House of Haptics 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 bracelet, our websites, including www.heybracelet.com, the software embedded in Hey Bracelet devices, the Hey Bracelet software, the Hey Bracelet mobile applications, memberships and other Hey Bracelet services (collectively, the “Service”).
You must accept these Terms to create a Hey bracelet account and to use the Hey Bracelet Service. If you do not have an account, you accept these Terms by visiting www.heybracelet.com or using any part of the Hey Bracelet Service. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT CREATE AN ACCOUNT, VISIT www.heybracelet.com OR USE THE HEY BRACELET 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.heybracelet.com. We will notify you by email, through the Hey Bracelet 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 Hey Bracelet Service after a modification is posted, you are telling us that you accept the modified terms.
Who Can Use Hey Bracelet?
You may connect to the Hey Bracelet Service using a device that is manufactured, distributed, or sold by or on behalf of Hey Bracelet; the Hey Bracelet mobile or www.heybracelet.com (“Authorized Connections”). You may not connect to the Hey Bracelet Service with any device that is not manufactured, distributed, or sold by or on behalf of Hey Bracelet (such as a knock off or counterfeit version of a Hey Bracelet Product); otherwise intends to resemble or purports to be a Hey Bracelet 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 Hey Bracelet Service. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact email@example.com.
Creating an Account
Full use of the Hey Bracelet 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. Hey Bracelet 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 Hey Bracelet Service. These communications are part of the Hey Bracelet 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 Hey Bracelet 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 Hey Bracelet Service and it is your responsibility to ensure the equipment’s functionality.
Hey Bracelet’ Rights
“Hey Bracelet 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 Hey Bracelet Service to you. Hey Bracelet Content, the Hey Bracelet Service and its underlying technology are protected by copyright, trademark, intellectual property, and other laws of the Netherlands 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 Hey Bracelet Service.
What You Can Do On The Hey Bracelet Service
The Hey Bracelet Service is intended for your personal, non-commercial use.
Hey Bracelet grants you a limited, non-exclusive, non-transferable, non-sublicensable license to (1) access and view the Hey Bracelet Content, (2) access and use the software and mobile applications provided by the Hey Bracelet Service, and (3) use the software that is embedded into Hey Bracelet products as authorized in these Terms. This license is provided solely for your personal use and enjoyment of the Hey Bracelet 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 Hey Bracelet Content, Hey Bracelet 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 Hey Bracelet or its licensors, except for the licenses and rights expressly granted in these Terms.
Things You Cannot Do On The Hey Bracelet 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 Hey Bracelet Service: (1) use, display, mirror or frame the Hey Bracelet Service or any individual element within the Hey Bracelet Service, Hey Bracelet’s name, any Hey Bracelet trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Hey Bracelet’s express written consent; (2) access or tamper with non-public areas of the Hey Bracelet Service, Hey Bracelet’s computer systems, or the technical delivery systems of Hey Bracelet’s providers; (3) test the vulnerability of any Hey Bracelet system or breach any security or authentication measures; (4) circumvent any technological measure implemented by Hey Bracelet or any of Hey Bracelet’s providers or any other third party (including another user) to protect the Hey Bracelet Service or Hey Bracelet Content; (5) access the Hey Bracelet Service or Fit Hey Bracelet bit Content through the use of any mechanism other than through the use of an Authorized Connection, Hey Bracelet Service or Hey Bracelet API; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that Hey Bracelet provides to you or any other part of the Hey Bracelet Service.
Our Enforcement Rights
We are not obligated to monitor access or use of the Hey Bracelet Service, Hey Bracelet Content, or Your Content or to review or edit any Hey Bracelet Content, but we have the right to do so for the purpose of operating the Hey Bracelet 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 Hey Bracelet Service, or any Hey Bracelet Content at any time and without notice, and at our sole discretion, if we determine that this content, or your use of the Hey Bracelet 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 Hey Bracelet Service.
Use The Hey Bracelet Service At Your Own Risk
Our goal is to provide helpful and accurate information on the Hey Bracelet Service, but we make no endorsement, representation or warranty of any kind about any Hey Bracelet Content, information, services or recommendations.
We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Hey Bracelet 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 Hey Bracelet Content or the Hey Bracelet Service, you do so solely at your own risk.
Consult Your Doctor Before Using The Hey Bracelet Service
If you have a medical or heart condition, consult your doctor before using the Hey Bracelet Service. If you experience a medical emergency, stop using the Hey Bracelet Service and consult with a medical professional.
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.
Hey Bracelet products use Haptic technology. 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.
Additional Policies Apply To Product Orders
Hey Bracelet’s Terms of Sale and Return Policy and Warranty apply to purchases made through the Hey Bracelet store at www.heybracelet.com. All orders placed are subject to Hey Bracelet’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 Hey Bracelet, or obtained from sources other than you.
Contests And Giveaways
Additional terms and conditions may apply to contests, giveaways and other promotions sponsored by Hey Bracelet 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 Hey Bracelet 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.
We Are Not Responsible For Third-Party Links On The Hey Bracelet Service
The Hey Bracelet Service contains links to third-party websites, apps, services and resources (collectively “Third-Party Services”) that are not under Hey Bracelet’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.
Changes To The Hey Bracelet Service
Hey Bracelet may change or discontinue, temporarily or permanently, any feature or component of the Hey Bracelet Service at any time without notice. Hey Bracelet is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Hey Bracelet Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Hey Bracelet 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.
The Hey Bracelet Service and Hey Bracelet 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 Hey Bracelet Service or Hey Bracelet 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 Hey Bracelet Service or any Hey Bracelet content. You acknowledge and agree that if you rely on any Hey Bracelet Content or the Hey Bracelet Service, you do so solely at your own risk.
You will indemnify and hold harmless Hey Bracelet 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 Hey Bracelet Service, or (ii) 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 Hey Bracelet, its suppliers or licensors, nor any other party involved in creating, producing, or delivering the Hey Bracelet 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 Hey Bracelet service, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Hey Bracelet has been informed of the possibility of such damage, even if a limited remedy set forth herin 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 Hey Bracelet’s total liability arising out of or in connection with these termes or from the use of or inability to use the Hey Bracelet service exceed the amounts you have paid for Hey Bracelet for use of the Hey Bracelet Service or one hundred euros (€100,-), if you have not had any payment obligations to Hey Bracelet, as applicable.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HEY BRACELET AND YOU.
The Agreement and any further Agreements deriving from them, to which these General Terms and Conditions apply, are exclusively governed by Dutch Law.
All disputes, arising from the Agreements, to which these General Terms and Conditions apply, or from other Agreements deriving from them, including their execution, will settled exclusively by the competent court in Amsterdam, The Netherlands.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between House of Haptics and you regarding the Hey Bracelet Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between House of Haptics and you regarding the Hey Bracelet Service and Hey Bracelet 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 House of Haptic’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. House of Haptics 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 House of Haptics under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Hey Bracelet 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.
House of Haptic’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 House of Haptics. 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.
House of Haptics
Kastelenstraat 211 I
1082 EE AMSTERDAM