Notice:

For Investigational Use Only. Biovibe™ is not a substitute for the clinical judgment of a health care professional. Biovibe™ is intended to improve your awareness of general wellness. Biovibe™ does not diagnose, treat, mitigate or prevent any disease, symptom, disorder or abnormal physical state. Consult with a health care professional or emergency services if you believe you may have a medical issue.

Disclaimer:

Biovibe™ is designed to harmonize your Bioenergetic Field and enhance recovery, vitality and wellbeing, not to cure, treat, mitigate, diagnose or prevent disease. The information on these pages is for reference and educational purposes only. It should not be treated as a substitute for professional medical advice, diagnosis or treatment. You should always seek such advice from a qualified medical professional.

Emerging science supports the use of Information Field analysis and optimizations as goals or affirmations. Information Field analysis and optimizations are not intended as medical advice and are not substitutes for examination or treatment by a medical doctor or other healthcare professional. Biovibe™ provides personalized information that can help users understand how to improve their level of wellbeing, vitality and awareness. Biovibe™ information should not be the only information relied on to make legal, business, medical or personal relationship decisions, and the software and hardware developers specifically disclaims any responsibility for user actions based on Biovibe™ information.

The content displayed by the Biovibe™ Apps does not constitute medical advice, which can only be provided by a medical professional. The Biovibe™ programs and other advice are recommendations that depend on user input. If you have or suspect you may have a medical condition, or if you are under the care of a healthcare professional, you should consult your practitioner before following these recommendations.

The content displayed by the Biovibe™ Apps does not constitute medical advice, which can only be provided by a medical professional. The Biovibe™ Individualized Microcurrent Frequency programs are intended solely for harmonization of the Bioenergetic Field. If you have or suspect you may have a medical condition, or if you are under the care of a healthcare professional, you should consult your practitioner before following these recommendations. Any personal data you upload to the Biovibe™ Apps is encrypted to protect your privacy.

The content displayed by the Biovibe™ Apps does not constitute medical advice, which can only be provided by a medical professional. The substances, foods and Biovibe™ programs displayed are recommendations that depend on user input. If you have or suspect food intolerances, allergies, deficiencies or medical conditions, or if a supplement regimen has been recommended by a health practitioner, you should consult a physician or other healthcare professional before following these recommendations.

Biovibe™ Applications are intended to support vitality and well-being, and are not a substitute for medical advice, which can only be provided by a medical professional. The physiological measurements displayed on Biovibe™ Apps and in the Biovibe™ hardware are designed to help you develop healthier habits and meet your fitness and wellness goals, to guide you in using the programs available in your Biovibe™ App, and to alert you to information that may make a consultation with a healthcare provider appropriate. No claims are made that Biovibe™ Apps or Biovibe™ hardware are diagnostic of the presence or absence of any medical conditions.

Notice: Biovibe™, with the advice of its medical advisory board and legal team , allows its Members to only make claims that are contained in company materials meant for public distribution. Please contact the company concerning any claims about which you have questions.

1. Medical Disclaimer:

Biovibe™ products & services are not a replacement for any standard treatment but a complementary one. Our products and services have not been evaluated by governments and are Consumer Products for personal use. Disclaimer: Biovibe™ is not intended for use in the diagnosis, treatment, cure or prevention of any disease, medical condition, physical or psychological disorder. It should not be considered a replacement for medical advice or treatment. If you have a serious acute or chronic health concern, please consult a trained health professional who can fully assess your needs and address them effectively.

 

2. Investigational Use Disclaimer:

Biovibe™ is not a substitute for the clinical judgment of a health care professional. Biovibe™ is intended to improve your awareness of general wellness. Biovibe™ does not diagnose, treat, mitigate or prevent any disease, symptom, disorder or abnormal physical state. Consult with a health care professional or emergency services if you believe you may have a medical issue.

3. Information Collection, Use, and Sharing

We are the sole owners of the information collected on this site & via our Apps. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. Biovibe™ values your privacy and we undertake to respect strict confidentiality and security regarding any personal information we gather from you.

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.

4. Cookies

Our website may use cookies (small text files placed on a device's hard disk by a web service) or similar technologies to provide the Online Services. For example, cookies and similar technologies such as web beacons may be used to store a user's preferences and settings, to gather web analytics, to authenticate users, and to detect fraud. In addition to the cookies we may set when you visit our websites, third parties that we have hired to provide certain services on our behalf, such as site analytics, may also set cookies when you visit our websites.

To learn more about how to control cookies and similar technologies, please see your Internet browser's documentation. Choices you make regarding the use of cookies may impact your use of various Online Services.

5. Collection of Personal Data

Basis
We collect personal information via our website (online forms) and via our mobile apps for the following purposes:

Website | Online Forms | Purchase Details

• conclusion of a sales contract
• order tracking, technical support, product information
• sending sales or other information
• statistics

Nature of Information Collected
We may collect the following information:

• – Name
• – First name
• – Address
• – Postal code
• – Email address
• – Phone / fax number
• – Age
• – Credit Card Number

The personal information we collect is collected through forms and through the interactivity established between you and our website. We also use, as described above, cookies and / or logs to gather information about you.

6. Mobile Applications

We collect your personal details as well as your potential clients personal details (name, date of birth, email) for the following reasons.

1.1 Create a user profile to save your data.
By creating a user profile, this allows you to save your clientele list and respective database for your apps.

We have access to your user profile however your personal details are encrypted using a 128 SSL encryption method. Your personal information will NOT be shared or sold to any third party organization. WE HATE SPAM!

1.2 Deleting your data
You can delete all your personal data from any of our apps. Launch our app and under the Navigation Tab there will be a delete your data option. Please email hello@biovibe.io to request removal of your data from our website.

7. Data Access and Deletion

Subject to certain limits and conditions provided under law, we honor the exercise of the right of access or deletion for all of our users, regardless of their location. Any Biovibe™ user may exercise this right by contacting us at hello@biovibe.io

2. Saving your client records.
This allows you to save your clients records and past results allowing you to easily track and monitor your clients results over a period of time.
Your clients details are fully encrypted on our 128 SSL encrypted server and we do not have access to these details.

Access to personal data
The following people or services have access to the data collected:

• – Sales department
• – Accounting
• – Service & Technical Support Department

Data retention period
Your data is kept for a period of ten years from the most recent customer contact.

8. Data Transfer

Biovibe™ is based in the United States and processes information in the United States, which may not provide equivalent levels of data protection as your home jurisdiction.

9. Your Choices

Account Information
You may update certain account information you provide to us (such as your password, name and email address) by logging into your account or contacting us through our Help Center at hello@biovibe.io

If you wish to disable your account, please contact us at hello@biovibe.io, but note that we retain certain information when required or permitted by law. We also retain cached or archived copies of information about you for a certain period of time.

10. Transfer of data outside the EU

Some personal data may be transferred outside the EU to the following countries, which have received EU approval: United States of America

Under no circumstances will the personal data thus collected be communicated or sold to a third party, it will remain strictly confidential and limited to use in the context of the activity of our site.

11. Right of access, opposition and withdrawal

In accordance with the law “Informatique et Libertés” of 6 January 1978 amended in 2004 and the EU General data protection regulation of 27 April 2016 (GDPR), you have a right of access, opposition and withdrawal with regard to your personal information.

The right of opposition is understood as being the possibility to refuse that your personal information be used for certain purposes mentioned during the collection.

The right of withdrawal is understood as the possibility to request that your personal information no longer appear, for example, in a mailing list or be deleted permanently from our files.

You can exercise your rights of access, rectification, opposition or withdrawal by contacting Biovibe Therapeutics, 1050 Vallecito Rd, Carpinteria CA 93013, USA.

You can also, for legitimate reasons, object to the processing of your personal data.

12. Security

Your personal data is stored in a secure environment and any staff that have access are under an obligation to respect its confidentiality. The following methods ensure the security of your personal information:

• • SSL (Secure Sockets Layer)
• • Password-protected access by authorized staff
• • Computer backup

 

13. Legislation

We undertake to respect any obligations contained in law, which includes the Loi relative à l'informatique, aux fichiers et aux libertés du 6 janvier 1978 and the EU General data protection regulation of 27 April 2016 (GDPR).

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