Spinal Tech B.V. (“Spinal Tech”, “we”, “our”, “Company”) welcomes you (the “User(s)”, or “you”) to our website at www.wearlia.com (the “Site”) and our mobile application (the “App” as further detailed below). Each of the Site’s and/or App’s Users may use them in accordance with the terms and conditions hereunder.
IF YOU DO NOT AGREE TO TAKE ALL OF THE TERMS AND CONDITIONS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SITE AND/OR APP IN ANY MANNER, DO NOT INSTALL THE APP AND/OR PROMPTLY UNINSTALL THE APP FROM YOUR MOBILE DEVICE.
Our app tracks your posture while using Lia sensor device (“the Device”, or “the Product”) and our site provides information regarding our company and Device (you may also purchase our Device through the site) The Device is wearable electronic device consisted of 2 sensors which connects through Bluetooth 4.0 and upper to your mobile phone and tracks your posture. When you are not sitting upright, the device vibrates and remind you to correct your posture, include the sending of push-notifications, messages, emails, alerts via various means of communication. You can deactivate the push-notifications at any time by changing the notification settings on your device. During the using of our Device, it should be worn on the shoulders and set through the calibration to optimally correct position for user.
USER SHOULD UNDERSTAND THAT THE DEVICE DOES NOT CONSTITUTE MEDICAL DEVICE OR PROFESSIONAL SERVICE AND SHOULD ALWAYS CONSULT WITH A QUALIFIED MEDICAL ADVISOR. THE CONTENT ON THE SERVICE, INCLUDING ANY INFORMATION, MATERIAL, DATA AND THE RESULTS OF THE USER’S USE OF THE DEVICE, IS MADE AVAILABLE FOR PERSONAL USE ONLY.
Please note: You should pay certain fees in order to receive the Device. The using of the app and the site is entirely free of charge. In addition, you hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the App and/or Site, according with the applicable rates charged by your respective third party internet and data usage service provider as may be from time to time.
ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE AND/OR APP ARE RESERVED TO SPINAL TECH. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND/OR APP AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. SPINAL TECH ] WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS, INCURRED BY YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR APP AND/OR SERVICES AND/OR THE CONTENT AVAILABLE THEREIN.
YOUR USE OF THE SITE AND/OR APP AND/OR THE CONTENT AND/OR THE DEVICE IS ENTIRELY AT YOUR OWN RISK.
There are certain conducts which are strictly prohibited when using the Service. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result in the termination of your use of the Service and may also expose you to civil and/or criminal liability.
You may not (and you may not permit any third party to) unless otherwise explicitly permitted under these Terms: (a) use the Site and/or App and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Site and/or App and/or Content for non-personal or commercial purposes without Spinal Tech’s express prior written consent; (c) remove or disassociate, from the Content and/or the Site and/or App any restrictions and signs indicating proprietary rights of Spinal Tech or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®), and you represent and warrant that you will abide by all applicable laws in this respect; (d) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Service; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Site and/or App; (i) copy, modify, alter, adapt, replicate, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made available by Spinal Tech on or through the Site and/or App, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Spinal Tech’s proprietary rights, including Spinal Tech’s Intellectual Property (as such term is defined below), in any way or by any means, unless expressly permitted in the Terms and/or under any applicable laws which expressly permits such actions; (k) make any use of the Content on any other site or networked computer environment for any purpose without Spinal Tech ’s prior written consent; (l) create a browser or border environment around Spinal Tech Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or App and/or Content; (n) frame or mirror any part of the Site without Spinal Tech’s prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content from the Site and/or App; (p) transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;(q) use the Service for any purpose for which the Site and/or the Service is not intended and/or (r) infringe and/or violate any of the Terms.
Spinal Tech grants to you, and you accept, a personal, nonexclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license (i) to download and use the App on your authorized mobile phone, device or tablet that you own or control, solely for the limited purpose of using the App for your internal non-commercial use, and for no other purpose, strictly in accordance with the Terms, the applicable Usage Rules (defined below) and applicable law; and (ii) to use the Service and the Content
The Site, the App, the Content and the Company’s proprietary assets and any and all intellectual property rights pertaining thereto (including without limitation, any all intellectual property rights relating to the Device), including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, and trade secrets, whether or not registered or capable of being registered(collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
We may update or change the Site or App time to time to time to reflect changes to our products, our business priorities and user’s needs.
The site and App is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to use the Services without parental permission.
We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by Spinal Tech, and does not portray Spinal tech in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. No link(s) should appear that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
The following terms apply when you use App obtained from either the Apple Store or Google Play (each an App Distributor) to access the Services:
The licence granted to you for our App is limited to a non-transferable licence to use the app on a device that utilized the Apple iOS and Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of the service
We are responsible for providing any maintenance and support services with respect to the mobile app as specified in these terms and conditions or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application
These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company.
If you have any questions or comments concerning the Terms and conditions, please, send us an email to [email protected]