Last Updated: August 29, 2025 

 

Welcome to Molekule Group, Inc., (including its predecessor MKUL, Inc., collectively “Molekule”, “we”, “us”, or “our”). Please read these Terms and Conditions For Services (the “Terms”) carefully because they govern your access to and use of: (i) our websites (including molekule.com and subdomains of molekule.com collectively referred to herein as the “Site”); (ii) our services accessible through the Site (“Web Services”); (iii) our mobile applications available on third party app stores (our “App” or “Apps); and (iv) the purchase and use of genuine Molekule products, filters, and filter subscriptions available on our Site, or through Molekule’s designated authorized resellers and retailers, (individually and collectively the “Products”). The Site, Web Services, Apps, and the Products are individually and collectively called the “Services. You may use the Services, and order Products, only if you are 18 years or older, capable of forming a binding contract with Molekule, and are not barred from using the Services either under applicable law or these Terms. 

 

Please read the Terms carefully as they affect your legal rights and govern your access to and use of the Services. If you don’t agree to be bound by these Terms, then you may not use the Site, Web Services, Apps, or purchase any additional Products. Molekule reserves the right to change or discontinue, in its sole discretion, all or any part of the Services at any time and without notice.  

 

It’s important that you review the Terms whenever we modify them and whenever you use the Services. We may, in our sole discretion, modify the Terms at any time. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications.  

 

BY ACCESSING, USING, AND/OR CONTINUING TO USE, THE SERVICES (INCLUDING PURCHASING THE PRODUCTS), YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THESE TERMS AND, WHEN APPLICABLE, THE MODIFIED TERMS, AND ARE REPRESENTING AND WARRANTING TO US THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF AND, IF APPLICABLE, THE ENTITY YOU REPRESENT. If you don’t agree to be bound by the modified Terms, then you may not use the Site, the Apps, the Web Services, or purchase any additional Products.  


 

PLEASE READ THESE TERMS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO LIMITING MOLEKULE’S LIABILITY, WAIVING THE RIGHT TO A JURY TRIAL, AND REQUIRING THE RESOLUTION OF DISPUTES ON AN INDIVIDUAL, NON-CLASS BASIS.  

 

Account Registration With Molekule 

If you want to purchase the Products and use certain features of the Services, you’ll have to create an account (“Account”) with us subject to these Terms. It’s important that you provide us with accurate, complete, and up-to-date information for your Account. You are responsible for updating your Account information to keep it current. You are responsible for maintaining your Account confidentiality and security and Molekule is not responsible for any losses arising from the unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether conducted by you or by someone else with access to your Account.  

 

In order to manage your Molekule Account Filter Subscription (as defined below) on the Site or through the App, you will need to use the same email address that you used to purchase that subscription. That email address should, where practical, be the same email address you used to purchase the Molekule purifier Product. Likewise, if you are using the Molekule App in connection with your Molekule purifier Product, you should register with the App under the above email address. Your air purifier Product(s) may only be registered to a single email account within the App 

 

When you first create your Account on the Site, you are (i) automatically enrolled in our customer loyalty program known as “Molekule Inner Circle Program” and (ii) agreeing to be bound by the program’s terms and conditions (https://molekule.com/pages/inner-circle-terms-and-conditions). If you no longer want to participate in the Molekule Inner Circle Program, please contact customer support at (855) 999-9069 for assistance in terminating your Molekule Inner Circle Program membership. When you access the Site, create your Account, or purchase Product, you also have the additional opportunity to sign up to receive marketing emails from us. You can opt-out from receiving future marketing emails from us by using the unsubscribe link found at the bottom of the email, visiting the Site, or by calling us toll free within the United States at (855) 999-9069.  

 

Online Product Orders and Use of Third-Party Payment Vendors 

Subject to the Terms, you can purchase Products (including Filter Subscriptions) via our Site. We use third-party payment vendors (e.g., Shopify Payments, Stripe, and PayPal), to process your payment. When you click Checkout”, your payment information will be handled by a third-party vendor, which operates under separate terms and conditions and privacy policies with respect to your online payment transaction. We reserve the right to change payment third-party payment vendor processors at any time. 

 

Order Acceptance and Cancellation 

We reserve the right, at our sole discretion, to refuse or cancel any Product order for any reason. You will be charged at the time of your Product order unless we notify you otherwise. Some situations that may result in your order being canceled by us include limitations on quantities available for purchase, inaccuracies or errors in our Products or pricing information, problems identified by our credit and/or fraud avoidance department, or non-compliance with our Terms. We will attempt to contact you if all or any portion of your order is canceled  

 

If your order has not yet shipped, then you may cancel your non-subscription Product order prior to shipment by contacting us by email at support@molekule.com or by calling us at (855) 999-9069. Your order cannot be canceled by you after your Product has shipped. Returns of Product after they have been shipped are subject to the refund and return policy set forth below. 

 

Delivery of Products 

You understand that all scheduled shipment dates and delivery dates at Site checkout are estimates only. We’ll make reasonable efforts to meet the scheduled shipment dates, but in no event will we be liable for any loss, damage, or penalty, resulting from any delay in shipment or delivery to you. Title and risk of loss for Products purchased from our Services pass to you upon our delivery of the Products to the shipping carrier. In case of any unforeseen delay involving delivery of Products to the shipping carrier, Molekule will communicate shipping status to you  using the email address associated with your Account used in purchasing such Product 

 

Molekule’s Refund and Return Policy 

Please see our refund and return policies at https://molekule.com/pages/return-policy for information and the complete terms and conditions for refunds. 

 

Molekule Proprietary Filters, Automatic Refills, and Account Portal  

Our Products differ from traditional portable indoor air purifiers in the market. We use a proprietary photoelectrochemical oxidation (“PECO”) coating on our filter media that activates when exposed to the UV light source in our air purifier Products to destroy bacteria, viruses, and volatile organic compounds in the air. In addition to our PECO filters destruction attributes, our PECO-HEPA filters have a capture rate of 99.97% or better efficiency for airborne particles of 0.3microns (e.g., bacteria, dust, pollen, and mold). Only genuine Molekule filter Products (“Filters”) are tested and validated when used in conjunction with our purifier Products to achieve high indoor air quality performance. For Molekule’s Air Mini, Air Mini+, and Air Pro purifiers the recommended Filter for use is the Molekule’s proprietary PECO-HEPA Tri-Power Filter or Molekule’s proprietary PECO-Filter, and for the Molekule Air purifier the recommended Filter for use is Molekule’s proprietary PECO-Filter and pre-Filters. For more information on Molekule’s PECO and Filter technology, please visit us at https://molekule.com/pages/technology. 

 

We offer one-time Filter purchases on our Site. We also can sell Filters to you on an automatic recurring subscription basis that requires payment from you prior to shipping (a “Filter Subscription”). Different Filter Subscription plans or options are subject to different pricing, features, and are available to you at either the time you first purchase Products or thereafter on the Site.  

 

If you sign up for a Filter Subscription, you acknowledge that your Filter Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to timely cancellation of such subscription. We (or our third-party payment processors) will automatically charge you at the time of each Filter Subscription renewal using the payment method you have provided. Upon successful Filter Subscription payment, your Filter Subscription is automatically renewed and your Filters are shipped to you. If, however, your payment method for your Filter Subscription is declined, then your Filter Subscription will not be automatically renewed until such subscription account has been updated with a valid payment method that permits successful payment processing of the Filter Subscription amount then due. Your Filter Subscription continues until it is timely cancelled by you by giving us at least three (3) business days’ notice prior to the end of the applicable Filter Subscription period, or we terminate your access to, or use of, the Services, in accordance with these Terms. 

 

You will receive digital/electronic reminder notifications before your Filter Subscription is renewed. Your Filter Subscription will automatically renew on a specified cadence, typically every six or twelve months depending on the Product model for the Filters. Your designated Filter Subscription payment method will be automatically charged the full amount for such Filters, plus any applicable taxes, and other applicable charges, upon renewal.  

 

We will endeavor to ship your Filters on time according to the intervals you have selected. We cannot, however, guarantee that the Filters will be delivered on the exact date of your choosing or that they will not be delayed. The Filters will be shipped to the address you provided in your Filter Subscription, which can be updated (see below) in your Account. To prevent delays in your recurring Filter Subscription purchases, any change to your address or payment method must be completed in your Account three (3) days prior to your Filter Subscription renewal date. 

 

We reserve the right to change our pricing and renewal notifications for your Filter Subscription. In the event of a price change to your Filter Subscription, we will attempt to notify you in advance of the change by sending an email to the email address you have registered for your Account for such Product. If you do not wish to accept a price change, you may cancel your Filter Subscription  in accordance with the instructions included in that email or as set forth below. If you do not timely cancel your Filter Subscription in advance of its renewal date, your Filter Subscription will be renewed at the price in effect at the time of such renewal, without any additional action by you or us, and you authorize us to charge your designated payment method for such renewal. 

 

You can cancel your Filter Subscription at any time in your Account on the Site under “Manage Subscriptions” and follow the prompts, or by contacting Molekule support at support@molekule.com, or by calling us toll-free in the United States at (855) 999-9069, Monday to Friday 8 am – 5 pm Pacific Standard Time. Timely Filter Subscription cancellations on the Site or through Molekule support are effective immediately. Should you choose to cancel your Filter Subscription on less than a minimum of three (3) days notice to us prior to your Filter Subscription renewal date, then (i) you will continue to be responsible for the Filter Subscription charges due us in your current renewal period, and (ii) you will continue to receive those shipments of Filters applicable to such renewal period, but you will not be billed for another renewal period thereafter. 

 

Ownership of the Services 

All contents of the Services, including without limitation, the text, graphics, images, music, software, code, near field communication (“NFC”) tag authentication data, data, authentication keys, security features, unique identifier numbers, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided in or on, or otherwise made available on or through the Services, are collectively referred to as “Content”. The Services, including the Content, and all associated intellectual property rights thereto, are the sole and exclusive property of Molekule and/or its licensors, and may not, in whole or in part, be copied, distributed, modified, cloned, decompiled, hijacked, reversed engineered, reproduced, published, bypassed, recoded, reformatted, or duplicated, except for the limited purposes expressly authorized or approved, in writing, by Molekule. You acknowledge that the Services (including the Content) are protected by the laws of the United States and, where applicable, foreign countries, including, but not limited to, intellectual property laws. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or its Content.  

 

Third-Party Services 

Molekule’s Services rely on or use third-party products and services, the operation and functioning of which are beyond Molekule’s control and are provided on an “AS IS” and AS AVAILABLE” basis. Molekule also uses third-party products and services to enable some aspects of the Services, including, but not limited to, push notifications, outdoor air quality, and features management. The up-time and reliability of such third-party products and services can adversely impact your use and reliability of the Services. You agree that your use and availability of the Services is (i) dependent on such third-party products and services, and (ii) that such third-party products and services may not operate in a reliable manner 100% of the time, which may impact how you use the Services. By using the Services you acknowledge and agree that Molekule is not responsible to you for any damages and losses arising out of or from the operation or non-operation of any third-party products and services relied on or used by Molekule in connection with the Services.  

 

Rights in App Granted by Molekule 

Apps may be made available for your use in conjunction with the Products through third-party providers such as the Apple App Store or the Google Play Store. Such third-party apps are subject to such app provider’s terms and conditions, which can be removed, discontinued, terminated, suspended, and/or modified at any time for any reason.  

 

In addition to such third-party app provider’s terms and conditions, your use of Molekule’s Apps is subject to your compliance with these Terms. Molekule grants you a limited, non-exclusive, non-transferable, revocable, non-sublicensable, privilege to download and install a copy of the App on a mobile device that you own or control and to run such copy of the App solely for your own personal non-commercial purposes of using your Product in connection with the Services. Except as expressly permitted in these Terms, or to the extent that any of the proceeding restrictions are prohibited by applicable law, you may not: (i) copy, modify, or create derivative works based on, the App; (ii) distribute, transfer, sublicense, lease, lend, or rent the App to any third party; (iii) reverse engineer, decompile, disassemble, or attempt to derive the source code of, the App; and (iv) make the functionality of the App available to multiple users through any means. The foregoing privilege grant is not a sale of the Apps or any copy thereof, and Molekule and/or its third-party partners or suppliers retain all right, title, and interest in the Apps (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in the Terms, is void. Molekule reserves all rights in and to the App not expressly granted to you under these Terms. 

 

Rights in Site Content Granted by Molekule 

Subject to your compliance with these Terms, Molekule grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, privilege to download, view and print the Site content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes. 

 

Mobile App Compatibility and Updates 

To use the Apps on a mobile device, you must have a mobile device that is compatible with the Apps. You are solely responsible for determining if your mobile device is compatible with the Apps. Molekule does not warrant that the Apps will be compatible with your mobile device. You may use mobile data, text, and calling services, in connection with the Apps, which use may cause you to incur additional charges from your mobile carrier for those services. You agree that you are solely responsible for all such charges.  

 

Molekule may from time-to-time issue version updates of the Apps. Such updates will automatically install on your mobile device if you have previously agreed in your mobile operating system settings to automatic updates with respect to the Apps. These updates may include security, authentication, performance, functionality, bug fixes, or enhancements, and may be issued with or without prior notification to you. Any failure to update the App may result in the App ceasing to operate. All updates to the Apps are subject to these Terms. Any third-party code that may be incorporated in the Apps is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.  

 

Product Software Updates 

Molekule may from time-to-time cause automatic downloads of software updates to be automatically installed on your Product. These software updates may include security, authentication, performance, functionality, bug fixes, or enhancements, and may be issued with or without prior notification to you. By using our Products, you are consenting to such automatic software downloads and updates to the Products. If you do not agree to such downloads and updates, then you may not be able to use the Apps and Web Services in conjunction with the Products. Such automatic downloads and updates only occur for Services connected to the internet. All carrier, internet, or other related connection and/or use charges, in connection with or arising out of your use of the Services are your sole responsibility. 

 

Multiple Products with the same serial number, filter serial number, or unique identifier, are prohibited from being used in connection with either the Apps, Web Services, or the Products. Molekule reserves the right to render the Services (including your Product) INOPERABLE that are used, or attempted to be used, in conjunction with such prohibited items. 

 

General Prohibitions 

In addition to all other restrictions set forth in these Terms, you agree not to do any of the following: 

  • Mirror, frame, or otherwise create a browser or boarder environment around the Services, including any of its content, or deep link to content or any internal page of the Site, without Molekule’s prior express written consent, which these Terms do not constitute; 

  • Access, tamper with, or use, any non-public areas of the Services, Molekule’s computer systems, or the technical delivery systems of Molekule’s providers; 

  • Copy, decompile, disassemble, reverse engineer, or otherwise attempt to extract or derive the source code, communications, methods, algorithms, or procedures, from the Services; 

  • Modify, adapt, translate, or create derivative works based on, the Services; 

  • Gain or attempt to gain unauthorized access to the Services; 

  • Alter, circumvent, intercept, copy, download, disable, or reassign any key, restriction, unique identifier, or tag authentication data, related to the Services, including, but limited to, enabling or attempting to enable you, or anyone in privity with you or your purchased Filters to use such data, in whole or in part, on non-genuine filters for Molekule purifier Products or otherwise attempt to otherwise defeat any Filter restrictions, including, but not limited to, using the Filters original authentication or security data in, on, or in connection with, non-genuine filters for Molekule Products; 

  • Use the Services in any manner or for any purpose if you are a competitor with respect to the Products or Apps; 

  • Use the Services in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right or other right of any third party or that violates any applicable law with respect to such third party; 

  • Restrict or inhibit any other user of the Services from using or enjoying the Services; 

  • Interfere with or disrupt the integrity, operation, or performance of the Services or interfere with the use or enjoyment of it by others, including, but not limited to, bypassing, breaching, cloning, eavesdropping, sniffing, descrambling, or hijacking any security or authentication protocol, technology, measure, or protection used for or contained in the Services (including any third party services that are used in conjunction with the Services); 

  • Attempt to probe, scan, overburden, or test the vulnerability of, any Molekule systems, communications, or networks;  

  • Using any automated program, tool, or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access the Services or any server, network or system associated with this Services, or to extract, collect, harvest or gather content or information from the Services;

  • Creating (or attempting to create) multiple accounts in connection with the Services (including using proxy IP addresses or falsified/fake identities to hide the use of multiple accounts) for the purpose of disrupting the Services or other users of the Services; 

  • Use the Services to encourage, promote, facilitate, or instruct others to engage in illegal activity; 

  • Use the Services in any way to harass, threaten, abuse, stalk, deceive, falsify, mislead, or commit fraud; 

  • Use any meta tags or other hidden text or metadata utilizing a Molekule trademark, logo, URL or Product name, without Molekule’s express prior written consent; 

  • Use the Services to violate any applicable law, rule, or regulation; and/or 

  • Encourage, assist, aid, or enable any other individual, organization, or entity to do any of the foregoing. 

 

Links to Third Party Websites or Resources 

The Services, including the Site, may contain links to third-party websites or resources. We provide these links only as a convenience and on an “AS IS” and “AS AVAILABLE” basis, and are not responsible for their content, products, or services on, or available from, those websites, resources, or links displayed on such websites. You are solely responsible for, and assume all risk arising from, your use of any third-party websites or resources. 

 

Third-Party Sponsored Programs Accessible Through the Site or App 

From time to time the Site or App may make accessible to you third-party sponsored offerings and programs for rental subscription services for use in connection with Molekule Products (an “Authorized Third Party Program). Authorized Third Party Programs are listed and made accessible to you on the Site or App as a convenience, and on an “AS IS” and “AS AVAILABLE” basis. You are solely responsible for, and assume all risk arising from, your use of any such Authorized Third Party Program. We reserve the right to add or remove any Authorized Third Party Program from our Site or App at any time in our sole discretion. 

 

Authorized Third Party Programs are not subject to these Terms, and are governed by the terms and conditions of the Authorized Third Party Program provider/sponsor. Although Molekule’s Products may be used in the Authorized Third Party Program, Molekule does not warrant, endorse, guarantee, or assume responsibility for any product, service, or subscription service, advertised, offered, or provided in, by, or through, such third-party offering or program, including but not limited to any Authorized Third Party Program. All products, services, and subscription services, provided in, by, or through any Authorized Third Party Program are not covered by any Molekule warranty or refund policy. 

 

Privacy Policy, Device Connection to Molekule Cloud, and Data Transfer 

Please refer to our Privacy Policy for information on how we collect, use, and disclose information about our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy (https://molekule.com/pages/privacy-policy) 

 

Molekule reserves the right at all times to disclose any information that Molekule deems necessary to comply with any applicable law, regulation, legal process, or governmental request. Molekule may disclose your information if it determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. 

 

Feedback 

We welcome feedback, comments and suggestions for improvements to our Services (“Feedback”). You can submit Feedback by contacting us (https://help.molekule.com/hc/en-us/requests/new). You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable, license under all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and/or otherwise exploit the Feedback for any purpose. 

 

Marketing Communications via Text Message 

By registering for text messages, you consent to receive marketing text messages (such as promotion codes and cart reminders) from Molekule at the number provided at the call number used when signing up. Your consent is not a condition of any purchase. You may in response to our marketing text messages reply STOP to unsubscribe/opt out. Message frequency varies. Message and data rates may apply and are your responsibility. See our Privacy Policy for more information. 

 

Export Policy and Restrictions 

The Products, Apps, and Content are subject to the customs and export control laws and regulations of the United States of America as ECCN EAR99 items. You warrant that you are not located in, under the control of, or a national or resident of, any country to which the export of consumer goods and software is prohibited by any applicable export law, regulations and orders (“Export Control Laws”). By purchasing, downloading, or using the Products, Apps, technology, or software, relating to our Services, you agree to abide by the applicable Export Control Laws, including, but not limited to, the United States Export Administration Act and the Arms Export Control Act. You agree to defend, indemnify, and hold Molekule and its officers, directors, employees, agents, subsidiaries, and affiliates harmless, from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations. 

 

Termination 

You may cancel your Account at any time by contacting us as described below.  

 

You agree that Molekule may, in its sole discretion and without prior notice, terminate, disable, and/or block you, your Product, and/or Account from current and/or future access to the Site, Apps, and/or Web Services, if we suspect or determine that you have, whether directly or indirectly, violated the Terms or other agreements or guidelines which may be associated with your use of the Services. You also agree that any violation by you of the Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Molekule, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive without the posting of a bond, or equitable relief that Molekule deems necessary or appropriate in such circumstances. Deliberate attempts by you or someone on your behalf to evade or circumvent your or their suspension or termination of rights to gain access to the Apps, Web Services, Content, or Site, violates these Terms and constitutes an unlawful trespass to Molekule’s property, and may result in legal action against you. The preceding remedies are in addition to any other remedies Molekule may have at law or in equity. 

 

Product Limited Warranty 

In the event of an eligible claim under your applicable New Product Limited Warranty (defined below), Refurbished Product Limited Warranty (defined below), and/or  Filter Limited Warranty (defined below), please visit Molekule at https://help.molekule.com/hc/en-us/requests/new for return instructions. Shipping and/or packaging charges may apply to you on all such limited warranty claims. 

 

Eligibility Period for New (non-refurbished) Molekule Air, Air Pro, Air Mini and Air Mini+ Purifier Limited Product Warranty 

Subject to the Limited Warranty Conditions (defined below), Molekule provides a limited warranty for a period of two (2) years from either (i) the Product shipment date to you by us (subject to your Product shipment being verified by our records based upon your email address used for the Product purchase), or (ii) your Product purchase date from an authorized (see below link) third-party retailer or reseller subject to you providing us valid proof of purchase (“New Product Limited Warranty Term”), that your new Molekule Air, Air Pro, Air Mini and Air Mini+ purifier Products will, under normal use and care, and any other additional requirements as may be included in the documentation provided with such Product, be free from defects in materials and workmanship (the “New Product Limited Warranty”). 

 

Eligibility Period Refurbished Molekule Air, Air Pro, Air Mini and Air Mini+ Purifier Limited Product Warranty 

From time-to-time Molekule may sell a refurbished Product (“Refurbished Product”) for which, subject to the Limited Warranty Conditions (defined below), Molekule provides a limited warranty for a period of one (1) year from the Refurbished Product shipment date to you by us subject to your refurbished Product shipment being verified by our records based upon your email address used for the refurbished Product purchase (the Refurbished Product Limited Warranty Term”), that your refurbished Molekule Air, Air Pro, Air Mini and Air Mini+ purifier Products will, under normal use and care, and any other additional requirements as may be included in the documentation provided with the Refurbished Product, be free from defects in materials and workmanship (the “Refurbished Product Limited Warranty”) 

 

Limited Warranty Conditions To Molekule’s New Product Limited Warranty and Refurbished Product Limited Warranty 

Each of Molekule’s New Product Limited Warranty and Refurbished Product Limited Warranty are subject to the following conditions (collectively, the “Limited Warranty Conditions”): (i) the warranty claim is for genuine Molekule Products; (ii) the warranty claim is not attributable to normal wear and tear of the Product; (iii) the warranty claim is for defects in materials or workmanship while the Product was operated in accordance with the User Manual and/or Quick Start Guide provided with either the Product or Refurbished Product, or online; (iv) the warranty claim is not attributable to the applicable filter being replaced outside of Molekule’s recommended time frames (see https://help.molekule.com); (v) the warranty claim is for Product that has only been used with the original integrated power cord attached; (vi) the warranty claim is not attributable to tampering, mishandling, neglect, negligence, accidents, electrical disturbance, lightning, abnormal voltage, fire, liquid spills, water, transportation, modification, abuse, the use of non-Molekule third party filters, and/or other Product misuses; (vii) the warranty claim is for Product that has not had its original factory serial number removed, defaced, altered, or reused; (viii) the warranty claim is not attributable to commercial use, rental use, or any other use for which the Product is not intended; (ix) the warranty claim is not attributable to  any subscription service, advertised or offered, by a third party through the Site or App, any hyperlinked website, or any website or mobile application featured in any banner, or other advertising on the Site or App; (x) the warranty claim is not attributable to any product, service, or subscription service offered or provided by or through an Authorized Third Party Program; and (xi) the warranty claim is not attributable to the Product being used in areas subject to extreme temperature (below 32ºF, above 113 ºF), excessive moisture (above 75% relative humidity), and/ or other inherently hazardous environments.  

 

Eligibility Period for Molekule’s Filter Limited Warranty 

Subject to the Filter Limited Warranty Conditions (defined below), Molekule provides a limited warranty for a period of thirty (30) days (the “Filter Warranty Term”) commencing on (i) the Filter shipment date to you by us (subject to your Filter shipment being verified by our records based upon your email address used for the Filter purchase), or (ii) your Filter purchase date from an authorized (see below link) third-party retailer or reseller (subject to you providing us valid proof of purchase), that your new Filter will, under normal use and care, and any other additional requirements as may be included in the documentation provided with the Product, be free from defects in materials and workmanship (the “Filter Limited Warranty”).  

 

Filter Limited Warranty Conditions To Molekule’s Filter Limited Warranty 

Molekule’s Filter Limited Warranty is subject to the following conditions (collectively, the “Filter Limited Warranty Conditions”): (i) the warranty claim is for a genuine Molekule Filter; (ii) the warranty claim is not attributable to normal wear and tear of the Filter; (iii) the Filter was used in accordance with the User Manual and/or Quick Start Guide provided with either the applicable purifier Product or Refurbished Product, or online at the Site; (iv) the warranty claim is not attributable to tampering, mishandling, neglect, negligence, accidents, electrical disturbance, lightning, fire, transportation, liquid spills, water, modification, abuse, or misuse of the Filter in  conjunction with the purifier Product; (v) the Filter has not had its original NFC tag authentication data or information defaced, altered, written over, copied, or otherwise reused or compromised; (vi) the Filter was not used in areas subject to extreme temperature (below 32ºF, above 113ºF) or other inherently hazardous environments; (vii) the warranty claim is not attributable to commercial use, rental use, or any other use for which the Filter is not intended;  (viii) the warranty claim is not attributable to  any subscription service, advertised or offered, by a third party through the Site or App, any hyperlinked website, or any website or mobile application featured in any banner, or other advertising on the Site or App; and (ix) the Filter was only used during operation with the applicable recommended purifier Product.  

 

Molekule’s New Product Limited Warranty, Refurbished Product Limited Warranty, and Filter Limited Warranty  Obligations For Molekule Air, Air Pro, Air Mini, Air Mini+ Purifier, and Filters 

Molekule’s sole obligation under each of its New Product Limited Warranty, Refurbished Product Limited Warranty, and Filter Limited Warranty (individually and collectively the “Limited Warranties”) is only applicable to genuine Molekule Product, and is, at Molekule’s sole option, limited to either repair or replace the warrantied Product by Molekule to the extent determined by Molekule to be covered under the Limited Warranties, and thereafter the repaired or replaced Product will be only be warranted for the greater of (i) that period of time, if any, remaining under the original New Product Limited Warranty Term, Refurbished Product Limited Warranty Term, or Filter Warranty Term (as applicable), or (ii) thirty (30) calendar days from the return shipment date by us to you. Replacement Products, in Molekule’s sole discretion, may contain new or refurbished parts. Any parts replaced by Molekule during any repairs to your Product, including Filters, become the sole property of Molekule. When providing your air purifier for warranty service you are to remove the filter(s) before shipping.  Air purifiers returned to you from warranty service will not include filters.   

 

You may choose to have your Product, including Filter, repaired (but solely at your own cost) through a non-Molekule repair provider or yourself, and the mere fact that you did so you will not void the Limited Warranties, and neither will the use of third-party parts used in such repairs. However, any damage, costs, inoperation, and/or or repairs incurred as a result of, from, due to, or caused by, such repairs are not covered by the Limited Warranties and shall be your sole cost and expense. 

 

All Limited Warranties are non-transferrable to the extent not prohibited by law.  

 

Disclaimer 

EXCEPT FOR THE LIMITED WARRANTIES EXPRESSLY SET FORTH IN THESE TERMS, TO THE EXTENT PERMITTED BY LAW,  ALL SERVICES, SUPPORT, AND ANY OTHER INFORMATION OR DATA RELATING THERE TO PROVIDED BY MOLEKULE OR ITS THIRD-PARTY PROVIDERS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.  

 

THE LIMITED WARRANTIES AND THE REMEDIES SET FORTH IN THESE TERMS ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. MOLEKULE DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, EACH TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, MOLEKULE LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THESE EXPRESS LIMITED WARRANTIES AND TO THE REPAIR OR REPLACEMENT SERVICES DESCRIBED ABOVE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATIONS DESCRIBED ABOVE MAY NOT APPLY TO YOU. THE LIMITED WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.  

 

A list of Molekule’s authorized resellers and retailers for the sale of genuine original Molekule Products, including Filters, is available on Molekule’s website at https://www.molekule.com/pages/authorized-molekule-resellers (“Authorized Third Party List”). The Authorized Third Party List changes from time to time so please check this list before you purchase any products from a third party. Notwithstanding such list, under no circumstances does Molekule authorize any person, entity, reseller, or marketplace, to advertise or sell either third-party replacement or replacement compatible filters or other non-genuine Molekule Products, Refurbished Products, or parts. Be aware that all such replacement or replacement compatible products, filters, and parts are not covered by Molekule’s Limited Warranties. Molekule neither sells nor white labels any of its purification Products, including Filters, under other any other brand names.  

 

Medical Advice Disclaimer 

WHILE SOME OF MOLEKULE’S PRODUCTS ARE FDA 510(k) CLEARED CLASS II MEDICAL DEVICES IF USED IN CONJUNCTION WITH EITHER A GENUINE MOLEKULE (i) TRI-POWER PECO-HEPA FILTER OR (ii) PECO-FILTER, THEY ARE NOT INTENDED FOR USE IN THE TREATMENT OR MANAGEMENT OF ANY DISEASES OR CONDITIONS. THE PRODUCTS SHOULD IN NO WAY BE CONSIDERED A REPLACEMENT FOR MEDICAL ADVICE AND ACTION IN ORDER TO CURE, TREAT, OR PREVENT DISEASES OF ANY NATURE. 

 

Please seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. Any information on Molekule’s Site, Apps, or elsewhere, is not a recommendation or endorsement of any specific physicians, procedures, products, opinions, or other information, to treat or manage your specific medical conditions. Reliance on any such information is solely at your own risk. 

 

Limitation of Liability 

NEITHER MOLEKULE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT, WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF DATA, DIMINUTION OF GOODWILL, OR THE COST OF SUBSTITUTE SERVICES OR GOODS, ARISING OUT OF, FROM, OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF, OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, EQUITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MOLEKULE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. 

 

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL MOLEKULE’S TOTAL LIABILITY ARISING OUT OF, FROM, OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING CONTENT, EXCEED THE AMOUNTS YOU HAVE PAID TO MOLEKULE FOR USE OF THE APPLICABLE SERVICES GIVING RISE TO THE LIABILITY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE LIABILITY. 

 

Limitation on Time to File Claims 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE APPS, WEB SERVICES, PRODUCTS AND/OR SITE, MUST BE COMMENCED AND FILED WITH A COURT OF COMPETENT JURISDICTION WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION FIRST ACCRUES NOTWITHSTANDING THE GOVERNING LAW ON THE STATUTE OF LIMITATIONS; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

 

Dispute Resolution; Class Action Waiver; Jury Trial Waiver 

 

Applicability 

YOU UNDERSTAND AND AGREE THAT THESE DISPUTE RESOLUTION TERMS APPLY TO ALL CLAIMS, DISAGREEMENTS, DISPUTES, OR CONTROVERSIES BETWEEN YOU AND MOLEKULE, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES, ARISING OUT OF OR RELATING TO YOUR USE OF OR ACCESS TO THE SERVICES. 

 

Dispute Notice and Informal Dispute Resolution  

If a dispute should arise between you and Molekule we want to provide you with a resolution that is efficient and cost effective. Before initiating an action, you and Molekule each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute can be (1) mailed to Molekule Group, Inc., Attn: Legal Department, 10455 Riverside Drive, Suite 100, Palm Beach Gardens, FL 33410, or (2) emailed to support@molekule.com. You and Molekule agree to make attempts to resolve the dispute prior to commencing any legal action, including the filing of a lawsuit, until a 30-day post-notice resolution period expires. If an agreement cannot be reached within thirty (30) days of receipt of the Notice of Dispute, you or Molekule may commence a lawsuit in the court of applicable jurisdiction described and provided below. 

 

No Class Actions 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND MOLEKULE AGREE THAT ANY AND ALL DISPUTES BY, BETWEEN, OR INVOLVING YOU AND US (WHETHER BASED IN CONTRACT, STATUTE, TORT OR ANY OTHER THEORY) WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL PROCEEDING OR ACTION, OR REPRESENTATIVE ACTION OR PROCEEDING. ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL PROCEEDING OR ACTION, OR REPRESENTATIVE ACTION OR PROCEEDING. 

 

Waiver of Jury Trial 

YOU AND MOLEKULE HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS EACH OF THEM MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTE, INCLUDING BUT NOT LIMITED TO DISPUTES ARISING OUT OF, FROM, OR RELATING TO THESE TERMS OR THE RELATIONSHIP OF SUCH PARTIES. 

 

Governing Law and Venue for Actions 

These Terms and any action related thereto will be governed by the laws of the State of Florida without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action, claim, or demand, relating to the Services will be in the state and federal courts located in the Palm Beach County, West Palm Beach, Florida and each of the parties hereto (Molekule, and you and your transferees) waives any objection to jurisdiction and venue in such courts. 

 

Dispute Resolution Changes 

Notwithstanding the provisions describing changes to these Terms above, if Molekule changes this “Dispute Resolution” section, you may reject any such change by sending us written notice by email to support@molekule.com, or by mail at Molekule Group, Inc., Attn: Legal Department, 10455 Riverside Drive, Suite 100, Palm Beach Gardens, FL 33410 within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or, if applicable, in the date of Molekule’s email to you notifying you of such change. Upon receipt of such timely written notice rejection, such Dispute Resolution change will not be applicable to you. 

 

General Terms 

These Terms constitute the entire and exclusive understanding and agreement between Molekule and you regarding the Services, including the Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Molekule and you regarding the Services and/or Content. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. In addition to you, these Terms apply to the receipt and/or use of the Services by any person, including, but not limited to, your permitted transferees, assigns, successors, purchasers, recipients, or temporary users. Molekule may freely assign or transfer these Terms without restriction 

 

Any notices or other communications provided by Molekule under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Apps or the Site. For notices made by e-mail, the date of sending will be deemed the date on which such notice is transmitted. For modification of the Terms, the effective date of such modification shall be the date when such Terms are posted to the Site. 

 

Molekule’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Molekule. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. 

 

Contact Information 

If you have any questions about these Terms or the Services, please contact Molekule at support@molekule.com, or by mail at Molekule Group, Inc., Attn: Legal Department, 10455 Riverside Drive, Suite 100, Palm Beach Gardens, FL 33410. 

 

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