Terms of Service

HerzP1 Smart Ring

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Last Updated: January 17, 2025
Agreement to Terms
By accessing or using the HerzP1 Smart Ring, mobile application, website, or any related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you and HerzP1 Technologies Inc. ("HerzP1," "we," "us," or "our"). By creating an account, purchasing a HerzP1 Smart Ring, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Eligibility

You must be at least 13 years of age to use our Services (or 16 in certain jurisdictions where required by law). If you are under 18, you must have permission from a parent or legal guardian to use the Services.

By using the Services, you represent and warrant that:

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Services, you must create an account. You agree to:

3.2 Account Responsibility

You are solely responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to maintain account security.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or for any other reason at our discretion.

4. Use of Services

4.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use.

4.2 Prohibited Uses

You agree not to:

4.3 User Content

You retain ownership of any content you submit through the Services. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content in connection with providing the Services.

5. Health and Medical Disclaimer

IMPORTANT HEALTH INFORMATION

The HerzP1 Smart Ring is NOT a medical device and is not intended to diagnose, treat, cure, or prevent any disease or medical condition. The Services are designed for general fitness and wellness purposes only.

You acknowledge and agree that:

6. Product Purchase and Payment

6.1 Pricing

All prices are listed in U.S. Dollars unless otherwise stated. We reserve the right to change prices at any time without prior notice. Price changes will not affect orders already placed.

6.2 Payment

Payment is due at the time of purchase. We accept major credit cards, debit cards, and other payment methods as displayed during checkout. By providing payment information, you represent that you are authorized to use the payment method.

6.3 Taxes

You are responsible for any applicable taxes, duties, or customs fees associated with your purchase.

6.4 Order Acceptance

We reserve the right to refuse or cancel any order for any reason, including product availability, errors in pricing or product information, or suspected fraudulent activity.

7. Shipping and Delivery

Shipping times and costs vary based on your location and selected shipping method. We are not responsible for delays caused by customs, weather, or other events beyond our control.

Risk of loss and title for products pass to you upon delivery to the carrier. You are responsible for ensuring the accuracy of your shipping address.

8. Returns and Refunds

8.1 Return Policy

We offer a 30-day return policy from the date of delivery. Products must be returned in original condition with all packaging and accessories. Customized or personalized products may not be eligible for return.

8.2 Refund Process

Refunds will be processed to the original payment method within 7-10 business days after we receive and inspect the returned product. Shipping costs are non-refundable unless the return is due to our error.

8.3 Warranty Claims

Warranty claims are handled separately from returns. Please refer to our Warranty Policy for details on warranty coverage and claims process.

9. Subscription Services

If you subscribe to any premium features or services:

9.1 Billing

9.2 Cancellation

10. Intellectual Property

10.1 Our Property

The Services, including all content, features, functionality, software, designs, text, graphics, logos, and trademarks, are owned by HerzP1 or our licensors and are protected by copyright, trademark, and other intellectual property laws.

10.2 Limited License

You may not copy, modify, distribute, sell, or lease any part of our Services without our express written permission.

10.3 Feedback

If you provide feedback, suggestions, or ideas about the Services, we may use them without any obligation to you.

11. Third-Party Services

Our Services may integrate with or contain links to third-party services, websites, or applications. We are not responsible for the content, privacy practices, or functionality of third-party services. Your use of third-party services is at your own risk and subject to their terms and conditions.

12. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.

13. Disclaimers and Limitations of Liability

13.1 Service "As Is"

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

13.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HERZP1 SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

13.3 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless HerzP1, its affiliates, officers, directors, employees, agents, and licensors from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

15. Dispute Resolution

15.1 Informal Resolution

Before filing a claim, you agree to contact us and attempt to resolve the dispute informally by sending a written notice to our address below.

15.2 Binding Arbitration

Any dispute arising from or relating to these Terms or the Services that cannot be resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

Arbitration will be conducted in San Francisco, California, unless both parties agree otherwise. The arbitrator's decision will be final and binding.

15.3 Class Action Waiver

You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class action, consolidated action, or representative action. You waive your right to participate in a class action lawsuit or class-wide arbitration.

15.4 Small Claims Court

Either party may bring a claim in small claims court if it qualifies, instead of arbitration.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

17. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Services.

18. Termination

18.1 By You

You may stop using the Services at any time and delete your account through your account settings.

18.2 By Us

We may suspend or terminate your access to the Services at any time for any reason, including:

18.3 Effect of Termination

Upon termination, your right to use the Services will immediately cease. We may delete your account and data, though we may retain certain information as required by law or for legitimate business purposes.

19. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

20. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and HerzP1 regarding the Services and supersede all prior agreements and understandings.

21. Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

22. No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

23. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of government, or network failures.

24. Export Compliance

You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in a country subject to U.S. government embargo or designated as a "terrorist supporting" country.

25. Contact Information

If you have any questions, concerns, or disputes regarding these Terms of Service, please contact us: legal@officialofficialherzp1.com

Email: legal@officialofficialherzp1.com
Phone: +1 (555) 123-4567
Support: support@officialherzp1.com

Important Reminder: The HerzP1 Smart Ring is designed for fitness and wellness purposes only. It is not a medical device and should not be used to diagnose, treat, cure, or prevent any disease. Always consult with a qualified healthcare professional for medical advice.