Date of Last Revision: March 18, 2022

PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SITES (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITES.

These website terms of use (“Site Terms”) apply to your access to, and use of, Hapbee Technologies, Inc.’s (“Hapbee”) website that is located at www.hapbee.com, all associated websites linked to www.hapbee.com by Hapbee or its affiliates, and any other website or mobile sites that links to these Site Terms (each a “Site” and collectively the “Sites”) or any Hapbee products (“the Products”), the Hapbee mobile application (the “Mobile App”), software or services (collectively, the “Hapbee Services”). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Hapbee, or its subsidiaries or affiliates, for products, services or otherwise.

In this Site Terms, Hapbee Technologies, Inc. is referred to as “Hapbee” or “we” or “us”. We refer to you as “you”. Hapbee and You are referred to in this Site Terms individually as the “Party” and collectively as the “Parties”.

Additional terms and conditions may apply to your use of certain portions of the Sites, your use of services offered through the Sites, or your purchase of products through the Sites (collectively, “Additional Terms”). If there is a conflict between these Site Terms and any Additional Terms, the applicable Additional Terms shall control with respect to your use of such portions of the Sites, your use of such services, or your purchase of such products.

1. CHANGES

Hapbee may change or modify these Site Terms at any time. Your continued use of the Sites will constitute your acceptance of any changes to these Site Terms. It is your responsibility to review these Site Terms from time to time — it’s important you understand the terms and conditions that apply to your use of the Sites. Hapbee reserves the right to withdraw or amend the Sites, and any services or materials it provides on the Sites, in its sole discretion without notice. Hapbee will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period. From time-to-time Hapbee may restrict access to some parts of the Sites, or all of the Sites, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Sites.
• Ensuring that all persons who access the Sites through your internet connection are aware of these Terms of Use and comply with them.

2. PRIVACY POLICY

Your privacy is important to Hapbee. Hapbee’s Privacy Policy describes how Hapbee collects, uses, and discloses information. To access the Sites or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Sites that all the information you provide on the Sites is correct, current, and complete. You agree that all information you provide to register with this Sites or otherwise, including, but not limited to, through the use of any interactive features on the Sites, is governed by our Privacy Policy https://hapbee.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree to not provide any other person with access to this Sites or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any use name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

3. COMMUNICATIONS AND DATA COLLECTION

Hapbee may collect and process information regarding your usage of the Services. You consent to Hapbee’s collection and use of such information, as well as the sharing of such information with third-party service providers for purposes of providing, marketing, and improving the Services, and any other reason described in the Privacy Policy. All personal information collected by Hapbee is treated in accordance with the Privacy Policy

By agreeing to the terms and conditions in this Site Terms and providing your contact information to Hapbee, you give your express consent to allow Hapbee, its affiliates, and agents to contact you from time to time at any mailing address, phone number, or email address you provide to Hapbee.

Your consent means you agree to be contacted by Hapbee and its service providers via telephone, electronic mail, text message, or other means for any purpose, including but not limited to notifications related to the Services and your account, subscriptions, purchases, available upgrades, billing and payment processing issues, and telemarketing communications. Such authorized communications may include use of automated dialing technology or the use of pre-recorded messages. You are responsible for any charges that may be billed to you by your service provider(s) when we contact you. You further acknowledge that your consent to the foregoing is not a condition of using the Hapbee Services, and if you do not wish to consent, you may contact us and request to be placed on a do not contact list, or you may opt out any time using the opt-out mechanism provided in any such communications.

Hapbee disclaims all liability under this Site Terms for any information you provide to Hapbee that may constitute electronic patient health records or similar information supplied by you or an end user, notwithstanding anything to the contrary in this Site Terms or as otherwise required by any applicable federal, state, or international laws, rules, or regulations.

4. HAPBEE SIGNAL CATALOG

The Hapbee Signal Catalog will contain the initial set of Hapbee signals, plus any new ones that are released into the membership's Signal Catalog. Hapbee may, at its discretion in the future, offer individual signals at a price lower than the monthly membership or offer a limited number of premium signals outside of the membership Signal Catalog.

5. SITE MATERIALS

The Sites and all content and other materials on the Sites — including, without limitation, Hapbee’s name, trademarks, logos, taglines, product names, and service names, and all artwork, designs, text, graphics, pictures, information, data, software, sound files, page headers, button icons, scripts and other files, and the selection, arrangement, and “look and feel” thereof (collectively, the “Site Materials”) — are the property of Hapbee or its licensors and are protected by U.S. and international trademark, trade dress, copyright, patent and other intellectual property and unfair competition laws.

These Terms of Use permit you to use the Sites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Sites, except as follows:

• Your computer or your mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those material;
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Sites for your own personal, non-commercial use and not for further reproduction, publication, or distribution;
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications;
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this site;
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site;
• Not access or use, for any commercial purposes, any part of the Sites or any services or materials available through the Sites;
• Access, use or exploit the Hapbee Service in any manner (other than as expressly permitted by these Terms), including to build, develop (or commission the development of), replicate, or consult upon any product or service that may compete (directly or indirectly) with Hapbee or the Hapbee Service;
• Violate any applicable law or regulation; 
• Encourage or enable any other individual to do any of the foregoing;
• You will not use Hapbee for any fraudulent or unlawful purposes;
• Download and/or install any third-party software and/or application on any Hapbee equipment that is not expressly permitted by Hapbee in writing;
• Attempt to test the vulnerability of any Hapbee equipment or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Hapbee or any of Hapbee’s providers or any other third party (including another user) to protect the Hapbee Service or Content;
• Bypass any territorial restrictions, including IP address-based restrictions, that may be applied to the Hapbee Service;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation relating to Hapbee;
• Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Hapbee Services or Content;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Hapbee Service;
• Collect or store any personally identifiable information from Hapbee and from other users of the Hapbee Service without their express permission;
• Copy, use, index, disclose or distribute any information or data obtained from the Hapbee Service, whether directly or through third parties (such as search engines), without Hapbee expressed written consent;
• Alter, replicate, store, distribute or create derivatives from the Content available via the Hapbee Service except as expressly permitted in writing by Hapbee;
• Impersonate or misrepresent your affiliation with any person or entity;
• Access, use or exploit the Hapbee Service in any manner (other than as expressly permitted by these Terms), including to build, develop (or commission the development of), replicate, or consult upon any product or service that may compete (directly or indirectly) with Hapbee or the Hapbee Service;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing

If you wish to make any use of material on the Sites other than that set out in this section, please address your request to: 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Sites in breach of the Terms of Use, your right to use the Sites will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Sites or any content on the Sites is transferred to you, and all rights not expressly granted are reserved by Hapbee. Any use of the Sites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws

6. NECESSARY EQUIPMENT

Full use of the Hapbee Services is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Hapbee Services and it is your responsibility to ensure the equipment’s functionality. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.

7. MEMBERSHIP REGISTRATION

To enjoy full access to the services of Hapbee, you must register as a member of the Hapbee Community and enter into a subscription agreement for access to Hapbee content and features (“Membership”).. You must provide complete and accurate information during registration for Hapbee, complete the Membership process, and notify us if any of your information changes. Failure to keep your account information up to date, we may suspend or terminate your Membership.

You must be 18 years old and over to register as a member of the Hapbee Community for access to Hapbee contents and features. Hapbee Services are not intended for the use of children under 18 years of age. Please see our Privacy Policy regarding Children under 18 years of age, for more information.

You may not use someone else’s name, or any name, location, other public profile information or image that violates any third-party rights, is against the law, or that is offensive, obscene, or otherwise objectionable (in Hapbee’s sole discretion).

You are solely responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the Hapbee. If you become aware of an unauthorized access to your account, change your password and notify our Support team immediately.

Hapbee shall make reasonable efforts to provide adequate support services for Hapbee Services. Notwithstanding the foregoing, these Site Terms does not entitle you to any guaranteed level, availability, or turnaround time of supper services for Hapbee Services. 

 8. PAYMENTS

Hapbee will provide on its membership and subscription requirements on the Hapbee website and/or by other means through the Mobile App. Features and prices are subject to change.

Paid services includes the Hapbee Services, which may be one-time purchases or automatic renewing subscription services (“Paid Services”). We may make changes to, suspend, or discontinue Paid Services at any time for any reason.  Hapbee reserves the sole discretion to determine which Hapbee Services or portions thereof require payment. 

Paid Services may include pre-ordered Products that will be produced for you in the future (“Pre-Order”). You will be charged a Pre-Order fee when placing you Pre-Order. The actual date for shipping any accepted Pre-Order will depend on a variety of factors, including but not limited to, the date of payment of your Pre-Order fee and Hapbee’s manufacturing schedule. There is no shipping date guarantee for Pre-Orders. 

You agree to pay all applicable fees for the Paid Services including, without exclusion, any monthly subscription fees, use fees, and offering fees and any other fees, charges, or cost that you agree to purchase as part of the Paid Services during the checkout process (“Fees”). You agree to pay all Fees and all applicable taxes incurred prior to termination or cancellation of the Site Terms. 

You authorize Hapbee to charge your preferred method of payment for the Paid Services. By providing an acceptable payment method, you represent and warrant that you are authorized to use the preferred payment method and that you authorize us or our third-party payment processor to charge your payment method for the total amount of your purchase, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Paid Service may be suspended or canceled. You must resolve any problem we encounter in relation to the payment method you provide to proceed with your use of the Hapbee Services. If you accept a promotional offer or make changes to your Paid Services, the Fees, taxes, and amounts billed may vary. Billing amounts may also vary due to changes in applicable taxes or currency exchange rates. You authorize us or our third-party payment processor to charge your payment method for the corresponding amount. Refunds will not be issued unless required by law. This payment obligation shall survive termination or cancellation of this Site Terms for any reason whatsoever.

If you choose to finance a purchase through our third-party payment processor and one or more items in your order has an extended ship date, your loan payment(s), including interest, may be due before we ship all the items. Please note that you may not receive a rebate of any interest that may have already accrued on an amount that is later refunded.

9. SUBSCRIPTION

The Membership is a subscription-based purchase, to which the following terms apply:

Your Membership term may vary as a continuous, monthly, annual, or lifetime term (“Membership Term”), as described while purchasing the Paid Services.  Your Membership will automatically renew for additional Membership Terms until your Membership is cancelled by you or suspended or terminated by Hapbee.  Unless otherwise indicated by us, your preferred payment method will be charged prior to, or at the beginning of, each Membership Term for the Membership fee plus any applicable taxes and other charges. Before charging you for a Membership Term, you will be notified of the applicable fees, and the renewal will occur at the price then in effect for the Paid Service.

Hapbee reserves the right to adjust the Fees for our Paid Services, or any features or parts of our Paid Services, at any time. You acknowledge that Hapbee may change the Fees for Paid Services at any time. In the event of such a change, Hapbee will provide notice to you via the email address associated with your account at least thirty (30) days in advance of the effective date of the change. Your continued use of the Services indicates your acceptance of any changes to the Fees. You are solely responsible for all applicable taxes and will be charged for taxes when required by law.

Free Trial

From time to time, we may offer free trials of certain Membership for specified periods of time without payment. Prior to starting a free trial, we will notify you of the applicable Membership fees that will be charged at the expiration of your free trial. Unless you cancel your Membership prior to the end of your free trial by taking the steps outlined above, when your free trial ends, we or our third-party payment processor will bill your preferred payment method on a recurring basis for your Membership fee, plus any applicable taxes and other charges, for as long as your Membership continues. You must cancel your Membership before the end of your free trial period to avoid any charges. Instructions for canceling your Membership are described above.

Your payment information will be processed and stored through a third-party payment processor. All paid account holders must maintain at least one valid payment method for payment of Fees, which are described in more detail during checkout. All Fees are calculated and billed to you on a monthly or annual basis depending upon your choice and are due immediately upon receipt and are subject to change. You acknowledge that Fees have a recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation. Fees shall be charged or debited from the saved, preferred payment method you provide one day prior to the monthly or yearly anniversary of the initial purchase date.

In the event that you have not logged in or otherwise used the Services for six (6) months or longer following purchase or receipt of a Product during a free trial, we reserve the right to terminate your Membership, cancel any pending purchase(s), and refund you the purchase price of the Product only. You will not be entitled to a refund for the value of the Membership during the free trial.

 10. SALE OF PRODUCTS

Hapbee accepts orders for the Hapbee’s wellness equipment, apparel, and accessories that we may offer through the Hapbee website. Unfortunately, availability of products cannot be guaranteed. Please note that product, services, and other information provided is subject to corrections and changes without notice. Advertising depictions, graphics and diagrams are for illustrative purposes only and may not accurately reflect actual product or component availability. Colors, styles, and other variants depicted are for illustration only and are subject to change. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions.

You acknowledge and agree that Hapbee Services may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions; (b) periodic maintenance or repairs which Hapbee may undertake from time to time without notice to you; or (c) causes which are beyond the control of Hapbee or which are not reasonably foreseeable. 

Unless otherwise specified at the time of purchase, you must pay for products when you place the order. All products ordered will be delivered to the shipping address you provide. We reserve the right to cancel an order placed by you at any time and for any lawful reason prior to our delivery of the product(s) and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those products if we cancel. We may send an acknowledgment of receipt of your order to the email address you provide and/or proof of purchase information through the Hapbee website or to your email address after your payment has been processed. Please see our Warranty and Return Policy for further information about Hapbee products. 

 11. YOUR USE OF THE SITES AND SITE MATERIALS

Your right to access and use the Sites is always subject to these Site Terms and is solely for your informational, non-commercial, and personal use.

You are not allowed (directly or indirectly) and shall not permit any third party to: (a) resell or otherwise make commercial use of the Sites or the Site Materials; (b) collect or use any images, descriptions, or other content included in the Site Materials, or any portion thereof; (c) copy, imitate, distribute, publicly perform, or publicly display any Site Materials; (d) modify or otherwise make any derivative uses of the Sites or the Site Materials, or any portion thereof; (e) use data mining, robots or similar data gathering or extraction methods on any of the Sites; (f) revere engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any platform of the Hapbee Services; (g) perform, or release or disclose the results of, any benchmark testing or vulnerability assessments of the Sites; (h) introduce into the Sites any viruses, trojan horses, malware, spyware, adware or other disruptive software, or any software code, which is designed to disrupt, damage, or perform unauthorized actions on a computer system; (a) remove or alter any proprietary notices or labels on or in the Sites; (j) use the Sites to directly or indirectly develop any product or service that competes with the Sites; (k) download (other than page caching) any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (l) use the Sites or the Site Materials other than for their intended purpose.

Notwithstanding anything to the contrary in this Site Terms, we may temporarily suspend access to the Hapbee Services provided to you and any other third-party for any reason, including, without limitation: (a) security purposes; (b) to prevent illegal or fraudulent activity; (c) to comply with the requests of any legal agency or government entity; or (d) if you violate the Agreement or the Privacy Policy. 

You are solely responsible for ensuring and maintaining that you are able to access and use Hapbee Services, including by securing you own compatible hardware, Mobile App, internet connection, security App, backup devices or services, and any other requirements. Hapbee shall not have the responsibility for any data loss or other damage, or loss suffered in connection with your use of Hapbee Services. 

Any use of the Sites or the Site Materials other than as specifically authorized herein, without Hapbee’s prior written permission in each instance, is strictly prohibited. Such unauthorized use may violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

Hapbee Community 

Hapbee does not monitor the Hapbee Community Forums (“Forums”). Members may access and share their content on the Forums, such as comments and pictures, in way that it does not violate the right of any other member, is against the law, or that is offensive, obscene, or otherwise objectionable (in Hapbee’s sole discretion). Members retain all rights to the content they post on the Forums or the Hapbee website. By publishing your content and making it available on or through the Forums though our testimonial section, you hereby grant to Hapbee a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute the content, in whole or in part, including your name and likeness, in any media. 

Hapbee Members represent and warrant that their content, the use, and their use of Hapbee will not:

• infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
• violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
• be fraudulent, false, misleading, or deceptive;
• be defamatory, obscene, pornographic, vulgar, or offensive;
• promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
• be violent or threatening or promote violence or actions that are threatening to any person or entity; or
•  promote illegal or harmful activities or substances.

 

As a member of the Hapbee Community, you further agree not to

• upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content;
• use or attempt to use another user’s account without authorization, or impersonate any person or entity;
• harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications;
• post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or
• use the Hapbee in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying Hapbee equipment, or which may expose us or our users to any harm or liability of any type.

We reserve the right (but are not required) to remove or disable access to the Hapbee Community or any Hapbee Services at any time and without notice, and at our sole discretion, if we determine that the your use of the Hapbee Services is objectionable or in violation of these Terms.

12. CONTESTS AND GIVEAWAYS

Additional terms and conditions may apply to surveys, contests, giveaways, and other promotions sponsored by Hapbee or its partners. It is your responsibility to carefully review those terms and conditions.

13. CHANGES TO THE HAPBEE SERVICES

Hapbee may change or discontinue, temporarily or permanently, any feature, component, or content of the Hapbee Services at any time without notice. Hapbee is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, or content of the Hapbee Services. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Hapbee Services without prior notice to you.

14. HYPERLINKS TO THE SITES

You may link to the Hapbee homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Sites may provide certain social media features that enable you to:

• Link from your own or certain third-party sites to certain content on the Sites.
• Send emails or other communications with certain content, or links to certain content, on the Sites.
• Cause limited portions of content on the Sites to be displayed or appear to be displayed on your own or certain third-party Sites.
• You may use these features solely as they are provided by Hapbee solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
• Establish a link from any Site that is not owned by you.
• Cause the Sites or portions of them to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

Otherwise take any action with respect to the materials on the Sites that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion. You may create text hyperlinks to the Sites for noncommercial purposes, provided such links do not, directly or indirectly, (a) portray Hapbee or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner; or (b) contain any adult or illegal material, or any material that is offensive, harassing or otherwise objectionable.

15. THIRD PARTY PRODUCTS AND SERVICES

Hapbee may provide third party content on the Sites, run third parties’ advertisements or promotions on the Sites, or otherwise provide information about or links to third party Sites and other third-party content, products, or services on the Sites (collectively, “Third Party Products and Services”). Hapbee does so for your convenience only, and does not control, endorse, or make any representations or warranties regarding any Third-Party Products and Services, including, without limitation, regarding the accuracy, efficacy, safety, or completeness thereof. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party. You acknowledge and agree that your use of any Third-Party Products and Services is at your own risk and that Hapbee is not responsible or liable in any manner for any such Third-Party Products and Services, or for any loss or damage you may incur as the result of your use of such Third-Party Products and Services.

Hapbee may, and at its sole discretion, engage other service providers to assist in the performance of Hapbee Services, such as web hosting providers, payment processors, and other third parties. You shall abide to the terms of use and other requirements associated with the services provided by the third parties in connection with Hapbee Services. 

 16. TRADEMARKS

The terms HAPBEE® and the Bee Design Mark are registered with the United States Patent and Trademark Office (“USPTO”), Registration Nos. 88472835 and 88343243, respectively, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors (“Trademarks”). You must not use such Trademarks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Sites are the trademarks of their respective owners. Hapbee reserves the right to register with the USPTO additional trademarks, to which it shall belong to the sole and exclusive property of Hapbee. You may not use such without the prior written permission of the company. 

You are not granted, by implication or otherwise, any license or right to use any marks appearing on, or used or displayed in connection with, the Products. Under no circumstances may you use or copy any of the Trademarks. Nothing herein should be construed as granting any license or right to use any Trademarks displayed in connection with the Services without Hapbee’s express written permission.

17. COPYRIGHT INFRINGEMENT

Reporting Claims of Copyright Infringement

At Hapbee, we take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Website") infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

• Kenneth S. Adessky
• Hapbee Technologies, Inc.
  
  

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Counter Notification Procedures 

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

• Your physical or electronic signature.
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

Our designated agent to receive Counter Notices is:

• Kenneth Adessky
  Hapbee Technologies, Inc.
  
  

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Repeat Infringers 

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

 

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California Service users are entitled to the following specific consumer rights notice: 

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

18. SAFETY WARNINGS

Refer to the User Guide and safety information provided before using Hapbee products. Use Hapbee products as directed in the instructions provided in the User Guide. If unexpected reactions occur because of Hapbee products you should immediately discontinue usage.

Medical Disclaimer

Hapbee IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTH CARE OR ADVICE. We are not responsible for any health problems that may result from recommendations, activities, or other information or events you learn or experience through the use of the Hapbee App or website. Therefore, for any products or services recommended on this website, you should read carefully all product packaging and instructions you purchase or intend to purchase. YOU AGREE THAT YOU USE HAPBEE AT YOUR OWN RISK. Information provided on this website and the use of any product or service from our website by you DOES NOT create a doctor-patient relationship between you and any of the physicians or health professionals affiliated with our website or Hapbee. Moreover, information and statements regarding devices’ safety discussed herein have not been evaluated by the Food and Drug Administration, or other Government bodies, and are not intended to diagnose, treat or cure any disease.

Do Not Use

The use of Hapbee equipment is contraindicated for people with pregnancy, epilepsy, bleeding, implanted metals, and pacemakers. The safety of Hapbee equipment has not been established in pregnancy, although there is no evidence of harm. Most manufacturers warn against the use of their device during pregnancy. You should use Hapbee with caution in grave’s disease or in the case of active bleeding. Do not use while consuming alcohol, driving, or operating machinery of any kind. Keep this product away from children. Scientists have not tested this device on children.

Adverse Reactions

The low-energy frequency generated by Hapbee equipment imitates similar effects of energy designed to help influence how you feel. All reactions tend to diminish relatively quickly with continued use. Consequently, if the adverse reactions are intolerable, you can lessen them by making some small changes to your protocols. These changes include decreasing treatment times and limiting the amount of the body that is being treated.

Hapbee equipment and Blends are not a substitute for a healthy lifestyle or for professional medical care.

19. WARRANTY DISCLAIMER

YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, HAPBEE IS PROVIDING THE SITES AND THE SITE MATERIALS ON AN “AS IS WITH ALL FAULTS” AND “AS AVAILABLE” BASIS FOR USE AT YOUR OWN RISK. HAPBEE DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITES AND THE SITE MATERIALS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INTERFERENCE, SYSTEM INTEGRATION, OR ACCURACY. HAPBEE TECHNOLOGY DOES NOT WARRANT THAT YOUR USE OF THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR SECURE. HAPBEE TECHNOLOGY ALSO MAKES NO REPRESENTATIONS OR WARRANTIES ON BEHALF OF ANY OF HAPBEE’S LICENSORS. YOUR SOLE REMEDY AGAINST HAPBEE OR ITS LICENSORS FOR DISSATISFACTION WITH THE SITES OR FOR ANY DAMAGE CAUSED BY THE SITES IS TO STOP USING THE SITES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU.

20. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL HAPBEE, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM HAPBEE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO HAPBEE’S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HAPBEE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE SITE TERMS OR YOUR USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIALS, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO HAPBEE FOR ACCESS TO OR USE OF THE SITES.

21. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Hapbee, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Sites, including, but not limited to, your User Contributions, any use of the Sites' content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Sites.

22. DISPUTE RESOLUTION

You agree that any dispute between you and Hapbee arising out of or relating to these Terms of Use, the Hapbee Services, or any other Hapbee products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.

Governing Law

These Site Terms and your use of the Sites will be governed by the laws of the Province of British Columbia, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Any legal suit, action, or proceeding arising out of or related to these Site Terms shall be instituted exclusively in the federal courts of Canada or the courts of the Province of British Columbia in each case located in Vancouver, British Columbia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Informal Dispute Resolution

We want to address your concerns without needing a formal legal case. Before filing a claim against Hapbee, you agree to try to resolve the Dispute informally by contacting claims@hapbee.com. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Hapbee may bring a formal proceeding.

Arbitration

You and Hapbee agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

Exceptions to Agreement to Arbitrate

Either you or Hapbee may assert claims, if they qualify, in small claims court in Vancouver, British Columbia or any Canadian city where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Hapbee Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the Informal Dispute-Resolution process described above.

Opt-out of Agreement to Arbitrate

You can decline this agreement to arbitrate by contacting claims@hapbee.com within 30 days of first accepting these Site Terms and stating that you (include your first and last name) decline this arbitration agreement.

Class Action Waiver

IMPORTANT – PLEASE REVIEW AS THIS MAY AFFECT YOUR LEGAL RIGHTS. APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW.

YOU AND HAPBEE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may consolidate another person’s claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose. If this specific provision is found to be unenforceable, then the entirety of this Section shall be null and void.

Geographic Restrictions

The owner of the Website is based in the Vancouver, British Columbia, Canada. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States or Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.

Judicial Forum for Disputes

Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Hapbee agree that any judicial proceeding (other than small claims actions) will be brought in the federal courts of Canada or the courts of the Province of British Columbia in each case located in Vancouver, British Columbia. Both you and Hapbee consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

Limitation on Claims

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Hapbee Products or Hapbee 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.

23. TERMINATION

Hapbee reserves the right, without notice and in its sole discretion, to terminate, suspend or disable your access to the Sites or the Site Materials if Hapbee believes you are violating these Site Terms or any laws, rules, or regulations. Hapbee reserves the right to refuse or cancel your order is we suspect you are purchasing Hapbee Services for resale. Hapbee also reserves the right, at any time, to modify, remove, suspend, or disable access to all or any portion of the Sites or the Site Materials, or any portion thereof. You agree that Hapbee will not be liable to you or to any third party for any termination, modification, suspension, or discontinuance of the Sites, the Site Materials, or any portion thereof.

You may terminate the Site Terms for any reason whatsoever by providing thirty (30) days’ notice to Hapbee by email at claims@hapbee.com. You shall be responsible for all Fees incurred prior to and during the notice period.

Sections titled Communication and Data Collection, Trademarks, Copyright Infringement, Safety Warnings, Warranty Disclaimer, Limitation of Liability, Indemnification, Applicable Law and Venue; Arbitration, and any payment obligations for Fees incurred prior to and during any notice period shall survive termination of this Agreement for any reason whatsoever.

24. FEDERAL GOVERNMENT END USE RESTRICTIONS

If you are a U.S. federal government department or agency or contracting on behalf of such department or agency, each of the Hapbee Services is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as those terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Hapbee Services are licensed to you with only those rights as provided under the terms and conditions of this Site Terms.

25. GENERAL PROVISIONS

You acknowledge that Hapbee has the right to monitor the use of the Hapbee Services to ensure compliance with the Site Terms.

We have the right to investigate violations of these Site Terms and any conduct that affects the Hapbee Services, and in response may take any action we may deem appropriate.

You agree you will comply with all applicable laws in connection with your access to and use of the Sites and the Site Materials. You shall not, without prior U.S. government authorization, export, re-export, or transfer the Sites, the Site Materials or any other Hapbee products, services, or technology, either directly or indirectly, in violation of such applicable laws and regulations. These Site Terms are personal to you, and you may not assign or delegate your rights and/or duties under these Site Terms to anyone else and any attempted assignment or delegation is void. You acknowledge that Hapbee has the right to seek an injunction, if necessary, to stop or prevent a breach of your obligations under these Site Terms. Hapbee’s delay or failure to exercise or enforce any right or provision of these Site Terms will not constitute a waiver of such right or provision. No waiver by Hapbee will have effect unless such waiver is in writing and signed by Hapbee. No waiver of any breach or default in one instance will constitute a waiver of any subsequent breach or default. If for any reason a court of competent jurisdiction finds any provision of these Site Terms to be unenforceable, the provision of these Site Terms will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Site Terms will continue in full force and effect. These Site Terms constitute the entire agreement between you and Hapbee regarding the matters described in these Site Terms.

These Site Terms and the Privacy Policy constitute the complete and exclusive statement of the agreement between you and Hapbee regarding the Hapbee Services, and supersedes any and all prior or contemporaneous communications, representations, statements, and understanding, whether oral or written, between the parties.

In case of any conflict between the terms of this Site Terms and the terms of the Privacy Policy, the terms of this Site Terms shall prevail

26. MODIFICATION OF THE TERMS OF USE

Hapbee reserves the right to update this Site Terms and/or the Privacy Policy at any time and for any reason in its sole discretion by posting updated terms. Unless otherwise indicated by Hapbee, any changes will become effective on a prospective basis from the date of posting. Hapbee will notify you of any material changes to the Site Terms or Hapbee Services.

By continuing to access or use the Hapbee Services after we have provided you with notice of a modification, you are agreeing to be bound by the modified Siter Terms. 

If the modified Site Terms is not acceptable to you, your only recourse is to cease using the Hapbee Services. Hapbee and its third-party service providers may make improvements and/or changes in the Hapbee Services, features, and prices described at any time and for any reason in its sole discretion. The Mobile App may download and install upgrades, updates, and additional features in order to improve, enhance, and further develop the Hapbee Services. Hapbee reserves the right at any time to modify or discontinue, temporarily or permanently, the Hapbee Services or any portion thereof with or without notice. You agree that Hapbee shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

27. YOUR COMMENTS AND CONCERNS

This website is operated by Hapbee Technologies, Inc., 1055 West Hastings Street, Suite 2250, Vancouver, British Columbia, Canada V6E 2E9.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to:  tech@hapbee.com