End User License Agreement and Terms of Service
Last Updated: October 8, 2026
IMPORTANT NOTICE: PLEASE READ THIS END USER LICENSE AGREEMENT AND TERMS OF SERVICE ("AGREEMENT") CAREFULLY BEFORE DOWNLOADING, INSTALLING, ACCESSING, OR USING THE SERVICE. THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 9 THAT REQUIRES DISPUTES TO BE RESOLVED INDIVIDUALLY RATHER THAN IN A COURT BEFORE A JURY OR VIA A CLASS ACTION, SUBJECT TO LIMITED OPT-OUT RIGHTS.
Section 1: Preamble, Scope of Service & Binding Acceptance
1.1 The Parties.
This Agreement constitutes a legally binding contract entered into by and between you, whether personally or on behalf of an entity ("you," "your," or "User"), and Drug Analytics LLC ("Company," "we," "us," or "our").
1.2 Definition of the Service.
The terms "Service" and "Application" collectively refer to: (a) The RxOra mobile client software application (publicly distributed via the Apple App Store under the name "RxOra Drug Ingredient Checker") designed for iOS, iPadOS, and compatible Apple operating systems; (b) All proprietary backend cloud servers, application programming interfaces (APIs), data pipelines, text extraction routines, and relational database systems maintained by Drug Analytics LLC (collectively, the "Backend Services"); and (c) All proprietary derivation algorithms, grouping matrices, search filters, visual indicators, user documentation, content, data outputs, and associated web properties, domains, subdomains, and network endpoints owned, operated, or controlled by Drug Analytics LLC (including druganalytics.ai). You acknowledge and agree that the RxOra client application and Backend Services operate as an interdependent, unified system; the client application cannot function without accessing and querying the Backend Services.
1.3 Acceptance of Agreement.
By downloading, installing, registering, accessing, tapping an "Agree" or "Continue" prompt during onboarding, or using any part of the Service, you represent and warrant that: (a) You have read, understood, and agree to be bound by every provision of this Agreement and our Privacy Policy; (b) You are at least eighteen (18) years of age (or have reached the age of majority in your jurisdiction of residence) and possess the legal capacity to enter into a binding agreement. If you access, query, or use the Service on behalf of, or for the benefit of, any minor child, ward, dependent, family member, or other third party, you represent and warrant that you are legally authorized to act on their behalf, and you affirmatively agree that all disclaimers, limitations of liability, arbitration mandates, and covenants contained in this Agreement shall apply with full legal force to such access and use; and (c) Your use of the Service complies with all applicable local, state, national, and international laws, regulations, and ordinances.
1.4 Modifications to this Agreement.
Drug Analytics LLC reserves the right, in its sole and absolute discretion, to modify, amend, or replace this Agreement at any time to reflect updates to the Service, changes in the law, or evolved business practices. When material changes are made, we will update the "Last Updated" date at the top of this document. It is your affirmative responsibility to review this Agreement periodically. Your continued access to, or use of, the Service following the posting of any revised Agreement constitutes your explicit and binding acceptance of the modified terms. If you do not agree to the modified terms, your sole and exclusive remedy is to immediately cease all use of the Service, cancel any active subscriptions via your Apple ID, and uninstall the Application from your devices.
1.5 In-App Communications and Service Alerts.
By accessing or using the Application, you consent to receive in-app messages, banners, and alerts displayed directly within the user interface. We utilize these communications for essential administrative and security purposes, including enforcing acceptable use, delivering account status alerts, and announcing new feature upgrades or subscription products. Because these integrated alerts are necessary for the secure and proper administration of the Service, they cannot be disabled by the user. Your continued use of the Application constitutes your agreement to receive these communications. We do not use in-app communications to transmit or request any Protected Health Information (PHI).
If you do not agree with all terms, conditions, disclaimers, and restrictions set forth in this Agreement, you are expressly prohibited from using the Service and must immediately uninstall and delete the application from all your devices.
Section 2: Apple App Store Required Provisions (Schedule 1, Exhibit B)
This Agreement incorporates the mandatory minimum terms required by Apple Inc. ("Apple") under the Apple Developer Program License Agreement. In the event of any direct conflict between this Section 2 and any other provision of this Agreement, this Section 2 shall govern solely with respect to Apple’s rights and obligations.
2.1 Acknowledgment of Parties.
You and Drug Analytics LLC acknowledge that this Agreement is concluded exclusively between you and Drug Analytics LLC, and not with Apple. Drug Analytics LLC, and not Apple, is solely responsible for the RxOra Application and the content thereof.
2.2 Scope of License.
The license granted to you for the Application is limited to a non-transferable license to use the Application on any Apple-branded products running iOS or iPadOS that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Application may be accessed and used by other accounts associated with you via Apple Family Sharing or volume purchasing programs, where enabled.
2.3 Maintenance and Support.
Drug Analytics LLC is solely responsible for providing any maintenance, technical assistance, and support services with respect to the Application as specified in this Agreement or as required under applicable law. You and Drug Analytics LLC acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
2.4 Limited Apple Warranty.
Drug Analytics LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed herein. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) paid for the Application to you through the App Store. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Drug Analytics LLC, subject to the disclaimers and limitations contained in Sections 7 and 8 of this Agreement.
2.5 Product Claims.
You and Drug Analytics LLC acknowledge that Drug Analytics LLC, and not Apple, is responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (a) Product liability claims; (b) Any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) Claims arising under consumer protection, privacy, or similar legislation.
2.6 Intellectual Property Rights and Defense.
You and Drug Analytics LLC acknowledge that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Drug Analytics LLC, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
2.7 Legal and Export Compliance.
You represent and warrant that: (a) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) You are not listed on any U.S. Government list of prohibited or restricted parties.
2.8 Third-Party Beneficiary.
You and Drug Analytics LLC acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement. Upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
Section 3: Absolute Healthcare Disclaimers & Independent Verification
3.1 Not Healthcare or Medical Advice.
The Service, including all algorithms, ingredient sorting logic, classification tiers, matching matrices, and filtering features, is provided exclusively for automated technical research, reference, and informational purposes. The Service does not provide medical, pharmaceutical, dietary, nutritional, or clinical advice, diagnosis, or treatment recommendations. Drug Analytics LLC is not a healthcare provider, pharmacy, or laboratory, and we maintain no laboratory facilities to physically test, assay, or verify the chemical composition of any pharmaceutical product. The Service is not a medical device, clinical decision support (CDS) system, or prescribing tool, and must never be used as a substitute for the clinical judgment, advice, or supervision of a licensed physician, dispensing pharmacist, certified allergist, or other qualified healthcare provider. Furthermore, the Service does not evaluate, analyze, or warn against: (a) drug-drug, drug-food, or drug-supplement interactions; (b) patient-specific pharmacokinetic profiles, metabolic tolerances, or bioavailability factors; or (c) varied dosage strengths, formulations, or off-label therapeutic uses. You acknowledge and agree that evaluating drug compatibility, interactions, and therapeutic suitability requires individualized clinical oversight by a qualified healthcare professional.
3.2 No Assessment of Safety or Clinical Suitability.
The Service explicitly disclaims any representation, covenant, or warranty regarding the biological tolerability, medical suitability, or physical composition of any drug, active pharmaceutical ingredient, inactive excipient, delivery vehicle, or National Drug Code (NDC). The categorization, tagging, or grouping of any product—including listings displaying a "None Identified" status, a gray visual indicator, or grouping to the top of any query or list—does not indicate, represent, or imply that a drug is free from specific allergens, animal derivatives, gluten, or irritants, or that it is suitable for your specific physiological condition or dietary discipline. You agree that you will not interpret any grouping tier, color-coded element, or lack of detected ingredients as an indicator of safety or absence of risk.
3.3 No Emergency Use.
The Service must not be used in medical emergencies or for acute clinical intervention. If you suspect you are experiencing an adverse allergic reaction, anaphylaxis, severe intolerance, or any acute medical complication, you must immediately call 911 or your local emergency medical service and discontinue use of the product.
3.4 Mandatory Duty of Independent Verification.
You acknowledge that pharmaceutical formulations, raw material sourcing, and inactive excipients routinely change across manufacturers, facilities, production batches, and distribution lots. You assume the sole affirmative duty and legal responsibility to independently verify the complete, current composition of any medication before handling, ingesting, or administering that product. Verification requires: (a) Reviewing the physical packaging, package insert, and manufacturer container label of the specific container dispensed at your pharmacy; and (b) Instructing your dispensing pharmacist to contact the drug manufacturer directly to verify raw material sourcing, facility processing, and excipient derivation against the specific lot number and batch identifier printed on the physical product container.
3.5 FDA Regulatory Disclaimer.
The information, categorizations, data outputs, and statements provided by the Service have not been evaluated by the United States Food and Drug Administration (FDA) or any other regulatory authority. The Service and its underlying architecture are not intended to diagnose, treat, cure, or prevent any disease, medical condition, or allergic reaction.
3.6 Prohibition on Clinical and Professional Use.
As expressly stated in Section 5.1, the Service is licensed strictly for personal, non-commercial use. The Service is explicitly not authorized for use by healthcare professionals, dispensing pharmacists, or clinicians in the course of diagnosing, prescribing to, treating, or consulting with patients. If you are a medical professional and you access or use the Service in violation of this Agreement to inform clinical decisions or advise patients, you do so entirely at your own risk. You acknowledge that Drug Analytics LLC assumes no professional malpractice liability, and you retain sole, non-delegable responsibility for all clinical decisions, patient outcomes, and adherence to your applicable professional standard of care.
Section 4: Pharmaceutical Regulatory Data, Incompleteness, Contamination & Sourcing Methodology
4.1 Third-Party Regulatory Data and Unreported Changes.
Baseline pharmaceutical ingredient information displayed by the Service is derived from public regulatory filings submitted by third-party drug manufacturers to public repositories, including the United States Food and Drug Administration (FDA) Structured Product Labeling (SPL) database. Drug manufacturers alter, substitute, or replace inactive excipients, manufacturing equipment, and raw material suppliers without real-time public disclosure, and regulatory rules may permit grace periods (including up to twelve (12) months for minor formulation changes) before public filings reflect these alterations. Drug Analytics LLC does not independently audit, verify, laboratory test, or guarantee the completeness, accuracy, or currency of any manufacturer SPL submission.
4.2: Derivation Classifications, Proprietary Dictionary Mapping & Supply Chain Variations.
The Service relies on a proprietary, pre-compiled dictionary to map extracted drug ingredients to potential allergen or biological sources. Where the Service displays data classification states (including, but not limited to, "None Identified," "Potential Source," or specific condition indicators such as "[Condition] Source"), these labels strictly reflect the subjective outcome of an automated text query against our internal dictionary. Such labels represent generalized reference profiles compiled from published pharmacological literature, chemical reference compendia, and technical data. They do not constitute an assay, laboratory verification, or manufacturer-certified supply-chain guarantee for any specific pill, capsule, lot, or NDC.
Because pharmacological consensus evolves and ingredient dictionaries cannot comprehensively catalog every existing chemical compound, a status of "None Identified" means only that our specific algorithm did not identify a mapped carrier within the provided text; it does not guarantee the physical medication is free of specific allergens, mammalian derivatives, or target substances
Furthermore, many pharmaceutical excipients (including, without limitation, magnesium stearate, stearic acid, glycerin, polysorbates, and lactic acid) are multi-sourced substances manufactured interchangeably using animal fats (tallow), vegetable/plant sources, or synthetic and microbial processes. Manufacturers routinely alternate suppliers between production runs without altering the drug’s labeling, packaging, or NDC identifier.
4.2.1 Artificial Intelligence and Dictionary Compilation
To compile and map the derivation sources of chemical ingredients, Drug Analytics LLC utilizes artificial intelligence (AI) and machine learning models as internal processing tools. We evaluate this data using proprietary algorithmic processing combined with internal review protocols. Because AI models may draw upon historical, theoretical, or obsolete pharmacological data, our processing architecture is designed with a conservative, over-inclusive threshold regarding potential derivation sources. Consequently, the Service may flag an ingredient as a potential source of a target allergen or biological derivative even if modern manufacturing practices typically utilize synthetic or alternate sources. You acknowledge that this deliberate over-reporting prioritizes risk visibility, and that AI technologies are inherently probabilistic. Drug Analytics LLC disclaims any liability for false positives, historical inaccuracies, or anomalies generated during the AI-assisted compilation of our proprietary reference dictionaries.
4.3 Cross-Contamination, Shared Facilities, and Unlisted Processing Aids.
The Service indexes disclosed ingredient listings only. You acknowledge and agree that: (a) Processing Aids and Equipment: Pharmaceutical manufacturing processes frequently employ processing aids, release agents, lubricants, clarifying agents, or fermentation media (which may contain or be derived from animal byproducts, gluten-containing grains, corn, or other common allergens) that are not legally required to appear on manufacturer ingredient labels. (b) Shared Facility Contamination: Drug manufacturing lines, storage vessels, blending equipment, and packaging facilities may handle multiple chemical compounds, biological substances, or excipients across shifts, creating risks of trace cross-contact and equipment contamination. (c) Absence of Facility Audits: The Service has no ability to evaluate, detect, or report equipment cleaning protocols, shared facility operations, or trace cross-contamination.
4.4 Dual-Source Data Extraction and Manufacturer Omissions.
The Service aggregates ingredient data from both structured regulatory tables and unstructured narrative text provided by drug manufacturers. You acknowledge and agree that: (a) Supplemental Fallback and Visual Grouping: The Service relies primarily on structured regulatory tables provided by the manufacturer. Because manufacturers frequently fail to disclose all ingredients in these required structured formats, the Service utilizes automated text-matching against the unstructured narrative text strictly as a best-effort, supplemental fallback. Where an ingredient is identified within unstructured narrative text, it is indicated in the Application by a specific visual badge. To maximize user awareness of potential manufacturer inconsistencies, the Application may visually group these text-extracted ingredients above those found in structured tables. The extraction of these ingredient terms relies on automated string-matching and contextual proximity rules against a pre-compiled dictionary and is provided strictly for informational purposes, and does not guarantee that all of the manufacturer's omissions will be detected
(b) Manufacturer Discrepancies: Drug manufacturers frequently submit inconsistent regulatory filings where unstructured narrative text contradicts their own structured tables. To provide maximum visibility, the Service displays ingredients from both sources. A “None Identified” status does not cure, override, or guarantee the accuracy of a contradictory or poorly formatted manufacturer filing. Drug Analytics LLC disclaims all liability for injuries arising from omitted, contradictory, or improperly formatted manufacturer filings. (c) Inferred Capsule Delivery Components: Certain drug dosage forms (including two-piece hard gelatin capsules, softgels, or enteric coatings) may lack detailed excipient disclosures for capsule shells within manufacturer structured tables. Where the Service infers an ingredient (e.g., "Possible capsule ingredient listed in label text" or "No ingredients detected in the labeling for the capsule"), this reflects an automated heuristic and not an exhaustive chemical evaluation. (d) Complete Omissions: If a manufacturer completely omits an inactive excipient, binder, coating agent, processing chemical, or contaminant from both its structured and narrative filings, the Service cannot detect, infer, or warn of that substance. The omission or absence of an ingredient from the Service's interface does not constitute evidence that the ingredient or substance is absent from the physical medication. (e) Contextual Over-Reporting and False Positives: Because the automated extraction evaluates unstructured narrative text, the Service may inadvertently flag and display ingredients that are merely referenced in the manufacturer’s public filing (e.g., ingredients mentioned in a "does not contain" statement, warnings about shared facility equipment, or comparative pharmacological descriptions). This over-reporting is an intentional consequence of prioritizing aggressive detection over filtering, and you acknowledge that the display of an ingredient in the Service does not definitively prove its chemical presence in the physical drug.
4.5 Allergen Matching, Dietary Preferences & Grouping Logic.
Any algorithmic matching, indexing, filtering, or grouping provided by the Service—including preferences related to specific allergens (such as alpha-gal, gluten, lactose, or other sensitives) or ethical/dietary practices (such as vegan, vegetarian, or religious dietary standards)—is based strictly on available, unverified public data and automated rules. Such filtering functions exclusively as a preliminary organizational aid for research and clinical consultation. The Service provides no guarantee that any product or lot complies with dietary restrictions, is free from gluten or animal derivatives, or will prevent an adverse immune response or allergic reaction.
4.6 Third-Party Links and Resources.
The Service may display third-party manufacturer contact details (including phone numbers, physical addresses, and email addresses), web links, external databases, and manufacturer portals. You acknowledge and agree that: (a) Unverified Regulatory Ingestion: Such contact details are ingested automatically from public, third-party regulatory filings (including legacy FDA SPL records) or may incorporate supplemental details submitted by users and third parties; (b) No Independent Verification or Operational Guarantee: Drug Analytics LLC maintains no systematic means to authenticate, audit, test, or verify manufacturer contact details. Public regulatory filings may contain historical, abandoned, obsolete, or incorrect contact information. Drug Analytics LLC makes no warranty, covenant, or representation that any listed phone number, email address, website, or portal is current, monitored, operational, or staffed by competent personnel; and (c) Sole Risk: All manufacturer contact details and external links are provided strictly as an unverified informational convenience. You assume the sole legal responsibility to independently confirm the current, operational contact channels of any pharmaceutical manufacturer. Under no circumstances shall Drug Analytics LLC be liable, directly or indirectly, for any injury, loss, or damage arising out of or related to your use of, or reliance upon, incorrect, disconnected, or outdated manufacturer contact details, external websites, or third-party representations.
Section 5: Acceptable Use, Backend Network Integrity & Proprietary Rights
5.1 Limited License Grant.
Subject to your compliance with this Agreement and your maintaining an active, valid subscription (where applicable), Drug Analytics LLC grants you a personal, limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to install and execute the iOS/iPadOS client application on authorized Apple-branded devices that you own or control, solely for your personal, non-commercial research and informational purposes.
5.2 Backend Services and API Access.
You acknowledge that the client application functions as an interface to proprietary backend servers, application programming interfaces (APIs), data pipelines, and relational database systems maintained by Drug Analytics LLC (collectively, the "Backend Services"). Your license to use the application does not confer any independent right to directly access, query, inspect, or interact with the Backend Services outside the ordinary, intended operation of the user interface provided by the client application.
5.3 Prohibited Conduct & Misuse.
You expressly agree that you will not, directly or indirectly, and will not encourage, assist, or enable any third party to: (a) Reverse Engineering: Decompile, reverse engineer, disassemble, decrypt, extract, or attempt to derive the source code, underlying algorithms, data schemas, API protocols, or architectural structure of the application or Backend Services, except to the minimal extent expressly permitted by applicable non-waivable statutory law; (b) Automated Scraping & Extraction: Deploy, operate, or utilize any automated system, spider, crawler, bot, scraper, script, or batch-querying mechanism to harvest, index, cache, aggregate, or extract data, search results, excipient profiles, or database tables from the application or Backend Services; (c) API Interception, Proxying & Network Inspection: Intercepting, capturing, decrypting, decoding, or inspecting the underlying network protocols, TLS/SSL sessions, API request or response payloads, authentication headers, or communication channels between the Application and the Backend Services; installing custom root certificates, certificate-pinning bypasses, or proxy utilities (including, without limitation, Charles Proxy, Proxyman, Mitmproxy, or Wireshark) designed to inspect, log, or map backend schema structures; or attempting to probe, scan, or test the vulnerability of the Backend Services without our prior express written authorization; (d) Service Disruption & Abuse: Introduce viruses, worms, Trojan horses, or other malicious code; execute denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks; or impose an unreasonable or disproportionately large query load on the server or network infrastructure supporting the Service; (e) Commercial Resale & Sublicensing: Rent, lease, lend, sell, sublicense, distribute, publish, or publicly display any portion of the Service, its compiled data records, or derivation matching outputs to any third party for commercial gain, clinical consultation services, or enterprise redistribution without prior written consent from Drug Analytics LLC; (f) Circumvention of Access Controls: Probe, scan, or test the vulnerability of any system, network, or server endpoint; circumvent rate-limiting mechanisms; or bypass StoreKit entitlement verification handlers or account authentication barriers; or (g) Transmission of Protected Health Information: Input, upload, submit, or transmit any Personally Identifiable Information (PII) or Protected Health Information (PHI) as defined by the Health Insurance Portability and Accountability Act (HIPAA) or equivalent global health privacy laws. The Service is not a HIPAA-compliant platform. You agree to input only generalized pharmaceutical queries, drug names, or ingredient terms, and you shall not enter patient names, medical record numbers, or individualized clinical data into the Service.
5.4 Monitoring, Enforcement & Account Suspension.
Drug Analytics LLC reserves the absolute right, without prior notice or liability, to monitor network requests, query volume, and API traffic patterns to safeguard server integrity, enforce compliance with this Agreement, and prevent abuse. We reserve the immediate right to throttle, block, suspend, or permanently terminate access to the Service for any user, IP address, device identifier, or network node determined, in our sole discretion, to be engaged in prohibited conduct, abnormal query activity, or unauthorized API access.
5.5 Intellectual Property Rights.
All right, title, and interest in and to the Service—including without limitation the client application, backend server software, database architectures, schema designs, proprietary derivation cross-referencing datasets, text extraction heuristics, search algorithms, logos, user interfaces, and visual assets—remain the exclusive property of Drug Analytics LLC and its licensors. Except for the express, limited license granted in Section 5.1, no rights, licenses, or immunities are granted to you under this Agreement, whether by implication, estoppel, or otherwise.
5.6 Feedback and Unsolicited Ideas.
We welcome your comments, feedback, bug reports, and suggestions for improving the Service ("Feedback"). By submitting any Feedback to Drug Analytics LLC—whether through email, App Store reviews, in-app support channels, or other communications—you acknowledge and agree that your submission is entirely voluntary, non-confidential, and gratuitous. You hereby grant Drug Analytics LLC an exclusive, perpetual, irrevocable, transferable, sublicensable, royalty-free, and worldwide right and license to use, reproduce, modify, adapt, publish, translate, distribute, and commercialize the Feedback in any manner and for any purpose (including integrating such ideas into future versions of the Service) without any obligation, accounting, or compensation to you.
5.7 Modification or Termination of the Service.
Drug Analytics LLC reserves the right, in its sole and absolute discretion, to modify, update, suspend, or discontinue the Service (or any specific feature, algorithm, or database component thereof) at any time, temporarily or permanently, with or without notice to you. You agree that Drug Analytics LLC shall not be liable to you or to any third party for any modification, suspension, or complete discontinuance of the Service, except that if we permanently discontinue the Service entirely, your sole and exclusive remedy shall be to seek a pro-rated refund for the remainder of your active subscription period exclusively through Apple's App Store refund mechanisms.
5.8 No Obligation for Support or Maintenance.
While Drug Analytics LLC may choose to provide technical assistance, bug fixes, or updates to the Application at our sole discretion, we are under no legal obligation to furnish any maintenance, technical support, uptime guarantees, or ongoing updates for the Service. Any support provided is done so on an "as is" and "as available" basis without any warranty of resolution.
5.9 Pre-Release and Beta Software.
If you are granted access to a version of the Service designated as "Beta," "TestFlight," "Early Access," or similar, you acknowledge that such software is a pre-release version. It may not operate correctly, may lack final security features, and may contain bugs or errors that could result in data loss or system instability. Drug Analytics LLC reserves the right to alter, reset, or wipe backend data associated with beta versions at any time. All pre-release software is provided "AS IS" without any performance guarantees, and we have no obligation to release a final commercial version of any beta feature.
5.10 Network and Equipment Costs.
You are solely responsible for obtaining and maintaining all authorized Apple-branded hardware, internet connections, and cellular data plans necessary to access and use the Service. Drug Analytics LLC is not responsible for any network fees, roaming charges, or data overages incurred through your use of the Application or the Backend Services.
5.11 App Updates and Version Compatibility.
Drug Analytics LLC may from time to time provide enhancements or improvements to the features and functionality of the Application, which may include patches, bug fixes, updates, upgrades, and other modifications. Because the Application relies on a live connection to our Backend Services, backward compatibility is not guaranteed. You acknowledge and agree that older, outdated versions of the Application may cease to function, display errors, or lose the ability to query the Backend Services. You agree to promptly download and install all Application updates as they become available. We reserve the absolute right to deprecate, disable, or terminate backend network support for any older version of the Application at any time, without prior notice or liability.
Section 6: Subscriptions, In-App Purchases & Billing Administration
6.1 In-App Purchases and StoreKit Integration.
Certain features, advanced ingredient search filters, data feeds, and continuous access to the Backend Services require a paid subscription or in-app purchase (each, a "Subscription"). All financial transactions, payment processing, tax assessments, and currency conversions are administered exclusively by Apple Inc. ("Apple") through your Apple ID account via Apple’s StoreKit framework. Drug Analytics LLC does not collect, process, or store your credit card numbers, billing addresses, or banking details.
6.2 Auto-Renewable Subscriptions.
(a) Billing Cycle and Renewal: Subscriptions are billed on a recurring, periodic basis (e.g., monthly or annually, as selected at the time of purchase). Your Subscription will automatically renew at the end of each billing cycle, and your Apple ID account will be charged the applicable subscription fee at the prevailing rate unless you cancel the auto-renewal at least twenty-four (24) hours prior to the conclusion of the then-current billing period. (b) Price Modifications: Subscription pricing is subject to change. Any price adjustments implemented by Drug Analytics LLC will be communicated in accordance with Apple’s App Store policies and guidelines. Continued use of the Subscription after a price change takes effect constitutes acceptance of the new fee.
6.3 Complimentary Lookups, Free Trials, and Introductory Offers.
(a) Complimentary Lookups: Upon initial download and use, the Service may provide you with a limited allotment of complimentary ingredient queries or lookups. The remaining balance of these complimentary lookups is displayed within the application interface. Once this initial allotment is exhausted, continued access to the Backend Services and ingredient matching features requires an active Subscription. (b) Free Trials and Promotional Pricing: If a Subscription includes a free trial period or introductory promotional pricing, the duration and terms of such offer will be specified on the in-app purchase presentation screen. Unless canceled through your Apple ID account settings at least twenty-four (24) hours before the trial concludes, the trial will automatically transition into a paid, auto-renewing Subscription, and your Apple ID account will be billed the standard recurring fee.
6.4 Subscription Management, Upgrades, and Cancellation.
You may manage, change, or cancel your Subscription directly within the application or through your Apple device settings: (a) Upgrading or Changing Tiers: To switch to a different subscription tier (including upgrades or lateral plan changes), navigate to the Menu, select View Subscription Options, and select your desired plan. Tier transitions, pro-rated billing adjustments, and renewal dates are calculated and administered directly by Apple in accordance with App Store guidelines. (b) Canceling Auto-Renewal: To cancel your Subscription, navigate to the Menu, select View Subscription Options, and select Manage App Store Subscriptions to launch Apple’s native subscription interface directly. Alternatively, you may cancel at any time via your device by opening the Settings app, tapping your Apple ID name at the top, selecting Subscriptions, and choosing Cancel Subscription. Canceling a Subscription halts future billing cycles. You will retain access to the subscribed features and Backend Services through the remainder of your currently paid billing period. Uninstalling or deleting the application from your device does not automatically cancel your Subscription or stop Apple from processing recurring charges.
6.5 Refunds and Billing Inquiries.
All purchases are final. Because all payment processing is managed directly by Apple, Drug Analytics LLC has no technical mechanism or legal authority to issue refunds, reverse charges, or modify billing accounts. If you seek a refund or dispute a charge, you must submit a formal refund request directly to Apple in accordance with Apple’s Media Services Terms and Conditions (via reportaproblem.apple.com).
6.6 Entitlement Verification & Mandatory Network Connection.
Drug Analytics LLC reserves the right to validate your subscription status through cryptographic receipt validation, StoreKit 2 transaction verification, or backend server-to-server validation. If an active entitlement cannot be confirmed, access to premium or subscription-restricted features will be immediately suspended or downgraded. The Application is a remote-access interface that requires a continuous, live network connection to our Backend Services to function. No pharmaceutical databases, ingredient dictionaries, matching algorithms, or search indices are stored persistently on your device. The Application may temporarily display or retain the result of your most recent search query in volatile device memory solely during an active, uninterrupted app session until the query field is cleared or the Application is exited or terminated. You acknowledge and agree that the Service is entirely inoperable for new queries or verification without an active internet connection. Under no circumstances shall Drug Analytics LLC be liable for any inability to access features, conduct ingredient queries, or verify entitlements resulting from cellular disruptions, device offline status, airplane mode, or localized lack of internet coverage.
6.7 Family Sharing.
If a Subscription tier is explicitly designated as eligible for Apple Family Sharing, access to the Service may be shared with members of your designated Family Sharing group in accordance with Apple’s Family Sharing rules and account limits. Drug Analytics LLC reserves the right to modify, restrict, or discontinue Family Sharing eligibility for any subscription tier in future releases.
Section 7: Disclaimer of Warranties
7.1 "AS IS" and "AS AVAILABLE" Provision.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE (INCLUDING THE IOS/IPADOS CLIENT APPLICATION, ALL BACKEND SERVICES, APIS, SERVERS, DATABASE TABLES, INGREDIENT SOURCING DESIGNATIONS, MATCHING ALGORITHMS, DERIVATION CLASSIFICATIONS, AND ALL ASSOCIATED OUTPUT) IS PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, ERRORS, DEFECTS, AND OMISSIONS, AND WITHOUT WARRANTY OF ANY KIND.
7.2 Disclaimer of All Implied Warranties.
DRUG ANALYTICS LLC AND ITS MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS (COLLECTIVELY, THE "COMPANY PARTIES") HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING OUT OF A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THIS INCLUDES, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND NON-INFRINGEMENT.
7.3 Data Accuracy and Technical Integrity Disclaimers.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY PARTIES MAKE NO WARRANTY, COVENANT, OR REPRESENTATION THAT:
(a) THE SERVICE WILL MEET YOUR INDIVIDUAL REQUIREMENTS, MEDICAL NEEDS, OR DIETARY PREFERENCES;
(b) THE OPERATION OF THE CLIENT APPLICATION, APIS, OR BACKEND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, BUG-FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
(c) DEFECTS, TEXT-MINING ERRORS, OR INGREDIENT INACCURACIES WILL BE IDENTIFIED OR CORRECTED;
(d) THE PUBLIC DATA INGESTED FROM REGULATORY REPOSITORIES (INCLUDING THE FDA SPL DATABASE) OR PROPRIETARY DERIVATION CLASSIFICATIONS ARE ACCURATE, EXHAUSTIVE, SCIENTIFICALLY COMPLETE, UP-TO-DATE, OR RELIABLE; OR
(e) ANY PRODUCT IDENTIFIED OR DISPLAYED BY THE SERVICE IS FREE FROM SPECIFIC ALLERGENS, MAMMALIAN DERIVATIVES (INCLUDING ALPHA-GAL), GLUTEN, UNLISTED PROCESSING CHEMICALS, OR CROSS-CONTAMINATION.
7.4 No Creation of Warranty and Security Disclaimers.
NO ORAL OR WRITTEN INFORMATION, GUIDANCE, OR ADVICE GIVEN BY DRUG ANALYTICS LLC, ITS EMPLOYEES, OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE LIMITED WARRANTIES SPECIFIED IN THIS AGREEMENT. YOU MAY NOT RELY UPON ANY SUCH INFORMATION OR ADVICE. FURTHERMORE, WHILE WE IMPLEMENT COMMERCIALLY REASONABLE SECURITY MEASURES, DRUG ANALYTICS LLC DOES NOT WARRANT THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, CYBERATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSIONS, AND DRUG ANALYTICS LLC EXPRESSLY DISCLAIMS ANY LIABILITY RELATING THERETO.
7.5 AUTOMATED EXTRACTION AND HEURISTIC BOUNDARIES. THE SERVICE PROVIDES ENHANCED VISIBILITY INTO UNSTRUCTURED REGULATORY FILINGS BY UTILIZING AUTOMATED, DICTIONARY-BASED STRING-MATCHING AND PROXIMITY HEURISTICS. WHILE THESE ALGORITHMS EXAMINE COMMON ANCHOR PHRASES TO INFER CONTEXT, EXTRACTING INGREDIENT DATA FROM VARIABLE, HUMAN-WRITTEN TEXT INHERENTLY INVOLVES PROBABILISTIC LIMITS. IF A DRUG MANUFACTURER UTILIZES NON-STANDARD PHRASING, OMITS CONTEXTUAL KEYWORDS, OR PLACES INGREDIENTS IN UNEXPECTED SECTIONS OF THE LABEL, THE SYSTEM MAY ENCOUNTER CONTEXTUAL VARIANCE OR CONTEXTUAL FALSE POSITIVES. THE SYSTEM CAN ONLY IDENTIFY INGREDIENTS PRESENT IN ITS PRE-COMPILED DICTIONARY.
TO PREVENT FALSE ASSURANCES, THE ARCHITECTURE EXPRESSLY OMITS AND HIDES FROM SEARCH RESULTS ANY DRUG RECORD CONTAINING UNRECOGNIZED, PENDING, OR UNVERIFIED INGREDIENTS. THE OMISSION, ABSENCE, OR UNAVAILABILITY OF ANY DRUG OR INGREDIENT WITHIN THE SERVICE MUST NEVER BE INTERPRETED AS AN INDICATION OF SAFETY OR THE ABSENCE OF TARGET ALLERGENS.
DRUG ANALYTICS LLC DISCLAIMS ALL LIABILITY FOR MISSING DRUG RECORDS, ALERT FATIGUE, CONTEXTUAL VARIANCE, OR INACCURACIES INTRODUCED BY NON-STANDARD MANUFACTURER FORMATTING OR THE INHERENT LIMITS OF AUTOMATED HEURISTIC EXTRACTION. THE AUTOMATED TEXT-MINING HEURISTICS ARE A SUPPLEMENTAL TOOL; IF THE ALGORITHM FAILS TO DETECT AN INGREDIENT WITHIN THE UNSTRUCTURED TEXT, IT REPRESENTS A FAILURE TO CURE THE MANUFACTURER'S UNDERLYING OMISSION FROM THE STRUCTURED DATA. YOU ASSUME ALL RESPONSIBILITY ASSOCIATED WITH RELYING ON THESE AUTOMATED OUTPUTS, AND DRUG ANALYTICS LLC ASSUMES NO LIABILITY FOR INJURIES ARISING FROM A MANUFACTURER'S INITIAL FAILURE TO PROPERLY DISCLOSE INGREDIENTS.
Section 8: Limitation of Liability
8.1 Exclusion of Indirect and Consequential Damages.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL DRUG ANALYTICS LLC OR ANY OF THE COMPANY PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, BODILY INJURY, ILLNESS, ALLERGIC REACTIONS, ANAPHYLAXIS, WRONGFUL DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, MEDICAL EXPENSES, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER OR HARDWARE FAILURE, OR BACKEND SERVICE DOWNTIME, ARISING OUT OF OR IN CONNECTION WITH:
(a) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE;
(b) ANY ACTIONS TAKEN OR NOT TAKEN BASED UPON INGREDIENT LISTINGS, DERIVATION TAGS, SOURCE INDICATORS, GROUPING TIERS, OR CONTENT DISPLAYED BY THE SERVICE;
(c) INCOMPLETE, MISSING, INACCURATE, OUTDATED, OR MISLEADING DATA ORIGINATING FROM DRUG MANUFACTURERS OR REGULATORY FILINGS; OR
(d) ANY CROSS-CONTAMINATION, UNLISTED PROCESSING AIDS, OR LOT-TO-LOT SUPPLY CHAIN VARIATIONS.
THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ASSERTED—WHETHER SOUNDING IN CONTRACT, TORT (INCLUDING STRICT PRODUCT LIABILITY AND NEGLIGENCE, WHETHER ACTIVE OR PASSIVE), WARRANTY, STATUTORY DUTY, OR OTHERWISE—EVEN IF DRUG ANALYTICS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
8.2 Aggregate Financial Cap on Liability.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF DRUG ANALYTICS LLC AND THE COMPANY PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE CLIENT APPLICATION, OR THE BACKEND SERVICES SHALL UNDER NO CIRCUMSTANCES EXCEED THE GREATER OF:
(a) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO DRUG ANALYTICS LLC VIA APPLE IN-APP PURCHASES FOR USE OF THE SERVICE DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
(b) FIFTY UNITED STATES DOLLARS ($50.00 USD).
8.3 Essential Basis of the Bargain.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT DRUG ANALYTICS LLC HAS SET ITS SUBSCRIPTION FEES, OFFERED ACCESS TO THE SERVICE, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN SECTIONS 7 AND 8. THESE PROVISIONS ALLOCATE RISKS BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND DRUG ANALYTICS LLC. WITHOUT THESE LIMITATIONS, THE SERVICE WOULD NOT BE PROVIDED TO YOU.
8.4 JURISDICTIONAL AND CONSUMER LAW EXCEPTIONS:
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER SPECIFIC DAMAGES. IN SUCH JURISDICTIONS, THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN SECTION 7 AND SECTION 8 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAWS OF THAT JURISDICTION. IF ANY PORTION OF THESE LIMITATIONS OR EXCLUSIONS IS HELD TO BE INVALID OR UNENFORCEABLE UNDER APPLICABLE STATE OR LOCAL LAW, THE AGGREGATE LIABILITY OF DRUG ANALYTICS LLC SHALL NOT EXCEED THE MINIMUM LIABILITY AMOUNT PERMITTED BY SUCH APPLICABLE LAW, AND ALL OTHER TERMS, CONDITIONS, AND PROVISIONS OF THIS AGREEMENT SHALL REMAIN IN FULL LEGAL FORCE AND EFFECT.
Section 9: Dispute Resolution, Binding Individual Arbitration & Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, HAVE A JURY TRIAL, AND PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.
9.1 Informal Dispute Resolution Procedure.
Prior to initiating any formal legal proceeding or filing a demand for arbitration, you and Drug Analytics LLC agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement, the client application, or the Backend Services (a "Dispute") informally. (a) The initiating party must send a written notice of dispute ("Notice of Dispute") to the other party by certified mail or email. For notices sent to Drug Analytics LLC, the notice must be emailed to legal@druganalytics.ai. (b) The Notice of Dispute must include: (i) the claimant’s full name, email address, and mailing address; (ii) a detailed factual description of the nature and basis of the Dispute; and (iii) the specific relief sought. (c) Both parties agree to engage in good-faith negotiations to resolve the Dispute for a period of sixty (60) calendar days following receipt of the Notice of Dispute. Engaging in this informal process is an express condition precedent that must be satisfied before either party may initiate an arbitration demand or small claims filing.
9.2 Agreement to Binding Individual Arbitration.
If the Dispute cannot be resolved through the informal dispute resolution process within sixty (60) calendar days, you and Drug Analytics LLC agree that any and all Disputes shall be resolved exclusively through final, binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, except as modified by this Agreement. The Federal Arbitration Act (FAA) governs the interpretation and enforcement of this Section 9.
9.3 Exceptions and Carve-Outs to Arbitration.
Notwithstanding the mutual agreement to arbitrate, both parties retain the right to: (a) Small Claims Court: Bring an individual action in a small claims court of competent jurisdiction within Hall County, Georgia, provided the claim is within the statutory jurisdictional limits of that court and proceeds strictly on an individual, non-class basis; and (b) Injunctive Relief for Intellectual Property and Network Integrity: Seek emergency injunctive, declaratory, or equitable relief in a court of competent jurisdiction pursuant to Section 10.2 to prevent or halt actual or threatened intellectual property infringement, trade secret misappropriation, reverse engineering, scraping, denial-of-service attacks, or unauthorized API and server interference, without the necessity of posting a bond.
9.4 CLASS ACTION AND REPRESENTATIVE ACTION WAIVER.
YOU AND DRUG ANALYTICS LLC AGREE THAT ALL DISPUTES SHALL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR DRUG ANALYTICS LLC SHALL BE ENTITLED TO JOIN, CONSOLIDATE, OR COORDINATE CLAIMS BY OR AGAINST OTHER USERS, OR TO ARBITRATE OR LITIGATE ANY DISPUTE AS A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE CLAIMS OF MULTIPLE INDIVIDUALS OR PROCEED ON A CLASS-WIDE BASIS.
9.5 Arbitration Seat, Procedures, and Fees.
(a) Seat and Language: Unless you and Drug Analytics LLC mutually agree otherwise, the seat of the arbitration shall be Hall County, Georgia, and proceedings shall be conducted in English. (b) Remote Hearings: If the value of the claim is $10,000 USD or less, the arbitration shall be conducted solely based on written submissions or via video/telephonic conference, unless the arbitrator determines an in-person hearing is necessary. (c) Administrative Costs: Payment of filing, administration, and arbitrator fees will be governed by the applicable AAA Consumer Rules, subject to the coordinated mass-filing provisions below. If the arbitrator determines that either the substance of your claim or the relief sought in your arbitration demand is frivolous, unmerited, or brought for an improper purpose (as evaluated under the standards set forth in Federal Rule of Civil Procedure 11(b)), the payment of all arbitration filing, administration, and arbitrator fees shall be governed by the applicable AAA Rules, and you affirmatively agree to immediately reimburse Drug Analytics LLC for all administrative fees, arbitrator compensation, and associated expenses advanced on your behalf that would otherwise be your legal obligation under such determination.
9.6 Batching Protocol for Coordinated Mass Filings.
To ensure the efficient and fair resolution of claims, if twenty-five (25) or more similar demands for arbitration are filed against Drug Analytics LLC asserting substantially identical claims and represented by the same counsel or coordinated counsel: (a) The AAA shall group the claims into sequential batches of twenty-five (25) demands per batch (or a single final batch for any remainder). (b) The AAA shall administer each batch as a single consolidated arbitration proceeding with one arbitrator assigned to each batch, one set of filing fees per batch, and one procedural schedule. (c) The parties shall arbitrate the first batch to a final award. No arbitration demands may be filed, processed, or administered, and no administrative or arbitrator fees shall be assessed, billed, or owed to the AAA for claims outside the active batch until the active batch is fully resolved. (d) If the parties are unable to resolve the remaining claims after the conclusion of the first batch, the process shall repeat for subsequent batches. All applicable statutes of limitations and filing deadlines shall be tolled during this phased process.
9.7 Right to Opt Out of Arbitration.
You have the right to opt out of the provisions of this Section 9 (binding arbitration and class action waiver) by sending a formal, written opt-out notice to Drug Analytics LLC within thirty (30) calendar days of the date you first download, install, or access the client application. (a) The opt-out notice must be delivered via email to legal@druganalytics.ai with the subject line: "Arbitration Opt-Out Notice." (b) The notice must include: (i) your full legal name; (ii) the email address associated with your App Store or device account; and (iii) an unequivocal statement indicating your desire to opt out of binding arbitration. (c) If you opt out, all other sections of this Agreement (including Section 3, Section 4, Section 7, Section 8, and Section 10) remain in full force and effect.
9.8 Severability.
If any clause within this Section 9 (other than the Class Action Waiver in Section 9.4) is found to be illegal or unenforceable, that clause shall be severed, and the remainder of this Section 9 shall be given full force and effect. If the Class Action Waiver in Section 9.4 is found to be invalid, illegal, or unenforceable as to all or parts of a Dispute, then the entirety of this Section 9 (except this sentence) shall be null and void as to those specific claims, and such claims shall proceed in a court of competent jurisdiction pursuant to Section 10.
9.9 Time Limitation on Claims.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, OR THIS AGREEMENT, MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY. IF NOT FILED WITHIN THIS ONE-YEAR PERIOD, SUCH CLAIM OR CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
Section 10: Governing Law, Venue, Severability & Developer Information
10.1 Governing Law.
This Agreement, your access to and use of the Service, and any Dispute arising out of or related to this Agreement (whether sounding in contract, tort, statutory duty, or common law) shall be governed by, construed, and enforced in accordance with the laws of the State of Georgia, United States of America, without regard to its conflict of law principles or rules that would require the application of the laws of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded and shall not apply to this Agreement.
10.2 Judicial Forum, Exclusive Venue, and Purposeful Availment. To the extent that any lawsuit, proceeding, or judicial action is permitted under this Agreement—including any action to enforce an arbitration award, any claim exempted from mandatory arbitration pursuant to Section 9.3, or any claim proceeding in court due to an arbitration opt-out or judicial severance: (a) You and Drug Analytics LLC agree to submit to the exclusive personal and subject matter jurisdiction of the state courts situated in Hall County, Georgia, or the United States District Court for the Northern District of Georgia (Gainesville Division). (b) You acknowledge that Drug Analytics LLC is a Georgia entity and that the Service is designed, governed, and administered from its headquarters in Georgia. By downloading the Application, querying the Backend Services, or otherwise utilizing the Service, you are purposefully availing yourself of the laws and jurisdiction of the State of Georgia, and you explicitly waive the application of your home jurisdiction’s consumer protection statutes to the maximum extent permitted by applicable law. (c) You and Drug Analytics LLC irrevocably waive any objection to the laying of venue in such courts, including any defense of inconvenient forum (forum non conveniens).
10.3 Severability.
Except as expressly provided in Section 9.8 regarding the Class Action Waiver, if any provision of this Agreement is held to be invalid, illegal, or unenforceable under applicable law by an arbitrator or court of competent jurisdiction: (a) That specific provision shall be enforced to the maximum extent permissible so as to effect the original intent of the parties; and (b) The remaining provisions, terms, covenants, and restrictions of this Agreement shall remain in full force and effect without impairment.
10.4 Entire Agreement & Non-Waiver.
This Agreement, together with the Privacy Policy incorporated herein by reference, constitutes the entire, complete, and final understanding and agreement between you and Drug Analytics LLC regarding the Service, superseding all prior or contemporaneous understandings, proposals, agreements, communications, or representations (whether written, oral, or electronic). The failure of Drug Analytics LLC to exercise or enforce any right, power, or provision of this Agreement shall not operate as a waiver of that right or provision, nor shall any single or partial exercise preclude any other or further exercise thereof.
10.5 Assignment.
You may not assign, transfer, delegate, or sublicense this Agreement, or any of your rights or obligations hereunder, without the prior written consent of Drug Analytics LLC. Any attempted assignment in violation of this section shall be null and void ab initio. Drug Analytics LLC may freely assign, transfer, or delegate this Agreement, in whole or in part, without restriction or notice, in connection with a corporate reorganization, merger, acquisition, sale of assets, or operation of law.
10.6 Force Majeure.
Drug Analytics LLC shall not be held liable or responsible for any failure, delay, or interruption in the performance of the Service or Backend Services resulting from acts beyond its reasonable control. This includes, without limitation: acts of God, severe weather events, power outages, utility failures, telecommunications or cloud infrastructure disruptions, third-party server hosting failures (including container or database cluster outages), upstream regulatory database downtime (including FDA SPL service interruptions), labor disputes, civil disturbances, embargoes, or government actions.
10.7 Developer Identification and Contact Information.
In accordance with Apple App Store Developer requirements and general consumer notification standards, the Service is operated and licensed by: Legal Entity Name: Drug Analytics LLC State of Formation: Georgia, USA Mailing Address: 200 Main Street, Gainesville, GA 30501 General & Support Email: support@druganalytics.ai Legal & Notice Email: legal@druganalytics.ai
10.8 Notice to California Residents.
Under California Civil Code Section 1789.3, California users of an electronic commercial service are entitled to the following specific consumer rights notice: The Service is provided by Drug Analytics LLC. If you have a question or complaint regarding the Service, please contact us at legal@druganalytics.ai. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
10.9 Waiver of Jury Trial.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND DRUG ANALYTICS LLC EACH HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ALL RIGHTS TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICE, OR THE BACKEND SERVICES, INCLUDING ANY CLAIMS THAT PROCEED IN COURT RATHER THAN IN ARBITRATION.
10.10 Survival.
Any provisions of this Agreement that, by their nature, should survive the termination or expiration of this Agreement in order to fulfill their essential purpose shall so survive. This includes, without limitation, Sections 3 (Absolute Healthcare Disclaimers), 4 (Pharmaceutical Regulatory Data), 5.3 (Prohibited Conduct), 5.5 (Intellectual Property Rights), 5.6 (Feedback), 7 (Disclaimer of Warranties), 8 (Limitation of Liability), 9 (Dispute Resolution), 10 (Governing Law and Venue), and 11 (Indemnification).
10.11 Export Controls and Sanctions.
The Service, the Backend Services, and the underlying software may be subject to United States export controls and economic sanctions laws. You represent and warrant that you are not located in, under the control of, or a national or resident of any comprehensively sanctioned jurisdiction (including, without limitation, Cuba, Iran, North Korea, Syria, or the Crimea, Donetsk, and Luhansk regions of Ukraine). Furthermore, you represent and warrant that you are not listed on any U.S. government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List. You agree to comply strictly with all U.S. export laws and assume sole legal responsibility for any violation thereof.
Section 11: Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Drug Analytics LLC, its officers, directors, members, employees, agents, licensors, and suppliers from and against any and all claims, actions, lawsuits, demands, liabilities, settlements, damages, losses, and expenses (including, without limitation, reasonable attorneys' fees and accounting costs) arising out of or resulting from: (a) Your breach or violation of any term, condition, or restriction set forth in this Agreement; (b) Your unauthorized use, abuse, or misuse of the Service or Backend Services; (c) Your reliance upon the Service for clinical, medical, or diagnostic decision-making, or any failure to independently verify pharmaceutical ingredients in direct violation of Section 3 of this Agreement; (d) Your violation of any applicable law, regulation, or third-party right, including network security and intellectual property rights; (e) Any access, query, evaluation, or use of the Service by you on behalf of, or for the benefit of, any minor child, dependent, ward, family member, or other third party; or (f) Any representations, advice, communications, or claims made by you to third parties in a clinical, commercial, or professional capacity regarding the composition, safety, tolerability, or suitability of any pharmaceutical product evaluated through the Service.
Drug Analytics LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with Drug Analytics LLC in asserting any available legal defenses.