Electrokare Terms & Conditions
ElectroKare Terms & Conditions
1. Introduction. These Terms and Conditions (“Terms”) govern your access to and use of the ElectroKare mobile application and related services (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 Policy. By accessing and using the Services in any manner, you acknowledge that you have read, understood, and agree to be bound by the Terms and Privacy Policy. If you do not accept and agree to be legally bound by the Terms and Privacy Policy, you are not authorized to use the Services. We may modify these Terms or our Privacy Policy from time to time. If we make material changes, we will provide reasonable notice through the Services or by other means and in any case comply with any notice laws of the jurisdiction for which the user resides. Your continued use of the Services after such notice constitutes your acceptance of the modified Terms. If you have any feedback or questions, please contact our Support Team by emailing us at: admin@ElectroKare.com.
2. Eligibility. You must be at least 18 years old (or the legal age of majority in your jurisdiction) to use the Services. If you are under the age of majority, your use is permitted only with the consent and under the supervision of a parent or legal guardian, who is responsible for your actions under these Terms, 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 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. Services. The Services allow you to input (including through third parties) and create certain information and materials, including workout data, biometric data and other health information (“User Content”). You retain all ownership rights in your User Content. However, by submitting User Content, you grant ElectroKare a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and process such content solely to provide the Services to you.ElectroKare will not promote or publicize your use of the Services or this Agreement without your prior written consent.We 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. ElectroKare reserves the right to review all User Content prior to or after submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
4. Confidentiality. 4.1. Use of Confidential Information. The parties acknowledge and agree that the Confidential Information of each party is valuable and shall remain the property of that party and must only be used in accordance with the Terms. For the avoidance of doubt, the user’s information belongs to the user.No Confidential Information or information concerning the Agreement may be disclosed to any third party without the prior written consent of the non-disclosing party except to the extent that:(a) the party is required to do so by any Government Agency, the law (including Privacy Laws), or otherwise to comply with its obligations under these Terms; or(b) the user may disclose its own Information, provided that ElectroKare shall not be liable for any Loss or claim arising from such disclosure.
4.2. Definition of Confidential Information. “Confidential Information” shall mean the Terms and all information disclosed to a party (or any employee or agent of such party) by or on behalf of the disclosing party, subject to the Terms, including:(a) information which, either orally or in writing, is designated or indicated as being proprietary; or(b) trade secrets and information which is capable of protection at law or equity as confidential information, but excludes information that is already publicly known (other than through breach of this Terms), was already known at the time of disclosure by the disclosing party (unless such knowledge arose from disclosure of information in breach of an obligation of confidentiality) or the receiving party acquires the Confidential Information from a source other than the disclosing party where such source is entitled to disclose it.
4.3. Return of Confidential Information. Each party must, upon demand from another party, return to such other party any material which is Confidential Information supplied by such other party in connection with these Terms.
5. Access and Updates. We reserve the right to modify, suspend, or discontinue any aspect of the Services. We may also provide updates or upgrades to improve functionality. Continued use of the Services constitutes acceptance of any modifications.
6. Intellectual Property. All intellectual property rights in the Services and any content provided through the Services by ElectroKare (“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 from an authorized marketplace, only in object code format, and only for your own personal use in compliance with the law.
7. 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 as expressly permitted by 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.
8. 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. We are not responsible for the content, privacy practices, or terms of such third parties. Your interactions with any third party are solely between you and that third party. If you download the ElectroKare application (the “App”) from an application store or third-party provider (“App Provider”), you acknowledge and agree that: (i) these Terms are between you and ElectroKare, not the App Provider; (ii) the App Provider has no further obligations with respect to warranty failures or any other claims, liabilities, damages, costs, or expenses. The App Provider and its subsidiaries may enforce these Terms as third-party beneficiaries with respect to your license to the App or use of the App must also comply with any applicable third-party terms of service imposed by the App Provider.
9. Content Accuracy and Updates. ElectroKare makes no representations or warranties regarding the completeness, reliability, or currency of any content available through the Services. We are not obligated to update any content. Your reliance on such information is at your own risk.
10. Medical Disclaimer. All services provided by the App, including, without limitation, electrolyte tracking, hydration suggestions, and fitness monitoring are provided for informational purposes only and do not constitute medical advice, diagnosis, or treatment. ElectroKare is not a healthcare provider. Always consult a qualified medical professional before acting on any information obtained through the Services.
11. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELECTROKARE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO MISUSE OR INABILITY TO USE THE SERVICES.
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, where such exclusion or limitation is prohibited by law.
12. Data Breaches. For as long as ElectroKare holds any personal data, Electrokare will maintain a Security Breach response plan, and notify any impacted user within 14 days of becoming aware of any Security Breach.
12.1. Breach Response. Following such notification, Electrokare will:(a) outline any proposed remedial action;(b) at its own cost, co-operate with all impacted users in relation to an investigation of any Security Breach, and in the resolution of any Security Breach to the impacted users’ satisfaction;(c) demonstrate to impacted users why the Security Breach will not reoccur;(d) to the extent permitted by law, immediately notify impacted users of any direction or request from any regulatory authority, or of any other third party legal process, relating to any Security Breach; and(e) unless prohibited by law, provide impacted users with reasonable notice of and the opportunity to review and comment on the content of all public notices, filings, or press releases about a Security Breach that directly or indirectly identifies impacted users or their affiliates prior to any such publication.
12.2. Definition of Security Breach. For the purposes of these Terms, “Security Breach” means an actual, probable or reasonably suspected corruption, interference or loss, or unauthorized access, use, modification, processing, disclosure or other misuse of personal data, including without limitation a serious data breach within the meaning of any privacy law of the United States or the jurisdiction for which the user resides.
12.3. Data Defect. If an act or omission of Electrokare or its Personnel results in corruption or deletion of, or introduction of any errors into, any personal data of a user (“Data Defect”), without limiting any right or remedy that has or may accrue, Electrokare must:(a) after becoming aware of the Data Defect, notify the impacted user as soon as practicable of the Data Defect and the consequences or implications of the Data Defect, including any impact on the reliability of the personal data;(b) on request from impacted user, rectify the Data Defect as quickly as possible and in any event within a reasonable period specified by the user, or if it is unable to do so, co-operate with the user in remedying or procuring the remedying of the Data Defect; and(c) bear all costs of remedying the Data Defect, including additional costs reasonably incurred by the impacted user in remedying and attempting to remedy the Data Defect.
13. Indemnification. To the extent permitted by law, ElectroKare shall indemnify, defend, and hold harmless its users against any claim, loss, damage or expense (including legal fees) arising out of or in connection with:(a) any negligence, misconduct or willful, reckless, malicious or fraudulent acts or omissions by ElectroKare or its personnel; and(b) any breach of these Terms by ElectroKare.By using the Services, you agree to defend, indemnify, and hold ElectroKare and its personnel harmless from and against any claims, actions or demands and liabilities arising from, or alleged to arise from, your violation of these Terms.
14. Governing Law. These Terms are governed by the laws of the State of Delaware, USA, excluding its conflict of law rules. If you reside outside the U.S., your local laws and courts may govern, and ElectroKare submits to their non-exclusive jurisdiction. Any claim or cause of action related to the Services must be commenced within one (1) year after it accrues.
15. Dispute Resolution, Arbitration, and Class Action Waiver.
15.1. Informal Resolution. You agree to first contact us at privacy@ElectroKare.com to seek resolution of any dispute.
15.2. Binding Arbitration. If a dispute remains unresolved after sixty (60) days of informal resolution efforts, you and ElectroKare agree to resolve it through final and binding arbitration:
For U.S. users: Under the rules of the Federal Arbitration Act, administered by the American Arbitration Association (AAA);
For users in the EEA or UK: Under the Rules of Arbitration of the International Chamber of Commerce (ICC);
For users in Australia: Under the Arbitration Rules of the Australian Centre for International Commercial Arbitration (ACICA).The arbitration will be conducted before a single arbitrator, and the language of arbitration will be English. The arbitrator’s decision shall be final and binding. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
15.3. Class Action Waiver. Disputes will be resolved individually. You waive any right to participate in a class, collective, or representative action.
16. International Users. If you are accessing the Services from outside the United States, you understand and consent that certain information, including personal data, may be transferred to, stored and processed in jurisdictions that may not provide the same level of data protection as your jurisdiction.
Where feasible, ElectroKare will de-identify personal data prior to storage or further processing. In all cases, ElectroKare will handle your information in accordance with the applicable data protection laws of your jurisdiction, including, where applicable, the General Data Protection Regulation (GDPR), the UK Data Protection Act, Australia’s Privacy Act, and similar national or regional data privacy frameworks..
You are not permitted to access or use the Services if you are located in a country subject to a U.S. government embargo or if you are listed on any U.S. government list of prohibited or restricted parties. You agree to comply with all applicable local laws, rules, and regulations, including without limitation those in effect in the places where you live and where you access the Services.
17. Miscellaneous.
17.1. Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force.
17.2. No Waiver. Our failure to enforce any right or provision will not constitute a waiver of such right or provision.
17.3. 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.
17.4. 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. All rights, title, and interest in and to the Services not expressly granted in this Agreement are reserved by ElectroKare. If you wish to use ElectroKare’s software, title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features or other content owned by ElectroKare, you must obtain written permission from ElectroKare.
17.5. 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, or otherwise transfer or 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.
17.6. Acceptable Use Instructions.17.6.1. 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.
17.6.2. 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”).
17.6.3. Creating a Service Link. Please abide by the following guidelines if you would want to link to our Services on your website or 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. 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.
17.7. 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 and (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.
17.8. Community Standards. You 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 (a) no superfluous content, (b) no abuse or harm to children, (c) no exploitation or disruption of resources, (d) to abide by all laws and (e) never request personal information. The Community Standards may be updated at our sole discretion.
17.9. DMCA and Intellectual Property. You 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.
17.10. 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 may be available on, link to, or interact with. Please note that separate terms and privacy policies may apply to your use of such third-party services.
17.11. Cellular Services. You will need a suitable device in order to use or access our App. Although we work hard to make the Services accessible across a wide range of platforms, we do not guarantee that the App will be compatible with your specific device. Nevertheless, if you have any questions or issues, please contact Customer Support; we are happy to assist you.
17.12. 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. These Terms constitute the entire agreement between you and us regarding your use of the Services. 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.
