Purpose. Molekule, Inc. (the “Company”) is a company established in the United States with a registered office at 1301 Folsom Street, San Francisco, CA 94103 USA, and for the purpose of applicable data protection laws, we are the data controller. Our GDPR representative in the European Union is IT Governance Europe Limited, a company incorporated in the Republic of Ireland with registered number 509421 and registered address 6th Floor, South Bank House, Barrow Street Dublin 4. Our GDPR representative in the United Kingdom is GRCI Law Limited, a company incorporated under the UK Companies Act with registered company number 11311669 and an office at Unit 3, Clive Court, Bartholomew’s Walk, Cambridgeshire Business Park, Ely CB7 4EA. For GDPR inquiries in the EU, please contact firstname.lastname@example.org; for UK inquiries, please contact email@example.com.
2. Information we collect and how we collect it
The categories of personal information we collect depend on whether you are a customer, user or visitor and the requirements of applicable law.
Completing Surveys. If you decide to participate, you may be asked to provide certain information, which may include personal information.
Engaging with Us on Social Media. We may offer opportunities to participate in forums, reviews, blogs, or social media pages. Any content you provide on these channels will be considered “public” and may be available to other users and the general public.
Information We Collect Automatically. We collect certain information automatically as you use our Services such as your IP address, browser type, computer or device type, unique device identifiers, operating system version, the website from where you navigated to our Site, time and date of using our Site, the pages on our Site that you view, and the name of your Internet service provider (ISP).
Location Information. We may collect and store information about your location. For example, when you visit or use our Site or App, we may approximate your location based on your IP address, or we may collect information about your location through GPS, WiFi, wireless network triangulation or other method if you allow the Services to access location services on your device. If you connect the Products to WiFi, we may collect location information based on WiFi or IP address. We may use this information to improve the Services and to personalize our Services for you. If you do not want us to collect location information, you may be able to adjust your browser or device settings to disable location collection, though we may still approximate your general location based on other data.
Communications with Us. If you contact us to inquire about our products, to join a mailing list, for product support, or register to receive a newsletter we may offer, we may collect your name, email address, phone number, and postal address when you request information about our Services.
Google Analytics and Other Analytics Providers[ML5]
We use Google Analytics via Tealium (www.tealium.com), a suite of services providing web analytics, and other analytics providers such as LinkedIn, Yahoo, Twitter, Bing, Impact Radius, GA Audiences, New Relic, Facebook, Hotjar, Live Intent, and Pinterest Conversation Tracker, to collect certain information relating to your use of the Services. For more information regarding Google Analytics please visit Google’s website, and pages that describe Google Analytics, such as www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout. We may also utilize certain forms of display advertising and other advanced features through Google Analytics, such as Remarketing with Google Analytics, Google Display Network Impression Reporting, the DoubleClick Campaign Manager Integration, and Google Analytics Demographics and Interest Reporting. These features enable Google Analytics to use information collected through Google advertising cookies or other third party cookies in addition to data collected through Google Analytics to inform, optimize, and display ads based on your past visits to the Services. You may control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences or by vising NAI’s online resources at http://www.networkadvertising.org/choices.
Information Collected Through Cookies and Similar Technologies:
Our uses of these technologies fall into the following general categories:
· Strictly/Operationally Necessary. This includes technologies that allow you access to our Services, applications, and tools that are required to identify irregular site behavior, prevent fraudulent activity and improve security or that allow you to make use of our functions such as shopping-carts, saved search, or similar functions;
· Performance Related. We may use technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how our visitors use the Services;
· Functionality Related. We may use technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed;
· Advertising or Targeting Related. We may use first party or third-party technologies to deliver content, including ads relevant to your interests, on our Services or on third party sites.
We may use third party APIs and software development kits (“SDKs”) as part of the functionality of our Services. APIs and SDKs may allow third parties including analytics and advertising partners to collect your personal information for various purposes including to provide analytics services and content that is more relevant to you. For more information about our use of APIs and SDKs, please contact us as set forth below.
3. How we use your information
To Provide Products, Services, and Information. As described above, we collect information from you so that we can provide products and Services that you purchase at the Site, and provide information that you request from us. Specific purposes include managing your information and accounts; responding to your questions, comments, and other requests; providing access to certain areas, functionalities, and features of our Services; communicating with you about your account, activities on our Services and policy changes; processing your financial information and other payment methods for products or Services purchased; processing applications and transactions; answering your requests for customer or technical support; auditing related to transactions, and allowing you to register for events, as applicable.
To Notify You About Products, Features, and Services. We may send you information about our products and Services, and new offerings using the contact information you provided us, in accordance with applicable laws. We may also provide you with customized materials about offers, products, and Services that may be of interest, including new content or Services; and other purposes you consent to, are notified of, or are disclosed when you provide personal information. As described below, you can change your preferences for receiving marketing communications at any time.
To Analyze and Improve our Services Pursuant to Our Legitimate Interest, such as: measuring interest and engagement in our Services; conducting research and development; developing new products and Services; ensuring internal quality control; verifying your identity and preventing fraud; detecting bugs or other software issues; preventing potentially prohibited or illegal activities; enforcing our terms and policies; and to comply with our legal obligations, protect your vital interest, or as may be required for the public good.
To Share Content with Friends or Colleagues. Our Services may offer various tools and functionalities. For example, we may allow you to provide information about your friends through our referral services. Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services.
To Use De-identified and Aggregated Information. We may use information about you to create de-identified and aggregated information, such as demographic information, generalized location information, information about computers or devices from which users access the Services, or other analyses we create. De-identified and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Services. We may use de-identified and aggregated information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. We may also share this information with third parties.
Notice Regarding Third Party Websites and Social Media Platforms. The Services may contain links to other websites, and other websites may reference or link to our website or other Services. These other websites are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.
4. Information we share
Vendors and Service Providers. We may share your personal information with vendors and service providers that provide services to us to enable us to provide the Services. As examples, these service providers help host our Site, send out email updates about the Site, provide shipping services for us, remove repetitive information from our user lists, and process payments. These service providers will have access to your personal information in order to provide these Services, but when this occurs we implement reasonable contractual and technical protections to limit their use of that information to help us provide the Services.
Marketing Partners. From time to time, and subject to applicable laws, we may share your personal information with third parties who may have products or services we think you may enjoy
Disclosures to Protect Us or Others. We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.
Legal Proceedings. We may access, preserve, and disclose your personal information if we have a good faith belief that doing so is required or necessary: (i) to comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) to respond to your requests; (iii) to protect your, our or others’ rights, property, or safety; (iv) to enforce our policies or contracts; (v) to collect amounts owed to us; (vi) or when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity.
Transfer in the Event of Sale or Change of Control. If the ownership of all or substantially all of our business changes or we otherwise transfer assets relating to our business or the Services to a third party, such as by merger, acquisition, bankruptcy proceeding or otherwise, subject to applicable laws, we may transfer or sell your personal information to the new owner. You will be notified by email and/or a notice placed on an affected online website or service of any such change in ownership, as well as any choices you may have regarding your personal information as a result of the transaction.
Your Consent. In addition to the sharing described elsewhere, we may share personal information with companies, organizations or individuals outside of the Company when we have your consent to do so.
5. Your privacy rights and accessing and modifying your information and choices
Mobile Devices. We may send you push notifications through our mobile application. You may adjust your push notification preferences by changing the settings on your mobile device. We may also collect location-based information if you use our Apps. You may enable or disable the collection of device location data by changing the settings on your mobile device. We may continue to approximate your location based on other information, such as IP address.
6. Online Advertising and Third Party Tracking
Through our Services, we may allow third party advertising partners to set technologies and other tracking tools to collect information regarding your activities and your device (e.g., your IP address, mobile identifiers, page(s) visited, location, time of day). We may also combine and share such information and other information (such as demographic information and past purchase history) with third party advertising partners , subject to applicable law. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit third party websites within their networks or on other devices you may use. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising.” We may allow access to other data collected by the Services to share information that may be useful, relevant, valuable or otherwise of interest to you.
You can learn more about targeted advertising and privacy and learn more about your choices at www.networkadvertising.org/managing/opt_out.asp, http://www.youronlinechoices.eu/, https://youradchoices.ca/choices/, and www.aboutads.info/choices/. To separately make choices for mobile apps on a mobile device, you can download DAA’s AppChoices application from your device’s app store. Alternatively, for some devices you may use your device’s platform controls in your settings to exercise choice, such as by selecting “limit ad tracking” (iOS) or “opt-out of interest based ads” (Android).
Please note that exercising your choices through the network advertising link above will only apply to interest based ads on that specific browser or device. You must separately opt out in each browser and on each device that you use. Some of these opt-outs may not be effective unless your browser is set to accept cookies. If you delete cookies, change your browser settings, switch browsers or computers or use another operating system, you will need to exercise those choices again.
Advertisements on third party websites that contain the AdChoices link may have been directed to you based on information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt out of the advertising partners’ use of this information for interest-based advertising purposes. Please note that if you choose to opt out, you will continue to see ads on our Site, but they will not be based on how you browse and shop.
Please also see the information above related to third party websites, social media platforms and SDKs.
Do Not Track. Although we do our best to honor the privacy preferences of our users, we are unable to respond to Do Not Track signals set by your browser at this time.
7. Services Not Directed to Children
Our Services are not directed to children, and we do not knowingly collect personal information from children. If we learn that we have collected personal information from children, we will promptly delete that information. If you believe we have collected personal information from your child, please contact us as described below.
9. Security of your information
We use physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. If you have reason to believe that your account or interaction with us is no longer secure, please immediately notify us in accordance with the “Questions and how to contact us” section below.
10. International privacy practices
The Site is operated and managed on servers that include those located and operated in the United States and other locations outside of the European Economic Area and the United Kingdom. If you are located in the EEA, UK or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.
For any transfers of EEA and UK consumer data to third parties outside the EEA or the UK, the data transfer will be under the European Commission’s Standard Contractual Clauses for the transfer of personal data to third countries, or any equivalent contracts issued by the relevant competent authority of the UK, as relevant, unless the data transfer is to a country that has been determined by the European Commission or the relevant UK authorities, as applicable, to provide an adequate level of protection for individuals’ rights and freedoms for their personal data.
12. EEA or UK user rights.
If you are located in the EEA or the UK, you have certain rights in relation to your personal data:
· Access: You have the right to access personal data we hold about you, how we use it, and who we share it with.
· Portability: You have the right to receive a copy of the personal data we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.
· Correction: You have the right to correct any of your personal data we hold that is inaccurate.
· Erasure: In certain circumstance, you have the right to delete the personal data we hold about you.
· Restriction of processing to storage only: You have the right to require us to stop processing the personal data we hold about you, other than for storage purposes, in certain circumstances.
· Objection: You have the right to object to our processing of your personal data.
· Objection to marketing: You can object to marketing at any time by opting-out using the unsubscribe/ opt-out function displayed in our communications to you.
· Withdrawal of consent: Where we rely on consent to process your personal data, you have the right to withdraw this consent at any time.
· Complaints: If you think we have infringed data protection laws, you can file a claim with the data protection supervisory authority in the EEA country in which you live or work or where you think we have infringed data protection laws, or with the UK Information Commissioner’s Office, as applicable to you.
13. Questions and how to contact us.
· via our Site here
· by email at firstname.lastname@example.org
· by mail at: 1301 Folsom Street, Attn: Legal Department, San Francisco, CA 94103 USA
· by phone (EU or UK): +44 1233 542810
Last updated: 22 November 2021
Terms & Conditions
Terms and Conditions – Consumers in the United Kingdom
Welcome to Molekule, Inc. (“Molekule”, “we” or “us”). We are registered in the United States and our registered office is at 1301 Folsom Street, San Francisco, CA 94103. Our VAT numbers are GB391128792, NL826492320B01 and DE346801020.
Please read these Terms and Conditions (the “Terms”) carefully because they govern your use of our online interfaces, including our mobile applications (our “Apps”) and websites owned and controlled by us, including www.molekule.uk [A1] (collectively referred to herein as the “Site”), and through the purchase and use of our products available on our Site (the “Products”). “You” and “your” when used in these Terms includes any person who accesses the Site and persons for whom you make a purchase of the Services. To make these Terms easier to read, the Site, the Products and the App are collectively called the “Services”. By using our Services, you agree to be bound by these Terms. Please read the Terms carefully as they affect your legal rights. If you don’t agree to be bound by these Terms, do not use any of our Services.
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site and indicate at the bottom of this page the date on which these Terms were last revised or through other communications at our sole discretion. If you continue to use the Services or if you purchase our Products after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services or purchase any Products anymore. Because our Products are still being developed and our Services are evolving over time, we may change or discontinue all or any part of the Services (including our Products), at any time and without notice, at our sole discretion.
You may order Products and use the Services only if you are 18 years or older and capable of forming a binding contract with Molekule and are not barred from using the Services under applicable law. To use certain features of the Services you’ll have to create an account (“Account”). It’s important that you provide us with accurate, complete and up-to-date information for your Account and you are responsible for updating such information, as needed, to keep it accurate, complete and up-to-date. You’re responsible for all activities that occur under your Account, whether conducted by you or by someone else with access to your Account. It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must promptly notify us at email@example.com.
Note that in order to manage your filter auto refills online, you’ll need to use the same email address you used to purchase your Molekule device.
The contract between Molekule and you will only be formed when we send you a confirmation of our acceptance of your order. We will confirm such acceptance of your order by email. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.
You will be charged at the time of your order unless we notify you otherwise. Some situations that may result in your order being refused or canceled include limitations on quantities available for purchase, inaccuracies or errors in our Products or pricing information, or problems identified by our credit and fraud avoidance department. We will contact you if all or any portion of your order is canceled. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) for the amount of the charge.
Delivery of Products
We will use reasonable commercial efforts to deliver the Products within the timelines estimated in the order form. You understand that all scheduled shipment dates and estimated shipment dates are estimates only. We’ll make reasonable efforts to meet the scheduled shipment dates, but in no event will we be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery. Title and risk of loss for Products purchased from our Services pass to the purchaser upon our delivery of the Products to the carrier.
In case of any unforeseen delay, Molekule will keep you updated and communicate progress using the email address associated with your Account. In the event of inconvenience due to any unforeseen delay in the timeline, please inform us here and we will make reasonable efforts to resolve your issue.
Refund & Cancellation Policy
You have 30 days from the shipment of your order to request a refund. Please see our return policy at https://molekule.uk/returns-and-warranty[A3] for more information and the complete terms and conditions for refunds.
Ownership of the Services
All contents of the Services, including without limitation, the text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available on or through the Services are collectively referred to as “Content”. The Services and Content, and all associated intellectual property rights are the sole and exclusive property of Molekule and/or its licensors, and may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Molekule. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
You understand and agree that the Services may include service announcements and administrative messages and you may not have the right to opt out of receiving these non-marketing announcements and messages. If you do not agree to receiving these non-marketing announcements and messages, you must stop accessing or using the Services.
Rights in App Granted by Molekule
Subject to your compliance with these Terms, Molekule grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify, publish, transmit, perform, display, in any way exploit, or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. The foregoing license grant is not a sale of the Apps or any copy thereof, and Molekule or its third-party partners or suppliers retain all right, title, and interest in the Apps (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in the Terms, is void. Molekule reserves all rights in and to the App not expressly granted to you under these Terms.
Rights in Content Granted by Molekule
Subject to your compliance with these Terms, Molekule grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content to the extent made available for such purpose(s) solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Additional Terms for Apps
To use our Apps on a mobile device, you must have a mobile device that is compatible with the Apps. Molekule does not warrant that the Apps will be compatible with your mobile device. You may use mobile data in connection with the Apps and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. You acknowledge that Molekule may from time to time issue upgraded versions of the Apps, and may automatically electronically upgrade the version of the Apps that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Apps is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. If the Apps are being acquired on behalf of the United States Government, then the following provision applies. The Apps will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Services and any accompanying documentation by the U.S. Government will be governed solely by these Terms and is prohibited except to the extent expressly permitted by these Terms.
Molekule may from time to time cause firmware updates to be automatically installed on your Product and update the Apps installed on your mobile device. These updates may include security or bug fixes, performance enhancements, or changes in functionality, and may be issued with or without prior notification to you. You hereby consent to such automatic updates.
Molekule takes every reasonable precaution and care in relation to our Site and Apps but we do not warrant that the provision of the Site and Apps or material displayed on them will meet your requirements, be uninterrupted, timely, secure or error-free, that defects will be corrected or that this Site is free of software viruses or bugs or other defects. You are responsible for configuring your information technology, computer programmes and platform to access the Services. You should use your own virus protection software.
You agree not to do any of the following:
· Use, display, mirror or frame the Services or any individual element within the Services, Molekule’s name, any Molekule trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Molekule’s prior express written consent;
· Distribute, transfer, license, or sell any of the Site or Apps (in whole or in part) or any derivative works thereof;
· Access, tamper with, or use non-public areas of the Services, Molekule’s computer systems, or the technical delivery systems of Molekule’s providers;
· Attempt to probe, scan or test the vulnerability of any Molekule system or network or breach any security or authentication measures;
· Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Molekule or any of Molekule’s providers or any other third party (including another user) to protect the Services or Content;
· Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Molekule or other generally available third-party web browsers;
· Use any meta tags or other hidden text or metadata utilizing a Molekule trademark, logo URL or product name without Molekule’s express written consent;
· Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
· Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
· Determine or attempt to determine any source code, methods, techniques or algorithms embodied in the Services or any derivative works thereof;
· Violate any applicable law, rule or regulation;
· Interfere with or attempt to interfere with the proper functioning of the Site (or any part thereof), disrupt any networks connected to the Site or Apps (or any part thereof), or bypass any measures we use or may use to prevent or restrict access to the Site (or any part thereof);
· incorporate the Site or Apps or any portion thereof into any other programme or product; or
· Encourage or enable any other individual, organization or entity to do any of the foregoing.
Links to Third Party Websites or Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.
You may link to our Site, provided you do so in a way that is fair and legal, is non-deceptive and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you. Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice.
We welcome feedback, comments and suggestions for improvements to our Products and Services (“Feedback”). You can submit feedback by contacting us here. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Molekule may offer certain discounts, promotions and free introductory services (such as filter refill packs) (collectively, “Deals”) to its customers from time to time. Please note that regardless of any offers of Deals, Molekule reserves the right to change the offer bundle over time without any prior notice. In addition, you acknowledge and understand that Molekule does not provide any warranty or refund/cancellation assurances on any of the Deals. Molekule also reserves the right to amend the Services or other policies around any components offered as a free or additional item along with the Product. The Deals are not interchangeable and cannot be traded off for monetary remuneration or in any other way.
Export Policy and Restrictions
You acknowledge that the Products, Apps and Content which are sold or licensed on the Services, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the Products or Apps are downloaded, manufactured and/or received. By purchasing, downloading or using technology or software from our Services, you agree to abide by the applicable laws, rules and regulations - including, but not limited to the Export Administration Act and the Arms Export Control Act - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By purchasing any Products or downloading any Apps, you agree that you will not use any Products or Apps, or provide Products or Apps to any person, who is forbidden from receiving the Products or Apps under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury, U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You agree to defend, indemnify and hold Molekule and its officers, directors, employees, agents and affiliates harmless from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.
We may suspend, block or terminate your access to and use of the Services, including your Account (unless you have purchased a Product, in which case we will ship your Product or refund you the purchase price as indicated above) if, to the extent permitted by applicable law, if you violate any laws, regulations, these Terms, and other policies applicable to your use of the Service.
You may cancel your Account at any time by contacting us as described below. Deletion of your Account means that you will not be able to log back into the Account, and you will need to create a new account if you wish to access the Services in the future.
If you are a consumer, you have statutory rights in relation to faulty Products. Nothing in these Terms affects your statutory rights. If you are resident in the UK, you can get advice about your legal rights from your local Citizens’ Advice Bureau or Trading Standards office.
Molekule warrants that for a period of two years from shipment, the Product will be free from defects in materials and workmanship under normal use in accordance with the documentation provided with the Product. In the event of a defect, visit Molekule at https://help.molekule.com/hc/en-us/requests/new [A5] for return instructions. Molekule’s policy is to honor product warranties only on products purchased directly from Molekule or from authorized Molekule resellers, and only if accompanied by a receipt or proof of purchase. A list of Molekule’s authorized resellers is available on Molekule’s website. If you purchase a Molekule product from an unauthorized dealer or if the original factory serial number has been removed, defaced or altered, your Molekule product warranty will be deemed invalid. Shipping charges may apply except where prohibited by applicable law.
Molekule’s sole obligation under this warranty will be at its option to repair or replace the Product and the replaced Product will be warranted for the remaining period of the original warranty. Replacement Products may contain new or refurbished parts. This warranty does not apply to Products damaged by misuse, accident, electrical disturbance or normal wear and tear. The Product is not designed for or warranted against damage from use in areas subject to extreme temperature, excessive moisture, or other inherently hazardous environments. ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THIS WARRANTY. EXCEPT FOR THE LIMITED EXPRESS WARRANTIES SET FORTH ABOVE, MOLEKULE DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.
Medical Advice Disclaimer
THE PRODUCTS ARE NOT INTENDED FOR USE IN THE TREATMENT OR MANAGEMENT OF ANY DISEASES OR CONDITIONS, AND SHOULD IN NO WAY BE CONSIDERED A REPLACEMENT FOR MEDICAL ADVICE AND ACTION IN ORDER TO CURE, TREAT, OR PREVENT DISEASES OF ANY NATURE.
Please seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. Molekule does not recommend or endorse any specific physicians, procedures, products (including our Products), opinions or other information that may be included on the Site; the same are only for informational purposes. Reliance on any information appearing on the Site, whether provided by Molekule, its content providers, the visitors to the Site or others, is solely at your own risk.
Limitation of Liability
NEITHER MOLEKULE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, PRODUCTS OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, PRODUCTS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MOLEKULE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL MOLEKULE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR PRODUCTS EXCEED THE AMOUNTS YOU HAVE PAID TO MOLEKULE FOR USE OF THE SERVICES OR PRODUCTS GIVING RISE TO THE LIABILITY DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE LIABILITY.
For the avoidance of doubt, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. In particular, nothing in these Terms shall:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
Governing Law and Jurisdiction
If you are a consumer in the European Union or the United Kingdom, these Terms and any non-contractual obligations arising out of, or in relation to them, shall be governed by and construed in accordance with the laws of England and Wales, subject only to any mandatory provisions of consumer law in the country in which you reside. The United Nations Convention on Contracts for the International Sale of Goods as well as any other similar law, regulation or statute in effect in any other jurisdiction shall not apply.
You and Molekule irrevocably agree that the courts of the country in which you reside shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.
Consumers in the European Union
If you are a consumer in the European Union, you may also raise the dispute with an alternative dispute resolution body via the EU Commission’s Online Dispute Resolution (ODR) Platform[A6] .
These Terms constitute the entire and exclusive understanding and agreement between Molekule and you regarding the Services (including Products and Deals) and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Molekule and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Molekule’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Molekule may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Molekule under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of sending will be deemed the date on which such notice is transmitted.
Molekule’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Molekule. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact Molekule at firstname.lastname@example.org, or Molekule, Inc., Attn: Legal Department, 1301 Folsom Street, San Francisco, CA 94103.
Terms and Conditions Last Updated: November 22, 2021
Molekule’s technology is covered by multiple U.S. and foreign patents, including those set forth below.
The appliance is not intended for use by persons (including children) with reduced physical, sensory or mental capabilities, or lack of experience and knowledge, unless they have been given supervision or instruction concerning use of the appliance by a person responsible for their safety. This appliance can be used by children aged 8 years and up, and persons with reduced physical, sensory, or mental capabilities or lack of experience and knowledge if they have been given supervision or instruction concerning use of the appliance in a safe way and understand the hazards involved. Children shall not play with the appliance. Cleaning and user maintenance shall not be made by children without supervision.
When your Molekule product reaches its end of life and you are intending to discard this product, it should be disposed of separately from your general commercial or household waste. If you do not recycle your product, then it is possible that it will end up in landfill and potentially impact the environment. We have labeled our Molekule products with the crossed-out wheeled bin label to help you identify electrical products that can be recycled. Please recycle these products responsibly to promote the sustainable reuse of material resources. To recycle your used product, please use the return and collection systems designated by your relevant authorities or contact the retailer where the product was purchased. They will be able to arrange for this product to be dealt with appropriately.