1. Contractual Relationship
These Terms of Use (“Terms”) govern the access or use by you, an individual,
from within any
country in the world of applications, websites, content, products, and services (the
“Services”)
made available by Possibility Wave LLC (“Biovibe” or “Biovibe™ Therapeutics”, a private
limited liability company established in the State of California USA, having its offices at
PO Box
925, Carpinteria, CA, 93014, registered at the California Chamber of Commerce under number
118264686 (“Biovibe or “Go Biovibe™ Therapeutics”).
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by
these Terms,
which establishes a contractual relationship between you and Biovibe. If you do not agree to
these Terms, you may not access or use the Services. These Terms expressly supersede prior
agreements or arrangements with you. Biovibe may immediately terminate these Terms or any
Services with respect to you, or generally cease offering or deny access to the Services or
any
portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a
particular event,
activity or promotion, and such supplemental terms will be disclosed to you in connection
with
the applicable Services. Supplemental terms are in addition to, and shall be deemed a part
of,
the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over
these Terms in the event of a conflict with respect to the applicable Services.
Biovibe may amend the Terms related to the Services from time to time.
Amendments will be
effective upon Biovibe's posting of such updated Terms at this location or the amended
policies or supplemental terms on the applicable Service. Your continued access or use of
the
Services after such posting constitutes your consent to be bound by the Terms, as amended.
Our collection and use of personal information in connection with the Services
is as provided in
Biovibe's Privacy Policy located at www.biovibe.io. Biovibe may provide to a claims processor
or an insurer any necessary information (including your contact information) if there is a
complaint, dispute or conflict, which may include an accident, involving you and a Third
Party
(ie: client/practitioner encounters ) and such information or data is necessary to resolve
the
complaint, dispute or conflict.
Our collection and use of Cookies in connection with the Services is as provided
in
Biovibe's Cookie Policy located at www.biovibe.io. Further details on data collected for
research purposes can be found on our research initiative page located at
www.biovibe.io.
2. The Services
The Services constitute a technology platform that enables users of Biovibe’s
mobile
applications or websites provided as part of the Services (each, an “Application”) to access
a
variety of micro-current based libraries for self application. In addition, to arrange and
schedule
1:1 appointments between users and certified practitioners within our research network. Such
appointments can be rendered remotely using unofficial Third Party software applications
(ie:
Zoom, Skype, etc) and also in person. Under this agreement, Biovibe indemnifies itself from
any and all concerns related to unofficial Third Party use. (ie: taxi service on the way to
meet
practitioner leads to accidental death)
Unless otherwise agreed by Biovibe in a separate written agreement with you, the
Services are
made available solely for your personal, noncommercial use.
YOU ACKNOWLEDGE THAT BIOVIBE DOES NOT PRESCRIBE MEDICAL ADVISE AND THAT
THE USE OF BIOVIBE APPLICATIONS AND EQUIPMENT IS FOR PURPOSES OF
ENTERTAINMENT, EDUCATION AND INTERNAL RESEARCH ONLY.
Unless otherwise agreed by Biovibe in a separate written agreement with you, the
Services are
made available solely for your personal, noncommercial use.
YOU ACKNOWLEDGE THAT ALL BIOVIBE HUMAN SERVICES, TREATMENTS AND
INTERACTIONS ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO
ARE NOT EMPLOYED BY BIOVIBE OR ANY OF ITS AFFILIATES. OTHERWISE REFERRED TO
AS (“THIRD PARTY AFFILIATES”)
License.
Subject to your compliance with these Terms, Biovibe grants you a limited,
non-exclusive, nonsublicensable,
revocable, non-transferrable license to:
a. access and use the Applications on your personal device solely in connection
with your use
of the Services; and
b. access and use any content, information and related materials that may be
made available
through the Services, in each case solely for your personal, noncommercial use.
Any rights not expressly granted herein are reserved by Biovibe and Biovibe's
licensors.
Restrictions.
You may not:
a. remove any copyright, trademark or other proprietary notices from any portion
of the Services;
b. reproduce, modify, prepare derivative works based upon, distribute, license,
lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream,
broadcast or otherwise
exploit the Services except as expressly permitted by Biovibe;
c. decompile, reverse engineer or disassemble the Services except as may be
permitted by applicable law;
d. link to, mirror or frame any portion of the Services;
e. cause or launch any programs or scripts for the purpose of scraping,
indexing, surveying, or otherwise data mining any portion of the Services or unduly
burdening or hindering the operation and/or functionality of any aspect of the Services; or
f. attempt to gain unauthorized access to or impair any aspect of the Services
or its related systems or networks.
Provision of the Services.
You acknowledge that portions of the Services may be made available under
Biovibe's various
brands or request options associated with treatment and practitioner connections, including
other sub applications currently referred to as “Biovibe Lite,” “Biovibe RX” “Biovibe Home”
“Biovibe Clinic” and the suite of Biovibe hardware currently referred to as “BioStraps”
“BioLight
Band”, BioPlate and “BioCoil”. You also acknowledge that the Services may be made available
under such brands or request options by or in connection with:
a. certain of Biovibe's subsidiaries and affiliates; or
b. independent Third Party Providers such as "Insight Health” and “Biovibe
Labs”.
Third Party Services and Content.
The Services may be made available or accessed in connection with third party
services and
content (including advertising) that Biovibe does not control. You acknowledge that
different
terms of use and privacy policies may apply to your use of such third party services and
content. Biovibe does not endorse such third party services and content and in no event
shall
Biovibe be responsible or liable for any products or services of such third party providers.
Additionally, Possibility Wave LLC, Google, Inc., Microsoft Corporation or BlackBerry
Limited
and/or their applicable international subsidiaries and affiliates will be third-party
beneficiaries to
this contract if you access the Services using Applications developed for Biovibe iOS,
Android,
Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party
beneficiaries are not parties to this contract and are not responsible for the provision or
support of the Services in any manner. Your access to the Services using these devices is
subject to terms set forth in the applicable third party beneficiary's terms of service.
Ownership.
The Services and all rights therein are and shall remain Biovibe's property or
the property of
Biovibe's licensors. Neither these Terms nor your use of the Services convey or grant to you
any rights: (i) in or related to the Services except for the limited license granted above;
or (ii) to
use or reference in any manner Biovibe's company names, logos, product and service names,
trademarks or services marks or those of Biovibe's licensors.
3. Your Use of the Services
User Accounts.
In order to use most aspects of the Services, you must register for and maintain
an active
personal user Services account (“Account”). You must be at least 18 years of age, or the age
of
legal majority in your jurisdiction (if different than 18), to obtain an Account. Or be in
the
company of a Legal Guardian. Account registration requires you to submit to Biovibe certain
personal information, such as your name, address, mobile phone number and age, as well as
at least one valid payment method (either a credit card or accepted payment partner). You
agree to maintain accurate, complete, and up-to-date information in your Account. Your
failure
to maintain accurate, complete, and up-to-date Account information, including having an
invalid or expired payment method on file, may result in your inability to access and use
the
Services or Biovibe's termination of these Terms with you. You are responsible for all
activity
that occurs under your Account, and you agree to maintain the security and secrecy of your
Account username and password at all times. Unless otherwise permitted by Biovibe in
writing,
you may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18 unless
otherwise directed
by their Legal Guardian. You may not authorize third parties to use your Account, and you
may
not allow persons under the age of 18 to receive frequencies or logistics services from
Third
Party Providers unless they are accompanied by a Legal Guardian. You may not assign or
otherwise transfer your Account to any other person or entity. You agree to comply with all
applicable laws when using the Services, and you may only use the Services for lawful
purposes (e.g., no communications around illegal activity). You will not, in your use of the
Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the
Third Party Provider or any other party. In certain instances you may be asked to provide
proof
of identity to access or use the Services provided either digitally or in person during a
user/
practitioner appointment, and you agree that you may be denied access to or use of the
Services if you refuse to provide proof of identity.
Text Messaging.
By creating an Account, you agree that the Services may send you text (SMS)
messages as
part of the normal business operation of your use of the Services. You may opt-out of
receiving
text (SMS) messages from Biovibe at any time by following the directions found
at www.biovibe.io You acknowledge that
opting out of receiving text (SMS) messages may
impact your use of the Services.
Promotional Codes.
Biovibe may, in Biovibe's sole discretion, create promotional codes that may be
redeemed for
Account credit, or other features or benefits related to the Services and/or a Third Party
Provider's services, subject to any additional terms that Biovibe establishes on a per
promotional code basis (“Promo Codes”). You agree that Promo Codes:
- a. must be used for the intended audience and purpose, and in a lawful manner;
- b. may not be duplicated, sold or transferred in any manner, or made available to the
general public (whether posted to a public form or otherwise), unless expressly
permitted by Biovibe;
- c. may be disabled by Biovibe at any time for any reason without liability to Biovibe;
- d. may only be used pursuant to the specific terms that Biovibe establishes for such
Promo Code;
- e. are not valid for cash; and
- f. may expire prior to your use.
Biovibe reserves the right to withhold or deduct credits or other features or
benefits obtained
through the use of Promo Codes by you or any other user in the event that Biovibe determines
or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal,
or in
violation of the applicable Promo Code terms or these Terms.
User Provided Content.
Biovibe may, in Biovibe's sole discretion, permit you from time to time to
submit, upload,
publish or otherwise make available to Biovibe through the Services textual, audio, and/or
visual content and information, including commentary and feedback related to the Services,
initiation of support requests, and submission of entries for competitions and promotions
(“User Content”). Any User Content provided by you remains your property. However, by
providing User Content to Biovibe, you grant Biovibe a worldwide, perpetual, irrevocable,
transferrable, royalty-free license, with the right to sublicense, to use, copy, modify,
create
derivative works of, distribute, publicly display, publicly perform, and otherwise exploit
in any
manner such User Content in all formats and distribution channels now known or hereafter
devised (including in connection with the Services and Biovibe's business and on third-party
sites and services), without further notice to or consent from you, and without the
requirement
of payment to you or any other person or entity.
User Provided Content.
Biovibe may, in Biovibe's sole discretion, permit you from time to time to
submit, upload,
publish or otherwise make available to Biovibe through the Services textual, audio, and/or
visual content and information, including commentary and feedback related to the Services,
initiation of support requests, and submission of entries for competitions and promotions
(“User Content”). Any User Content provided by you remains your property. However, by
providing User Content to Biovibe, you grant Biovibe a worldwide, perpetual, irrevocable,
transferrable, royalty-free license, with the right to sublicense, to use, copy, modify,
create
derivative works of, distribute, publicly display, publicly perform, and otherwise exploit
in any
manner such User Content in all formats and distribution channels now known or hereafter
devised (including in connection with the Services and Biovibe's business and on third-party
sites and services), without further notice to or consent from you, and without the
requirement
of payment to you or any other person or entity.
You represent and warrant that:
- a. you either are the sole and exclusive owner of all User Content or you have all
rights,
licenses, consents and releases necessary to grant Biovibe the license to the User
Content
as set forth above; and
- b. neither the User Content nor your submission, uploading, publishing or otherwise
making
available of such User Content nor Biovibe's use of the User Content as permitted herein
will infringe, misappropriate or violate a third party's intellectual property or
proprietary
rights, or rights of publicity or privacy, or result in the violation of any applicable
law or
regulation.
You agree to not provide User Content that is defamatory, libelous, hateful,
violent, obscene,
pornographic, unlawful, or otherwise offensive, as determined by Biovibe in its sole
discretion,
whether or not such material may be protected by law. Biovibe may, but shall not be
obligated
to, review, monitor, or remove User Content, at Biovibe's sole discretion and at any time
and for
any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the
Services. Your
mobile network's data and messaging rates and fees may apply if you access or use the
Services from a wireless-enabled device and you shall be responsible for such rates and
fees.
You are responsible for acquiring and updating compatible hardware or devices necessary to
access and use the Services and Applications and any updates thereto. Biovibe does not
guarantee that the Services, or any portion thereof, will function on any particular
hardware or
devices. In addition, the Services may be subject to malfunctions and delays inherent in the
use of the Internet and electronic communications.
4. Payment
You understand that use of the Services may result in charges to you for the
services or goods
you receive from a Third Party Provider (“Charges ”). After you have received services or
goods
obtained through your use of the Service, Biovibe will facilitate your payment of the
applicable
Charges on behalf of the Third Party Provider as such Third Party Provider's limited payment
collection agent. Payment of the Charges in such manner shall be considered the same as
payment made directly by you to the Third Party Provider. Charges will be inclusive of
applicable taxes where required by law. Charges paid by you are final and non- refundable,
unless otherwise determined by Biovibe. You retain the right to request lower Charges from a
Third Party Provider for services or goods received by you from such Third Party Provider at
the time you receive such services or goods. Biovibe will respond accordingly to any request
from a Third Party Provider to modify the Charges for a particular service or good.
All Charges are due immediately and payment will be facilitated by Biovibe using
the preferred
payment method designated in your Account, after which Biovibe will send you a receipt by
email. If your primary Account payment method is determined to be expired, invalid or
otherwise not able to be charged, you agree that Biovibe may, as the Third Party Provider's
limited payment collection agent, use a secondary payment method in your Account, if
available.
As between you and Biovibe, Biovibe reserves the right to establish, remove
and/or revise
Charges for any or all services or goods obtained through the use of the Services at any
time in
Biovibe's sole discretion. Further, you acknowledge and agree that Charges applicable in
certain geographical areas may increase substantially during times of high demand. Biovibe
will
use reasonable efforts to inform you of Charges that may apply, provided that you will be
responsible for Charges incurred under your Account regardless of your awareness of such
Charges or the amounts thereof. Biovibe may from time to time provide certain users with
promotional offers and discounts that may result in different amounts charged for the same
or
similar services or goods obtained through the use of the Services, and you agree that such
promotional offers and discounts, unless also made available to you, shall have no bearing
on
your use of the Services or the Charges applied to you. You may elect to cancel your request
for services or goods from a Third Party Provider at any time prior to such Third Party
Provider's arrival, in which case you may be charged a cancellation fee.
Gratuities
This payment structure is intended to fully compensate the Third Party Provider
for the services
or goods provided. Biovibe does not designate any portion of your payment as a tip or
gratuity
to the Third Party Provider. Biovibe encourages users to use their discretion when making
such
voluntary contributions. Any representation by Biovibe (on Biovibe's website, in the
Application,
or in Biovibe's marketing materials) to the effect that tipping is “voluntary,” “not
required,” and/
or “included” in the payments you make for services or goods provided is not intended to
suggest that Biovibe provides any additional amounts, beyond those described above, to the
Third Party Provider. You understand and agree that, while you are free to provide
additional
payment as a gratuity to any Third Party Provider who provides you with services or goods
obtained through the Service, you are under no obligation to do so. Gratuities are
voluntary.
After you have received services or goods obtained through the Service, you will have the
opportunity to rate your experience and leave additional feedback about your Third Party
Provider.
Repair or Cleaning Fees.
You shall be responsible for the cost of repair for damage to, or necessary
cleaning of, Third
Party Provider dwellings, furniture and property resulting from use of the Services under
your
Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or
Cleaning”). In the event that a Third Party Provider reports the need for Repair or
Cleaning, and
such Repair or Cleaning request is verified by Biovibe in Biovibe's reasonable discretion,
Biovibe reserves the right to facilitate payment for the reasonable cost of such Repair or
Cleaning on behalf of the Third Party Provider using your payment method designated in your
Account. Such amounts will be transferred by Biovibe to the applicable Third Party Provider
and are non-refundable.
5. Disclaimers; Limitation of Liability; Indemnity
DISCLAIMER.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BIOVIBE DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT
EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN
ADDITION, BIOVIBE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE
REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF
THE SERVICES OR ANY SERVICES OR GOODS AND PERSONAL HEALTH OUTCOMES
REQUESTED OR DESIRED THROUGH THE USE OF THE SERVICES, OR THAT THE
SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. BIOVIBE DOES NOT GUARANTEE
THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU
AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY
SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH
YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
BIOVIBE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA,
PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR
OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF BIOVIBE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BIOVIBE SHALL NOT BE LIABLE FOR
ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF:
- a. YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE
SERVICES; OR
- b. ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF
Biovibe HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BIOVIBE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING
FROM CAUSES BEYOND BIOVIBE'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT
THIRD PARTY TREATMENT PROVIDERS PROVIDING TREATMENT SERVICES REQUESTED
THROUGH SOME REQUEST BRANDS MAY OFFER ENTIRELY UNRELATED USER
EXPERIENCES AND BIO-FIELD TECHNOLOGIES AND MAY NOT BE PROFESSIONALLY
CERTIFIED, LICENSED OR PERMITTED. IN NO EVENT SHALL BIOVIBE'S TOTAL LIABILITY
TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES
OF ACTION EXCEED FIFTY US DOLLARS ($50).
BIOVIBE'S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE
TRANSPORTATION, GOODS OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS,
BUT YOU AGREE THAT Biovibe HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED
TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY
THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT
LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED
UNDER APPLICABLE LAW.
Indemnity.
You agree to indemnify and hold Biovibe and its officers, directors, employees
and agents
harmless from any and all claims, demands, losses, liabilities, and expenses (including
attorneys' fees) arising out of or in connection with:
- a. your use of the Services or services or goods obtained through your use of the
Services;
- b. your breach or violation of any of these Terms;
- c. Biovibe's use of your User Content; or
- d. your violation of the rights of any third party, including Third Party Providers.
6. Governing Arbitration
Except as otherwise set forth in these Terms, these Terms shall be exclusively
governed by and
construed in accordance with the laws of California in The United States of America,
excluding
its rules on conflicts of laws. Any dispute, conflict, claim or controversy arising out of
or broadly
in connection with or relating to the Services or these Terms, including those relating to
its
validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily
submitted
to mediation proceedings under the International Chamber of Commerce Mediation Rules
(“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a
request for mediation has been submitted under such ICC Mediation Rules, such Dispute can
be referred to and shall be exclusively and finally resolved by arbitration under the Rules
of
Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC
Rules'
Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1)
arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and
arbitration shall be the State of California, in The United States of America. The language
of the
mediation and/or arbitration shall be English, unless you do not speak English, in which
case
the mediation and/or arbitration shall be conducted in both English and your native
language.
The existence and content of the mediation and arbitration proceedings, including documents
and briefs submitted by the parties, correspondence from and to the International Chamber of
Commerce, correspondence from the mediator, and correspondence, orders and awards
issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed
to any
third party without the express written consent from the other party unless: (i) the
disclosure to
the third party is reasonably required in the context of conducting the mediation or
arbitration
proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the
confidentiality obligation stipulated
7. Other Provisions
Research and Data Collection
By accepting these Terms and Conditions, you grant Biovibe full permission to
collect your
user-based activity for its ongoing research initiatives.
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to Biovibe's designated agent.
Please visit
Biovibe's web page at www.biovibe.io
for the designated address and additional information.
Notice.
Biovibe may give notice by means of a general notice on the Services, electronic
mail to your
email address in your Account, or by written communication sent to your address as set forth
in your Account. You may give notice to Biovibe™ Therapeutics by written communication to
Biovibe's address at PO Box 925, Carpinteria, CA, 93014.
General.
You may not assign or transfer these Terms in whole or in part without Biovibe's
prior written
approval. You give your approval to Biovibe for it to assign or transfer these Terms in
whole or
in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Biovibe's equity,
business or
assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency
relationship exists between you, Biovibe or any Third Party Provider as a result of the
contract
between you and Biovibe or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable,
in whole or in part,
under any law, such provision or part thereof shall to that extent be deemed not to form
part of
these Terms but the legality, validity and enforceability of the other provisions in these
Terms
shall not be affected. In that event, the parties shall replace the illegal, invalid or
unenforceable
provision or part thereof with a provision or part thereof that is legal, valid and
enforceable and
that has, to the greatest extent possible, a similar effect as the illegal, invalid or
unenforceable
provision or part thereof, given the contents and purpose of these Terms. These Terms
constitute the entire agreement and understanding of the parties with respect to its subject
matter and replaces and supersedes all prior or contemporaneous agreements or undertakings
regarding such subject matter. In these Terms, the words “including” and “include” mean
“including, but not limited to.”
Last Modified: Jan 1, 2024
