DATE OF LAST UPDATE: 2017-02-07
Lifee designs products, tools and games that track everyday activity to empower and inspire users to lead healthier, more active lives. These Terms of Service (“Terms”) govern your use of our activity bands, our websites, including www.lifee.com, the software embedded in Lifee devices, the Lifee mobile applications, memberships and other Lifee services (collectively, the “Lifee Service”).
You must accept these Terms to use the Lifee Service. If you do not have an account, you accept these Terms by visiting www.lifee.com or using any part of the Lifee Service. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT CREATE AN ACCOUNT, VISIT WWW.LIFEE.COM OR USE THE LIFEE SERVICE.
These Terms May Change
These Terms will change over time. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on www.lifee.com. We will notify you by email, through the Lifee Service, or by presenting you with a new Terms of Service to accept if we make a modification that materially changes your rights. When you use the Lifee Service after a modification is posted, you are telling us that you accept the modified terms.
Who Can Use Lifee?
You may use the Lifee Service if you are over 3 years of age and are not barred from receiving services under applicable law. You may connect to the Lifee Service using a device that is manufactured, distributed, or sold by or on behalf of Lifee; the Lifee mobile applications; approved third-party applications; or www.lifee.com (“Authorized Connections”). You may not connect to the Lifee Service with any device that is not manufactured, distributed, or sold by or on behalf of Lifee (such as a knock off or counterfeit version of a Lifee Product); otherwise intends to resemble or purports to be a Lifee Product; or any unauthorized application or-third party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Lifee Service. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact firstname.lastname@example.org.
Creating an Account
Some parts of the Lifee Service requires that you create an account by providing us with a valid email address and strong password. You are responsible for all activity that occurs in association with your account. Lifee is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.
We may need to contact you about your use of the Lifee Service. These communications are part of the Lifee Service and you may not opt-out from receiving them. You can manage and opt-out from receiving other communications and keep your email address up-to-date from your account settings.
Full use of the Lifee Service is dependent upon your use of a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Lifee Service and it is your responsibility to ensure the equipment’s functionality.
Posting Your Content On The Lifee Service
You may post comments, images and other content (“Your Content”) to the Lifee Service. You retain all rights to Your Content that you post to the Lifee Service. By making Your Content available on or through the Lifee Service you grant to Lifee a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute Your Content only in connection with operating and providing the Lifee Service.
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use and provision of Your Content on the Lifee Service will not: (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
You also agree that Your Content will comply with the following community guidelines:
Be respectful of the opinions of others. Even though you might not agree with someone, that doesn’t mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return.
Do not post profane or explicit content.
Do not post profile pictures that might be considered inappropriate.
Do not post communications that could be interpreted as threatening or harassing.
Do not post, advertise, or promote products or services commercially.
“Lifee Content” includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Lifee Service to you. Except for Your Content, Lifee Content, the Lifee Service and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the Sweden and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Lifee Service.
What You Can Do On The Lifee Service
The Lifee Service is intended for your personal, non-commercial use.
Lifee grants you a limited, non-exclusive, non-transferable, non-sublicensable license to (1) access and view the Lifee Content, (2) access and use the software and mobile applications provided by the Lifee Service, and (3) use the software that is embedded into Lifee products as authorized in these Terms. This license is provided solely for your personal use and enjoyment of the Lifee Service as permitted in these Terms.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Lifee Content, Lifee Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Lifee or its licensors, except for the licenses and rights expressly granted in these Terms.
Things You Cannot Do On The Lifee Service
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Lifee Service: (1) use, display, mirror or frame the Lifee Service or any individual element within the Lifee Service, Lifee’s name, any Lifee trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Lifee’s express written consent; (2) access or tamper with non-public areas of the Lifee Service, Lifee’s computer systems, or the technical delivery systems of Lifee’s providers; (3) test the vulnerability of any Lifee system or breach any security or authentication measures; (4) circumvent any technological measure implemented by Lifee or any of Lifee’s providers or any other third party (including another user) to protect the Lifee Service or Lifee Content; (5) access the Lifee Service or Lifee Content through the use of any mechanism other than through the use of an Authorized Connection, Lifee Service or Lifee API; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that Lifee provides to you or any other part of the Lifee Service.
Our Enforcement Rights
We are not obligated to monitor access or use of the Lifee Service, Lifee Content, or Your Content or to review or edit any Lifee Content or Your Content, but we have the right to do so for the purpose of operating the Lifee Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the Lifee Service, any Lifee Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Lifee Content, Your Content, or your use of the Lifee Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Lifee Service.
Use The Lifee Service At Your Own Risk
Our goal is to provide helpful and accurate information on the Lifee Service, but we make no endorsement, representation or warranty of any kind about any Lifee Content, information, services or recommendations. The accuracy of the data collected and presented through the Lifee Service is not intended to match that of medical devices or scientific measurement devices.
We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Lifee Service. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate or incomplete. If you rely on any Lifee Content or the Lifee Service, you do so solely at your own risk.
Consult Your Doctor Before Using The Lifee Service
The Lifee Service is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using the Lifee Service, engaging in an exercise program or changing your diet. If you experience a medical emergency, stop using the Lifee Service and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the Lifee Service. If you engage in any exercise program you receive or learn about through the Lifee Service you agree that you do so at your own risk and are voluntarily participating in these activities.
Prolonged contact with wearable devices may contribute to skin irritation or allergies in some users. To reduce irritation, follow four simple wear and care tips: (1) Keep it clean; (2) keep it dry; (3) don’t wear it too tight, and (4) give your wrist a rest by removing the band for an hour after extended wear. If you notice any skin irritation, remove your device. If symptoms persist longer than 2-3 days after removing the device, consult your doctor.
Consult your doctor prior to use if you (1) have a medical or heart condition, (2) are taking any photosensitive medicine, (3) have epilepsy or are sensitive to flashing lights, (4) have reduced circulation or bruise easily, or (5) have tendonitis, carpal tunnel syndrome, or other musculoskeletal disorders. If you feel soreness, tingling, numbness, burning or stiffness in your hands or wrists while or after wearing the product, please discontinue use.
Use Common Sense
Use of the Lifee Service should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany your Lifee product or service, including those located on our Wear and Care page.
Lifee respects copyright law and expects its users to do the same. It is Lifee’s policy to terminate in appropriate circumstances account holders who repeatedly infringe the rights of copyright holders.
Additional Policies Apply To Product Orders
Lifee’s Terms of Sale and Return Policy and Warranty apply to purchases made through the Lifee store at www.lifee.com. All orders placed are subject to Lifee’s acceptance. We may accept, decline, or place limits on your order for any reason.
Feedback And Submissions Policy
If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Lifee, or obtained from sources other than you. Our Feedback and Submissions Policy is also part of the Terms.
Contests And Giveaways
Additional terms and conditions may apply to contests, giveaways and other promotions sponsored by Lifee and its partners. It is your responsibility to carefully review those terms and conditions.
You Agree to Receive Alerts And Notifications
As part of your use of the Lifee Service, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
We Are Not Responsible For Third-Party Links On The Lifee Service
The Lifee Service contains links to third-party websites, apps, services and resources (collectively “Third-Party Services”) that are not under Lifee’s control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third-Party Services. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Services.
Lifee Does Not Control Third-Party Services That You Link With Your Lifee Account
Changes To The Lifee Service
Lifee may change or discontinue, temporarily or permanently, any feature or component of the Lifee Service at any time without notice. Lifee is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Lifee Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Lifee products without prior notice to you.
If you violate these Terms, we reserve the right to deactivate your account or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your account. You may cancel your account at any time by contacting Customer Support. Upon any termination, discontinuation or cancellation of the Lifee Service or your account, the following provisions of these Terms will survive: Posting Your Content On The Lifee Service; Lifee’s Rights; Our Enforcement Rights; Consult Your Doctor Before Using The Lifee Service; Termination; Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.
THE LIFEE SERVICE AND LIFEE CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Lifee Service or Lifee Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Lifee Service or any Lifee Content. You acknowledge and agree that if you rely on any Lifee Content or the Lifee Service, you do so solely at your own risk.
You will indemnify and hold harmless Lifee and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the Lifee Service, (ii) Your Content, or (iii)your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Limitation Of Liability
NEITHER LIFEE, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE LIFEE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE LIFEE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LIFEE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL LIFEE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE LIFEE SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO LIFEE FOR USE OF THE LIFEE SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO LIFEE, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LIFEE AND YOU.
You agree that any dispute between you and Lifee arising out of or relating to these Terms of Service, the Lifee Service, or any other Lifee products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law: The Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the Sweden without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Lifee, you agree to try to resolve the Dispute informally by contacting email@example.com. We’ll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Lifee may bring a formal proceeding.
We Both Agree To Arbitrate: You and Lifee agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting firstname.lastname@example.org within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.
No Class Actions: You may only resolve Disputes with Lifee on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under our agreement.
Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Lifee agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Sweden. Both you and Lifee consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Lifee products or Lifee Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Lifee and you regarding the Lifee Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Lifee and you regarding the Lifee Service and Lifee Content. If for any reason a court of competent jurisdiction finds any provision of these Terms 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.
You may not assign or transfer these Terms, by operation of law or otherwise, without Lifee’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Lifee may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Lifee under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Lifee Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Lifee’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 Lifee. 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.
Additional Terms May Apply
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.