These “Terms of Service” constitutes a legal agreement (the/this “Agreement”), between you (“you”, “User”, “user”, and “your”) and PharmAllergy LLC, an Oklahoma limited liability company (“PharmAllergy”, “we”, “us”, and “our”), that becomes effective when you automatically accept them in order to either access and/or register for access to/for a web-domain address, whether with or without the prefix of “https://www.”, of “pharmallergy.ai” (including, and with automatic redirection/routing from other web addresses for, “pharmallergy.com”, “pharmallergy.info”, and/or “pharmallergy.net”) (collectively, the “Site”). Please read these Terms of Service carefully, thoroughly, and in their entirety as the Terms of Service limit our potential liability to you and restrict your ability to bring actions against us in connection with your use of the services provided by PharmAllergy. If a Services “Agreement” has been signed between the User and PharmAllergy, the defined terms and conditions of said Services Agreement are incorporated by reference, and said Services Agreement shall be further governed by these Terms of Service; if a separate URL has been provided to the User, then said separate URL shall be included in the definition of the “Site” (“Separate URL”).
Utilizing the “Site” would allow users, i.e. pharmacists, physicians, individuals, and others (“Users”) to become better informed through a web portal in order to access and query numerous publicly-available FDA databases (“Databases”) to identify potential drug, allergen, food, supplement, and vaccine interactions for both active and inactive ingredients (the “Services”). PharmAllergy is a developer of the software that provides the Services (the “Software”). The Services shall include the Site, Content (defined hereinafter), Software (defined hereinafter), and the Portal (defined hereinafter).
Defined Terms for these Terms of Service:
Subject to your ongoing compliance with these Terms of Service, as may be amended from time to time, and maintenance of your Account, including any subscription fees (“Fees”), if and to the extent applicable, relating to your Account, you receive a limited, non-exclusive and non-transferable, personal, non-commercial license to use the features and functionality of the Site, Software, and Content that are then made potentially available to you by us through the Portal (the “License”).
1. Privacy and Security
1.1 We know that the privacy and security of your information is important to you, and we agree that any information you provide to PharmAllergy (or that you direct or authorize to be transferred to the Servers) in connection with either the creation of your Account or your subsequent use of the Services will be stored, used, and shared by PharmAllergy only as permitted and described in our privacy policy regarding the protection, use, and disclosure of personal information (“Privacy Policy”). Included in the Privacy Policy you will find information about secure connections to the Portal, as well as information on the secure connection technology we use when data is transferred to or from the Servers.
1.2 By creating and using your Account, you are certifying to us that you have read and understood the Privacy Policy and that you authorize us to use and disclose your personal information as described in the Privacy Policy.
2. Account Creation, Use of the Services, Term, Term Extension, and Fees
2.1 Only persons in the United States who are 18 years of age or older are authorized to create, access, and use an Account. To create your Account, you will be required to provide certain personal information. You agree that you will provide only current and accurate information when creating and using your Account.
2.2 When you create your Account, you will be required to establish a username and password for the account. You should not share your username or password information with anybody, and you should take precautions to protect that information from discovery by others.
2.3 You agree that you are responsible for all activity that occurs through use of your Account, and you agree to notify PharmAllergy immediately of any unauthorized use of your Account password or of your Account that you discover. To notify us of such unauthorized use, contact us at help@pharmallergy.ai to report the incident.
2.4 The term of the subscription for a License by a given User for the Services facilitated through the Site and/or through any Services Agreement shall be on an annual basis unless specified otherwise in writing in the Content and/or a separate Services Agreement (“Term”). Unless an Account is cancelled or terminated in accordance with the terms of this Agreement prior to the expiration of a given Term, then, at the end of a given Term, the Term shall be automatically extended and renewed for successive periods of one-year each (each being a “Term Extension”). At the beginning of any Term Extension, the then-current Fee(s) for the License associated with said Term Extension shall be automatically due and payable to PharmAllergy, and PharmAllergy shall be authorized to immediately charge any credit card then on file (with PharmAllergy for the Account) for those Fee(s); the failure to immediately pay any Fee(s) due and payable for a given License shall result in the immediate termination of the License for the associated Account. Any Fee(s) paid by or on behalf of the User shall be non-refundable; any cancellation or termination of an Account in accordance with this Agreement shall immediately terminate the License and shall correspondingly result in the automatic forfeiture of any Fee(s) previously paid for the License, and no refund of any previously paid Fee(s) shall be due for said Account.
3. Third-Party Websites
3.1 When using the Services, clicking on certain links, if provided and if applicable, will redirect you to websites that are operated and controlled by organizations other than PharmAllergy (“Third-Party Website(s)”). The Services also may possibly contain or potentially allow you to create links to additional Third-Party Websites. Such links, if so provided or so allowed, would be solely for your convenience and would not imply any endorsement of the content and material that might be found on such Third-Party Websites.
3.2 PharmAllergy does not control Third-Party Websites, and, if applicable, we are not responsible for the content and performance of such sites or for the security or privacy practices of the organizations that operate them. To learn about the security, privacy or use of any information that you see or provide when connected to, if applicable, any Third-Party Website, you should review any privacy policy that is available on said Third-Party Website, or contact the organization that operates said Third-Party Website.
3.3 Your use of Third-Party Websites, if provided or if allowed, is strictly at your own risk, including but not limited to any risks associated with destructive viruses or with your use or reliance upon information you might obtain through such Third-Party Websites. You are solely responsible for viewing and abiding by the terms and conditions of use and the privacy statements of the, if provided or if allowed, Third-Party Websites and to review and assess the secure nature of your connection to any Third-Party Website.
4. Restrictions; No Unlawful Activities or Unauthorized Uses
4.1 PharmAllergy grants a limited license to each user to make personal use only of the Services in accordance with these Terms of Service. Any commercial use of the Services is expressly prohibited.
4.2 You agree not to use the Portal or the Services for any illegal or harassing activities, and you agree to comply with all applicable laws, regulations, and ordinances, including any laws regarding the export of data or software, when using the Services.
4.3 You agree not to use or attempt to use the Services to access any, if provided or if allowed, Third-Party Website or any other PharmAllergy account on which you are not a properly registered and an authorized account user.
4.4 You agree not to engage in any activity intended to disable or interfere with the operation of the Portal, the Services, and/or the Servers.
4.5 With the exception of the personal data and information that you provide when registering for or using the Services (whether directly or through transfers from other organizations, persons, or devices that you authorize), PharmAllergy owns or has a license to utilize the content and all software, other than publicly-available open-source software applications, contained in or underlying the Services (collectively, the “Content”). The Content is protected by U.S. and international copyright law and conventions and other laws protecting intellectual property. Your license, through your Account, to utilize the Services and access the Content is limited and expressly excludes, without limitation, any reproduction, duplication, sale, resale, or other commercial use of the Services, or making any derivative work of the Content, Portal, and/or the Services.
4.6 The information you see, view, access, and can learn from using the Services (other than the personal data and information you provide when registering and using the Services) includes confidential information, copyrighted information, proprietary information, and trade secrets that are owned by PharmAllergy regarding the functionality and design of the Site, the Content, and the Services (collectively, “Proprietary Information”). You agree that you will not disclose or use such Proprietary Information other than as may be necessary in connection with your proper, permitted, appropriate, and non-commercial use of the Site, the Content, and the Services for their intended purpose.
4.7 You agree not to disassemble, decompile, or reverse engineer any of the Content and/or the Services, including the underlying Software. Direct or indirect reproduction of the Content and/or the Services, including any displays in/on the Portal, in whole or in part, by any means, is prohibited without our express written consent, except as expressly permitted herein or as accomplished through appropriate use of the Services themselves.
4.8 You also agree that you will not remove, obscure, or alter any “proprietary rights” notices, including trademark, service mark, and copyright notices, that appear on the Portal or when using the Services.
5. The Services source information from the Databases which relate to the identification of potential drug, allergen, supplement, food, and vaccine interactions for both active and inactive ingredients (“Public Databases”). PharmAllergy makes no warranty, whatsoever, about the accuracy, completeness, effectiveness, trustworthiness, or reliability of the information sourced from those Databases in providing or in your accessing of the Services; the Services function only to search for, organize, and display potentially relevant information of/from those Databases to aid in your reference to same for awareness when you access the Services.
6. Personal Information
6.1 When registering for an Account and when using the Services, you may provide personal information about yourself, possibly including personal health information (“Personal Information”), which Personal Information would be stored on the Servers.
6.2 Your use of the Services is voluntary. The Services are offered only for your convenience as, effectively, a “search” engine for identifying and displaying information in/of/from Databases.
6.3 DISCLAIMER. THEREFORE, WITH REGARD TO ANY PERSONAL INFORMATION THAT YOU PROVIDE THROUGH YOUR ACCOUNT AND/OR IN ACCESSING/UTILIZING THE SERVICES (WHETHER BY YOU OR ANYONE ELSE USING YOUR USERNAME AND PASSWORD OR YOUR ACCOUNT), YOU AGREE THAT YOU FOREVER WAIVE ALL CLAIMS AND ACTIONS OF ANY KIND AGAINST THE PERSON OR ORGANIZATION, INCLUDING PHARMALLERGY, RELATING TO AN ASSERTION THAT THE USE OF YOUR PERSONAL INFORMATION WAS NOT AUTHORIZED BY YOU OR THAT THE TRANSFER/CONVEYANCE OF YOUR PERSONAL INFORMATION VIOLATED ANY LAW OR REGULATION PERTAINING TO THE PROTECTION AND PRIVACY OF THE DATA OF/IN YOUR PERSONAL INFORMATION THAT WAS TRANSFERRED/CONVEYED.
6.4 To utilize functionality within the Services you will need to provide a valid username and password for your Account. Whenever you provide us with the username and password information for an Account, and each time you access/utilize functionality within the Services, you are certifying to us that you are the registered user of that Account and that you are properly authorized to use the username and password you provided. You are solely responsible for all activity that occurs through use of your Account.
6.5 With regard to any transfer of data or information to or from the Servers over the “Internet”, you acknowledge that, although PharmAllergy uses data integrity and secure “Internet” connection technology which is generally regarded to be reliable, no system/technology can perfectly guard against risks of inadvertent/unauthorized disclosure of information or intentional intrusion. When using the features of the Services that involve the transfer of data, including Personal Information, over the Internet, such data and Personal Information will be transmitted over a medium that is beyond the control of PharmAllergy and the contractors and agents of PharmAllergy. YOU HEREBY EXPRESSLY ASSUME THE SOLE RISK OF ANY INADVERTENT/UNAUTHORIZED DISCLOSURE OF INFORMATION OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF DATA, PERSONAL INFORMATION, AND/OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE SERVICES AND/OR THROUGH THE PORTAL, INCLUDING WITHOUT LIMITATION ANY SUCH OCCURRENCE THAT MIGHT RESULT FROM VIRUSES, MALWARE, SPYWARE, OR OTHER MALICIOUS SOFTWARE WHETHER SUCH MALICIOUS SOFTWARE RESIDES ON YOUR COMPUTER OR THE SERVERS.
7. Additional Warranty Disclaimers
7.1 PharmAllergy provides the Services to you for your convenience and without warranty of any kind. Accordingly, you acknowledge and agree that PharmAllergy is not responsible in any way, whatsoever, for the completeness or accuracy of any data or information made available to you through the Services and/or sourced from the Databases.
7.2 THE SERVICES AND THE CONTENT, MATERIALS, AND INFORMATION AVAILABLE ON/THROUGH THE PORTAL ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. PHARMALLERGY SPECIFICALLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE SITE/PORTAL, CONTENT, AND/OR SERVICES. NOR DO WE PROVIDE ANY WARRANTY REGARDING THE SECURITY OR AVAILABILITY OF THE SERVICES OR THE PORTAL, OR THAT THE CONTENT AND/OR SERVICES ARE FREE FROM ERROR, OR REGARDING TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PRESENTED DURING YOUR USE OF THE SITE/PORTAL, CONTENT, AND/OR SERVICES.
8. Limitation of Liability
8.1 EXCEPT AS EXPRESSLY PROVIDED BELOW, PHARMALLERGY WILL NOT BE LIABLE TO YOU FOR ANY LOSS (EITHER TANGIBLE OR INTANGIBLE) OR DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE SITE/PORTAL, CONTENT, AND/OR SERVICES, YOUR USE OF THE SITE/PORTAL, CONTENT, AND/OR SERVICES, OR OTHERWISE RELATED TO THIS AGREEMENT. PHARMALLERGY SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, REGARDLESS OF HOW THE DAMAGES ARE INCURRED OR THE THEORY OF LIABILITY. THESE LIMITATIONS ON THE LIABILITY OF PHARMALLERGY EXPLICITLY APPLY TO CLAIMS BASED UPON ANY ALLEGED NEGLIGENCE BY PHARMALLERY. THESE LIMITATIONS ON THE LIABILITY OF PHARMALLERGY ALSO APPLY REGARDLESS OF WHETHER PHARMALLERY HAD BEEN ADVISED OF OR IS/WAS AWARE OF THE POSSIBILITY THAT SUCH LOSSES OR DAMAGES MAY OCCUR.
8.2 The only damages that may be potentially recoverable by you under this Agreement are direct damages up to the amount of money you have paid PharmAllergy for the Services in the twelve months preceding the event giving rise to direct damages.
8.3 The limitations on the liability of PharmAllergy to you contained in this Agreement apply even if the remedy available to you fails of its essential purpose or does not fully compensate you for any losses or damages.
8.4 The intention of the limitations stated in this Agreement is to disclaim any liability of PharmAllergy whatsoever to you pertaining to your voluntary use of the Services and/or the Portal. If any provision in this Agreement limiting PharmAllergy’s potential liability to you is determined to be unenforceable by a court or other legal authority with jurisdiction to decide the matter, such determination shall not preclude the application of other, enforceable, limits that would preclude or limit the same liability, and, to the extent any liability against PharmAllergy might exist because of such a determination, that liability shall be capped at no more than USD100 in total or the actual amount of the damages determined, by final order, to be recoverable, whichever is less.
8.5 Some applicable laws might impose restrictions regarding the extent to which certain warranties may be disclaimed or to which certain damages may be limited in some circumstances. Accordingly, some of the warranty disclaimers and liability limits set forth in this Agreement may not apply to you. You agree nonetheless that all such disclaimers as are permitted by applicable law shall apply to you, and that PharmAllergy’s liability to you shall be otherwise limited to the maximum extent permitted by applicable law.
8.6 Separate URL. If a Separate URL has been established for a User, the associated User will be provided with, and accepts all responsibility for, administrative rights for the Account to review, monitor, audit, administer, and manage any sub-users under the Account under/through the Separate URL (“Administrative Responsibilities”); the associated User shall designate and assign a person to personally, regularly, and repeatedly undertake and actively discharge the Administrative Responsibilities under the Account relating to the access and use of the Site, Software, and Services by any sub-users under the User’s Account consistent with and subject to this Agreement.
9. Indemnification of PharmAllergy by You
9.1. You agree to defend, indemnify, and hold PharmAllergy harmless from any third-party claims arising out of or related to your use of the Services and/or the Portal and/or any use of/through the Separate URL.
10. Governing Law; Venue, and Jurisdiction
10.1 This Agreement shall be governed and construed under the laws of the State of Oklahoma in the United States, without regard to Oklahoma’s conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement in any circumstance.
10.2 You agree that the state and federal courts located in Tulsa County in the State of Oklahoma shall have exclusive jurisdiction and venue over any claim or action under this Agreement and over any action related in any way to our operation or your use of the Services and/or the Portal, and you agree to submit to the personal jurisdiction of such courts. Notwithstanding the foregoing, you agree that PharmAllergy may seek injunctive remedies (or equivalent legal relief) against you in any jurisdiction with regard to any breach by you of the terms of this Agreement.
10.3 A failure by PharmAllergy to enforce any provision of this Agreement, or a waiver by PharmAllergy of any breach of this Agreement, shall not act as a bar to subsequent enforcement of such provision or be deemed a waiver of any subsequent breach.
11. Changes to the Terms of Service.
11.1 PharmAllergy may change the Terms of Service at any time by posting a subsequent version on the Portal. You are responsible for periodically reviewing the Terms of Service as they appear on the Portal and to discontinue your Account and your use of the Services and/or the Portal in the event you do not agree to any changes that have been made to the Terms of Service. You agree that your continued use of the Services and/or the Portal following any such changes constitutes your acceptance of the new Terms of Service, regardless of whether we have provided any notification to you that the Terms of Service have changed.
11.2 PharmAllergy, in its sole and absolute discretion, may change any of the Content associated with the Services, including our “Privacy Policy”, by posting updated versions of such Content on the Site and the Portal at any time. As with the Terms of Service, you have sole responsibility to periodically review the associated Content for changes, and you agree that your continued use of the Services following any changes to the associated Content constitutes your acceptance of all such changes in such Content.
12. PharmAllergy’s Right to Change or Discontinue the Services, or Your Use Thereof
You agree that at any time PharmAllergy, in its sole discretion and absolute judgment, and without limitation or prior notice to you, may cease providing the Services and/or the Portal and make any changes, whatsoever, to the features and functionality available through the Services and/or the Portal. You also agree that PharmAllergy may terminate your access to the Services and your Account without prior notice to you for any reason that PharmAllergy deems, in its sole discretion and absolute judgment, appropriate for undertaking such action, including, but not limited to, your breach of any provision of this Agreement.
13. Your Right to Discontinue Use of the Services.
If at any time you want to stop using Services, if you elect to do so, you would delete your Account and thereby terminate your access to the Services. To learn more about what happens to any data and Personal Information associated with your Account after being deleted, please refer to our Privacy Policy.
14. Survival of Terms and Severability
14.1 In the event PharmAllergy chooses to discontinue or terminate the Services, or your access to and use thereof through your Account, or you choose to discontinue your use of the Services and delete your Account (each being a “Termination”), then your right to use the Services and/or the Portal shall immediately cease; notwithstanding, all sections of this Agreement which would be reasonably applicable to your Account and your use of the Services and/or the Portal prior to such Termination will survive such Termination.
14.2 All provisions of this Agreement are intended to apply to the maximum extent permitted by law. If any provision (or part of any provision) of this Agreement is held to be invalid or unenforceable by any court or other authority with jurisdiction to make such a determination, then such provision (or part) will be deemed removed from this Agreement, but all other terms and conditions will remain in full force and effect; notwithstanding, you further agree that, to the extent legally permissible, any provision (or part of any provision) of this Agreement so removed shall be replaced with another provision designed to achieve a result as near as possible to that of the provision (or part) so removed to the maximum extent permitted by law.
15. Entire Agreement
This Agreement, together with the Privacy Policy and all other disclaimers on the Site, constitutes the entire agreement between you and PharmAllergy regarding the Services, the Content, and the Portal, and supersedes all prior agreements, representations, or understandings relating to the subject. Only PharmAllergy is authorized to make any changes or modifications to the terms of this Agreement which shall be instituted through and effectively immediately upon the posting of subsequent versions of this Agreement on the Site and/or Portal.
Communications via email over the “Internet” are not secure. A possibility exists that any information you include in an email can be intercepted and read by other parties besides the person to whom it is addressed. Please do not include Personal Information, including but not limited to your birth date and/or your personal medical information, in any emails you send to us. The information you access and receive through the Services and/or the Portal cannot and should not supersede and/or replace your consulting of and seeking the advice from your medical physician and/or healthcare practitioner.