Terms of service
FODZYME Terms and Conditions for the ONLINE Sale of Goods
Last Modified: January 31, 2026
1. YOUR RIGHTS AND OBLIGATIONS.
(a) THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
(b) THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
(c) BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
(d) YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH FODZYME, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
(e) These terms and conditions (these “Sales Terms”) apply to the purchase and sale of products through fodzyme.com (the “Site”). These Sales Terms are subject to change by Kiwi Health, Inc. d/b/a Fodzyme (referred to as “Fodzyme”, “Kiwi”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Sales Terms will be posted on this Site, and you should review these Sales Terms before purchasing any product that is available through this Site. Your continued use of this Site after a posted change in these Sales Terms will constitute your acceptance of and agreement to such changes.
(f) These Sales Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products through this Site (see Section 9).
2. Products.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this Site is void where prohibited.
3. Order Acceptance and Cancellation.
You agree that your order is an offer to buy, under these Sales Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Fodzyme and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by calling our Customer Service Department at +1 857-425-3616.
4. Prices and Payment Terms.
(a) All prices posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, Mastercard, American Express, Discover, PayPal, Google Pay, and Apple Pay for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
(c) International customers are responsible for paying, taxes, duties, import, and brokerage fees applicable outside the United States imposed by their jurisdiction. Unless otherwise stated at checkout, charges will be made in U.S. dollars.
5. Shipments; Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
(b) Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
(c) Delivery times for international orders may vary and are subject to customs inspection and clearance. Title and risk of loss pass upon our transfer of the products to the carrier. You are responsible for any customs delays, restrictions, or refusal of entry by local authorities.
6. Returns and Refunds.
Our Return & Refund Policies, and Subscription Cancellation Policy governs returns and refunds of your purchase of products through the Site. Any refunds issued to international customers are in Kiwi’s sole discretion. If we issue a refund, it will be processed in the original currency or at the prevailing exchange rate at the time the refund is processed; exchange rate differences and bank fees are your responsibility.
7. LIMITED WARRANTY.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IF YOU RESIDE OUTSIDE THE UNITED STATES, NOTHING IN THIS LIMITED WARRANTY OR THESE SALES TERMS LIMITS YOUR MANDATORY RIGHTS UNDER THE CONSUMER PROTECTION LAWS THAT APPLY IN YOUR COUNTRY. IF ANY PROVISION CONFLICTS WITH SUCH LAWS, IT WILL BE MODIFIED ONLY TO THE EXTENT NECESSARY TO COMPLY.
FODZYME IS MANUFACTURED IN ACCORDANCE WITH CURRENT GOOD MANUFACTURING PRACTICES (CGMP) AS REQUIRED BY 21 CFR PART 111. WE WARRANT THAT EACH UNIT OF FODZYME IS FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP AND MEETS THE QUALITY STANDARDS STATED ON THE LABEL AT THE TIME OF SHIPMENT.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.
SOME STATES AND COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT, OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR AUTHORIZED RESELLERS, AGENTS, OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
(a) Who May Use This Warranty?
This limited warranty extends only to the original purchaser of products from the Site or from an Authorized Reseller, as defined in the Fodzyme Authorized Reseller Policy. It does not extend to any subsequent or other owner or transferee of the product or to any sale that violates the Fodzyme Authorized Seller Policy.
(b) What Does This Warranty Cover?
This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products purchased directly from Kiwi Health, Inc. on the Site or from Authorized Resellers. Products purchased from unauthorized sellers, including third-party marketplace vendors, are not eligible for warranty coverage or customer support.
(c) What Does This Warranty Not Cover?
This limited warranty does not cover any damages due to:
(i) transportation;
(ii) storage;
(iii) improper use, including products used beyond the expiration date and products not stored according to label instructions;
(iv) individual digestive outcomes or symptom relief;
(v) misuse, tampering, or repackaging.
(vi) failure to follow the product instructions or to perform any preventive maintenance;
(vii) modifications;
(viii) combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by Fodzyme;
(ix) normal wear and tear; or
(x) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
(d) What Is the Period of Coverage?
This limited warranty starts on the date of your purchase and lasts for six months (the “Warranty Period”). The Warranty Period is not extended if we replace a warranted product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
(e) What Are Your Remedies Under This Warranty?
With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) replace such products free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the replacement product to you if we elect to replace the defective products.
(f) How Do You Obtain Warranty Service?
To obtain warranty service, you must call +1 857-425-3616 or email our Customer Service Department at hello@fodzyme.com during the Warranty Period.
(g) Limitation of Liability
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE OR FROM AN AUTHORIZED RESELLER, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
(h) What Can You Do in Case of a Dispute with Us?
The dispute resolution procedure detailed in Section 12 is available to you if you believe that we have not performed our obligations under this limited warranty or these Sales Terms.
8. Goods Not for Resale or Export.
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 represent and warrant that you are buying products from the Site for your own personal or household use only, and not for resale or export. For the avoidance of doubt, this restriction does not prevent us from shipping products to international addresses for your personal use; it prohibits resale or onward commercial distribution by you.
9. Privacy.
Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products through the Site.
10. Force Majeure.
Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, epidemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the control of the Impacted Party. The Impacted Party shall give notice within 30 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 90 days following written notice given by it under this Section 10, either party may thereafter terminate this Agreement upon 10 days’ written notice.
11. Governing Law and Jurisdiction.
All matters arising out of or relating to these Sales Terms are governed by and construed in accordance with the 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) that would cause the application of the laws of any jurisdiction other than those of the State of Massachusetts. Notwithstanding the foregoing, these Sales Terms shall not deprive you of the benefit of any mandatory consumer protection provisions of the law of your country of residence.
12. Dispute Resolution and Binding Arbitration.
(a) YOU AND FODZYME ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
EXCEPT AS PROVIDED IN SECTION 12(e) (EMERGENCY RELIEF), SECTION 12(f) (INTELLECTUAL PROPERTY CARVE-OUT), AND SECTION 12(c) (SMALL CLAIMS), ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
ARBITRATION FOR INTERNATIONAL CUSTOMERS WILL TAKE PLACE IN THE UNITED STATES IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION CONSUMER ARBITRATION RULES, UNLESS APPLICABLE MANDATORY LAWS OF YOUR COUNTRY REQUIRE A DIFFERENT FORUM OR PROCESS.
(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid, except that the court (not the arbitrator) shall decide disputes regarding the application of the intellectual property carve-out in Section 12(f). The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
(c) Either party may elect to pursue an individual claim in small-claims court rather than arbitration if the electing party provides the other party with written notice of its intention do so within 60 days of the triggering purchase. The small-claims court proceeding will be limited solely to the electing party’s individual dispute or controversy.
(d) 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.
(e) Emergency Relief; No Waiver. Nothing in this Section 12 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 arbitration or excuse compliance with this Section 12.
(f) Intellectual Property Carve-Out for Injunctive/Equitable Relief. Notwithstanding anything to the contrary in this Section 12, 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, shall determine whether a claim falls within this Section 12(f).
(g) No Waiver of Arbitration for Other Claims. Any action brought under Section 12(e) or 12(f) does not waive the right to arbitrate any other claim, including claims for monetary damages.
(h) If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
13. Assignment.
You will not assign any of your rights or delegate any of your obligations under these Sales Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Sales Terms.
14. No Waivers.
The failure by us to enforce any right or provision of these Sales Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Fodzyme.
15. No Third-Party Beneficiaries.
These Sales Terms do not and are not intended to confer any rights or remedies upon any person other than you.
16. Notices.
(a) To You. We may provide any notice to you under these Sales Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Sales Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to Kiwi Health, Inc. 68 Harrison Ave., Suite 605 PMB 75731, Boston, Massachusetts 02111, United States. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier, registered mail, or certified mail will be effective when they are actually received.
17. Severability.
If any provision of these Sales Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Sales Terms and will not affect the validity or enforceability of the remaining provisions of these Sales Terms.
18. Entire Agreement.
Our order confirmation; these Sales Terms; our Website Terms of Use; our Refund & Return Policy; our Subscription Cancellation Policy; our Authorized Reseller Policy; and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Sales Terms.