TERMS AND CONDITIONS

Welcome and thank you for your interest in EMFIT QS! These Terms and Conditions concern use of EMFIT services (“Services”), consisting of the EMFIT QS sleep analyzer  (“Product”) and the EMFIT QS cloud service (“QS Service”), use of our website emfit.com (“Website”) and making purchases in our webshops (“Webshop”) in EU and in the US. 

These Terms of Use include important information about the Services provided to you and any payments we will charge from you. These Terms of Use include information about possible future changes to these Terms of Use and automatic renewals of Subscriptions to the Services. 

These terms are a legal agreement between you (“you” or “your”) and EMFIT (“Emfit”, “we”, “our” or “us”). Please read these Terms of Use carefully before accessing our website or webshops or using Emfit Services. By accessing or using any part of our Services, you agree to be bound by these Terms and the Emfit Privacy Policy (“Privacy Policy”), which is incorporated into this agreement by this reference. If you do not agree to these Terms of Use and the Privacy Policy, you may not access or use our Services. 

By “you” and “your” we refer to the person accessing or using our Services. If you create an account on behalf of an organization, company, employer or some other entity, all references to “you” herein include you and that entity, you represent and warrant that you are an authorized representative of the entity and have the authority to bind that entity to this agreement, and that you agree to this agreement on the behalf of the entity. 

1 SUPPORT AND QUESTIONS 

If you have any questions about the installation of a Product or use of Services or in case you have any technical difficulties, you will find an FAQ on our Website at emfit.com or you send us an email at [email protected]. 

2 INTRODUCTION 

The Services, provided to you by EMFIT, in cooperation with our partners, service providers and other affiliates, allow you to track, manage and share wellness-related information collected by the EMFIT QS sleep analyzer (“EMFIT QS”, “Product”). Your use of the Services is subject to this Agreement and our Privacy Policy in order for us to safely and responsibly manage our web applications and website for all of our users. 

We reserve the right to change, update or replace any part of these Terms of Use by posting updates and/or changes to our website. We may modify this Agreement, our Privacy Policy, Content and/or the Services at any time, and such modifications will be effective upon posting them to the Services. Any new features or tools we add to our online store shall also be subject to the Terms of Use. By continuing to access or use the Services after such modifications, you agree to be bound by the modified Agreement, Privacy Policy, Content and/or the Services, as applicable. Whether you purchased a Subscription or received a Subscription from a third party, this Agreement will apply to your use of the Services and Subscription. It is your responsibility to check this page for changes from time to time. You can find the most current version of the Terms of Use on this page and review the date of the latest modifications at the top of this page. 

3 GENERAL CONDITIONS 

We reserve the right to refuse service to anyone for any reason at any time. 

You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services or access to the Services or any contact on the website through which the service is provided, without express written permission by us. 

The headings used herein are for convenience only and will not limit or otherwise affect these Terms. 

4 ELIGIBILITY 

You represent and warrant that you are at least 13 years or older and have the legal authority to accept these Terms of Use on your own behalf or any party you represent. 

If you are under the legal age to form a binding contract in your jurisdiction, your use of the Services is subject to requirements of parental consent, in which case (i) your supervising parent or legal guardian is considered the user under this Agreement and is responsible for any and all activity, and (ii) you represent that your parent or legal guardian has reviewed and agreed to this Agreement and our Privacy Policy. 

If you are under the age of 13, you may not use the Services under any circumstances or for any reason. In our sole discretion, we may refuse to offer the Services to any person or entity and change their eligibility criteria at any time. The right to access the Services is revoked where this Agreement or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. 

5 REGISTRATION

In order to use your Subscription, you must subscribe to the Services, pay any applicable subscription fees (“Subscription Fees”) when due and create an EMFIT account (“Account”) both on our Website and on the EMFIT QS web app. You agree to provide true, accurate and complete information and to keep your Account information current and updated. You shall not select or use as a username a name of another person with the intent to impersonate that person or use as a username a name subject to any rights of a person other than you without appropriate authorization. You are solely responsible for any and all activities that occur under your Account or password. You must also keep your Account password secure and confidential. You may never use another person’s account or registration information for the Services without permission. You agree to notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account or password. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees. EMFIT will not be liable for any loss or damage arising from your failure to comply with this Section. 

6 SUBSCRIPTIONS

Your Subscription will begin when you start using your EMFIT QS or thirty (30) days after shipment of your EMFIT QS, whichever is the soonest. If you purchase a monthly Subscription, you authorize EMFIT to charge your credit card at the end of each one (1) month pre-paid period and, subject to our Warranty and Return Policy, you may only cancel your monthly Subscription after first six (6) months. In the case of the 12-month and 24-month Subscriptions, the non-refundable Initial Subscription Fee (subject to the terms found in our Warranty and Return Policy) covers the first three (3), 12 or 24 months of your Subscription (“Initial Subscription Fee”), respectively. The Initial Subscription Fee also covers the cost of your EMFIT QS sleep analyzer. You will retain ownership of your EMFIT QS Product after you cancel your Subscription and after your payment of the Initial Subscription Fee.

7 USE OF THE SERVICES 

Through the Services, you have access to EMFIT software, text, graphics, images, video, audio, data and other material (collectively, “Content”). Subject to this Agreement and your Subscription, we grant to you a worldwide, non-exclusive, non-sublicensable and non-transferable limited license to access and use (i.e., to download and display locally) the Content and the EMFIT software and web applications made available through the Services and embedded in the Product solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. 

The Content may be owned by us or may be provided through an arrangement we have with others, such as our partners, affiliates or other users of the Services, and is protected by intellectual property rights, including copyright. Unauthorized use of the Content may violate copyright, trademark and other laws. Other than your rights in any User Content (as defined below), you have no rights in or to the Content, and you may only use the Content as permitted under this Agreement. No other use is allowed without prior written consent from us or the owner of the Content. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute or otherwise use the Content in any way for any public or commercial purpose. If you violate any part of this Agreement, your permission to access and/or use the Content and Services automatically terminates and you must immediately destroy any copies you have made of the Content. 

EMFI, EMFIT, EMFIT QS, QS Quantified, Sensing What Matters, QS Quantified logo, and EMFIT logo are registered trademarks or trademarks of Emfit Ltd in Europe, USA, China, and other countries.  You are not granted, by implication or otherwise, any license or right to use any marks appearing on Emfit Services. One or more patents owned by Emfit (or patents licensed from third parties) apply to the Emfit Products and to the features and services accessible via the Emfit Services maintained by Emfit. 

There may also be various other company, product and service names displayed on the Services that may be trademarks or service marks owned by others (“Third-Party Trademarks”). Your use of the Services should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any Third-Party Trademark displayed on the Services. Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services or in any manner in which, in our reasonable judgment, may damage any goodwill in the Third-Party Trademarks. 

The Services include access to links to third-party websites (“External Services”) and data and content from such External Services. The content of such External Services is developed and provided by others, and such content, data and links are provided merely as a convenience to you. They are not an endorsement by us of the content on such External Services and may be subject to separate legal terms and conditions between you and third parties. Furthermore, the Services permit access to content posted, displayed or stored at the direction of users of the Services, and we cannot accept any responsibility or liability for such content. 

The Services are only for personal use and may not be used in connection with any commercial endeavors except for those specifically approved by us. The following activities are explicitly prohibited: 

• Collecting other users’ email addresses and/or usernames by electronic or other means for the purpose of sending unsolicited email or other communications; 
• Use of web data extraction, web scraping or web harvesting methods from EMFIT even if the owner of the Account grants permission; 
• Any use of the Services, which in our sole judgment, degrades the operation, reliability or speed of the Services or any underlying hardware or software of the Services; and 
• Any use of the Services which is unlawful or in violation of this Agreement. 

8 TERMINATION 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site. 

To continue using the Services, you must maintain an active Subscription. Your Subscription and this Agreement may be renewed in accordance with the Subscription periods purchased. If you do not have an active Subscription and pay all Subscription Fees when due, this Agreement shall terminate. 

If any Subscription Fees that are due are outstanding for three (3) days or more, your Account will become inactive, meaning that you will be unable to upload data from your EMFIT QS. You will, however, still be able to access any historical data, which has been uploaded before your Account has been set into the inactive state. Upon appropriate payment, your Account will be reactivated and you will be able to use all the functionalities of the Subscription and your EMFIT QS again. 

All Subscription Fees are non-refundable even if you stop using the Services, unless otherwise stated. 

If you have obtained a free Subscription, we reserve the right to temporarily or permanently modify or discontinue such free Subscription, your Account and your access to the Services at any time with or without notice. Unless modified or discontinued by us in our sole discretion, your free Subscription shall continue until the end of the applicable free Subscription period, until you cancel your free Subscription or until you upgrade to a paid Subscription.

Unless otherwise prohibited by law, and without prejudice to our other rights or remedies, we reserve the right to immediately terminate (i) your Subscription if you breach any of the terms of this Agreement and (ii) any of the Services, in our sole discretion at any time; provided that if you are not in breach of this Agreement, we will provide you with a pro-rata refund of any prepaid but unused Subscription Fees, reflecting the period when you did not benefit from the terminated Services as a result of the termination. 

Upon cancellation or termination, all licenses granted to you hereunder shall terminate automatically, your right to use the Services shall cease and your User Content, as defined below, will no longer be available to you through the Services. 

9 USER CONTENT

The Services may include functionalities that allow you to submit your Content, either manually at your direction or automatically in accordance with your Account settings (“User Content”) and the publishing, sharing and/or hosting of such User Content. You warrant and represent that all User Content you provide is accurate, complete, up-to-date and in compliance with all applicable laws, rules and regulations. User Content includes, without limitation, any user profile information you submit and make publicly available and any information collected by the EMFIT QS, including, without limitation, wellness and recovery measurements, information and data generated through the use of the Services. You understand that EMFIT does not guarantee any confidentiality with respect to User Content that you submit and make available to others. 

You are solely responsible for User Content you submit or allow to be collected and the consequences of our posting or publishing such User Content. Regarding any User Content you submit, you affirm, represent, and/or warrant that: 

1. You own or have the necessary licences, rights, consents and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and this Agreement; and 
2. You have the express specific, informed and unambiguous consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Services and this Agreement. 

By submitting User Content to us, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable licence to use, edit, modify, display, distribute, truncate, aggregate, reproduce, publish, prepare derivative works of, perform and otherwise commercially exploit any portion of or all User Content regarding our provision of the Services and our (and our successors’) business, including, without limitation, for promoting and redistributing all or part of the Services and derivative works thereof in any media formats and through any media channels and sharing the User Content on social media platforms (if enabled in your Account’s sharing settings) with our business partners and licensees for analytical and informational purposes.

To the extent User Content contains personal data (as defined by the GDPR), the foregoing licence is subject to our Privacy Policy. If your use of the Services is managed by or on behalf of a coach, team, organizing body or other entity you are affiliated with (“Managing Entity”), your User Content may also be shared with that Managing Entity as more fully described in our Privacy Policy. You consent to that sharing and acknowledge and agree that we are not responsible for any use or disclosure of your information by that Managing Entity. You also hereby grant each user of the Services a non-exclusive licence to access your User Content through the Services if you have permitted such access in your Account settings, and to use, distribute, display, publish, reproduce, prepare derivative works of and perform such User Content as permitted under this Agreement and through the functionality of the Services. We may maintain copies of any User Content for purposes of security, maintenance or backup or as required by law.

With regard to User Content, you further agree that you will not: 

1. impersonate another person;
2. submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; 
3. submit unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive material or material that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate;
4. publish any falsehoods or misrepresentations that could damage us or any third party; or
5. post advertisements or business solicitations

We do not endorse any User Content or any opinion, recommendation or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We do not permit copyright infringing activities or infringement of intellectual property rights in connection with the Services and we will remove all Content and User Content if properly notified that such Content or User Content infringes upon the intellectual property rights of another. We may remove any Content and User Content without prior notice. We may also terminate your access to the Services if you are a repeat infringer. A repeat infringer is anyone who EMFIT has notified of infringing activity more than once and/or for whom EMFIT has had to remove any User Content from the Services more than twice. We also reserve the right to decide whether Content or User Content is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material or excessive length. We may remove such User Content and/or terminate your access for uploading such material in violation of this Agreement at any time, without prior notice and at our sole discretion. 

If you are a copyright owner or an agent thereof and believe any User Content or other Content infringes on your copyrights, you may submit a notification in accordance with the Digital Millennium Copyright Act (“DMCA”) or the EU Digital Copyright Directive (or any national law implementing the same in the UK or the EU) by providing us the following information in writing (see 17 U.S. Code § 512 subsection (c)(3) for further detail) at [email protected]: 

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; 
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; 
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

10 PAYMENT OF FEES 

1. Subscription Fees: You agree to pay (i) the Subscription Fees as described in this Agreement, and (ii) the non-refundable Initial Subscription Fee (as described herein). Any payment terms presented to you in the process of acquiring your Subscription are considered part of this Agreement and are incorporated herein by reference. 

2. Processing of Payments: We may collect payments from you for your Subscription directly or we may use a third-party payment processor (“Payment Processor”) to bill you via a payment account linked to your EMFIT Account (your “Billing Account”). 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 any errors by a Payment Processor. By choosing to purchase a Subscription, you agree to pay us, either directly or through a Payment Processor, all Subscription Fees and other charges at the prices in effect at that moment and in accordance with the applicable payment terms, and you authorize us, through a Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using your selected Payment Method. We reserve the right to correct any errors or mistakes that we or a Payment Processor make even if we or such Payment Processor have already requested or received payment. 

3. Recurring Billing: The Subscription payment terms may consist of an initial period with a one-time charge, followed by recurring periodic payments as agreed to by you. By choosing a Subscription, you acknowledge that the 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,  QUARTERLY, ANNUALLY OR EVERY 24 MONTHS, DEPENDING ON YOUR SUBSCRIPTION) WITHOUT FURTHER AUTHORIZATION FROM YOU UNTIL YOU PROVIDE US NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THE AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT HAVE AN EFFECT ON CHARGES SUBMITTED BEFORE WE COULD REASONABLY ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO YOUR ACCOUNT SETTINGS AT emfit.com/my-account. 

4. 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 a Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. 

5. Current, Complete and Accurate Information Required: YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY KEEP ALL INFORMATION UP TO DATE 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. BECAUSE OF LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. YOU CAN MAKE CHANGES TO SUCH INFORMATION AT YOUR ACCOUNT SETTINGS AT emfit.com/my-account. IF YOU FAIL TO PROVIDE ANY OF THE ABOVE INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY SUBSCRIPTION FEES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION AS STATED ABOVE. 

6. Auto-Renewal: If you have purchased a monthly subscription, the Membership will be automatically renewed on a monthly basis. If you have purchased a 12 or 24-month subscription, you will be offered a new monthly subscription at the same monthly rate as your 12 or 24-month subscription, respectively, before your current subscription ends. We will notify you by email at least thirty (30) days before. To change or terminate your Subscription, go to your Account settings at emfit.com/my-account. If you terminate your Subscription, you may continue to use your Subscription until the end of your current Subscription period and your Subscription will not be renewed after it expires. However, you will not be eligible for a prorated refund of any portion of the Subscription Fee paid for that Subscription period. If you don’t want to keep being charged on a recurring basis, you must cancel or terminate your Subscription before the end of your current Subscription period. You cannot have your Subscription terminated before the end of the Subscription period for which you have already paid, and except as expressly provided in these terms, we will not refund any payments you have already made. 

7. Reaffirmation of Authorization: By continuing your use of your Subscription and not terminating it, you reaffirm that we are authorized to charge your Payment Method for the Subscription. We may submit those charges for payment and you will be responsible for the 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 chose to purchase the Subscription. 

8. Modifications to the QS Service and prices: Prices for our products are subject to change. We reserve the right to modify or discontinue the QS Service (or any part or content thereof) at any time with a 30-day notice to our existing customers. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the QS Service. 

11 NO MEDICAL ADVICE

EMFIT provides the Services for you to track, manage and share your wellness-related data. THE SERVICES AND ANY DATA, RESULTS OR CONTENT DISPLAYED VIA THE SERVICES, WHETHER PROVIDED BY EMFIT OR THIRD PARTIES, DO NOT PROVIDE MEDICAL ADVICE AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR A VISIT, CALL, CONSULTATION WITH OR ADVICE FROM YOUR DOCTOR OR OTHER MEDICAL PROFESSIONALS OR ANY DIAGNOSIS OR TREATMENT. THE SERVICES ARE NOT INTENDED TO AND DO NOT TREAT OR PREVENT ANY MEDICAL CONDITION. ALL CONTENT AVAILABLE THROUGH THE SERVICES IS FOR GENERAL INFORMATIONAL PURPOSES ONLY. USING THE SERVICES OR COMMUNICATING WITH US OVER THE INTERNET, EMAIL OR OTHER MEANS, DOES NOT CREATE ANY DOCTOR-PATIENT RELATIONSHIP. 

If you have any health related questions or concerns, please call or see your doctor or other healthcare provider. You should never disregard medical advice or delay seeking for it because of any content presented on the Services. You should also never use the Services or any content on the Services to diagnose or treat a health problem. In addition, you should always consult a qualified and licensed medical professional before starting or modifying any diet, exercise or athletic program. Finally, you agree that your athletic activities carry certain inherent and significant risks of bodily injury, death or property damage, and that you voluntarily assume all known and unknown risks associated with such activities.

12 PRODUCTS AND SERVICES (IF APPLICABLE) 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the QS Service will be corrected. 

13 OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use. 

14 THIRD PARTY SERVICES

To increase value to our users, we may provide links or references to third party services, products, software, embeds or applications (“Third Party Services”) within our Services. We have no control over such Third Party Services and You acknowledge and agree that We shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods or services available on or through any such web sites or services. If you decide to access these Third Party Services, you do so at your own risk. Please review carefully the third-party’s Privacy Policies and Terms of Use and make sure you understand them before you engage in any transaction. Any complaints, claims, concerns or questions regarding Third Party Services should be directed to the third-party. 

15 ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the QS Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the QS Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 

We undertake no obligation to update, amend or clarify information in the QS Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the QS Service or on any related website, should be taken to indicate that all information in the QS Service or on any related website has been modified or updated. 

16 PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the QS Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the QS Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the QS Service or any related website for violating any of the prohibited uses.

17 WARRANTY

We warrant that your EMFIT QS is free from material and workmanship defects for a period of two (2) years (“Warranty Period”) starting from the date of your first use of the product, as described above. If your EMFIT QS is defective during the Warranty Period, we will replace it at no additional charge, subject to the conditions below (“Limited Warranty”). The Limited Warranty is non-transferable and we are not responsible to repair or replace your EMFIT QS if you violate the Limited Warranty. Any Limited Warranty replacement EMFIT QS shall be warranted under the original Warranty Period thirty for (30) days after you have received the replacement EMFIT QS, the remainder of the Warranty Period or for any period as required by applicable law, whichever is longer. 

To be eligible for the Limited Warranty, you must: 

• Have an active Subscription without any unpaid fees or outstanding balance; 
• Have a valid Payment Method on file in case a restocking fee 120€ / $120 (“Restocking Fee”) be charged; and 
• Be the original owner of the EMFIT QS, ie. the EMFIT QS you wish to have replaced is the one originally connected to the Account associated with that EMFIT QS. 

The Limited Warranty does not cover: 

• Lost devices;
• Damage or failure caused by misuse or malfunction, normal wear and tear, improper or negligent use, improper or abnormal use, or any use contrary to instructions provided by EMFIT;
• Damage or failure caused by an accident, acts of God, unauthorized commercial use, abuse, neglect, theft or unusual atmospheric conditions;
• Cosmetic damage;
• Any unauthorized modification to the product or any alteration of the factory model name and/or serial number on the product; or
• Attempted repair by unauthorized persons or with any parts not originally intended for the EMFIT QS or not compatible with the product 

The Limited Warranty gives you specific legal rights in addition to (and not in place of) any statutory rights you may have in accordance with applicable consumer rights law in the country you live in. 

WARRANTY REPLACEMENT PROCEDURE 

To request a warranty replacement, you must contact us at [email protected], and we will send you a replacement EMFIT QS and a return shipping label for the defective EMFIT QS. If you do not return the defective EMFIT QS within thirty (30) days of receiving the return shipping label, EMFIT reserves the right to charge you the Restocking Fee for the unreturned EMFIT QS. We also reserve the right to charge you the Restocking Fee if you remove your Payment Method before end of the minimum subscription duration. 

NON-WARRANTY REPLACEMENT PROCEDURE 

You may request for a Non-Warranty Replacement to replace your EMFIT QS that has fallen outside of the Limited Warranty (“Non-Warranty Replacement”) for the Restocking Fee by contacting us by email at [email protected] if you have lost the device, for example. In order to be eligible for the Non-Warranty Replacement, you must:

• Have an active Subscription without any outstanding balance or unpaid fees; and 
• Have a valid Payment Method on file on your Account, as we will charge the Restocking Fee to your Payment Method on file.

Once the order is processed and your Account has been charged the Restocking Fee, we will ship your replacement EMFIT QS to you. If applicable, we may be able to issue you a credit for a portion of the time you are not able to use the Services.

18 DISCLAIMER OF WARRANTIES – LIMITATION OF LIABILITY

WE, OUR PARTNERS, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE AND MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OR SERVICES, INCLUDING BUT NOT LIMITED TO ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE QS SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE QS SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. 

WE, OUR PARTNERS OR AFFILIATES SHALL NOT BE SUBJECT TO LIABILITY FOR THE ACCURACY, COMPLETENESS OR TRUTH OF ANY INFORMATION MADE AVAILABLE TO USERS THROUGH THE SERVICES OR FOR ANY ERRORS, MISTAKES OR OMISSIONS THEREIN OR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM OF THE SERVICES FROM WHATEVER CAUSE. IN ADDITION, WE MAKE NO WARRANTY THAT THE SERVICES WILL BE AVAILABLE ERROR FREE OR THAT THE SERVICES OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICES OR THE CONTENT RESULTS IN THE NEED TO SERVICE OR REPLACE EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THE COSTS. 

You expressly agree that your use of, or inability to use, the QS Service is at your sole risk. The QS Service and all products and services delivered to you through the QS Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

In no case shall EMFIT, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the QS Service or any products procured using the QS Service, or for any other claim related in any way to your use of the QS Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the QS Service or any content (or product) posted, transmitted, or otherwise made available via the QS Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

19 INDEMNIFICATION

You agree to indemnify, defend and hold harmless EMFIT and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

20 SEVERABILITY

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions. 

21 CHANGES TO THE SERVICES

The Services may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features, impose limits on certain features or restrict access to parts or all of the Services. We will try to give you notice when we make a material change to the Services, but this may not always be practical. We also reserve the right to remove any Content or User Content from the Services at any time, for any reason (including, but not limited to if someone alleges you contributed Content or User Content in violation of this Agreement), in our sole discretion and without notice. 

22 CHANGES TO THE TERMS OF USE

You can review the most current version of the Terms of Use at any time at this page. 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions (concerning use the website emfit.com, making purchases at Emfit’s web shops, or using the QS Service) by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the QS Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes. 

23 ENTIRE AGREEMENT

Any failure by us to act on or enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall constitute a waiver in any other or subsequent instance. 

These Terms of Use and any policies or operating rules posted by us on this site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). 

The section headings used herein are provided only for convenience and shall not be given any legal import. 

All sections of this Agreement that, by their nature, are intended to survive termination will survive termination of this Agreement, including the sections entitled User Content, Indemnity, Disclaimer of Warranty and Limitation of Liability and General. 

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party. 

24 GOVERNING LAW

These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Finland. 

25 CONTACT INFORMATION

Questions about the Terms and Conditions of using the website emfit.com, making purchases on EMFIT’s web shops or use of the QS Service should be sent to us at [email protected].