Terms & Conditions

Effective Date: [Insert Date] [Insert Previous Version link]

Welcome to the website of RTHMFit Inc. and its subsidiaries (collectively, "RTHMFit," “we,” “us,” or “our”).

Acceptance of Terms

RTHMFit Inc. ("RTHMFit," "we," "our," or "us") creates tools and products to support you in reaching your fitness goals and to encourage and motivate you to adopt an active lifestyle. These Terms of Service ("Terms") govern your access to and use of the RTHMFit Service, which encompasses our devices, firmware, applications, software, websites, APIs, products, and services.

By using the Site, you agree to these Terms of Use.

RTHMFit reserves the right to change these Terms at any time at its discretion. Your continued use of the Site after changes are posted signifies your acceptance of those changes.

Please be aware that some services or features offered on the Site may have different or additional terms. These terms will be provided alongside the relevant service or feature. They are supplementary to these Terms of Use and will take precedence in case of any conflict with these Terms.

To create a RTHMFit account and use the RTHMFit Service, you must accept these Terms. If you do not accept these Terms, do not create an account or use the RTHMFit Service.

1. Read Our Privacy Policy

Please refer to our Privacy Policy, for details on our data practices. By using the RTHMFit Service, you consent to us collecting and using your information in line with the Privacy Policy.

2. Use of the RTHMFit Service

The RTHMFit Service is not available to or used by anybody under the age of fifteen, or any higher minimum age in the jurisdiction in which that person resides, unless their parent has given permission in line with applicable legislation. Furthermore, you are not permitted to access or use the RTHMFit Service if you have already been suspended or removed from the RTHMFit Service, or if you are prohibited from getting services under relevant law.

You may only connect to the RTHMFit Service using:

• A device that is manufactured, distributed, or sold by RTHMFit itself or through its authorized resellers or agents
• Our mobile applications and software, or approved third-party applications, software, or devices; or
• Our websites ("Authorized Connections").

You may not connect to the RTHMFit Service with any device that is not manufactured, distributed, or sold by RTHMFit itself or through its authorized resellers or agents (such as a knock-off or counterfeit version of a RTHMFit device); otherwise intends to resemble or purports to be a RTHMFit device; or any unauthorized application or third-party connection. Unauthorized connections may lead to the immediate termination of your access to the RTHMFit Service.

3. Use of an Account

Some services on the Site may require you to create an account to participate or receive additional benefits. You agree to provide accurate, current, and complete information about yourself as prompted during registration and to keep this information updated. You must not share your account credentials with others. You are responsible for all activities associated with your account. RTHMFit is not liable for any losses or damages resulting from your failure to keep your account credentials confidential. If you discover or suspect any security breach related to your account, please contact Customer Support immediately.

4. What You Can Do on the RTHMFit Service

The RTHMFit Service is intended for your personal, non-commercial use. RTHMFit grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Access and use the RTHMFit Service,
• Access and view the RTHMFit Content,
• Use the software and mobile applications provided by the RTHMFit Service, and
• Utilize the software embedded in RTHMFit devices as authorized in these Terms.

This license includes any third-party software embedded in the RTHMFit Service and is solely for your personal, non-commercial use and enjoyment, as permitted by these Terms.

You are not allowed to sublicense, copy, adapt, modify, translate, disclose, create derivative works from, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the RTHMFit Content, RTHMFit Service, or any part thereof (including third-party software), unless expressly permitted by these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by RTHMFit or its licensors, except for the licenses and rights expressly granted in these Terms.

Except where permitted by law, you may not, while using the RTHMFit Service:

1. Use, display, mirror, or frame the RTHMFit Service or any individual element within it, including the layout and design of any page, without RTHMFit’s express written consent;
2. Use RTHMFit’s name, trademarks, logos, or proprietary information without RTHMFit’s express written consent;
3. Access or tamper with non-public areas of the RTHMFit Service, RTHMFit’s computer systems, or the technical delivery systems of RTHMFit’s providers;
4. Test the vulnerability of any RTHMFit system or breach any security or authentication measures;
5. Circumvent any technological measure implemented by RTHMFit or any of its providers or any other third party (including another user) to protect the RTHMFit Service;
6. Access the RTHMFit Service or RTHMFit Content through any means other than through an Authorized Connection, RTHMFit Service, or RTHMFit API; or
7. Modify, decompile, disassemble, reverse engineer, tamper with, or attempt to derive the source code of any software provided by RTHMFit or any other part of the RTHMFit Service.

5. Hyperlinks

You are given a limited, non-exclusive, and non-transferable right to create a text hyperlink to the RTHMFit Service for non-commercial purposes, as long as the link does not represent us or our products or services in a false, misleading, derogatory, or defamatory manner. Additionally, the linking site must not contain any adult, illegal, offensive, harassing, or otherwise objectionable material. RTHMFit reserves the right to revoke this limited right at any time at its sole discretion.

6. Intellectual Property Rights

DMCA/Copyright Policy

RTHMFit values and respects the intellectual property rights of others and expects its users to do the same. In suitable situations and at our discretion, RTHMFit may disable or terminate the accounts of users who repeatedly violate copyright laws.

Ownership of Content

"RTHMFit Content" encompasses any photos, images, graphics, videos, audio, data, text, music, exercise regimens, food logs, recipes, comments, software, works of authorship, and other information or materials that are posted, generated, provided, or made available through the RTHMFit Service. The RTHMFit Content, the RTHMFit Service, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws in the United States and other countries. We reserve all rights not explicitly granted in these Terms. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the RTHMFit Service. Our logos and other RTHMFit trademarks that may appear on the RTHMFit Service, along with the overall look and feel of the service, including page headers, graphics, icons, and scripts, may not be copied, imitated, or used, in whole or in part, without our prior written permission. Other trademarks, product and service names, and company names or logos mentioned on the RTHMFit Service are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the respective trademark holder.

Your License to Access the Site

Your access to this Site is temporary and does not guarantee future availability. Except as otherwise stated, you may use the Site and its related “Content” (such as text, graphics, images, audio, video, domain names, hypertext, and designs) only for personal, non-commercial purposes. You may not copy, reproduce, upload, post, publicly display, transmit, or distribute any part of the Site or its Content to any other computer, server, website, or other medium for publication or distribution, nor for any commercial use, without prior written authorization from RTHMFit.

User Submissions

RTHMFit allows you to post, upload, store, share, send, or display various types of content ("Your Content") such as photos, videos, data, text, music, exercise regimens, food logs, recipes, comments, and other information through its service. You retain ownership of Your Content. By making Your Content available on the RTHMFit Service, you grant RTHMFit a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, perform, reproduce, translate, create derivative works from, and distribute Your Content, including your name and likeness, in any media. This license is solely for the purpose of offering and improving the RTHMFit Service.

You are responsible for Your Content and must ensure that you have the necessary rights to grant us this license. You warrant that Your Content, and your use of the RTHMFit Service, will not:

1. Infringe on any third-party’s intellectual property or other rights,
2. Violate any laws or regulations,
3. Be fraudulent, false, misleading, or deceptive,
4. Be defamatory, obscene, pornographic, vulgar, or offensive,
5. Promote discrimination, bigotry, racism, hatred, harassment, or harm,
6. Be violent or threatening, or promote violence or threats,
7. Promote illegal or harmful activities or substances.

You also agree not to:

1. Upload content that contains viruses or harmful files,
2. Use or attempt to use another user’s account without authorization,
3. Collect information from other users for any purpose, including sending unsolicited communications,
4. Post, advertise, or promote products or services commercially, or upload advertising, promotional material, junk mail, spam, or content that furthers criminal activity,
5. Use the RTHMFit Service in a way that is objectionable or restricts others from using or enjoying it, or that exposes us or our users to any harm or liability.

RTHMFit may, at its discretion, modify, remove, or refuse to display any of Your Content, and may prevent you from posting, uploading, storing, sharing, sending, or displaying Your Content through the RTHMFit Service.

Feedback and Submissions Policy

If you provide us with comments, ideas, or feedback, you agree that we can use, disclose, reproduce, distribute, and utilize them without any limitations or compensation to you. We retain the right to use any similar or related ideas or feedback that we already knew, developed independently, or obtained from other sources. Our Feedback and Submissions Policy is part of these Terms.

Trademarks

The trademarks, logos, and service marks (collectively referred to as "Marks") displayed on the Site are owned by RTHMFit or third parties. You are not permitted to use these Marks without the explicit written authorization of RTHMFit or the respective third party. For information on obtaining RTHMFit's permission to use the Content on your website, please email [email protected].

Our Enforcement Rights

We reserve the right, at our sole discretion and without prior notice, to remove or disable access to the RTHMFit Service, any RTHMFit Content, or Your Content if we find it objectionable or in violation of these Terms. We may also investigate any breaches of these Terms or any conduct that impacts the RTHMFit Service, and take any actions we deem necessary in response.

Downloaded Software License

If we provide software for download on the Site and you choose to download it, the software, including any associated files, images, and data (collectively referred to as the "Software"), is licensed to you by us or third-party licensors for your personal, non-commercial home use only. Ownership of the Software is not transferred to you. You are not permitted to distribute, exploit, decompile, reverse engineer, disassemble, or otherwise convert the Software into a human-readable format.

Unless specifically stated otherwise, RTHMFit disclaims all warranties related to the Software, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement, whether express, implied, or statutory.

To the fullest extent permitted by law, RTHMFit shall not be liable for any inaccuracies, errors, or failures of the Software, or for any loss or damage (including consequential, indirect, incidental, special, or exemplary damages) resulting from any download or use of the Software or from any inaccuracies, errors, or failures of the Software.

7. Limitation of Liability and Indemnity

Disclaimer of Warranties

RTHMFit makes no guarantees regarding the accuracy, reliability, completeness, or timeliness of the Content, nor the results obtained from using the Site and the Content. Any use of the Site and the Content is at your own risk.

RTHMFIT DOES NOT GUARANTEE THAT THE SITE WILL BE ERROR-FREE OR THAT THE SITE OR THEIR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR USE OF THE SITE OR THE CONTENT CAUSES THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR RESULTS IN LOSS OF PROFITS OR DATA, RTHMFIT IS NOT RESPONSIBLE FOR THOSE COSTS.

THE SITE AND CONTENT ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, RTHMFIT DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.

RTHMFit will make reasonable efforts to protect information or data you submit to the Site, but you acknowledge that internet transmissions are never completely secure or private. You understand that any message or information you send to the Site, even if encrypted, may be read or intercepted by others. Therefore, your submission of such information or data is at your own risk, and you release RTHMFit from any liability related to such information.

RTHMFit is not responsible for any data charges you may incur from using any service or feature of the Site.

Disclaimer of Certain Damages

Your use of the Site is at your own risk. If you are dissatisfied with the Site, its content, any service or feature on the Site, or these Terms of Use, your only remedy is to stop using the Site.

IN NO EVENT WILL RTHMFIT, ITS LICENSORS, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM THE USE OR INABILITY TO USE THE RTHMFIT SITES AND CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF RTHMFIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY GROSS NEGLIGENCE, PERSONAL INJURY OR DEATH, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, RTHMFIT'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.

In any event, RTHMFit's total liability to you for all losses and damages, including implied warranties, will not exceed the greater of fifty U.S. dollars (US $50.00) or the total amount you paid RTHMFit for any service or feature of the RTHMFit Sites in the twelve months prior to the initial claim.

Indemnity

By using the Site, you agree, to the extent permitted by law, to defend, indemnify, and hold harmless RTHMFit, its officers, directors, employees, and agents from and against any claims, actions, or demands, including reasonable legal and accounting fees, arising from your breach of these Terms of Use or your violation of any law or third-party rights.

8. Consult Your Doctor Before Using the RTHMFit Service

The RTHMFit Service is not intended to diagnose, treat, cure, or prevent any disease or health condition. If you have a medical or heart condition, consult your doctor before using the RTHMFit Service. In the event of a medical emergency, stop using the RTHMFit Service and seek immediate medical attention. We are not liable for any health problems that may result from products or events you learn about through the RTHMFit Service. Participating in any exercise program you learn about through the RTHMFit Service is at your own risk and voluntary.

Prolonged contact with wearable devices may cause skin irritation or allergies in some users. To minimize irritation, follow these tips: (1) keep the device clean, (2) keep it dry, (3) avoid wearing it too tight, and (4) remove the band for an hour after extended wear. If you experience skin irritation, soreness, tingling, numbness, burning, or stiffness in your hands or wrists while wearing the device, discontinue use and consult your doctor if symptoms persist for more than 2-3 days after removing the device.

RTHMFit products with heart rate tracking features may pose risks to users with certain health conditions. Consult your doctor before using such products if you: (1) have a medical or heart condition, (2) are taking photosensitive medication, (3) have epilepsy or are sensitive to flashing lights, (4) have reduced circulation or bruise easily, or (5) have tendonitis, carpal tunnel syndrome, or other musculoskeletal disorders.

9. General Terms

Unless stated otherwise, these Terms represent the complete and exclusive agreement between you and RTHMFit regarding the RTHMFit Service, replacing any prior oral or written agreements between us concerning the RTHMFit Service and Content.

We will notify you of any significant changes to these Terms and provide you with an opportunity to review the revised Terms before continuing to use the RTHMFit Service. By using the RTHMFit Service after modifications take effect, you are agreeing to the updated Terms. Previous versions of these Terms can be reviewed in our archive.

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent possible, and the remaining provisions will continue in full force and effect.

You may not assign, delegate, or transfer these Terms by law or otherwise without RTHMFit’s prior written consent. Any attempt to do so without consent will be null and void. RTHMFit may freely assign or transfer these Terms without restriction. These Terms will bind and benefit the parties, their successors, and permitted assigns.

Notices or communications from RTHMFit under these Terms, including those regarding changes to these Terms, will be provided either via email or by posting to the RTHMFit Service. The date of receipt on the email message will be considered the date of notice.

RTHMFit’s failure to enforce any provision of these Terms will not be considered a waiver of that provision. Waivers are only effective if in writing and signed by a duly authorized representative of RTHMFit. Except as stated in these Terms, the exercise of any remedy by either party under these Terms does not affect its other remedies.You may not assign, delegate, or transfer these Terms by law or otherwise without RTHMFit’s prior written consent. Any attempt to do so without consent will be null and void. RTHMFit may freely assign or transfer these Terms without restriction. These Terms will bind and benefit the parties, their successors, and permitted assigns.

Contests and Giveaways

Surveys, contests, giveaways, and other promotions sponsored by RTHMFit or its partners may have additional terms and conditions. It is your responsibility to carefully review those terms and conditions.

Alerts and Notifications

By using the RTHMFit Service, you may receive notifications, text messages, alerts, emails, and other electronic communications. You consent to receiving these communications. You can manage most communications from the RTHMFit Service through your account settings. However, we may still need to send you certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data charges incurred from your wireless carrier. Any notices, agreements, disclosures, or other communications we send to you electronically will meet any legal communication requirements, including those requiring written communication.

Third-Party Services

The RTHMFit Service may display or provide links to third-party content, promotions, websites, apps, services, and resources ("Third-Party Services") that are not controlled by RTHMFit. This may include the option to link your RTHMFit account, data, or the Service with Third-Party Services. These links are provided for your convenience, and RTHMFit is not responsible for the products, services, or content available from these Third-Party Services. You acknowledge that any Third-Party Services you use in connection with the RTHMFit Service, such as third-party applications on RTHMFit devices, are not part of the RTHMFit Service and are beyond RTHMFit's control. You assume all responsibility and risk arising from your interaction with or use of any Third-Party Services. Additionally, you acknowledge that these Terms and the RTHMFit Privacy Policy do not apply to Third-Party Services. It is your responsibility to read and understand the terms and conditions and privacy policy of any Third-Party Services you use.

Disclaimer:

• Smartwatch Accuracy: Please do not fully rely on this smartwatch. As with any technology or human, errors can occur. This smartwatch is not a substitute for medical advice. Always consult your doctor for professional medical guidance. Although the watches are waterproof, we are not responsible for any water damage.
• Female Health Tracking: This feature is intended for personal reference only and should not be used for medical purposes. It may not accurately predict menstrual cycles or related information.
• SpO₂ Feature: The SpO₂ feature is not designed for diagnosing, preventing, monitoring, predicting, or prognosing any disease, nor for investigating physiological processes or any other medical use. Use this feature solely for well-being and personal reference. If you experience discomfort, consult a doctor or use professional medical devices.
• Product Representation: All images and measurements on this website are illustrative. The actual product design may differ.

Changes to the RTHMFit Service

RTHMFit may modify or discontinue any feature, component, or content of the RTHMFit Service at any time without notice. RTHMFit is not liable to you or any third party for any modifications, suspensions, or discontinuations of any feature, component, or content of the RTHMFit Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by RTHMFit products without prior notice to you.

Termination

We reserve the right to suspend or deactivate your account or restrict your access to certain aspects or all of the RTHMFit Service, or to terminate these Terms at our sole discretion, at any time and without prior notice or liability to you. In the event of such suspension, deactivation, or termination, we may delete or remove Your Content and any other information associated with your account. You may also choose to close your account at any time by contacting Customer Support.

Additional Terms May Apply

Certain products or services may be subject to additional terms. If there is a conflict between these Terms and the additional terms, the additional terms will take precedence.