Abyx Fit Terms of Service
Abyx Fit designs products and tools that help you achieve your health and fitness goals and empower and inspire you to lead a healthier, more active life. These Terms of Service (“Terms”) apply to your access and use of the Abyx Fit Service. The “Abyx Fit Service” includes our devices including associated firmware, applications, software, websites, APIs, products, and services.
These Terms are an agreement between you and Onyx Group Limited, a Hong Kong company with its registered office at 5F Heng shan CTR, 145 Queen’s Road East, Wanchai, Hong Kong. Onyx Group Limited is referred as “Abyx Fit,” “we,” “us,” or “our,” in this agreement.
You must accept these Terms to create a Abyx Fit account and to access or use the Abyx Fit Service. If you do not have an account, you accept these Terms by using any part of the Abyx Fit Service. If you do not accept these terms, do not create an account or use the Abyx Fit Service.
You must be above 16 years old to create an Abyx Fit account. If you are younger than 16 years old your parent or legal tutor must create the account on your behalf.
2. USE OF THE ABYX FIT SERVICE
Persons under the age of 16, or any higher minimum age in the jurisdiction where that person resides, are not permitted to access or use the Abyx Fit Service without parental consent. Additionally, you cannot access or use the Abyx Fit Service if you are barred from receiving services under applicable law or have previously been suspended or removed from the Abyx Fit Service.
You may only connect to the Abyx Fit Service using (i) a device that is manufactured, distributed, or sold by Abyx Fit itself or through its authorized resellers or agents; (ii) our mobile applications and software, or approved third-party applications, software, or devices; or (iii) our websites (“Authorized Connections”). You may not connect to the Abyx Fit Service with any device that is not manufactured, distributed, or sold by Abyx Fit itself or through its authorized resellers or agents (such as a knock off or counterfeit version of a Abyx Fit device); otherwise intends to resemble or purports to be a Abyx Fit device; or any unauthorized application or third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Abyx Fit Service. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact Support@Abyx-Fit.com.
3. CREATING AN ACCOUNT
Full use of the Abyx Fit Service requires that you create an account by providing us with information such as your full name and a valid email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. Abyx Fit 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 Abyx Fit Service or your account.
4. NECESSARY EQUIPMENT
Full use of the Abyx Fit Service is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Abyx Fit Service and it is your responsibility to ensure the equipment’s functionality.
5. POSTING YOUR CONTENT ON THE ABYX FIT SERVICE
Abyx Fit may enable you to post, upload, store, share, send, or display photos, images, video, data, text, music, exercise regimens, food logs, recipes, comments, and other information and content (“Your Content”) to and via the Abyx Fit Service.
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms.
You represent and warrant that Your Content, the use and provision of Your Content on the Abyx Fit Service, and your use of the Abyx Fit Service will not (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
You further agree not to (1) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use the Abyx Fit Service in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Abyx Fit Service, or which may expose us or our users to any harm or liability of any type.
Abyx Fit may, in its sole discretion, alter, remove, or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via the Abyx Fit Service.
6. ABYX FIT’S RIGHTS
“Abyx Fit Content” includes any photos, images, graphics, video, audio, data, text, music, exercise regimens, food logs, recipes, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Abyx Fit Service. Abyx Fit Content, the Abyx Fit Service, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the European Union, the United States and other countries. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Abyx Fit Service. Our logos and any other Abyx Fit trademarks that may appear on the Abyx Fit Service, and the overall look and feel of the Abyx Fit Service, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the Abyx Fit Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
7. WHAT YOU CAN DO ON THE ABYX FIT SERVICE
The Abyx Fit Service is intended for your personal, non-commercial use.
Abyx Fit grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the Abyx Fit Service, (2) access and view the Abyx Fit Content, (3) access and use the software and mobile applications provided by the Abyx Fit Service, and (4) use the software that is embedded into Abyx Fit devices as authorized in these Terms. This license is provided solely for your personal, non-commercial use and enjoyment of the Abyx Fit Service as permitted in these Terms.
You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Abyx Fit Content, Abyx Fit Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Abyx Fit or its licensors, except for the licenses and rights expressly granted in these Terms.
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Abyx Fit Service: (1) use, display, mirror, or frame the Abyx Fit Service or any individual element within the Abyx Fit Service, including the layout and design of any page, without Abyx Fit’s express written consent; (2) use Abyx Fit’s name, any Abyx Fit trademark or logo, or any Abyx Fit proprietary information without Abyx Fit’s express written consent; (3) access or tamper with non-public areas of the Abyx Fit Service, Abyx Fit’s computer systems, or the technical delivery systems of Abyx Fit’s providers; (4) test the vulnerability of any Abyx Fit system or breach any security or authentication measures; (5) circumvent any technological measure implemented by Abyx Fit or any of Abyx Fit’s providers or any other third party (including another user) to protect the Abyx Fit Service; (6) access the Abyx Fit Service or Abyx Fit Content through the use of any mechanism other than through the use of an Authorized Connection, Abyx Fit Service, or Abyx Fit API; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that Abyx Fit provides to you or any other part of the Abyx Fit Service.
You are granted a limited, nonexclusive, and nontransferable right to create a text hyperlink to the Abyx Fit Service for noncommercial purposes, provided that such link does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time in Abyx Fit’s sole discretion.
9. OUR ENFORCEMENT RIGHTS
We are not obligated to monitor access or use of the Abyx Fit Service, Abyx Fit Content or to review or edit any Abyx Fit Content, but we have the right to do so for the purpose of operating the Abyx Fit Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities and, pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law.
We reserve the right (but are not required) to remove or disable access to the Abyx Fit Service, any Abyx Fit Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Abyx Fit Content, Your Content, or your use of the Abyx Fit Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Abyx Fit Service, and in response may take any action we may deem appropriate.
10. USE THE ABYX FIT SERVICE AT YOUR OWN RISK
If you rely on any Abyx Fit Content or the Abyx Fit Service, you do so solely at your own risk.
Our goal is to provide helpful and accurate information on the Abyx Fit Service, but we make no endorsement, representation, or warranty of any kind about any Abyx Fit Content, information, or services. The accuracy of the data collected and presented through the Abyx Fit Service is not intended to match that of medical devices or scientific measurement devices.
We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the Abyx Fit Service. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate, or incomplete
Use of the Abyx Fit Service should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany your use of the Abyx Fit Service, including those located on our Support page.
11. CONSULT YOUR DOCTOR BEFORE USING THE ABYX FIT SERVICE
The Abyx Fit Service is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using the Abyx Fit Service, engaging in an exercise program, or changing your diet. If you experience a medical emergency, stop using the Abyx Fit Service and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the Abyx Fit Service. If you engage in any exercise program you receive or learn about through the Abyx Fit Service, you agree that you do so at your own risk and are voluntarily participating in these activities.
Prolonged contact with wearable devices may contribute to skin irritation or allergies in some users. To reduce irritation, follow four simple wear and care tips: (1) keep it clean, (2) keep it dry, (3) don’t wear it too tight, and (4) give your wrist a rest by removing the band for an hour after extended wear. For more information visit www.Abyx-Fit.com/Support. If you notice any skin irritation, soreness, tingling, numbness, burning, or stiffness in your hands or wrists while or after wearing the product, remove your device and please discontinue use. If any symptoms persist longer than 2-3 days after removing the device, consult your doctor.
Abyx Fit products using HR monitoring have a heart rate tracking feature that may pose risks to users with certain health conditions. Consult your doctor prior to use of such products if you (1) have a medical or heart condition, (2) are taking any photosensitive medicine, (3) have epilepsy or are sensitive to flashing lights, (4) have reduced circulation or bruise easily, or (5) have tendonitis, carpal tunnel syndrome, or other musculoskeletal disorders.
12. DMCA/COPYRIGHT POLICY
Abyx Fit respects the intellectual property of others and expects its users to do the same. It is Abyx Fit’s policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe the rights of copyright holders.
13. TERMS OF SALE AND RETURNS AND WARRANTY
Abyx Fit’s Terms of Sale and Returns and Warranty Policy apply to purchases made from Abyx Fit. The Terms of Sale are incorporated into and made a part of these Terms. All orders placed are subject to Abyx Fit’s acceptance. We may accept, decline, or place limits on your order for any reason.
14. FEEDBACK AND SUBMISSIONS POLICY
If you submit comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Abyx Fit, or obtained from sources other than you.
15. CONTESTS AND GIVEAWAYS
Additional terms and conditions may apply to surveys, contests, giveaways, and other promotions sponsored by Abyx Fit or its partners. It is your responsibility to carefully review those terms and conditions.
16. ALERTS AND NOTIFICATIONS
As part of your use of the Abyx Fit Service, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.
17. THIRD-PARTY SERVICES
18. CHANGES TO THE ABYX FIT SERVICE
Abyx Fit may change or discontinue, temporarily or permanently, any feature or component of the Abyx Fit Service at any time without notice. Abyx Fit is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of the Abyx Fit Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Abyx Fit products without prior notice to you.
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Abyx Fit Service, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove Your Content and other information related to your account. You may close your account at any time by contacting Customer Support. Upon any termination of these Terms or suspension, termination, or discontinuation of the Abyx Fit Service or your account, the following provisions of these Terms will survive: Sections 1, 5, 6, 9, 10, 11, 13, 14, 16, 17, 19, 20, 21, 22, 23, 24, 25.
THE ABYX FIT SERVICE AND ABYX FIT CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE ABYX FIT SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Abyx Fit Service or Abyx Fit Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Abyx Fit Service or any Abyx Fit Content.
You will indemnify and hold harmless Abyx Fit or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Abyx Fit Service, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
22. LIMITATION OF LIABILITY
NEITHER ABYX FIT, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE ABYX FIT SERVICE 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 ABYX FIT SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ABYX FIT 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 ABYX FIT’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE ABYX FIT SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO ABYX FIT FOR USE OF THE ABYX FIT SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO ABYX FIT, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ABYX FIT AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
23. DISPUTE RESOLUTION
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You agree that any dispute between you and Abyx Fit arising out of or relating to these Terms of Service, the Abyx Fit Service, or any other Abyx Fit products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law: Except as otherwise required by applicable law, the Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of Hong Kong without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Abyx Fit, you agree to try to resolve the Dispute informally by contacting support@Abyx-Fit.com. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 30 days after submission, you or Abyx Fit may bring a formal proceeding.
We Both Agree To Arbitrate: You and Abyx Fit agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Abyx Fit products or Abyx Fit Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
24. GENERAL TERMS
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Abyx Fit and you regarding the Abyx Fit Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Abyx Fit and you regarding the Abyx Fit Service and Abyx Fit Content.
We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the Abyx Fit Service. When you use the Abyx Fit Service after a modification becomes effective, you are telling us that you accept the modified Terms.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without Abyx Fit’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Abyx Fit may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by Abyx Fit under these Terms, including those regarding modifications to these Terms, will be given: (i) via email or (ii) by posting to the Abyx Fit Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Abyx Fit’s failure to enforce any right or provision of these Terms will not be considered a waiver of such 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 Abyx Fit. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
25. ADDITIONAL TERMS MAY APPLY
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.
You may contact us at support@Abyx-Fit.com or at our mailing address below.
Onyx Group Limited
5F Heng Shan CTR
145 Queen’s Road East
Wanchai, Hong Kong