FOIRING TERMS OF USE
Welcome and thank you for your interest in FOIRING! You are reviewing these Terms of Use because you use or have purchased, or are considering purchasing or using, the FOIRing Services (the "FOIRing Services"), consisting of a smart ring or other electronic device (the "Foinoe Product") to be used with the FOIRing mobile application (the "Mobile App").
THESE TERMS OF USE ARE A LEGAL AGREEMENT BETWEEN YOU AND FOINOE. PLEASE READ THEM THROUGH CAREFULLY BEFORE USING ANY FOIRING SERVICES。
By using any FOIRing Services you signify your agreement to these Terms of Use (the "Terms of Use"). If you do not agree to these Terms of Use, you may not use the FOIRing Services and should not purchase the FOIRing Services.
The FOIRing Services have been developed and are owned by Foinoe Co.,Limited which is referred to as Foinoe, we, us or our in these Terms of Use. You are referred to as "you" or "your" in these Terms of Use.
Support and Questions
If you have any questions about the installation or use of the FOIRing Services or have technical difficulties, you will find FAQs on our Website at Foiring.com or you may e-mail us info@foiring.com
Changes to Services and Terms
We may change or discontinue, in whole or in part, the FOIRing Services at any time without notice. You acknowledge that Foinoe is not liable to you or to any third party for any such action.
We may modify these Terms of Use from time to time. The most current Terms of Use will be available on the FOIRing home page and the date of the latest update is indicated at the top of these Terms of Use. We may communicate major changes with a special notice on the FOIRing Services or by email. You accept such modified Terms of Use by continuing to use of the FOIRing Services.
Requirements for Use of the FOIRing Services
You represent and warrant that you are aged 18 years or older and have the legal authority to accept these Terms of Use on your own behalf or any party you represent. Please also refer to the Precautions in these Terms of Use.
The full FOIRing experience requires the FOIRing Product, Internet access to the Mobile App and Website, and other required software (if any). Periodic updates to any of these elements may be required for improved performance, and the performance of the whole may be affected by the performance of any of these elements. You are responsible for obtaining your own Internet access and mobile device to access the FOIRing Services.
Precautions
Please note that FOIRing Services are not intended to diagnose, treat, cure, or prevent any disease or medical condition. The information and guidance in the FOIRing Services are there for informational purposes only and can not replace the services of health professionals or physicians. You should always consult a physician before making any changes to your sleep or activity based on information or guidance of the FOIRing Services, or if you have any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on or through the FOIRing Services. We are not responsible for any health problems that may result from information or guidance you learn about through the FOIRing Services. If you make any change to your sleep or activity based on the FOIRing Services, you agree that you do so fully at your own risk. It is important to be sensitive to your body's responses. For example, if you feel unexpected, repeating or long term pain, fatigue or discomfort due to having made changes to your sleep or activity, it is recommended that you consult a physician before continuing with such changes. The information and guidance in the FOIRing Services may be misleading if your physiological functions and responses differ significantly from population averages due to medical conditions or rare natural differences.
Please be cautious that the FOIRing product you are wearing does not get caught on fixed structures or heavy objects when moving yourself or moving said heavy objects.
If you experience redness or skin irritation on your finger due to FOIRing product, remove it immediately. If symptoms persist longer than 2-3 days of not using your FOIRing Product, please contact a dermatologist.
Corporate Contact Info
Mailing Address: UNIT 1507C, 15/F, EASTCORE, 398 KWUN TONG ROAD, KWUN TONG, KL, HONG KONG
For questions on support, orders, returns or product information, please email info@foiring.com to quickly have your needs handled.
Privacy Policy
The FOIRing Services are subject to the FOIRing Privacy Policy, which can be found at nexkoo.com/FOIRing-privacy-policy
Limited License and Ownership of the FOIRing Services
You are hereby granted a non-exclusive, revocable and nontransferable license to use the FOIRing Services in accordance with these Terms of Use.
Foinoe or its licensors own all title and rights to the FOIRing Services, including, but is not limited, to all copyrights, trademarks, know-how and other intellectual property rights included therein. You may not reproduce (whether by linking, framing or any other method), transfer, distribute, store, modify, decompile, disassemble, or create derivative works of, publicly display, or commercially exploit any part of the FOIRing Services except as necessary to display, download or print (without modification) for your own non-commercial use. All rights in the FOIRing Services not expressly granted to you by Foinoe are retained by Foinoe and its licensors. Violation of any of these Terms of Use gives Foinoe sole discretion to refuse or terminate access to the FOIRing Services effective immediately. In such an event you are obliged to immediately destroy any copies you have made of any portion of the FOIRing Services.
You may propose to Foinoe modifications or improvements to all or any part of the FOIRing Services. By choosing to disclose such proposal to Foinoe, you hereby grant Foinoe all title and ownership and intellectual property rights to such proposal.
Indemnity
You agree to defend, indemnify and hold Foinoe and its partners, affiliates, service providers, licensors, officers, directors, employees and agents harmless from and against any claims, actions or demands, including but not limited to reasonable legal and accounting fees, alleging or resulting from: (a) your violation of these Terms of Use; or (b) your violation of Foinoe's intellectual property rights, any third party rights or any applicable law when using the FOIRing Services.
Local Law and Export Control
In relation to your purchase and use of the FOIRing Services, you agree to comply with the laws of your local jurisdiction as well as with any export restrictions of the China and certain other countries on products or information.
Third Party Services
To increase value to our users, we may provide links or references to third party websites or services within the FOIRing Services. We have no control of such websites or services and do not assume any responsibility or liability for any damage or loss of any kind for or due to their content, functionality, or practices. If you decide to access these third party websites or services, you do so at your own risk. Foinoe suggests that before using these third party websites or services you read their terms of use and privacy policies (if any).
Content and Warranty Disclaimer
Except for the limited warranty for the ring forth below, the ring and the FOIRing Services are provided by Foinoe and its affiliates “As is.”
Neither Foinoe partners, suppliers, or affiliates make any representations or warranties of any kind, express or implied, as to the operation of the FOIRing Services (Including the ring), its contents, or any information made available by or through the FOIRing Services. In addition, Foinoe and its partners, suppliers and affiliates disclaim all warranties with respect to the FOIRing Services (Including the ring), express or implied, including but not limited to the implied warranties of merchantability, title, fitness for a particular purpose and non-infringement. Furthermore, Foinoe does not warrant that use of the FOIRing Services will be uninterrupted, available at any time or from any particular location, secure or error-free, that defects will be corrected, or that the FOIRing Services (Including the ring) are free of viruses or other potentially harmful components.
Limited warranty for the ring. Foinoe warrants to the original end user purchaser that the ring is free from defects in material and workmanship for one (1) year from the date of purchase.
If your local law in effect at the time of purchase requires a warranty period longer than one (1) year, this warranty shall be extended to the extent required by such law. Within the warranty period, Foinoe shall repair or replace at no charge to you any components of the ring that fail the limited warranty provided. You shall be responsible for any related transportation charges. Replacement products may be new or refurbished at our discretion. This limited warranty does not apply to (i) normal wear and tear, including Scratches and dents; (ii) consumable parts included in ring such as batteries, unless product damage has occurred due to a defect in materials or workmanship; (iii) damage resulting from your failure to use the ring in accordance with the instructions accompanying the ring or available at our website; (iv) damage resulting from an accident, flood, fire, misuse, or abuse; (v) damage resulting from service performed, or damage resulting from tampering or alterations to the ring, by anyone not authorized by Foinoe; or (vi) use of the ring with any other application or software than the FOIRing mobile app.
Foinoe retains the exclusive right to repair or replace the ring, or offer a full refund, at its sole discretion. Such remedy shall be your sole and exclusive remedy for any breach of warranty. Warranty repairs and replacements have a new warranty which is the longer of ninety (90) days or the balance of the original one-year warranty.
Limitation of Liability
In no event will Foinoe or any of its affiliates be liable for direct, indirect, incidental, punitive or consequential damages (Including without limitation those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use or the results of use of the ring and the FOIRing Services, whether such damages are based on warranty, contract, tort or any other legal theory and whether or not Foinoe has been advised of the possibility of such damages. The aggregate liability of Foinoe, arising from or relating to the ring and FOIRing Services (Regardless of the form of action or claim, E.G. Contract, warranty, tort, strict liability, negligence, or any other legal theory) is limited to $100. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations will apply to the maximum extent allowed by such applicable law.
Governing Law and Disputes
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these terms of Use or your purchase of any element of the FOIRing Services.
Regardless of the country in which you reside, these Terms of Use shall be governed by and construed in accordance with the laws of China, without regard to the principles of conflicts of law of any jurisdiction.
Both parties shall use their best efforts to settle by amicable negotiations any disputes which may occur between them arising out of or relating to these Terms of Use; the existence, validity, termination, interpretation of any term hereof; and disputes regarding your use of the FOIRing Services. If the parties fail to reach an amicable settlement, either party may refer such dispute to binding arbitration.
In either case, the arbitration shall be conducted by a single arbitrator who shall be a professional, legal or otherwise, but shall not be, or have previously been associated with either party (the "Arbitrator"). The arbitral award shall be final, binding and non-appealable. The Arbitrator's award must be reasoned and issued in writing within thirty (30) days of the hearing, unless otherwise agreed to by Foinoe and you.
Notwithstanding the foregoing, in recognition of the irreparable harm that a breach by you of Foinoe's intellectual property rights would cause, Foinoe may seek an injunction against such violation or breach in a court of competent jurisdiction.
General
English language shall govern all documents, notices, and interpretations of these Terms of Use. Sections titled Precautions, Indemnity, Content and Warranty Disclaimer, Limitation of Liability and Governing Law and Disputes shall survive and remain in effect after your license to use the FOIRing Services has terminated for any or no reason.
Foinoe's failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Foinoe in writing. These Terms of Use constitute the entire agreement between you and Foinoe with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void.