or data accessed through the Service is at your sole discretion and risk, and is subject to the terms and conditions of those third-party services.
15.6 No Guarantee of Outcomes: The Service is designed to assist users in identifying potential allergens in products and providing general informational support. However, AllerVisionTech does not guarantee the accuracy or completeness of allergen detection results or other outputs generated by the Service. The Service is not a substitute for reading product labels, consulting with healthcare professionals, or exercising due diligence in assessing product safety. You acknowledge and agree that any decisions you make or actions you take based on information provided by the Service are at your own risk. AllerVisionTech is not liable for any adverse outcomes, including but not limited to allergic reactions, health complications, or other damages, that may result from your reliance on the Service or any information provided through it.
15.7 Informational Use Only: The Service provided by AllervisionTech, including all materials, content, and functionalities, is intended solely for informational purposes to assist with the management of food allergies. The Service does not guarantee the complete safety of any products or actions based on its recommendations. You acknowledge that reliance on the Service is at your own risk and does not replace professional medical advice or consultation with healthcare professionals.
15.8 Manufacturer Information Limitations: The Service relies on ingredient information provided on product labels by manufacturers. AllervisionTech disclaims any responsibility for the accuracy, completeness, or timeliness of such ingredient information. In the event that a manufacturer fails to disclose or accurately declare ingredient information, the Service may not detect allergens, and AllervisionTech will not be liable for any resulting allergic reactions or other harm.
15.9 Recommendations and Label Verification: Any recommendations or results provided by the Service, including but not limited to allergen detection or product alternatives, are based on the data available at the time of use. It is your sole responsibility to independently verify all product labels, ingredient lists, and any other relevant information before making any decisions or purchases. The Service’s recommendations should not be relied upon as a sole determinant of product safety.
15.10 Database Limitations: The Service’s allergen detection and recommendations are based on a database that is subject to periodic updates. However, AllervisionTech does not warrant that the database is comprehensive, complete, or current. In the event of last-minute changes to a product's ingredients that have not yet been reflected in the database, such changes may not be detected by the Service, and you agree that AllervisionTech shall not be held liable for any unsafe products or allergic reactions resulting from such discrepancies.
15.11 Use of Large Language Models (LLMs): The Service utilizes large language models (LLMs) to assist in generating results based on user input. While the allergy-related data you provide is processed by these models, no personally identifiable information (PII) is shared with the LLMs. Only a generic user ID and allergy profile are used in the processing of data. AllervisionTech does not guarantee the accuracy or completeness of the results generated by LLMs, and you agree to use the Service at your own risk.
15.12 Language Limitations: The Service is optimized for use with English-language product labels and ingredient information. Results generated for products or labels in languages other than English may be inaccurate, incomplete, or unreliable. AllervisionTech disclaims any responsibility for the accuracy of allergen detection for non-English-language labels and encourages users to verify results with alternative resources if applicable.
15.13 Machine Learning and Image Quality: The Service employs machine learning algorithms to process images of product labels for allergen detection. The accuracy of allergen detection may be impacted by the quality of the images submitted. You acknowledge that low-quality images (e.g., blurry, poorly lit, or incomplete images) may result in inaccurate or incomplete allergen detection results, and AllervisionTech will not be held liable for any such discrepancies.
15.14 Incorrect Profile Matching for Alternatives: The Service may provide recommendations for allergen-free product alternatives based on user profiles. However, such recommendations are not guaranteed to be safe, as factors such as cross-contamination or undisclosed ingredients may affect the safety of these alternatives. You agree to independently verify the safety of any recommended alternatives before use, and AllervisionTech shall not be liable for any adverse outcomes resulting from reliance on these suggestions.
15.15 Wi-Fi Dependency: The Service requires an active Wi-Fi or cellular data connection to function properly. AllervisionTech does not guarantee uninterrupted, secure, or error-free service, and any instability in the Wi-Fi or cellular connection may affect the performance of the Service. You agree that AllervisionTech shall not be responsible for any issues, disruptions, or damages arising from network connectivity issues.
15.16 User Input Errors: You are solely responsible for providing accurate and complete information when entering allergen details or product information into the Service. Any errors or omissions in the data you provide may lead to inaccurate allergen detection results. AllervisionTech disclaims any responsibility for consequences arising from user input errors, including but not limited to allergic reactions or other health-related issues.
15.17 Changes in Recipe or Formulation: AllervisionTech does not guarantee that the database will be updated immediately when a manufacturer changes a product's recipe, formulation, or ingredients. If such changes occur before they are reflected in the database, the allergen detection feature of the Service may fail to identify allergens, and AllervisionTech shall not be liable for any consequences arising from the failure to detect such changes.
15.18 Questionable Ingredients: Certain ingredients, such as gelatin or natural flavors, may be flagged as "questionable" by the Service. It is your responsibility to independently verify the safety of these ingredients, as the Service may not be able to account for all variations or sources of these ingredients. AllervisionTech disclaims any liability for allergic reactions or other health-related issues arising from the use of products containing such questionable ingredients
15.19 THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION 15 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. We do not disclaim any warranty or other right that we are prohibited from disclaiming under applicable law.
16.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE ALLERVISION TECH ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ALLERVISIONTECH ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
16.2 EXCEPT AS PROVIDED IN SECTIONS 17.5 AND 17.6 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE ALLERVISIONTECH ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO ALLERVISIONTECH FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.
16.3 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
17.1 Generally. In the interest of resolving disputes between you and Allervisiontech in the most expedient and cost effective manner, and except as described in Section 17.2 and 17.3, you and Allervision agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ALLERVISIONTECH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
17.2 Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
17.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 17 within 30 days after the date that you agree to these Terms by sending an email to customersupport@allervisiontech.com., in each case specifying: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Allervisiontech receives your Opt-Out Notice, this Section 17 will be void and any action arising out of these Terms will be resolved as set forth in Section 18.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
17.4 Arbitrator. This arbitration agreement, and any arbitration between you and AllerVisionTech, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting us. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
17.5 Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Our email for Notice is: customersupport@allervisiontech.com.The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Allervisiontech may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or AllerVisionTech must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by us in settlement of the dispute prior to the award, we will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$1000.
17.6 Fees: If you commence arbitration in accordance with these Terms, we will reimburse you for the payment of the filing fee, unless your claim is for more than US$1,000 or if the Company has received 25 or more similar demands for arbitration. In such cases, the payment of any fees will be decided by the AAA Rules. Unless Allervisiontech and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. However, if the claim is for US$1,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance-based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes regarding the payment and reimbursement of fees or expenses at any time during the proceeding, upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
17.7 Arbitration Relief. Except as provided in Section 17.8, the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. The arbitrator’s award shall be final and binding on all parties, except: (1) for judicial review expressly permitted by law, or (2) if the arbitrator’s award includes injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction, which shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
17.8 No Class Actions. YOU AND ALLERVISIONTECH 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 PROCEEDING. Further, unless both you and AllerVisionTech agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
17.9 Modifications to this Arbitration Provision. If we make any future substantive change to this arbitration provision, other than a change to our address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration, in which case your account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
17.10 Enforceability. If Section 17.7 or the entirety of this Section 17 is found to be unenforceable, or if we receive an Opt-Out Notice from you, then the entirety of this Section 17 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 18.2 will govern any action arising out of or related to these Terms.
18.1 General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and AllerVisionTech regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
18.2 Governing Law. These Terms are governed by the laws of the Commonwealth of Pennsylvania without regard to conflict of law principles. You and AllerVisionTech submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Pittsburgh, Pennsylvania for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices Pittsburgh, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
18.3 Privacy Policy. Please read the AllerVisionTech Privacy Policy http://www.allervisiontech.com/privacy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The AllerVisionTech Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
18.4 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
18.5 Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
18.6 Contact Information. The Service is offered by AllerVisionTech Inc., located at 4620 Henry St, Pittsburgh, PA 15213. You may contact us by emailing us at customersupport@allervisiontech.com.
18.7 Notice to California Residents. If you are a California resident, Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us in writing at the address set above in the Notices section, or by telephone at 1-888-675-6892 (9am-8pm EST, Monday-Friday, 10am-6pm EST, Saturday-Sunday; subject to change)
18.8 No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
19.1 Consent to Share Consumption Data with Apple. By using our app and making in-app purchases, you consent to our sharing of data regarding your usage and consumption of purchased content with Apple, as part of our efforts to resolve refund requests. This information may include details about how you have accessed and interacted with the purchased content. The purpose of sharing this data is to help Apple make an informed decision regarding refund requests. We ensure that such data sharing is done in compliance with Apple’s policies and only as necessary to process your requests.
If you have any questions about these Terms, please feel free to contact us at customersupport@allervisiontech.com.
