Terms & Conditions

TERMS OF USE

 

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.

YOUR USE OF SERVICES IMPLIES YOUR AGREEMENT TO THESE TERMS, CONDITIONS, COVENANTS, POLICIES AND NOTICES (THESE “TERMS OF USE”). YOU ARE PROHIBITED FROM USING THE SERVICE IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE.

If you use or access the Service on behalf of an entity, such as a music band or a sports team or a company, then you represent to us that you have the authority to bind such an entity to these Terms of use.

Your use of the Service is subject to BeCurie’s Privacy Policy and these Terms of Use. For purposes of these Terms of Use, the terms “we,” “us” and “our” refer to BeCurie. “You” refers to you, as a user of the Service.

  1. 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.

  1. 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.

You agree that any information you provide to register for the Service will be governed by our Privacy Policy, and you agree to all steps we take to respect your information as per our Privacy Policy.

  1. Grant of a Limited License

If you continue to comply with your agreement to these Terms of Use (including the limitations outlined in Section 4 below), BeCurie grants you a personal, non-assignable, non-transferable, non-exclusive license (without a right to sublicense) to access and use the Service for personal and non-commercial use only. You may not use the Service for any other purpose.

  1. 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
  • Use the Service in any manner that is not expressly permitted by these Terms of Use.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. Changes to Terms of Use

BeCurie may modify and update these Terms of Use at any time at its discretion. BeCurie will publish such changes and updates from time to time by posting a revised policy on the Service and updating the “effective as off”. You must stop using our Services immediately if you are not willing to accept our changes. 

  1. Feedback

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.

  1. 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.

  1. Termination

These terms stay effective until they are terminated. You may terminate these Terms of use by stopping the use of our services (including the BeCurie device) and removing the related services from your mobile phones. 

BeCurie reserves the right to terminate these Terms of Use and/or to permanently or temporarily suspend, withdraw or restrict access to any or all of the Services, at any time, immediately effective with a notice, in the instance of any misconduct which BeCurie, in its sole discretion, considers to be unacceptable or a violation of these Terms of use. If BeCurie terminates or restricts your use and access to the Service, you must immediately stop using all parts of the Service and remove the Service from your mobile device. All sections that, by their very nature, shall survive the termination of these Terms of Use, shall remain in full force and effect regardless of the termination or expiration of these Terms of Use.

  1. 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.

 

  1. Limitation of Liability

IN NO EVENT SHALL THE BeCurie PARTIES BE LIABLE FOR ANY INCIDENTAL, EXEMPLARY, SPECIAL, INDIRECT, LIQUIDATED, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, GOODWILL OR PROFIT, OR DUE TO BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS OR OTHER INTANGIBLE LOSSES), IN CONNECTION WITH THESE TERMS OF USE, THE SERVICE OR USE OF THE SERVICE OR THE DELAY OR INABILITY TO USE THE SERVICE, REGARDLESS OF LEGAL THEORY (INCLUDING NEGLIGENCE), EVEN IF ONE OR MORE BeCurie PARTIES KNEW OR WAS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, BeCurie PARTY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR DUE TO THE USE OR INABILITY TO USE THE SERVICES SHOULD NOT EXCEED THE AMOUNT PAID TO USE THE SERVICES OR $ ONE HUNDRED US DOLLARS ($ 100), IF YOU DID NOT HAVE ANY PAYMENT OBLIGATIONS TO BeCurie, AS APPLICABLE.

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.

  1. Indemnification

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
  • Any damages and/or medical conditions resulting from your use of the Service (including as a result of your failure to comply with Section 7 of these Terms of Use)
  • any violation by you of these Terms of Use or any pertinent laws or any unauthorized 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.

  1. Equitable Remedies

If you violate these Terms of Use, you acknowledge that BeCurie will be irrevocably damaged if these Terms of Use are not specifically enforced, and hence BeCurie shall have the right, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to violations of these Terms of Use, in addition to such other solutions as BeCurie may otherwise have available to it under applicable laws. 

  • Dispute Resolution and Governing Law
  • Informal Negotiations.  To expedite resolution and control the cost of any controversy, dispute or claim related to these Terms of Use (“Dispute”), you and BeCurie consent to first attempt to negotiate any Dispute (unless that Dispute is explicitly mentioned in “exceptions” below) informally for at least thirty (30) days before commencing any arbitration or court proceeding. Such informal negotiations begin upon written notice from one person to the other. BeCurie will dispatch its notice to your billing address and mail you a copy to the email address you have provided to us. Your notice to us should be sent to ………..(BeCurie office address)
  • Binding Arbitration. In case you and BeCurie are not able to resolve a Dispute through informal negotiations, either you or BeCurie may choose to have the Dispute (unless that Dispute is expressly excluded from “exceptions” mentioned below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be administered by the International Institute for Conflict Prevention and Resolution (“CPR”), in accordance with the CPR Rules for Administered Arbitration by a panel of three (3) arbitrators, of whom each party shall designate one, with the third arbitrator to be designated by the two (2) party-appointed arbitrators. Such arbitration shall be conducted in Sweden in the English or Swedish language. The arbitrators shall establish procedures under which each party will be entitled to conduct discovery and shall award to the prevailing party in any such dispute the costs and expenses of the proceeding, including reasonable attorneys’ fees. The arbitration shall be governed by Swedish Law, and except as set forth below, the arbitral award shall be final, binding and incontestable and judgment thereon may be entered in any court of competent jurisdiction. The arbitrators shall award only such damages as are permitted to be awarded under these Terms of Use, each party expressly waives and forgoes any right to punitive, exemplary or similar damages unless applicable law prohibits such waiver. The arbitrators must render their award within thirty (30) days following the last hearing scheduled by the arbitrators and at that time state the reasons for their award in writing. An appeal may be taken under the CPR Arbitration Appeal Procedure from any final award of an arbitral panel in any arbitration arising out of or related to these Terms of Use that is conducted under such procedure. Unless otherwise agreed by the parties and the appeal tribunal, the appeal shall be conducted at the place of the original arbitration.
  • 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.

 

  1. Governing Law

Except as expressly stated otherwise, these Terms of Use shall be governed by, and will be construed under, the laws of India, regardless of the choice of legal principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

  1. Google Play / Apple App Store

The following terms only apply if you’re using the BeCurie app downloaded from Google Play or Apple App Store. To the extent, the other terms and conditions of the Terms of Use are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to use of any BeCurie App downloaded from the Google Play / Apple App Store. You recognize and accept that these Terms of Use are solely between you and BeCurie, not Google Play Store / Apple App Store, and that Google Play Store / Apple App Store has no liability for the BeCurie App or content thereof. Your use of the BeCurie App must fall in with the Terms and Conditions of Google Play Store / Apple App Store. You acknowledge that Google Play Store / Apple App Store has no liability at all to issue any support and maintenance services with respect to the BeCurie Google Play Store / Apple App Store. In case the BeCurie App fails to adhere to any applicable warranty, you may notify Google Play Store / Apple App Store, and Google Play Store / Apple App Store will refund the purchase price, if any, for the BeCurie App to you; to the maximum extent permitted by applicable law, Google Play Store / Apple App Store will have no other warranty obligation whatsoever with respect to the BeCurie App, and any other losses, damages, claims, liabilities, expenses or costs attributable to any failure to adhere to any warranty will be solely governed by these Terms of Use. You and BeCurie both accept that Google Play Store / Apple App Store is not accountable for addressing any claims of you or any third party relating to the BeCurie App or your use and/or possession of the BeCurie App, including, but not limited to: (1) product liability claims (2) claims that the BeCurie App does not comply with any applicable legal or regulatory requirement (3) claims to arise under consumer protection or similar legislation. Both You and BeCurie agree that, in the case of any third party claim that the BeCurie App or your possession and use of that BeCurie App violate that third party’s intellectual property rights, BeCurie, not Google Play or Apple, will be solely liable for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You must strictly abide by the applicable third-party terms of agreement when using the BeCurie App.

  1. General Provisions
  • Assignment. BeCurie may assign these Terms of Use, partly or fully, to any entity or person at any time with or without your consent. You may not assign these Terms of Use, pledge, or sublicense, assign, or otherwise share or transfer the benefit of any or all of your rights, if any, in the Service, and any attempt to the contrary is void.
  • Severability. If any provision of these Terms of Use shall be void, unlawful, or for any reason is unenforceable, then that provision will be termed severable from these Terms of Use and will have no effect on the validity and enforceability of any remaining 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.
  • Entire Agreement. These Terms of Use are the complete, unique and exclusive statement of the agreement between you and BeCurie regarding the Service, and these Terms of Use supplant any prior or contemporaneous agreement, either written or oral, and any other communications with regard thereto between you and BeCurie.
  • Headings. The section titles used here are for reference only and can not be read for any legal effect.

 

  1. Contact

Contact us at ……….(website) in case you have any questions in connection with these Terms of Use.