Terms & Conditions
Effective as of April 25, 2019
THESE TERMS GOVERN THE RIGHTS AND RESPONSES TO YOUR USE OF THE BECURIE DEVICE, THE BECURIE WEBSITE AND APPLICATION (CURRENT AND FUTURE VERSIONS), AND RELATED CONTENT, MATERIAL AND / OR SERVICES, INCLUDING ANY SUPPORT SERVICES RECEIVED FROM BECURIE AND CREATE A LEGALLY BINDING AGREEMENT BETWEEN BOTH THE PARTIES.
- Requirements to Use the Service
This service is provided and available to customers 18 years of age or older and living in countries where BeCurie is available. Furthermore, this service is provided only to customers who are capable of giving consent. By using the Service, you represent and guarantee that you are of legal age to enter into an agreement with Becurie and meet all of the above eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.
This service may only be used with devices manufactured, distributed or sold under BeCurie. You must not connect to the Service with any device that is not manufactured, distributed, or sold by BeCurie (such as a knockoff or fake version of the BeCurie device); Otherwise wants to be identical to or impersonates BeCurie device; Or unauthorized use of third party connection. Violations or attempts to breach these Terms may immediately deprive you of access to the Services.
- Account; Account Security
To use the service, you need to create an account by providing us with the correct email address. You can access your account information at any time through the service. You acknowledge that you will provide reliable, accurate and complete information to BeCurie and will update such information immediately if it changes. If you use the service at the enterprise level for multiple personal user accounts, you must appoint one user as the administrative user, responsible for registration, and, if necessary, editing the account information. Any change in the name of the admin user must be submitted to BeCurie by the current admin user. If any of the information you provide is false, inaccurate, not current, or incomplete, BeCurie may stop providing you with the services.
You are responsible for maintaining the confidentiality of your account and for any activity that may result from the use of your account. You acknowledge: (i) immediately reporting unauthorized access or use of your account or any other security breach; And (ii) ensuring that your account, computer and mobile device are protected from third-party access. BeCurie is not responsible for any loss or damage caused by your failure to comply with this section.
- Grant of a Limited License
- License Limitations
You agree that you will not and will not allow any party to:
- Copy, transmit, distribute, reproduce, duplicate, modify, publish, display, perform, license, create derivative works from, or offer for sale any information contained on or from the Service or through the Service;
- Decompile, decrypt, reverse engineer, duplicate, disassemble, or decode any services (including any underlying idea or algorithm), or attempt to do any of them;
- Use, reproduce or remove any images, copyrights, trade names, logos, slogans, trademarks, graphics, service marks or other proprietary notices displayed on or through the Service;
- Frame or use any framing technique to enclose any logo, trademark, or other proprietary information (including text, images, page layout or form) of BeCurie without our express permission;
- Attempts to gain unauthorized access to the Service, disrupt, damage or interfere with the accounts registered for other users or computer systems or networks connected to the Service.
- Remove, degrade, replace, disable, circumvent, alter, demote, thwart or fail any technical measures or content protections of the Service;
- Use of any crawler, spider, robot or other automated device, queries, software, process or search that intercepts, “mines,” scrapes, or otherwise accesses the Service to monitor, copy, extract, or collect the data from or through the service, or do the same through a manual procedure;
- Not introduce worms, viruses, logic bombs, trojan horses, or other materials that are malicious or technically harmful;
- Use the Service for unethical, harassing, disruptive or illegal purposes;
- Violate any applicable regulation or law regarding your use of the Service; Or
- Data and Intellectual Property Ownership
Between you and BeCurie, all software (including source code), icons, logos, service, text, graphics, the service’s ”look and feel”, video clips, sound clips, images, content, instructions, data, information, notices, page layout, and selection and arrangement of content and all copyrights, trade secrets, patents, trademarks and other intellectual property rights are under the sole proprietorship of BeCurie and are protected by Indian and international copyright laws, trade secrets, or other intellectual property laws and treaties. BeCurie and its licensors retain all rights regarding the service and its content including, but not limited to, the exclusive right to create derivative works therefrom. You have no right, interest or title in or to the Service and any such content, except as limited to the licenses granted to you in Section 3.
- Third Party Websites, Apps or Resources
This service may include links to other third party websites, applications or resources (“third-party sites”). These third-party sites are provided solely for your convenience and are not reviewed, controlled, monitored, researched, sponsored, examined, or endorsed by BeCurie and BeCurie is not responsible for any third-party site information, advertisements, products, resources or other content, or any Link mentioned on a third-party site. YOUR USE OF THIRD PARTY SITES IS AT YOUR SOLE RISK. Neither of the BeCurie Parties (as defined in Section 14) shall be directly or indirectly responsible or liable for the loss or damage caused by or in relation with the use of, inability to use or dependence on any such materials, goods, content or services available on third party sites.
- Consult Your Doctor Before Using the Service
Our goal is to provide a helpful service, but we make no endorsement, representation, or warranty of any services, information or recommendations available on the Service. The accuracy of the data collated and presented through the Service is not intended to match that of medical instruments or scientific measuring devices. The purpose of the service is not to diagnose or treat any medical condition or disorder. If you have a medical condition, please consult your physician before using the service or participating in any exercise program. It is advisable to not opt for this service if you:
- Are incapable of giving consent
- Are a pregnant or possibly pregnant woman
- Have an active, implanted medical device such as a defibrillator, pacemaker or any other neurostimulator
- Have a skull defect or implant in the skull
- Have a history of seizures
- Moreover, the BeCurie system and the BeCurie device should not be used in any way contradictory to the instructions provided by BeCurie. The device should not be used on broken skin.
In case you experience a medical emergency, stop using the service and consult a medical professional. We are not responsible for any health issues arising from the events you learn about through the service, training programs, products or consultations. If you participate in any exercise program that you receive or learn about through the Service, you are consenting to do that at your own risk and are participating in these activities voluntarily.
- Alerts and Notifications
You may receive alerts or notifications, text messages or emails as part of your use of the Service. You agree to receive this communication. You can restrict the receipt of non-service related communication from your account settings. You are responsible for any data fees or communication costs incurred through your wireless carrier.
- Notice of Infringement – DMCA Policy
Anyone who believes their work has been reproduced in this service, in a manner that constitutes copyright infringement may submit a notice to BeCurie’s copyright agent under the Digital Millennium Copyright Act (“DMCA”) by providing in writing the following information:
- Identification of the copyrighted work that is claimed to be infringed
- Identification of the alleged infringing content that has been requested to be removed, including details of where it is on the service
- Address, telephone number and, if available, email address and any other information for our copyright agent to contact you
- A statement which states that you firmly believe that the use of the identified infringement is not authorized by copyright owners, its agents or the law
- A statement that the above information is true and under false pretences, that you are the copyright owner or the authorized person to act on behalf of the copyright owner
- An electronic or physical signature of a person who is authorized to act on behalf of the copyright owner or of an exclusive right that is allegedly infringed.
If you are claiming an infringement of intellectual property rights other than copyright, please specifically mention intellectual property right at issue in your written notice. In case of failure of compliance with the necessities for a notice of infringement as mentioned above, your DMCA notice may be considered invalid.
Notifications of copyright infringement claims must be mailed to: …………………..(website address) BeCurie will respond promptly to claims of copyright infringement using the services provided to BeCurie’s copyright agent in the notification mentioned above. It is the policy of BeCurie, under reasonable circumstances and at its sole discretion, to terminate or disable the accounts of users who repeatedly infringe the copyrights or intellectual property rights of others.
As our service users, we may occasionally request your opinions and feedback on the service and other information regarding your experience and practice related to the service. Inputs, information and feedback received from you become our property, transferring all rights to such input, information and feedback to us which can be used by us for business and other purposes, including continuous efforts to improve our services.
- Payment failure
If the BeCurie customer is unable to complete the payment date (as described in the payment and pricing terms agreed upon by BeCurie and the customer at the time of purchase), BeCurie reserves the right to duly demand payment from the user in full for the purchased products and services.
In the case of subscription-based payments, BeCurie reserves the right to issue invoices to request missing payments if the customer has not completed the required payments.
BeCurie may hire a third party to request and obtain a pending payment from a customer if the customer has not paid the amount requested in the invoice. BeCurie reserves the right to issue an invoice after notifying the customer of a payment failure and requesting action by emailing the customer at least twice for more than a month or longer.
- Warranty Disclaimer
Services may be temporarily interrupted sometimes due to maintenance or other reasons. BeCurie is not responsible for operational or transmission delays, interruptions, destruction or theft of, unauthorized access to, or modification of, other content provided through the service.
Except for the warranty stated at ……….(link to warranty & returns page) in connection with the BeCurie devices and support services that BeCurie provides to you, you shall acknowledge and agree that:
- THIS SERVICE IS PROVIDED “AS AVAILABLE” AND “AS IS”, WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND.
- NEITHER OF THE BeCurie, ITS AFFILIATES, SUPPLIERS, LICENSORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, OWNERS OR ANY OTHER PERSON INVOLVED IN DISTRIBUTING, PRODUCING OR CREATING ANY SERVICES OR CONTENT CONTAINED ON THE SERVICE (THE BeCurie PARTIES) MAKE ANY OTHER WARRANTIES OR REPRESENTATIONS, IMPLIED OR EXPRESS, AND HEREBY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR DATA PROCESSING, DATA, INFORMATION, RELIABILITY, LIKELY RESULTS, COMPLETENESS, ACCURACY, UPTIME OR ERROR-FREE OR UNINTERRUPTED ACCESS AND ANY IMPLIED WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR USE, QUALITY, MERCHANTABILITY OR OTHER VIOLATIONS OF RIGHTS. NONE OF THE BeCurie PARTIES IS RESPONSIBLE OR LIABLE FOR ANY DAMAGES TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY AFFECT YOUR DEVICE IN CONNECTION WITH USE OF OR VIEWING OF OR ACCESS TO THE SERVICE.
- Limitation of Liability
THE AFOREMENTIONED LIMITATIONS SHALL APPLY EVEN IF ANY OF THE FOREGOING REMEDIES FAILS OF ITS ESSENTIAL PURPOSE. As some jurisdictions or states do not allow the limitation or the exclusion of liability for incidental or consequential damages, in such jurisdictions or states, the liability of BeCurie Parties shall be restricted to the fullest extent that the law permits. HENCE, THE AFOREMENTIONED LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT THAT THE LAW PERMITS.
You agree to indemnify and hold each of the BeCurie Parties harmless from and against, any and all liabilities, losses, damages, expenses, penalties or fines incurred by the BeCurie Parties in connection with any claims, causes of action or demands against the BeCurie Parties arising out of or related to:
- Your use of the Service or access to it
- Any fraud or dishonesty you commit in connection with your use of the Service
We reserve the right to assume control of the defence of any third-party claim that is subject to indemnification by you, in which case you will cooperate with us in establishing any available defences.
- Equitable Remedies
- Dispute Resolution and Governing Law
- Restrictions. Both You and BeCurie consent that any arbitration shall be restricted to the Dispute between BeCurie and you individually. To the full extent permitted by law, (1) No arbitration shall be combined with any other (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. Any dispute that is not subject to arbitration, or where no election for arbitration has taken place, will be decided by a court of competent jurisdiction within Sweden, and you consent to submit to the personal jurisdiction of that court.
- Exceptions to Informal Negotiations and Arbitration. You and BeCurie agree that the following disputes are not subject to the above terms of informal negotiations and binding arbitration: (1) any Disputes demanding protection or enforcement, or regarding the validity of, any of your or BeCurie’s intellectual property rights (2) any Dispute concerning to, or emerging from, allegations of theft, piracy, invasion of privacy or unauthorized use (3) any claim for injunctive relief.
- Governing Law
- Google Play / Apple App Store
- General Provisions
- No Waiver. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any prior or upcoming breach or default.
- Headings. The section titles used here are for reference only and can not be read for any legal effect.