Terms of service

Terms of Service

Diagnostic123

Contents

Overview

Welcome to Diagnostic123! The terms “we”, “our” and “us” refer to Diagnostic123. Diagnostic123 operates this store and website, including all associated information, content, features, tools, products and services, to offer you, as a customer, a personalized shopping experience (the “Services”). Diagnostic123 uses the Shopify platform, which enables us to provide the Services.

The following terms and conditions, together with the policies referenced in them (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you must not use or access our Services.

1. Access and account

By accepting these Terms, you represent that you have reached the legal age of majority in your state or province of residence, and you consent to allowing your minor children to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment and delivery information. You represent and warrant that all information you provide in our stores is accurate, current and complete, and that you have all necessary rights to provide it.

You are solely responsible for the security of your account credentials and all activity associated with your account. You are not permitted to transfer, sell, assign or license your account to another person.

2. Our products

We have made every effort to accurately present our products and services in our online stores. However, please note that product colors or appearance may differ from what appears on your screen because of the type of device you use to access the store, and its settings and configuration.

We do not guarantee that the appearance or quality of products or services you purchase will meet your expectations or be identical to what is presented or displayed in our online stores.

All product descriptions may be changed at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products we offer to a person, geographical region or jurisdiction on a case-by-case basis.

3. Orders

When you place an order, you make an offer to purchase. Diagnostic123 reserves the right to accept or decline your order for any reason at its discretion. Your order is considered accepted only after written confirmation from Diagnostic123. We must receive and process your payment before your order is validated. Please check your order carefully before submitting it, as Diagnostic123 may not be able to accept cancellation requests once the order is confirmed. If we decline, modify or cancel your order, we will attempt to contact you using the email address, billing address and/or telephone number provided when placing the order.

Your purchases are subject to the return or exchange conditions set out in our Refund Policy.

You represent and warrant that your purchases are intended for personal or household use, and not for commercial resale or export.

4. Prices and billing

Prices, discounts and promotions may change without notice. The price charged for a product or service will be the price in effect when the order is placed and will be shown in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, delivery charges, handling charges, customs duties or import charges.

Prices displayed in our online store may differ from prices offered on third-party platforms. We may occasionally offer promotions on our Services that affect prices and are governed by separate terms and conditions. If the terms of a promotion conflict with these Terms, the promotion terms will prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your information, including your email address, credit card numbers and their expiration dates, so that we can complete your transactions and contact you when necessary.

You represent and warrant that: (i) your credit card information is accurate, correct and complete; (ii) you are authorized to use that card for the purchase; (iii) the charges incurred will be honored by your card issuer; and (iv) you will pay the charges incurred at the displayed prices, including delivery and handling charges and all applicable taxes.

5. Shipping and delivery

Our products are delivered digitally, not shipped as physical parcels. See our Digital Delivery Policy for delivery information and access support.

6. Intellectual property

Our Services, including, without limitation, all registered trademarks, trademarks, text, displays, images, graphics, product reviews, videos and audio content, and their design, selection and arrangement, are the exclusive property of Diagnostic123, its affiliates or its licensors. They are protected by United States and foreign patent, copyright and intellectual property laws.

These Terms authorize you to use the Services only for personal and noncommercial purposes. You are not permitted to reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material on the Services without our prior written permission. Except as expressly provided in these Terms, nothing should be interpreted as granting you a license or any other right in any patent, trademark, copyright or other intellectual property belonging to Diagnostic123, Shopify or a third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Diagnostic123.

The names, logos, product and service names, designs and slogans of Diagnostic123 are registered trademarks of Diagnostic123, its affiliates or its licensors. You may not use them without prior written permission from Diagnostic123. Shopify’s name, logo, product and service names, designs and slogans are registered trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are registered trademarks of their respective owners.

7. Optional tools

You may use third-party customer tools as part of the Services that we do not monitor and over which we have no control or ability to contribute.

You acknowledge and agree that we provide access to these tools “as is” and “as available”, without warranties, representations or conditions of any kind and without endorsement by us. We disclaim all liability arising from or related to your use of optional third-party tools.

Your use of optional tools offered on the site is entirely at your own risk and discretion. You are responsible for ensuring that you understand and accept the applicable terms defined by the relevant third-party providers.

We may also offer new features through the Services in the future, including new tools and resources. These new features will be considered an integral part of the Services and will be subject to these Terms.

8. Third-party links

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including integrated third-party features. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you leave the Services to access those materials or websites, you do so at your own risk.

We disclaim all liability for harm or damage related to your access to third-party websites or your purchase or use of products, services, resources or content on those websites. Please carefully review third-party policies and practices and ensure that you understand them before making a transaction. Claims, complaints, concerns or questions about third-party products and services should be directed to the relevant third party.

9. Relationship with Shopify

Diagnostic123 is powered by Shopify, which enables us to provide the Services. However, any sale or purchase made in our Store is directly with Diagnostic123. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Diagnostic123, including any damage, harm or loss resulting from purchased products or services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchase and transaction with Diagnostic123.

10. Privacy policy

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information concerning your access to and use of the Services to provide and improve them. Information you submit through the Services will be transmitted to and shared with Shopify and third parties that may be located in countries different from your country of residence, to provide services to you. Please consult our Privacy Policy for further details about how we, Shopify and our partners use your personal information.

11. Feedback

If you submit, upload, publish, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, nonexclusive license to use, reproduce, modify, publish, distribute and display that Feedback for any purpose, including commercial purposes. For example, we may use our rights under this license to operate, provide, evaluate, improve and promote the Services and to fulfill our obligations and exercise our rights under the Terms.

You also represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms. We are not and will not be obligated to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.

We may, but are not obligated to, monitor, edit or remove Feedback that we determine, at our sole discretion, to be illegal, offensive, threatening, defamatory, libelous, pornographic, obscene or otherwise objectionable, or that infringes any party’s intellectual property rights or these Terms.

You agree that your Feedback will not infringe any third-party rights, including copyright, trademarks, data protection, personality rights or other personal or property rights. You further agree that your Feedback will not contain defamatory, unlawful, abusive or obscene statements, or any computer virus or malware that could affect the operation of the Services or any related website. You must not use a false email address, impersonate anyone or mislead us or third parties about the origin of Feedback. You are solely responsible for your Feedback and its accuracy. We disclaim responsibility and cannot be held liable for Feedback published by you or any third party.

12. Errors, inaccuracies and omissions

The Services may occasionally contain information with typographical errors, inaccuracies or omissions, including in product descriptions, prices, promotions, offers, delivery charges, transit times or product availability. We reserve the right to correct errors, inaccuracies or omissions, modify or update information, or cancel orders in the event of inaccurate information, at any time and without notice, including after you submit an order.

13. Prohibited uses

You may access and use the Services only for lawful purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly: (a) for unlawful or malicious purposes; (b) in violation of any international, federal, provincial, state or local regulation, rule or law; (c) in a way that infringes the intellectual property rights of Diagnostic123, Shopify or third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or injure our employees or anyone else; (e) to transmit false or misleading information; (f) to send, knowingly receive, download, use or reuse content that does not comply with these Terms; (g) to transmit or cause the transmission of advertising or promotional material, including spam, chain letters, junk mail or similar solicitations; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in conduct that restricts or interferes with others’ use or enjoyment of the Services, or that, in our judgment, could harm Diagnostic123, Shopify or users of the Services or expose them to liability.

You also agree not to: (a) upload or transmit viruses or other malicious code that could affect the functioning or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services; (c) collect or track other people’s personal information; (d) engage in spam, phishing, pharming or pretexting through the Services; (e) use robots, spiders, scraping tools, data collection or extraction tools, automated devices, AI tools including agentic AI, or any automated or manual means to access the Services; or (f) interfere with, circumvent or disable security or authorization features, robot exclusion headers or any other measures we implement to restrict access to the Services. We reserve the right to suspend, deactivate or terminate your account at any time without notice if we determine that you have violated any provision of these Terms.

14. Agents

14.1 This section (“Agent Terms”) applies if you use, authorize, enable or cause an Agent to be deployed to access, use or interact with the Services. An “Agent” means any software or service acting autonomously or semi-autonomously on behalf of, or at the instruction of, a person or entity, and that may run on a device owned or used by a person without direct supervision.

14.2 No Agent may access, use or interact with the Services unless it identifies itself at all times and operates in strict compliance with the conditions in section 14.4 below. Additionally, no Agent may access, use or interact with the Services if we have requested that the Agent refrain from accessing, using or interacting with any service.

14.3 We may limit, including through technical measures, whether and how an Agent accesses, uses and interacts with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request comes from an Agent and disclose its name by including “Agent/[agent name]” in the user-agent string; (ii) not conceal or mask that access, use or interactions come from an Agent, including by (a) mimicking human behavior or interaction patterns, or (b) bypassing or supplementing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) answer truthfully any question or prompt intended to determine whether interactions originate from a human or computer; and (iv) not circumvent or avoid any measure designed to block, limit, modify or control Agents’ access to, use of or interactions with the Services.

15. Termination

We reserve the right to terminate this agreement or your access to the Services or any part of them, at our sole discretion, at any time without notice. You remain liable for all amounts owed up to and including the termination date.

The following sections survive termination: Intellectual property, Feedback, Termination, Disclaimer of warranties, Limitation of liability, Indemnification, Severability, Waiver, Entire agreement, Assignment, Governing law, Privacy policy, and any other provision whose nature requires it to survive termination.

16. Disclaimer of warranties

Information presented on or through the Services is provided for informational purposes only. We do not guarantee its accuracy, completeness or usefulness. Any reliance on this information is strictly at your own risk. We disclaim all responsibility and warranties concerning consequences arising from its use by you, any other visitor to the Services or anyone informed of its content.

UNLESS EXPRESSLY STATED BY DIAGNOSTIC123, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NONINFRINGEMENT OF RIGHTS. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. CERTAIN JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

17. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DIAGNOSTIC123, OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS OR LICENSEES, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DAMAGE, LOSS, CLAIM OR DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL HARM OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, REVENUE, SAVINGS OR DATA, REPLACEMENT COSTS OR SIMILAR HARM, WHETHER BASED ON CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THEM, OR FOR ANY OTHER CLAIM CONNECTED IN ANY WAY WITH YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ERRORS OR OMISSIONS IN CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR ANY CONTENT OR PRODUCT PUBLISHED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THEIR POSSIBILITY.

18. Indemnification

You agree to indemnify, defend and hold harmless Diagnostic123, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including reasonable attorneys’ fees, owed to a third party and resulting from (1) your breach of these Terms or documents incorporated by reference; (2) your violation of a law or third-party rights; or (3) your access to and use of the Services.

We will notify you of any claim covered by this indemnification, provided that failure to give prompt notice does not release you from your obligations unless you suffer substantial prejudice. We may conduct the defense and settlement of a claim at your expense, including selecting legal counsel, but will not settle a claim involving nonmonetary obligations on your part without your consent, which you may not unreasonably withhold. You will cooperate in defending claims covered by this indemnification, including providing relevant documents.

19. Severability

If any provision of these Terms is found unlawful, void or unenforceable, it will remain enforceable to the maximum extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms. That determination will not affect the validity or enforceability of the remaining provisions.

20. Waiver and entire agreement

Failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with the policies or operating rules we publish on this site or relating to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreement, communication or proposal, oral or written, between you and us, including prior versions of these Terms.

Any ambiguity in interpreting these Terms will not be interpreted against the drafting party.

21. Assignment

You may not delegate, transfer or assign this agreement or any rights or obligations under these Terms without our prior written consent. Any attempted unauthorized assignment is null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice.

22. Governing law

These Terms and any separate agreement through which we provide the Services will be governed by and interpreted in accordance with the federal laws and the laws of the states or territories of the competent courts in the jurisdiction where Diagnostic123 has its registered office. You and Diagnostic123 expressly consent to the territorial and personal jurisdiction of those courts.

23. Headings

The headings used in this agreement are included for convenience and do not affect or limit the interpretation of these Terms.

24. Changes to the Terms of Service

You can review the most recent version of the Terms at any time on this page.

We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms by publishing updates and changes on our website. You are responsible for periodically checking our site for changes. We will notify you of material changes to these Terms in accordance with applicable law, and those changes will take effect on the date stated in the notice. Your continued use of or access to the Services after changes are published constitutes acceptance of those changes.

25. Contact information

For questions about these Terms, please contact gmpocket.com@gmail.com.