Terms of Service

Introduction

Welcome to Qen. These Terms of Service (“Terms”) are a contract between you and Qen Health USA, Inc., a Delaware corporation (“Qen”, “we”, “us”). They govern your use of qenhealth.com, the Qen customer portal, and everything we sell through them (together, the “Service”).

Please read section 6 (what you pay), section 7 (refunds), section 8 (your subscription) and section 16 (dispute resolution) carefully. Section 7 limits when you can get your money back. Section 16 affects how disputes between us are resolved, including your right to bring a class action.

By ticking the box marked “I agree” you accept these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1. What Qen is

Qen is a wellness service rooted in Traditional Chinese Medicine. You complete an online intake about yourself and your goals. A TCM practitioner reviews it and, where our formulas are a good fit, personalizes a herbal treatment for you from our formula library. We send it to you every 4 weeks and adjust it over time as you tell us how you are getting on.

2. What Qen is not

Qen does not provide medical care. We do not diagnose, treat, cure or prevent any disease or medical condition. Our practitioners are Traditional Chinese Medicine practitioners and herbalists. They are not your doctor, and using the Service does not create a medical relationship of any kind.

Qen is not a substitute for medical advice. Always talk to a qualified healthcare professional about any health concern, and before starting anything new if you are pregnant, trying to conceive, breastfeeding, taking prescription medication, or living with a diagnosed condition.

These statements have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure or prevent any disease.

If this is an emergency, call 911 or go to your nearest emergency room. Do not use the Service to seek urgent help.

3. Who can use the Service

You may use the Service only if you are 18 or over, resident in a state where we operate (at present New York and California), buying for your own use, and able to enter into a binding contract. You must give us accurate and complete information in your intake and keep it up to date. Our practitioners rely on what you tell us, so an incomplete answer can lead to an unsuitable recommendation.

If you are a California resident, you will also be shown a separate notice about our practitioners before you complete your intake, which you must acknowledge.

We may decline to serve anyone, at any time, for any lawful reason. If we decline after you have paid, section 7 applies.

4. Your account

You are responsible for your login details and for activity under your account. Tell us promptly at support@qenhealth.com if you think someone else has access. Keep your contact details current, because we send important messages about your order and your subscription to the email address and phone number on your account, and we post decisions about your treatment to the portal.

5. Intake and suitability review

After you complete the intake and pay, a practitioner reviews what you have told us and decides one of three things:

• Suitable. We personalize a treatment for you and your order moves forward automatically. You do not need to accept or confirm anything.

• More information needed. We post a message to your portal asking a follow-up question. Reply in the portal. Your order waits until you do.

• Not a good fit. Sometimes our formulas are not right for someone, for example because of medication you take or a concern that needs a doctor rather than us. If so, we cancel the order and refund you in full under section 7, and we post a message explaining why.

We aim to complete the review promptly. If a follow-up question is needed, the review continues when you reply.

6. What you pay, and when

• Price: $129 every 4 weeks, plus tax where it applies. Shipping is included.

• How often: Every 4 weeks

• When you are first charged: When you submit your intake, before a practitioner has reviewed it. You will see this on the payment page before you pay.

• What that buys: The suitability review and, if our formulas are a good fit, 4 weeks of  herbal treatment delivered to you.

• After that: $129 every 4 weeks until you cancel. See section 8.

We charge upfront so that we can start work straight away and get your treatment to you faster. If a practitioner concludes our formulas are not a good fit for you, we cancel the order and refund the full amount.

7. Refunds

We refund you in full if a practitioner concludes our formulas are not a good fit for you. Your order is canceled and you are refunded the full amount you paid.

Once your treatment has shipped, we do not offer refunds. For health and safety reasons we cannot resell returned herbal products.

Canceling your subscription stops future charges. It does not refund a charge already taken, and anything already shipped is yours to keep.

7.1 How refunds are paid

Refunds go back to the payment method you used. We start the refund within three business days of the decision. Your bank or card issuer then takes its own time to post it, usually a few business days more, which is outside our control.

7.2 If something goes wrong with your order

If your treatment arrives damaged, is the wrong item, or does not arrive at all, tell us within 14 days of delivery or of when delivery was due, at support@qenhealth.com, and we will replace it or refund it. This is separate from the policy above.

Nothing in this section affects any right you have under New York or California law that cannot be waived.

8. Your subscription

This is a subscription that renews automatically.

• $129 every 4 weeks, plus tax where it applies. That is 13 charges a year, not 12.

• We charge the payment method on your account every 4 weeks until you cancel.

• You can cancel at any time, online, in a few clicks, at Account then Subscription in the portal. No phone call, no chat, no waiting.

• Cancel at least 24 hours before your next charge date to avoid the next charge.

• Canceling stops future charges. It does not refund a charge already taken, and anything already shipped is yours to keep.

• You can also pause your subscription from the same screen.

We send you a confirmation of these terms by email when you subscribe, and we will tell you in advance of any change to what you pay. If your treatment changes, the price does not change unless we tell you first.

If a payment fails we will retry and let you know. If it keeps failing we may pause your subscription until you update your payment method.

If the Service was provided for which payment was not collected, the amount remains payable and we may charge your payment method or suspend the Service until it is paid.

9. Changes to these Terms or to your plan

We may update these Terms. If a change is material, we will tell you at least 5 and no more than 30 days before it takes effect, by the method you normally hear from us, and we will say what is changing. If you do not agree, cancel before the change takes effect. Continuing to use the Service after that date means you accept the updated Terms. Previous versions are available on request at legal@qenhealth.com.

10. Delivery

We ship to addresses in New York and California. Title and risk pass to you on delivery. Delivery estimates are estimates. If something is delayed, we will tell you. Missed or stolen deliveries after confirmed delivery to your address are your responsibility.

11. Looking after yourself while you use Qen

Tell us promptly, through the portal, if anything changes: new medication, pregnancy, breastfeeding, a new diagnosis, surgery, or anything that does not feel right after starting your formula. Stop taking your formula and speak to a doctor if you have any reaction that concerns you, and tell us at support@qenhealth.com so we can update your file and adjust or stop your plan.

We may contact you if something you have told us suggests you should see a doctor. That is us being careful, not us making a clinical judgment about you.

12. Using the Service properly

Do not use the Service for anyone other than yourself, give false information, resell our products, interfere with the Service or try to access parts of it you have no right to, or use it for anything unlawful. We may suspend or close an account that does.

13. Our content and yours

Everything on the Service, including the site, the portal, the intake, our formulas, our text and images, and the Qen name and logo, belongs to us or our licensors. You may use it for your own personal, non-commercial use of the Service and nothing else.

What you write in your intake and in the portal stays private and stays yours. We use it only to run the Service, as described in the Privacy Policy. If you separately post a public review or testimonial, you give us permission to use, reproduce and display that review in connection with the Service. This permission covers public reviews only. It does not extend to your intake, your portal messages, or any health information you give us.

14. Disclaimers

To the fullest extent the law allows, the Service and our products are provided “as is” and we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not promise any particular result. Traditional Chinese Medicine works differently for different people and we cannot and do not guarantee an outcome.

Nothing in these Terms excludes or limits our liability for fraud, for death or personal injury caused by our negligence, or for anything else that cannot lawfully be excluded or limited. Some states do not allow certain exclusions, so parts of this section may not apply to you.

15. Limitation of liability

Subject to section 14, and to the fullest extent the law allows, neither we nor our practitioners, suppliers or partners are liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data or goodwill, arising out of the Service, even if we have been told such damages are possible.

Our total liability to you for any claim is limited to the greater of (a) the amount you paid us in the twelve months before the event giving rise to the claim, and (b) two hundred and fifty dollars ($250).

16. Resolving disputes

Please read this section. It affects your legal rights, including your right to go to court and your right to bring or join a class action.

16.1 Talk to us first

Before starting formal proceedings, email legal@qenhealth.com describing the problem and what you want. We will do the same for you. Neither of us may start an arbitration or a court case until 30 days after that notice. Most things are resolved in this period.

16.2 Arbitration

If we cannot resolve it, you and we agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act governs this section. Arbitration is less formal than court, a neutral arbitrator decides, and the decision is final and enforceable. We will pay the arbitration fees and costs that the AAA Consumer Arbitration Rules allocate to us, and the AAA consumer fee schedule applies to you.

16.3 Class action waiver

You and we each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. An arbitrator may not consolidate claims or preside over any representative proceeding. If this paragraph is found unenforceable as to a particular claim, that claim proceeds in court and the rest of this section 16 continues to apply to everything else.

16.4 Coordinated filings

If 25 or more claims of a substantially similar nature are filed against us by or with the assistance of the same law firm or coordinated group, the claims will be grouped into batches of no more than 50 and resolved one batch at a time, with a single arbitrator per batch. Limitation periods are paused for claims waiting in later batches. This keeps costs proportionate for both sides and does not limit anyone's right to have their claim heard.

16.5 What is not covered

Either of us may bring an individual claim in small claims court. Either of us may seek injunctive relief in court to protect intellectual property. Nothing here prevents you from reporting a concern to any government agency, or from taking part in a government investigation.

16.6 Your right to opt out

You may opt out of arbitration and the class action waiver. Email legal@qenhealth.com with your name, the email address on your account, and a statement that you opt out of arbitration, within 30 days of first accepting these Terms. Opting out costs you nothing, changes nothing else about your account, and we will not treat you differently for it. If you opt out, disputes are resolved in the courts identified in section 17.

17. Governing law

These Terms are governed by the laws of the State of New York, without regard to its conflict of laws rules. Where section 16 does not apply, the state and federal courts located in New York County, New York have exclusive jurisdiction, and you and we consent to that jurisdiction.

If you live in California, nothing in these Terms waives any right you have under California law that cannot be waived, including under the Consumers Legal Remedies Act, the Automatic Renewal Law (Business and Professions Code section 17600 and following) and the Confidentiality of Medical Information Act. If you live in New York, the same applies to your rights under New York law, including General Business Law sections 349, 350 and 527-a.

18. General

• Whole agreement. These Terms and the Privacy Policy are the whole agreement between us about the Service.

• Severability. If any part is unenforceable, the rest continues in force.

• No waiver. If we do not enforce something straight away, we have not given up the right to enforce it later.

• Assignment. You may not transfer your account. We may transfer these Terms in connection with a merger, acquisition or sale of assets, on notice to you.

• Force majeure. Neither of us is liable for delay caused by something genuinely outside our reasonable control.

19. How to reach us

• General support: support@qenhealth.com

• Legal notice & arbitration opt-out: legal@qenhealth.com

• Privacy requests: privacy@qenhealth.com

• Post: Qen Health USA, Inc., 131 Continental Dr, Suite 305, City of Newark, County of New Castle, Delaware 19713, United States.

• Cancel or pause: Account then Subscription, in the portal.

California residents: you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.