Terms of Use

Last Modified: January 31, 2026 

These terms of use are entered into by and between you and Kiwi Health, Inc. d/b/a Fodzyme (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of fodzyme.com, including any content, functionality, and services offered on or through fodzyme.com (the “Site”), whether as a guest or a registered user.  

If you purchase products through the Site, your purchase and any dispute arising out of or relating to the purchase, the products, or any product-related representations made in connection with the purchase are governed exclusively by the Terms of Sale. If there is any conflict between these Terms of Use and the Terms of Sale, the Terms of Sale will control for all purchase-related matters. 

Please read these Terms of Use carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.  

This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company under the laws of your jurisdiction and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site. 

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Site.  

Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. These Terms shall not deprive you of the protection of mandatory provisions of the law of your country of residence. 

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Site or the entire Site. 

You are responsible for both: 

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. 

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. 

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. 

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These protections apply worldwide, regardless of the location of the user. 

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows: 

You must not: 

You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.  

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. We reserve the right to enforce our intellectual property rights in any jurisdiction where infringement occurs. 

The Company name, the term FODZYME®, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners. 

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please send contact us as provided under “Your Comments and Concerns” section below the following information: 

A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. 

As provided in our Terms of Sale, we do not authorize the purchase of our merchandise for resale purposes except to our authorized resellers in accordance with our Authorized Reseller Policy. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized dealers, unauthorized resellers, or unauthorized distributors, and will fully enforce our rights through legal or equitable action.  

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site: 

Additionally, you agree not to: 

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. 

This Site may include content provided by third parties, including materials provided by our licensors, advertisers and affiliates. This content is for your information and convenience only, and we are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. 

We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.  

All information we collect on this Site is subject to our Privacy Policy . By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.  

All purchases through our site or other transactions for the sale of goods carried out through the Site, or resulting from visits made by you, are governed by our Terms of Sale (including the Warranty), which are hereby incorporated into these Terms of Use. Our Authorized Reseller Policy; Refund & Return Policy; our Subscription Cancellation Policy; and Accessibility Policy are also incorporated into these Terms of Use. 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, does not infringe our intellectual property rights, or violates these Terms of Use.  

Subject to the foregoing, you must not: 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. 

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This may include links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.  

The owner of the Site is based in the State of Massachusetts in the United States. We make no claims that the Site or any of its content is appropriate or available in all jurisdictions. Access to the Site may not be legal by certain persons or in certain countries. You access the Site on your own initiative and are responsible for compliance with local laws.  

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. 

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY IN THE LAST SIX  MONTHS FOR THE APPLICABLE PRODUCT OUT OF WHICH LIABILITY AROSE. 

THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.

All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the State of Massachusetts or any other jurisdiction). 

EXCEPT AS PROVIDED IN THE EMERGENCY RELIEF AND INTELLECTUAL PROPERTY CARVE-OUT SECTIONS BELOW, ANY ANY DISPUTES ARISING FROM THESE TERMS OF USE OR USE OF THE SITE, INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA RULES”) IN BOSTON, MASSACHUSETTS, APPLYING MASSACHUSETTS LAW. THE FEDERAL ARBITRATION ACT GOVERNS THIS ARBITRATION PROVISION. USERS OUTSIDE THE UNITED STATES AGREE TO ARBITRATION IN THE UNITED STATES UNDER AAA RULES UNLESS MANDATORY LOCAL LAW REQUIRES A DIFFERENT FORUM OR PROCESS. 

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR FODZYME WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. 

Except for disputes governed by the Intellectual Property Carve-Out below, the arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this agreement. 

Emergency Relief; No Waiver. Nothing in this arbitration provision prevents either party from seeking temporary, emergency, preliminary, or interim injunctive relief from a court of competent jurisdiction to preserve the status quo pending arbitration. Seeking such relief does not waive the right to arbitrate. 

Intellectual Property Carve-Out for Injunctive/Equitable Relief. Notwithstanding anything to the contrary in this arbitration provision, either party may bring an action in the state or federal courts located in the Commonwealth of Massachusetts to seek temporary, preliminary, or permanent injunctive or other equitable relief to prevent or stop actual or threatened infringement, misappropriation, or violation of that party’s intellectual property rights (including without limitation trademarks, copyrights, patents, trade secrets, and proprietary or confidential information). The parties consent to personal jurisdiction and venue in such courts. The court (not the arbitrator) will decide whether a claim falls within this carve-out. 

No Waiver of Arbitration for Other Claims. The filing or maintenance of an action under the Emergency Relief or Intellectual Property Carve-Out sections does not waive any party’s obligation to arbitrate all other disputes subject to arbitration under this provision. 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.  

These Terms of Use; our Privacy Policy; Accessibility Policy; Terms of Sale (including the Warranty); Authorized Reseller Policy; and Refund & Return Policy; our Subscription Cancellation Policy constitute the sole and entire agreement between you and Fodzyme regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.  

This Site is operated by Kiwi Health, Inc., d/b/a Fodzyme, 68 Harrison Ave., Suite 605 PMB 75731, Boston, MA 02111. 

All notices of copyright complaints should be sent to us at: copyright@fodzyme.com and phone +1 781-257-4948. 

All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: hello@fodzyme.com. 

© 2026 Kiwi Health, Inc. All trademarks are owned by Kiwi Health, Inc. or its licensors.  All rights reserved.