Terms and Conditions

Last updated: December 8, 2025

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

●     Application means the software program provided by the Company, downloaded by You on any electronic device, named Functional Healthspan.

●     Application Store means the digital distribution service operated by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store).

●     Affiliate means an entity that controls, is controlled by or is under common control with a party.

●     Account means a unique account created for You to access our Service.

●     Country refers to: New Jersey, United States.

●     Company (referred to as either "the Company", "We", "Us" or "Our") refers to Functional Healthspan LLC, 971 US Highway 202 N, STE N, Branchburg NJ 08876.

●     Content refers to any text, images, or other information posted by You.

●     Device means any device that can access the Service such as a computer, cellphone, or digital tablet.

●     Goods refer to the items offered for sale on the Service.

●     In-app Purchase refers to purchases made through the Application.

●     Orders mean a request by You to purchase Goods from Us.

●     Service refers to the Application or the Website or both.

●     Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.

●     Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. By accessing or using the Service You agree to be bound by these Terms. If You disagree with any part of these Terms, you may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Please read Our Privacy Policy carefully before using Our Service.

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on the Service, You may need to supply certain information relevant to Your Order, including, without limitation:

●     Your name

●     Your email

●     Your phone number

●     Your credit card number

●     Expiration date of your credit card

●     Billing address

●     Shipping information

You represent and warrant that (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and (ii) the information You supply to us is true, correct, and complete.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

●     Goods availability

●     Errors in the description or prices for Goods

●     Errors in Your Order

Your Order Cancellation Rights

Any Goods you purchase can only be returned in accordance with these Terms and Our Returns Policy.

Our Returns Policy forms a part of these Terms. Please read our Returns Policy to learn more about your right to cancel Your Order.

Availability, Errors, and Inaccuracies

We are constantly updating Our offerings of Goods on the Service. The Goods available may be mispriced, described inaccurately, or unavailable.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

Payments

All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available.

Subscriptions

Subscription Period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring basis depending on the type of Subscription plan you select.

Subscription Cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content.

Content Restrictions

You may not transmit any Content that is unlawful, offensive, or otherwise objectionable.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company shall be limited to the amount paid by You through the Service.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" with all faults and defects without warranty of any kind.

Our SMS program provides text messages for appointment reminders, event notifications, Zoom links, account information, product details, marketing messages, help requests, webchat widget responses, and opt-in and opt-out confirmations.

Help and Support

●    If you experience issues with the messaging program, reply with the keyword "HELP" for assistance.

Carrier Liability

●    Carriers are not liable for delayed or undelivered messages.

Message and Data Rates

●    As always, message and data rates may apply for messages sent to you from us and to us from you. For questions about your text plan or data plan, contact your wireless provider.

●    For privacy-related inquiries, please refer to our privacy policy at: https://functionalhealthspan.com/privacy-policy 

Compliance with Regulations

 The text messaging services provided through the Services comply with applicable telecommunications regulations. You are required to adhere to all applicable telecommunications laws and carrier requirements when using any text messaging features. This includes, but is not limited to, obtaining proper consent before sending text messages and honoring opt-out requests.

 Required Consent Language

When collecting phone numbers for text messaging, you must include appropriate consent language on all forms that clearly informs recipients about the types of messages they will receive, frequency, and how to opt out.

Prohibited Messaging Practices

You agree not to use the text messaging services for any of the following:

(a) Sending messages to recipients who have not provided explicit consent

(b) Sending messages that violate the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, or any other applicable laws

(c) Sending messages containing inappropriate, offensive, or illegal content

(d) Continuing to send messages to recipients who have opted out

(e) Sending messages at inappropriate times (e.g., outside of normal business hours)

Data Privacy for Text Messaging

You acknowledge and agree that:

(a) No mobile information will be shared with third parties/affiliates for marketing/promotional purposes

(b) Text messaging originator opt-in data and consent will not be shared with any third parties, except for aggregators and providers of the Text Message services

(c) All text messaging data will be handled in accordance with our Privacy Policy

Opt-Out Management

You can cancel the SMS service at any time. Simply text "STOP" to the shortcode. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms and Conditions, you can contact us:

By email: [email protected]