-  TERMS  -

TERMS OF SERVICE
 

Juvo designs products and tools that track everyday health and fitness to empower and inspire users to lead healthier, more active lives. These Terms of Service (“Terms”) govern your use of our personal fitness and electronic body monitoring products, our websites, including www.juvolabs.com, the software embedded in Juvo devices, the Juvo software, the Juvo mobile applications, memberships and other Juvo services (collectively, the “Juvo Service”). You must accept these Terms to create a Juvo account and to use the Juvo Service. If you do not have an account, you accept these Terms by visiting www.juvolabs.com or using any part of the Juvo Service. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT CREATE AN ACCOUNT, VISIT WWW.JUVOLABS.COM OR USE THE JUVO 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.juvolabs.com. We will notify you by email, through the Juvo 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 Juvo Service after a modification is posted, you are telling us that you accept the modified terms.


Read Our Privacy Policy
Any information that Juvo collects through your use of the Juvo Service is subject to the Juvo Privacy Policy, which is part of these Terms.


Who Can Use Juvo?
You may use the Juvo Service if you are not barred from receiving services under applicable law. You may connect to the Juvo Service using a device that is manufactured, distributed, or sold by or on behalf of Juvo; the Juvo mobile applications; approved third-party applications; or www.juvolabs.com (“Authorized Connections”). You may not connect to the Juvo Service with any device that is not manufactured, distributed, or sold by or on behalf of Juvo (such as a knock off or counterfeit version of a Juvo Product); otherwise intends to resemble or purports to be a Juvo 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 Juvo Service. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact contact@juvolabs.com


Creating an Account
Full use of the Juvo 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. Juvo Labs Pte Ltd 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 Juvo Service. These communications are part of the Juvo 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.


Necessary Equipment
Full use of the Juvo Service is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Juvo Service and it is your responsibility to ensure the equipment’s functionality.


Juvo’s Rights
“Juvo 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 Juvo Service to you. Except for Your Content, Juvo Content, the Juvo Service and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States 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 Juvo Service.


What You Can Do On The Juvo Service
The Juvo Service is intended for your personal, non-commercial use. Juvo grants you a limited, non-exclusive, non-transferable, non-sublicensable license to (1) access and view the Juvo Content, (2) access and use the software and mobile applications provided by the Juvo Service, and (3) use the software that is embedded into Juvo products as authorized in these Terms. This license is provided solely for your personal use and enjoyment of the Juvo 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 Juvo Content, Juvo 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 Juvo or its licensors, except for the licenses and rights expressly granted in these Terms.

 

Things You Cannot Do On The Juvo 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 Juvo Service: (1) use, display, mirror or frame the Juvo Service or any individual element within the Juvo Service, Juvo’s name, any Juvo trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Juvo’s express written consent; (2) access or tamper with non-public areas of the Juvo Service, Juvo’s computer systems, or the technical delivery systems of Juvo’s providers; (3) test the vulnerability of any Juvo system or breach any security or authentication measures; (4) circumvent any technological measure implemented by Juvo or any of Juvo’s providers or any other third party (including another user) to protect the Juvo Service or Juvo Content; (5) access the Juvo Service or Juvo Content through the use of any mechanism other than through the use of an Authorized Connection, Juvo Service or Juvo API; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that Juvo provides to you or any other part of the Juvo Service. Our Enforcement Rights We are not obligated to monitor access or use of the Juvo Service, Juvo Content, or Your Content or to review or edit any Juvo Content or Your Content, but we have the right to do so for the purpose of operating the Juvo 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 Juvo Service, any Juvo Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Juvo Content, Your Content, or your use of the Juvo 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 Juvo Service. 

 

Use The Juvo Service At Your Own Risk
Our goal is to provide helpful and accurate information on the Juvo Service, but we make no endorsement, representation or warranty of any kind about any Juvo Content, information,  services or recommendations. The accuracy of the data collected and presented through the Juvo 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 Juvo 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 Juvo Content or the Juvo Service, you do so solely at your own risk.


Consult Your Doctor Before Using The Juvo Service
The Juvo 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 Juvo Service, engaging in an exercise program or changing your diet. If you experience a medical emergency, stop using the Juvo 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 Juvo Service. If you engage in any exercise program you receive or learn about through the Juvo Service you agree that you do so at your own risk and are voluntarily participating in these activities.


Use Common Sense
Use of the Juvo Service should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany your Juvo product or service, including those located on our Wear and Care page. 

 

DMCA/Copyright Policy
Juvo respects copyright law and expects its users to do the same. It is Juvo’s policy to terminate in appropriate circumstances account holders who repeatedly infringe the rights of copyright holders. All orders placed are subject to Juvo’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 Juvo, or obtained from sources other than you. Our Feedback and Submissions Policy is also part of the Terms. 

 

You Agree to Receive Alerts And Notifications
As part of your use of the Juvo Service, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier. 

 

Changes To The Juvo Service
Juvo may change or discontinue, temporarily or permanently, any feature or component of the Juvo Service at any time without notice. Juvo is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Juvo Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Juvo products without prior notice to you.


Termination
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 Juvo Service or your account, the following provisions of these Terms will survive: Posting Your Content On The Juvo Service; Juvo’s Rights; Our Enforcement Rights; Consult Your Doctor Before Using The Juvo Service; Termination; Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.


Disclaimers
THE JUVO SERVICE AND JUVO 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 Juvo Service or Juvo 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 Juvo Service or any Juvo Content. You acknowledge and agree that if you rely on any Juvo Content or the Juvo Service, you do so solely at your own risk.


Indemnity
You will indemnify and hold harmless Juvo 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 Juvo 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 JUVO, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE JUVO 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 JUVO SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JUVO 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 JUVO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE JUVO SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO JUVO FOR USE OF THE JUVO SERVICE OR TEN DOLLARS ($10), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO JUVO, AS APPLICABLE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN JUVO AND YOU.


Dispute Resolution
You agree that any dispute between you and Juvo arising out of or relating to these Terms of Service, the Juvo Service, or any other Juvo 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 Singapore 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 Juvo, you agree to try to resolve the Dispute informally by contacting support@juvolabs.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 Juvo may bring a formal proceeding.

We Both Agree To Arbitrate: You and Juvo 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 contact@juvolabs.com within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement. The arbitration will be held Singapore or any other location we agree to.

No Class Actions: You may only resolve Disputes with Juvo 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 Juvo agree that any judicial proceeding (other than small claims actions) will be brought in the Singapore court. Both you and Juvo consent to venue and personal jurisdiction there.
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 Juvo products or Juvo 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.


General Terms
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Juvo and you regarding the Juvo Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Juvo and you regarding the Juvo Service and Juvo 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 Juvo’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Juvo 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 Juvo under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Juvo 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. Juvo’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 Juvo. 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.


Contact Us

PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.
Juvo Labs Pte Ltd
71 Ayer Rajah Crescent

#06-11
Singapore 139951
contact@juvolabs.com

© 2016 by Juvo Labs