Terms and Conditions for Elemental

Last Updated: January 15, 2025

Welcome to Elemental!

These Terms of Service ("Terms") constitute a legally binding agreement between you and Elemental ("we," "us," or "our") governing your use of our health guardian mobile and web application available at https://elemental.top (the "Service").

By creating an account or using Elemental, you agree to these Terms. If you do not agree, you may not use our Service.

1. Description of Service

Elemental is a health guardian application that helps users identify harmful contaminants in everyday products. Our Service includes:

- Product barcode and QR code scanning
- Health scores and safety ratings for consumer products
- Access to contaminant data and lab reports
- Personal Pantry for tracking favorite products
- Product recall alerts and notifications
- AI Health Coach for personalized recommendations
- Community-powered product testing requests
- Integration with health tracking apps (Apple Health, Google Fit)
- Database of tested products and contaminant information

Elemental provides information for educational purposes and to help you make informed decisions. Our Service is not a substitute for professional medical advice.

2. Account Registration and Eligibility

2.1 Age Requirement
You must be at least 13 years old to use Elemental. If you are under 18, you represent that you have parental or guardian consent to use the Service.

2.2 Account Creation
To access certain features, you must create an account by providing:
- A valid email address
- Your name
- A secure password

You may also register using Google OAuth authentication.

2.3 Account Security
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized access

We are not liable for any loss or damage arising from your failure to protect your account.

2.4 Account Accuracy
You agree to provide accurate, current, and complete information and to update it as necessary to maintain its accuracy.

3. Subscription Plans and Pricing

3.1 Plan Tiers
Elemental offers three subscription tiers:

Free Plan ($0/month):
- Unlimited product scans
- Basic health scores
- Search product database
- Save up to 10 favorites
- Essential contaminant information

Core Plan ($4.99/month):
- Everything in Free
- Unlimited favorites
- Detailed contaminant breakdowns
- Access to full lab reports
- Push notifications for recalls
- Weekly health reports
- AI Coach basic access (20 questions/month)

Pro Plan ($9.99/month):
- Everything in Core
- Unlimited AI Coach conversations
- Upload your own lab reports
- Advanced exposure analytics
- Health app integration
- Community testing bounties
- Priority support
- Export detailed health data

3.2 Payment Terms
- Subscriptions are billed monthly or annually (if annual option is selected)
- Payments are processed via Stripe, our payment processor
- You authorize us to charge your payment method on a recurring basis
- Prices are in USD and may change with 30 days' notice

3.3 Free Trials
We may offer free trials of paid plans. If you do not cancel before the trial ends, you will be automatically charged for the subscription.

3.4 Automatic Renewal
Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date.

4. Cancellation and Refunds

4.1 Cancellation
You may cancel your subscription at any time through:
- Your account settings in the app
- Contacting support at bartzalewskidev@gmail.com

Cancellation takes effect at the end of your current billing period. You will retain access to paid features until that date.

4.2 Refund Policy
We offer full refunds within 7 days of your initial purchase if you are unsatisfied with the Service. After 7 days, subscriptions are non-refundable, but you may cancel to prevent future charges.

To request a refund, email bartzalewskidev@gmail.com with your account details and reason for the request.

4.3 No Partial Refunds
We do not offer prorated refunds for partial subscription periods.

5. Acceptable Use

You agree NOT to:

5.1 Prohibited Activities
- Use the Service for any illegal purpose or in violation of any laws
- Attempt to gain unauthorized access to our systems or other users' accounts
- Interfere with or disrupt the Service or servers
- Use automated scripts, bots, or scrapers to access the Service
- Reverse engineer, decompile, or disassemble any part of the Service
- Remove, alter, or obscure any proprietary notices
- Impersonate any person or entity
- Upload malicious code, viruses, or harmful content

5.2 Content Restrictions
- Do not upload lab reports or images that you do not own or have permission to share
- Do not submit false or misleading product information
- Do not use the Service to harass, abuse, or harm others
- Do not share content that is obscene, defamatory, or violates intellectual property rights

5.3 Enforcement
We reserve the right to investigate violations and take appropriate action, including:
- Suspending or terminating your account
- Removing prohibited content
- Reporting illegal activities to law enforcement
- Seeking legal remedies for damages

6. Intellectual Property Rights

6.1 Our Content
The Service, including all text, graphics, logos, icons, images, audio clips, data compilations, software, and the compilation thereof (the "Content") is the property of Elemental or its licensors and is protected by copyright, trademark, and other intellectual property laws.

6.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to:
- Access and use the Service for personal, non-commercial purposes
- View and interact with the Content as intended by the Service

6.3 User Content
You retain ownership of any lab reports, images, or other content you upload ("User Content"). By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to:
- Store and display your User Content within the Service
- Use your User Content to provide and improve the Service
- Anonymize and aggregate data from your User Content for research

You can delete your User Content at any time, which will terminate this license.

6.4 Restrictions
You may not:
- Copy, modify, or create derivative works of the Service
- Sell, resell, or commercialize the Service or Content
- Use the Service or Content to create a competing product
- Extract data through automated means (scraping, crawling)

7. Third-Party Services and Integrations

7.1 Third-Party Integrations
Elemental integrates with third-party services including:
- Stripe (payment processing)
- Google OAuth (authentication)
- Apple Health and Google Fit (health data syncing)
- OpenAI (AI Health Coach)

Your use of these services is governed by their respective terms and privacy policies. We are not responsible for the practices of third-party services.

7.2 External Links
The Service may contain links to external websites. We do not control and are not responsible for the content or practices of these websites.

8. Product Information and Disclaimers

8.1 Accuracy of Information
We strive to provide accurate, up-to-date contaminant data based on:
- FDA recall databases
- EU RASFF alerts
- Independent laboratory test results
- Municipal water quality reports
- Scientific research

However, we cannot guarantee the accuracy, completeness, or timeliness of all information. Product formulations may change, and testing methodologies vary.

8.2 Not Medical Advice
Elemental is an informational tool. It does not provide medical advice, diagnosis, or treatment. The Service is not a substitute for:
- Professional medical advice
- Consultation with healthcare providers
- Following instructions from medical professionals

Always seek the advice of a qualified healthcare provider with questions about your health or medical conditions.

8.3 No Warranties
The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:
- Warranties of merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy or reliability of results

9. Limitation of Liability

9.1 Disclaimer of Damages
To the fullest extent permitted by law, Elemental shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including:
- Loss of profits, data, or use
- Personal injury or property damage
- Health issues arising from product use based on our information
- Errors or omissions in Content
- Interruption or cessation of Service

9.2 Maximum Liability
Our total liability for any claims arising from your use of the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.

9.3 Exceptions
Some jurisdictions do not allow limitations on implied warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Elemental, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights
- Your User Content

11. Community Testing

11.1 Testing Requests
Pro plan users may request community-funded testing of products not yet in our database. By submitting a request:
- You confirm you have no financial interest in the product or its competitors
- You agree that results will be publicly available
- You understand testing timelines depend on community funding

11.2 Funding Contributions
Contributions to community testing campaigns are non-refundable once testing begins. If a campaign does not reach full funding within 90 days, contributions may be refunded or applied to alternative testing priorities.

11.3 Test Results
All test results are provided by accredited third-party laboratories. We publish results as received and do not alter or censor findings.

12. Data and Privacy

Your privacy is important to us. Please review our Privacy Policy at https://elemental.top/privacy-policy for detailed information on how we collect, use, and protect your data.

By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.

13. Termination

13.1 Termination by You
You may terminate your account at any time by:
- Deleting your account through the app settings
- Contacting support at bartzalewskidev@gmail.com

13.2 Termination by Us
We reserve the right to suspend or terminate your account immediately, without prior notice, if you:
- Violate these Terms
- Engage in fraudulent or illegal activities
- Abuse the Service or other users
- Fail to pay subscription fees

13.3 Effect of Termination
Upon termination:
- Your access to the Service will cease immediately
- Your User Content may be deleted (we do not guarantee retention)
- You remain liable for any outstanding fees
- Sections of these Terms that by nature should survive will remain in effect

14. Modifications to the Service

We reserve the right to:
- Modify, suspend, or discontinue any part of the Service at any time
- Change features, pricing, or subscription plans with 30 days' notice
- Update our product database and algorithms
- Implement new features or remove existing ones

We will make reasonable efforts to notify you of significant changes.

15. Modifications to These Terms

We may update these Terms from time to time. We will notify you of material changes via:
- Email to your registered email address
- In-app notification
- A notice on our website

Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service and cancel your account.

16. Governing Law and Dispute Resolution

16.1 Governing Law
These Terms are governed by the laws of the United States and the State of [Your State], without regard to conflict of law principles.

16.2 Dispute Resolution
Any disputes arising from these Terms or your use of the Service shall be resolved through:

Step 1: Informal Negotiation
Contact us at bartzalewskidev@gmail.com to attempt to resolve the dispute informally within 30 days.

Step 2: Binding Arbitration
If informal negotiation fails, disputes will be resolved through binding arbitration conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

16.3 Class Action Waiver
You agree to resolve disputes on an individual basis only. You waive any right to bring or participate in class actions, class arbitrations, or representative actions.

16.4 Exceptions
Either party may seek injunctive relief in court for:
- Intellectual property infringement
- Violations of confidentiality obligations
- Unauthorized access to systems

17. General Provisions

17.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Elemental regarding the Service.

17.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

17.3 No Waiver
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

17.4 Assignment
You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

17.5 Force Majeure
We are not liable for any failure or delay in performance due to causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet outages.

18. Contact Information

For questions about these Terms of Service:

Email: bartzalewskidev@gmail.com
Website: https://elemental.top
Address: [Company Address]

For urgent issues or account problems, use the in-app support feature or email us directly.

19. Acknowledgment

By using Elemental, you acknowledge that:
- You have read and understood these Terms
- You agree to be bound by these Terms
- You are legally able to enter into this agreement
- You will use the Service in compliance with all applicable laws

Thank you for choosing Elemental to help you make safer, healthier choices for you and your family!