IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT APPLY TO ALL CLAIMS BROUGHT AGAINST INHALE H2 LTD. THEY AFFECT YOUR LEGAL RIGHTS AS DETAILED IN THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER SECTIONS BELOW. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION AND CLASS ACTION WAIVER CONTAINED IN THOSE SECTIONS. PLEASE READ IT CAREFULLY.
OVERVIEW
We are Inhale H2 Ltd (along with our subsidiaries, “Inhale H2”, “we”, “us”, or “our”) and we operate websites and other services under the brand name “Inhale H2” and any brands we develop in the future. These Terms of Sale (“Terms”) govern all purchases of products and services made through www.zydrogenai.com (the “Website”) as well as the use of any mobile application that links to these terms (each an “App” and together the “Apps”) and all of our products and services that we make available on the Website and/or Apps, including the store (collectively, together with the Website, the “Services”). Our Privacy Policy, Shipping Policy, and Returns & Refunds Policy are incorporated and form a part of these Terms. Please review these documents prior to using the Services. To the extent allowed by applicable law, by using the Services or making a purchase, you agree to these Terms and our handling of your information as set forth in our Privacy Policy, as well as the terms outlined in our Shipping Policy and Returns & Refunds Policy. If you don’t agree with these Terms or don’t want us to handle your information as set forth in our Privacy Policy, or if you do not agree with our Shipping Policy or Returns & Refunds Policy, please don’t use the Services or visit the Website.
All references to “you” or “your,” as applicable, mean the person who accesses or uses the Services in any manner, and each of your heirs, assigns, and successors. If you use the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.
We reserve the right to change or update these Terms from time to time at our sole discretion. Except for changes to the Arbitration section, we reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms any time by posting the amended Terms here with an updated “Last Updated” date above. Please review the Terms frequently for any changes. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Services or via email. Your continued use of the Services following the effective date of any changes to these Terms constitutes acceptance of those changes. If you do not agree to the new Terms, you may not use the Services.
We reserve the right to refuse to provide the Services to anyone for any reason at any time. We may change, add, or remove features, products, or functionalities, or we may also suspend or stop the Services altogether. We may take any of these actions at any time for any reason, with or without notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
The Services, including the Website and Apps, are not intended for children, and you must be at least 18 years old to use the Services. By agreeing to these Terms, you represent and warrant that (a) you are over 18 years old and at least the age of majority in your state or province of residence, or (b) you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services.
You represent and warrant that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation.
To use some or all of our Services or certain features of the Services, you may need to create an account by providing information like a username, email, or password. You may not create an account unless you are 18 years of age or the age of majority in the jurisdiction in which you reside. Anyone who creates an account on our Website is a “Registered User.”
You are solely responsible for maintaining the security and confidentiality of your account and you may not share your login information or transfer your account to another individual without our written permission. You are solely responsible and liable for all activity that takes place in connection with your account, including purchases, whether or not authorized by you. If you think your account has been compromised, you must notify us immediately. Inhale H2 will not be liable to you for any loss or damage that occurs in connection with any unauthorized activity on your account.
In creating an account, you represent and warrant that (i) all information you provide is true, accurate, and correct, (ii) you will update your information as necessary to keep it accurate, (iii) 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, (iv) you are not on any list of individuals prohibited from conducting business with the United States (for example, the U.S. Treasury Department’s list of Specially Designated Nationals or any similar government agency list) nor do you face any other similar prohibition), and (v) you are not prohibited by law from using our Services. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts except as otherwise authorized by us, or provide or use false information. You may not access the Services if we have notified you that you are prohibited from accessing the Services. We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates a third party’s rights.
3.1 By placing an order, you are making a binding offer to purchase products subject to these Terms.
3.2 We reserve the right to accept or decline any order at our sole discretion. Orders are not binding until confirmed by us in writing (including email) and payment is processed.
3.3 We may cancel or refuse orders where: (a) the product is unavailable or out of stock; (b) there is an error in price, description, or listing; (c) payment authorization is denied; or (d) fraudulent or suspicious activity is detected.
3.4 In the event of cancellation after payment, we will promptly refund any amounts charged.
4.1 We make reasonable efforts to ensure that product descriptions, pricing, and availability are accurate. However, errors may occur.
4.2 We do not guarantee that product colors, images, or packaging shown on the Website will exactly match the product delivered, due to variations in device displays and manufacturing changes.
4.3 We reserve the right to discontinue products at any time or limit quantities offered.
5.1 Prices are displayed in U.S. dollars unless otherwise stated. We may change prices without notice.
5.2 Posted prices do not include shipping, handling, or applicable taxes, unless expressly stated at checkout.
5.3 You are responsible for paying all applicable sales, use, VAT, GST, or other taxes, duties, and fees imposed by any jurisdiction. If we are required to collect such amounts, they will be added to your order.
5.4 By submitting payment, you represent and warrant that: (a) the payment information provided is accurate and complete; (b) you are duly authorized to use the selected payment method; and (c) charges incurred will be honored by your payment provider.
5.5 We may use third-party payment processors. You agree that your information may be shared with them to complete the transaction.
Billing. We may charge a subscription fee for access to certain parts of the Services and such fees will be made clear during the order process. To use any Services that require a paid subscription, you must provide us with a valid form of payment, and you authorize us to charge such form of payment in connection with your subscription. All fees will be payable in accordance with our policies in effect at the time the fee becomes payable. Your subscription will continue for the period of time of the subscription plan that you selected and will automatically renew until terminated. You must cancel your subscription at least 24 hours prior to the end of your current subscription period in order to avoid billing of the subscription fees for the next billing cycle. Your billing will include your subscription fees and any applicable taxes and transaction fees. We may receive updated credit card information (new credit card number or updated expiration date) from your credit card issuer and may use these new details in order to help prevent any interruption to your subscription. If you would like to use a different payment method or if there is a change in payment method, please visit your account settings to update your billing information. If any subscription fee is not paid in a timely manner, or your transaction cannot be processed, we reserve the right to suspend, disable, cancel or terminate your access to the Services or cancel your subscription. You will be responsible for paying all past due amounts.
Free Trial. If the Services are offered as a paid subscription, your use of the Services may start with a free trial period. Any free trial period is at the sole discretion of Inhale H2, and we may limit eligibility or duration to prevent misuse. We reserve the right to terminate any free trial period at any time. We may charge you a subscription fee upon expiration of your free trial period. To view the subscription price, please access your account information when you login for the Services.
Cancellation. You can cancel your subscription at any time through the settings in your account. When you cancel a paid subscription, you cancel only future charges associated with your subscription, but the cancellation will become effective at the end of your current subscription period. In order to avoid future charges, you must cancel your subscription at least 24 hours prior to the end of your current subscription period. If you cancel, your right to use the subscription Services will continue until the end of your then-current subscription period (unless we provide you with a refund or otherwise allow you to use the unused portion towards another service or subscription) and will then terminate without further charges.
No Refunds. EXCEPT AS OTHERWISE STATED HEREIN OR REQUIRED BY APPLICABLE LAW, YOUR PAYMENT IS NONREFUNDABLE. If you cancel your subscription, you will not receive any refund and you will continue to have access to the subscription services through the end of the subscription period. We reserve the right to issue refunds, credits, or discounts at our sole discretion. If we issue a refund, credit, or discount, we are under no obligation to issue the same or similar refund in the future and we may terminate your subscription and access to the Services.
Suspension and Termination. We may terminate these Terms at any time. We may also suspend or terminate your subscription or the Services at our sole discretion for any reason or no reason and without any notice. We may do so, for example, for any conduct that Inhale H2, in its sole discretion, believes violates any applicable law, violates these Terms or is otherwise harmful to the interests of Inhale H2. If we terminate your subscription, we may, in our sole discretion, give you a prorated refund based on the amount of time remaining that you cannot use; provided, however, that we will not be obligated to grant you a refund if we terminate your account or your subscription because we determine, in our sole discretion, that your actions or your use of the Services violate these Terms, any applicable law, or has harmed another user of the Services (a “User”).
Changes to Subscription or Services. We may change the subscription terms or subscription fees at any time on a going forward basis in our discretion. If the pricing for your subscription increases, we will notify you and provide you an opportunity to change your subscription before applying those changes to your account or charging you in connection with an automatic renewal. We may choose in our sole discretion to add, modify, or remove benefits and features from a subscription. Your continued use of the Service after the changes become effective will constitute your acceptance of the changes. If you do not wish to continue subscribing with the new fees or features, you may cancel your subscription. If you accept the new subscription, its terms and conditions will apply for that renewal and all renewals going forward.
6.1 Subscriptions. (a) Subscriptions provide repeat deliveries according to the duration and frequency selected. (b) Your payment method will be securely stored and charged for each delivery, unless you prepay. (c) Some subscriptions may auto-renew. You may cancel at any time via your order confirmation link or by contacting support@zydrogenai.com. (d) Cancellations must be made at least two (2) business days before the scheduled shipment date to avoid charges for that shipment. (e) Once processing has begun, subscription orders cannot be canceled or refunded.
6.2 Pre-Orders. (a) Pre-orders allow you to reserve products not yet in stock. We may collect full payment, partial deposit, or only store your payment method until fulfillment. (b) You may cancel a partially paid pre-order at any time prior to fulfillment. (c) Once fulfilled, pre-orders cannot be canceled, but you may seek a refund under our Returns & Refunds Policy.
6.3 Try Before You Buy. (a) If offered, try-before-you-buy allows you to evaluate products before your payment method is charged. (b) You must follow the instructions provided with your order to return or keep the product. (c) If you fail to return the product within the stated trial period, your stored payment method will be charged. (d) Returns under this option remain subject to our Returns & Refunds Policy.
7.1 Orders are processed subject to availability and typically within three (3) business days.
7.2 Shipping options, charges, and estimated delivery times are displayed at checkout.
7.3 Delivery times are estimates only and not guaranteed. We are not responsible for carrier delays, customs clearance, or events outside our reasonable control.
7.4 Title and risk of loss pass to you when products are transferred to the carrier, except as required by mandatory consumer law.
7.5 International orders may be subject to import duties, VAT, GST, or customs charges. If we ship Delivered Duty Paid (DDP), such charges are included at checkout. If we ship Delivered at Place (DAP), you are responsible for paying duties and taxes upon delivery.
8.1 Our general returns process is governed by our Returns & Refunds Policy.
8.2 Except as required by law, products must be returned within thirty (30) days of receipt, unused, in original packaging, with proof of purchase.
8.3 Certain items are non-returnable, including perishable goods, custom items, personal care/health items once unsealed, hazardous materials, sale items, and gift cards.
8.4 Refunds will be credited to your original payment method once returns are received and inspected.
8.5 Nothing in these Terms limits your statutory rights, including: (a) EU/UK 14-day withdrawal right; (b) Australian Consumer Law remedies; (c) Canadian provincial cancellation rights; (d) Québec Consumer Protection Act rights.
The Services may enable you to submit, post, upload, or otherwise make available through the Services content such as profile information, communications with other users, whether privately or made publicly available, video clips, photographs, public messages, ideas, comments and other content (collectively, “User Content”) that may or may not be viewable by other Users.
You acknowledge and agree that all User Content submitted under your account or in your name, whether publicly posted or privately transmitted, is your sole responsibility. This means that you, not Inhale H2, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Services. You further agree that you have all required rights to submit, post, upload or otherwise use or disseminate such User Content without violation of any third-party rights. Under no circumstances will Inhale H2 be liable in any way for any User Content.
You acknowledge that Inhale H2 and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Services. Without limiting the foregoing, Inhale H2 and its designees shall have the right to remove any User Content that violates these Terms or is otherwise offensive or objectionable in Inhale H2’s sole discretion.
The Services may provide you with the ability to designate certain User Content that you submit to the Services as private, public, or available only to select users of the Services. If you do not elect to designate your User Content as private or available for a limited group of users, or later change such designation to allow such User Content to be made available to anyone, you are responsible for the public nature of the content.
With respect to User Content you submit or otherwise make available on or to the Services, you grant Inhale H2 an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, publish, translate, publicly perform and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed, including for marketing and advertising purposes.
You understand that by using the Services, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any User Content available on or through the Services and that we disclaim all liability in connection with User Content. While you will have access to such User Content, it is not yours and you may not copy or use User Content for any purpose except as contemplated by these Terms. Without limiting the generality of the foregoing, you may not copy such User Content or use User Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse User Content of other Users.
Feedback. To the extent you submit any ideas, suggestions, proposals, plans, or other materials related to our business (“Feedback”), you acknowledge and agree that you are submitting that Feedback at your own risk and that Inhale H2 has no obligation (including no obligation of confidentiality or privacy) with respect to such Feedback, and you grant to Inhale H2 a royalty-free, irrevocable, worldwide, transferable and sublicensable right and license to copy, reproduce, distribute, disclose, create derivative works of, display, perform and otherwise use and exploit the Feedback without any payment or restriction. You agree that any Feedback is not confidential or proprietary information owned by you or any third party and you have all necessary rights to disclose the Feedback to Inhale H2. Upon disclosure of any Feedback to Inhale H2, the Feedback will become the sole property of Inhale H2. No Feedback will be considered your Confidential Information, and nothing in this Agreement limits Inhale H2’s right to independently use, develop, evaluate, or market products, whether incorporating the Feedback or otherwise.
10.1 Except as expressly stated, products and services are provided “as is” without warranties of any kind, whether express or implied.
10.2 To the fullest extent permitted by law, we disclaim all warranties, including merchantability, fitness for a particular purpose, title, and non-infringement.
10.3 Some jurisdictions do not allow exclusion of implied warranties, so these disclaimers may not apply to you.
11.1 TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU ARISING OUT OF OR RELATING TO THE WEBSITE, YOUR PURCHASES, SHIPPING, RETURNS, OR ANY OTHER MATTER COVERED BY THESE TERMS SHALL NOT EXCEED THE GREATER OF: (a) THE AMOUNT YOU ACTUALLY PAID TO THE COMPANY FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM; OR (b) ONE HUNDRED U.S. DOLLARS (US $100), WHICHEVER IS GREATER.
11.2 WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, EVEN IF FORESEEABLE OR ADVISED OF THE POSSIBILITY.
11.3 NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, OR NON-WAIVABLE CONSUMER RIGHTS.
You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, contractors, and agents from any claims, liabilities, or expenses arising out of your breach of these Terms, violation of law, or misuse of the Website or products.
We are not responsible for delays or failures in performance caused by events beyond our reasonable control, including but not limited to natural disasters, strikes, labor disputes, acts of terrorism, war, supply chain disruptions, pandemics, or governmental actions.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”
Scope of Arbitration Agreement. You agree that any dispute or claim arising out of or relating in any way to: (i) your access or use of the Services; (ii) these Terms; or (iii) any products or services sold or distributed through the Services that you received from us shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS PARAGRAPH’S LIMITATIONS AS TO A PARTICULAR CLAIM FOR RELIEF, THEN THAT CLAIM (AND ONLY THAT CLAIM) MUST BE SEVERED FROM THE ARBITRATION AND MAY BE BROUGHT IN COURT, SUBJECT TO YOUR AND OUR RIGHT TO APPEAL THE COURT’S DECISION. ALL OTHER CLAIMS WILL BE ARBITRATED.
Arbitration Procedures. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your dispute is for less than $10,000, unless the arbitrator determines your claims are frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Injunctive and Declaratory Relief. Except as provided above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
Severability. If an arbitrator or court of competent jurisdiction decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement will still apply.
Exceptions to Arbitration. Notwithstanding the above, the following disputes are not subject to the above provisions concerning negotiations and binding arbitration: (i) any disputes seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (ii) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; (iii) any claim for injunctive relief related to the foregoing; and (iv) any claim that may be brought in small claims court.
Either party may elect to have disputes or claims resolved in a small claims court regardless of what forum the filing party initially chose, provided the disputes or claims are within the scope of that court’s jurisdiction. Judgments of small claims courts may be enforced as set forth in the rules of such court.
Either party may apply to any court of competent jurisdiction for a provisional remedy in connection with an arbitrable controversy, including without limitation injunctive relief.
Either party may elect to have disputes regarding whether a complaining party has satisfied the Informal Dispute Resolution procedures resolved by a court as a precursor to arbitration.
30-Day Right to Opt-Out. You have the right to opt-out and not be bound by the Arbitration Agreement by sending written notice, signed by you, of your decision to opt-out to the following address: support@zydrogenai.com with the subject line, “ARBITRATION OPT-OUT.” The notice must be sent within 30 days of October 07, 2025 or your first use of the Services, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of the Arbitration Agreement. If you opt-out of the arbitration provisions, Inhale H2 also will not be bound by them.
If you opt out of the Arbitration Agreement, you may exercise your right to a trial by judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If you opt out of the Arbitration Agreement, you will not be opting out of any other provisions of these Terms and you agree to be bound by all other provisions of these Terms, which shall remain in effect as allowable by law.
Changes to this Arbitration Agreement. Inhale H2 will provide 30 days’ notice of the date of any material changes to this Arbitration Agreement. Changes will become effective on the 30th day and apply to all claims not yet filed, regardless of when they accrued. If you consent to these terms on or before the 30th day or continue to use the Services after the 30th day, you agree that any unfiled claims of which Inhale H2 does not have actual notice under the Informal Dispute Resolution process are subject to the revised clause. If Inhale H2 changes this Arbitration Agreement after the date you first accepted it (or accepted any subsequent changes to the agreement), you agree that your continued use of the Services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out of this Arbitration Agreement by emailing an opt-out notice to support@zydrogenai.com with the subject line, “ARBITRATION OPT-OUT” before the 30-day period expires.
Disputes not Subject to Arbitration. For any dispute not subject to arbitration you and Inhale H2 agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in California. You further agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available.
Class Action Waiver. YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND INHALE H2 THAT IS NOT SUBJECT TO ARBITRATION FOR ANY REASON MAY ONLY BE PURSUED BY YOU ON AN INDIVIDUAL BASIS, AND YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
Jury Trial Waiver. IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND INHALE H2 AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND INHALE H2 UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT OR USE OF THE SERVICES.
Inhale H2 may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Users who infringe the intellectual property of others. If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide Inhale H2’s a written notice containing the following information:
Inhale H2’s Copyright Agent can be reached at copyright@zydrogenai.com.
To be valid, a notice must be in writing and must follow the instructions above. You also may use the contact information in this Section to notify us of alleged violations of other intellectual property rights.
Inhale H2 reserves the right at any time to modify, suspend, discontinue, or terminate, temporarily or permanently, some or all of the Services (or any part thereof), with or without notice. You agree that Inhale H2 shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services.
We do not guarantee that any of our Services will be available at all times or at any given time or that we will continue to offer all or any of our Services for any particular length of time. We may change and update our Services without notice to you. We make no warranty or representation regarding the availability of our Services and reserve the right to modify or discontinue the Services in our sole discretion without notice, including for example, ceasing a contest or other Services for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT ANY OR ALL OF OUR SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF OUR SERVICES.
Inhale H2 may terminate or suspend your right to access some or all of the Services, without prior notice or liability, if you breach any of the terms or conditions of these Terms or the Inhale H2 Privacy Policy.
All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation: Accuracy and Completeness of Information; Intellectual Property Rights; Disclaimer of Warranties; Limitation of Liability; Indemnity; Mandatory Arbitration and Class Action Waiver; Termination; and General.
The use of the App requires use of a mobile device. Use our App and other Services made available online or that are capable of connecting to the Internet (collectively, “Online Services”) may require an Internet connection (such as wireless mobile data service), which you must obtain at your cost from your wireless carrier or other Internet service provider. You are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all related usage charges. You may be required to send and receive, at your cost, electronic communications related to the Online Services, including without limitation administrative messages, service announcements, diagnostic data reports, and App updates, from Inhale H2, your mobile carrier or third-party service provider. If you do not have an unlimited data plan with the provider you use for an Internet connection, you may incur additional charges. The Online Services may cause your device to send and receive data at your cost for those and other reasons over the Internet whether or not you have taken a specific action in the Services. These and other aspects of the Services may involve activity that uses your device’s battery or other resources with or without involvement from or notice to you (including in the background while you have closed and are not actively interacting with the Services), which may shorten the life of your battery or other resources and cause you to incur unexpected energy costs. Inhale H2 will have no liability for any of that.
You are solely responsible for obtaining any additional subscription, connectivity, or energy services or equipment necessary to access and use the Online Services, including but not limited to payment of all third-party fees associated therewith, including fees for information sent to or through the Online Services.
We do not warrant that the Online Services will be compatible with your network provider or device. You acknowledge and agree that we may release updates to the Online Services and that you may be required to install any such update (and/or, in some cases, an update or replacement to your browser or device) in order for the Online Service to continue functioning properly. You may not export any Services except in compliance with all applicable laws.
iOS App
The following applies if you obtain the App from Apple, Inc.’s (“Apple”) App Store. You acknowledge and agree that these Terms are solely between you and Inhale H2, not Apple, and that Apple has no responsibility for the App or the contents thereof. Your use of the App must comply with the App Store Terms of Service or other terms applicable to the use of the App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will be responsible for any refund of the purchase price for the App, if any, to you. To the extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. You acknowledge that Apple is not responsible for addressing any claims by you or by any third party relating to the App or your possession and/or use of the App, including but not limited to, (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation. All such claims between you and us are governed solely by these Terms and any law applicable to Inhale H2 as the provider of the App, taking into consideration the choice-of-law provisions in these Terms.
You acknowledge that, as between Inhale H2 and Apple, in the event of a claim that the App and your possession and use thereof infringes a third party’s intellectual property rights, Inhale H2, not Apple, will be solely responsible for any investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.
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.
You and Inhale H2 acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
Google Play App
The following applies if you obtain the App from Google Play (or its successors) operated by Google, Inc. (“Google”). You acknowledge and agree that these Terms are solely between you and Inhale H2, not Google and that Google has no responsibility for the App or the contents thereof. Your use of the App must comply with the Google Play Terms of Use or other terms applicable to the use of the App. You acknowledge that Google bears no obligation or responsibility for maintenance and support services with respect to the App. To the extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the App and any claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App to conform to any warranty will be solely governed by these Terms and any law applicable to Inhale H2 as a provider of the App, taking into consideration the choice-of-law provisions in these Terms.
18.1. Section titles. The section titles in these Terms are for convenience only and have no legal or contractual effect.
18.2. Non-breach. Our failure to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond our reasonable control shall not be deemed a breach of these Terms.
18.3. Non-waiver. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
18.4. Remedies. All remedies under these Terms shall be cumulative and not exclusive.
18.5. Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.
18.6. No Partnership. You and we acknowledge and agree that no partnership is formed and neither you nor we has the power or the authority to obligate or bind the other.
18.7. Assignment. You may not assign your rights under these Terms to any third party. We may assign our rights under this Terms without condition.
18.8. Entire Agreement. These Terms constitute the entire agreement between you and Inhale H2 and govern your use of the Services, superseding any prior agreements between you and Inhale H2 with respect to the Services. This Agreement incorporates and governs our Shipping Policy and Returns & Refunds Policy, which are binding parts of these Terms. You also may be subject to additional terms and conditions that may apply when you use Third Party Services.
18.9. Governing Law and Venue. These Terms will be governed by the laws of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Inhale H2 agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within California.
If you have any questions or concerns about these Terms or the Services, or to report any violations of these Terms, please contact us:
Customer support hours are 9:00 am to 5:00 pm CST Monday to Friday:
Phone Numbers:
Toll-free: 855-291-2422
International: +1-630-344-9914
Email:
support@zydrogenai.com
Address:
Inhale H2 Ltd 2400 Celsius Avenue Oxnard, CA 93030 United States
