These Terms of Use (“Terms”) describe the terms and conditions on which Allurion Technologies, Inc. and/or its affiliates (“Allurion”, “we,” “our,” or “us”) provides access to, and governs the use of, this website, located at https://allurionmeds.com (the “Site”), the mobile application (“App”), their associated content and any products and services provided therein (collectively, including the Site and App, the “Services”).
These Terms are important, contain legal obligations and affect your legal rights, so please read them carefully.
BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS. ADDITIONALLY, BY USING THE SERVICES, YOU AGREE TO THE TRANSFER OF YOUR INFORMATION TO COUNTRIES OUTSIDE OF YOUR COUNTRY OF RESIDENCE, WHERE DATA PROTECTION LAWS MAY DIFFER FROM THOSE IN YOUR COUNTRY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE OUR SERVICES.
We make available to eligible individuals who register as users of the Services (“Users”) certain products and services sold or offered by Allurion or by third party medical providers, pharmacies or other vendors via our Services. Our Services provide access to prescription fulfillment services offered by participating pharmacies, including but not limited to VitaScripts Pharmacy (the “Pharmacies”). You agree and understand that your prescription(s) may be filled by any of the Pharmacies and agree that the Services may do so on your behalf. We may also provide you with access to certain medical groups, including but not limited to Ola Digital Health, and dieticians and nutritionists via Dieticians On Demand Corporate Solutions, LLC (the “Medical Groups”). These Medical Groups employ or contract with health care providers who offer certain health care services through the Services (the “Providers”). You acknowledge and agree that any services you receive from the Pharmacies, Medical Groups and Providers are third party beneficiaries of these Terms.
The Services are currently only available to Users located in states in which the Services are offered and who are at least 18 years of age or older. If you are under the age of 18, please do not use the Services without the supervision and consent of a parent or legal guardian who agrees to be bound by these Terms. By using the Services, or by supervising and consenting to someone’s use of the Services, you represent that you (i) are at least 18 years old, (ii) have the full power and authority to enter into these Terms, and (iii) are located in the same state as the shipping address you provide in your account when you conduct a consultation with a Provider.
We do not provide, control or interfere with the practice of medicine by the Medical Groups or any Providers, each of whom is solely responsible for directing medical care and/or treatment they provide to you. You acknowledge and agree that Allurion is not a health care provider, and that by using the Services, you are not entering into a doctor-patient or other health care provider-patient relationship with Allurion, but may enter into such a relationship with the Medical Groups and/or one or more Providers. Further we do not control or interfere with any professional services provided by the Pharmacies, which are solely responsible for their provision of professional services rendered via the Services.
Allurion and the Medical Groups are not enrolled with, and are not participating providers with, any federal or state health care programs (i.e., Medicare, Medicaid) for the provision of any health care services or products and, as such, neither you nor Allurion or the Medical Groups may receive payment from such programs for the services or products provided to you by Allurion or the Medical Groups. Further, to the extent that any of the Pharmacies or Providers may be enrolled in federal or state health care programs, the means through which the services and products are provided or made accessible through the Services typically precludes such services and products from being covered benefits under these programs. By choosing to use the Services, you are specifically choosing to obtain products and services on a cash basis outside of any federal or state healthcare program. Thus, you are solely responsible for the costs of any service or product provided to you.
Certain products available through the Services require a valid prescription by a licensed health care provider. You will not be able to obtain a prescription product unless you have completed a consultation with one of the Providers, the Provider has determined the prescription product is appropriate for you, and the Provider has written a prescription.
If a Provider determines a prescription product is appropriate for you and writes a prescription, you will receive the prescription from one of the participating Pharmacies. Prescriptions may also be transferred among the Pharmacies without notice. Not all prescriptions fulfilled by the Pharmacies use child-resistant packaging and your prescription product may not be dispensed in a child-resistant container. Some prescriptions may not be available through the Pharmacies or must be filled by a local pharmacy of your choice as prompted during your use of the Services.
If you complete a consultation with a Provider and fill a prescription through one of the Pharmacies, the prescription product is shipped to you by the applicable Pharmacy and the costs associated with the prescription (including the amount charged by the Pharmacy for the prescription drug and the amount charged by the Medical Group for the services of the Provider, as applicable) are included in the total charged to you by the Services. If you fill a prescription with a pharmacy other than the Pharmacies, the Services will send the prescription to your selected pharmacy, but you will be responsible for picking up or otherwise obtaining the prescription product and paying the pharmacy directly for the cost of the prescription product.
Prescription products available through the Services are “Third-Party Goods and Services” as described in the Third-Party Goods and Services section of these Terms. In no event will Allurion dispense or be responsible for dispensing any prescription product.
Telehealth involves the delivery of health care services using electronic communications, information technology or other means between a health care provider and a patient who is not in the same physical location. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. Telehealth services are not a substitute for in-person care in all cases. In order to use the Services, you will be required to review and agree to an informed consent regarding the use of telehealth (the “Patient Consent”), which will be provided by the Medical Groups. You agree that Allurion is a third-party beneficiary of the Patient Consent and has the right to enforce it against you.
Parties other than Allurion, including Pharmacies, Medical Groups and Providers, provide services or sell products through the Services (collectively, “Third Parties”), and Allurion may also make available to you for purchase certain services, devices, items or products manufactured, distributed or sold by Third Parties (“Third- Party Goods and Services”). Your use of any Third-Party Goods and Services and any interactions with Third Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such Third Parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving Third Parties or any Third-Party Goods and Services. You are solely responsible for, and shall exercise caution, discretion, common sense and judgment in, using the Service and disclosing personal information.
You agree that Allurion shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Services, including any Third-Party Goods and Services or your interactions with any Third Parties. In the event of any dispute between you and any Third Party, any other User or any other entity or individual, you understand and agree that Allurion is under no obligation to become involved in such dispute, and you hereby release and indemnify Allurion and its corporate parents, subsidiaries, and affiliates, and all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “Allurion Parties”) from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
All products offered for sale by Allurion are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. Prices for products are subject to change at any time. You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of products or services through our Services. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states.
Only valid payment methods acceptable to us may be used to complete a purchase via the Services. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If your designated payment method is declined, we will attempt to process your charge until the transaction is approved. We and our third-party payment service providers may request, and may receive, updated payment card information from your payment card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, you agree we may update your account information accordingly, and will use such updated information to process payments for your future purchases and applicable subscription charges (including any applicable taxes, shipping and handling charges). Your payment card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated card information. If you wish to opt out of your payment card’s updating service, you should contact your card issuer. We are not responsible for any fees or charges that your bank or payment card issuer may apply. If your bank or card issuer reverses a charge to your payment card, we may bill your account directly and seek payment by another method including a mailed statement.
In connection with any purchase you make through the Services, you may be asked to supply certain information relevant to the transaction, including, without limitation, your payment card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By submitting such information, you grant Allurion without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information (and any updated information we receive) to third parties (e.g., payment processing companies, buyers on the Services, sellers on the Service) for the purpose of facilitating the transaction.
All credit card, debit card and other monetary transactions on or through the Services occur through an online payment processing application accessible through the Services. This online payment processing application is provided by Allurion’s third-party online payment processing vendor, Stripe (“Payment Vendor”). Additional information about Stripe, its privacy policies and information security measures (collectively, the “Payment Vendor Policies”) should be available on the Stripe website located at https://stripe.com/ or by contacting Stripe directly. Reference is made to the Payment Vendor Policies for informational purposes only and are in no way incorporated into or made a part of these Terms. Allurion’s relationship with Payment Vendor, if any, is merely contractual in nature, as Payment Vendor is nothing more than a third-party vendor to Allurion and is in no way subject to Allurion’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.
You agree to pay any shipping and handling charges, if any, shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the Services, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier. We reserve the right to remedy User issues and concerns on a case-by-case basis.
We reserve the right, in our sole discretion, to resolve customer issues and concerns based on the facts and circumstances of each User.
You understand that you will need to create an account to have access to all of the parts of the Services. You will:
(a) provide true, accurate, current, and complete information about yourself when registering for and/or purchasing our Services (e.g., name, email, address, user ID and password, and payment information) (collectively, “Registration Information”); and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any Registration Information that is untrue, inaccurate, not current, or incomplete, or we reasonably suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your account. You will not share your account information or your username and password with any third party or permit any third party to logon to the Services by using your account information. You will immediately notify us of any unauthorized use of your password or account or any other breach of security. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services.
You agree that: (i) you will only use the Services for lawful purposes; (ii) you will not use the Services for any fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct; (iii) you will not use the Services to cause nuisance, annoyance or inconvenience; (iv) you will not impair the proper operation of the Services; (v) you will not try to harm the Services in any way whatsoever; (vi) you will not copy or distribute the Services or any other content without written permission from us; and (vii) you will only use the Services for your internal operations and will not resell it to a third party or otherwise use it for commercial purposes.
Allurion grants you a limited right to use the Services for your personal use. You agree to protect the Services, and its proprietary content, information and other materials, from any unauthorized access or use, and you agree that you will not use the Services, or such proprietary content, information or materials except as authorized in writing by Allurion. You agree that you will not directly or indirectly: (i) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Services in any unauthorized manner, including but not limited to by trespass or burdening network capacity; (ii) use the Services in any service bureau arrangement; (iii) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Services, in whole or in part, in any form or manner, or by any means; (iv) harvest or scrape any content or data from the Services; (v) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Services; (vi) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of the Services in whole or in part; (vii) use any means to discover the source code of any portion of the Services; or (viii) otherwise circumvent any functionality that controls access to or otherwise protects the Services; or (ix) permit any third party to engage in any of the acts described in clauses (i) through (viii). Any attempt to do any of the foregoing is a violation of Allurion’s and our licensors’ rights. If you breach these restrictions, you may be subject to prosecution and damages.
Allurion and its licensors reserve the right to change, suspend, remove, or disable access to the Services, or any portion of the Services at any time without notice. In no event will Allurion be liable for the removal of or disabling of access to the Services or any portion thereof. Allurion may also impose limits on the use of or access to the Services, in any case without notice or liability.
The Services and its content, including its “look and feel” (e.g., text, graphics, images, logos) proprietary content (e.g., scheduling availability), information and other materials, are protected under intellectual property, copyright, trademark, and other laws. You agree that Allurion and/or our licensors own all right, title and interest in and to the Services (including, without limitation, any patent, copyright, trade secret, trademark, know-how and any and all other intellectual property rights in or related to the Services) and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of Allurion’s (or our licensors’) patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of these Terms.
Any and all (i) suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Allurion by you (collectively “Feedback”), and all (ii) improvements, updates, modifications or enhancements, whether made, created or developed by Allurion or otherwise relating to the Services (collectively, “Revisions”), are and will remain our property. You agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Services or in any such Feedback or Revisions. You agree to assign to Allurion any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions.
When you visit the Site or App or use the Services, or send emails to Allurion, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site or App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Privacy Policy is incorporated and made part of these Terms. You hereby agree to such Privacy Policy. Any personal information (for example, your name, date of birth, address, telephone number or email address) that you transmit to the Services will be used by Allurion in accordance with the Privacy Policy.
Allurion may terminate your use of the Services or any of our features or services at any time and for any reason without notice, including, for example, for conduct violating these Terms, if any or all of the agreements between Allurion and the Medical Groups or Pharmacies terminate, or if we discontinue the Services. You agree that if your use of the Services is terminated pursuant to these Terms, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold all Allurion Parties harmless from any and all liability that any such Allurion Parties may incur with respect thereto.
Except as otherwise provided in the Privacy Policy or as required by applicable law (including any obligation to provide access to health records), we have no obligation, whether before or after the termination of your use of the Services, to return or otherwise provide to you or any third party on your behalf any content, any information you provide to us, any information your Providers provided to us about or relating to you, or any other information that we may have that relates to you.
We may modify, suspend or discontinue any aspect of the Services at any time without prior notice. You agree that we are not liable to you or any third party for any modification, suspension or discontinuance of any feature or component of the Services. In addition, we reserve the right, at any time and for any reason, with or without notice, and without liability to you or any other user, to: (a) restrict, limit, suspend or terminate your and/or any other user’s access to the Services; (b) monitor any user’s use of the Services to verify compliance with these Terms and/or any applicable law; (c) investigate any suspected or alleged misuse of the Services and cooperate with law enforcement and/or third parties in such investigation; and (d) disclose information about any user’s use of the Services in connection with a law enforcement investigation of alleged illegal activity, or in response to a lawful court order or subpoena or law enforcement request.
The Services, their contents, materials, services and products are provided as a convenience and solely on an “AS IS” and “AS AVAILABLE” basis. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALLURION HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Allurion does not represent or warrant that the functions of the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services or the server that makes the Services available are free of viruses or other harmful components. Allurion does not make any warranties or representations regarding the use of the materials in the Services in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless the Allurion Parties, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services using your Internet account.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. NEITHER ALLURION, NOR ANY OF THE OTHER ALLURION PARTIES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Links from this Site or App to third-party websites do not imply Allurion’s endorsement of any other websites’ content, product or service. Links from this Site or App to third-party websites are provided for your convenience and are intended only to enable access to these third-party websites and for no other purpose. Please use your independent care and judgment when accessing these third-party websites.
The Services and any associated content (including, without limitation, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software) are the property of Allurion or its content suppliers and are protected by United States and international copyright, trademark and other laws. Allurion reserves all intellectual property rights not expressly granted under these Terms.
Any controversy or claim between the parties or arising out of these Terms or any use of the Services shall be determined by one disinterested arbitrator in binding arbitration pursuant to the Commercial Arbitration Rules and the Supplementary Procedures for Online Arbitration of the American Arbitration Association (the “AAA”). The arbitrator shall be experienced in agreements for information technology services, either as an attorney or as an information technology professional. If the parties fail to appoint an arbitrator within forty-five (45) days of the institution of the arbitration, the AAA shall select the arbitrator promptly thereafter. Any requests for accelerated, emergency or preliminary relief shall be submitted pursuant to the AAA’s Optional Rules for Emergency Measures of Protection. If any such requests are made before an arbitration panel is empaneled, then the AAA shall appoint one disinterested arbitrator as an arbitration panel to immediately hear and decide such request. The arbitration panel shall have the right to grant interim awards. Testimony shall be permitted by telephone, video conference and other forms of real-time telecommunications. If the arbitrator requires in-person hearings, the hearings shall be held in New York. The arbitral award will be final and binding, and may be entered and enforced in any court of competent jurisdiction. Notwithstanding the foregoing, you agree that a breach of these Terms will cause irreparable injury to Allurion for which monetary damages would not be an adequate remedy and that Allurion will be entitled to equitable relief in any court of competent jurisdiction, in addition to any other remedies available to us under these Terms, or at law without a bond, other security or proof of damages.
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to such jurisdiction’s conflict of laws principles.
BY ENTERING INTO THESE TERMS, YOU AND ALLURION ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND ALLURION BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THESE TERMS IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND ALLURION BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
Allurion may assign its rights and duties under these Terms to any party at any time without notice to you.
The provisions of these Terms entitled “Disclaimer – Warranty,” “Indemnification,” “Limitation of Liability,” Dispute Resolution; Governing Law,” “Waiver of Jury Trial and Class Actions, and “General Provisions” will survive the termination of these Terms.
Except as provided in a particular “Legal Notice” on this Site, these Terms, along with Allurion’s Privacy Policy, constitute the entire agreement and understanding between you and Allurion with respect to use of the Services, superseding all prior or contemporaneous communications with Allurion. These Terms are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms shall be admissible in judicial or administrative proceedings based upon or relating to use of the Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles of these Terms are displayed for convenience only and have no legal effect. Nothing in these Terms shall be deemed to confer any third-party rights or benefit.
Allurion may at any time revise or modify these Terms by or impose new conditions for use of the Services. Such changes, revisions, or modifications shall be effective immediately upon notice to you, which will be given by posting on the Site and App. Your continued use of the Services constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Terms.
If you have any questions about these Terms please contact us at care@allurionmeds.com.