Terms of Service
Glocusent Co., Ltd. Terms of Service ("Agreement")
This agreement was last modified on March 2023.3.22
Please carefully review these Terms of Service ("Agreement", "Terms of Service") as they govern your use of our Offerings, which include the Glo Sleep app. This agreement establishes a legal contract between you ("you") and Glocusent Co., Ltd. ("us", "we", or "our"). By accessing or using our Offerings in any way, including using our apps, purchasing our products, or visiting our sites or services, you agree to be bound by these Terms of Service, which become effective as of the date you first access or use our Offerings.
Acceptance of Terms of Service
- By using any of our Offerings or registering for them, you agree to follow our Terms of Service as well as any other rules, policies, and procedures we may publish on our site from time to time. We may update these terms without notice to you.
- Some of our Offerings may have additional terms and conditions that you must follow, and these terms are also included in our overall Terms of Service.
- These Terms of Service apply to all users of our Offerings, including those who provide content, information, or other services.
- Some of our Offerings may contain general health and wellness information, but it is not a substitute for professional medical diagnosis or treatment. Glocusent does not provide medical or health advice, care, diagnosis, or treatment, and any information provided by Glocusent experts is at your own risk. In case of a medical emergency, you should call 911 or your doctor.
- Please note that except for certain disputes mentioned in the arbitration section below, any disagreements between you and us will be resolved through individual arbitration, and you are giving up your right to participate in a class action lawsuit or arbitration.
By using our Offerings, you guarantee that you are at least 18 years old. If you are under the age of 18, you cannot use our Offerings. It is your responsibility to ensure that you comply with all applicable laws, regulations, and rules regarding these Terms of Service. Additionally, the Offerings are intended only for your personal use and not for the use or benefit of any third party.
- To use the Apps, you need to create an account with accurate and complete information. Your username should not be offensive, vulgar, obscene, or impersonate someone else. You can't use a name that belongs to someone else without permission.
- You're responsible for any activity that occurs on your account, and you need to keep your account password safe. You can't use another person's registration information or user account without permission. If there's any change in your eligibility to use the Offerings or if someone uses your account without permission, you must notify us immediately. Don't share your login information with others.
These Terms of Service define "Content" as including a wide range of items, such as data, images, videos, and software, that are available through the Offerings. This also encompasses User Content, as explained below.
- User Content. User Content is any Content that is created, uploaded, or shared by users on the Offerings. Users are responsible for ensuring that their User Content complies with all relevant laws, is accurate, and is up-to-date. Users assume all risks associated with accessing any Content, including User Content, through the Offerings, and we cannot guarantee the accuracy of any such Content.
- Notices and Restrictions. Some of the Content that is available on the Offerings is protected by intellectual property laws, such as copyrights and trademarks. Users must comply with any restrictions or notices that pertain to such Content.
- Use a License. Subject to these Terms of Service, users are granted a non-exclusive, non-transferable, non-sublicensable, worldwide license to use Content solely for purposes of using the Offerings. Users may not use any Content for commercial purposes or in a way that violates any third-party rights without obtaining prior written permission from us.
- Availability of Content. We cannot guarantee that all Content will be available through the Offerings.
Rules of Conduct
By using the Offerings, you agree to follow these Terms of Service and accept responsibility for all of your actions related to the Offerings.
You are not allowed to do any of the following activities or allow a third party to do so on your behalf in connection with the Offerings:
- Provide false, misleading, or inaccurate information.
- Post or distribute any content that is illegal, threatening, abusive, harassing, defamatory, fraudulent, deceptive, invasive of privacy, obscene, vulgar, pornographic, offensive, profane, or deemed inappropriate by us in our sole discretion.
- Send unsolicited emails, advertisements, or any other form of spam.
- Use any software or program that is designed to damage or interfere with the proper function of the Offerings or any third-party systems.
- Pretend to be someone else, including one of our employees or representatives, or share sensitive personal or financial information of others.
- Use manual or automated software to harvest, scrape or crawl any content from the Offerings.
- Modify, create derivative works of, distribute, or transfer any part of the Offerings or its underlying source code, or attempt to decipher, decompile or reverse engineer any part of the Offerings. You must also comply with all applicable laws and regulations.
We may access, read, preserve, and disclose any information that we believe is necessary to comply with applicable laws, enforce these Terms of Service, investigate potential violations, prevent fraud or technical issues, address user support requests, or protect our users and the public.
- Glocusent Products. The descriptions, images, references, features, content, specifications, products, prices, and availability of products offered through the Offerings are subject to change without notice. The current prices are available on the Offerings, but their inclusion at a particular time does not guarantee availability or a fixed price. We reserve the right to limit quantities, discontinue any product, impose conditions on promotions, bar users from making purchases, or refuse to provide any user with a product, with or without prior notice.
- Third-Party Products. The descriptions, images, references, features, content, specifications, products, prices, and availability of products offered through the Offerings are subject to change without notice. We make reasonable efforts to display product attributes accurately, but actual colors may vary depending on your computer system. It is your responsibility to comply with all applicable laws regarding the possession, use, and sale of any purchased product. We reserve the right to limit quantities, discontinue any product, impose conditions on promotions, bar users from making purchases, or refuse to provide any user with a product, with or without prior notice.
Payments and Billing
- Certain of our services may require payment either now or in the future. These are referred to as "Paid Services". Please be aware that any payment terms that are presented to you during the process of signing up for or using a Paid Service are considered to be a part of this Agreement.
- Some of our services have premium options that you can try for free. If you purchase any of our Offerings, you have six months to activate the free trial period. The free trial will expire if not activated within six months of your device activation. When the free trial period ends, you will be automatically enrolled as a monthly or annual member, unless you cancel the trial before the end date. The subscriptions are managed exclusively through the Apple App Store or Google Play Store.
- When you set up premium services, you can choose to pay monthly or annually. Your subscription will continue until you or we cancel it. Your paid subscription will automatically start on the first day after your trial period ends and will renew monthly or annually, depending on your selection. All subscriptions are managed exclusively through the Apple App Store or Google Play Store.
- If you use a credit card to pay for a Paid Service through our website, we will use a third-party payment processor (the "Payment Processor") to bill you through a payment account linked to your account on our Offerings (your "Billing Account"). The payment processing will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for any errors made by the Payment Processor.
- By choosing to use a Paid Service, you agree to pay us all charges through the Payment Processor in accordance with the applicable payment terms, and you authorize us to charge your chosen payment method. We reserve the right to correct any errors or mistakes in billing even if we have already requested or received payment.
- If you request a replacement product, you must return the original product to us within thirty (30) days of receiving the replacement product. If you fail to return the original product, we may charge your credit card for the then-current rate of the replacement product without further authorization from you.
- It is your responsibility to provide current, accurate, and complete information for your Billing Account. You must promptly update all information to keep your account up to date, including any changes in billing address, credit card number, or expiration date. You must also notify us or our payment processor promptly if your payment method is canceled or if you become aware of any potential security breaches involving your username or password. Failure to provide this information may result in continued charging for any Paid Service under your account unless you terminate the service as described above.
- We reserve the right to terminate your access to any part or all of our Offerings at any time and for any reason, with or without notice. This may result in the deletion of all information associated with your membership. Any fees paid are non-refundable. Certain provisions of these Terms of Service will survive termination, including licenses of User Content, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
- We don't have a special relationship with you, and we don't owe you any legal duties. You understand that we don't have to do anything about (i) who gets access to the Offerings, (ii) the Content you see on the Offerings, or (iii) how you interpret or use the Content.
- The Offerings and content are provided "as is" and without any express or implied warranties, including warranties of title, non-infringement, merchantability, or fitness for a particular purpose. We, along with our directors, employees, agents, partners, and content providers, make no guarantees that (i) the Offerings will be available or secure at any particular time or location, (ii) any defects or errors will be fixed, (iii) the content or software on the Offerings will be free of viruses or other harmful components, or (iv) the results of using the Offerings will meet your expectations. Your use of the Offerings is entirely at your own risk, and you agree that you don't rely on the services.
- This is not medical advice. The Offerings, Content, and products we sell or advertise on our Site are not intended to be used as medical devices or instruction.
- You are responsible for defending us, our affiliates, and our respective employees, contractors, directors, suppliers, and representatives from any liabilities, claims, and expenses (including attorney's fees) that arise from or relate to your use or misuse of the Offering, Content, or your User Content, violation of these Terms of Service, or infringement by you or anyone using your Account or identity in the Offerings of any intellectual property or another right of any person or entity.
- We, along with our directors, employees, agents, partners, suppliers, and content providers, are not liable to you for any lost profits, data loss, costs of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory, or consequential damages of any kind, regardless of how they arise, or for any bugs, viruses, Trojan horses, or similar things, regardless of the source of origination. Our total liability to you for any direct damages will not exceed the greater of (a) fees paid to us for the particular services during the immediately previous three (3) month period or (b) $500.00.
ARBITRATION CLAUSE & CLASS ACTION WAIVER - IMPORTANT - PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
- The agreement states that any disputes between you and us regarding your use of the Offerings, your relationship with us, and your rights of privacy or publicity will be resolved through individual arbitration. However, if you have violated or threatened to violate our intellectual property rights, we may seek appropriate relief in a court in New York. Note that discovery and appeal rights in arbitration are limited compared to those in a lawsuit, and certain rights may not be available in arbitration.
- You are only allowed to bring claims on your own behalf and cannot participate in a class action or class-wide arbitration for any claims covered by this arbitration agreement. This means that you are waiving your right to participate as a class representative or member in any class claims against us, including class arbitration or consolidation of individual arbitrations. Additionally, any claim or cause of action related to your use of the Offerings or these Terms of Service must be filed within one year of the claim or action arising, or it will be permanently barred.
We have the right to make changes to the Terms of Service or to the Offerings at any time, without notice or liability to you. We may notify you of any changes by posting a notice on the Site or by sending you a notice via email or another appropriate means of electronic communication. We may also limit certain features or restrict your access to parts or all of the Offerings. Although we will provide notice of any modifications, it is your responsibility to check these Terms of Service periodically for changes. If you continue to use the Offerings after we notify you of any changes to the Terms of Service, you are agreeing to those changes and they will apply to your continued use of the Offerings.
We encourage you to give us your suggestions, comments, and feedback on how we can improve our Offerings. You can submit your Feedback by sending an email to email@example.com. Please note that any Feedback you provide will become our property, and you are giving up your rights to it. This means that we will have all ownership and intellectual property rights to your Feedback, including patents, copyrights, trade secrets, and moral rights, among others. If we ask you to do so, you will need to sign documents and take other steps to help us acquire, perfect, and maintain our intellectual property rights and other legal protections for your Feedback, and we will cover any costs associated with doing so.
When you register or place an order with us, you agree to receive emails from us about your order. Moreover, by registering or placing an order, you also agree to receive promotional emails from us. If you don't want to receive such emails, you can unsubscribe from our mailing list by contacting us.
- Entire Agreement and Severability: These Terms of Service constitute the entire agreement between you and us regarding the Offerings and replace all previous or contemporaneous communications and proposals (whether spoken, written or electronic) between you and us about the Offerings. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary to keep these Terms of Service in full force and effect and enforceable. The failure of either party to enforce any right provided for herein shall not be considered a waiver of any further rights hereunder.
- Assignment: Neither party may assign, sublicense, delegate or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of the other party. However, either party may assign this Agreement to an entity merging with, consolidating with, or purchasing substantially all its assets or stock, without the consent of the other party, provided that the assignee assumes all rights and obligations under this Agreement. Any authorized assignment of this Agreement will be binding upon and enforceable by and against the successors and assigns of the parties, and any unauthorized assignment will be null and void and a breach of this Agreement.
- Agency: These Terms of Service do not create an agency, partnership, joint venture, or employment relationship between the parties, and neither party has the authority to bind the other in any way.
- No Waiver: Our failure to enforce any part of these Terms of Service does not waive our right to later enforce that or any other part of these Terms of Service. A waiver of compliance in any specific instance does not mean that we will waive compliance in the future. For any waiver of compliance with these Terms of Service to be binding, we must give you written notice of such waiver through one of our authorized representatives.
- Contact: You can contact us at firstname.lastname@example.org.