Hangzhou, Zhejiang, China

©2018 by Entertech

TERMS OF SERVICE

These Terms of Service ("Terms") apply to your access and use of the Entertech Service. The "Entertech Service" includes the associated websites, Naptime smart eyeshade and Naptime app, Luuna smart eyeshade and Innerpeace app, Flowtime smart headband and Flowtime app (collectively, the “Services”). For purposes of these Terms of Service, the term “Content” means any text, graphics, images, music, audio, video, works of authorship of any kind, and data, information or other materials that are posted, generated, provided, or otherwise made available through the Services, including user-generated content. These Terms of Service constitute a binding legal agreement between you and Hangzhou Enter Electronic Technology Co., Ltd. (“Entertech”, “we”, “us”, or “our”). The term “Device” refers to the device which is used to access the Services including but not limited to computers, smartphones, and tablets.

 

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.

 

Eligibility

You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the Services. Individuals under the age of 18, or the applicable age of majority, may utilize the Services only with the involvement and consent of a parent or legal guardian, under such person's account and otherwise subject to these Terms.

 

Modification

Entertech reserves the right, at its sole discretion, to modify or terminate the Services or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site. By continuing to access or use the Services after we have posted a modification on the Site, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease accessing and using the Services.

 

Warning: Not for Medical Use

If knowing your pulse rate (heart rate) is critical to your health, you need to have your pulse taken by a medical professional. The Services is not intended to diagnose, cure, mitigate, treat, or prevent any condition, or to be a substitute for professional medical care. Measurements and statistics are intended for informational and educational purposes only, to support general health and wellness. The Services has not been tested with individuals with health conditions, is not a clinical pulse oximeter and has not been cleared or approved by the U.S. Food and Drug Administration.

 

Not Medical Advice & Other Important Considerations

ENTERTECH DOES NOT PROVIDE MEDICAL ADVICE. THE SERVICES ARE NOT PROVIDED IN THE COURSE OF A PROFESSIONAL RELATIONSHIP BETWEEN A HEALTH CARE PROVIDER AND A PATIENT AND IS NOT INTENDED TO CREATE ANY PATIENT RELATIONSHIP, NOR SHOULD IT BE CONSIDERED A REPLACEMENT FOR CONSULTATION WITH A HEALTH CARE PROFESSIONAL. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF CONTENT AVAILABLE ON THE SERVICES OR THE RESULTS YOU RECEIVE THROUGH THE SERVICES.

 

You understand and agree that the Services and any other information you learn from Entertech are not intended, designed, or implied to diagnose, cure, mitigate, treat, or prevent, any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care, and you understand and agree that the Services are intended for research, informational, and educational purposes only. You acknowledge and agree that Entertech urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from the Services or the results therefrom. If you have an emergency medical condition, call the local emergency phone number immediately.

 

Activities

Entertech cares about your safety. You should consult with your physician and consider the associated risks before using our Services in connection with any activity, wellness, or fitness program like Mindful Walking or Yoga. By using our Services, you agree, represent and warrant that your physician has notified you that you are able to participate in wellness and fitness programs or any of the related activities made available to you in connection with the Services. Everyone’s condition and abilities are different, and participating in the activities promoted by our Services is at your own risk. If you choose to participate in these activities, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities. Activities promoted by the Services may pose risks even to those who are currently in good health. Use of the Entertech Service should not replace your good judgment and common sense.

 

 

Accuracy

The Services are intended to provide you with information that relates to maintaining or encouraging a general state of health or a healthy activity. The data and information provided by the Services are intended to be a representation of your metrics, but may not be completely accurate, including with respect to mood score, stress level, heart rate, stress rate and other metrics that may be added in the future

 

The brainwave and heart rate readings are for reference only, and Entertech is not responsible for the consequences of any erroneous readings. There are inherent limitations with the headband’s brainwave and heart rate measurement technology that may cause some of the readings to be inaccurate under certain circumstances. These circumstances include the user’s physical characteristics, the user’s health conditions, the position of the sensors, movement of the user or device, tremors, temperature, and the type and intensity of the activity.

 

Creating an Account

Full use of the Entertech Service requires that you create an account by providing us with information such as your full name, a valid email address, a strong password or by login with your social networking account like Facebook, Twitter, WeChat, etc. You are responsible for all activity that occurs in association with your account. Entertech is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact Customer Support if you discover or suspect any security breach related to the Entertech Service or your account.

 

Memberships and Subscriptions

1. Becoming A Member

(a) You may sign up as a registered user of the Services free of charge (a “Member”). To become a Member you need to go to the relevant section of the Services, then submit your email address to us, and create a password to be used in conjunction with that email address, or log in your social networking account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device.

(b) In the course of your use of the Services, you may be asked to provide certain personalized information to us (such information is referred to hereinafter as “User Information”). This User Information may include information from your Facebook and similar social networking profiles. Our information collection and use policies with respect to the privacy of such User Information are set forth in the Entertech Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.

(c) By placing an Order through the Services, you warrant that:

(i) You are legally capable of entering into binding contracts; (ii) All registration information you submit is truthful and accurate; (iii) You will maintain the accuracy of such information; and (iv) Your use of the Services does not violate any applicable law or regulation.

2. Once A Member

You are responsible for maintaining the confidentiality of your account, password and other User Information and for restricting access to your Device to further help protect such information. You are responsible for updating your User Information.

3. Membership

As an Entertech Member, you will receive access to certain sections, features, and functions of the Services that are not available to non-members.

By agreeing to become a Member you opt-in to receiving occasional special offer, marketing, survey and Service based communication emails. You can easily unsubscribe from Entertech commercial emails by following the opt-out instruction in these emails. Entertech memberships and subscriptions are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.

4. Subscriptions

(a) Flowtime account holders may access the Services in two ways:

  • (i) "Basics": a free-of-charge program, which gives free access to some lessons which vary from time to time.

  • (ii) Paid Subscription: a subscription fee-based program, which gives access to all content including and beyond the "Basics". You will only have access to the Subscription Program while your subscription is active and subsisting. You may have access to a free trial period of the Subscription Program in accordance with certain promotional offers. All subscription services provide access through the Services. You can become a subscriber to the Subscription Program by purchasing a subscription to the Services within the Apps, where allowed by the App marketplace partners, or through a bundle with one or more of our bundle subscription partners. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds. If you purchase through one or more of our bundle subscription partners, the purchase may be further subject to the Terms and Conditions of such partners, and payment and management of the bundle subscription may be administered by them.

(b) Flowtime offers monthly, annual and lifetime subscription options. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days. For the purposes of our lifetime subscription, lifetime constitutes 100 years or until the date Entertech ceases to commercially offer the Services.

(c) Our “Monthly” subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that Entertech is authorized to charge the same credit card as was used for the initial subscription fee or other payment methods as set forth in section 2.5(h) (the “Payment Method”) in the amount of the current monthly subscription fee as of the time of renewal. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until canceled. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.

(d) Our “Yearly” subscription is paid for by an upfront one-off payment with automatic annual renewals. You acknowledge and agree that Entertech is authorized to charge the Payment Method used for (i) the initial annual subscription fee at the rate secured at the time of purchase, and (ii) the renewal subscription fee(s) at the non-discounted rate in effect at the time of any such renewal. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.

(e) Our “Lifetime” subscription is paid for by a one-off upfront payment.

(g) You agree to promptly notify Entertech of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.

(h) In the course of your use of the Services, Entertech and its third-party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to Entertech and Entertech’s third-party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.

5. Device Requirements

To enjoy Entertech via your smartphone or other Device, your Device must satisfy certain system requirements. These requirements can be found on the Website and the Google, Apple and Amazon App marketplaces.

 

6. Corporate and Other Consumer Communities

While Entertech is a consumer products company, there is increasing interest by large consumer communities (corporations, universities, hospitals, etc.) (“Communities”) to introduce the Products to their employees and members. In some cases, these Communities may supplement these Terms with their own terms and conditions. In such an event, these Community terms and conditions shall also apply to your use of the Products. In the event of any conflict with such additional terms and these Terms, these Terms shall prevail.

 

7. Changing Fees and Charges

We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.

 

Cancellation of Services

1. Cancellation by You

(a) You may cancel a Monthly subscription at any time. Cancellation is effective at the end of the applicable monthly period. Please make any such cancellation by visiting here or emailing customer@entertech.cn

(b) Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by canceling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.

2. Cancellation by Us

We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Services.

3. Promotion and Discount Codes

Any promotion code or offer (including the Special Discount Pricing Options) provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Services, except where expressly stated otherwise. Previous users or trial users of the Services do not qualify as new users. No promotion code or discount will apply to corporate or other Community subscriptions. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the rate in effect at the time of renewal for the type of subscription purchased.

 

Privacy

Your use of our Services is subject to Entertech’s Privacy Policy, and its terms are made a part of these Terms of Service by this reference.

 

Ownership

The Services and the Content are protected by copyright, trademark, and other laws of China, the United States, and foreign countries. Except as expressly provided in these Terms of Service, Entertech and its licensors exclusively own all right, title and interest in and to the Services and the Content, including all associated intellectual property rights.

 

Content License

Subject to your compliance with the terms and conditions of these Terms of Service, Entertech grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services or the Content, except as expressly permitted in these Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Entertech or its licensors, except for the licenses and rights expressly granted in these Terms of Service.

Third-Party Services

The Entertech Service may display or permit linking or other access to or use of third-party content, promotions, websites, apps, services and resources (collectively “Third-Party Services”) that are not under Entertech’s control. This may include the opportunity for you to link your Flowtime account, Flowtime data, or the Entertech Service with Third-Party Services. We provide these links only as a convenience and are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with the Entertech Service, such as third-party applications accessed on Flowtime services, are not part of the Entertech Service and are not controlled by Entertech, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services. You also acknowledge that these Terms and the Entertech Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services.

 

Wear & Care

If you want to clean the headband, wipe down the band with a non-abrasive, lint-free cloth. If needed, you can lightly dampen the cloth with water. The headband isn’t sweat or water resistant. Soaking them might cause discoloration or other damage. Gently wipe away excess moisture with a dry, non-abrasive, lint-free cloth and let the band air dry. Direct sunlight, high temperatures, and humid conditions can cause discoloration or damage over time.

 

If you have eczema, allergies or asthma, you may be more likely to experience skin irritation or allergy from a wearable device. Whether you have the conditions above or not, if you start to experience redness or skin irritation on your head, remove your device. If symptoms persist longer than 2-3 days of not using your device, contact a dermatologist.

 

If you sweat a lot while wearing your Entertech devices, be sure to clean your devices and your forehead using the directions above to avoid skin irritation.

 

General Prohibitions

You agree NOT to do any of the following:

 

Send to provide any illegal content through the Services;

Use, display, mirror or frame the Services, or any individual element within the Services, any Entertech trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page;

Access, tamper with, or use non-public areas of the Services, Entertech's computer systems, or the technical delivery systems of Entertech's providers;

Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented to protect the Services or the Content;

Use the Services or the Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or the Content; Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; Violate any applicable law or regulation; Encourage or enable any other individual to do any of the foregoing.

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

Violate any applicable law or regulation;

Encourage or enable any other individual to do any of the foregoing.

 

 

Disclaimers

EXCEPT WHERE PROHIBITED BY LAW, ENTERTECH EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS BASIS.

 

EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY OF THE SERVICES OR ANY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS- OR ERROR-FREE OR FREE FROM OTHER HARMFUL ELEMENTS OR (III) ERRORS WILL BE CORRECTED. ANY ORAL OR WRITTEN ADVICE PROVIDED BY OUR AGENTS OR US DOES NOT AND WILL NOT CREATE ANY WARRANTY. YOU THEREFORE EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ENTERTECH CANNOT BE HELD LIABLE FOR ANY HEALTHCARE OR RELATED DECISIONS MADE BY YOU OR YOUR PHYSICIAN BASED UPON DATA COLLECTED, TRANSMITTED OR DISPLAYED BY OR ON THE SERVICES, WHETHER SUCH DATA IS ACCURATE OR INACCURATE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES OR THE CONTENT IS AT YOUR OWN RISK.

 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ENTERTECH NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ENTERTECH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

IN NO EVENT WILL ENTERTECH’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNT YOU PAID TO ENTERTECH FOR THE SERVICES (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIMS.

 

To the extent permitted by applicable law, you acknowledge and agree that we offer the Services and set the Services’ prices in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in the Terms of Service. To the extent permitted by applicable law, you also acknowledge and agree that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk between you and us and that these warranty disclaimers, releases, and limitations of liability form an essential basis of the bargain between you and us. We would not be able to provide the Services to you on an economically reasonable basis without these warranty disclaimers, releases, and limitations of liability.

 

Indemnity

To the extent authorized by law, you agree to indemnify and hold harmless Entertech, its employees, officers, directors, affiliates, and agents from and against any and all claims, disputes, demands, liabilities, losses, damages, and costs and expenses, including, without limitation, reasonable legal and accounting fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms of Service, or (b) your access to or use of the Services or the Content.

 

Miscellaneous

These Terms of Service and any action related thereto will be governed by the laws of China without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the provincial or state courts located in Zhejiang, China, and each of the parties hereto consents to the personal jurisdiction and venue in such courts. These Terms of Service constitute the entire and exclusive understanding and agreement between Entertech and you regarding the Services and the Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between Entertech and you regarding the Services and the Content. You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Entertech's prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns. The failure of Entertech to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that or any other right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Entertech. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.

 

Contacting Us

If you have any questions about these Terms of Service, please email us at customer@entertech.cn