Hygear INC (Habeats.fitness) Terms of Service

Last Updated: October 26, 2024

1. Overview

This website and the Habeats mobile application (the "App") are operated by Hygear Inc. ("Hygear INC",”Habeats” "we," "us," or "our"), a company incorporated under the laws of the State of California, United States, with company No. 611871033.

Hygear INC markets a smart fitness system that includes exercise gear and other equipment ("Gear") which integrate with the App to track movement and biometric indicators. This service allows you to track your fitness progress, receive personalized workout recommendations, and connect with other users ("Services").

These Terms of Service ("Terms") govern your access to and use of the App and Services. Our Privacy Notice ("Privacy Notice") governs our collection, processing, and transfer of any Personal Data (as defined in the Privacy Notice). "You" means an individual using the App and Services.

By visiting our website, using the App, and/or purchasing something from us, you engage in our "Service" and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site and the App, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms carefully before accessing or using our website or App. By accessing or using any part of the site or App, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website, App, or use any Services.

Any new features or tools which are added to the current store or App shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website or App. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website or App following the posting of any changes constitutes acceptance of those changes.

2. Definitions

• "Premium Subscription" refers to a paid subscription program that provides access to certain features, content, and functionalities of the Services.
• "Gear" refers to the Hygear INC exercise Gear and other equipment that integrate with the App.
• "App" refers to the Habeats mobile application used to track movement and biometric indicators collected through the Gear.
• "Content" refers to all content on or made available through the Services, including any images, photos, videos, reports, workouts, recommendations, data from the Gear, and any modifications or derivatives thereof.

3. Online Store Terms

By agreeing to these Terms, you represent that you are at least 18 years of age or older and have the right to enter into a binding contract.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

4. Account Registration

• To use the Services, you must register an account on the App. You can register by logging in through your Facebook, Gmail, or other third-party login account approved by Habeats.
• You must provide accurate and complete registration information, including your height, weight, date of birth, and gender.
• You are responsible for the security of your account and for all activity on your account.
• Habeats may refuse to open an account or terminate an existing account for any reason at its sole discretion.

5. Termination of Account

• Habeats may suspend or terminate your account for any reason, at its sole discretion and without notice.
• You may request termination of your account by emailing service@habeats.fitness.
• Termination of your account does not affect your obligations under these Terms.
• A termination cannot take effect without the settlement of any outstanding debts to the company.

6. Content

• Habeats may provide Content related to health or fitness, such as workout videos and personalized recommendations.
• This Content is for informational purposes only and does not constitute professional advice.
• Habeats is not responsible for the accuracy, usefulness, or safety of the Content.

7. Use Restrictions

You may not:

• Reverse-engineer any part of the Gear, App, or Services.
• Interfere with security-related features.
• Use the App or Services for commercial purposes.
• Use any automated means to access or extract data from the App or Services.
• Access another user's account without permission.

9. Intellectual Property

• Habeats or its licensors own all right, title, and interest in the Gear, App, Services, and Content.
• You may not copy, reproduce, or modify any part of the App, Services, or Content.
• All trademarks are the property of their respective owners.

10. Disclaimers and Disclaimer of Warranty

• The App and Services are provided "AS IS" and "AS AVAILABLE" without any warranties of any kind.
• Habeats disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Habeats is not responsible for any errors or omissions in the Content or for any loss or damage resulting from your use of the App or Services.
• You acknowledge that Hygear INC   is not a data retention service and must create backups of your data.

11. Limitation of Liability

• Hygear INC shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Gear, App, or Services.
• Our cumulative liability to you shall not exceed the lower of $100 and the amount you paid to us under these Terms.

12. Indemnification

You agree to indemnify and hold Hygear INC harmless from any claims, damages, or costs arising out of your breach of these Terms, violation of any law, or infringement of any third-party right.

13. Third-Party Services

• If you use the App in connection with any third-party services, you agree to comply with the agreement you have with such a third party.
• Hygear INC is not responsible for any content, goods, or services provided by third parties.

14. Accuracy, Completeness, and Timeliness of Information

• We are not responsible if information made available on this site is not accurate, complete, or current.
• The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
• This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
• We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

15. Modifications to the Service and Prices

• Prices for our products are subject to change without notice.
• We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
• We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

16. Products or 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 Refund Policy: REFUND 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

Mobile Terms of Service

Habeats

Last updated: Nov. 11, 2024

The Habeats mobile message service (the "Service") is operated by hygear ltd (“Habeats”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Habeats’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Habeats through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Habeats. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18554508840 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Habeats mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18554508840 or email service@habeats.fitness.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.