Terms and Conditions of Use

This terms are drafted in English. If there is a conflict between a translated version and the English version of these Terms and Conditions of Use then, to the extent permitted under applicable law, the English version shall prevail.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE AND OUR APPS

These terms and conditions (the “Terms and Conditions”) are a legally binding agreement between you and Chiaro USA, Inc., a Delaware corporation that, together with the documents referred to in it, including our Privacy Policy, sets out the legal terms that apply when you download and make use of our Elvie apps and/or use the www.elvie.com website (together “our Platforms”) and, together with the Terms of Sale, the legal terms that apply when you place an order for products through our Platforms.

Please read these Terms and Conditions of use carefully before you use our Platforms. We recommend that you keep a copy of these Terms and Conditions of use for future reference.

PLEASE NOTE: These Terms and Conditions contain provisions that limit our liability to you and require you to resolve any dispute with us through final and binding arbitration on an individual basis and not as part of a class or representative action.

PLEASE NOTE: All information provided or made available on our Platforms is intended for general informational purposes only, including information about our products and technology. You should not use or rely upon any such information as a substitute for any professional medical advice. We do not warrant the accuracy, completeness or usefulness of any information or content provided on or through our Platforms. Any reliance you place on such information is strictly at your own risk. While we attempt to keep all the information on our Platforms up-to-date, the information provided through our Platforms should not be considered error-free or as a comprehensive source of all information on a particular topic. Features and specifications of any of our products described or depicted on our Platforms are subject to change at any time without notice. We assume no responsibility for any consequences relating directly or indirectly to any action or inaction you may take based upon the information and materials provided through our Platforms. Your use of any of our products described on our Platforms is subject to additional disclaimers and terms and conditions that accompany each product.

Use of our Platforms or products does not create a doctor-patient relationship. You acknowledge and agree that none of the information or content provided through or on any of our Platforms has the ability to diagnose, prescribe, or perform any tasks that constitute the practice of medicine. If you have any questions regarding your health or a medical condition, including whether a product or solution is appropriate for you or the result of using any product described on our Platforms, you should always seek the advice of your physician or other qualified healthcare professional. In case of a health emergency, seek immediate assistance from a healthcare professional. You should never delay obtaining medical advice or disregard any medical advice because of something you have or have not read on any of our Platforms.

Please consult our FAQs page or contact customer service at questions@elvie.com for any further information you need about our Platforms, products and services. You may also contact us if you would like clarification of any of these Terms and Conditions. You must be at least 18-years-old to use our Platforms. By agreeing to these Terms and Conditions, you represent and warrant to us that:

you are at least 18-years-old;
you have not previously been suspended or removed from any of our Platforms; and
your registration and your use of our Platform(s) is in compliance with any and all applicable laws and regulations.

1. Contact us

To contact us, please email questions@elvie.com.

2. The effect of these Terms and Conditions

By using our Platforms you accept these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not use our Platforms.

Ensure that others are aware of these Terms and Conditions. You are responsible for ensuring that all persons who access our Platforms through your internet connection or mobile devices are aware of these Terms and Conditions and other applicable terms and conditions, and that those individuals comply with such terms.

We may make changes to these Terms and Conditions. We may amend these Terms and Conditions from time to time; provided, that we will provide you notice of any changes that may have a material impact on your rights and obligations under these Terms and Conditions. Every time you wish to use our Platforms the Terms and Conditions which are in place at that time will apply. Please check these Terms and Conditions to ensure you understand the terms that apply at that time.

3. Your rights and obligations when you use our Platforms

How you may use material on our Platforms

We are the owner or the licensee of all intellectual property rights in the layout, design, content and graphics on our Platforms, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
The trademarks ‘ELVIE’, ‘Your Most Personal Trainer’, ‘CATCH’, ‘CURVE’ and ‘STRIDE’, among others, are registered trademarks belonging to us. You may not use any of our trademarks in any form (including framing, as meta tags or other text) without our prior written approval.
You may print off one copy, take screenshots or download extracts, of any page(s) from our Platforms for your personal use and you may draw the attention of others within your organization to content posted on our Platforms.
You must not modify the copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You may not create any derivative work or make any adaptation to any work displayed on our Platforms without our prior written consent.
Our status (and that of any identified contributors) as the authors of content on our Platforms must always be acknowledged.
You must not use any part of the content on our Platforms for commercial purposes without obtaining a license to do so from us or our licensors.
If you print off, copy or download any part of our Platforms in breach of these Terms and Conditions, your right to use our Platforms will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Keep your account details safe

Account details include your name, identification name, email address and account password. Your account details may also include your delivery and billing address when you use the elvie.com website.
You must treat your account details as confidential. You must not disclose your account details to any third party.
If you know or suspect that anyone other than you knows your user identification name or password, you must promptly notify us at questions@elvie.com.

Accuracy and completeness of information

We are constantly updating and improving the content provided via our Platforms. As such, it is possible that the products or information provided to you via our Platforms may be unavailable, not as described or otherwise inaccurate. You expressly agree that information obtained by you from our Platforms shall create no warranty on behalf of us. You expressly agree that any offer of a product which is unavailable or not as described does not constitute a legal offer for the purpose of forming a legally binding contract.
The content on our Platforms is provided for general information only. It is not intended to amount to advice on which you should rely.
We recommend that you obtain professional, medical or specialist advice before taking, or refraining from, any action on the basis of the content on our Platforms.
Although we make reasonable efforts to update the information on our Platforms, we make no representations, warranties or guarantees, whether express or implied that the content on our Platform is accurate, complete or up to date.
Please consult the FAQS page or contact customer service at questions@elvie.com if you would like us to clarify any of the information provided by us on our Platforms.

Uploading content to our Platforms

Whenever you make use of a feature that allows you to upload content to our Platforms, or to make contact with other users of our Platforms, you must comply with the content standards set out under the heading “Acceptable Use” below.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our Platforms will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Platforms constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our Platforms if, in our opinion, your post does not comply with these Terms and Conditions.
You are solely responsible for securing and backing up your content.

We only provide our Platforms for domestic and private use. You agree not to use our Platforms for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

4. Our rights and obligations when you use our Platforms

Termination.We reserve the right to terminate this agreement, and/or the right to terminate or suspend your access to our Platforms or disable your account, at any time if in our reasonable opinion your use of our Platforms breaches any of our terms and conditions, which can include a breach of these Terms and Conditions, a breach of our Privacy Policy or a breach of our Terms of Sale.

Privacy. We are required to keep your personal data safe and secure. Full details of our obligations and your rights can be found in our data protection and Privacy Policy: https://www.elvie.com/en-us/privacy-policy.

We are not responsible for website/content we link to. Where our Platforms contain links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We make no representation or warranty, and accept no liability, for material published on any website which is not under our control.

User generated content is not approved by us. Content uploaded to, or linked through, our Platforms should not be interpreted as approval by us of that content or information. We make no representation or warranty, and accept no liability, for material published on our Platforms which is user-generated.

We may make changes to our Platforms. We may update and change our website and our app(s) from time to time to reflect changes to the advice we recommend, information, products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

We may suspend or withdraw our Platforms. We provide our Platforms to you free of charge. We do not guarantee that our Platforms, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Platforms for any reason and at any time. Where, in our view, it is appropriate to do so, we will try to give you reasonable notice of any suspension or withdrawal.

We have rights to use the material you upload. When you upload or post content to our site, you grant us a non-exclusive, worldwide, royalty free, revocable licence to use that content, provided that such use complies with our requirements under privacy and data protection laws.

5. Acceptable use of our Platforms

Prohibited uses of our Platforms

The following uses of our Platforms are prohibited:

Use in any way that breaches any applicable local, national or international law or regulation.
Use in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
Use the purpose of harming or attempting to harm minors in any way.
Sending, knowingly receiving, uploading, downloading, using or re-using any material which does not comply with these Terms and Conditions.
Transmitting, or procuring the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
Transmitting any materials which are not your own, or that you do not have a right to transmit.
Knowingly transmitting any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Impersonating any entity or person, or otherwise falsely stating or misrepresenting an affiliation with us, our affiliates or any other person or entity.
Accessing or attempting to access another user’s account without that person’s consent.
Allowing others to access your account, selling access to, reproducing, duplicating or copying any content on our Platforms and/or your account in contravention of these Terms and Conditions.

Contributions uploaded to our Platforms

Any contribution you upload to out Platforms must be accurate, be genuinely held and comply with the applicable law. Content must not:

Be likely to deceive any person.
Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful, inflammatory, of a sexually offensive or discriminatory nature.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trademark of any other person
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

6. Linking to our Platforms

You may link to our Platforms, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, and you must not establish a link to our Platforms in any other platform that is not owned by you.

Our Platforms must not be framed on any other platform, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The platforms in which you are linking must comply in all respects with the acceptable use standards set out under the heading “Acceptable Use” of these Terms and Conditions.

If you wish to link to or make any use of content on our Platforms other than that set out above, please contact questions@elvie.com for our permission which may, at our sole discretion, be withheld.

7. Your health

We care about your health and all the information we provide is intended to help you make the best decisions about your own care and wellbeing. However no two customers are the same and advice that may be right for one user may not be right for another. There is no replacement for specialist medical advice from a qualified professional and we strongly recommend you seek such advice before using our products or services, or relying on the information provided via our Platforms. This is particularly important if you have any known pre-existing conditions.

By agreeing to these Terms and Conditions you agree that you will seek specialist medical advice from a qualified professional before using our products and services and before relying on information provided via our Platform.

8. Disclaimer; Limitation of liability

OUR PLATFORMS AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH OUR PLATFORMS ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO OUR PLATFORMS AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH OUR PLATFORMS, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT WARRANT THAT OUR PLATFORMS OR ANY PORTION OF OUR PLATFORMS, OR ANY MATERIALS OR CONTENT OFFERED THROUGH OUR PLATFORMS, WILL BE ACCURATE, UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND WE DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST BUSINESS, LOST PROFITS, LOSS OF GOODWILL OR ANY OTHER INTANGIBLE LOSS, LOSS OF DATA OR LOSS OF USE OF OUR PLATFORMS INCURRED BY YOU IN CONNECTION WITH OUR PLATFORMS OR OUR PRODUCTS OR YOUR USE THEREOF OR INABILITY TO USE OUR PLATFORMS OR PRODUCTS, OR ANY INFORMATION PROVIDED TO YOU VIA OUR PLATFORMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, REGARDLESS OF THE NATURE OF THE CLAIM, EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY FOR ALL CLAIMS AND DAMAGES ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF OUR PLATFORMS OR OTHERWISE UNDER THESE TERMS AND CONDITIONS TO YOU OR ANY THIRD PARTY, REGARDLESS OF THE NATURE OF THE CLAIM WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE FEES PAID OR PAYABLE BY YOU UNDER THESE TERMS AND CONDITIONS IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes, but may not be limited to, liability for death or personal injury caused by our gross negligence, fraud, or willful misconduct.

To the extent that your statutory rights as a consumer cannot be limited, these Terms and Conditions do not limit such rights.

9. Indemnity

You agree to indemnify and hold us, our officers, directors, employees, licensors and other connected persons harmless from any claim, proceedings or demand made by a third party due to, or arising as a result of, a violation by you of our Terms and Conditions (including our Privacy Policy and Terms of Sale), or any applicable laws, regulations or third-party rights.

10. Governing law and jurisdiction

These Terms and Conditions (and any dispute arising out of, or related to them) shall be governed by the laws of the State of New York, without regard to conflicts of law principles that may require the application of another jurisdictions’ law. Subject to Section 11, you and we both submit to the personal and exclusive jurisdiction of the state courts and federal courts located in New York, NY for resolution of any lawsuit or court proceeding permitted under these Terms and Conditions.

11. Arbitration

Generally. In the interest of resolving disputes between you and us in the most expedient and cost-effective manner, and except as described in Section 11.2, you and we agree that every dispute arising in connection with these Terms and Conditions will be resolved by binding arbitration.
Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms and Conditions, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms and Conditions.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS AND CONDITIONS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Despite the provisions of Section 11.1, nothing in these Terms and Conditions will be deemed to waive, preclude, or otherwise limit the right of either party to:
1. bring an individual action in small claims court;
2. pursue an enforcement action through the applicable federal, state, or local agency if that action is available;
3. seek injunctive relief in a court of law in aid of arbitration; or
4. to file suit in a court of law to address an intellectual property infringement claim.
Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 11 within 30 days after the date that you agree to these Terms and Conditions by sending a letter to Chiaro USA, Inc., Attention: Legal Department/Office Manager – Arbitration Opt-Out, 184 7th Ave, Unit #107, New York, NY 10011 that specifies: your full legal name, the email address associated with your account on our Platform or order, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once we receive your Opt-Out Notice, this Section 11 will be void and any action arising out of these Terms and Conditions will be resolved as set forth in Section 10. The remaining provisions of these Terms and Conditions will not be affected by your Opt-Out Notice.
Arbitrator. Any arbitration between you and us will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms and Conditions. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting us by email at questions@elvie.com. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Our address for Notice is: Chiaro USA, Inc., Legal Department/Office Manager – Arbitration Opt-Out, 184 7th Ave, Unit #107, New York, NY 10011. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”).
The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or we may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by us in settlement of the dispute prior to the award, we will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000.
Fees.If you commence arbitration in accordance with these Terms and Conditions, we will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York, NY but if the claim is for US $10,000 or less, you may choose whether the arbitration will be conducted:
1. solely on the basis of documents submitted to the arbitrator;
2. through a non-appearance-based telephone hearing; or
3. by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.
If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. If we make any future change to this arbitration provision, other than a change to our address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration, in which case your account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
Enforceability. If Section 11.7 or the entirety of this Section 11 is found to be unenforceable, or if we receive an Opt-Out Notice from you, then the entirety of this Section 11 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 10 will govern any action arising out of or related to these Terms and Conditions.

12. Notice Regarding Apple

This Section 12 only applies to the extent you are using our Platforms on an iOS device. You acknowledge that these Terms are between you and us only, not with Apple Inc. (“Apple”), and Apple is not responsible for our Platforms or their content. Apple has no obligation to furnish any maintenance and support services with respect to our Platforms. If our Platforms fail to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for our Platform to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to our Platforms. Apple is not responsible for addressing any claims by you or any third party relating to our Platforms or your possession and/or use of our Platforms, including: (1) product liability claims; (2) any claim that our Platforms fail to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that our Platforms and/or your possession and use of our Platforms infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using our Platforms. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and Conditions, and upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third-party beneficiary of these Terms and Conditions. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

13. Notice to California Residents

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding our Platforms or to receive further information regarding use of our Platforms.

14. Which laws apply to these Terms and Conditions and where you may bring legal proceedings

These Terms and Conditions are governed by the laws of the State of New York, without regard to conflicts of law principles that may require the application of another jurisdictions’ law. Subject to Section 11, you and we both submit to the personal and exclusive jurisdiction of the state courts and federal courts located in New York NY for resolution of any lawsuit or court proceeding permitted under these Terms and Conditions.