Terms of Use

1. Interpretation and definitions

Words with capital letters have the meanings below, whether they appear in the singular or the plural.

• Company, we, us or our means AllTaken, Inc., a Delaware corporation, 2810 North Church Street, Wilmington, DE 19802, United States.
• Application means the AllTaken mobile application for tracking supplements, medications and routines, under whatever name it is listed in the Apple App Store or, once offered, Google Play, including its widgets, features, content and updates.
• Website means alltaken.app and its subdomains, including the beta waitlist.
• Service means the Application, the Website, your account, and the sync, scanning, reminder and AI features and any related software and content, taken together.
• User Content means everything you enter or submit through the Service: your routines, doses, logs, notes, wellness entries, label and shelf photos, questions and shared catalogue submissions.
• Device means the phone or other device on which you use the Service.
• You means the individual using the Service.

2. Agreement to terms

By installing or using the Application, visiting the Website or joining the beta waitlist, you agree to these Terms of Use and to our Privacy Policy, which explains how we handle your information. If you do not agree, do not use the Service.

3. Eligibility and age

You must be at least 18 years old, and able to enter into a binding contract, to use the Service. The Application asks for your age range during setup and does not let anyone who chooses “Under 18” create an account. If we learn that an account belongs to someone under 18, we will close it and delete its data. You must also be allowed to use the Service under the laws that apply to you.

4. Health, medication and safety

AllTaken helps you organise and track the medications and supplements you take, record the doses and schedules you confirm, and see information about your intake, ingredients, consistency and supplies. AllTaken does not provide medical advice, diagnosis, prescribing, nutritional counselling or any other professional healthcare service, and it does not replace a licensed physician, pharmacist or other qualified healthcare professional.

• Information only. Product identifications, scanned label information, ingredient totals, overlap flags, AI responses and other insights may be inaccurate, incomplete or out of date. The Service is not intended to diagnose, treat, cure or prevent any disease.
• Check products and your own doses. Check scanned or automatically filled information against the original product label and your prescription or professional instructions before relying on it. A product’s strength or stated serving size is not necessarily the dose that is right for you.
• Do not make treatment decisions based on the Service. Do not start, stop, combine or change any medication, supplement, dose or schedule based only on information from AllTaken. Ask a licensed physician or pharmacist, and never ignore professional advice or delay seeking care because of something the Service shows.
• No safety guarantee and no complete interaction check. Ingredient analysis, duplicate detection and review flags are not a complete drug-interaction or contraindication assessment. The absence of a warning does not mean that a product, dose or combination is safe or appropriate for you.
• Reminders and tracking have limits. Notifications depend on your Device and can be delayed or fail; your records are only as complete as what you enter; and supply or run-out estimates may not match what you actually have. Do not rely on the Service alone to manage time-critical medication, to confirm that a dose was taken, or to make sure you have enough supply.
• Not for emergencies. AllTaken is not an emergency service. It does not monitor your health or alert anyone. If you suspect an overdose, a serious reaction or any other medical emergency, call your local emergency number or a poison control center immediately.

To the extent permitted by law, and subject to section 14, we are not liable for harm arising from reliance on inaccurate or incomplete information or on a reminder that did not arrive. Nothing in this section limits liability that cannot lawfully be limited or affects your mandatory consumer rights.

5. Your content and licence

You keep ownership of your User Content. You confirm that you have the right to submit it and that it does not infringe anyone else’s rights or break any law.

You give us a limited, non-exclusive, worldwide, royalty-free licence to host, store, sync, copy and process your User Content only as needed to provide, maintain, secure and support the features you use, as described in the Privacy Policy. Our service providers may do this on our behalf under contract. This licence does not allow us to make your private health information public or to use it to train AI models; sending your content to an AI model to answer your own request is not training. The licence ends when your content is deleted, except where the law requires us to keep it, as explained in the Privacy Policy.

Shared catalogue. If you choose to submit a product to the shared catalogue, you also give us a non-exclusive, worldwide, royalty-free, perpetual licence to review, correct, reproduce and display the product identification details and label photos you submit, and to show them to other users of the Service. Your routine, doses, logs, wellness entries and questions are never part of a submission.

6. AI features

AI features, such as label scanning and Ask AllTaken, are off until you turn them on and can be turned off at any time. They work from your own records and general information and can be wrong, so treat their answers as information to discuss with a professional, not as advice (see section 4). You agree not to use AI features to obtain instructions that could harm you or others, and not to try to make them ignore their safety rules or reveal how they work. We may limit how often AI features can be used.

7. Prohibited uses

Use the Service lawfully and only for its intended purpose. You must not:

• use the Service if you are under 18, or let someone under 18 use your account;
• access another person’s account or records, or use someone else’s sign-in details;
• record another person’s medication or health information without their permission, or upload a photo of a person without their consent;
• upload violent, explicit, unlawful, misleading or infringing content, or knowingly submit false product details to the shared catalogue;
• interfere with, overload, probe or bypass the security of the Service, or send automated or bulk requests to it;
• copy, modify, decompile, reverse engineer, resell or create derivative works from any part of the Service, or extract its content with automated tools, except where the law expressly allows it;
• use the Service to build or analyse a competing product, or in any way that breaks a law that applies to you.

8. Subscriptions, trials and billing

• A subscription is required. Using the Application requires an active subscription. Prices, billing periods and any free trial are shown in the Application and on the store before you buy.
• Who processes payment. Purchases are made through the Apple App Store and, once the Application is offered there, Google Play. The store’s terms govern payment, renewals and refunds. We do not receive your payment card details.
• Free trials. If a free trial is offered, its length is shown before you start it. Unless you cancel at least 24 hours before the trial ends, it turns into a paid subscription and you are charged at the price shown.
• Automatic renewal. Subscriptions renew automatically at the end of each period unless you cancel at least 24 hours before the period ends. Cancel in your Apple account at apps.apple.com/account/subscriptions (or in Google Play, once offered). Cancelling stops the next renewal; you keep access until the end of the current period.
• Refunds are handled by the store under its own policies; we cannot issue store refunds ourselves.
• Deleting is not cancelling. Deleting the Application or your account does not cancel a subscription. Restoring a purchase re-links your subscription to your account; it does not restore deleted records.

9. Third-party services

Parts of the Service rely on other companies, each under its own terms, which we do not control and are not responsible for: Apple (distribution, subscriptions, Sign in with Apple, TestFlight and Apple Health on your Device), Google (Sign in with Google where offered, and Google Play once offered), AI processing providers (scans and questions, only when AI features are on) and hosting and security providers. The Privacy Policy explains what each kind of provider receives. Links to third-party websites are provided for convenience only.

10. Intellectual property

The Service, the AllTaken name and logo, and all software, designs, text and other content of the Service other than User Content belong to the Company or its licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Application for your personal, non-commercial use on Devices you own or control, under these terms. The Application is licensed, not sold.

11. Apple App Store terms

If you downloaded the Application from the Apple App Store, the following also applies:

1. These terms are between you and the Company only, not Apple. The Company, not Apple, is solely responsible for the Application and its content.
2. Your licence to use the Application is limited to a non-transferable licence to use it on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that it may also be accessed by other accounts associated with you through Family Sharing or volume purchasing.
3. The Company is solely responsible for providing maintenance and support for the Application. Apple has no obligation to provide any maintenance or support.
4. If the Application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, of the Application to you. To the maximum extent permitted by law, Apple has no other warranty obligation for the Application, and any other claims, losses, liabilities, damages, costs or expenses caused by a failure to conform to a warranty are the Company’s responsibility.
5. The Company, not Apple, is responsible for addressing any claims by you or a third party relating to the Application or your possession or use of it, including product liability claims, claims that the Application fails to meet any legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
6. If a third party claims that the Application or your possession and use of it infringes that third party’s intellectual property rights, the Company, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.
7. You represent and warrant that you are not located in a country that is subject to a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country, and that you are not listed on any United States Government list of prohibited or restricted parties.
8. Questions, complaints or claims about the Application go to the Company: AllTaken, Inc., 2810 North Church Street, Wilmington, DE 19802, United States, [email protected].
9. You must comply with any applicable third-party terms when using the Application, for example your mobile carrier’s terms.
10. Apple and Apple’s subsidiaries are third-party beneficiaries of these terms. Once you accept them, Apple has the right, and is deemed to have accepted the right, to enforce them against you as a third-party beneficiary.

12. Account deletion and termination

You can stop using the Service at any time. In the Application, Profile › Delete my account and data signs you out, removes your data from that Device and schedules your account for deletion; our servers delete the account and its data 72 hours later, and signing in again before then cancels the deletion. Deleting your account does not cancel a subscription (section 8).

We may suspend or close your account if you break these terms, if we must do so by law, or to protect the Service or other people. Where reasonable, we will tell you first and give you a chance to download your data. When your access ends, the rights we granted you end too; sections that by their nature should continue, including sections 4, 5, 13, 14, 16 and 17, continue to apply.

13. Disclaimer of warranties

To the maximum extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement and uninterrupted or error-free operation. We do not warrant that information shown by the Service, including scan results, summaries and AI responses, is accurate, complete or current. Some jurisdictions do not allow certain warranties to be excluded, so some of these exclusions may not apply to you.

14. Limitation of liability

To the maximum extent permitted by law, the Company and its officers, employees and suppliers are not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, arising from or related to the Service or these terms. To the same extent, the Company’s total liability for all claims relating to the Service or these terms is limited to the greater of (a) the amount you paid us for the Service in the 12 months before the claim arose and (b) one hundred US dollars (US$100).

These limits do not apply to liability for death or personal injury caused by our negligence, for fraud, or to any other liability that cannot be limited or excluded under applicable law, and they do not affect your mandatory rights as a consumer.

15. Copyright complaints

We respect the intellectual property of others and respond to notices of alleged infringement under the US Digital Millennium Copyright Act. If you believe content in the Service, such as a shared catalogue entry, infringes your copyright, send a notice to our designated agent containing: your physical or electronic signature; the copyrighted work you claim is infringed; the material you claim is infringing and where it appears in the Service; your address, telephone number and email; a statement that you believe in good faith that the use is not authorised by the copyright owner, its agent or the law; and a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorised to act for the owner.

Designated copyright agent: Copyright Agent, AllTaken, Inc., 2810 North Church Street, Wilmington, DE 19802, United States; telephone +1 (740) 727-5220; email [email protected] with the subject “Copyright notice”. This agent is registered in the US Copyright Office’s DMCA Designated Agent Directory.

If your content was removed and you believe that was a mistake, you may send a counter-notice to the same agent. We close the accounts of users who repeatedly infringe the rights of others.

16. Governing law

These terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law rules, and, where applicable, the US Federal Arbitration Act. Any claim that is not subject to arbitration under section 17 will be brought only in the state or federal courts located in Delaware, and you and we consent to their jurisdiction. If you are a consumer who lives in the European Union, the United Kingdom, Switzerland or Quebec, you keep the protection of the mandatory laws of the country or province where you live and may bring proceedings in its courts.

17. Dispute resolution and arbitration

This section applies if you live in the United States. It does not apply to consumers who live in the European Union, the United Kingdom, Switzerland or Quebec.

1. Talk to us first. Before starting any formal proceeding, send a written notice describing your claim and the relief you want to [email protected] or to our postal address in section 20. We will do the same before bringing a claim against you. Both of us agree to try in good faith to resolve the dispute informally for 60 days after the notice is received.
2. Individual arbitration. If the dispute is not resolved, you and the Company agree that any dispute, claim or controversy arising out of or relating to the Service or these terms will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, before a single arbitrator. The arbitrator decides all questions about whether a dispute must be arbitrated, except questions about section 17.4, which a court decides.
3. Exceptions. Either of us may bring an individual claim in small claims court if it qualifies, and either of us may ask a court to stop the infringement or misuse of intellectual property rights.
4. No class actions. Claims may be brought only in an individual capacity, not as a plaintiff or class member in any class, collective or representative proceeding, and the arbitrator may not combine claims of more than one person. If this paragraph is found unenforceable for a particular claim, that claim must be decided by a court, not in arbitration.
5. Fees and location. Fees are paid as the AAA Consumer Arbitration Rules provide; under those rules the Company pays most of the costs of the arbitration. The arbitration will take place by video or telephone, or in person in the county where you live, as you choose.
6. Mass filings. If 25 or more similar claims are filed against the Company by the same or coordinated counsel, they will be administered in batches of up to 25 claims, one batch at a time, to the extent the AAA rules allow, and the time limits for later batches are suspended until earlier ones are resolved.
7. 30-day right to opt out. You can opt out of this arbitration agreement by emailing [email protected] within 30 days after you first accept these terms, with your name, the email address of your account and a statement that you opt out of arbitration. Opting out does not affect any other part of these terms.
8. Changes. If we make a material change to this section, it will not apply to a claim you notified us of before the change.

18. General terms

• Entire agreement. These terms and the Privacy Policy are the whole agreement between you and us about the Service and replace any earlier agreements about it.
• Assignment. You may not transfer these terms. We may transfer them to an affiliate or to a successor in a merger, acquisition or sale of assets, with notice to you where required.
• Export control. You may not use or export the Application in breach of US export laws or the laws of the country where you obtained it.
• Severability and waiver. If any part of these terms is found invalid or unenforceable, the rest continues to apply. If we do not enforce a right, that is not a waiver of it.
• Events beyond our control. We are not responsible for delays or failures caused by events beyond our reasonable control.

19. Changes to these terms

We may update these terms as the Service changes. The terms will always show the date they were last updated. If a change is material, we will tell you in the Application or by email before it takes effect. If you keep using the Service after a change takes effect, the updated terms apply; if you do not agree with them, stop using the Service and cancel your subscription.

20. Contact information

For support or questions about these terms, email [email protected] or write to AllTaken, Inc., 2810 North Church Street, Wilmington, DE 19802, United States. Privacy questions go to the address in the Privacy Policy. See also Support, the FAQ and the Washington Health Data Privacy Policy.