Terms and conditions

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Last updated June 2024

PRODUCT USE & DISCLAIMERS

FÜM is a flavored-air device designed to support habit change by providing a hand-to-mouth alternative. FÜM Cores are infused with food-grade flavor ingredients. Individual experiences may vary.

By using FÜM products, you acknowledge that you do so at your own discretion and risk. If you have sensitivities to any ingredients or experience adverse effects, discontinue use immediately and consult a qualified healthcare professional.

FÜM assumes no responsibility for any adverse reactions or outcomes resulting from product use. FÜM products should only be used as directed. FÜM is not liable for the misuse of FÜM products.

Statements made on this website or on social media have not been evaluated by the Food and Drug Administration (FDA) or Health Canada. These products are not intended to diagnose, treat, cure, or prevent any disease. FÜM products are not medical devices and should not be used as a substitute for professional medical advice, diagnosis, or treatment.

If you have a medical condition, are pregnant, nursing, or taking medications, consult a qualified healthcare professional before use. Do not discontinue any prescribed medications without medical guidance.

Consumers are encouraged to review product ingredients before use. If you experience symptoms such as nausea, dizziness, or irritation, discontinue use and seek medical advice if necessary.

Use only as directed and keep out of reach of children and pets.

By purchasing or using any FÜM product, you agree to these Terms of Service.

In addition to the following, you agree to our Messaging Terms and Messaging Privacy Policy.

CUSTOMER CARE

Please review product ingredients prior to use to ensure they are suitable for you. If you have questions or concerns about specific ingredients, contact us at [email protected].

FÜM does not provide medical advice and makes no health claims or guarantees. By purchasing and using our products, you agree that FÜM is not responsible for any health-related decisions or outcomes associated with use.

PRIVACY & SAFETY

SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, we collect the personal information you provide, such as your name, address, and email address.

When you browse our store, we automatically receive your computer’s internet protocol (IP) address to help us understand your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products, and updates.

SECTION 2 - CONSENT
A. Obtaining Consent

When you provide personal information to complete a transaction, verify payment, place an order, arrange delivery, or process a return, you consent to its use for that specific purpose.

If we request your information for secondary purposes, such as marketing, we will either ask for your explicit consent or provide an opportunity to opt out.

B. Withdrawal of Consent

You may withdraw your consent at any time by using the opt-out methods provided in our communications or by contacting [email protected].

SECTION 3 - DISCLOSURE

We may disclose your personal information if required by law or if you violate our Terms of Service.

SECTION 4 - THIRD-PARTY SERVICES & PAYMENTS

Third-party providers used by us will only collect, use, and disclose your information to the extent necessary to perform the services they provide.

Payment information is processed securely through Shopify and is encrypted in accordance with PCI-DSS standards. Your transaction data is stored only as long as necessary to complete your purchase.

Some providers may operate in jurisdictions outside your own, and your information may be subject to the laws of those jurisdictions.

If your order is flagged for suspected fraud, we may request additional information for verification.

SECTION 5 - SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to ensure it is not inappropriately lost, misused, accessed, disclosed, altered, or destroyed.

If you provide us with your credit card information, it is encrypted using secure socket layer technology (SSL) and stored with AES-256 encryption.

Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards to protect your information.

SECTION 6 - AGE OF CONSENT

By using this site, you confirm that you are at least the age of majority in your jurisdiction, or that you have given consent for any minor dependents to use this site.

SECTION 7 - CHANGES TO THIS POLICY

We reserve the right to update this policy at any time. Changes take effect immediately upon posting. Continued use of the site constitutes acceptance of any updates.

If our store is acquired or merged with another company, your information may be transferred to the new owners.

SECTION 8 - CORES CLUB/SUBSCRIPTION

By signing up for the Cores Club subscription ("subscription"), you agree to be bound by the following terms and conditions:

A. Subscription Service

The Cores Club subscription is a recurring monthly service that grants you access to exclusive benefits, pricing, and features available through your customer account on our website.

Each monthly shipment must meet the minimum product requirements of three (3) Cores or two (2) FÜM Zeros. Orders that do not meet these minimum requirements may be automatically cancelled or delayed until corrected.

Your Cores Club membership, including subscription status, billing details, shipping address, and product selections, can be managed through your customer account at any time prior to order processing.

It is the customer’s responsibility to ensure that monthly flavor selections and account details are accurate before the order processing deadline. Once an order has been processed, changes, swaps, substitutions, or edits cannot be guaranteed. All requests for edits to a subscription order must be submitted in writing to [email protected] prior to processing.

B. Automatic Renewal

Upon subscribing to the Cores Club, your membership will automatically renew on a monthly basis unless modified, paused, or cancelled prior to the renewal date.

By providing your payment information, you have pre-authorized FÜM to automatically charge the applicable monthly subscription fee to your selected payment method on each renewal date.

C. Subscription Fee

The applicable monthly subscription fee will be displayed at the time of product selection prior to checkout. Subscription fees may vary by region and are subject to change at any time.

Any pricing changes resulting from regional differences, changes in selected products, or updates to subscription pricing will be reflected in the customer’s account prior to order processing. Continued participation in the subscription after a price change constitutes acceptance of the updated fee.

Subscription fees do not include applicable taxes. Taxes will be automatically calculated and applied at the time each order is processed in accordance with local laws and regulations.

The monthly subscription fee will be charged in the local currency of the customer or in the same currency used when the subscription was originally initiated.

If a payment attempt is unsuccessful, FÜM will automatically re-attempt to process the payment up to five (5) times. Customers will be notified via email if a payment fails. If payment cannot be successfully processed after the re-attempts, the subscription may be paused or cancelled at our discretion.

D. Billing Cycle

Your subscription will be billed on a monthly basis beginning on the date of your initial sign-up and will continue on the same calendar date each month unless modified, paused, or cancelled in accordance with these terms. The billing cycle can be adjusted from your customer account by modifying your subscription frequency.

Orders will process automatically on your scheduled renewal date.

E. Cancellation

You may cancel your subscription at any time by accessing your account settings on our website or by contacting the FÜM support team at [email protected]. Please note that cancelling or requesting to cancel your subscription does not automatically cancel any existing subscription orders. Conversely, a request to cancel a subscription order does not automatically cancel your subscription. All subscription order cancellation requests are subject to the terms outlined in our Order Cancellation Policy.

All subscription cancellations must be completed by 11:59 PM, in the time zone associated with your account, on the calendar day before your scheduled renewal date. If a cancellation is made on the renewal date or after the cutoff time, the upcoming monthly charge may still be processed and the associated order may be fulfilled and shipped. In such cases, the cancellation will take effect for the following billing cycle.

Submission of a cancellation request does not guarantee immediate cancellation. Charges may still occur if the request is received after the applicable cutoff time. A subscription is not considered cancelled until email confirmation has been provided. Customers are responsible for ensuring they receive a cancellation confirmation email.

F. Eligibility

We reserve the right to refuse, pause, or cancel subscriptions at our discretion.

G. Changes to Terms

We reserve the right to update or modify these Terms and Conditions at any time. Any changes will be effective immediately upon posting on our website.

It is the responsibility of the Cores Club member to review these terms periodically. Continued participation in the subscription after changes are posted constitutes acceptance of the updated terms.

H. Privacy

Your privacy is important to us. Please refer to our Privacy Policy for information on how we collect, use, and protect your personal information in connection with the Cores Club Subscription.

By subscribing to the Cores Club, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

If you have any questions or concerns regarding your Cores Club Subscription, please contact our customer support team at [email protected].

SECTION 9 - SMS / P2P TERMS
A. Consent to Receive Messages

By opting into FÜM’s messaging program, you consent to receiving marketing and transactional SMS messages at the phone number provided. Message frequency may vary.

B. No Purchase Requirement

Opting into SMS is not a condition of purchase.

C. Fees

Carrier message and data rates may apply.

D. Opt-In

You may opt in via a website form. Messages will be sent from the following numbers:

• US phones: 89034

• Canada: (866) 442-6750

• All other countries: +1 (866) 442-6750

E. Opt-Out

To unsubscribe, reply STOP. You will receive a confirmation message.

F. Help

Reply HELP for assistance.

G. Additional Information

Carriers are not responsible for delayed or undelivered messages.

CONTACT INFORMATION

If you would like to access, correct, amend, or delete personal information, register a complaint, or request more information, contact us at:

[email protected]

• 1-866-790-5720

PAYMENT METHODS

• Credit / Debit Cards

• PayPal

Section 1
What do we do with your information?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give, such as your name, address and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

Section 2
Consent

How do you get my consent?

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting your information and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at [email protected] or mailing us at: Breathe FÜM 11126 Hidden Valley Dr NW, Canada, AB T3A 5Z6

Section 3
Disclosure

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service

Payment:

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more insight, you may also want to read Shopify’s Terms of Service here or Privacy Statement here.

In instances where your is suspected or flagged for fraud, we may request additional personal information for verification purposes of your order information and/or payment details.

Section 5
Third-party services

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

Section 6
Security

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

Section 7
Age of consent

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

Section 8
Changes to this Privacy Policy

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

Section 9
Cores Club

By signing up for the Cores Club subscription ("Subscription"), you agree to be bound by the following terms and conditions:

A. Subscription Service:

The Cores Club subscription is a recurring monthly service that grants you access to exclusive benefits and features on our website.

B. Automatic Renewal:

Upon subscribing to the Cores Club, your membership will automatically renew monthly unless you cancel it. By providing your payment information, you authorize us to automatically charge the monthly subscription fee to your chosen payment method.

C. Subscription Fee:

The monthly subscription fee for the Cores Club will be clearly stated at the time of sign-up. Subscription fees are subject to change.

D. Billing Cycle:

Your subscription will be billed on a monthly basis, starting from the date of your initial sign-up. The billing cycle will continue until you choose to cancel your subscription.

E. Cancellation:

You may cancel your Cores Club subscription at any time by accessing your account settings on our website, or by reaching out to us at [email protected].

F. Refunds:

For any questions on refunds please reach out to the support team. If a subscription is cancelled, you will not receive a refund for any unused portion of the current billing cycle.

G. Eligibility:

We reserve the right to refuse or cancel subscriptions at our discretion.

H. Changes to Terms:

We reserve the right to update or modify these terms and conditions at any time. Any changes will be effective immediately upon posting on our website. It is the responsibility of the Cores Club member to review these terms periodically for any updates or changes.

I. Privacy:

Your privacy is important to us. Please refer to our Privacy Policy for information on how we collect, use, and protect your personal information in connection with the Cores Club subscription.

By subscribing to the Cores Club, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.

If you have any questions or concerns regarding your Cores Club subscription, please contact our customer support team.

P2P SMS Terms and Conditions
  1. Consent to Receive Messages. By opting-in to FÜM’s messaging program called "FÜM", you consent to receiving marketing text messages (e.g. cart reminders from information collected via cookies) at the telephone number, including Short Message Service (SMS) messages. FÜM has full control of its messaging program and reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages.
  2. No Condition for Purchase or Services. Your decision to opt into FÜM’s messaging program is not a condition of purchasing any good or service.
  3. FÜM’s Terms of Use and Privacy Policy. By opting in, you accept and agree to be bound by FÜM’s privacy policy and terms of use, and you consent to the processing of your information as set forth in those policies.
  4. Contact. If you have questions or comments, please reach out to FÜM at [email protected].
Messaging Information.
  1. Opt-In. To opt in, you may:
  2. Enter your mobile phone number on a website form, you will then receive a text from +17257127380 where you may choose to opt-in to marketing messages. Message frequency varies.
  3. Rates. Carrier message and data rates may apply. Please consult your mobile service carrier's pricing plan to determine the charges for sending and receiving text messages.
  4. Opt-Out. To opt out, text "STOP", “UNSUBSCRIBE” to +17257127380. This is the only method for opt out. After opting out you will receive one additional message confirming that your request has been processed.
  5. Help. For help, text "HELP" to +17257127380.
Other
  1. Carriers are not liable for delayed or undelivered messages.
QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, contact us at:

[email protected]

1-866-790-5720



PAYMENT METHODS​

Credit / Debit Cards
PAYPAL​