The website located at www.templeofherbs.com (the "Site") is a copyrighted work belonging to Daeji inc. ("Company", "us", "our", and "we"). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms of Service (these "Terms") set forth the legally binding terms and conditions that govern your use of the Site and our AI-powered herbal analysis service. By accessing or using the Site, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). You may not access or use the Site or accept the Terms if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms, do not access and/or use the Site.
PLEASE BE AWARE THAT SECTION 11.2 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND COMPANY. AMONG OTHER THINGS, SECTION 11.2 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 11.2 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 11.2 CAREFULLY.
1. MEDICAL AND HEALTH DISCLAIMERS
1.1 Not Medical Advice
⚠ CRITICAL NOTICE: This service is NOT medical diagnosis, treatment, or prescription.
Temple of Herbs provides AI-powered herbal recommendations for educational and informational purposes only. Our service is not intended to diagnose, treat, cure, or prevent any disease or medical condition. You acknowledge and agree that:
- Our AI analysis is not a substitute for professional medical advice, diagnosis, or treatment
- You must always seek the advice of qualified healthcare providers before starting any herbal supplements
- You should never disregard professional medical advice or delay seeking it because of information from our service
- Individual results from herbal supplements may vary and are not guaranteed
1.2 AI Analysis Limitations
Our artificial intelligence system has inherent limitations:
- Cannot perform physical examinations or order medical tests
- Cannot make medical diagnoses or replace professional medical judgment
- Depends on the accuracy and completeness of information you provide
- May produce different results over time as the system evolves
- Should not be your sole source of health-related decisions
1.3 Emergency Situations
If you experience any medical emergency or severe adverse reactions while using our products, immediately seek medical attention or call 911. Do not rely on our service for emergency medical situations.
1.4 Special Populations
Extra caution is required for:
- Pregnant or nursing women
- Children under 18 years of age
- Individuals with chronic medical conditions
- Individuals taking prescription medications
- Individuals with known allergies or sensitivities
1.5 Contraindications for Service Use
⚠ DO NOT USE THIS SERVICE if you:
- Have any surgery or medical procedure scheduled within 30 days
- Are currently undergoing fertility treatments (IVF, IUI, ovulation induction, hormone therapy)
- Are in active cancer treatment (chemotherapy, radiation therapy, immunotherapy)
- Are preparing for or recovering from organ transplant
- Are in the pre-operative or post-operative period (30 days before/after surgery)
- Are undergoing any hormone-based medical treatment or therapy
⚠ Herbal supplements can:
- Interfere with anesthesia and surgical medications
- Affect blood clotting and wound healing
- Interact with fertility hormones and reduce treatment success rates
- Compromise immune system function during critical treatments
- Cause unexpected drug interactions during medical procedures
⚠ It is your responsibility to:
- Discontinue all herbal supplements at least 14 days before any medical procedure
- Inform your medical team about any herbal supplements you have taken
- Postpone using our service until after completion of medical treatments
- Consult with your healthcare provider about appropriate timing for herbal support
2. FDA AND REGULATORY DISCLAIMERS
2.1 Dietary Supplement Status
⚠ FDA DISCLAIMER: These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease.
All herbal products provided through our service are classified as dietary supplements under FDA regulations. We make no medical or therapeutic claims about our products' ability to treat specific diseases or conditions.
2.2 Quality and Manufacturing
While our products are manufactured in facilities following Good Manufacturing Practice (GMP) guidelines, individual results cannot be guaranteed. Product effectiveness may vary based on individual health conditions, lifestyle, and other factors.
3. ACCOUNTS
3.1 Account Creation
To use our AI herbal analysis service, you must register for an account ("Account") and provide accurate health and personal information. You represent and warrant that:
- All registration and health information you submit is truthful and accurate
- You will maintain the accuracy of such information
- You will promptly update your health information if your condition changes
- You are at least 18 years old or have parental consent
3.2 Account Responsibilities
You are responsible for:
- Maintaining the confidentiality of your Account login information
- All activities that occur under your Account
- Immediately notifying Company of any unauthorized use of your Account
- Providing accurate and complete health information for AI analysis
Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
4. HEALTH INFORMATION AND PRIVACY
4.1 Health Information Collection
By using our service, you consent to our collection, use, and analysis of your health information, including:
- Personal health data provided in questionnaires
- Medical history and current symptoms
- Medication and supplement usage
- Lifestyle and dietary information
4.2 HIPAA Compliance
We handle your protected health information (PHI) in accordance with HIPAA regulations. Please review our HIPAA Privacy Notice for detailed information about how we protect and use your health information.
4.3 AI Data Processing
Your health information will be processed by our AI system to generate herbal recommendations. This processing is conducted with appropriate security measures and in accordance with our Privacy Policy.
5. SERVICE DESCRIPTION AND ACCESS
5.1 AI Herbal Analysis Service
Our service provides:
- AI-powered analysis of your health information
- Personalized herbal supplement recommendations
- Educational information about traditional herbal medicine
- Order fulfillment and delivery of recommended products
5.2 License to Use
Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site and Service solely for your own personal, noncommercial use.
5.3 Service Restrictions
You shall not:
- Use the service for any illegal or unauthorized purpose
- Attempt to reverse engineer or reproduce our AI algorithms
- Share your account credentials with others
- Use the service to treat serious medical conditions without professional oversight
- Provide false or misleading health information
5.4 Service Modifications
Company reserves the right to modify, suspend, or discontinue the Service (in whole or in part) with or without notice to you. We may also update our AI algorithms and recommendations based on new research and data.
6. HEALTH INFORMATION ACCURACY AND USER RESPONSIBILITIES
6.1 Information Accuracy
You acknowledge that the quality of our AI recommendations depends entirely on the accuracy and completeness of the health information you provide. You agree to:
- Provide truthful and complete health information
- Update your information when your health status changes
- Inform us of any adverse reactions or side effects
- Consult healthcare providers before making significant health decisions
6.2 Product Use Responsibilities
When using our recommended products, you agree to:
- Follow all product instructions and dosage guidelines
- Monitor your body's response to herbal supplements
- Discontinue use and seek medical attention if adverse reactions occur
- Inform your healthcare providers about any herbal supplements you're taking
6.3 Drug Interactions and Allergies
You are responsible for:
- Checking for potential interactions between herbal supplements and your medications
- Informing us of all known allergies and sensitivities
- Consulting with pharmacists or physicians about potential interactions
- Reading all product labels and ingredient lists carefully
7. PROHIBITED USES AND CONDUCT
7.1 Prohibited Health-Related Uses
You agree not to use our service:
- As a substitute for professional medical care
- To diagnose or treat serious medical conditions
- During medical emergencies
- To provide health advice to others based on your recommendations
- While ignoring the advice of qualified healthcare professionals
7.2 General Prohibited Conduct
You also agree not to:
- Upload false health information or impersonate others
- Use the service in any way that could harm minors
- Attempt to access other users' health information
- Use automated tools to access our AI system without permission
- Distribute or share AI recommendations intended for your personal use
8. ORDERS, PAYMENT, AND SHIPPING
8.1 Product Orders
When you place an order for herbal products:
- You confirm that the products are appropriate for your health situation
- You acknowledge understanding of all product information and warnings
- You accept responsibility for consulting healthcare providers before use
- You agree to pay all applicable fees, taxes, and shipping costs
8.2 Payment Terms
- Payment is due at time of order placement
- We accept major credit cards and other payment methods as displayed
- All prices are subject to change without notice
- Subscription services will be billed automatically unless cancelled
8.3 Shipping and Delivery
- Products will be shipped to the address you provide
- Shipping times and costs vary by location
- Risk of loss transfers to you upon delivery
- You must be 18 or older to receive shipments
8.4 Returns and Refunds
- Unopened products may be returned within 30 days of delivery
- Opened products cannot be returned for safety and regulatory reasons
- Shipping costs are non-refundable unless the error was ours
- Refunds will be processed to the original payment method
9. INTELLECTUAL PROPERTY
9.1 Company Intellectual Property
All intellectual property rights in the Site, Service, AI algorithms, and content are owned by Company or our licensors. This includes:
- Proprietary AI analysis methods and databases
- Herbal medicine knowledge bases and recommendations
- Website design, graphics, and user interface
- Trademarks, logos, and brand elements
9.2 User-Generated Health Data
While we respect your ownership of your personal health information, by using our service you grant us a limited license to:
- Use your health data to generate your personal recommendations
- Analyze aggregate, de-identified data to improve our AI system
- Retain your health information as required by law and for ongoing service
9.3 Feedback and Suggestions
Any feedback or suggestions you provide about our service become our property and may be used to improve our offerings without compensation to you.
10. LIMITATION OF LIABILITY AND DISCLAIMERS
10.1 Health-Related Disclaimers
THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES REGARDING:
- The accuracy or completeness of AI-generated recommendations
- The safety or effectiveness of recommended herbal products
- The absence of adverse reactions or side effects
- The compatibility of products with your specific health conditions
- The accuracy of health information in our databases
10.2 General Service Disclaimers
COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
For Health-Related Issues:
- We are not liable for any health complications, adverse reactions, or medical issues arising from use of our service or products
- You assume all risks associated with using herbal supplements
- Our liability for any health-related claims is limited to the amount you paid for the specific product
For General Service Issues:
- Our total liability will not exceed $50 or the amount you paid in the 12 months preceding the claim
- We are not liable for indirect, consequential, or punitive damages
- We are not liable for business interruption, lost profits, or data loss
11. DISPUTE RESOLUTION
11.1 Informal Resolution
Before initiating any legal proceedings, you agree to first contact us at ethan@templeofherbs.com to attempt informal resolution of any dispute. We will work in good faith to resolve issues promptly.
11.2 Binding Arbitration
PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY.
Applicability
Any dispute between you and Company relating to the Site, Service, or these Terms will be resolved by binding arbitration rather than in court, except for:
- Small claims court cases that qualify and remain individual
- Intellectual property disputes
- Emergency injunctive relief
Arbitration Process
- Arbitration will be conducted by JAMS under their current rules
- The arbitration will be held in the county where you reside
- Each party bears their own attorney fees unless arbitrator finds claims frivolous
- The arbitrator's decision is final and binding
Class Action Waiver
YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE PROCEEDINGS. Disputes must be brought individually.
Opt-Out Right
You may opt out of this arbitration agreement by sending written notice to 1111b S Governors Ave STE 23714, Dover, Delaware 19904 or ethan@templeofherbs.com within 30 days of accepting these Terms.
12. INDEMNIFICATION
You agree to indemnify and hold Company harmless from any claims, damages, or expenses (including attorney fees) arising from:
- Your use of the Service or herbal products
- Your violation of these Terms
- Your provision of false or misleading health information
- Your failure to follow product instructions or seek appropriate medical care
- Any health complications arising from your use of our recommendations
13. TERMINATION
13.1 Termination by You
You may terminate your account at any time by contacting us. Upon termination:
- Your access to the Service will cease
- Your health information will be retained as required by law
- Outstanding orders will be fulfilled according to their terms
13.2 Termination by Us
We may suspend or terminate your account if:
- You violate these Terms
- You provide false health information
- You use the service inappropriately or unsafely
- Legal or regulatory requirements necessitate termination
13.3 Effect of Termination
Following termination, sections of these Terms relating to intellectual property, disclaimers, limitation of liability, and dispute resolution will survive.
14. GENERAL PROVISIONS
14.1 Changes to Terms
We may update these Terms from time to time. Material changes will be communicated via:
- Email notification to your registered address
- Prominent notice on our website
- 30-day notice period before changes take effect
14.2 Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.
14.3 Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.
14.4 Entire Agreement
These Terms, together with our Privacy Policy and other referenced policies, constitute the entire agreement between you and Company regarding the Service.
14.5 Contact Information