App Terms of Use
ZENITH RING TERMS OF USE
Welcome and thank you for your interest in Zenith Ring! You are reviewing these Terms of Use because you use or have purchased, or are considering purchasing or using, the Zenith Ring Services (the "Zenith Ring Services"), consisting of a smart ring or other electronic device (the "Zenith Ring Product") to be used with the Zenith Ring mobile application (the "Mobile App").
THESE TERMS OF USE ARE A LEGAL AGREEMENT BETWEEN YOU AND EASTCOMMERCE MARKETPLACE LLC. PLEASE READ THEM THROUGH CAREFULLY BEFORE USING ANY ZENITH RING SERVICES. By using any Zenith Ring Services, you signify your agreement to these Terms of Use (the "Terms of Use"). If you do not agree to these Terms of Use, you may not use the Zenith Ring Services and should not purchase the Zenith Ring Services.
The Zenith Ring Services have been developed and are owned by Eastcommerce Marketplace LLC, which is referred to as "us", "we", or "our" in these Terms of Use. You are referred to as "you" or "your" in these Terms of Use.
Support and Questions
If you have any questions about the installation or use of the Zenith Ring Services or have technical difficulties, you will find FAQs on our Website at zenithring.com or you may e-mail us at contact@zenithring.com.
Changes to Services and Terms
We may change or discontinue, in whole or in part, the Zenith Ring Services at any time without notice. You acknowledge that we are not liable to you or to any third party for any such action.
We may modify these Terms of Use from time to time. The most current Terms of Use will be available on our home page, and the date of the latest update is indicated at the top of these Terms of Use. We may communicate major changes with a special notice on the Zenith Ring Services or by email. You accept such modified Terms of Use by continuing the use of the Zenith Ring Services.
Requirements for Use of the Zenith Ring Services
You represent and warrant that you are aged 18 years or older and have the legal authority to accept these Terms of Use on your own behalf or any party you represent.
The full Zenith Ring experience requires the Zenith Ring Product, Internet access to the Mobile App and Website, and other required software (if any). You are responsible for obtaining your own Internet access and mobile device to access the Zenith Ring Services.
Corporate Contact Info
Mailing Address: Zenith Ring - Eastcommerce Marketplace LLC, 30 N Gould St STE 100 Sheridan, Wyoming 82801
Phone: +1-646-631-1889
Privacy Policy
The Zenith Ring Services are subject to the Zenith Ring Privacy Policy, which can be found at https://zenithring.com/pages/app-privacy-policy.
Limited License and Ownership of the Zenith Ring Services
You are hereby granted a non-exclusive, revocable, and nontransferable license to use the Zenith Ring Services in accordance with these Terms of Use.
Eastcommerce Marketplace LLC or its licensors own all title and rights to the Zenith Ring Services, including, but not limited to, all copyrights, trademarks, know-how, and other intellectual property rights included therein. You may not reproduce, transfer, distribute, store, modify, decompile, disassemble, or create derivative works of, publicly display, or commercially exploit any part of the Zenith Ring Services except as necessary for your own non-commercial use.
Governing Law and Disputes
These Terms of Use shall be governed by and construed in accordance with the laws of the USA, without regard to the principles of conflicts of law of any jurisdiction.
Precautions
Please note that Zenith Ring Services are not intended to diagnose, treat, cure, or prevent any disease or medical condition. The information and guidance in the Zenith Ring Services are there for informational purposes only and cannot replace the services of health professionals or physicians. You should always consult a physician before making any changes to your sleep or activity based on information or guidance of the Zenith Ring Services, or if you have any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on or through the Zenith Ring Services. We are not responsible for any health problems that may result from information or guidance you learn about through the Zenith Ring Services. If you make any change to your sleep or activity based on the Zenith Ring Services, you agree that you do so fully at your own risk.
Please be cautious that the Zenith Ring product you are wearing does not get caught on fixed structures or heavy objects when moving yourself or moving said heavy objects.
If you experience redness or skin irritation on your finger due to the Zenith Ring product, remove it immediately. If symptoms persist longer than 2-3 days of not using your Zenith Ring Product, please contact a dermatologist.
Indemnity
You agree to defend, indemnify, and hold Eastcommerce Marketplace LLC and its partners, affiliates, service providers, licensors, officers, directors, employees, and agents harmless from and against any claims, actions, or demands, including but not limited to reasonable legal and accounting fees, alleging or resulting from: (a) your violation of these Terms of Use; or (b) your violation of Eastcommerce Marketplace LLC's intellectual property rights, any third party rights, or any applicable law when using the Zenith Ring Services.
Content and Warranty Disclaimer
Except for the limited warranty for the ring forth below, the ring and the Zenith Ring Services are provided by EASTCOMMERCE MARKETPLACE LLC and its affiliates “As is.”
Neither Eastcommerce Marketplace LLC's partners, suppliers, nor affiliates make any representations or warranties of any kind, express or implied, as to the operation of the Zenith Ring Services (Including the ring), its contents, or any information made available by or through the Zenith Ring Services. In addition, Eastcommerce Marketplace LLC and its partners, suppliers, and affiliates disclaim all warranties with respect to the Zenith Ring Services (Including the ring), express or implied, including but not limited to the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement.
Limited Warranty for the Ring
Eastcommerce Marketplace LLC warrants to the original end-user purchaser that the ring is free from defects in material and workmanship for one (1) year from the date of purchase.
This limited warranty does not apply to (i) normal wear and tear, including scratches and dents; (ii) consumable parts included in the ring such as batteries, unless product damage has occurred due to a defect in materials or workmanship; (iii) damage resulting from your failure to use the ring in accordance with the instructions accompanying the ring or available on our website; (iv) damage resulting from an accident, flood, fire, misuse, or abuse; (v) damage resulting from service performed, or damage resulting from tampering or alterations to the ring, by anyone not authorized by Eastcommerce Marketplace LLC; or (vi) use of the ring with any other application or software than the Zenith Ring mobile app.
Limitation of Liability
In no event will Eastcommerce Marketplace LLC or any of its affiliates be liable for direct, indirect, incidental, punitive, or consequential damages (Including without limitation those resulting from lost profits, lost data, or business interruption) arising out of the use, inability to use, or the results of use of the ring and the Zenith Ring Services, whether such damages are based on warranty, contract, tort, or any other legal theory and whether or not Eastcommerce Marketplace LLC has been advised of the possibility of such damages. The aggregate liability of Eastcommerce Marketplace LLC, arising from or relating to the ring and Zenith Ring Services (Regardless of the form of action or claim, e.g., Contract, warranty, tort, strict liability, negligence, or any other legal theory) is limited to $100.
Governing Law and Disputes
Both parties shall use their best efforts to settle by amicable negotiations any disputes which may occur between them arising out of or relating to these Terms of Use; the existence, validity, termination, interpretation of any term hereof; and disputes regarding your use of the Zenith Ring Services. If the parties fail to reach an amicable settlement, either party may refer such dispute to binding arbitration in the United States.
General
English language shall govern all documents, notices, and interpretations of these Terms of Use. Sections titled Precautions, Indemnity, Content and Warranty Disclaimer, Limitation of Liability, and Governing Law and Disputes shall survive and remain in effect after your license to use the Zenith Ring Services has terminated for any or no reason.
Eastcommerce Marketplace LLC's failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Eastcommerce Marketplace LLC in writing. These Terms of Use constitute the entire agreement between you and Eastcommerce Marketplace LLC with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements.