Terms of service
TERMS OF SERVICE
Last updated: May 27, 2025
1. AGREEMENT TO OUR LEGAL TERMS
We are Harms and Humans Inc., doing business as Harms and Humans ("Company," "we," "us," or "our"), a Canadian social enterprise registered in the province of Ontario and based in Ottawa, Ontario.
Our mission is to increase awareness of environmental toxins and provide science-based, practical guidance to reduce exposure to heavy metals, especially among children. We offer non-destructive X-ray fluorescence (XRF) testing for consumer goods, home interiors, soil, and surfaces.
We operate the website www.harmsandhumans.com, as well as related services, testing reports, communications, and social platforms (collectively, the "Services").
As our customer, you (“Customer”) understand and agree that placement of any order for our services constitutes acceptance of these terms and conditions.
2. USER REPRESENTATIONS
By using our Services, you confirm that:
- You are legally capable and have read and understood these Terms;
- You are not under the legal age of majority in your jurisdiction unless authorized by a guardian;
- You will use the Services lawfully and ethically.
3. INTELLECTUAL PROPERTY AND BRAND USE
All content provided by Harms and Humans—including but not limited to materials shared via our website, emails, inspection reports, marketing campaigns, and social media—is the intellectual property of Harms and Humans Inc. This includes testing results, written content, images, graphics, and videos of our services. You may access and use this content for personal or internal business purposes only. Any promotional or commercial use—such as advertising, resale, or reproduction—requires prior written consent from Harms and Humans.
Personal Sharing by Customers
Customers are permitted to share portions of their own individual inspection results with others provided that:
- The shared content relates solely to the Customer's own tested items;
- The result is presented accurately and unaltered;
- The content does not imply endorsement or commercial partnership with Harms and Humans;
- The sharing is occasional and not part of systematic reposting or publication of entire reports.
To preserve the integrity of our testing work and protect intellectual property, mass distribution, reproduction of full reports, or publication of large-scale findings (including data aggregation across customers or tests) is strictly prohibited without express written permission.
Brand Use Restrictions
Customers agree to:
- Not use Harms and Humans’s name, trademarks, logos, or reports in any commercial, promotional, or public-facing material without our prior written consent, except as allowed above for selective personal sharing of one’s own results; and
- Avoid any use of our name, content, or data that could mislead others or damage Harms and Humans’s reputation.
4. SERVICES, PRICING, AND CANCELLATIONS
• All products and services listed are subject to availability. Prices and offerings may change without notice.
• We do not accept returns once testing has been completed. You may cancel up to 24 hours prior to testing for a partial refund, subject to our discretion.
• Retests performed at the Customer’s request may be charged to the Customer if the retest confirms the original results. In the event the retest results significantly differ from the original result, the Customer will not be charged for the duplicate test.
5. PURCHASES AND PAYMENT
Payment terms are net 15 days. We accept major credit cards, PayPal, cash, and other listed payment options. You are responsible for providing accurate billing information. Orders are subject to confirmation and fraud checks.
6. HAZARDOUS SUBSTANCES AND PATHOGENS
Any sample or object containing or suspected to contain a pathogen or hazardous substance must be clearly identified and communicated to Harms and Humans before shipping or during the inspection. Harms and Humans reserves the right to refuse any testing which may pose a risk to employees.
7. THIRD-PARTY LINKS
We may link to third-party products (e.g., affiliate links to safer alternatives), which we have previously tested using a representative sample. We are not responsible for the content or conduct of these external sites, nor for any variations in chemical composition that may exist between similar products. Our testing is conducted on a single sample of a given product, and results may not reflect the composition of all items sold under the same name or brand.
8. CONFIDENTIALITY
Harms and Humans agrees that it will not disclose Customer’s Confidential Information related to the provided services to any third party without prior written consent.
Confidential Information includes:
- Personal and contact information of a Customer;
- The list of testing services Customer received;
- The test results generated by Harms and Humans for the Customer.
Confidential Information does not include information that:
- Was possessed by Harms and Humans before receipt from Customer;
- Becomes public through no fault of Harms and Humans;
- Is received lawfully from a third party;
- Is independently developed by Harms and Humans.
Harms and Humans reserves the right to store, reuse, and publicly share anonymized results of testing services for a given product or surface, including any accompanying photographs, without disclosing Customer identity.
9. TERMS, MODIFICATIONS, AND LEGAL MATTERS
- We may update or change the Services at any time.
- These Terms and any disputes arising from them will be governed by and interpreted in accordance with the laws of the Province of Ontario, Canada, without regard to conflict of law principles.
- We may correct content errors or service details at any time.
- Harms and Humans prefers not to provide Services intended for litigation. If results are used in litigation or we are compelled to participate, the Customer agrees to pay all costs incurred, including hourly charges, travel, accommodations, counsel, and document preparation.
10. DISCLAIMERS, LIABILITY, AND DATA
- Our Services are provided “AS IS.”
- Harms and Humans Inc. shall not be liable for any indirect, incidental, or consequential damages arising from the use, interpretation, or distribution of its Services or test results, including but not limited to loss of profits, business interruption, reputational harm, or emotional distress. The Customer assumes full responsibility for any such outcomes and agrees to indemnify and hold harmless Harms and Humans Inc., its officers, employees, and contractors, against any related claims, liabilities, or expenses.
- All testing results are subject to statistical variation and the technical limitations inherent to X-ray fluorescence (XRF) analysis. Reported values represent average observed concentrations; standard deviations are available upon request.
- This allocation of risk reflects the parties’ mutual understanding and is accounted for in the pricing of the Services.
11. CONTACT INFORMATION
If you have any questions or concerns, please contact us at:
Harms and Humans Inc.
440 Laurier Ave W
Ottawa, Ontario K1R 7X6
Email: support@harmsandhumans.com