Section 1: Introduction to Terms and Conditions
Welcome to CLD-9. We are an AI company enhancing personal wellness through customized solutions. This document serves as the Terms and Conditions for using our services, including our interactive website and AI chatbot, and guides the purchase of our personalized supplement products.
At the heart of CLD-9's philosophy lies a commitment to transparency, personalization, and education. Our unique service involves the creation of a personalized formula, offered in a convenient 20-packet box, with each packet containing a single serving of a flavored powdered drink mix. This formula is crafted based on the individual user's inputs and preferences, as assessed by our advanced AI technology.
This document outlines the guidelines and legal obligations for both CLD-9 and its users. It is essential for users to understand how our services operate, including the process of interacting with our AI chatbot, formulating a personalized supplement, and the terms governing the purchase and use of our products.
We believe in empowering our users with detailed information about our services, ensuring clarity and understanding of the scope and limitations of what we offer. By accessing and using our services, you agree to comply with and be bound by these terms and conditions.
Please read the following terms carefully to understand your rights and obligations, and the value we offer through our unique approach to personalized health and wellness. We appreciate your trust in CLD-9 and look forward to being a part of your wellness journey.
Section 2: Definitions
CLD-9: The AI-based supplement company providing personalized supplement formulas through its online platform.
CLD-9 AI: The proprietary artificial intelligence tool provided by CLD-9 that interacts with users, assesses their needs, and assists in the creation of personalized supplement formulas.
User: An individual who accesses, uses, or registers on the CLD-9 website to interact with CLD-9 AI.
Personalized Supplement Formula: A custom blend of ingredients formulated by CLD-9 AI based on the individual needs and responses of the user.
Subscriber: An individual who accesses, uses, registers, and purchases a subscription to receive their Personalized Supplement Formula
20 Packet Box: The standard packaging for the Personalized Supplement Formula, containing 20 individual packets, each with one serving.
Powdered Drink Mix: The form in which the Personalized Supplement Formula is delivered, intended to be mixed with liquid for consumption.
Serving: The quantity of Powdered Drink Mix contained in one individual packet, designed for single-use.
Platform: The online interface, including the website and any associated mobile applications, used by CLD-9 for users to access CLD-9 AI and purchase the Personalized Supplement Formula.
Content: Any text, images, audio, video, or other material provided on the CLD-9 platform.
Agreement: The Terms and Conditions document, constituting a legally binding contract between CLD-9 and the user.
Service(s): All functionalities, features, and offerings provided by CLD-9, including the AI-driven customization of supplement formulas and related customer support.
Intellectual Property: All forms of intellectual property owned by or licensed to CLD-9, including trademarks, copyrights, and patents related to the service.
Liability: The legal responsibility of CLD-9 for various aspects of the service, including any limitations of this responsibility.
Compliance: Adherence to all applicable laws, regulations, and standards relevant to the operation of CLD-9.
Indemnity: The obligation of the user to compensate CLD-9 for certain types of losses, damages, or liabilities.
Modification of Service: The right of CLD-9 to modify, suspend, or discontinue any aspect of its service at its discretion.
Section 3: User Agreement
3.1: Acceptance of Terms
By accessing and using the Platform of CLD-9 ("the Company"), an AI-based supplement company, you ("User") acknowledge that you have read, understood, and agree to be bound by the terms and conditions set forth in this User Agreement and the accompanying Agreement of the Company. If you do not agree to these terms, you must not use or access the Services provided by CLD-9.
3.2: Eligibility Criteria
To use the Services of CLD-9, you must meet the following criteria:
Age Requirement: You must be at least 18 years of age. By using our Services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into binding agreements.
Geographical Limitation: The Services of CLD-9 are currently available to residents of the United States of America and Canada. By using our Services, you affirm that you are a resident of these countries.
3.3: Use of Services
In using CLD-9's Services, you agree to:
Provide accurate, complete information as prompted by our service's registration and interaction processes.
Maintain the security of your account, including your password and other sensitive information.
Accept full responsibility for all activities that occur under your account, including orders placed and information provided to our AI for formula creation.
3.4: Transparency and Personalization
CLD-9 is committed to providing transparent information about the capabilities and limitations of CLD-9 AI. Ensuring the Personalized Supplement Formula is based on the information you provide.
Continuously educating and informing you about our products and their potential benefits and risks.
3.5: Prohibited Uses
You are prohibited from using CLD-9's Services:
For any unlawful purpose or in violation of any local, state, national, or international law.
To exploit, harm, or attempt to exploit or harm minors in any way.
To transmit any advertising or promotional material without our prior written consent, including "junk mail," "chain letter," "spam," or any other similar solicitation.
Reuse any CLD-9 data for any and all commercial purposes
3.6: User Responsibilities
You understand and agree that:
CLD-9's supplements are not intended to diagnose, treat, cure, or prevent any disease.
The information provided by our AI and products should not be considered as medical advice.
You should consult with a healthcare professional before starting any new dietary supplement, especially if you have or suspect you may have a health problem or are on medication.
3.7: Modifications to Service
CLD-9 reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that CLD-9 shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
3.8: Termination
Your right to use the CLD-9 Service will automatically terminate if you violate any of these restrictions and may be terminated by CLD-9 at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3.9: Acknowledgment
By using CLD-9's Services, you acknowledge that you have read this User Agreement, understand it, and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between you and CLD-9 which supersedes any proposal or prior agreement, oral or written, and any other communications between you and CLD-9 relating to the subject matter of this Agreement.
Section 4: No Medical Advice Disclaimer
4.1: Disclaimer of Medical Advice
The Content and Services provided by CLD-9, including but not limited to the Personalized Supplement Formulas and any guidance or responses from the CLD-9 AI, are intended for general informational and wellness purposes only. They do not constitute medical or health advice. Users should not interpret or use any part of our Service as a substitute for professional medical advice, diagnosis, or treatment.
4.2: Professional Medical Consultation
We strongly recommend that Users consult with a qualified healthcare professional for any questions or concerns regarding personal health or medical conditions. The CLD-9 AI is not a licensed medical professional and does not possess the capability to understand or address complex medical conditions or individual health profiles.
4.3: Disclaimer Regarding Health Claims
Any statements or claims made by the CLD-9 AI related to potential health benefits or the efficacy of the Personalized Supplement Formulas are general in nature. These statements are not intended to be understood as guarantees or factual predictions for individual Users. The effectiveness of supplements varies and is not universally applicable.
4.4: False Advertising and Misrepresentations
CLD-9 is committed to honesty and transparency. Users should be aware that any perceived claims or endorsements made by the CLD-9 AI regarding the effectiveness of supplements are general in nature and should not be viewed as verified factual assertions. They are to be regarded as non-specific information and not as definitive or personalized advice.
4.5: User Responsibility
Users acknowledge and accept that they bear full responsibility for their interpretation and use of information provided by CLD-9's Services. CLD-9 shall not be held liable for any actions, decisions, or non-actions taken by the User based on the information or responses provided by the CLD-9 AI.
Section 5: Accuracy and Liability of AI Information
5.1: Accuracy of CLD-9 AI-Generated Information
CLD-9 employs CLD-9 AI to provide Users with scientific information and Personalized Supplement Formulas. While we endeavor to provide the most accurate and current scientific data using CLD-9 AI, CLD-9 recognizes that the CLD-9 AI-generated information and supplement formulas might not be entirely comprehensive or error-free. The information provided is generalized and created through algorithms that may not fully consider unique personal health factors or conditions. Users are advised to view this information as a supportive reference and not as an exclusive or definitive medical advice.
5.2: Disclaimer of Liability
CLD-9 shall not be held liable for any inaccuracies, errors, or omissions in the information provided by CLD-9 AI. Use of the CLD-9 AI and reliance on its information is done at the User's own risk. CLD-9 disclaims liability for any repercussions, directly or indirectly, related to dependence on the CLD-9 AI-generated information and Personalized Supplement Formulas, including, without limitation, personal injury, harm, or financial loss.
5.3: Non-Endorsement of CLD-9 AI Claims
CLD-9 AI may assert claims or imply benefits related to the efficacy of Personalized Supplement Formulas. CLD-9 wants to highlight that such claims are conjectural and based on broad scientific research. These claims are not to be taken as guaranteed outcomes or as express endorsements by CLD-9. User discretion is advised, and consultation with healthcare professionals is recommended before making health decisions based on CLD-9 AI's suggestions.
5.4: Mitigation of False Advertising Risks
CLD-9 upholds ethical marketing and is committed to preventing unsupported claims via CLD-9 AI. Should any accidental misstatements or overstated claims occur through CLD-9 AI, appropriate corrective actions will be taken by CLD-9. Nevertheless, CLD-9 will not be held responsible for incidental inaccurate claims or misrepresentations made by the CLD-9 AI.
5.5: User Responsibility and Indemnity
Users have the obligation to critically evaluate and check the accuracy of the information provided by CLD-9 AI. Any dependence on the CLD-9 AI-generated advice, assertions, or Personalized Supplement Formulas is taken at the User's exclusive risk and discretion. Users agree to indemnify and hold CLD-9 harmless against any claims, damages, or liabilities that may arise out of their use of the CLD-9 AI-generated information.
Section 6: Service Description
6.1: User Interaction and Personalized Formula Creation
Subscribers start Services by sharing their health objectives with CLD-9 AI. The CLD-9 AI then conducts an interactive exchange to collect relevant information, which it utilizes to generate a Personalized Supplement Formula specifically tailored for the Subscriber, incorporating a unique blend of ingredients through a systematic process based on scientific evidence.
6.2: Review, Modification, and Checkout
The Service facilitates Subscribers to review and if necessary, request changes to their Personalized Supplement Formula prior to confirmation. The final step in the Service involves the adoption of a subscription plan, wherein Subscribers agree to a recurring delivery of their Personalized Supplement Formula, with corresponding charges as outlined.
6.3: Product Delivery
Once a Personalized Supplement Formula is confirmed, it is delivered to the Subscriber on a monthly basis in a 20 Packet Box. Each of these packets contains a single Serving of the Powdered Drink Mix, carefully designed for convenient use and preparation by mixing with a liquid such as water.
Section 7: Intellectual Property Rights
7.1: Ownership of Intellectual Property
All Intellectual Property pertaining to the Platform, including but not limited to the CLD-9 AI, Content, design, text, graphics, logos, and images, as well as their selection and arrangement, remains the exclusive property of CLD-9. This extends to the proprietary algorithms, processes for supplement formulation, and all underlying software and technology related to the Service(s). All such rights are expressly reserved.
7.2: Rights in AI-Generated Formulas
Personalized Supplement Formulas generated by CLD-9 AI that result from the interaction with Users are proprietary creations and constitute a significant part of CLD-9's Intellectual Property.
7.3: Trademarks and Branding
All trademarks, including the name CLD-9, its logo, and any other product or service names, logos, or slogans, are the exclusive property of CLD-9. The look and feel of the Platform, such as page headers, custom graphics, button icons, and scripts, are recognized as the service mark, trademark, or trade dress of CLD-9. Such elements are protected by Intellectual Property rights and are not to be used without prior written consent.
7.4: Prohibited Use of Platform Content
Content from the Platform should not be copied, reproduced, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without explicit prior written consent from CLD-9.
7.5: User Data and Generated Content
User-generated content, such as inquiries, responses, and feedback provided during interactions with the CLD-9 AI, grants no Intellectual Property rights to the User. CLD-9 retains the right to use this data in compliance with the Privacy Policy, without offering compensation to the User.
7.6: Modifications and Enhancements
CLD-9 may at its discretion modify any part of its Intellectual Property, including AI algorithms, Content on the Platform, or the Personalized Supplement Formulas, and is not required to notify Users nor seek their consent for these changes.
7.7: Comprehensive Rights to User Data
Users grant CLD-9 a non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any data or content provided during their use of the Service(s). This license is for the purpose of operating, improving, and furthering the development of CLD-9's products and services, including but not limited to the training and enhancement of CLD-9 AI algorithms. All such data will be handled with respect to user confidentiality and privacy.
7.8: Acknowledgment and Agreement
Users acknowledge and agree that CLD-9 retains all Intellectual Property rights. Unauthorized use of any CLD-9 Intellectual Property may result in legal action. Users understand they have no claim to the Intellectual Property of CLD-9 or its Services, and any data shared with CLD-9 AI will be treated with confidentiality and anonymity in accordance with CLD-9's commitments.
Section 8: User Obligations and Conduct
8.1: Acceptable Use of the Service
The User is required to engage with the Services of CLD-9 in a respectful and appropriate manner. Utilization of the Services, including interactions with the CLD-9 AI, is subject to the following conditions:
- Respectful Interaction: Users must communicate with the CLD-9 AI and utilize other Services of CLD-9 in a respectful and courteous manner. Offensive, demeaning, or derogatory language is expressly prohibited.
- Purposeful Engagement: The CLD-9 Platform is designed for Users seeking Personalized Supplement Formulas tailored to their unique needs and preferences. Users should engage with the CLD-9 AI exclusively for this intended purpose.
- Accuracy of Information: It is essential for Users to provide accurate and truthful responses to the CLD-9 AI's prompts as the generation of the Personalized Supplement Formula is dependent on the relevance and correctness of the information supplied by the User.
8.2: Prohibited Conduct
Users must avoid any attempt to misuse or exploit the Services, which includes, but is not limited to:
- Misuse of AI Capabilities: Efforts to manipulate or exploit the capabilities of the CLD-9 AI for any other purposes than its designated use, such as attempts to "break" or confuse the technology, are strictly forbidden.
- Unlawful Activities: The use of CLD-9's Services for any illegal activities or in breach of any applicable laws, whether national, state, or local, is not allowed.
- Harmful Behavior: Actions that are harmful, threatening, abusive, harassing, defamatory, or discriminatory are strictly prohibited within the use of CLD-9’s Services.
8.3: Consequences of Non-Compliance
Non-compliance with these obligations and guidelines for conduct may lead to the User being barred from using the Services of CLD-9. This could translate into temporary or permanent suspension of access to the CLD-9 AI and related Services. CLD-9 retains the authority to initiate legal proceedings for serious breaches of these terms.
8.4: User Responsibility
The User accepts full responsibility for their interactions with the CLD-9 AI and for ensuring that their usage of the Services conforms to the specified obligations and conduct guidelines. CLD-9 does not bear responsibility for any outcomes stemming from the User's disregard for these terms. Users are urged to responsibly and ethically leverage the CLD-9 AI and accompanying Services, considering the intended purpose and maintaining community standards. Users must ensure their conduct on the Platform remains consistent with these directives to foster a positive and efficient experience for all CLD-9 Users.
Section 9: Privacy and Data Usage
9.1 Collection and Use of Information
CLD-9 is dedicated to upholding the privacy of its users. The platform collects data essential for the functioning of CLD-9 AI, including interactions with users, dietary preferences, health objectives, and feedback. This information is imperative for generating Personalized Supplement Formulas and enhancing the user experience on the platform.
9.2: Data Processing and Enhancement
To augment the performance and functionality of its Service(s), CLD-9 conducts analysis on data provided by Subscribers. This analysis aids in refining the CLD-9 AI algorithms, innovating new offerings, and identifying consumer patterns. Data processing involves the formulation of novel models and datasets, better equipping CLD-9 to fulfill user needs.
9.3: Anonymization for External Use
In its pledge to user privacy, CLD-9 confirms that personal identifiers are removed when data is applied for external purposes, such as academic research or industry analysis. This is accomplished through de-identifying information and the use of aggregated or anonymized datasets.
9.4: Data Security
CLD-9 implements stringent security protocols to safeguard users’ personal information against unauthorized invasion, alteration, or unlawful exposure. Nevertheless, the company recognizes the inherent risks associated with online data exchange and cannot ensure absolute security.
9.5: Data Sharing and Disclosure
CLD-9 may divulge anonymized or collective data with partners for research or to inform business strategies. Identifiable personal information, however, will not be distributed without clear user consent unless mandated by legal stipulations.
CLD-9 may use your information for email and SMS marketing.
9.6: User Data Rights and Limitations
While CLD-9 values user privacy, it is necessary for users to acknowledge the constraints concerning their data rights. User data that has been utilized by CLD-9 AI for enhancement of its algorithms or other analytical purposes becomes ingrained in these solutions. Consequently, such data, inclusively any derivatives gained from it, may not be revocable or deletable. This entrenchment is vital for the persistent elevation of CLD-9’s Service(s). Users should contemplate this when submitting data to CLD-9. Inquiries or concerns regarding data utilization can be relayed to CLD-9 via the channels provided in the Contact Information section.
9.7: Changes to Privacy Policy:
CLD-9 may periodically amend the Privacy and Data Usage policy to mirror evolving procedures or compliance with legal demands. Subscribers will be notified about substantial modifications, with the revised policy being accessible on the CLD-9 platform.
9.8: Contact for Privacy Matters
Users with inquiries or apprehensions regarding privacy and data usage are encouraged to communicate with CLD-9 through the established contact paths. CLD-9 is committed to addressing such matters swiftly and thoroughly.
Section 10: Purchase and Shipping
10.1: Purchase and Subscription Process
At CLD-9, the subscription process is initiated once the User finalizes their Personalized Supplement Formula using CLD-9 AI. To complete the purchase, Users are directed to the checkout page on our Platform where they must commit to a subscription at the prevailing listed price. This subscription ensures the monthly delivery of a 20 Packet Box, each containing a Serving of their powdered drink mix.
10.2: Payment Terms
Payment for the subscription is facilitated through a trusted, third-party payment gateway. Subscribers are responsible for supplying valid payment information, including credit card data. The subscription fee is billed on a recurring monthly basis, based on the price stated on our Platform at the time of the purchase. We retain the authority to alter subscription prices, but will provide timely notification to current Subscribers beforehand.
10.3: Shipping and Delivery
Once a subscription is activated and payment is confirmed, we proceed to dispatch the Subscriber's Personalized Supplement Formula. We use trustworthy courier agencies for shipping, and an estimated delivery date is provided at the time of checkout. Delivery estimates are targets; nonetheless, unforeseen delays may occur. In these instances, Subscribers will be informed as soon as possible.
10.4: Order Modifications and Cancellation Policy
Subscribers may request to alter or terminate their subscription within a designated period before the planned shipment date. Submission of such requests can be done via the Subscriber's account on the Platform or through our customer support team. Orders that have been processed or dispatched are exempt from changes or cancellations.
10.6: Account and Payment Information Accuracy
Subscribers agree to provide and maintain accurate, up-to-date, and complete purchase and account details for all transactions conducted on our Platform. This obligation includes the timely update of account information such as email addresses, payment methods, and expiration dates to facilitate uninterrupted Service and efficient order processing.
10.7 Referral Code Process
CLD-9 offers a referral program that incentivizes Subscribers for promoting our Services. The program terms are as follows:
- Unlimited Referrals with Monthly Discount Limits: Subscribers can refer 2 individuals for a free month of CLD-9 with unrestricted use.
Section 11: Returns, Refunds, and Cancellations
11.1: Returns Policy
Given the customized nature of our offering, CLD-9 does not accept returns. Personalized Supplement Formulas are made to order based on User preferences and interaction with CLD-9 AI, rendering them unique to each individual and unsuited for return.
11.2: Refunds
CLD-9 prides itself on the precision and quality of our Personalized Supplement Formulas. Refunds are granted exclusively in instances of clear product errors, such as incorrect formulation or manufacturing flaws. User dissatisfaction relating to taste or perceived effectiveness does not qualify for a refund. For refund eligibility due to product error, Subscribers should contact CLD-9 customer service within a given timeframe from the reception date, providing specifics and evidence of the issue. If the claim is substantiated, we will issue a refund accordingly.
11.3: Subscription Cancellation
Subscribers are free to cancel their subscription at any time. Our subscription model provides convenience but can be halted if a Subscriber's circumstances change. To cancel, Subscribers must utilize the cancellation feature in their account or request aid from customer support. Cancellation takes effect at the start of the next billing cycle, with no further fees applicable. Cancellation must occur at least 10 days before the next billing date to prevent charges for the upcoming shipment.
11.4: Modifications to Subscription
Subscribers can adjust their subscription preferences via their account settings or by reaching out to customer support. All changes should be effected at least 10 days before the impending shipment to ensure implementation in the next delivery.
11.5: Contacting Customer Support
For queries or concerns pertaining to returns, refunds, or subscription management, please get in touch with our customer support team through sales@cld-nine.com . Our team is prepared to assist with any inquiries to enhance your experience with CLD-9.
Section 12: Disclaimer of Warranties
12.1: No Warranties Expressed or Implied
CLD-9 provides its Service(s), including the use of the CLD-9 AI for the creation of Personalized Supplement Formulas, strictly on an "as is" and "as available" basis. CLD-9 expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. CLD-9 makes no warranty that the Service(s), including any advice or information obtained from or through the Service(s), or the 20 Packet Box delivered to Subscribers will meet your requirements or expectations.
12.2: No Endorsement of Content
In providing a Platform for Personalized Supplement Formulas, CLD-9 does not endorse, verify, or assume responsibility for the accuracy, efficacy, or safety of the ingredients used in the Powdered Drink Mix. The Content generated and provided through our CLD-9 AI is for informational purposes only and should not be considered as an endorsement of any particular ingredient or formula.
12.3: Limitation of Liability
CLD-9 shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if CLD-9 has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service(s) or products; (ii) the cost of procurement of substitute goods and Service(s); (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service(s) or products.
12.4: Use at User's Own Risk
By using CLD-9's Service(s) and purchasing a 20 Packet Box, you acknowledge and agree that such use is at your sole risk. CLD-9 does not assume Liability for any adverse effects or consequences arising from the use of the Personalized Supplement Formula. It is the User's responsibility to ensure that any products selected are suitable for their personal health considerations and overall wellness goals.
12.5: No Guarantee of Service Availability
CLD-9 does not guarantee that the Service(s) will be uninterrupted, timely, secure, or error-free. The availability and functionality of the Service(s) are subject to various factors, including User traffic, technical issues, and the potential Modification of Service.
12.6: Compliance with Laws
CLD-9 makes no representation that the Service(s) complies with legal requirements in all jurisdictions. Subscribers are responsible for ensuring that their use of the Service(s) and receipt of the Personalized Supplement Formula adheres to local laws and regulations.
Section 13: Limitation of Liability
13.1: Limitation on Indirect Damages
CLD-9 shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of, or inability to access or use, the Service(s) provided.
13.2: No Guarantees on CLD-9 AI Recommendations
The Company provides a supplement formulation service using CLD-9 AI technology. While efforts are made to provide accurate and useful formulations, the Company does not guarantee the effectiveness, appropriateness, or suitability of any Personalized Supplement Formula created for any individual User. The Company is not liable for any dissatisfaction, ineffectiveness, or adverse effects that may result from the use of these formulated Powdered Drink Mixes.
13.3: Disclaimer for Health-Related Outcomes
The Company's Service(s) are not a substitute for professional medical advice, diagnosis, or treatment. Any reliance on the information provided by the Company's CLD-9 AI is strictly at your own risk. The Company is not responsible for any health complications or adverse effects that may arise from the use of its Powdered Drink Mix products. Users are advised to consult with healthcare professionals before starting any new supplement regimen with the Personalized Supplement Formula.
13.4: Exclusion of Liability for User-Provided Information
The Company's CLD-9 AI-driven formulation process is dependent on the information provided by the User. The Company shall not be liable for any errors, inaccuracies, or omissions in the Personalized Supplement Formulas that result from incorrect, incomplete, or outdated information provided by the User.
13.5: Maximum Liability
Notwithstanding anything to the contrary, the Company's maximum aggregate Liability for all claims relating to the Service(s), whether in contract, tort (including negligence), or otherwise, shall be limited to the amount paid by the Subscriber for the Service(s) in question.
Section 14: Indemnification
14.1 User Obligation to Indemnify
The User agrees to indemnify, defend, and hold harmless CLD-9, its affiliates, officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions by the User or any other liabilities related to the User's use of the Service. This includes, but is not limited to, any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys' fees of every kind and nature incurred by CLD-9, or any third parties through the User.
14.2 Scope of Indemnification
Specifically, and without limiting the generality of the foregoing, the User agrees to indemnify and hold harmless CLD-9 in relation to:
The User's interactions with the AI chatbot and the resultant supplement formulations.
The User's reliance on any information, advice, or guidelines provided by the AI chatbot.
Any claims arising from alleged harm or adverse effects resulting from the consumption or use of supplements formulated and provided by CLD-9.
Breaches in user conduct as per the stipulated terms, including misuse of the Service or intellectual property violations.
Any inaccuracies, misrepresentations, or omissions in the information provided by the User to the AI for the formulation of supplements.
14.3 Limitation of Indemnification
This indemnification obligation will survive the termination of the User's subscription and use of CLD-9's Service and will not apply to any willful, intentional, or unlawful misconduct or gross negligence by CLD-9 or any of its agents or employees.
14.4 Procedure for Indemnification
In the event of any potential indemnity claim under this Section, CLD-9 shall provide the User with prompt notification of any claim, suit, or proceeding and will cooperate fully (at the User's expense) in the defense of such claim, suit, or proceeding. The User will have control of the defense and all negotiations for any settlement or compromise, provided, however, that such settlement or compromise is not materially detrimental to CLD-9’s interests and operations.
It is the User's responsibility to be aware of and adhere to the terms and conditions as outlined in this Section 14. Failure to comply with these terms may result in legal action against the User for recovery of any losses incurred by CLD-9.
Section 15: Changes to Terms and Conditions
15.1: Updates and Revisions
CLD-9 reserves the right, at its sole discretion, to modify, revise, or update these Terms and Conditions at any time and in any manner. Such modifications may reflect changes in legal or regulatory requirements, alterations in our business operations, or the enhancement of the Platform and Service features. We are committed to ensuring that our Terms and Conditions remain current and reflective of the dynamic nature of our Service and the legal environment.
15.2: Notification of Changes
Any changes to these Terms and Conditions will be communicated to our Subscribers and Users through an appropriate channel, such as email notification or a prominent notice on our Platform. We will endeavor to provide reasonable advance notice of significant changes. However, in certain circumstances, such as Compliance with legal requirements or urgent security concerns, changes may be effective immediately and without prior notice.
15.3: Effective Date
The revised Terms and Conditions will become effective as of the date specified in the notice or, in the absence of a date, immediately upon their posting on the Platform. Continued use of our Service after the effective date of such changes will constitute acceptance of, and agreement to be bound by, the updated Terms and Conditions.
15.4: User Responsibility
It is the responsibility of the User to review the updated Terms and Conditions regularly. We encourage Users to familiarize themselves with the Terms and Conditions upon each visit to our Platform or interaction with CLD-9 AI.
15.5: Historical Versions
Previous versions of our Terms and Conditions will be archived and made available upon request. This practice ensures transparency in the evolution of our Terms and Conditions and provides Subscribers and Users with a historical context for the Service and its terms.
By using the Service of CLD-9, Users and Subscribers acknowledge and agree that it is their responsibility to stay informed about, and comply with, the most current version of our Terms and Conditions.
Section 16: Governing Law and Jurisdiction
This Agreement and any action related thereto shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its principles of the conflict of laws. Users and Subscribers agree that any legal action or proceeding between CLD-9 and themselves for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Delaware, United States. The parties hereby waive any right to a trial by jury in any proceeding arising out of or related to this Agreement and acknowledge that jurisdiction is personal and exclusive.
Section 17: Dispute Resolution
17.1: Informal Resolution
Before filing a claim against CLD-9, the User agrees to try to resolve the dispute informally by contacting CLD-9's customer service. CLD-9 will try to resolve the dispute informally by contacting the User via email. If a dispute is not resolved within 30 days of submission, the User or CLD-9 may bring a formal proceeding.
17.2: Arbitration Agreement and Waiver of Certain Rights
The User and CLD-9 agree to resolve any claims relating to this Agreement or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules in effect at the time the arbitration is started. The arbitration will be held in the state of Delaware, or any other location both parties agree to in writing.
17.3: Exceptions to Agreement to Arbitrate
Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or Intellectual Property infringement without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions: The User may only resolve disputes with CLD-9 on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
17.4: Judicial Forum for Disputes
In the event that the agreement to arbitrate is found not to apply to the User or the User's claim, both the User and CLD-9 agree that any judicial proceeding will be brought in the federal or state courts of Delaware. Both parties consent to venue and personal jurisdiction there.
17.5: Modifications to this Arbitration Provision
If CLD-9 makes any future change to this arbitration provision, other than a change to CLD-9's address for Notice, the User may reject the change by sending us written notice within 30 days of the change to CLD-9's address for Notice, in which case the User's account with CLD-9 will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments the User rejected, will survive.
17.6: Enforceability
If the No Class Actions section is found to be unenforceable or if the entire Arbitration Agreement is found to be unenforceable, then the entirety of this Arbitration Agreement will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in the Governing Law and Jurisdiction section will govern any action arising out of or related to this Agreement.
Section 18: Miscellaneous Provisions
18.1: Severability
If any part of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired.
18.2: Waiver
The failure of CLD-9 to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver by CLD-9 of any right or provision will only be effective if it is in writing and signed by a duly authorized representative of CLD-9.
18.3: Assignment
The User may not assign or transfer these Terms, by operation of law or otherwise, without CLD-9’s prior written consent. Any attempt by the User to assign or transfer these Terms, without such consent, will be null and void. CLD-9 may freely assign or transfer these Terms without restriction.
18.4: Entire Agreement
These Terms constitute the entire agreement between you and CLD-9 regarding your use of the Services, superseding any prior agreements or communications between you and CLD-9 relating to the subject matter hereof.
18.5: Force Majeure
CLD-9 will not be liable for any failure or delay in performance due in whole or in part to any cause beyond its reasonable control, including but not limited to, acts of God, government actions, war, civil disturbance, insurrection, sabotage, labor shortages or disputes, failure or delay in delivery or shipments, unavailability of product, or Compliance with any law or governmental order.
Section 19: Contact Information
For any questions, concerns, or clarifications regarding these Terms and Conditions, or for support related to your use of the CLD-9 service, please contact us at support@cld-nine.com. Our dedicated team is available to assist you and provide the necessary information to enhance your experience with our service. We strive to respond promptly and efficiently to all inquiries.
Section 20: Effective Date
These Terms and Conditions are effective as of January 15, 2024 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page. We reserve the right to update or change our Terms and Conditions at any time and you should check these Terms periodically. Your continued use of the Service after we post any modifications to the Terms and Conditions on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Terms and Conditions.
Messaging Terms & Conditions
CLD-9 | CLD-9 | 4939 Broadway St Ste 62 Boulder CO US 80304-0684
When you opt-in to the service, we will send you a message to confirm your signup.
By opting into messages, you agree to receive recurring automated marketing and informational text messages from CLD-9 for CLD-9 (including reminders about what you left in your online shopping cart). Automated messages may be sent using an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number that you designate.
Message frequency varies, and additional mobile messages may be sent periodically based on your interaction with CLD-9. CLD-9 reserves the right to alter the frequency of messages sent at any time to increase or decrease the total number of sent messages. CLD-9 also reserves the right to change the short code or phone number where messages are sent.
Message and data rates may apply. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Your wireless provider is not liable for delayed or undelivered messages.
Your consent to receive marketing messages is not a condition of purchase. Marketing messages may include abandoned shopping cart reminders. CLD-9 uses cookies to help track items in your shopping cart, including when you have abandoned your shopping cart prior to checkout. This information is then used to determine when to send you a cart reminder message.
Carriers are not liable for delayed or undelivered messages.
You can cancel any time by texting "STOP". After you send the SMS message "STOP", we will send you a message to confirm that you have been unsubscribed and no more messages will be sent. If you would like to receive messages from CLD-9 again, just sign up as you did the first time and CLD-9 will start sending messages to you again.
Text "HELP" at any time and we will respond with instructions on how to unsubscribe. For support regarding our services, email us at andres@cld-nine.com.
You agree that before changing your mobile number or transferring your mobile number to another individual, you will either reply “STOP” from the original number or notify us of your old number at andres@cld-nine.com. The duty to inform us based on the above events is a condition of using this service to receive messages.
If you have any questions about your data or our privacy practices, please visit our [Link to SMS privacy policy].
We reserve the right to change or terminate our messaging program at any time. We also reserve the right to update these Messaging Terms at any time. Such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes
