NEXRING TERMS OF USE

Welcome and thank you for your interest in NEXRING! You are reviewing these Terms of Use because you use or have purchased, or are considering purchasing or using, the NexRing Services (the "NexRing Services"), consisting of a smart ring or other electronic device (the "Linktop Product") to be used with the NexRing mobile application (the "Mobile App").

 

THESE TERMS OF USE ARE A LEGAL AGREEMENT BETWEEN YOU AND LINKTOP. PLEASE READ THEM THROUGH CAREFULLY BEFORE USING ANY NEXRING SERVICES. By using any NexRing 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 NexRing Services and should not purchase the NexRing Services.

 

The NexRing Services have been developed and are owned by Xiamen Linktop Technology Co.,LTD which is referred to as Linktop, 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 NexRing Services or have technical difficulties, you will find FAQs on our Website at linktop.com or you may e-mail us service@linktop.com

 

Changes to Services and Terms

We may change or discontinue, in whole or in part, the NexRing Services at any time without notice. You acknowledge that Linktop 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 Linktop 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 NexRing Services or by email. You accept such modified Terms of Use by continuing to use of the NexRing Services.

 

Requirements for Use of the NexRing 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 Linktop experience requires the Linktop 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 NexRing Services.

Precautions

Please note that NexRing Services are not intended to diagnose, treat, cure, or prevent any disease or medical condition. The information and guidance in the NexRing 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 NexRing 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 NexRing Services. We are not responsible for any health problems that may result from information or guidance you learn about through the NexRing Services. If you make any change to your sleep or activity based on the NexRing 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 NexRing 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 NexRing 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 NexRing product, remove it immediately. If symptoms persist longer than 2-3 days of not using your NexRing Product, please contact a dermatologist.

 

Corporate Contact Info

Mailing Address: No.56-58,North 5F, Huoju Plaza, Huoju Road, Xiamen, China

 

Phone: +86-592-3691601 (Please note calls to this number cannot reach customer service. For questions on support, orders, returns or product information, please email service@linktop.com to more quickly have your needs handled).

 

Privacy Policy

The NexRing Services are subject to the NexRing Privacy Policy, which can be found at nexkoo.com/nexring-privacy-policy

 

Limited License and Ownership of the NexRing Services

You are hereby granted a non-exclusive, revocable and nontransferable license to use the NexRing Services in accordance with these Terms of Use.

 

Linktop or its licensors own all title and rights to the NexRing 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 NexRing Services except as necessary to display, download or print (without modification) for your own non-commercial use. All rights in the NexRing Services not expressly granted to you by Linktop are retained by Linktop and its licensors. Violation of any of these Terms of Use gives Linktop sole discretion to refuse or terminate access to the NexRing Services effective immediately. In such an event you are obliged to immediately destroy any copies you have made of any portion of the NexRing Services.

 

You may propose to Linktop modifications or improvements to all or any part of the NexRing Services. By choosing to disclose such proposal to Linktop, you hereby grant Linktop all title and ownership and intellectual property rights to such proposal.

 

Indemnity

You agree to defend, indemnify and hold Linktop 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 Linktop's intellectual property rights, any third party rights or any applicable law when using the NexRing Services.

 

Local Law and Export Control

In relation to your purchase and use of the NexRing 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 NexRing 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. Linktop 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 NexRing Services are provided by LINKTOP and its affiliates “As is.”

 

Neither Linktop partners, suppliers, or affiliates make any representations or warranties of any kind, express or implied, as to the operation of the NexRing Services (Including the ring), its contents, or any information made available by or through the NexRing Services. In addition, Linktop and its partners, suppliers and affiliates disclaim all warranties with respect to the NexRing 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, Linktop does not warrant that use of the NexRing 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 NexRing Services (Including the ring) are free of viruses or other potentially harmful components.

Limited warranty for the ring. Linktop warrants to the original end user purchaser that the ring is free from defects in material and workmanship for two (2) years from the date of purchase.

If your local law in effect at the time of purchase requires a warranty period longer than two (2) years, this warranty shall be extended to the extent required by such law. Within the warranty period, Linktop 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 Linktop; or (vi) use of the ring with any other application or software than the NexRing mobile app.

Linktop 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 two-year warranty.

 

Limitation of Liability

In no event will Linktop 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 NexRing Services, whether such damages are based on warranty, contract, tort or any other legal theory and whether or not Linktop has been advised of the possibility of such damages. The aggregate liability of Linktop, arising from or relating to the ring and NexRing 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 NexRing 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 NexRing 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 Linktop and you.

 

Notwithstanding the foregoing, in recognition of the irreparable harm that a breach by you of Linktop's intellectual property rights would cause, Linktop 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 NexRing Services has terminated for any or no reason.

 

Linktop'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 Linktop in writing. These Terms of Use constitute the entire agreement between you and Linktop 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.