Terms of Service

Last Update: 2023-06-20


OVERVIEW


Ani Biome is a brand owned by Cidrani d.o.o., Ulica Ivana Meštrovića 35, 10 360 Sesvete, VAT number: HR89473677493 (Cidrani EU). Throughout the site, the terms “Cidrani”, “Ani Biome” “we”, “us” and “our” refer to Cidrani EU. Cidrani EU offers this website, including all information, tools and Services available from this site to you (“you”, “User”, “Client”) conditioned upon your acceptance of all terms, conditions, policies and notices stated here.


These terms of service (the “Terms of Service”, “Terms”) tell you the terms on which you may use the Service by Ani Biome.


In these Terms, the following word “Service” shall have the meanings given below:


- the services that Ani Biome makes available through the web and the app Ani DailyTM which allow you to track, manage and share information related to your vitality. 

- the services include subscription services (“Subscription”, “Membership”, “Ani Membership”), plans, products in the form of fermented nutraceuticals (“AgeBioticsTM”), website, software applications including mobile applications (“App”, “Ani DailyTM”), and data analysis provided by Ani Biome.


Please read these Terms carefully before you start to use the Service by Ani Biome. By using the Service, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the Service. These Terms should be read alongside our Privacy Policy (https://anibiome.ai/pages/privacy-policy). 


By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, Clients, merchants, and/ or contributors of content.


Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any other Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.


Any new features or tools which are added to the current Services shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.


GENERAL CONDITIONS


These Terms apply to all agreements concluded between Ani Biome and you as a Client via the Ani Biome webshop (purchased Membership plan).


All agreements made between you and us in connection with the use of our website and app are specifically governed by these Terms, our written order confirmation and our acceptance notice.

The version of the Terms valid at the time of use of the website and app or at the time of conclusion of the purchase agreement or subscription shall apply.

We do not accept any deviating terms of service of the Clients. This also applies if we do not expressly object to their inclusion.

We sell our goods for private use only. A commercial resale of our goods is prohibited.


PERSONAL INFORMATION


We need to collect certain personal information from you in order to provide you with the Service.


We take privacy seriously and are committed to ensuring your information is handled appropriately. For that reason, any of your Personal Data generated by the use of Ani Biome will only be collected, stored and processed by us and governed by our Privacy Policy, which can be viewed here: https://anibiome.ai/pages/privacy-policy. By agreeing to these Terms of Service, you consent to have your personal information collected and used as described in our Privacy Policy.


YOUR ACCOUNT


By agreeing to these Terms of Service, you represent that you are eighteen (18) years of age or older with capacity to enter into binding contracts based on the laws of the country of your residence;


You may not reproduce, republish, transmit or distribute any material, information or content from our Services, without our prior written consent. You may use our Service for personal use only and not for any commercial purpose, unless Ani Biome has given its prior written consent to such usage.


You must provide accurate and complete information when creating your account and keep your           account information updated. We may suspend or terminate your account and access to the Service if any information provided proves not to be accurate or current.


You are responsible for maintaining the confidentiality of your account details, including your passwords or any other piece of information that forms part of our security procedures. You authorize us to act on instructions received under your account and we will not be liable for any loss that you might suffer through following such instructions whether by you or another person.


You must contact us immediately if you believe that your account has been compromised or if you believe that the security of your account is at risk.


COPYRIGHT POLICY


You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


All intellectual property (including the screen displays, the content, the text, graphics and look and feel of the web and other platforms), belongs to us or our licensors. All trademarks, service marks, company names or logos are the property of their respective holders. Any use by you of these marks, names and logos may constitute an infringement of the holders' rights.


The Services are designed to allow you to track, manage and share your vitality-related information. Any material we provide through the Services or resulting from your use of the Services, including any recommendations or suggestions, is for informational and educational purposes only and does not constitute medical advice, diagnosis and/or treatment.

Certain of the Services we provide gives you information based on your shared data. They do not diagnose your own health condition or make treatment recommendations for you.            You should seek appropriate medical advice before taking any action that may impact on your health.

The Services we provide are not a substitute for a doctor or other healthcare professional. We make no warranties in relation to the output or results of our Services.


ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION


The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.


PRODUCTS OR SERVICES


Ani Biome’s current Service can be accessed within the domain of Membership plans.

Unless specifically stated otherwise, any new features, services or software applications introduced shall be subject to these Terms.


Ani Biome offers three Membership plans: Monthly, 3 Month, and 12 Month. Each plan has different features and benefits, and you may choose the one that suits your needs. Membership plans are subject to change at any time, and we will notify you of any changes in advance.



We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We do not guarantee that the colors and images of our products will be  error-free on your computer monitor's display. 

 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.


We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.


By accessing and using the Services, you agree to, acknowledge, and represent as follows:


- You understand that by providing any data, and having them processed, you acquire no ownership or licensing rights in any form of products that may be developed by Ani Biome or its collaborating partners. You specifically understand that you will not receive any current or future compensation for any part that includes or results from use of your data.


Using AgeBioticsTM

By using the AgeBioticsTM, and accepting these Terms, you also agree to the following:

- You are required to read the instructions on the packaging and follow the appropriate instructions for use of AgeBioticsTM delivered to you;

- You are required to read the safety precautions that accompany each AgeBioticsTM or their components;

- AgeBioticsTM are manufactured with the intent to be used within the specified date located on the packaging; and

- You give permission to Ani Biome, and its successors and assignees, subject to the following representations, to perform the machine learning models to use your data for personalizing your AgeBioticsTM as well as other current or future Services.


MEMBERSHIP FEES, PAYMENTS, AND AUTOMATIC RENEWALS


You acknowledge and agree that by ordering Ani Biome Services, you are signing up for a Membership with us. We reserve the right to change any of the fees that we charge, or to institute new or additional fees, at any time upon notice to you.

You agree to pay all applicable Membership fees made known to you when you order Ani Biome Services (“Membership Fees”). We may use a third party payment vendor (“Third-Party Payment Vendor”) to process your payment of Membership Fees. You warrant and represent that you are the valid owner or an authorized user, of the credit card or other payment card to such Third Party Payment Vendor, and that all information you provide is accurate.

The following conditions apply to the Memberships:


European Union 14 day cooling off period


If the merchandise is being shipped into the European Union, you have the right to cancel or return your order within 14 days, for any reason and without a justification. As above, your items must be in the same condition that you received it, and in its original packaging. You’ll also need the receipt or proof of purchase.


- Payment:

- We do not collect or store any of your payment information. Payment of subscription fees is managed by Third-Party Payment Vendor.

- When you purchase an order, the sale is final and we will not be able to provide a refund. Your purchase will be subject to Third-Party Payment Vendor’s applicable payment policy.


- Renewal:

- Unless you cancel your “3 Month” or “12 Month” Subscription, the Subscription will automatically renew at the end of the Subscription period for the same period of time as the initial Subscription and you will be charged in full for the renewed Subscription. If the payment cannot be charged to your credit card or if a charge is refunded for any reason, we reserve the right to immediately either suspend or terminate your access and account, thereby terminating this Agreement and all our obligations hereunder. 


- Cancellation:

- Clients who have subscribed to the monthly plan have the flexibility to cancel their subscription before the start of a new month. This allows them to discontinue their subscription without any further charges.

However, Clients who have subscribed to the 3-month or 12-month plan are committed to the agreed duration. They can only cancel their subscription without any additional charge after the completion of the respective 3-month or 12-month period. It is important to note that cancellation requests for these plans will not be processed until the required duration has passed.

It is recommended to review the specific terms and conditions associated with the chosen subscription plan to understand any applicable cancellation policies or fees.

To initiate the cancellation process, Clients need to contact our Client support team at ani@anibiome.ai.


- You are not entitled to a pro-rated refund if you choose to cancel your Subscription before it expires. You will continue to have access to the Subscription you have purchased for the remainder of the Subscription, unless you choose to delete the Account.


 - You must cancel your Subscription before it renews in accordance with these Terms in order to avoid being charged the subscription fee for the next payment period.


TERMINATION


Unless otherwise prohibited by law, Ani Biome shall have the right to terminate your Membership and any of our Services, at our sole discretion at any time; provided that if you are not in breach of these Terms Ani Biome will provide you with a refund of any Membership Fee paid by you in advance reflecting the period in which you did not benefit from the terminated Services as a result of such termination.

The terms of your cancellation of your Membership are outlined in our Refund policy:
https://anibiome.ai/pages/refund-policy

We may terminate your Subscription, close your account and/or prevent your access to and use of the Services with immediately effect if:

- you breach, or we suspect you are in breach of the rules in section “YOUR ACCOUNT”;
- we suspect that you are doing something illegal;
- any fees due under these Terms are outstanding for thirty (30) days from the due date; or
- in our reasonable opinion, the security or integrity of the Services has been, or may                    be, compromised or is otherwise at risk.

In the case of a monthly Membership, you authorize Ani Biome to charge your credit card after each one (1) month pre-paid period ends and, subject to our Refund Policy, you may only cancel your Monthly Membership after your initial commitment period of twelve (12) months, if applicable, ends. In the case of three (3) and twelve (12) month Memberships, the initial non-refundable (subject to the terms found in our Refund Policy) Membership Fee covers the first three (3) or twelve (12) Membership (“Initial Membership Fee”), respectively.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).


MODIFICATIONS TO THE SERVICE AND PRICES


Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.


ACCURACY OF BILLING AND ACCOUNT INFORMATION


We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same Client account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.


You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.


For more details, please review our Refund Policy: https://anibiome.ai/pages/refund-policy


ERRORS, INACCURACIES AND OMISSIONS


Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. 

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).


We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.


OPTIONAL TOOLS


We may provide you with access to third-party tools which we neither monitor nor have any control nor input over.


You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the App and/or Web is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.


THIRD-PARTY LINKS


Certain content, products and Services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.


Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you -  https://www.shopify.com/legal.


USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS


If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation:

- to maintain any comments in confidence; 

- to pay compensation for any comments; or 

- to respond to any comments.


We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.


PROHIBITED USES


In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the App, the website or its content: 

- for any unlawful purpose;

- to solicit others to perform or participate in any unlawful acts; 

- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; 

- to infringe upon or violate our intellectual property rights or the intellectual property rights of others; 

- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; 

- to submit false or misleading information; 

- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; 

- to collect or track the personal information of others; 

- to spam, phish, pharm, pretext, spider, crawl, or scrape; 

- for any obscene or immoral purpose; or 

- to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY


We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.


You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.


In no case shall Ani Biome, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.


While we take all reasonable precautions to keep the softwares free from viruses, corrupt files and other malicious software, we cannot guarantee this.  We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your device.


INDEMNIFICATION


You agree to indemnify, defend and hold harmless Cidrani EU and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


SEVERABILITY


In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.




ENTIRE AGREEMENT


The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.


OUR RESPONSIBILITY TO YOU

 

If the Services fail to meet the standards required by applicable law, please contact Ani Biome for information as to any refund you may be entitled to.


We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.


Ani Biome shall only be liable under these Terms for losses which are reasonably foreseeable and caused by Ani Biome's breach of these Terms or Humanity's negligence.



Nothing in these Terms excludes any statutory rights which may apply to your use of the Services and associated Services which cannot be excluded, restricted or modified by contract.


Although we have taken all reasonable care to ensure that the features and functionalities provided through the Services are of a reasonably satisfactory standard, certain features may rely on your device or networks and connections that are beyond our control. We shall therefore not be liable or responsible for any failure to perform, or delay in performance, of any of our obligations to you which are caused by events outside our reasonable control.

 

GOVERNING LAW


These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Croatia 

However,this does not exclude any mandatory legal rights you may have in your country of residence, where we are not allowed to exclude such as a matter of law.  The Croatian courts will have jurisdiction but this does not affect your ability to make a claim in your country of residence where you have this right.



CHANGES TO TERMS OF SERVICE


You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


COMPLAINTS


If you have a complaint or dispute with us relating to the Services, in the first instance, please contact us via e-mail ani@anibiome.ai and we will attempt to resolve the complaint or dispute informally.


If we are unable to resolve your complaint or dispute with you informally, we will suggest an            appropriate consumer focused mediation or arbitration dispute resolution service based on the nature of the complaint or dispute and your location.


Whilst you are under no obligation to resolve your complaint or dispute using this service, we would hope that you will use this service as we consider this the most cost effective and appropriate way to resolve complaints and disputes with our users.


CONTACT INFORMATION


Questions about the Terms of Service should be sent to us at ani@anibiome.ai.

Our contact information is posted below:


Cidrani EU

ani@anibiome.ai


We will mainly contact you by sending notifications to your device. 

We may also contact you by email using the details you provided when creating your account. As such, you must notify us as soon as possible if any of your details change.


FUTURE IMPROVEMENTS


As we are constantly improving performance, enhancing functionality, reflecting changes to our products or regulations, or addressing security issues, we may ask you to ensure you can access the latest versions of the Services (e.g. update the mobile application).

If you choose not to ensure such conditions or if you opt out of automatic updates you may not be able to continue using the Services.