Last updated: October 22, 2024

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Application means the software program provided by the Company downloaded by You on any electronic device, named Dr. Shada Functional Medicine.
• Application Store means the digital distribution service operated by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) through which the Application has been downloaded.
• Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares or voting securities.
• Account means a unique account created for You to access our Service or parts of our Service.
• Country refers to: California, United States.
• Company ("the Company", "We", "Us" or "Our") refers to Attraplsi Medical Corp, 451 W Enterprise Ave.
• Content refers to text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of form.
• Device means any device that can access the Service such as a computer, cellphone, or digital tablet.
• Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
• Free Trial refers to a limited period that may be free when purchasing a Subscription.
• Goods refer to items offered for sale on the Service.
• In-app Purchase refers to the purchase of a product, item, service, or Subscription made through the Application, subject to these Terms and/or the Application Store's own terms.
• Orders mean a request by You to purchase Goods from Us.
• Promotions refer to contests, sweepstakes, or other promotions offered through the Service.
• Service refers to the Application or the Website or both.
• Subscriptions refer to services or access to the Service offered on a subscription basis.
• Terms and Conditions ("Terms") mean these Terms that form the entire agreement between You and the Company regarding use of the Service.
• Third-party Social Media Service means any services or content provided by a third party that may be displayed, included, or made available by the Service.
• Website refers to Dr. Shada Functional Medicine, accessible from https://drshadafunctionalmedicine.com/.
• You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement between You and the Company. These Terms set out the rights and obligations of all users regarding use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms, which apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms. If You disagree with any part of these Terms, You may not access the Service.

You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Company's Privacy Policy, which describes how We collect, use, and disclose Your personal information. Please read Our Privacy Policy carefully before using Our Service.

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order, including without limitation Your name, email, phone number, credit card number, card expiration date, billing address, and shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and (ii) the information You supply to Us is true, correct, and complete. By submitting such information, You grant Us the right to provide it to payment processing third parties to facilitate completion of Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for reasons including but not limited to: Goods availability; errors in the description or price of Goods; or errors in Your Order. We also reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Your Order Cancellation Rights

Any Goods You purchase can only be returned in accordance with these Terms and Our Returns Policy, which forms part of these Terms. Your right to cancel an Order only applies to Goods returned in the same condition as You received them, including all instructions, documents, and wrappings. Goods that are damaged, not in the same condition as received, or worn beyond opening the original packaging will not be refunded — please take reasonable care of purchased Goods while in Your possession.

We will reimburse You no later than 14 days from the day We receive the returned Goods, using the same means of payment You used for the Order, at no additional cost to You.

You will not have the right to cancel an Order for: Goods made to Your specifications or clearly personalized; Goods which by their nature are not suitable for return, deteriorate rapidly, or are past their expiry date; Goods unsuitable for return due to health protection or hygiene reasons once unsealed after delivery; Goods that become inseparably mixed with other items after delivery; or digital content not supplied on a tangible medium once performance has begun with Your prior express consent and acknowledgment of loss of cancellation right.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods on the Service. Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays updating this information. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services, and reserve the right to change, update, or correct this information at any time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order. Prices may also be revised after accepting an Order due to events affecting delivery — such as government action, customs duty changes, increased shipping charges, or foreign exchange costs — beyond the Company's control. In that event, You will have the right to cancel Your Order.

Payments

All Goods purchased are subject to a one-time payment, made through available methods such as Visa, MasterCard, Affinity Card, American Express, or online payment methods (e.g., PayPal). Payment cards are subject to validation checks and authorization by Your card issuer; if We do not receive required authorization, We will not be liable for any delay or non-delivery of Your Order.

Subscriptions

Subscription Period

The Service or parts of it are available only with a paid Subscription. You will be billed in advance on a recurring, periodic basis (daily, weekly, monthly, or annually) depending on the Subscription plan You select. At the end of each period, Your Subscription automatically renews under the same conditions unless You or the Company cancel it.

Subscription Cancellations

You may cancel Your Subscription renewal through Your Account settings or by contacting the Company. You will not receive a refund for fees already paid for Your current Subscription period, and You will retain access until the end of that period. If purchased through an In-app Purchase, You can cancel renewal through the Application Store.

Billing

You must provide accurate and complete billing information, including full name, address, state, ZIP code, phone number, and a valid payment method. If automatic billing fails, the Company will issue an electronic invoice requiring manual payment by a certain deadline. If the Subscription was made through an In-app Purchase, billing is handled entirely by the Application Store under its own terms.

Fee Changes

The Company may modify Subscription fees at its sole discretion. Any change becomes effective at the end of the then-current Subscription period, with reasonable prior notice given to allow You to terminate Your Subscription before the change takes effect. Continued use of the Service after the fee change constitutes agreement to the new fee.

Refunds

Except where required by law, paid Subscription fees are non-refundable. Certain refund requests may be considered case-by-case at the Company's sole discretion. If the Subscription was made through an In-app Purchase, the Application Store's refund policy applies — contact the Application Store directly to request a refund.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period. You may need to enter billing information to sign up; if You do, You will not be charged until the trial expires, at which point You will be automatically charged the applicable Subscription fee unless You cancel beforehand. The Company reserves the right to modify or cancel any Free Trial offer at any time without notice.

In-app Purchases

The Application may include In-app Purchases for products, services, or Subscriptions. These can only be consumed within the Application, cannot be cancelled once download has begun, and cannot be redeemed for cash or otherwise transferred. If an In-app Purchase fails to download or work correctly, We will investigate and, where reasonable, provide a replacement or patch at no charge; where this isn't possible within a reasonable time, We will authorize the Application Store to refund the purchase amount. All billing and transaction processes for In-app Purchases are handled by the Application Store under its own terms — please contact the Application Store directly for payment-related issues.

Promotions

Any Promotions offered through the Service may be governed by separate rules. Please review applicable rules and Our Privacy Policy before participating. If Promotion rules conflict with these Terms, the Promotion rules will apply.

User Accounts

When You create an account, You must provide accurate, complete, and current information at all times; failure to do so constitutes a breach that may result in immediate termination of Your account. You are responsible for safeguarding Your password and for all activity under it, and must notify Us immediately of any breach of security or unauthorized use. You may not use a username that belongs to another person or entity, infringes a trademark, or is otherwise offensive, vulgar, or obscene.

Content

Your Right to Post Content

Our Service allows You to post Content, and You are responsible for its legality, reliability, and appropriateness. By posting Content, You grant Us the right and license to use, modify, publicly perform and display, reproduce, and distribute it on and through the Service. You retain Your rights to any Content You submit and are responsible for protecting them. This license includes Our right to make Your Content available to other users, who may also use it subject to these Terms.

You represent and warrant that: (i) the Content is Yours or You have the right to use it and grant these rights; and (ii) posting Your Content does not violate the privacy, publicity, copyright, contract, or other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service's users. You are solely responsible for the Content and all activity under Your account. You may not transmit Content that is unlawful, offensive, upsetting, threatening, libelous, defamatory, obscene, or otherwise objectionable, including but not limited to content that: promotes unlawful activity; is defamatory or discriminatory (including regarding religion, race, sexual orientation, gender, or national/ethnic origin); constitutes spam or unauthorized advertising; contains viruses, malware, or other harmful code; infringes proprietary rights; impersonates any person or entity; violates privacy; or contains false information.

The Company reserves the right, but not the obligation, to determine whether Content is appropriate, and to refuse, remove, edit, or reformat it, and may limit or revoke Your use of the Service for posting objectionable Content. As the Company cannot control all content posted by users, You agree to use the Service at Your own risk and acknowledge the Company is not liable for any content, including errors, omissions, loss, or damage resulting from Your use of it.

Content Backups

Although regular backups are performed, the Company does not guarantee against loss or corruption of data, which may result from content corrupted before backup or changed during the backup process. The Company will attempt to troubleshoot known backup issues but has no liability for the integrity of Content or failure to successfully restore it. You agree to maintain a complete, independent copy of any Content You post.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others and respond to claims that Content posted on the Service infringes a copyright or other intellectual property right. If You are a copyright owner (or authorized to act on one's behalf) and believe Your copyrighted work has been infringed through the Service, submit a written notice to our copyright agent at [email protected], including a detailed description of the alleged infringement. You may be held accountable for damages, including costs and attorneys' fees, for misrepresenting that Content is infringing.

DMCA Notice and Procedure

You may submit a notification under the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent, in writing, with: an electronic or physical signature of the person authorized to act on the copyright owner's behalf; a description of the copyrighted work claimed to be infringed, including its URL or a copy of the work; identification of the URL or location on the Service of the allegedly infringing material; Your address, telephone number, and email address; a statement of Your good-faith belief that the disputed use is unauthorized; and a statement, under penalty of perjury, that the information is accurate and that You are or are authorized to act on behalf of the copyright owner. Contact our copyright agent at [email protected]. Upon receipt, the Company will take whatever action it deems appropriate, including removing the challenged content.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors, protected by copyright, trademark, and other laws of the Country and foreign countries. Our trademarks and trade dress may not be used without the Company's prior written consent.

Your Feedback to Us

You assign all rights, title, and interest in any Feedback You provide to the Company. If such assignment is ineffective for any reason, You grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party websites or services not owned or controlled by the Company. The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any such sites or services, and shall not be liable for any damage or loss caused by or in connection with Your use of or reliance on them. We strongly advise You to read the terms and privacy policies of any third-party sites You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages You might incur, the entire liability of the Company and its suppliers under these Terms, and Your exclusive remedy, shall be limited to the amount actually paid by You through the Service, or 100 USD if You haven't purchased anything through the Service. To the maximum extent permitted by law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever, even if advised of the possibility of such damages. Some jurisdictions do not allow these exclusions, so some limitations may not apply to You; in such cases, liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided "AS IS" and "AS AVAILABLE," with all faults and defects, without warranty of any kind, to the maximum extent permitted by law. The Company expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Company makes no warranty that the Service will meet Your requirements, be uninterrupted, secure, or error-free, or that defects will be corrected. Some jurisdictions do not allow certain exclusions or limitations, so some may not apply to You; where they do not, exclusions and limitations will apply to the greatest extent enforceable under law.

Governing Law

The laws of the Country, excluding its conflict of law rules, govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve it informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, Our Service is a "Commercial Item" as defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that: (i) You are not located in a country subject to a U.S. government embargo or designated as "terrorist supporting"; and (ii) You are not listed on any U.S. government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held unenforceable or invalid, that provision will be changed and interpreted to accomplish its objectives to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, failure to exercise a right or require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance later, nor shall waiver of a breach constitute waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on Our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice before new terms take effect; what constitutes a material change is at Our sole discretion. By continuing to access or use Our Service after revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, please stop using the Service.

SMS Terms

Our SMS program provides text messages for appointment reminders, event notifications, Zoom links, account information, product details, marketing messages, help requests, webchat widget responses, and opt-in/opt-out confirmations.

Help and Support

If You experience issues with the messaging program, reply with the keyword "HELP" for assistance.

Carrier Liability

Carriers are not liable for delayed or undelivered messages.

Message and Data Rates

Message and data rates may apply for messages sent to and from us. For questions about your text or data plan, contact your wireless provider. For privacy-related inquiries, please refer to Our Privacy Policy.

Compliance with Regulations

The text messaging services provided through the Services comply with applicable telecommunications regulations. You are required to adhere to all applicable telecommunications laws and carrier requirements when using any text messaging features, including obtaining proper consent before sending text messages and honoring opt-out requests.

Required Consent Language

When collecting phone numbers for text messaging, you must include appropriate consent language on all forms that clearly informs recipients about the types of messages they will receive, frequency, and how to opt out.

Prohibited Messaging Practices

You agree not to use the text messaging services to: (a) send messages to recipients who have not provided explicit consent; (b) send messages that violate the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, or other applicable laws; (c) send messages containing inappropriate, offensive, or illegal content; (d) continue sending messages to recipients who have opted out; or (e) send messages at inappropriate times (e.g., outside normal business hours).

Data Privacy for Text Messaging

You acknowledge and agree that: (a) no mobile information will be shared with third parties/affiliates for marketing or promotional purposes; (b) text messaging originator opt-in data and consent will not be shared with any third parties, except aggregators and providers of the Text Message services; and (c) all text messaging data will be handled in accordance with Our Privacy Policy.

Opt-Out Management

You can cancel the SMS service at any time by texting "STOP" to our shortcode. We will confirm your unsubscribe status via SMS, after which you will no longer receive SMS messages from us. To rejoin, sign up again as you did initially.

Contact Us

If you have any questions about these Terms and Conditions, you can contact us: