Electrokare Terms & Conditions

Electrokare Terms & Conditions1. Introduction. These Terms and Conditions ("Terms")govern your access to and use of the ElectroKare mobile application and relatedservices (collectively, the "Services") provided by ElectroKare Inc.,a Delaware corporation and ElectroKare Pty. Ltd. ("ElectroKare""we," "us," or "our"). Your use of the Services signifies your agreement to these Terms and our Privacy and Policy. Byaccessing and using the Services in any manner, you acknowledge that you haveread, understood, and agree to be bound by the Terms and Privacy Policy. If youdo not accept and agree to be legally bound by the Terms and Privacy Policy,you are not authorized to use the Services. ElectroKare may modify the Termsand Privacy Policy at any time and such modification will be effective uponposting such modifications to the Services, Terms, or Privacy Policy. If youhave any feedback or questions, please contact our Support Team by emailing usat: admin@electrokare.com2. Eligibility. You represent and warrant that you are at least 18 years of age or as mandated by the law of your local jurisdiction, provided that 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 these Terms and is responsible for any and all activity; and (ii) you represent that your parent or legal guardian has reviewed and agreed to these Terms and the Privacy Policy. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.3. Access and Updates. We reserve the right to modify, suspend, or discontinue any aspect of the Services at our discretion, including content, features, or hours of availability, with or without notice.  We may also provide updates or upgrades automatically to your device to improve performance and functionality.  Continued use of the Services following any such changes constitutes your acceptance of the updated Terms.4. Intellectual Property. All intellectual property rights in the Services and any content provided through the Services ("Content"),including but not limited to software, text, graphics, logos, images, audio, and video—are owned or licensed by ElectroKare or its partners and third parties. You are granted a limited, non‑exclusive, revocable license to access and use the Services and Content for your personal, non-commercial use only. Any unauthorized use of the Services or Content is strictly prohibited and may violate copyright, trademark, and other laws. Further, you are granted 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. 5. User-Generated Content. You retain ownership of any content you submit, post, or display through the Services("User Content").  By providing User Content, you grant ElectroKare a worldwide, royalty‑free, perpetual, irrevocable, non‑exclusive license to use, reproduce, modify, publish, and distribute such content in connection with operating and promoting the Services.  We reserve the right to remove or refuse any User Content that violates these Terms or our Community Guidelines.6. Acceptable Use.The following actions are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications; (ii) any use of the Services which may harm or degrade the reliability, speed, or operation of the Services or any underlying hardware or software including, for example by introducing malware, hacking or bypassing our security; (iii) use of web scraping, web harvesting, or web data extraction methods from the Services; (iv) reverse engineering the Services or any underlying software, except to the extent this restriction is prohibited by applicable law, (v) any use of the Services which is unlawful or in violation of these Terms or Privacy Policy, (vi) any use other than the Services, (vii) attempting to gain unauthorized access to any portion of the Services, and (viii) infringing the rights of others, including intellectual property rights or privacy rights. 7. Third-Party Links, Application Stores, and Integrations The Services may contain links to third‑party websites,applications, or services that are not owned or controlled by ElectroKare. Weare not responsible for the content, privacy practices, or terms of such thirdparties. Your interactions with any third party are solely between you and thatthird party. If you download the ElectroKare application (the “App”) from anapplication store or third‑party provider ("App Provider"), youacknowledge and agree that: (i) these Terms are a contract between you andElectroKare, not with the App Provider; (ii) The App Provider has no furtherobligations with respect to warranty failures or any other claims, liabilities,damages, costs, or expenses. The App Provider and its subsidiaries may enforcethese Terms as third‑party beneficiaries with respect to your license to the Apportuse of the App must also comply with any applicable third‑party terms ofservice imposed by the App Provider.8. Content Accuracy and Updates. While we striveto provide accurate and timely information, we make no representations orwarranties regarding the completeness, accuracy, reliability, or currency ofany Content available through the Services. We do not guarantee that anyContent will be updated. Any reliance you place on such information is strictlyat your own risk.9. Medical Disclaimer. All services provided by the App, including but not limited to electrolyte tracking, hydration suggestions, and fitness monitoring are for informational purposes only. ElectroKare is not a medical provider and does not offer medical advice, diagnosis, or treatment. You should consult a qualified healthcare professional before acting on any information obtained through the Services.10. Limitation of Liability. IN NO EVENT SHALLWE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL,SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES,WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHERLEGAL THEORY, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES.IN NO EVENT SHALLWE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL,SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOSTDATA OR BUSINESS INTERRUPTION) RESULTING FROM A PROHIBITED USE OF THE SERVICES. In some countries, consumer protection laws may not allow certain disclaimers or exclusions or limitations of liability and consequently some of the disclaimers, exclusions and limitations of liability in these Terms may not apply in whole or in part. In some countries, this includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. In such cases, our liability shall not be limited as prohibited by law, and shall be limited to the greatest extent permitted by law. If the laws of your country would otherwise remove all limitations of liability set forth above, then in such case we provide the following explicit limitation in place of the limitations of liability set forth above: (1) we do not accept responsibility for any loss or damage that was not caused by our breach of these Terms or that was not, at the time you agreed to these Terms, a reasonably foreseeable consequence of us breaching these Terms; and (2) we do not limit liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. 11.Indemnification. You agree to indemnify and hold harmless ElectroKare, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your violation of these Terms or your use of the Services. 12. Governing Law.These terms are governed by the internal substantive laws of the State of Delaware, USA, without respect to its conflict of law provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in State of Delaware. If you are resident in the outside of the United States, the law and courts of the jurisdiction where you are a resident will govern. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services must be filed within one (1)year after such claim or cause of action arose, or else that claim or cause of action will be barred forever. 13. Dispute Resolution, Arbitration, and Class Action Waiver.13.1 Informal Resolution. You agree to first contact us at privacy@electrokare.com to seek resolution of any dispute.13.2 Binding Arbitration. If we cannot resolve the dispute within sixty (60) days, you and ElectroKare agree to resolve any remaining dispute through final and binding arbitration under the Federal Arbitration Act (for U.S. users) or the rules of the International Chamber of Commerce (for EEA/UK users), before a single arbitrator. The arbitration award shall be final and binding.13.3 Class Action Waiver. You and ElectroKare agree that any arbitration shall be on an individual basis only; neither you nor we may bring or participate in any class, collective, or representative action or proceeding.14. International Users. If 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. Some 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.15. Device Compatibility. Although we strive to make the Services accessible across a wide range of devices and wireless networks, we cannot guarantee that the App will function correctly on every device or carrier. You are responsible for ensuring that your device and mobile or data plan are compatible with the App. This applies, not exclusively, to the hardware/software running our App and the hardware/software used to collect your biometric/location/other data. We disclaim any warranty that the Services will be operational on or compatible with your device or network. If you experience any issues, please contact customer support at admin@electrokare.com.15. Miscellaneous.15.1 Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force.15.2 No Waiver. Our failure to enforce any right or provision will not constitute a waiver of such right or provision.15.3 Amendments. We may amend these Terms at any time by posting revised Terms with an updated "Last updated" date. Your continued use of the Services constitutes acceptance of the revised Terms. 15.4. Service Updates, Changes and Limitations.We 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. 15.5 Ownership and Use of Content. In 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.15.6. 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. 15.7 Our Permission to Utilize. We grant you the following rights: (i) to access and use the Services and Electrokare content for your own personal, noncommercial purposes; (ii) 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 (iii) to use the rights granted to you by these Terms, subject to your compliance with them.15.8 Acceptable Use Instructions.15.8.1 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. 15.8.2 Using the Services for Commercial Use. The 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").15.8.3 Creating a Service Link. Please abide by the following guidelines if you would want to link to our Services on your website or apophany 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. We reserve the right to withdraw our consent to the link at any time and in our sole discretion. Upon 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. 15.9. Your Permission to Work With Us. You 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. 15.10. Community Standards Users agree to abide by certain guidelines(the "Community Guidelines") in order to preserve a secure and encouraging environment, which include but are not limited to: (i) no superfluous content; (ii) no damage to children abuse; (iii) no exploitation, or disruptions of resources; (iv) to abide by all laws; and (v) never request personal information. The Community Standards may be updated at our sole discretion.15.11. DMCA and Intellectual Property. Users agree to uphold the laws pertaining to intellectual property. When notifying us of a suspected violation, kindly include the following details: (i) the material that is being violated should be identified; (ii) 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; (iii) details such as name, address, phone number, and email address of the notifying party (the "Notifying Party");(iv) a declaration that the Notifying Party believes, in good faith, that the content is not permitted by the owner, its agent, or the law; and (v) 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. 15.12. Links and Services Provided by Third Parties. Social networking platforms and third-party gadgets are examples of third-party products or services that our services maybe 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.15.13. Cellular Services. Although 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. 15.14 Considerations for Wireless Carrier and Device. You 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. 15.15 Miscellaneous. You 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.