Effective Date: 01 July, 2020
Last modified: 22 September, 2021
These Terms of Service (“Terms”) govern your use of our website and the mobile application (collectively, the “Site”) and related products and services, including any content or information provided as part of the Site or such related products, services or websites (collectively with the Site, the “Services”), which are owned or operated by TT1 Products, LLC doing business as Supersapiens (“Supersapiens”, “we”, “our” or “us”).
If you are using the Site or Services on behalf of a company or other legal entity, you hereby represent and warrant that you have the authority to enter into these Terms on behalf of such entity. By accessing, registering for or using the Services, you: (1) acknowledge that you have read and understand these Terms; (2) agree to be bound by them in their entirety, and (3) are entering into a legally binding agreement with us. As used in these Terms and unless separately identified as applicable to either an individual or entity, “you” and “your” refer to both you individually and the entity on behalf of which you are entering into these Terms.
The Services allow you to track, manage and share fitness-related information collected by the Supersapiens device. The Services are provided to you by Supersapiens, in connection with our partners, service providers, sponsors, or other affiliates. In order to use the Services (the “Subscription Services”), you must subscribe and if applicable, pay the upfront subscription fees (“Subscription Fees”) and you must create an account (“Account”). For the Subscription Services, you will be asked to provide your name, telephone number, email address, height, weight, gender, birth month and birth year. For so long as you use the account, you agree to provide true, accurate, current, and complete information that can be accomplished by logging into your account and making relevant changes directly. You are responsible for complying with these Terms when you access this Site, whether directly or through any account that you may set up through or on this Site. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of this Site as well as paying related charges. You agree to choose a strong and secure password(s) and maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access this Site. Should you believe your password or security for this Site has been breached in any way, you must immediately notify us at firstname.lastname@example.org.
We reserve complete and sole discretion with respect to the operation of the Services. We reserve the right to change terms and warranties without notice. We also reserve the right to withdraw, suspend, or discontinue any functionality or feature of the Services at any time.
Supersapiens provides the Services for you to track, manage, and share your fitness-related information. Supersapiens is not a healthcare or medical provider. The digital properties and the features, functionalities, Services and content made available therein, including without limitation any advice, information, diets, workouts, exercises, regimens or other materials (collectively, the “ Fitness Features ”), are provided for general informational purposes only, and do not constitute medical advice. The Fitness Features are not intended to be relied upon for determining the state of your health or in the diagnosis of any medical conditions and are not, and should not be used as, a substitute for a professional medical evaluation. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet or exercise program. THE SERVICES, FITNESS FEATURES AND ANY RESULTS OR CONTENT DISPLAYED VIA THE SERVICES DO NOT PROVIDE MEDICAL ADVICE AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE SERVICES ARE NOT INTENDED TO TREAT OR PREVENT ANY MEDICAL CONDITION. ALL CONTENT AVAILABLE THROUGH THE SERVICES IS FOR GENERAL INFORMATIONAL PURPOSES ONLY. USE OF THE SERVICES DOES NOT CREATE ANY PHYSICIAN-PATIENT RELATIONSHIP.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUPERSAPIENS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE FITNESS FEATURES AND IS NOT RESPONSIBLE FOR YOUR USE OF OR RELIANCE ON ANY SUCH FITNESS FEATURES. YOU ACKNOWLEDGE AND AGREE THAT YOUR DECISION TO RELY ON AND/OR USE ANY FITNESS FEATURE IS AT YOUR SOLE RISK, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUPERSAPIENS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY AND DEATH, ARISING OUT OF OR IN CONNECTION WITH YOUR RELIANCE ON OR USE OF ANY FITNESS FEATURE.
To be eligible to use the Services, you represent and warrant that you: (i) are at least 16 years of age, or otherwise over the age of majority in the jurisdiction in which you reside; (ii) are not currently restricted from the Services and are not otherwise prohibited from having an account related thereto; (iii) will only maintain one account at any given time; (iv) will only provide accurate information to Supersapiens; (v) have full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party; and (vi) will not violate any rights of Supersapiens or a third party.
You assume all responsibility for your use of, and access to, the Services. Accounts are for a single user, company or other legal entity, as applicable. Any multiple-party use, other than individual use on behalf of a company or other legal entity, is prohibited. For example, sharing a login between non-entity individual users is prohibited.
4.1. Accuracy. By registering for our Services, you represent and warrant that all information you submit to us is true, accurate, current and complete and that you will promptly notify us in writing if your information changes. It is your responsibility to keep your account and profile information accurate and updated. We are not responsible for any disputes or claims related to any inaccurate, incomplete, or untimely information provided by you to us.
4.2. Your Account. The account you create and any related profile is owned by us. With regard to your account, you agree to: (i) keep your password secure and confidential; (ii) not permit others to use your account; (iii) not use the accounts of others; (iv) not transfer your account to another party; and (v) notify us of any actual or suspected unauthorized use of your account. You are responsible for any activity occurring under your account.
4.3. Feedback. You may from time to time identify problems, solutions to identified problems, provide suggestions, comments or other feedback related to our Services or otherwise relating to Supersapiens (“Feedback”) to Supersapiens. You acknowledge and agree that all Feedback is and shall be given entirely voluntarily and Supersapiens shall be free to use or disclose such Feedback for any purpose. You further acknowledge and agree that your Feedback does not contain confidential or proprietary information and you are not entitled to any compensation or reimbursement of any kind from Supersapiens under any circumstances relating to such Feedback.
4.4. Social Media Integration. The Services may allow you to enable or log in to the Services via various social networking services like Facebook or Twitter (“Social Network Service(s)”). By directly integrating these services, we make your online experiences richer and more personalized. To take advantage of this feature, we will ask you to log into or grant us permission via the relevant Social Network Service. When you add a Social Network Services account to the Service or log into the Service using your Social Network Services account, we will collect relevant information necessary to enable the Service to access that Social Network Service and your data contained within that Social Network Service. As part of such integration, the Social Network Service will provide us with access to certain information that you have provided to the Social Network Service, and we will use, store and disclose such information in accordance with our privacy statement. However, please remember that the manner in which Social Network Services use, store and disclose your information is governed by the policies of such third parties, and Supersapiens shall have no liability or responsibility for the privacy practices or other actions of any Social Network Services that may be enabled within the Service.
Supersapiens cannot guarantee the continued availability of any Service features that interoperate with a Social Network Service, and may cease providing them without notice or entitling you to a refund, credit or other compensation, if for example and without limitation, the provider of a Social Network Service ceases to make the Social Network Service available for interoperation with the corresponding Service features in a manner acceptable to Supersapiens.
Subject to the terms and conditions herein, Supersapiens grants you a limited, revocable, non- transferable, non-sublicensable, non-exclusive license and right to access the Services through a generally available mobile device, web browser or Supersapiens authorized Site to view content and information and otherwise use the Services to the extent intended and permitted by the functionality thereof. This
license is personal to you, and you may not resell our Services, permit other users access to our Services through your account, or use the Services to host content for others. You may not copy or download any content from the Services except with the prior written approval of Supersapiens. You acknowledge that, except as otherwise expressly provided, these Terms are solely between you and Supersapiens.
Furthermore, without the prior written approval of Supersapiens, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub- license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of the Services. Any commercial use not expressly authorized is prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Services. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the Services you are using. The Services provided by Supersapiens are licensed, not sold. The Services, and all copies of the Services, are owned by Supersapiens or its third party licensors and are protected by various intellectual property laws, including, without limitation, copyright and trade secret laws. Supersapiens reserves all rights not expressly granted to you herein. You agree that you have no right to any Supersapiens trademark or service mark and may not use any such mark in any way unless expressly authorized by Supersapiens.
Making unauthorized copies or distribution of Site content or otherwise violating these Terms may result in the termination of your Supersapiens account, prohibition on use of the Services, and further legal action. Supersapiens reserves the right to limit your use of or access to the Services, in its sole discretion in order to maintain the performance and availability of the Services and to enforce these Terms of Service.
Supersapiens is not liable for the loss, corruption, alteration or removal of any content transmitted using our Services. By using our Services, you expressly waive the right to seek damages and agree to hold Supersapiens harmless for any such loss, alteration, corruption or removal. You acknowledge and agree that you are solely responsible for retaining all records and reconciling all transaction information relating to your use of the Services.
You agree to pay the Subscription Fees as described more fully during the purchase and payment process. Any payment terms presented to you in the process of obtaining your Subscription are deemed part of this Agreement.
6.1. Billing. We may collect payments from you directly or we may use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for your Subscription. The processing of payments by a Payment Processor will be subject to the terms, conditions and privacy policies of such Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. By choosing to purchase a Subscription, you agree to pay us, either directly or through the Payment Processor, all Subscription Fees and other charges at the prices then in effect and in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that we or the Payment Processor make even if we or the Payment Processor have already requested or received payment.
6.2. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
6.3. Recurring Billing. The Subscription payment terms may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Subscription Fees have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS AT https://www.supersapiens.com.
6.4. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS AT https://www.supersapiens.com. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY SUBSCRIPTION FEES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION AS SET FORTH ABOVE.
6.5. Auto-Renewal. The Subscription will be automatically extended for successive monthly renewal periods at the then-current non-promotional rate. To change or terminate your Subscription at any time, go to Account settings at https://www.supersapiens.com. If you terminate your Subscription, you may use your Subscription until the end of your then-current term and your Subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the Subscription Fee paid for the then-current subscription period. If you do not want to continue to be charged on a recurring monthly basis, you must cancel or terminate your Subscription before the end of the recurring term. Subscriptions cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, Supersapiens will not refund any amounts that you have already paid.
6.6. Reaffirmation of Authorization. Your non-termination or continued use of your Subscription reaffirms that we are authorized to charge your Payment Method for that Subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance or as otherwise described when you initially selected to purchase the Subscription.
You agree to comply with all applicable laws and regulations in connection with your use of the Services. You may not use our Services to post or transmit any illegal material, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. In particular, the following is a representative, non- exhaustive list of acts that are prohibited:
Supersapiens enforces a zero-tolerance SPAM policy regarding information transmitted through our network. Supersapiens may determine in its sole discretion whether any transmissions are considered SPAM. SPAM includes, but is not limited to, the following:
You agree not to use the Services for the purpose of recruiting for another Site or service that offers competing functionality to the Services.
Supersapiens respects the intellectual property rights of others and expects that you do the same. It is our policy to terminate, in appropriate circumstances, the accounts of subscribers who infringe the copyrights of others. You may not upload, download, post, publish, transmit, reproduce, or distribute in any way, files, material, information, software or other material obtained through the Services that is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or other right holder. Supersapiens has the right, but not the obligation, to remove from the Services any files, material, information, software or other material Supersapiens believes is or may be, in its sole discretion, infringing or otherwise in violation of the rights of others.
If you believe in good faith that your copyright has been infringed, please provide a written communication regarding such belief to: email@example.com.
Supersapiens may deny or restrict your access to all or part of the Services without notice in its reasonable discretion if it deems that you have engaged in any conduct or activities that Supersapiens in its reasonable discretion believes violates the letter or spirit of any of these Terms. If Supersapiens denies or restricts your access to the Services because of such a violation, you shall have no right to obtain any refund or credit for the subscriptions fees you have paid.
In the event that these Terms or the Services are terminated for any reason or no reason, you acknowledge and agree that you will continue to be bound by these Terms. Following termination, you shall immediately cease use of the Services and any license granted to you under any agreement related to your use of the Services shall immediately terminate. Upon termination, Supersapiens reserves the right to delete all of your content, data, and other information stored on Supersapiens’ servers. Supersapiens will not be liable to you or any third party as a result of the termination of these Terms or the Services or for any actions taken by Supersapiens pursuant to these Terms as a result of such termination. Without limiting the generality of the foregoing, Supersapiens will not be liable to you or any third party for damages, compensation, or reimbursement relating to your use of the Services, or the termination thereof.
You may terminate these Terms by terminating your use of the Services and any related account. Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms, will survive the termination of these Terms and termination of the Services. Termination of these Terms or the Services does not relieve you from your obligation to pay Supersapiens any amounts owed to Supersapiens.
Access to our Services and to certain online transactions may involve the use of identification numbers, passwords, payment accounts or other individualized nonpublic information (“Private Documentation”). You acknowledge and agree that you are solely responsible for protecting your Private Documentation and other personal information and for the consequences of not protecting such information and data. You shall use your best efforts to prevent unauthorized use of our Services, your account, or of any Private Documentation, and shall promptly report to Supersapiens any suspected unauthorized use or other breach of security. You shall be responsible for any unauthorized use of your account, identification numbers or passwords until we receive written notice of a breach of security and a request to block further access for such numbers and passwords. Supersapiens shall not be liable for any unauthorized use of payment accounts.
Actual service coverage, speeds, locations and quality may vary. Supersapiens will attempt to provide the Services at all times, except for limited periods for maintenance and repair. However, the Services may be subject to unavailability for a variety of factors beyond our control including emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited or curtailed. Delays or omissions may occur. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Services or communications services or networks. We may impose usage or Services limits, suspend the Services, or block certain kinds of usage in our sole discretion to protect users or the Services. The accuracy and timeliness of data received is not guaranteed.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL SITE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. SUPERSAPIENS DOES NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR- FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. SUPERSAPIENS DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, SUPERSAPIENS’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE NOT FAULT TOLERANT AND ARE NOT DESIGNED OR INTENDED FOR USE AS A “CRITICAL CONTROL APPLICATION” IN MEDICAL EMERGENCIES OR HAZARDOUS “LIFE AND DEATH” ENVIRONMENTS REQUIRING MEDICAL EXPERTISE AND/OR FAIL-SAFE PERFORMANCE, SUCH AS DIRECT LIFE SUPPORT MACHINES, ACUTE CARE SETTINGS, OR IN OPERATING ENVIRONMENTS THAT ARE RELATED TO THE DIRECT DELIVERY OF CARE, IN WHICH THE FAILURE OR IMPROPER USE OF THE SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL DAMAGE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SANGUINA CANNOT BE HELD LIABLE FOR ANY HEALTH CARE OR RELATED DECISIONS MADE BY YOU OR A HEALTH CARE FACILITY OR PROVIDER.
UNDER NO CIRCUMSTANCES WILL SUPERSAPIENS, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“SUPERSAPIENS PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES.
A SUPERSAPIENS PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID SUPERSAPIENS FOR YOUR USE OF THE SERVICES IN THE PRIOR THREE (3) MONTHS; AND (B) THE SUM OF ONE HUNDRED (100) US DOLLARS. SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY. IN SUCH STATES OR JURISDICTIONS, SUPERSAPIENS PARTIES’ LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY SUPERSAPIENS TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN SECTIONS 9 AND 10 WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT.
You agree to defend, indemnify and hold Supersapiens harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or relating to (i) any violation of these Terms by you; (ii) your account information or any other content or material you submit or otherwise transmit through our Services; (iii) your violation of any rights of another; or (iv) your use of the Services. Supersapiens reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you.
Excluding claims for injunctive or other equitable relief, for any claim where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution Supersapiens mutually agreed upon by the parties. The arbitration shall be conducted by telephone, online or be solely based on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration each party waives any right to a jury trial.
You acknowledge and agree that Supersapiens may provide notices and other disclosures to you electronically by posting such notices or other disclosures on the Site or through the Services, by texting your phone number or by emailing it to you at any email address provided to Supersapiens by you. Such notices or other disclosures shall be considered received by you following the posting on the Site or Services or twenty-four (24) hours following the email being sent to you, as applicable. Any such electronic notice or other disclosure shall have the same effect and meaning as if it had been provided to you as a paper copy.
We may add to, change or remove any part of these Terms, at any time without prior notice to you other than listing of a later effective date than the one set forth at the top of these Terms. Such modification shall be effective immediately upon posting at the Site or on the Services. As your next visit to the Site or use of the Services may be governed by different Terms, we encourage you to look for a new effective date on these Terms when you visit the Site or use the Services. It is your responsibility to check these Terms periodically for changes. If we make any material changes to these Terms, we will endeavor to provide registered users with additional notice of any changes, such as at your e-mail address of record or when you log-in to your account.
Your use or continued use of the Services following the posting or notice of any changes to these Terms or any other posted policies shall constitute your acceptance of the changed Terms or policies.
17.1. Linked Third Party Sites. The Services may make available third-party resources such as but not limited to property Sites, landing pages, and other third-party sites over which Supersapiens has no control. Supersapiens is not responsible for the accuracy, completeness, functionality, usability, availability or merchantability of any content provided by third-party resources. The use of such third- party resources is strictly at Client’s own risk. Supersapiens is not responsible for the availability of external sites or resources, does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Supersapiens will not be
responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products or other materials available on or through any such site or resource.
17.2 Integrated Third Party Services. The Services may contain features designed to interoperate with products, applications, or services not provided by Supersapiens such as Stripe (each, a “Third Party Service”). To use such features, you may need to directly obtain access to such Third Party Service from its provider, and in some cases may be required to grant Supersapiens access to your account(s) on such Third Party Service.
17.3 Permissions; Disclaimer. If Supersapiens chooses to use a Third Party Service with the Services, User grants Supersapiens permission to allow the Third Party Service and any of its provider(s) to access any data (including, without limitation, data that may constitute non-public personal information) provided to Supersapiens in connection with the Services as required for the interoperation of that Third Party Service with the Services. Supersapiens is not responsible for any disclosure, modification or deletion of such data resulting from access by any Third Party Service or its providers. Supersapiens does not warrant or support Third Party Service or other third-party products or services, whether or not they are designated by Supersapiens as operable with the Services or otherwise. Further, Supersapiens cannot guarantee the continued availability of any Services features that interoperate with Third Party Service, and may cease providing them without entitling User to any refund, credit, or other compensation, if for example and without limitation, the provider of a Third Party Service ceases to make the Third Party Service available for interoperation with the corresponding Services features in a manner acceptable to Supersapiens.
18.1. The following terms apply to a mobile application Supersapiens provides to you that is designed for use on an Apple iOS-powered mobile device (an “iOS App”):
a. You acknowledge that these Terms are between you and Supersapiens only, and not with Apple, Inc. (“Apple”).
b. Your use of the iOS App must comply with Apple’s then-current App Store Terms of Service.
c. Supersapiens, and not Apple, is solely responsible for the iOS App and the Services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the iOS App.
d. You agree that Supersapiens, and not Apple, is responsible for addressing any claims by you or any third-party relating to the iOS App or your possession and/or use of the OS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
e. You agree that Supersapiens, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third- party intellectual property infringement claim related to the iOS App or your possession and use of the iOS App.
f. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
g. You agree to comply with all applicable third-party terms of agreement when using the iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
h. You agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
18.2. The following terms apply with respect to a mobile application Supersapiens provides to you that is designed for use on an Android-powered mobile device (an “Android App”):
a. You acknowledge that these Terms are between you and Supersapiens only, and not with Google, Inc. (“Google”).
b. Your use of the Android App must comply with Google’s then-current Android Market Terms of Service.
c. Google is only a provider of the Android Market where you obtained the Android App. Supersapiens, and not Google, is solely responsible for the Android App and the Services and content available thereon. Google has no obligation or liability to you with respect to the Android App or these Terms.
d. You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to the Android App.
19.1. Entire Agreement. These Terms, along with any rules, guidelines, or policies published on Supersapiens homepage constitute the entire agreement between Supersapiens and you with respect to your use of our Services. If there is any conflict between the Terms and any other rules or instructions posted on the Services, the Terms shall control. No amendment to these Terms by you shall be effective unless acknowledged in writing by Supersapiens. Notwithstanding the foregoing, Supersapiens reserves the right, in its sole discretion, to modify these Terms or the policies referenced herein at any time as set forth above.
19.2. Governing Law. These Terms shall be governed by, and construed in accordance with, the laws of the state of Georgia, without reference to its choice of law rules. Exclusive venue for any action arising out of or in connection with this agreement shall be in Atlanta, Georgia. The parties each hereby consent to the jurisdiction and venue in Atlanta, Georgia and waive any objections to such jurisdiction and venue.
19.3. Equitable Relief. Notwithstanding the foregoing, you agree that Supersapiens shall be entitled to apply for injunctive remedies or other equitable relief in any jurisdiction. Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred. If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect.
19.4. Assignment. You may not assign your rights or obligations under these Terms without the prior written consent of Supersapiens. Supersapiens’ failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right. Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms, will survive the termination of these Terms and termination of the Services.
19.5. Headings. All headings included in these Terms are included for convenience only, and shall not be considered in interpreting these Terms. These Terms do not limit any rights that Supersapiens may have pursuant to any intellectual property laws or any other laws.
19.6. Remedies. All rights and remedies available to Supersapiens, pursuant to this Agreement or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available to Supersapiens. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, or any other materials issued in connection therewith, or exploitation of the Services or any data or other material used or displayed through the Services. Except as otherwise expressly set forth herein, there shall exist no right of any person, other than you and Supersapiens, to claim a beneficial interest in these Terms or any rights occurring by virtue of these Terms. No independent contractor relationship, partnership, joint venture, employer-employee or franchise relationship is created by these Terms.
19.7. Commercial Warranty. Supersapiens does not offer a commercial warranty. Supersapiens will abide by any warranty requirements in a customer's applicable location, including requirements to repair, replace, or refund. If the product is faulty, you must make a valid claim through our customer service team. You can reach our customer service team at https://supersapiens.zendesk.com/hc/enus/requests/new. If we determine that your Energy Band is eligible for a repair or replacement under applicable laws, such repairs or replacements will be made at no charge to you.
If you have any questions, complaints, or claims, you may contact Supersapiens at firstname.lastname@example.org.