Terms + Conditions

Seed Health Website Terms and Conditions

PLEASE READ SECTIONS 11, 12, AND 13 BELOW REGARDING YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING SEED HEALTH, THESE TERMS, OR OUR PRIVACY POLICY, INCLUDING A WAIVER TO BRING ANY CLAIM UNDER A CLASS ACTION OR TO HAVE A TRIAL BY JURY. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SITE, SUBSCRIBE TO OUR PRODUCTS, OR USE OUR SERVICES.

This website is operated by the Seed Health, Inc. (including its representatives, affiliates and subsidiaries, “Seed Health”). Throughout this website (https://seed.com/) (the “Site”), the terms “we”, “us” and “our” refer to Seed Health. Seed Health offers this Site and the ability for users to explore our Site and subscription offerings, conditioned upon your acceptance of all terms, conditions, policies and notices stated in these Seed Health Website Terms and Conditions (the “Terms”). These Terms govern your access and use of the Site and any other applications, products, content, subscription and services (collectively, “Services”) made available by Seed Health. The Site is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained in these Terms. If you do not agree to these Terms, you must not access the Site, purchase of our products or use our Services. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

By visiting our Site, purchasing our products or using our Services, you agree to be bound by the Terms. These Terms apply to all users of the Site, including without limitation users who are visitors, browsers, members, partners, and/or contributors of content.

Note that personal information that is collected on the Site and through our Services is collected and handled in accordance with our Privacy Policy

Additional terms apply to the purchase of and subscription to Seed Health products; please see above a link to the Seed Health Subscription Terms and Conditions. Also, other terms and conditions may apply to a particular Seed Health survey or campaign. Please refer to such separate terms and conditions where applicable.

YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE OR ACCESS THE SITE, TO USE OUR SERVICES, AND TO PURCHASE OR SUBSCRIBE TO OUR PRODUCTS. YOU MAY ONLY ACCESS AND USE THE SITE IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS.

1. GENERAL CONDITIONS

You may use the Site, including the content on it solely for the purposes stated on the Site itself and as described in these Terms. You understand and agree that the Site is provided “as-is” and that Seed Health assumes no responsibility for the availability or functionality of the Site, or for the deletion, mis-delivery or failure to store any user communications or personalization settings.

2. USE OF SITE, SITE CONTENT, AND PROPRIETARY RIGHTS

The Site includes a broad array of content and functionality, including providing the ability to create an account and providing information, services, tools and resources (our “Resources”) and providing our products through a subscription program. All Resources and user interfaces, software, and other information and content, or portion or combination thereof, provided and made available by or for Seed Health in connection with the Site (collectively, “Site Content”) are to be used for only individual, non-commercial purposes. You agree not to use the Site for commercial purposes. We retain all of our right, title and interest in and to Site Content. This includes, but is not limited to, all copyrights, trademarks, patents, derivative works, moral rights, trade secrets, and proprietary information in all content that appears on the Site (other than the content of our third-party partners who have permission to appear on the Site), and in all software that we develop in connection with the Site. Nothing on the Site shall be construed as granting any license or right to use any image, trademark, service mark or logo. Downloading, copying or printing individual pages and/or parts of the Site is allowed for personal, non-commercial use only, and will not transfer title to any software or material on the Site to you. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site without express written permission by us.

3. LICENSE FROM SEED HEALTH

Seed Health grants you a limited, revocable, non-exclusive, non-transferable, and non-sub-licensable right to access and make personal use of the Site. Explicit attribution to Seed Health must be made in the event that Site Content, or any part thereof, is reproduced in any form, written or electronic. Furthermore, any reproduction, re-publication or distribution of this material requires the express written consent of Seed Health.

4. PROHIBITED USES

You agree not to, directly indirectly:  

  • impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Site; 

  • use or access the Site (i) from a jurisdiction where such use or access is not authorized, (ii) for any illegal purpose, or (iii) in violation of any local, state, national, or international law, rule or regulation;

  • use the Site to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate, including (but not limited to) based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

  • reverse engineer, disassemble, decompile, modify, or translate any software or other components of the Site; 

  • distribute viruses or other harmful computer code through the Site;

  • use scrapers, robots, or other data gathering devices not provided by Seed Health on or through the Site; regardless of the data delivery method, neither the Site nor the Site Content may be used in conjunction with a generative AI solution;

  • access or use the Site or Site Content via mechanical, programmatic, robotic, scripted or any other automated means;

  • attempt to gain unauthorized access to the Site, Site Content, other accounts, computer systems or networks connected to the Site, through hacking, password mining or any other means;

  • remove or modify any proprietary notice, copyright notice, or trademark legend, author attribution, or other notice placed on or contained within any of the Site or Site Content or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Site or Site Content;

  • upload to the Site the personal information of others that you are not authorized to provide or using the Sites to collect or track the personal information of others;

  • provide any content, data or information to Seed Health that contains viruses or malicious code or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable;

  • use the Site or Site Content in a way that suggests you are a representative of Seed Health;

  • use the Site or Site Content as a platform for external applications, or to develop applications, services, websites, or any other functionalities that leverage the Site or Site Content;

  • infringe or misappropriate the intellectual property, proprietary or privacy rights of any third party;

  • interfere with or disrupt the proper functioning of the Site or Site Content, Seed Health’s or any third party’s systems used to host the Site, or other equipment or networks used to provide the Site or Site Content; 

  • communicate the Site Content to the public, provide or make available any links, hypertext (Universal Resource Locator (URL) address) or otherwise grant access (other than a “bookmark” from a web browser) to the Site, or any part thereof;

  • circumvent the security of the Site or any host, network, or account related thereto; 

  • use any application programming interface to access the Site or Site Content; 

  • fail to use commercially reasonable efforts to prevent the unauthorized license, access, sale, transfer, lease, transmission, distribution, or other disclosure of the Site or Site Content; 

  • allow any individual to use any account log-in credentials (e.g., user identification(s), code(s), password(s), procedure(s) and user keys) issued to, or selected by, Seed Health for someone other than the individual identified in the account information; 

  • access or attempt to access Resources by any means other than through the means provided by Seed Health;

  • cause damage to Seed Health’s business, reputation, employees, members, facilities, or to any other person or legal entity;

  • otherwise use the Site or Site Content in any manner that exceeds the scope of use granted above; or

  • attempt to do any of the acts described in this Section 4, or assist or permit any person in engaging in any of the acts described in this Section 4. 

Any use which violates these Terms, gives Seed Health the right (without notice or liability) to revoke the aforementioned license, cancel any order or subscription, or to refuse, restrict, terminate or discontinue your access to the Site or Site Content (or any portions, components, or features thereof). We shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Site.

5. ACCOUNT REGISTRATION AND USE

You may choose to create an account on the Site in order to access our Resources. When you create an account, you will be required to select a username and/or password and you may be required to provide certain personal information about yourself (such as identification, contact details, etc.). You agree to provide us with accurate and complete registration information, and we disclaim any liability arising from your failure to do so. We reserve the right to refuse registration of an account or terminate your account at our sole discretion, including in the event of a violation of these Terms or any actions or communications towards Seed Health’s employees or agents that consists of (in Seed Health’s sole determination) harassment, abuse, insult, defamation, slander, disparagement, intimidation or discrimination, including (but not limited to) based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

You are responsible for safeguarding your account information, including your password for your account. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You agree to immediately notify Seed Health of any unauthorized use of your password. Users are the sole creators of their accounts and Seed Health may not independently verify the information provided.

6. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

We regularly update product and Service offerings on the Site. Although Seed Health attempts to provide accurate information on the Site (including as to product descriptions and pricing information), we may experience delays in updating information on the Site and in our advertising on other web sites. The information found on the Site may contain errors or inaccuracies and may not be complete or current. Products or Services may be mispriced, described inaccurately, or unavailable on the Site and we cannot guarantee the accuracy or completeness of any information found on the Site.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

7. THIRD-PARTY LINKS

Certain content, products and Services available via the Site 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.

8. USER COMMENTS, FEEDBACK, AND OTHER PERSONAL INFORMATION AND SUBMISSIONS

We may provide various open communication tools on our Site to submit comments, feedback, and information, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, and product ratings and reviews. You are responsible for all data, chats, texts, messages, submissions, product ratings and reviews, or other materials that you post, transmit or otherwise make available to the Site (collectively, "User Submissions"). By providing User Submissions, you grant Seed Health and related entities a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to use, reproduce, transmit, modify, index, adapt, publish, translate, distribute, display, create derivative works from, and otherwise exploit such User Submissions and your name, persona, or likeness throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity. You grant all rights described in this paragraph in consideration of your use of the Site and our Services and without the need for additional compensation of any sort to you. Seed Health does not claim ownership in the User Submissions.

We may, but have no obligation to, monitor, edit or remove User Submissions that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. You represent and warrant that your User Submissions will not (i) violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right, (ii) contain libelous or otherwise unlawful, abusive or obscene material, or (iii) contain any computer virus or other malware that could in any way affect the operation of the Site. We have the right at our sole discretion to remove any User Submissions that we feel, in our judgment, does not comply with these Terms.

Moreover, if you provide us with any personal information relating to another individual, whether via User Submissions or otherwise, then you represent and warrant that you have the authority to do so and to permit us to use the information in accordance with these Terms and our Privacy Policy. 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 User Submissions. You are solely responsible for any User Submissions you provide and its accuracy. We take no responsibility and assume no liability for any User Submissions posted by you or any third-party.

9.  PRODUCT PURCHASES

If you wish to purchase any product or Service made available through the Site (“Purchase”), including via subscription (which shall be governed by the Seed Health Subscription Terms and Conditions linked above), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

By using the Service, you represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The Service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you confirm your agreement to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or Service availability, errors in the description or price of the product or Services, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.


10. NOT PROFESSIONAL ADVICE OR MEDICAL INFORMATION

The information on the Site is intended for general informational and educational purposes only. You should not use information you obtain from the Site or the Services for diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare provider.   Some portions of the Services may allow you to submit questions either to us or to third parties who have agreed to communicate with our users.  Although we provide information about our products through the Services, neither our employees nor any third parties are authorized to provide medical or other professional advice through the Services.   Always consult your healthcare provider if you have health-related questions and before using any of our products or relying on any information you obtain on the Site or from the Services.

11. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the Site for indefinite periods of time or shut down the Site at any time, without notice to you. You expressly agree that your use of, or inability to use, the Site is at your sole risk.

We do not guarantee or warrant the security of your information or any information you disclose or transmit to us. We are not responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied or otherwise, that we will prevent such access, and we are not responsible for any damages or liabilities relating to any such incidents to the fullest extent permitted by law.

THE SITE, SITE CONTENT, AND ALL SERVICES DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, AND WE HEREBY DISCLAIM 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. SEED HEALTH DOES NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR SITE CONTENT, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

IN NO CASE SHALL SEED HEALTH, ITS DIRECTORS, OFFICERS, EMPLOYEES, 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 (WHERE APPLICABLE) OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SITE, OUR SERVICES, OR ANY PRODUCTS PROCURED USING THE SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY SERVICE, 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 SITE OR ANY SERVICE POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, 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. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

IN NO EVENT SHALL SEED HEALTH BE LIABLE, UNDER ANY LEGAL THEORY (CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY (WHERE APPLICABLE), OR OTHERWISE) UNDER THESE TERMS OR OTHERWISE FOR ANY DAMAGES IN EXCESS OF THE LESSER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID FOR USE OF THE SITE OR SERVICES. SUCH LIMITATION SHALL EXTEND TO ALL LIABILITY OR POTENTIAL LIABILITY, INCLUDING FOR PERSONAL INJURY OR WRONGFUL DEATH.

12. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Seed Health and its subsidiaries, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of: (a) your violation of these Terms, the documents they incorporate by reference, or any applicable law, (b) your violation of the rights of a third-party, (c) your access to or use of the Site or any Service by you or any person using your account and password, or (d) any dispute or issue between you and any third party concerning the Site; and (e) all claims pertaining to the Site or your use of the Site, Resources, or Products that arise from or allege negligence, fraud, or intentional misconduct committed by you. Without limiting the foregoing, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

13. GOVERNING LAW; JURISDICTION; ARBITRATION; CLASS ACTION AND JURY TRIAL WAIVER

EXCLUDING DISPUTES ADDRESSED THROUGH ARBITRATION AS PROVIDED BELOW, YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT STATE AND FEDERAL COURTS LOCATED IN NEW YORK COUNTY, NEW YORK IN RELATION TO ANY CLAIM, DISPUTE, OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON-CONVENIENS OR OTHER REASON. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Transaction Act (UCITA) are expressly excluded from these Terms. 

We are reachable via the contact information at the end of these Terms to address any concerns you may have regarding your use of our Site, Site Content, products, or the Services. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to you initiating a lawsuit or arbitration against us. Any matter or dispute relating in any way to your use of the Site, Site Content, products, or the Services or these Terms, which is not so resolved shall be submitted to binding confidential arbitration as provided below. 

Excluding claims by us for injunctive or other non-monetary relief, any claims related to Site, Site Content, the products, or the Services and any dispute or controversy arising out of or relating to these Terms, including without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise) or disagreements concerning the existence, breach, interpretation, application, or termination of these Terms, shall be resolved by final and binding arbitration in accordance with the JAMS Inc. Streamlined Arbitration Rules & Procedures then in effect. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, except to the extent that disclosure may be legally required of a party, necessary to protect or pursue a legal right, or to enforce or challenge an award in legal proceedings before a court or other judicial authority.

The arbitration shall take place in New York or at the option of the party seeking relief, online, by telephone, via written submissions alone or in your state of residence if requested, and be administered by JAMS; provided however, that in the event that five (5) or more individuals seek to initiate (or do initiate) arbitration proceedings against us in a coordinated or related manner (e.g., coordination among plaintiffs or their counsel in regard to similar claims), then instead of such arbitrations being administered by JAMS, we may elect to consolidate such arbitrations before an arbitrator mutually agreed-upon by the parties (and terminate any pending administration by JAMS), (i) with such arbitrator being a retired federal or state judge and experienced with the subject matter of the arbitration, and (ii) except with respect to administration of the arbitration proceedings, the arbitrator shall follow JAMS Inc. Streamlined Arbitration Rules and Procedures. 

YOU WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY JUDICIAL PROCEEDING. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT FOR CONSOLIDATED ARBITRATION AS PROVIDED ABOVE, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree (and for consolidated arbitration as provided above), no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

14. TEXT (SMS) MESSAGE TERMS

The following terms apply to programs we operate that incorporate text (SMS) messaging. By clicking on a checkbox to receive text (SMS) messages you consent to receive disclosures about text (SMS) messages electronically, instead of in paper form. You can withdraw your consent to receive these disclosures at any time without penalty, and you can request a paper copy for no fee by calling us at 844-646-3586 or emailing us at care@seed.com. You can also call us at that number to update your contact information. To ensure you receive and can retain the necessary disclosures, you must have a device (such as your mobile phone) with internet access, and either a printer or storage space to save the disclosures.

The following additional terms apply, depending upon the text (SMS) messaging program in which you have enrolled:

  • Product updates, offers, news and campaigns. By signing up to receive text (SMS) messages about our product updates, offers, news and campaigns, you are consenting to receive automatically-generated messages from us at the phone number you have provided for your account (of which you are the owner). Your consent is not a condition of purchase.  Message and data rates may apply. You agree to notify us if this phone number should change and is no longer assigned to you. You may unsubscribe or opt out of these messages at any time by replying STOP to any of our texts or by calling Seed Health at 844-646-3586. 

  • Subscription order management. By signing up to receive text (SMS) messages to manage your product subscription, you are consenting to receive automatically-generated messages from us at the phone number you have provided for your account (of which you are the owner) concerning the management of your Seed Health product subscription. Your consent is not a condition of your participation in the subscription program. Message and data rates may apply. You agree to notify us if this phone number should change and is no longer assigned to you. You may unsubscribe or opt-out of these messages at any time by replying STOP to any of our texts or by calling Seed Health at 844-646-3586.


While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our text (SMS) messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”) or an automated system for the selection or dialing of phone numbers.

15. SEVERABILITY

In the event that any provision of these Terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions.

16. CONTROL OF THE SITE; MODIFICATION OF TERMS; TERMINATION

We reserve the right at any time to modify or discontinue the Site or Services (or any part or content thereof) without notice at any time. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes. These Terms 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 of these Terms, we also may terminate these Terms 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 the Site or the Services (or any part thereof).

We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies any user rights or obligations, we will endeavor to post notice of the modification on the Site for a reasonable period of time. Any disputes concerning or related to the Site will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

17. ENTIRE AGREEMENT

The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on the site or in respect to the Site constitutes the entire agreement and understanding between you and us and governs your use of the Site, 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 these Terms).

18. CONTACT INFORMATION

The Site is offered by Seed Health, Inc. You may contact us by emailing us at care@seed.com, or calling us at 844-646-3586. You may also contact us by writing to:

Seed Health, Inc.

2100 Abbot Kinney Blvd.

Venice, CA 90291

United States of America

Last updated: December 18, 2023

Seed Health Subscription Terms and Conditions

PLEASE READ THE SEED HEALTH WEBSITE TERMS AND CONDITIONS REGARDING YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING SEED HEALTH OR THESE SUBSCRIPTION TERMS, INCLUDING A WAIVER TO BRING ANY CLAIM UNDER A CLASS ACTION OR TO HAVE A TRIAL BY JURY. IF YOU DO NOT AGREE TO THESE SUBSCRIPTION TERMS, PLEASE DO NOT SUBSCRIBE TO OUR PRODUCTS.

Seed Health, Inc. (including its representatives, affiliates and subsidiaries, “Seed Health”) subscription offerings to our probiotic and prebiotic supplement products (our “Products”), conditioned upon your acceptance of all terms, conditions, policies and notices stated in these Seed Health Subscription Terms and Conditions (the “Subscription Terms”). Throughout these Subscription Terms, the terms “we”, “us” and “our” refer to Seed Health. These Subscription Terms govern your purchase of and subscription to our Products. The Products are offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained in these Subscription Terms. If you do not agree to these Subscription Terms, please do not subscribe to or use our Products. The headings used in these Subscription Terms are included for convenience only and will not limit or otherwise affect these Subscription Terms.

By subscribing to our Products, you agree to be bound by the Subscription Terms. These Subscription Terms apply to all users of the Products.

Note that personal information that is collected in relation to Product subscriptions is collected and handled in accordance with our Privacy Policy

These Subscription Terms do not apply to the use of our website or other services; please see above a link to the Seed Health Website Terms and Conditions. Also, other terms and conditions may apply to a particular Seed Health survey or campaign. Please refer to such separate terms and conditions where applicable.

YOU MUST BE AT LEAST 18 YEARS OF AGE TO SUBSCRIBE OUR PRODUCTS. YOU MAY ONLY USE THE PRODUCTS IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS.

1. SUBSCRIPTION TERMS; AUTOMATIC RENEWAL

When you buy our Products through our subscription program (the “Program”), you agree and acknowledge your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Seed Health after the expiration date of your payment card.

Your subscription to the Program will be automatically renewed for successive periods and your payment method will automatically be charged for each successive period at the then-current subscription rate until you cancel your monthly subscription renewal.

Seed Health currently processes payment information. However, Seed Health may also use third-party vendors to process payment information. By subscribing to the Program, you agree to your financial or payment information may be shared with a third-party payment processor.

You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (e.g., loss or theft). Changes to such information can be made by calling a customer service representative at 844-646-3586 or by emailing care@seed.com. You may also update your billing information directly in your account. If you fail to timely update your credit card information, your subscription to the Program may be terminated and your account may be sent for collection.

2. PRODUCTS FOR PERSONAL USE ONLY

Our Products and any samples we may provide to you, are for personal use only. You may not sell or resell any of the Products or samples you purchase or otherwise receive from us. By purchasing any Product through us, you agree not to offer the Products or samples for resale. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products to be provided to you that we believe, in our sole discretion, may result in the violation of these Subscription Terms.

3. UNAUTHORIZED SELLERS

Our Products are currently available through our website (https://seed.com/), Erewhon Market, and through certain healthcare professionals. We strongly recommend that you do not buy our Products from any unauthorized sellers (including third party sellers on eBay or other online marketplaces), as the Product may be used, defective, expired or counterfeit.  In the event you do purchase our Product from an unauthorized seller, we will not be liable in any manner and we fully reserve the right to withhold any customer support with respect to such Product. Our return policy will not apply to any Product purchased from an unauthorized seller.

4. ORDER ACCEPTANCE

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your credit card or other approved method of payment will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped.

5. SHIPPING AND HANDLING; INTERNATIONAL ORDERS

Title to Products will be shipped FOB from our plant and all risk of loss shall pass to you immediately upon our delivery of the Products to a common carrier. You are solely responsible for providing us with accurate shipping information and a valid phone number or email address. In the event that any Product is returned to us as a result of your failure to provide us with accurate shipping information, you shall be responsible for any additional shipping fees or other charges that may be applied to the return of the Product to us or in re-sending the Product to you.

Please note that refunds will not be issued for any order that is refused or abandoned by the intended recipient, orders that cannot be delivered due to an address error, or orders seized by customs.

Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

International shipment rates vary based on total package weight and final destination. Pricing on our website (https://seed.com/) does not include duties, insurance costs, tariffs, or value-added taxes (VAT), sales taxes or other international costs/taxes. Free shipping promotions do not apply to international orders.

If you place an order for shipment to an international address, you will be responsible for paying any VAT and other taxes, tariffs, import or export duties, and other similar taxes, duties or fees attributable to such orders. These taxes, duties and fees, if assessed, are the sole responsibility of the package recipient, who will be billed for them by the local customs office. We suggest you check with your local customs office for any documents you may need before placing your order.

6. CANCELLATION POLICY

Your subscription to the Program automatically renews will remain in effect until it is cancelled. We may, in our sole discretion, terminate your subscription to the Program at any time without notice to you.

FOR MEMBERS WHO HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH SHIPMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SUCCESSIVE SHIPMENT AND/OR INSTALLMENT AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN THE AUTOMATIC RENEWAL PROGRAM, YOU MAY DO SO BY CALLING A CUSTOMER SERVICE REPRESENTATIVE AT 844-646-3586 OR BY EMAILING CARE@SEED.COM AT LEAST THREE (3) BUSINESS DAYS PRIOR TO THE END OF YOUR CURRENT PROGRAM SUBSCRIPTION PERIOD. YOU MAY ALSO CANCEL YOUR SUBSCRIPTION DIRECTLY IN YOUR ACCOUNT.

7. RETURN AND REFUND POLICY

If for any reason you are not satisfied with your purchase, you may request a refund within 30 days of delivery of your first monthly subscription order. We will refund you for the full cost of the Product— minus shipping, VAT, or duties—no questions asked. Please note there is no need to send your Product back to us. To request a refund, simply reach out to SeedCare at 844-646-3586 or email care@seed.com within 30 days of your first monthly subscription order, and someone will be happy to help. Refunds take approximately 2-5 days to process.

If your refund request is made outside of the 30-day period above, we are unable to issue a refund or offer credit. 

We are only able to offer refunds for your first subscription order, and not for subsequent refills (on any ongoing refill plan), even if those subsequent shipments are billed, paid, or shipped during the 30-day period above. For all such subsequent shipments, you may reschedule or cancel your subscription at any time in your Account. Subscriptions that are canceled and then reactivated later are not eligible for a refund.

8. CONTACT INFORMATION

The Products are offered by Seed Health, Inc. You may contact us by emailing us at care@seed.com, or calling us at 844-646-3586. You may also contact us by writing to:

Seed Health, Inc.

2100 Abbot Kinney Blvd.

Venice, CA 90291

United States of America

Last updated: December 18, 2023