Effective Date: 04/24/24 Welcome to the electrokare app. These Terms and Conditions apply and govern your use of our website and our mobile application and are designed to create a positive, law-abiding community of our users. By using electrokare, you are agreeing to all the terms and conditions below.These terms include a proper arbitration clause and a class action waiver in section 14. This provision affects your rights to resolve disputes with electrokare and you should read it carefully. Your choice to maintain an account, access or use the services (irrespective of whether you create an account with us) defines your agreement to these terms and our privacy policy, which is constructed into the terms. if you do not agree with any part of the terms, then you are not permitted to use our services.
1. Use of the ServicesTo use the Services, there is no age limit to use these services.Unless otherwise indicated in the terms section applicable to particular jurisdictions, there is no specific age limit to use our services .A person under the age of eighteen is also permitted to use the Services.
2. Service Updates, Changes and LimitationsWe require the flexibility to make adjustments, set boundaries, and periodically stop or terminate specific Services in light of the introduction of new goods, services, and features.As and when we see fit, we may offer updates (including automated updates) for specific Services. Updates, as a group, can refer to improvements, adjustments, bug fixes, and other error corrections as well as new features.
3. Ownership and Use of ContentIn accordance with these terms, "Content" refers to any information, data, or creative expression, including but not limited to audio, video, photographs, illustrations, animations, tools, text, ideas, software, scripts, executable files, graphics, geo-data, workout data, biometric data and data elements derived from it, interactive features, designs, copyrights, trademarks, service marks, branding, logos, and other comparable assets, patents, sounds, applications and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on or through the Services.
2. Proprietorship Electrokare and its partners or relevant third parties own all copyright, trademarks, design rights, patents, and other intellectual property rights (registered and unregistered) in and on the Services, as well as all electrokare Content.
2.1 Our Permission to UtilizeWe grant you the following rights: (a) to access and use the Services and electrokare content for your own personal, noncommercial purposes; (b) to copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, transfer, or otherwise commercially exploit any right in the electrokare Content or Services and (c) to use the rights granted to you by these Terms, subject to your compliance with them.
2.4 Acceptable Use Instructions2.4.1 Content on electrokare Except as may be specifically allowed by the functionality of some Services as stipulated in the particular guidelines and/or supplementary conditions applicable to such Services, or only for personal use or your records, you are not entitled to download, copy, or save electrokare content.
2.4.2 Using the Services for Commercial UseThe Services are only meant for your personal, non-commercial use, with the exception of some goods and services offered through websites bearing the electrokare brand that we make available as tools for website owners (collectively, the "Commercial Tools").
2.4.3 Creating a Service Link.Please abide by the following guidelines if you would want to link to our Services on your website or app.Any link pointing to the Services must be text-only and expressly labelled "electrokare" (without utilizing any other trademark, logo, copyright, or other intellectual property that electrokare owns or controls), or it must follow another format that we specify.The appearance, position, and other aspects of the link may not diminish or harm the goodwill associated with our marks. Your organization or business may not appear to be sponsored, affiliated, or related with electrokare based on the appearance, location, or other characteristics of the connection. We reserve the right to withdraw our consent to the link at any time and in our sole discretion. Upon our notification of such revocation of consent, you agree to promptly remove the relevant link When selected, the link must show the Service on full-screen and not within a "frame" on the linking website or service.
2.5 Your Permission to Work With UsYou understand and agree that(a) We are free to arrange for the posting of your user-generated content in any way we see fit (b) We are under no duty to give you credit for the use of your user-generated content, but if we do, we reserve the right to determine the amount and location of the credit. (c) You are not entitled to any payment or other form of acknowledgement from us in connection with the use of your user-generated content.For any reason and at any time, we reserve the right to monitor, delete, or edit user-generated content, including user-generated content that we deem to be in violation of these terms, the community guidelines, and/or our policies.
3. Community Standards3.2 Community StandardsWe ask users of the Services to abide by certain guidelines (referred to as the "Community Guidelines") in order to preserve a secure and encouraging environment.Not Any Superfluous Content No Damage to ChildrenNo Abuse, Exploitation, or Disruptions of Resources.Nothing Illegal Never Requesting Personal InformationNot Violating Any LawsNo Violation of Intellectual Property
4. DMCA and Intellectual PropertyWe uphold the laws pertaining to intellectual property. When notifying us of a suspected violation, kindly include the following details:The material that is being violated should be identified.The specific material that is allegedly infringing must be identified, together with its location, in enough detail for us to locate it and confirm its presence.Details such as name, address, phone number, and email address of the notifying party (the "Notifying Party").A declaration that the Notifying Party believes, in good faith, that the content is not permitted by the owner, its agent, or the law.A declaration made under penalty of perjury attesting to the accuracy of the information in the notice and the Notifying Party's authorization to file the complaint.
5. Links and Services Provided by Third PartiesSocial networking platforms and third-party gadgets are examples of third-party products or services that our services may be available on, link to, or interact with. Be advised that separate terms and privacy rules apply to your usage of such services if you access such third-party products or services.
6. Cellular ServicesAlthough we work hard to make the Services accessible across a wide range of platforms, we are unable to ensure that the App will work with your particular device. Nevertheless, if you have any questions or issues, please contact Customer Support; we are happy to assist you.
6.1 Considerations for Wireless Carrier and DeviceYou will need a suitable device in order to use or access our app. We cannot guarantee that the App will work on or be accessible on your device.
6.2 Permission for Mobile Applications We hereby give you a limited, personal, non-transferable, non-exclusive, revocable permission to use the App that you downloaded straight from an authorized marketplace, only in object code format, and only for your own personal use in compliance with the law.
6.3 Application StoresYou understand and accept that: The Terms are an agreement between us and the App Provider, not with the Play Store, if you download the App from a third-party Playstore (the "App Provider").1. The App Provider disclaims all responsibility for any maintenance and support services related to the App.2. In the event that the App fails to meet any applicable warranty, you may notify the App Provider and the App Provider may reimburse you for the App's purchase price (if applicable)3. In the event that the App fails to meet any applicable warranty requirements, the App Provider shall have no further obligations regarding the App, to the extent allowed by applicable law; and in the event of any other claims, losses, liabilities, damages, costs or expenses.4. The App Provider is not liable for any claims you may have regarding the App or your possession and use of it; in the event that a third party claims the App infringes upon another party's intellectual property rights, electrokare will be responsible for the investigation, defense, settlement, and discharge of any such claim to the extent required by these Terms;5. The App Provider and its subsidiaries are third-party beneficiaries of these Terms with regard to your license to the App. Any costs attributable to any failure to conform to any warranty will be, as between electrokare and the App Provider, and will be electrokare responsibility.6. When using the App, you also have to abide by any applicable third-party terms of service.
7 . Disclaimer About Content Dependency and AccuracyRegarding the timeliness, accuracy, completeness, and reliability of any Content made available through the Services, we make no promises or assurances and we don't promise to update such Content.Furthermore, electrokare does not create any User-Generated Content, which means that it should not be relied upon without independent verification.
7.1 Not Intended for Medical UseAll services (including but not limited to electrolyte tracking, monitoring, hydration suggestions, fitness monitoring) offered by, through, or within the Services are solely for informative purposes. Electrokare does not offer medical services or give medical advice; it is not a medical professional.
8. No WarrantiesWithout limiting the foregoing, you acknowledge that we make no warranties about the quality, correctness, timeliness, truthfulness, completeness, availability, or dependability of any of the Services or any Content, to the fullest extent allowed by applicable law. We make no warranties, to the fullest extent allowed by applicable law.The Services will fulfill your needs or yield particular outcomes.The Services will operate without interruption, be free of viruses or other harmful elements. Errors will be fixed.
9. Governing LawIf you live in the United States or any other country that is not in the European Union, these terms will be interpreted and regulated by New York law as well as any applicable federal law, without reference to the state's conflict of laws rules.In the event that you are a resident of the European Union, the laws of the Netherlands will apply to the interpretation and application of these Terms, disregarding any conflict of law principles.
10. Disputes and Arbitration, Class Action Waiver , Jurisdiction and Venue.The Federal Arbitration Act (Title 9 of the United States Code), which will regulate the interpretation and enforcement of this arbitration agreement (the "Arbitration Agreement"), will apply to any disputes arising out of or related to your use of the Services (a "Dispute"), to the maximum extent permitted by applicable law. Unlike in court, arbitration uses a neutral arbiter to settle disputes rather than a judge or jury. Additionally, the arbitrator's judgment is susceptible to a limited amount of judicial scrutiny.
11. International TerminologiesIf you are not a resident of the United States and are using our services from outside the country, you consent to us transferring certain information about you that is not in your local area and to upholding all applicable laws.We provide a worldwide user community with our services. However, the majority of our operations and servers are situated in the United States, and the majority of our policies and procedures are based on American law. As a result, the following clauses only apply to users who are based outside of the US. You agree that your information may be transferred, stored, and processed to and in the United States and/or other countries, including but not limited to User-Generated Content and any Personal Data. You are not permitted to access or use the Services if you are using them from a location under US embargo or if you are listed as one of the US Treasury Department's "Specially Designated Nationals. You agree to abide by all local laws, rules, and regulations, including without limitation those that are in effect in the places where you live and where you access the Services.
12. MiscellaneousYou acknowledge that your use of the Services and the Terms do not create any employment, agency, joint venture, or partnership between you and us. The whole understanding between you and us about your use of the Services is contained in the Terms.Any right or provision of the Terms that we do not execute or enforce does not become a waiver of that right or provision. The parties agree that even in the event that a court of competent jurisdiction finds any provision of the Terms to be invalid, the other provisions of the Terms shall continue in full force and effect and the court shall make every effort to give effect to the parties' intentions as represented in the provision.
13. Contact UsIf you have any feedback, questions about the Services, please contact our Support Team by emailing us at : (admin@electrokare.com) and mention the subject as “Attn: –electrokare Terms and Conditions of Use”.
