This User Agreement is a legal contract between You and Happy Health ("We," "Us," "Our," or "Happy Health" and together with You, "Everyone") that governs Your use of the physical wearable products that We offer for sale and rent ("Products" or "Happy Ring"), the software included on such Products ("Software"), the related Mobile Applications (as the same is defined below) and hosted service ("Hosted Service"), and all the text, data, information, software, graphics, photographs and more made available via any of the foregoing (all of which We refer to as "Materials"). This User Agreement sets forth the legally binding terms and conditions for Your use of the Materials embedded within the Products, the Happy subscription service(s) used in conjunction with the Products ("Subscription" or "Membership"), and the Services, offered, from time to time, by Happy Health in connection therewith (the "Services"). As applicable, Your use of the Services may be subject to additional terms and conditions, including but not limited to, the Terms of Use.
We may alter the Services or any portion thereof and/or choose to modify, suspend or discontinue the Services at any time and without notifying You. We may also change, update, add or remove provisions (collectively, "modifications") of this User Agreement from time to time. We will inform You of any modifications to this User Agreement by making them available through the Services, and, in accordance with applicable law, providing You with notice, including by contacting You via email. To be sure We properly reach Your email inbox, We just ask that You let us know if Your preferred email address changes at any time after Your registration.
If You object to any such modifications, Your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications. Also, please know that this User Agreement may be superseded by expressly-designated legal notices or terms presented to You through Your use of the Services. These expressly-designated legal notices or terms are incorporated into this User Agreement and supersede the provision(s) of this User Agreement that are designated as being superseded.
The Happy Ring is a wearable ring that tracks, monitors and can provide alerts regarding certain health metrics including, but not limited to at-home vitals and sleep tracking that can be accessed by physicians and other members of a care team through a health portal as described via Our Services and Materials.
You may only connect to the Products using (i) a device that is manufactured, distributed, or sold by Happy Health 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 Service with any device that is not manufactured, distributed, or sold by Happy Health itself or through its authorized resellers or agents (such as a knock off or counterfeit version of a Happy Health device); otherwise intends to resemble or purports to be a Happy Health 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 Service. If You have questions about whether a product or application qualifies as an Authorized Connection, please contact Us.
Not for Resale - We sell and ship products purchased via Our Website to end-user customers only, and We reserve the right to refuse or cancel Your order if We suspect You are purchasing products for resale.
Pricing - Prices are stated in the applicable currency based on Your selected location, and may not include shipping and handling charges or applicable taxes, which, if applicable, will be communicated to You before You place Your order. Shipping and handling charges are non-refundable. We reserve the right to change the prices for any Product on our Website at any time without notice. You may be required by Your local jurisdiction to pay customs duties in connection with the return of the product and You will be solely responsible for paying all such charges.
Ordering, Shipping and Delivery - We may refuse or cancel any order or limit any order quantity in Our sole discretion, even after receiving Your order. We may also require additional qualifying information prior to accepting or processing Your order. While it is Our practice to confirm orders by e-mail, Your receipt of an e-mail confirmation does not constitute Our acceptance of Your order or Our confirmation of an offer to sell a Product. Payment information- If You wish to make a transaction through Our Website, You may be asked to supply certain relevant information, such as Your payment and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY PAYMENT METHOD THAT YOU CHOOSE TO USE TO COMPLETE ANY SUCH TRANSACTION. By submitting such information, You grant to us the right to provide such information to third parties for purposes of facilitating transactions. Verification of information may be required prior to the acknowledgment or completion of any transaction. The actual delivery of Your order can be impacted by many events beyond Our control. If our supply of the Products is delayed by an event outside our control then We will contact You as soon as possible to let You know and We will take steps to minimize the effect of the delay. Provided We do this We will not be liable for delays caused by the event, but if there is a risk of substantial delay You may contact us to end the contract and receive a refund for any Products You have paid for but not received. All Product returns are subject to a shipping return fee.
Product Availability - We reserve the right to add or remove Products and services from sale on Our Website at any time for any reason. We also reserve the right to change quantities available for purchase at any time, even after You place an order.
Product Descriptions on Website - Although We have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website are subject to minor variations. We make no representations as to the completeness, accuracy, reliability, validity or timeliness of any listings, descriptions or images (including, without limitation, any features and specifications such as weights and sizes) for any Products available through Our Website. Such information and the availability of any Product or service (including, without limitation, the validity of any coupon or discount) are subject to change at any time without notice. We make reasonable efforts to accurately display the attributes of products, including the applicable colors, however the actual colors You see will depend on Your computer system, and We cannot guarantee that Your computer will accurately display such colors. It is Your responsibility to understand and comply with all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession and use of any Product or service.
Compatibility - You are solely responsible for determining the compatibility of the Products with any required equipment (e.g., ensuring that You are using a compatible mobile device). You agree that lack of compatibility does not constitute a defect giving rise to a claim under Our Limited Product Warranty.
The Happy Health Program and Service includes the Product plus access to the Materials. Happy Health offers several Program and Service options as described below. Pricing information for each Program and Service can be found at https://support.happysleep.com/hc/en-us/articles/31241163849236-Pricing.
Happy Health offers the Services to You for the first ten (10) days after your Happy Ring delivery date as a wellness or diagnostic application as part of the Services. During the first ten (10) days of using the Product, and depending on Your selection at purchase, You have the option to use the Product in two different ways: (1) as a wellness device ("Wellness Program") or (2) as a diagnostic device ("Diagnostic Program"). The first ten (10) day period of using the Product is referred to as the "First Tier" of Services. You may decide after the first ten (10) days to convert Your use of the Product from the Wellness Program to the Diagnostic Program. If You do so, You will pay Happy Health a non-refundable fee at the beginning of the ten (10) day period for the Diagnostic Program.
Upon completion of "First Tier" of Services (either (a) completed sleep testing and attending a Happy provider appointment, or (b) the expiration of the initial 10 day period after receipt of the ring without completed sleep testing - whichever comes first), Happy Health also offers a monitoring feature for either the Wellness Program or the Diagnostic Program as part of the Services ("Membership Plan" or "Second Tier") (collectively referred to with the "First Tier" as the "Membership Tiers"). You have, within ten (10) days from completion of the "First Tier" of Services, to return the ring or the option to participate in the Membership Plan, and Happy Health will charge Your credit card on file for the non-refundable fee for the Membership Plan. If You choose not to participate in the Membership Plan, You have ten (10) days from the date of your appointment to return the Happy Ring; otherwise, a Non-Return Fee will be charged to your payment method on file.
During the Wellness Program period, Happy Health will not provide any diagnostic or clinical capabilities. Based on the Happy Ring monitoring, You will be provided with a non-clinical sleep report indicating a negative, inconclusive, or positive recommendation to discuss the report with a non-clinical sleep coach. If Your report is inconclusive, Happy Health may offer You additional monitoring for a fee. If You accept the offer, You will be charged based on Happy Health's fee schedule on the date of renewal, available at https://support.happysleep.com/hc/en-us/articles/31241163849236-Pricing.
Note: the ring only functions for members who are active in a program and during the initial test period.
As part of the Wellness Program, Happy Health will offer a consultation with a non-clinical sleep coach.
The sleep coach is not a licensed professional. Happy Health does not offer medical advice and any consultation with the sleep consultant does not create a provider patient relationship between You and Happy Health. Happy Health provides the Services for You to track, manage and share Your information. Any Services provided or content accessed within the sleep consultation are for informational purposes only and are not intended to be substitute for (i) advice from Your doctor or other medical professional, or any diagnosis or treatment or (ii) a visit, call or consultation with Your doctor or other medical professionals. Depending on the results of Your sleep consultation, Happy Health may send You options to seek additional information about Your results.
To administer the sleep consultation, Happy Health will collect personal information about You from Your Product and the Services ("Sleep Consultation Data"). Sleep Consultation Data includes physiologic data, like Your heart rate, sleep metrics and temperature, demographic data, like Your age, gender, height, and weight, and other information about Your perceived physical health and mental state. Happy Health will use and disclose Your Sleep Consultation Data in order to facilitate and provide the sleep consultation, including working with our third-party service providers and sleep coaches. Please refer to our privacy policy for more information about how Happy Health collects, uses, and discloses personal information.
If, after You receive a sleep consultation, the sleep coach provides You with a positive recommendation, Happy Health will offer You an option to enroll in the Diagnostic Program. Happy Health will also offer You the option to schedule a remote consultation with a clinical provider who is contracted or employed by Happy Health PLLC, Happy Health of California, P.C., Happy Health of New Jersey, P.C., Happy Health of Kansas, P.A, and Sleep Medicine Specialist New York PC. ("PCs") or a third-party professional practice that specializes in sleep-related consultations including OpenLoop Healthcare Partners, PC. As part of the Diagnostic Program, you may also receive dental services. If You qualify and opt into receiving dental services, You consent to receiving those services from the PCs.
You may also decide to skip the Wellness Program and start Your use of the Product as a Diagnostic Program.
Happy Health may offer You the option to enroll in their chronic care management (CCM) program if you qualify and your provider finds that it is indicated.
If You qualify for CCM and opt into the CCM program, You consent to Happy Health providing chronic care management services to You.
You agree to allow Happy Health to bill your insurance company for these services during any month that we provide at least 20 minutes of chronic care management services to you.
You are aware that only one provider or hospital can provide and bill for CCM services for You during a calendar month. Please let the CCM Service Provider know if you receive these services from any other provider during any month.
You agree to allow CCM Service Provider share your care information electronically with other providers delivering care to you.
You understand that standard coinsurance, copays, and deductibles apply to CCM services, so you may be billed for these services up to once a month, even if there is not face-to-face meeting with your CCM provider.
CCM services are NOT emergency services and Your data WILL NOT BE MONITORED 24/7. If You think You are experiencing a medical emergency, CALL 911 IMMEDIATELY.
Happy Health may offer You the option to enroll in their remote physiologic patient monitoring (RPM) program if you qualify and your provider finds that it is indicated.
If You qualify for RPM and opt into the RPM program, You consent to Happy Health providing remote monitoring services to You.
You agree to allow Happy Health to bill your insurance company for these services during any month that we collect at least 16 readings from any of your connected devices.
You are aware that only one provider or hospital can provide and bill for RPM services for You during a calendar month. Please let your Happy Health provider know if you receive these services from any other provider during any month.
You agree to allow Happy Health to share your care information electronically with other providers delivering care to you.
You understand that standard coinsurance, copays, and deductibles apply to RPM services, so you may be billed for these services up to once a month, even if there is no face-to-face meeting with your RPM provider.
RPM services are NOT emergency services and Your data WILL NOT BE MONITORED 24/7. If You think You are experiencing a medical emergency, CALL 911 IMMEDIATELY.
If you and your provider determine that CPAP therapy is an appropriate treatment, Your provider may offer choices regarding where to get your equipment and set up. You understand that You may use the Durable Medical Equipment (DME) provider of your choice.
Happy Health may offer You the option to enroll in a remote dental program to obtain oral appliance and the wrap-around services associated with it with a third-party vendor ("Dental Service Provider").
Professional Services
By using the Materials in the Diagnostic Program, you give permission to the PCs and its physicians and other professionals (the "Providers") to medically care for you by Telehealth (defined below), as applicable and appropriate. You may withdraw this consent at any time by both terminating your account and no longer seeking care from Providers.
You understand that this consent is given in advance of any specific diagnosis or treatment. You understand that these services are voluntary and that you have the right to refuse these services. This consent remains in effect even after a specific diagnosis has been made and treatment has been recommended. This consent will remain in effect until revoked by you in writing. However, revoking your consent in writing will not affect actions that were taken prior to receiving your revocation.
You understand that encounters with Providers or the Telehealth services via phone, email, the Materials, or otherwise, could involve, and you hereby consent to the use of, automated tools for diagnosis, care, treatment or communication pertaining to healthcare matters.
Based on Your visit with the Providers, a Provider may prescribe a home sleep test for You. You may use the Happy Ring to conduct the sleep test or another FDA approved home or lab based sleep test product. If using Happy Ring, Happy Ring would then be used as an FDA-cleared prescription device functionality. If You decide to use Happy Ring as a medical device, Happy Health will charge You for the cost of the Diagnostic Program that includes the cost of the telehealth visit and the home health test as set forth on the fee schedule available at [https://support.happysleep.com/hc/en-us/articles/31241163849236-Pricing].
You may also schedule additional follow up visits with the Care Team for additional fees after you receive your home sleep tests results. Your Provider may recommend continual remote patient monitoring. If You decide to use Happy Ring for your remote patient monitoring, you will be charged a fee for the use of the Happy Ring monitoring or You may choose to pay a different fee for the Happy Ring monitoring and monthly remote patient monitoring with a member of the care team.
Telehealth Definition
"Telehealth" is the delivery of healthcare services using technology when the healthcare provider and patient are not in the same physical location, and/or the virtual delivery of healthcare services, including by a medical provider or via digital or automated tools, including without limitation tools for medical or health-related diagnosis and treatment. Telehealth may be used for diagnosis, treatment, follow-up and/or patient education, and may include, without limitation, the following: electronic transmission of patient medical records, medical images, or other patient data; synchronous (i.e., "real time") and asynchronous (i.e., non-"real time") interactions via audio, video, and/or data communications; automated or digital tools for diagnosis, care, treatment and/or communication pertaining to healthcare or medical matters; and output data from medical devices, sound and video files.
Additional and Emergency Services
It may be possible that your condition cannot be treated via Telehealth, or that information transmitted through Telehealth may not be sufficient or of too poor of image quality, or insufficient information or data to allow for appropriate medical decision making. Accordingly, you may be required to seek additional in-person medical care, alternative healthcare, or emergency services. You agree that if your health or medical problem or condition persists after use of Telehealth via the Materials, you will immediately contact your medical services provider and seek appropriate additional in-person medical care or emergency care, as appropriate.
The Materials and Telehealth services are NOT appropriate foremergency or urgent medical matters. You agree not to use these services for emergency or urgent medical matters. You agree that for all urgent or emergency matters that you believe may immediately affect your health, you will immediately contact your medical services provider, call 911, or go to an emergency room at a local hospital facility.
Communication and Permission to Contact
You understand that Happy Health and the Providers will communicate information to you, including your test results and other Protected Health Information (PHI), via a secure email or SMS message, all in accordance with the Notice of Privacy Practices. You consent to receive emails, SMS messages, phone calls, or other communications from us and the Professionals pertaining to your care and your health (such as automated health reminders), including email communications containing PHI. You hereby authorize Happy Health to use and/or disclose your PHI to carry out your treatment and other healthcare operations. "Healthcare Operations" include but are not limited to: disclose of your PHI to any of the Providers and their offices or insurance companies participating in your care or treatment and the quality of that care.
After your registration, you may also receive email, SMS, and/or mobile push notifications in connection with the services, and these notifications may:
Depending on your phone and email provider, certain email, SMS, and mobile push communications may not be encrypted.
For information on how we collect, use, and disclosure information, please refer to our Privacy Policy and the Notice of Privacy Practices, which are incorporated by reference as though fully set forth herein.
You agree to pay all applicable fees related to Your use of Our Services. We may suspend or terminate Your account and/or access to Our Services if Your payment is late and/or Your offered payment method (e.g., credit card or PayPal account) cannot be processed. Further, you understand that your card will be pre-authorized for the amount agreed to be charged at the time of checkout. Your payment will be fully processed within two weeks if you are a cash pay member. If using insurance to pay for services, payment is expected within two (2) weeks of your insurance company processing your claim.
BY PROVIDING A PAYMENT METHOD, YOU EXPRESSLY AUTHORIZE US TO CHARGE THE APPLICABLE FEES ON SAID PAYMENT METHOD AS WELL AS TAXES AND OTHER CHARGES INCURRED THERETO AT REGULAR INTERVALS, ALL OF WHICH DEPEND ON YOUR MEMBERSHIP TIERS AND UTILIZED SERVICES.
If You do not show up for a scheduled appointment of any kind, or cancel 24 hours prior to your scheduled appointment time, Happy Health will charge You a $99 cancellation fee.
SIZING KIT FEE
A sizing kit is provided for every person that initiates use of the ring.
If You elect to use your insurance to pay for some or all of our services and you were shipped a sizing kit, you must place your Happy Ring order by providing us with Your ring size within ten (10) days of the sizing kit delivery date. After 10 days, you will be charged a $20 fee to cover the cost of the sizing kit and the shipping.
RESTOCKING FEE
You agree to pay the following non-refundable restocking fees, which will be deducted from any refund or charged to the card on file:
Insurance Customers: (a) Sizing Kit: A $20 restocking feeapplies if you (i) cancel services after receiving a sizing kit, or (ii) fail to select your ring size within ten (10) days of receiving the sizing kit.
Cash Pay Customers: (b) Sizing Kit: A $20 restocking feeapplies if you cancel services after being shipped a sizing kit.
Financial Policy and Payment Agreement
You consent to the Provider submitting claims to your health insurer for payment even though your Provider may not be in-network with your health insurer meaning that your Provider may not have an agreement with your health insurer and these services could cost you more. You may choose to seek care from a provider that is in your health plan's network. You may also contact your health plan for help with finding an in‐network provider who will provide the health service for a lower out‐of‐pocket cost. Because your Provider may be out-of-network, you agree that you have been provided with an estimate of the amount that you will billed by the Provider. Please be aware that this is only an estimate and the amount that the Provider bills may be different. By choosing to receive services from an out-of-network provider, your financial responsibility will likely be: (i) more than if you receive services from an in-network provider and (ii) more than your in-network co-payment, coinsurance, or deductible. Please contact your health plan for further consultation about the costs associated with your out‐of‐network services.
If the professional services provided to you by the Provider are covered by your health plan, you authorize the Providers to charge the health plan for such services and agree to pay any co-payment due under your health plan terms. You agree to pay any co-payment or deductible within __ days after receipt of the explanation of payment from the health plan. If health plan coverage is not applicable, you agree to pay Us the self-pay rate for any care or treatment provided to you by Happy Health or the Providers.
Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE OR A CHANGE IN THIRD-PARTY INSURANCE PARTICIPATION, PLAN, OR COVERAGE), AND YOU MUST PROMPTLY NOTIFY HAPPY HEALTH AND THE PROVIDER IF YOUR PAYMENT METHOD (E.G., CREDIT CARD OR DEBIT CARD) IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. YOU MUST PROMPTLY NOTIFY HAPPY HEALTH AND THE PROVIDERS IF YOUR COVERAGE BY A THIRD-PARTY INSURER OR OTHER AUTHORIZED PAYER IS CANCELED. CHANGES TO SUCH INFORMATION CAN BE MADE THROUGH BY CONTACTING HAPPY HEALTH VIA PHONE OR EMAIL. IF YOU FAIL TO PROVIDE HAPPY HEALTH AND THE PROVIDERS ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT HAPPY HEALTH AND THE PROVIDERS MAY CONTINUE CHARGING YOU FOR ANY CARE OR TREATMENT PROVIDED TO YOU BY HAPPY HEALTH OR THE PROVIDERS UNDER YOUR ACCOUNT UNLESS YOU HAVE TERMINATED YOUR USE OF THE ACCOUNT (CONFIRMED BY YOU IN WRITING UPON REQUEST BY HAPPY HEALTH AND THE PROVIDER).
Payment Method. If the Providers do not receive payment from third-party insurers or other authorized payers, you agree to pay all amounts due on your account upon demand pursuant to applicable law. You agree that your third-party insurers and other authorized payers may impose terms and conditions on you, which are independent of these Terms and you agree to comply with those terms. You further understand that unpaid balances will be sent to a collection agency.
Reaffirmation of Authorization. YOUR NON-TERMINATION OR CONTINUED USE OF THE MATERIALS REAFFIRMS THAT HAPPY HEALTH AND THE PROVIDERS ARE AUTHORIZED TO CHARGE YOU FOR SERVICES RENDERED. HAPPY HEALTH AND THE PROVIDERS MAY SUBMIT THOSE CHARGES FOR PAYMENT AND YOU WILL BE RESPONSIBLE FOR SUCH CHARGES. THIS DOES NOT WAIVE HAPPY HEALTH OR THE PROVIDER'S RIGHT TO SEEK PAYMENT DIRECTLY FROM YOU. YOUR CHARGES MAY BE PAYABLE IN ADVANCE, IN ARREARS, OR PER USAGE.
If you are eligible for or participate in Medicare or Medicare Advantage, you are responsible for disclosing that information during your intake. If you participate in Medicare or Medicare Advantage, the Providers will submit your claims to Medicare or your MA plan where applicable. We do not offer a cash-pay option for Medicare or Medicare Advantage beneficiaries. You agree to be responsible for any co-payment or deductible amounts and are financially responsible for any services that are not covered by Medicare or your Medicare Advantage plan. If you are eligible for or participate in Medicare or Medicare Advantage, you will be routed to an external provider for any therapy services.
The Software includes the embedded software, interfaces, content, fonts and data that came with Your Product as may be updated or replaces by feature enhancements or system updated provided by Happy Health (collectively referred to as the "Software"). The Software is licensed, not sold, to You by Happy Health. Happy Health and its licensors retain ownership of the Software and reserve all rights not expressly granted to You. Subject to the terms and conditions set forth herein, You are granted a limited, non-exclusive license to use the Software on a single Product for Your individual, consumer purposes. You may not, and You agree not to enable other to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or created derivative works of the Software.
If the Happy Ring is purchased in the United Kingdom consumers have additional rights under the Consumer Rights Act 2015 if a Happy Ring is defective and You have the right to choose whether to claim under the Happy Health warranty or under their consumer law rights.
Subject to the exclusions, limitations and conditions set forth below, Happy Health warrants to the original purchaser of the Product that the Product's hardware will be free from material defects in material and workmanship, when subjected to normal, proper and intended usage by properly informed users, for twelve (12) months from the date of shipment of the Product to the original purchaser (the "Warranty Period"). This Warranty Period is only available to You if You use the Tier Two Services.
For any defective Product that is returned to Happy Health by the original purchaser during the Warranty Period in compliance with the claim process specified below, Happy Health will, at its sole option, repair or replace the defective Product, or refund the price paid to Happy Health for the defective Product. A replacement may be a new or refurbished Product in Happy Health's discretion and any such replacement will continue to be subject to the warranty set forth above for the balance of the Warranty Period for the Product initially purchased.
Exclusions - A Product will not be considered defective and Happy Health will not have any obligation to repair or replace a Product, or refund the price paid for the Product as a result of any one or more of the following: (i) normal wear and tear, including scratches or dents, (ii) spillage of food or liquids, accident, disaster, or other external cause or force majeure, (iii) misuse, fault, neglect, negligence or intentional misconduct of or by any user or other person, (iv) use of the Product in a manner for which it was not designed or intended, or contrary to instructions (v) causes external to the Product, such as, but not limited to, power failure, electrical power surges or fluctuations, fire, exposure to or immersion in water or other liquids, excessive humidity or temperature, (vi) improper storage, handling or attempt to alter the Product, (vii) use of the Product in combination with equipment not supplied by Happy Health, (viii) tampering or opening the Product, or any attempted unauthorized repair, or (ix) use of the Product with software other than Happy Health's Mobile Application.
Claim Procedure - To make a claim under this Warranty, contact Happy Health's Service Center at support@happysleep.com for Your Return Authorization number (RMA). To obtain service under this Warranty, You will be required to provide (a) the original proof of purchase, (b) Your name, (c) Your shipping address, phone and email address, (d) a description of the problem, and (e) the serial number of the Product. You may not return defective Products to Happy Health or its authorized service provider when claiming under this Warranty without supplying this information to Happy Health. The Product (or the relevant part thereof) must be returned to Happy Health. We will pay the costs of postage or collection if our Service Center has provided You an RMA authorizing a warranty return. It is recommended that the Product be insured and trackable when shipped. Happy Health is not liable for Product lost or damaged during shipment. The repaired or replacement Product will be shipped to the corresponding return address with the shipping charges prepaid by Happy Health. All Product returns are subject to a shipping return fee.
Any Product (or part thereof) returned without proof of purchase, those with an outdated warranty, or those with issues not covered under the Warranty (as determined by Happy Health its sole and exclusive discretion) will not be repaired or replaced until the purchaser pays to Happy Health the repair or replacement cost as determined by Happy Health.
PURCHASER'S SOLE REMEDY, AND HAPPY HEALTH'S SOLE AND EXCLUSIVE OBLIGATION FOR BREACH OF THE LIMITED WARRANTIES SET FORTH ABOVE, IS THE, REPAIR, REPLACEMENT OR REFUND OF THE ORIGINAL PURCHASE PRICE FOR THE PRODUCT (WHICH SUCH REMEDY SHALL BE CHOSEN IN HAPPY HEALTH'S SOLE DISCRETION).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE SERVICE OFFERINGS ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE OFFERINGS IS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SERVICE OFFERINGS, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR RESULTING FROM A COURSE OF DEALING, LAW, CUSTOM, USAGE, OR TRADE PRACTICE.
TO THE EXTENT THAT ANY OF THE SAME CANNOT BE EXCLUDED, SUCH IMPLIED CONDITION, REPRESENTATION AND/OR WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD REFERRED TO IN THE APPLICABLE "LIMITED WARRANTY" SECTION ABOVE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY IN SUCH STATES.
THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE OFFERINGS ARE FREE OF PROBLEMS. Without limiting the generality of the foregoing, We make no warranty that the Offerings will meet Your requirements or that the Offerings (or access to or use of) will be uninterrupted, timely, secure, or error free or that defects in the Offerings will be corrected. We make no warranty as to the results that may be obtained from the use of the Offerings or as to the accuracy or reliability of any information obtained through the Offerings. No advice or information, whether oral or written, obtained by You through this Website or the Services or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.
The Service and the Product (and related Offerings) 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 Services and Product, engaging in an exercise program, or changing Your diet. If You experience a medical emergency, stop using the Services and Product (and related Offerings) 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 Service or the Product (and related Offerings).
WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SERVICES OR OTHERWISE RELATING TO YOUR USE OF THE OFFERINGS. AS A CONSUMER YOUR USE OF THE HAPPY RING SHALL BE NON-COMMERCIAL. HAPPY HEALTH SHALL THEREFORE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL HAPPY HEALTH'S LIABILITY EXCEED (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) THE GREATER OF $100 AND THE AMOUNTS YOU PAY THE HAPPY HEALTH FOR THE PRODUCT(S).
We make available one or more mobile applications to access the Services via a mobile device ("Mobile Application"). To use the Mobile Application, You must have a mobile device that is compatible with the mobile service. We do not warrant that the Mobile Application will be compatible with Your mobile device. We hereby grant to You a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by You, for Your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that We may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that You are using on Your mobile device. You consent to such automatic upgrading on Your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and We and Our third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to Your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that We provide to You designed for use on an Apple iOS-powered mobile device (an "iOS App"):
The following additional terms and conditions apply with respect to any Mobile Application that We provide to You designed for use on an Android-powered mobile device (an "Android App"):
