Terms and Conditions

Last Updated: February 17, 2026

1. Agreement To Terms of Use

These Terms of Use (“Terms,” “Agreement”) constitute a legally binding agreement between you (“you,” “your,” “User”) and Max Ascension LLC, doing business as Advanced Food Intolerance Labs (“AFIL,” “Company,” “we,” “us,” or “our”), governing your access to and use of:

https://advancedfoodintolerancelabs.com
Any AFIL-owned or operated subdomains, portals, dashboards, or applications (including myAFIL)
Any AFIL-operated storefronts on third-party marketplaces (including but not limited to Amazon, Groupon, Shopify-powered storefronts, or similar platforms)
Any related content, test kits, reports, communications, customer support interactions, SMS, email, affiliate referrals, or services

(collectively, the “Services”).

BY ACCESSING, USING, REGISTERING, PURCHASING FROM, OR INTERACTING WITH THE SERVICES IN ANY WAY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY THESE TERMS.

If you do not agree, you must immediately discontinue use of the Services.

Additional terms, policies, or documents that may be posted on the Site from time to time are expressly incorporated into these Terms by reference. We reserve the right to modify or update these Terms at any time, at our sole discretion. Changes will be reflected by updating the “Last Updated” date above. Your continued use of the Site after any changes are posted constitutes acceptance of the revised Terms.

The Site is not designed to comply with industry-specific regulations such as HIPAA, FISMA, or GLBA. If your use of the Site would be subject to such regulations, you may not use the Site.

The information provided on the Site is not intended for use or distribution in any jurisdiction where doing so would violate applicable law or require registration by AFIL. Users who access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws.

The Site is intended for users thirteen (13) years of age or older. Minors under the age of eighteen (18) must have permission from, and be supervised by, a parent or legal guardian. If you are a minor, your parent or guardian must review and agree to these Terms before you use the Site.

2. DEFINITIONS

For purposes of these Terms:

“Services” means all AFIL offerings, including websites, portals, test kits, reports, communications, and customer support.
“Test Kits” means any AFIL kit labeled Primal, Plus, Premium, or similar.
“Assessment Kits” means lower-cost screening or assessment-level kits as identified by AFIL.
“Samples” means any biological or physical material submitted by a User.
“Results” / “Reports” mean wellness-oriented informational outputs generated by AFIL.
“Wellness Information” means non-diagnostic, non-medical, general informational insights.
“Care Manager” means any AFIL customer support or wellness representative (non-medical.)
“Affiliate” means any independent third party promoting AFIL.
“Third-Party Platforms” means Amazon, Groupon, payment processors, shipping carriers, or similar services.
“Fraudulent Activity” includes artificial samples, misrepresentation, chargeback abuse, or manipulation of Services.

3. Scope of Services - Wellness Only

Advanced Food Intolerance Labs (“AFIL”) provides non-diagnostic, non-medical wellness information only. All products, services, reports, content, and materials offered through the Site are intended solely for general informational and personal educational wellness purposes and are not intended to be used as medical, clinical, or veterinary advice.

AFIL’s services do not:

Diagnose, treat, cure, prevent, or mitigate any disease, illness, medical condition, or disorder
Provide medical, veterinary, psychological, or therapeutic advice
Replace consultation, diagnosis, or treatment from a licensed physician, veterinarian, or other qualified healthcare professional
Guarantee any specific outcome, result, improvement, or benefit
Establish a doctor-patient, clinician-patient, or provider-patient relationship

All wellness insights, patterns, and observations provided by AFIL are informational only and are not medical opinions or clinical findings.

You acknowledge and agree that:

AFIL results are not medical tests and are not substitutes for laboratory testing, clinical evaluations, or professional diagnosis
Individual responses, interpretations, and outcomes may vary significantly based on personal biology, lifestyle, environment, compliance, and other factors beyond AFIL’s control
Any decisions you make based on AFIL information are made at your own discretion and risk
You are solely responsible for consulting a qualified healthcare professional before making any dietary, supplement, lifestyle, or wellness-related changes

AFIL does not make any claims regarding the accuracy, completeness, or applicability of results to any specific individual or condition. No guarantees are made regarding symptom changes, improvements, or health outcomes.

If you are experiencing a medical emergency, acute symptoms, or concerns regarding your health or the health of a dependent (including minors or animals), you should seek immediate care from a licensed medical or veterinary professional. Do not delay or discontinue medical treatment based on information provided by AFIL.

By using AFIL’s services, you expressly acknowledge that you understand and accept the limitations of wellness-only information and agree to release AFIL from any liability arising from reliance on such information.

4. User Representations

By accessing or using the Site, you represent and warrant that:

All information you provide is true, accurate, current, and complete, and you will promptly update it if anything changes
You have the legal capacity to enter into these Terms and agree to comply with them
You are at least 13 years of age
If you are a minor in your jurisdiction, you have obtained permission from a parent or legal guardian
You will not access the Site through automated, non-human, or unauthorized means (including bots, scripts, or scraping tools)
You will not use the Site for any unlawful, misleading, or unauthorized purpose
Your use of the Site will comply with all applicable laws and regulations

If any information you provide is false, inaccurate, outdated, or incomplete, we reserve the right without notice to suspend or terminate your account and deny current or future access to the Site or any related services.

5. Minors & Guardian Responsibility

If a test kit or product is purchased for, registered to, or submitted on behalf of a minor, a parent or legal guardian who is at least eighteen (18) years of age must complete the registration and manage the associated account. The registering adult assumes full responsibility for the accuracy of all information provided, compliance with these Terms of Use, and any use of the Site, products, or services on the minor’s behalf.

6. Account Registration & Security

Certain features of the Site may require you to create an account. You agree to provide accurate, current, and complete information during registration and to keep your login credentials confidential at all times. You are solely responsible for all activity that occurs under your account, whether authorized by you or not.

You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to safeguard your account credentials.

We reserve the right, in our sole discretion, to remove, reclaim, suspend, or modify any username or account at any time if we determine it to be misleading, inappropriate, obscene, impersonating, or otherwise objectionable, or if the account is used in violation of these Terms.

7. Products & Services Description

Advanced Food Intolerance Labs (“AFIL”) offers wellness-related products and services, which may include, but are not limited to, at-home wellness test kits, supplements, digital reports, educational materials, and related digital content (collectively, the “Products” and “Services”).

All Products and Services are provided for general wellness and informational purposes only. Descriptions, examples, images, and explanations provided on the Site are intended to illustrate the nature of the Products and Services, but they do not guarantee specific results, experiences, medical claims, or outcomes.

Product availability, features, components, packaging, report formats, digital content, pricing, and service offerings may change at any time without notice. We reserve the right to modify, update, replace, suspend, or discontinue any Product or Service, in whole or in part, at our sole discretion. Such changes do not create an obligation to provide prior versions, identical content, or identical results to past or future customers.

Due to the personalized and wellness-based nature of our Services, individual experiences, interpretations, and outcomes may vary. AFIL does not guarantee continuity, uniformity, or comparability of results between different customers, test cycles, or time periods.

By purchasing or using our Products or Services, you acknowledge and agree that you are purchasing access to a wellness service and informational content, not a guaranteed outcome, diagnosis, or treatment, and that changes to Products or Services do not constitute a defect, misrepresentation, or breach.

8. Registration, Sample Submission & Expiration

To access AFIL’s Services, customers must properly register their test kit using the required registration process provided with the kit. Samples submitted without proper registration, incomplete information, or mismatched kit codes may not be processed.

All samples must be submitted within six (6) months of the original purchase date, unless otherwise expressly stated in writing by AFIL. Test kits and samples submitted after this period are considereds expired and will not be processed under any circumstances.

AFIL reserves the right, in its sole discretion, to reject, discard, or decline to process any sample that is expired, improperly collected, improperly stored, damaged, contaminated, compromised, tampered with, or submitted in violation of provided instructions. Samples that arrive without tracking, in poor condition, or outside reasonable mailing timelines may also be deemed invalid.

AFIL is under no obligation to replace expired kits, process expired samples, or issue refunds for kits that are not registered, not submitted, or submitted after the expiration window. Delays caused by the customer, postal services, third-party carriers, customs, or other external factors do not extend the expiration period.

Once a sample has been submitted, it becomes the property of AFIL and will not be returned. Samples may be disposed of at AFIL’s discretion after processing or if deemed unprocessable.

By purchasing or using a test kit, you acknowledge and agree that timely registration and submission are your responsibility and that failure to comply with these requirements may result in forfeiture of services without refund or replacement.

9. Payments, Pricing & Taxes

All prices displayed on the Site are listed in U.S. Dollars unless otherwise stated and are subject to change at any time without notice. AFIL reserves the right to modify pricing, discontinue products, or correct pricing errors, inaccuracies, or omissions at any time, including after an order has been submitted.

By submitting an order through this site or a third-party site(s) that is operated by AFIL, you authorize AFIL (or its third-party payment processors) to charge the full amount of your purchase to the payment method provided, including applicable taxes, shipping fees, processing fees, and any other charges disclosed at checkout. You represent and warrant that you are authorized to use the selected payment method.

AFIL is not responsible for pricing errors caused by technical issues, third-party platforms, typographical mistakes, currency conversion discrepancies, or display variations across devices. In the event of a confirmed pricing error, AFIL reserves the right to cancel the affected order and issue a refund for the amount actually paid.

All applicable federal, state, local, or international taxes, duties, customs fees, or similar governmental charges are the sole responsibility of the customer, unless expressly stated otherwise. AFIL does not control or absorb tax obligations imposed by third parties or jurisdictions.

Payments are processed at the time of purchase. Orders will not be processed, shipped, or fulfilled until payment has been successfully authorized and received. Failed, reversed, disputed, or charged-back payments may result in order cancellation, account suspension, loss of access to results, or forfeiture of services.

To the fullest extent permitted by law, AFIL’s total liability for any claim, dispute, or cause of action arising out of or related to a purchase, product, or service shall be strictly limited to the total amount actually paid by you to AFIL for the specific product or service giving rise to the claim. Under no circumstances shall AFIL be liable for indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of time, loss of income, loss of data, emotional distress, or perceived outcomes.

10. Refunds, Cancellations & Money-Back Guarantee

Refund Policy Governs Process

All refunds, cancellations, credits, and returns are administered in accordance with AFIL’s published Refund Policy, which is hereby incorporated into these Terms of Use by reference. The Refund Policy governs procedural matters only, including timelines, required steps, submission methods, verification requirements, and refund issuance mechanics.

No refund, cancellation, or credit will be issued unless the applicable process outlined in the Refund Policy has been followed.

Money-Back Guarantee

Certain AFIL products are offered with a Money-Back Guarantee (“MBG”), as clearly disclosed on AFIL’s dedicated Money-Back Guarantee page at the time of purchase.

Where offered, the Money-Back Guarantee represents a substantive commitment by AFIL that an eligible customer may receive a refund after results have been delivered, provided the customer complies with the eligibility criteria and submission requirements described on the Money-Back Guarantee page.

The Money-Back Guarantee:

Is governed by the eligibility criteria stated on the Money-Back Guarantee page
Applies only to products expressly designated as MBG-eligible
Requires submission through AFIL’s official Money-Back Guarantee application process
Applies only after results have been delivered (where applicable)

The Money-Back Guarantee is not discretionary once eligibility requirements are met.

Grounds for Denial

AFIL may deny a refund or Money-Back Guarantee request only if one or more of the following apply:

Fraudulent activity, including false information, artificial or manipulated samples, or misuse of the Services
Failure to meet the stated eligibility requirements for the Money-Back Guarantee
Failure to follow the required submission process or timelines
Policy abuse, chargeback circumvention, or bad-faith conduct
Violations of these Terms of Use or the Refund Policy

Outside of the circumstances listed above, eligible Money-Back Guarantee requests will be honored in accordance with the published guarantee.

Initiation Required

Money-Back Guarantee requests are not automatic and must be initiated directly by the customer through AFIL’s official Money-Back Guarantee application form, as referenced on the Money-Back Guarantee page found on this Site.

Requests submitted through chargebacks, payment processors, marketplaces, social media, or informal communication channels do not constitute valid MBG requests and may result in loss of eligibility.

Third-Party Marketplace Purchases

If an AFIL product was purchased through an AFIL-operated storefront on a third-party marketplace (including Amazon or similar platforms), customers may still initiate any Money-Back Guarantee request directly with AFIL by submitting the official MBG application.

Marketplace refund rules may apply separately and cannot be overridden by AFIL; however, submission through AFIL’s MBG process is required for guarantee consideration.

Purchases made through independent resellers not operated by AFIL are governed solely by the reseller’s policies.

Nothing in these Terms of Use limits, waives, or restricts any rights you may have under the applicable third-party marketplace’s terms, policies, or dispute resolution procedures. Where a marketplace requires initiation through its own platform, those requirements will apply in parallel with AFIL’s processes.

No Refunds Outside Policy

Except where required by applicable law, refunds, credits, or replacements will not be issued outside the Refund Policy or the Money-Back Guarantee process.

By completing a purchase, you acknowledge and agree that this section constitutes the exclusive and complete framework governing refunds and Money-Back Guarantee requests.

11. No Medical Relationship & Assumption of Risk

AFIL does not provide medical, clinical, diagnostic, therapeutic, or veterinary services of any kind. Use of the Site, purchase of any AFIL product, submission of a sample, receipt of results, or communication with AFIL does not create a physician-patient, provider-patient, clinician-patient, veterinarian-client, or other healthcare relationship.

No Medical Advice or Diagnosis

All information, reports, results, content, communications, and materials provided by AFIL are offered for general wellness, educational, and informational purposes only. AFIL does not:

diagnose, treat, cure, prevent, or mitigate any disease or medical condition
provide medical, nutritional, psychiatric, or veterinary advice
prescribe medications, therapies, or treatment plans
interpret results for clinical decision-making

Nothing provided by AFIL should be relied upon as a substitute for professional medical judgment, diagnosis, or care.

User Responsibility & Assumption of Risk

You acknowledge and agree that:

Any decisions you make based on AFIL results, insights, or materials are made solely at your own discretion and risk
Individual responses, interpretations, and outcomes vary significantly
AFIL does not guarantee accuracy, completeness, suitability, or outcomes of any results or recommendations
You assume full responsibility for how you use, interpret, or act upon any information provided

To the fullest extent permitted by law, you expressly assume all risks associated with the use of AFIL products and services.

Consultation with Licensed Professionals

You are solely responsible for consulting with a licensed physician, healthcare provider, or other qualified professional before making any medical, dietary, supplement, medication, lifestyle, or treatment changes.

AFIL strongly encourages consultation with licensed professionals for:

any existing medical conditions
pregnancy or breastfeeding
prescription medication use
pediatric, geriatric, or veterinary concerns
serious, persistent, or worsening symptoms

Not for Emergency or Urgent Use

AFIL services are not intended for emergency, urgent, or time-sensitive medical use. If you believe you are experiencing a medical emergency, you must contact emergency services or seek immediate medical care. Do not delay or avoid professional care based on information provided by AFIL.

No Liability for Medical Decisions

AFIL is not responsible or liable for any injury, loss, adverse outcome, or damages arising from:

reliance on AFIL results or materials
failure to seek professional medical advice
actions or omissions taken based on AFIL information
misuse, misunderstanding, or misinterpretation of results

By using the Site or Services, you acknowledge that AFIL’s role is limited to providing non-medical wellness information, and you agree to hold AFIL harmless from any claims arising from health-related decisions.

12. Intellectual Property Rights

All content, materials, and functionality made available through the Site and Services—including but not limited to text, reports, charts, graphics, layouts, workflows, software, algorithms, methodologies, interpretations, scoring systems, report language, educational materials, branding, logos, trademarks, service marks, trade names, designs, icons, videos, audio files, documentation, and any related intellectual property (collectively, the “Content”)—are the exclusive property of Max Ascension LLC, doing business as Advanced Food Intolerance Labs (“AFIL”), or its licensors.

The Content is protected by United States and international copyright, trademark, trade dress, trade secret, and other intellectual property laws. Nothing contained on the Site or within the Services grants you any ownership interest in the Content.

Limited License for Personal Use Only

Subject to your compliance with these Terms of Use, AFIL grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site and Content solely for your personal, non-commercial use. This license does not permit:

Copying, reproducing, or redistributing Content in any form
Scraping, harvesting, indexing, or data-mining the Site or Services
Reselling, licensing, sublicensing, or commercializing any Content
Reverse engineering, decompiling, or attempting to derive source materials
Using Content to create competing products, services, reports, or methodologies
Republishing or displaying Content on third-party platforms without written consent

Any use of the Content outside the scope of this limited license is strictly prohibited.

No Competitive or Derivative Use

You may not use, adapt, modify, or reference the Content—whether in whole or in part—to develop, promote, support, or enhance any product, service, or business that competes with AFIL, directly or indirectly. This includes the use of AFIL’s report formats, terminology, scoring systems, layouts, or interpretive frameworks for comparative, commercial, or derivative purposes.

Automated Access & Scraping Prohibited

The use of automated systems, bots, scrapers, spiders, AI models, data extraction tools, or similar technologies to access, copy, analyze, or repurpose any portion of the Site or Services is expressly prohibited without AFIL’s prior written authorization.

Enforcement & Remedies

AFIL reserves the right to enforce its intellectual property rights to the fullest extent permitted by law. Unauthorized use of the Content may result in immediate termination of access, legal action, injunctive relief, monetary damages, and recovery of attorneys’ fees and costs.

All rights not expressly granted herein are reserved by AFIL.

13. Prohibited Activities

You agree not to misuse the Site, Products, or Services. Any misuse may result in immediate suspension or termination of your access (without refund where permitted by law), and may also result in legal action.

Without limiting anything else in these Terms, you agree that you will not:

Fraud, Misuse, and Bad-Faith Conduct

Submit any false, artificial, synthetic, contaminated, tampered, or otherwise fraudulent sample, or submit a sample that you are not authorized to provide.
Attempt to manipulate results, processing, refund outcomes, replacement eligibility, discounts, promotions, or any AFIL process.
Use the Site or Services to commit fraud, misrepresent your identity, impersonate another person, or submit false information during kit registration or customer support communications.
Abuse the Money-Back Guarantee, replacement policies, chargeback processes, or customer support systems (including excessive requests, threats, coercion, or repeated bad-faith refund behavior).

Scraping, Automated Access, and Competitive Use

Use any automated method (bots, scripts, scrapers, spiders, crawlers, AI data collection tools, or similar technology) to access, copy, extract, scrape, index, or harvest any part of the Site, Services, or Content.
Circumvent or attempt to circumvent security features, access controls, rate limits, paywalls, authentication measures, or technical protections.
Reverse engineer, decompile, disassemble, translate, or otherwise attempt to derive source code, workflows, report logic, scoring systems, methodologies, or proprietary processes.
Use the Site, Content, reports, formats, or outputs to create, support, benchmark, or enhance any competing product, service, or business.

Harassment, Threats, and Interference

Harass, threaten, defame, intimidate, stalk, abuse, or otherwise harm AFIL, its directors, employees, contractors, affiliates, partners, customers, or representatives on the Site or on any third-party platforms.
Disrupt, overload, interfere with, or attempt to interrupt the normal functioning of the Site or Services, including by transmitting malware, excessive requests, spam, or abusive traffic.
Attempt to gain unauthorized access to any systems, accounts, databases, portals, or networks connected to AFIL.

Platform and Marketplace Abuse

Violate the terms, policies, or dispute procedures of any marketplace, processor, carrier, or platform used in connection with AFIL (including Amazon, TikTok, Groupon, payment processors, or shipping carriers) in a way that harms AFIL or circumvents AFIL’s processes.
Initiate a chargeback, payment dispute, or reversal as a substitute for contacting AFIL and following the required processes (including the Money-Back Guarantee process), except where prohibited by law or where platform rules require otherwise.

Unauthorized Resale and Transfers

Resell, transfer, assign, or redistribute test kits, kit codes, reports, or access credentials unless you are a registered and verified wholesaler expressly authorized in writing by AFIL.

Consequences

AFIL may take any action it deems appropriate in its sole discretion if you engage in prohibited conduct, including: refusing service, cancelling orders, rejecting samples, withholding results, limiting account access, denying replacement eligibility, denying future purchases, reporting misconduct to marketplaces/processors, and pursuing civil or injunctive relief. Any unauthorized use of the Site or Services may constitute a material breach of these Terms.

14. User-Generated Content & Reviews

The Site may allow you to submit, post, upload, publish, or otherwise make available content, including but not limited to reviews, testimonials, comments, feedback, messages, images, videos, or other materials (“User-Generated Content”).

Ownership of User-Generated Content

You retain ownership of any User-Generated Content that you submit. However, by submitting User-Generated Content to AFIL, you represent and warrant that you own the content or have all necessary rights, permissions, and authority to submit it and to grant the rights described below.

License to AFIL

By submitting User-Generated Content and where you expressed consent, you grant AFIL a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, and sublicensable license to use, host, store, reproduce, display, publish, modify, adapt, excerpt, translate, distribute, and otherwise use such content for lawful business purposes, including marketing, advertising, education, platform display, and regulatory compliance, in any media now known or later developed.

This license applies whether the content is submitted through the Site, email, chat, social media, third-party platforms, or any other communication channel.

Review & Testimonial Standards

All reviews, testimonials, and feedback must reflect your honest, personal experience and must not be false, misleading, exaggerated, fabricated, or deceptive. You agree that you will not:

Make medical, diagnostic, therapeutic, or clinical claims
Attribute outcomes, cures, or health results to AFIL products or services
Post content that could be interpreted as professional medical advice
Submit reviews on behalf of others or in exchange for undisclosed compensation
Post content that violates FTC guidelines, platform rules, or applicable law

AFIL does not verify the accuracy of User-Generated Content and does not endorse or guarantee any statements made by users. Individual experiences vary.

Content Moderation & Removal Rights

AFIL reserves the absolute right, but not the obligation, to monitor, review, edit, restrict, or remove any User-Generated Content at any time, for any reason, and without notice. This includes content that AFIL determines, in its sole discretion, to be:

False, misleading, or deceptive
Defamatory, abusive, harassing, or threatening
In violation of these Terms or applicable law
Inconsistent with wellness-only positioning or regulatory guidance
Harmful to AFIL, its users, partners, or reputation

AFIL has no obligation to host, publish, or retain any User-Generated Content and is not liable for removing or failing to remove such content.

No Liability for User Content

You acknowledge and agree that User-Generated Content reflects the views of the individual user and not of AFIL. AFIL is not responsible or liable for any User-Generated Content, including any claims, statements, opinions, or representations expressed therein.

You agree to indemnify and hold AFIL harmless from any claims, damages, liabilities, or expenses arising out of or related to User-Generated Content.

15. Affiliates, Influencers & Referrals

AFIL may offer affiliate, referral, ambassador, or influencer programs that allow third parties (“Affiliates”) to promote AFIL products or services in exchange for commissions, incentives, or other compensation.

Independent Contractor Relationship

All Affiliates act solely as independent contractors. Nothing in these Terms, any affiliate agreement, or any promotional activity creates or implies any partnership, joint venture, employment, agency, fiduciary, or representative relationship between AFIL and an Affiliate.

Affiliates have no authority to:

Bind AFIL to any agreement or obligation
Make guarantees, warranties, or representations on AFIL’s behalf
Offer refunds, discounts, or incentives outside approved programs
Provide medical, clinical, diagnostic, or professional advice
Modify AFIL policies, pricing, or terms

No Responsibility for Affiliate Statements

AFIL is not responsible or liable for any statements, claims, representations, content, or conduct of Affiliates, including statements made through:

Social media posts
Videos, livestreams, or podcasts
Emails, text messages, or direct messages
Websites, landing pages, or advertisements
In-person conversations or events

Affiliates are solely responsible for ensuring that all promotional statements comply with:

These Terms of Use
AFIL brand and compliance guidelines
FTC endorsement and disclosure requirements
Platform-specific advertising rules
All applicable laws and regulations

Prohibited Affiliate Conduct

Affiliates may not:

Make medical, diagnostic, therapeutic, or outcome-based claims
Imply guaranteed results or cures
Misrepresent AFIL products, services, or refund policies
Conceal or fail to clearly disclose affiliate relationships
Use misleading, deceptive, or exaggerated marketing practices
Engage in spam, automated messaging, or prohibited platform behavior
Target restricted audiences or use unauthorized ad channels

Enforcement & Termination

AFIL reserves the right, in its sole discretion, to:

Monitor affiliate activity
Require correction or removal of non-compliant content
Withhold or revoke commissions
Suspend or terminate affiliate participation immediately and without notice
Pursue legal or equitable remedies where appropriate

Affiliate violations may result in permanent termination from all AFIL programs and forfeiture of unpaid commissions.

No Endorsement or Reliance

Any statements made by Affiliates reflect the views of the individual Affiliate and do not represent AFIL’s official position. Customers should not rely on Affiliate content as professional advice or as a substitute for reviewing AFIL’s official materials, Terms of Use, and policies.

16. Third-Party Services & Marketplaces

AFIL may make its products and services available through, or rely on, third-party platforms, services, or providers that are not owned, operated, or controlled by AFIL. These may include, but are not limited to, online marketplaces, payment processors, shipping carriers, hosting providers, analytics tools, and communication platforms (collectively, “Third-Party Services”).

Marketplaces & Sales Platforms

AFIL products may be sold through third-party marketplaces such as Amazon, TikTok, Groupon, or similar platforms. Purchases made through these marketplaces are subject to the applicable platform’s terms, policies, fees, and dispute procedures.

AFIL does not control and is not responsible for:

Platform outages, technical errors, or listing inaccuracies
Order processing delays or platform-imposed restrictions
Marketplace-specific refund, return, or dispute rules
Account actions taken by a marketplace, including suspensions or limitations

While AFIL may provide assistance where permitted, AFIL cannot override or bypass marketplace policies, decisions, or enforcement actions.

Payment Processors

Payments may be processed through third-party payment providers (such as Sika Health, Stripe, PayPal, Amazon Pay, TikTok Pay, Apple Pay or other processors). AFIL does not control and is not responsible for:

Payment authorization failures
Processor errors or system outages
Holds, reversals, or transaction delays
Fees imposed by payment providers
Processor-initiated disputes or investigations

Your use of a third-party payment service is governed by that provider’s own terms and privacy practices.

Shipping & Delivery Services

AFIL relies on third-party carriers and logistics providers (including but not limited to USPS, UPS, FedEx, international carriers, or fulfillment partners) for shipping and delivery.

AFIL is not responsible for:

Carrier delays, misdeliveries, or lost packages
Tracking inaccuracies or scanning errors
Customs delays, inspections, or import restrictions
Damage occurring after a shipment leaves AFIL’s control

Estimated delivery times are not guaranteed and may be affected by factors outside AFIL’s control.

17. Privacy & Data Handling

AFIL respects your privacy and is committed to protecting personal information in accordance with applicable data protection and privacy laws. Our practices regarding the collection, use, storage, sharing, and protection of personal information are governed by our Privacy Policy, which is hereby expressly incorporated into these Terms of Use by reference.

By accessing or using the Site, purchasing Products or Services, submitting samples, registering an account, or otherwise interacting with AFIL, you acknowledge that you have reviewed and agree to the Privacy Policy and consent to the collection and processing of your information as described therein.

Data Collection & Use

AFIL collects and processes personal information, account information, transactional data, and other information necessary to provide its Products and Services, operate the Site, comply with legal obligations, and improve user experience, as detailed in the Privacy Policy. AFIL does not sell personal health information and processes data solely in accordance with its stated wellness-only services.

Data Retention

AFIL retains personal information only for as long as reasonably necessary to fulfill the purposes outlined in the Privacy Policy, comply with legal, regulatory, accounting, or operational requirements, resolve disputes, enforce agreements, or protect AFIL’s rights. Retention periods may vary depending on the nature of the data and applicable legal obligations.

Deletion & Access Requests

Requests to access, correct, delete, or restrict processing of personal information must be submitted in accordance with the procedures outlined in the Privacy Policy. Certain data may not be eligible for deletion where retention is required by law, necessary for legitimate business purposes, or required to enforce these Terms.

California Residents

If you are a California resident, you may have additional rights under the California Consumer Privacy Act as amended by the California Privacy Rights Act (“CPRA”), including the right to request access to, correction of, or deletion of certain personal information, and the right to limit the use of sensitive personal information, subject to applicable exceptions.

These rights and the methods for exercising them are described in our Privacy Policy. Nothing in these Terms limits or overrides any rights you may have under applicable California law.

International Users

AFIL is based in the United States. If you access the Site or Services from outside the United States, you acknowledge and agree that your information may be transferred to, stored, and processed in the United States or other jurisdictions where AFIL or its service providers operate. Data protection laws in these jurisdictions may differ from those in your country of residence.

No Liability for Third-Party Actions

AFIL is not responsible for the privacy or data handling practices of third-party platforms, payment processors, marketplaces, shipping carriers, analytics providers, or other service providers not under its direct control. Use of third-party services is subject to their own privacy policies and terms.

To the fullest extent permitted by law, AFIL disclaims all liability arising from unauthorized access, use, loss, or disclosure of personal information that occurs despite reasonable safeguards or results from circumstances beyond AFIL’s reasonable control.

Health Savings Accounts (HSA) & Flexible Spending Accounts (FSA), Powered by Sika Health

AFIL may offer the option to pay for certain products or services using Health Savings Account (HSA) or Flexible Spending Account (FSA) funds through a third-party administrator or eligibility verification service, including but not limited to Sika Health (the “HSA/FSA Administrator”).

AFIL does not determine, guarantee, or certify HSA or FSA eligibility. All determinations regarding eligibility, approval, denial, substantiation, documentation, reimbursement, or audit requirements are made solely by the HSA/FSA Administrator and/or your individual plan provider.

AFIL is not responsible for:

Denial or reversal of HSA/FSA transactions
Requests for additional documentation or substantiation
Plan-specific eligibility rules or restrictions
Post-purchase audits, clawbacks, or reimbursement disputes
Tax consequences arising from use of HSA or FSA funds

Use of HSA or FSA funds is at your own discretion and risk. You are solely responsible for confirming that a purchase qualifies under your specific plan and for maintaining any required documentation.

Payment acceptance through an HSA/FSA Administrator does not constitute a medical determination, diagnosis, recommendation, or certification by AFIL and does not change the wellness-only, non-medical nature of AFIL’s products and services.

No Endorsement or Liability

Reference to any Third-Party Service does not imply endorsement, affiliation, or sponsorship by AFIL. AFIL makes no representations or warranties regarding third-party services and disclaims all liability arising from your use of, or reliance on, any Third-Party Service.

To the fullest extent permitted by law, AFIL shall not be liable for any loss, damage, delay, cost, or dispute arising from or related to Third-Party Services, including platform actions, payment processing issues, or shipping carrier performance.

18. Chargebacks, Fraud & Abuse

AFIL maintains a zero-tolerance policy for fraud, abuse, and misuse of its Products, Services, payment systems, or policies.

Chargebacks & Payment Disputes

Initiating a chargeback, payment dispute, or reversal with a bank, card issuer, payment processor, or marketplace without first contacting AFIL to seek resolution constitutes a material breach of these Terms.

Upon initiation of a chargeback or payment dispute, AFIL reserves the right, in its sole discretion, to:

Immediately suspend or terminate the associated account
Suspend access to results, reports, and services
Cancel pending orders or services
Permanently restrict future purchases or account creation

Chargebacks do not qualify as valid refund or Money-Back Guarantee requests and do not preserve eligibility for refunds, credits, replacements, or services.

Fraudulent Activity

Any attempt to submit fraudulent, artificial, synthetic, altered, or non-compliant samples; provide false information; misuse discount codes; abuse refund or replacement policies; or otherwise engage in deceptive or unlawful conduct voids all services, guarantees, and refund eligibility.

AFIL reserves the right to investigate suspected fraud and may report such activity to payment processors, marketplaces, fraud-monitoring services, or relevant authorities.

Abuse of Policies

Repeated refund requests, excessive Money-Back Guarantee claims, manipulation of platform policies, or attempts to bypass established procedures constitute abuse. Abuse may result in:

Permanent denial of future refunds or guarantees
Account suspension or termination
Forfeiture of services without refund

No Refunds After Abuse

To the fullest extent permitted by law, AFIL will not issue refunds, credits, replacements, or continued services to users engaged in chargeback abuse, fraud, or policy violations.

19. Termination & Suspension

AFIL reserves the right, in its sole and absolute discretion, to suspend, restrict, or terminate your access to the Site, Services, Products, accounts, results, reports, or any portion thereof, at any time, with or without notice, for any reason or no reason, including but not limited to:

Violation of these Terms of Use
Fraud, abuse, or attempted circumvention of policies
Chargebacks or payment disputes
Misuse of Products, Services, or results
Submission of fraudulent, altered, or non-compliant samples
Harassment, threats, or abusive conduct toward staff or affiliates
Conduct that AFIL determines may cause legal, operational, reputational, or financial risk

Effect of Termination

Upon suspension or termination:

All licenses and permissions granted to you immediately terminate
Access to accounts, results, reports, and Services may be revoked without refund
Pending orders or services may be cancelled at AFIL’s discretion
You may not create a new account or access the Services under a different name, email, or identity

AFIL is under no obligation to provide results, refunds, replacements, or continued services following termination, except where required by applicable law.

No Re-Registration

Any attempt to re-register, create a substitute account, or access the Services after termination—whether directly or indirectly—constitutes a further violation of these Terms and may result in additional enforcement actions.

Survival of Terms

The following provisions shall survive termination or suspension of your account or access to the Services:

Intellectual Property Rights
Prohibited Activities
Refunds, Chargebacks, Fraud & Abuse
No Medical Relationship & Assumption of Risk
Disclaimers & Limitation of Liability
Indemnification
Governing Law & Venue
Arbitration & Class Action Waiver

No Waiver

Failure by AFIL to enforce any provision of these Terms shall not constitute a waiver of our right to enforce such provision at any later time.

20. Disclaimers & Limitation of Liability

Disclaimer of Warranties

THE SITE, PRODUCTS, SERVICES, CONTENT, RESULTS, REPORTS, AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TO THE FULLEST EXTENT PERMITTED BY LAW, AFIL DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY, COMPLETENESS, OR RELIABILITY OF INFORMATION
UNINTERRUPTED OR ERROR-FREE OPERATION
RESULTS, OUTCOMES, OR USER SATISFACTION

AFIL MAKES NO REPRESENTATIONS OR WARRANTIES THAT:

THE SERVICES WILL MEET YOUR EXPECTATIONS
RESULTS WILL BE UNIFORM, REPEATABLE, OR COMPARABLE
ANY INFORMATION WILL BE SUITABLE FOR DECISION-MAKING
ERRORS OR DEFECTS WILL BE CORRECTED

ANY RELIANCE ON THE SITE, SERVICES, OR CONTENT IS SOLELY AT YOUR OWN RISK.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AFIL, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES
LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL
PERSONAL INJURY, EMOTIONAL DISTRESS, OR PERCEIVED HARM
COST OF SUBSTITUTE GOODS OR SERVICES
CLAIMS BASED ON RELIANCE, MISINTERPRETATION, OR USE OF RESULTS

THIS APPLIES REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF AFIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Liability Cap

TO THE FULLEST EXTENT PERMITTED BY LAW, AFIL’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM, DISPUTE, OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, PRODUCTS, SERVICES, OR THESE TERMS SHALL BE STRICTLY LIMITED TO THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO AFIL FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

UNDER NO CIRCUMSTANCES SHALL AFIL’S LIABILITY EXCEED THIS AMOUNT.

Allocation of Risk

YOU ACKNOWLEDGE AND AGREE THAT THE PRICING OF AFIL’S PRODUCTS AND SERVICES REFLECTS THIS ALLOCATION OF RISK AND THAT AFIL WOULD NOT PROVIDE THE SERVICES WITHOUT THESE LIMITATIONS.

Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES. WHERE SUCH LAWS APPLY, SOME OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND AFIL’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

21. Indemnification

You agree to defend, indemnify, and hold harmless Max Ascension LLC, doing business as Advanced Food Intolerance Labs (“AFIL”), and its owners, officers, directors, employees, contractors, affiliates, licensors, service providers, and agents from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees and court costs, arising out of or related to:

Your access to or use of the Site, Products, or Services
Your purchase, registration, submission, or use of any test kit or results
Your reliance on, interpretation of, or actions taken based on any information provided by AFIL
Your violation of these Terms of Use, the Refund Policy, or any applicable law or regulation
Any misuse, abuse, or fraudulent activity involving your account, payment method, sample submission, or refund request
Any content, statements, reviews, or communications you submit, post, or transmit through the Site or third-party platforms
Any claim that your use of the Services caused harm to yourself or others
Any allegation arising from your failure to seek professional medical, legal, or financial advice

This indemnification obligation applies regardless of fault, including claims arising from third-party disputes, governmental inquiries, regulatory actions, or platform enforcement actions triggered by your conduct.

Defense Control

AFIL reserves the right, at its sole discretion, to assume the exclusive defense and control of any matter subject to indemnification, without limiting your obligation to indemnify AFIL. You agree to cooperate fully, at your own expense, with AFIL’s defense of such claims.

Survival

Your indemnification obligations survive termination of your account, completion of any transaction, and cessation of use of the Site or Services.

22. Governing Law & Venue

These Terms of Use, your access to and use of the Site, and any Products or Services provided by AFIL are governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflict of law principles.

To the fullest extent permitted by law, any dispute, claim, or cause of action arising out of or relating to these Terms, the Site, or the Products or Services that is not subject to mandatory arbitration shall be brought exclusively in the state or federal courts located within the State of Kansas.

You irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection based on lack of personal jurisdiction, improper venue, or forum non conveniens.

This provision applies regardless of your location, residence, or where the Products or Services were accessed or purchased.

23. Arbitration & Class Action Waiver

Informal Dispute Resolution (Required First Step)

Before initiating arbitration, the Parties agree to first attempt to resolve any Dispute informally for a period of thirty (30) days. Informal resolution begins when one Party provides written notice of the Dispute to the other Party. Notice must include a brief description of the issue and the relief sought and must be sent to AFIL at the address listed in the Contact Information section below as found in these Terms.No arbitration may be initiated unless this informal resolution period has been completed, except for claims seeking injunctive or equitable relief or claims involving intellectual property enforcement.

Mandatory Arbitration

To the fullest extent permitted by law, any dispute, claim, or controversy arising out of or relating to these Terms of Use, your access to or use of the Site, or any Products or Services provided by AFIL (each, a “Dispute”) shall be resolved exclusively through final and binding arbitration, rather than in court, except as expressly stated below.

Arbitration shall be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules or, where applicable, its Consumer Arbitration Rules, as in effect at the time the arbitration is initiated. The arbitration shall take place in Kansas, unless the Parties mutually agree otherwise, and may be conducted in person, by written submissions, by telephone, or by video conference.

The arbitrator shall have exclusive authority to resolve any Dispute, including but not limited to disputes relating to the interpretation, enforceability, scope, or applicability of this arbitration agreement. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

Waiver of Court & Jury Trial

YOU UNDERSTAND AND AGREE THAT BY ACCEPTING THESE TERMS, YOU ARE WAIVING YOUR RIGHT TO SUE IN COURT AND TO HAVE A JURY TRIAL. Arbitration replaces the right to go to court, except for the limited circumstances expressly stated below.

Class Action Waiver

ALL DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY.

You and AFIL agree that:

There is no right or authority for any Dispute to be brought, heard, or arbitrated as a class action, collective action, representative action, or private attorney general action.
No arbitration may be joined or consolidated with any other proceeding involving another individual.
The arbitrator may not award relief to or for anyone who is not a named party to the arbitration.

If this class action waiver is found to be unenforceable with respect to a particular Dispute, then that Dispute shall be resolved exclusively in the state or federal courts located in Kansas, and only on an individual basis.

Exceptions to Arbitration

The following Disputes are not subject to mandatory arbitration:

Claims seeking to enforce or protect AFIL’s intellectual property rights
Claims involving fraud, misuse, or abuse of the Site or Services
Claims seeking injunctive or equitable relief
Claims that, by law, cannot be arbitrated

These claims shall be brought exclusively in the state or federal courts located in Kansas, subject to the Governing Law & Venue section of these Terms.

Time Limitation on Claims

Any Dispute must be initiated within one (1) year from the date the cause of action arose, or it shall be permanently barred, to the fullest extent permitted by law.

Survival

This Arbitration & Class Action Waiver section survives termination of your account, your use of the Site, and any completed transaction with AFIL.

24. Severability & Entire Agreement

Severability

If any provision of these Terms of Use is determined by a court of competent jurisdiction or an arbitrator to be unlawful, void, or unenforceable, that provision shall be deemed severed from these Terms and shall not affect the validity or enforceability of any remaining provisions.

The remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

Entire Agreement

These Terms of Use, together with any policies or documents expressly incorporated by reference (including, but not limited to, the Privacy Policy, Refund Policy, and any product-specific terms), constitute the entire agreement between you and AFIL regarding your access to and use of the Site, Products, and Services.

They supersede all prior or contemporaneous agreements, communications, representations, or understandings, whether written or oral, relating to the subject matter hereof.

No waiver, modification, or amendment of these Terms shall be effective unless made in writing and expressly authorized by AFIL.

California Users and Residents

California residents are entitled to the following specific consumer rights notice under California Civil Code Section 1789.3.

If you have a complaint regarding the Services that is not satisfactorily resolved by AFIL, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at:

Department of Consumer Affairs
Complaint Assistance Unit
1625 North Market Blvd., Suite N-112
Sacramento, CA 95834

Or by telephone at (800) 952-5210 or (916) 445-1254.

25. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Use, the Site, or any AFIL Products or Services, you may contact us using the information below:

Advanced Food Intolerance Labs
A trading name of Max Ascension LLC

Mailing Address for formal complaints, disputes or concerns:
Attn: Legal & Compliance Department
6316 College Blvd
Overland Park, KS 66211
United States

Email for general questions related to these terms:
orders@advancedfoodintolerancelabs.com
clientsupport@myAFIL.com

Phone for general questions related to these terms:
+1 (913) 444-9407

Official Legal Notice

Formal legal notice under these Terms (including notice of arbitration, lawsuits, or legal claims) must be delivered in writing by mail to the address listed above, Attn: Legal & Compliance Department.

Routine support requests, Money-Back Guarantee requests, and general inquiries may be submitted by email; however, email does not constitute formal legal notice unless AFIL confirms receipt in writing.