Terms of service

Last Updated: April 27, 2026

 

These Terms of Service and Sale (“Terms of Service” or “Terms”) govern your access to and use of the wurq.io website, together with its pages, features, and services provided through the website (the “Site”); WurQ’s mobile and desktop software applications, together with their functionality, features, and services (the “Apps”); WurQ’s sensors and other hardware devices, together with their functionality and features (the “Devices”); and any related services, subscriptions, features, content, support, or functionality we provide through or in connection with the Site, Apps, or Devices. We refer to the Site, Apps, Devices, and related offerings collectively as the “Services.”

 

In these Terms, “you” and “your” refer to the person accessing, purchasing, registering for, or using the Services and, where applicable, any person who accesses or uses the Services through your account, Device, or subscription.

 

Your acceptance of, and compliance with, these Terms is a condition to your purchase of Devices, use of Subscriptions, and access to or use of the Services. By checking a required box, clicking “I Agree,” “Create Account,” “Continue,” purchasing a Device or Subscription, logging into your account after being presented with updated terms, or otherwise taking an action indicating acceptance, you acknowledge that you have read, understand, and agree to these Terms and WurQ’s Privacy Policy.

 

If you do not agree to these Terms or the Privacy Policy, you may not purchase Devices or Subscriptions, you are not authorized to access or use the Services, and you must cease all use of the Devices and Services.

 

When creating an account or accepting updated terms, you may be asked to agree to language substantially similar to the following: “I agree to WurQ’s Terms of Service and Privacy Policy, including the collection and use of my sensor-derived motion and fitness data and feedback, in de-identified or aggregated form, to improve and train WurQ’s algorithms and related technologies.”

 

Consent to Electronic Communications

By creating a WurQ account and/or accessing and/or using the Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

 

Contact Us

Please direct any questions you may have about these Terms of Service or the Services to any one of the following:

  • By mail: WurQ, Inc., P.O. Box 390219, Cambridge, MA, 02139 with a subject line of “Terms of Service.”
  • By email: support@wurq.io, with a subject line of “Terms of Service.”

The foregoing contact information may change from time-to-time by supplementation, amendment, or modification of these Terms of Service.

 

Changes to Terms of Service

We may supplement, amend, or otherwise modify these Terms from time to time. If we make changes, the revised Terms will be posted on the Site, in the Apps, or through another appropriate location, and the “Last Updated” date will be revised.

 

If we make material changes to these Terms, we may notify you by email, through the Apps, through the Site, through your account, or by another reasonable method. Where required by applicable law, or where WurQ determines appropriate, we may require you to affirmatively accept the updated Terms before continuing to use the Services.

 

Your continued use of the Services after we post or provide notice of updated Terms means that you accept the updated Terms, except where applicable law requires, or where WurQ chooses to require, affirmative acceptance.

 

If you do not agree with any changes to these Terms, you should stop using the Services and may deactivate or delete your account.

 

Binding Arbitration; Waiver of Jury Trial; No Class Action

These Terms of Service provide that all disputes between you and WurQ that in any way relate to these Terms of Service or your use of the Services will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Service. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with WurQ.

 

1. Privacy Practices

Your use of the Services is subject to WurQ’s Privacy Policy, which is incorporated into these Terms by reference.

 

By agreeing to these Terms or using the Services, you also agree to the Privacy Policy. You acknowledge and agree that WurQ may collect and use motion data, workout data, exercise activity data, device data, sensor-derived motion and fitness data, and feedback as described in the Privacy Policy, including in de-identified or aggregated form, to develop, train, test, validate, maintain, and improve WurQ’s algorithms, models, products, services, and related technologies.

 

To the extent permitted by applicable law, you also agree that WurQ may use data collected before your acceptance of these updated Terms and the updated Privacy Policy, including motion data, workout data, exercise activity data, device data, sensor-derived motion and fitness data, and feedback, for the purposes described in these Terms and the Privacy Policy, including to develop, train, test, validate, maintain, and improve WurQ’s algorithms, models, products, services, and related technologies.

 

For existing users, WurQ may require affirmative acceptance of these updated Terms and the updated Privacy Policy before continued use of the Services.

 

2. Overview; Eligibility

Your purchase of a WurQ Device and subscription to the WurQ Services includes access to the WurQ App, which provides personalized training recommendations and insights. The Services also allow you to track, manage and share training related information collected by the WurQ Device. The Services are for personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by WurQ. Your WurQ Device is designed only as an aid to your weight lifting and exercise routine. IT IS NOT A MEDICAL DEVICE. It cannot tell you what level of weight lifting or exercise is safe for you, or whether you are exerting yourself beyond your safe limits. You are urged to consult with a medical professional prior to beginning a weight lifting or exercise routine. If you have a medical or heart condition, consult your doctor before using the Services or engaging in a weight lifting or exercise program. If you experience a medical emergency, stop using the Services and consult with a medical professional. We are not responsible for any health problems that may result from weight lifting or exercise programs or from consultations, products, or events you learn about through our Services. If you engage in any weight lifting or exercise program or use any consultations, products, or events you receive or learn about through our Services, you agree that you do so at your own risk and are voluntarily participating in these activities. Please see the additional disclaimers and limitations of liability in Sections 18 (No Medical Care or Advice by WurQ), 19 (Disclaimer of Warranties) and 20 (Release; Limitation of Liability) below

 

Exercise detection, performance metrics, motion analysis, recommendations, and other outputs generated by the Services may be incomplete, delayed, inaccurate, or not appropriate for your circumstances. You are responsible for reviewing and using information from the Services safely and appropriately.

 

WurQ may offer different Subscription plans, billing intervals, promotional offers, commitment periods, and pricing options. The specific price, billing frequency, commitment period, renewal terms, included features, return terms, and cancellation terms applicable to your purchase will be disclosed at checkout, in the applicable order form, in your account, or in another purchase flow.

 

Use of certain Services requires both a compatible WurQ Device and an active Subscription. If your Subscription ends, is canceled, expires, is suspended, or is not paid, some or all features of the Services may no longer be available, even if you still own a Device.

 

The Services are only for Users over the age of 16. If you are under the age of 16, please do not attempt to register with us or create an Account or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 16, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 16, please notify us in accordance with the process set forth in our Privacy Policy.

 

3. Content Provided through the Services

All information, files, documents, applications, software, text, audio, videos, photos, images, illustrations, graphics, visuals and other content and materials made available through or forming a part of the Services or otherwise provided by WurQ (collectively “Content”) is for general informational purposes only. The Content available through the Services may include training recommendations, and other media to help you meet your health, fitness, and wellness goals. You acknowledge and agree that WurQ is not a healthcare provider, personal trainer or fitness instructor and that the Services (including any recommendations and any information available through the Services that may appear to be personalized) may not be appropriate for you. None of the Content should be considered medical advice or an endorsement, representation or warranty that any recommendations are safe, appropriate, or effective for you. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. WurQ is not responsible for any results that may or may not be obtained from the use of the Service.

Content, recommendations, exercise detection results, performance insights, and other outputs generated through the Services are informational only and should not be relied on as medical, safety, training, or professional advice.

 

4. Registration; Payment; Subscriptions

4.1 Generally. When you create an account with WurQ, you may be able to purchase Devices, Subscriptions, or other products or services through the Site, Apps, Shopify-powered checkout, Stripe-powered checkout, or other purchase flows we make available. A “Subscription” means a paid recurring or time-based subscription plan that provides access to certain Services, features, functionality, content, support, or other offerings made available by WurQ.

 

You may need to register your Device with WurQ before you can use certain Services. Device registration may be required to link the Device to your account, activate Subscription features, receive support, access updates, and use available functionality.

 

You agree to pay all fees, charges, taxes, shipping charges, return shipping charges, restocking fees where applicable, and other amounts applicable to your purchase, Device, Subscription, account, or use of the Services, in accordance with the prices, billing terms, commitment terms, renewal terms, return terms, and other terms disclosed at checkout, in your account, in an order form, invoice, purchase confirmation, or other applicable purchase flow.

 

You agree to provide and maintain true, accurate, current, and complete account, billing, shipping, and payment information. You are responsible for promptly updating your information if it changes, including your billing address, shipping address, payment method, email address, phone number, or other account information.

 

If your payment method is canceled, suspended, expired, declined, disputed, subject to a chargeback, or otherwise unavailable, you must promptly update your payment information. Failure to maintain accurate account or payment information may result in delay, suspension, cancellation, or termination of your order, Subscription, account, or access to the Services.

 

WurQ may obtain authorization, preauthorization, or verification for a payment method before accepting or completing a transaction, processing a renewal, or providing access to certain paid Services. Any such authorization or preauthorization may temporarily affect your available balance or credit limit, depending on your payment provider.

 

Additional payment authorization, recurring billing, automatic renewal, cancellation, and nonpayment terms are described in the sections below.

 

4.2 Payment Processing; Payment Authorization; Payment Providers. By providing payment information or completing a purchase, you authorize WurQ and its third-party payment processors, commerce platforms, and related service providers to charge your selected payment method for all amounts due in connection with your purchase or Subscription, including Device charges, Subscription fees, recurring charges, taxes, shipping charges, return shipping charges, restocking fees where applicable, and any other amounts disclosed at checkout, in your account, in an order form, invoice, purchase confirmation, or other purchase flow.

 

You represent and warrant that:
(i) all payment, billing, shipping, and account information you provide is true, accurate, current, and complete;
(ii) you are authorized to use the payment method you provide;
(iii) charges incurred by you will be honored by your payment card issuer, bank, payment account provider, or other payment provider; and
(iv) you will pay all charges incurred by you, including applicable taxes and fees.

 

If your payment method cannot be verified, is invalid, is declined, has expired, is disputed, results in a chargeback, or is otherwise not acceptable, WurQ may suspend, delay, or cancel your order, Subscription, account, or access to the Services. You are responsible for resolving any payment issues and for keeping a valid payment method on file where required for your Subscription or other recurring charges.

 

WurQ uses third-party payment processors, commerce platforms, and related service providers, which may include Stripe, Shopify, and other providers, to process payments, manage checkout, process orders, administer Subscriptions, process refunds, help prevent fraud, and support related commerce functions. These providers may process your payment, billing, shipping, contact, order, and transaction information subject to their own terms, privacy policies, and security practices. WurQ does not store full payment card numbers.

 

References or links to Stripe, Shopify, or other third-party payment or commerce providers are provided for informational purposes only and are not incorporated into these Terms. WurQ does not control the independent privacy, security, payment-processing, or data-processing practices of these providers, and your use of their services may be subject to their own terms and policies.

 

4.3 Subscriptions; Commitment Periods; Renewal; Cancellation. WurQ may offer Subscriptions with different billing intervals, prices, features, commitment periods, promotional terms, and renewal terms. The specific terms applicable to your Subscription will be disclosed at checkout, in your account, in an order form, invoice, purchase confirmation, or other purchase flow.

 

Some Subscriptions may have no minimum commitment period. Other Subscriptions may require a minimum commitment period, such as six months or another period disclosed at checkout or in your order terms (a “Commitment Period”).

 

Automatic Renewal. Unless otherwise stated at checkout or in your order terms, Subscriptions automatically renew until canceled. The length of each renewal period, billing frequency, price, applicable taxes, and any Commitment Period will be disclosed before purchase.

 

BY PURCHASING A SUBSCRIPTION THAT AUTOMATICALLY RENEWS, YOU AUTHORIZE WURQ AND ITS THIRD-PARTY PAYMENT PROVIDERS TO CHARGE YOUR PAYMENT METHOD ON A RECURRING BASIS FOR SUBSCRIPTION FEES, TAXES, AND OTHER APPLICABLE CHARGES ACCORDING TO THE BILLING FREQUENCY, RENEWAL TERM, AND PRICE DISCLOSED AT CHECKOUT OR IN YOUR ORDER TERMS, UNLESS YOU CANCEL BEFORE THE APPLICABLE RENEWAL DATE.

 

If your Subscription has no Commitment Period, you may cancel your Subscription at any time, and cancellation will stop future renewal charges. Unless otherwise stated or required by law, you will continue to have access to the applicable Subscription features through the end of the then-current paid billing period, and Subscription fees already paid are non-refundable.

 

If your Subscription includes a Commitment Period, cancellation before the end of the Commitment Period will stop future renewals after the Commitment Period, but you remain responsible for all fees due for the Commitment Period, unless otherwise stated at checkout or required by law.

 

You may cancel your Subscription through your account settings, through the Apps or Site where available, or by contacting WurQ support at support@wurq.io. If you purchased through a third-party platform, marketplace, app store, commerce platform, or reseller, you may need to cancel through that provider.

 

WurQ may suspend or terminate your Subscription if payment is not received, if your payment method is invalid or declined, if you violate these Terms, or if we stop offering the applicable Service.

 

Order Terms. Additional terms disclosed at checkout, in your order confirmation, in an invoice, in an order form, in your account, or in another purchase flow may apply to your purchase, Subscription, Commitment Period, automatic renewal, cancellation, return, refund, promotional offer, shipping, taxes, duties, or other transaction-specific terms. If there is a conflict between these Terms of Service and the specific terms disclosed at checkout or in your order confirmation, the checkout or order terms will control with respect to that purchase, except where prohibited by applicable law.

 

4.4 Free Trials and Promotional Offers. From time to time, WurQ may offer free trials, discounted subscriptions, promotional pricing, bundles, or other offers. The specific terms of any trial or promotional offer, including the length of the trial or promotion, the price that applies after the trial or promotional period, billing frequency, cancellation deadline, and any Commitment Period, will be disclosed in the applicable offer or purchase flow.

 

Unless otherwise stated, if you do not cancel before the end of a free trial or promotional period, your payment method will be charged for the applicable Subscription according to the terms disclosed at checkout or in the offer. WurQ reserves the right to modify, limit, or terminate free trials and promotional offers at any time, subject to applicable law.

 

4.5 Amount Billed; Nonpayment. You acknowledge that the amount billed may vary due to the plan you select, promotional offers, commitment terms, taxes, shipping charges, payment-processing charges, or other charges disclosed at checkout or in your order terms.

 

If we do not receive payment in full when due, we may suspend or terminate your access to the Services, cancel or delay orders, or seek collection of amounts owed. You agree to pay all amounts due, plus any applicable interest, collection costs, chargeback fees, or other amounts permitted by law.

 

4.6 Prices. Prices for Devices, Subscriptions, shipping, taxes, and other charges will be disclosed at checkout or in the applicable purchase flow. WurQ may change prices, Subscription plans, features, and fees from time to time.

 

Price changes will not affect amounts already paid for your current billing period or Commitment Period. If we change the price of a renewing Subscription, we will provide notice where required by applicable law. If you do not agree to a price change, you may cancel your Subscription before the change takes effect, subject to any applicable Commitment Period disclosed at checkout or in your order terms.

 

4.7 Username; Password. If you become aware of any actual or suspected unauthorized access to your account, username, password, Device, or payment method, you should promptly change your password and notify WurQ. You are responsible for maintaining the confidentiality of your account credentials and for activities that occur under your account, except to the extent caused by WurQ’s negligence, misconduct, or obligations under applicable law.

 

5. Account; Access Credentials; Equipment; Security

You agree to fully, accurately, and truthfully create your WurQ Account (“Account”), including but not limited to your name, mailing address, phone number, email address, and password, which become your WurQ ID and credentials. You also agree to continually update such information as needed, in order to maintain its accuracy. You may not share or transfer your Account, or create more than one Account. You may terminate your account through functionality available in the Site or Apps, where available, or by contacting customer support at support@wurq.io.

 

The WurQ ID and/or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your WurQ ID and/or credentials, and for all activities that occur under such WurQ ID and/or credentials. You agree to prohibit anyone else from using your WurQ ID and/or credentials and agree to immediately notify WurQ of any actual or suspected unauthorized use of your WurQ ID and/or credentials or other security concerns of which you become aware. Your access to the Site or App may be revoked by WurQ at any time with or without cause. You are responsible for activity under your account, except to the extent caused by WurQ’s negligence, misconduct, or obligations under applicable law. You agree to notify WurQ promptly of any actual or suspected unauthorized access to your account. You agree and confirm that your use of the Services is for your own personal use only and that you are not using the Services on behalf of another person or organization unless specifically approved by WurQ or permitted through functionality made available by WurQ. We strongly recommend that you do not use the Site or the App on public or shared computers. We also recommend that you do not store your account credentials through your web browser or other software.

 

You are responsible for providing and maintaining, at your own risk and expense, appropriate telecommunications, software, hardware, and other capabilities consistent with any technical, quality, or other requirements described in the Services to enable your use of the Services. WurQ reserves the right to change the access configuration, including any software, hardware or other requirements of the Services, at any time without prior notice.

 

You are prohibited from violating or attempting to violate the security of the Site or App, including, without limitation, (a) accessing or logging onto a server or an account which you are not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or App or any portion thereof without authorization, in violation of these Terms of Service or in violation of applicable law. You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data or Content on the Site or App, deep-link to any feature or content on the Site or App, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site or App. Violations of system or network security may result in civil or criminal liability. WurQ will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or App or any activity being conducted on the Site or App.

 

6. Consent to Receive Electronic Communications; Consent to Receive Calls

When you use the Services, or send emails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically and you consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. WurQ may contact you by telephone, mail, or email to verify your Account information. WurQ may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of your Account and the Services until you provide the information to us as requested.

 

We offer you the chance to enroll to receive SMS/text messages from WurQ regarding account- related alerts, reminders, and messages. By enrolling in WurQ’s SMS/text messaging service, you agree to receive text messages from WurQ to your mobile phone number provided, and you certify that your mobile number provided is true and accurate and that you are authorized to enroll the designated mobile number to receive such text messages. You acknowledge and agree that the text messages may be sent using an automatic telephone dialing system and that standard message and data rates apply. Message frequency varies. To unsubscribe from text messages at any time, reply STOP to the text message you received. You consent that following such a request to unsubscribe, you may receive one final text message from WurQ confirming your request.

 

ATTENTION: Email and text messages are not secure methods of communication and we cannot ensure the security or confidentiality of messages sent by email and/or text message. Information, including wellness and physical fitness information, transmitted by email or text message is not encrypted and could be read by a third party. If you would prefer not to exchange sensitive information by email or text message, please notify us at support@wurq.io.

 

By providing your phone number, you agree that WurQ may contact you at that number for account, support, transactional, security, billing, subscription, and service-related purposes. Where required by law, WurQ will obtain your consent before sending marketing text messages or making marketing calls. You can opt out of receiving further non-essential calls from us by emailing us at support@wurq.io with the subject line “OPT OUT” and your telephone number. Please note that by withdrawing consent, certain features and functionality of the Services may no longer be available to you.

 

7. Mobile App and App Store Terms

We grant you the rights to use the Apps as provided in Section 9 below subject to the restrictions set forth in Section 9. Further, to use our Apps you must have a mobile device that is compatible with the Apps. WurQ does not provide you with equipment to use the Apps and does not warrant that the Apps will be compatible with your mobile device. You may use mobile data in connection with the Apps and may incur additional charges from your wireless provider for these services. You are responsible for complying with any third-party terms of service and paying all fees charged by third parties to access and use the Apps, including, without limitation, the payment of all applicable fees associated with any carrier service plan you use in connection with your use of the Apps (such as data, SMS, MMS, roaming, and other applicable fees charged by the carrier). You agree that you are solely responsible for any such charges. You acknowledge that WurQ may from time to time issue upgraded versions of the Apps, and may automatically electronically upgrade the version of the Apps that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms of Service will apply to all such upgrades. Any third-party code that may be incorporated in the Apps is covered by the applicable open source or third-party license, if any, authorizing use of such code. The Apps originate in the United States, and are subject to, and you agree to comply with, United States export laws and regulations. The Apps may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Apps may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Apps.

 

Apps Provided Through the Apple App Store. The following applies to any App you acquire from the Apple App Store (“App Store-Sourced App”): You acknowledge and agree that these Terms of Service are solely between you and WurQ, not Apple, and that Apple has no responsibility for the App Store-Sourced App or content thereof. Your use of the App Store-Sourced App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced App. In the event of any failure of the App Store-Sourced App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Service and any law applicable to WurQ as provider of the App.



You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App Store-Sourced App or your possession and/or use of the App Store-Sourced App, including, but not limited to: (a) product liability claims; (b) any claim that the App Store-Sourced App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms of Service and any law applicable to WurQ as provider of the software. You acknowledge that, in the event of any third-party claim that the App Store-Sourced App or your possession and use of that App Store-Sourced App infringes that third-party’s intellectual property rights, WurQ, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service. You and WurQ acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries to these Terms of Service as relates to your license of the App Store-Sourced App, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as they relate to your license of the App Store-Sourced App against you as a third- party beneficiary thereof.

 

Apps Provided Through the Google Play Store. The following applies to any Apps you acquire from the Google Play Store (“Google-Sourced App”): (a) you acknowledge that these Terms of Service are between you and WurQ only, and not with Google, Inc. ( “Google”); (b) your use of Google-Sourced App must comply with Google’s then-current Google Play Store Terms of Service; (c) Google is only a provider of the Google Play Store where you obtained the Google-Sourced App; (d) WurQ, and not Google, is solely responsible for its Google-Sourced App; (e) Google has no obligation or liability to you with respect to Google-Sourced App or these Terms of Service; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms of Service as it relates to the Google-Sourced App.

 

8. Customer Support

All questions and requests relating to support for the Services should be directed to WurQ. You may submit a support request by emailing us at support@wurq.io or, where available, through in-app chat, messaging, or support functionality within the Apps or Services.

 

In-app chat and messaging support may operate asynchronously. If you submit a support request through in-app chat or messaging, WurQ may respond later, and you may receive an in-app message, push notification, email, or other notification when customer support replies, depending on your account settings, device settings, and notification preferences.

 

WurQ will use commercially reasonable efforts to respond to questions and provide support during business hours, which are generally Monday through Friday, 9:00 AM to 5:00 PM Eastern Time, excluding holidays or other periods when support is unavailable. WurQ does not guarantee any particular response time, availability, or resolution.

 

Support channels are not intended for emergencies, medical issues, urgent safety matters, or time-sensitive health or fitness decisions.

 

We may change, suspend, or remove support channels, functionality, and other features of the Services from time to time. You agree to refrain from abusive, unlawful, threatening, harassing, or inappropriate language or behavior when communicating with WurQ personnel.

 

9. Ownership of the Services; Right to Use Services & Restrictions on Use of Services; Feedback

WurQ and its licensors and suppliers, as applicable, retain all right, title, and interest in and to the Services and Content and all of WurQ’s trademarks, tradenames, logos, and branding, and all derivative works thereof, and any patent, copyright, trade secret, trademark, service mark, and other intellectual property, or proprietary rights in any of the foregoing (the “WurQ IP”), and WurQ and its licensors and suppliers, as applicable, reserve all rights in the WurQ IP not expressly granted herein. Nothing contained should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Services without the written grant thereof by WurQ or the third party owner of such trademarks, service marks, and/or logos. The Services may contain other proprietary notices and copyright information, the terms of which you agree to follow.

 

As between you and WurQ, you do not transfer ownership of your personal information to WurQ. However, you grant WurQ the right to collect, use, process, store, retain, de-identify, aggregate, analyze, and otherwise use motion data, workout data, exercise activity data, sensor-derived motion and fitness data, device data, User Content, and Feedback as described in these Terms and the Privacy Policy. WurQ owns all de-identified data, aggregated data, datasets, analytics, algorithms, models, model outputs, exercise detection systems, performance insights, improvements, derivative works, inventions, discoveries, know-how, and related technologies developed, created, trained, improved, or derived by WurQ in connection with the Services, except to the extent prohibited by applicable law.

 

Subject to these Terms of Service and the payment of all applicable fees, WurQ grants you a revocable, non-transferable (except as provided below), personal, nonexclusive license to (i) access and use the Site and Apps as hosted by WurQ or its third party hosting providers and to use the Content made available through the Site and Apps for your own personal use in connection with using the Devices and solely in accordance with the features made available to you and (ii) install and use a compiled code copy of the Apps on mobile devices and/or computers owned or leased solely by you for your own personal use in connection with using the Services and solely in accordance with the features of the Apps made available to you. The foregoing license grant is not a sale of the Site, Apps or Content or any copy thereof.

 

You may not: (a) modify, disassemble, decompile or reverse engineer the Apps or Devices, except to the extent that such restriction is expressly prohibited by law; (b) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party; (c) make any copies of the App; (d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (e) delete the copyright and other proprietary rights notices on the App or Devices.

 

You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate the Site, Apps or Content to anyone or otherwise exploit the Services for any commercial purpose. You agree not to (i) access or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (a) a message under a false name, or (b) User Content which is (1) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (2) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Services; (v) use robots or scripts or frame or utilize framing techniques to enclose, or deep link to, the Site, Apps or any Content; (vi) attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by the Site or Apps; (vii) incorrectly identify the sender of any message transmitted to WurQ. You may not alter the attribution or origin of electronic mail, messages, or posting; (viii) harvest or collect information about any other individual who uses the Services; (ix) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.

 

If you provide feedback, suggestions, corrections, labels, ideas, reviews, comments, or other input regarding the Services, including feedback about exercise detection, workout classification, performance insights, or product functionality (“Feedback”), you grant WurQ a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use, reproduce, modify, create derivative works from, distribute, display, perform, commercialize, and otherwise exploit the Feedback for any purpose, including to improve, train, test, validate, maintain, and develop WurQ’s algorithms, models, products, services, and related technologies, without obligation to you.

 

WurQ will not publish your name or other identifying information in connection with a testimonial unless you have given us permission. WurQ may republish publicly available reviews, comments, or testimonials about WurQ or the Services.

 

10. Changes to the Services

All of our Services are subject to availability, and we reserve the right to discontinue offering some or all of the Services without prior notice.

 

The availability and operation of the Services depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Services reliability and accessibility, you understand and agree that no technology can be 100% reliable and accessible and so we cannot guarantee that the Services will be uninterrupted, accessible, consistent, timely or error-free at all times.

 

WurQ reserves complete and sole discretion with respect to the operation of the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Services at any time without notice among other things. We reserve the right, in our sole discretion, to deny or suspend use of the Services to anyone for any reason.  We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from your use of the Services. We reserve the right to maintain, delete, or destroy all communications or information processed by or posted or uploaded to the Services in accordance with our internal record retention and/or destruction policies. WurQ may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity. We will have no liability whatsoever on account of any change to the Services or any suspension or termination of your access to or use of the Services or the deletion or removal of any Content or information made available through the Services or processed by the Services.

 

Any deletion, retention, or use of information associated with your account or use of the Services will be handled in accordance with these Terms and the Privacy Policy.

 

11. Accuracy of Information

Although WurQ attempts to ensure the integrity and accuracy of the Content made available through the Service, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Content. It is possible that the Content could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Content by third parties. In the event that an inaccuracy arises, please inform WurQ so that it can be corrected. Content contained on the Site or Apps may be changed or updated at any time without notice. Additionally, WurQ shall have no responsibility or liability for information or Content posted by any third party.

 

12. Third Party Content; Links to Other Sites

The Services may contain other content, products or services which are offered or provided by third parties ("Third Party Content"), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. We have no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third Party Content.

 

WurQ makes no representations whatsoever about any other website that you may access through the Services. When you access a non-WurQ site, please understand that it is independent from WurQ, and that WurQ has no control over the content on that website. In addition, a link to a non-WurQ website does not mean that WurQ endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to the Services, you do this entirely at your own risk. You acknowledge and agree that the WurQ Terms of Service and Privacy Policy do not apply to third party sites. You will need to review the terms of service and privacy policy of the third party site and your use of the third party site will be subject to the terms and conditions imposed by the third party operating the third party site.

 

13. Additional Terms

Your use of the Services is subject to all additional terms, policies, rules, or guidelines applicable to the Services, or any component thereof, that we may post on or link to from the Site or Apps or otherwise provide to you (the “Additional Terms”), such as end-user license agreements for any downloadable software applications, or rules that are applicable to a particular feature or function of the Services, a particular Service, or Content made available through the Services. All Additional Terms are incorporated by this reference into, and made a part of, these Terms of Service.

 

14. User Content

Certain features of the Services may permit you or other users to submit, upload, post, transmit, store, display, or share information, materials, messages, documents, files, photos, videos, images, workout information, fitness information, motion data, exercise data, feedback, corrections, labels, or other content through the Services (“User Content”).

 

You retain any rights you may have in your User Content. However, by submitting, uploading, posting, transmitting, storing, displaying, or sharing User Content through the Services, you grant WurQ a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable license to use, host, store, reproduce, modify, format, adapt, display, perform, transmit, distribute, and otherwise process your User Content as reasonably necessary to provide, operate, support, secure, maintain, and improve the Services; provide customer support; comply with law; enforce these Terms; and as otherwise described in the Privacy Policy or authorized by you.

 

You also grant WurQ the right to use User Content, feedback, corrections, labels, motion data, workout data, exercise activity data, and related information in de-identified or aggregated form to develop, train, test, validate, maintain, and improve WurQ’s algorithms, models, exercise detection systems, performance insights, products, services, and related technologies, as described in the Privacy Policy.

 

If you choose to share User Content with other users or make User Content available through features of the Services, you grant those users a non-exclusive right to access, view, use, display, and interact with that User Content as permitted by the functionality of the Services and your account settings.

 

We may maintain copies of User Content for backup, security, support, maintenance, legal, compliance, dispute-resolution, or recordkeeping purposes, subject to these Terms and the Privacy Policy.

 

WurQ will not use your User Content except as described in these Terms, the Privacy Policy, the functionality of the Services, or as otherwise authorized by you.

 

You are solely responsible for your User Content and you represent and warrant that you have the necessary licenses, rights, consents, and permissions, to use and to authorize WurQ to use the User Content to provide you with the Services and as otherwise consented to or directed by you and you represent and warrant that you have the express specific, informed and unambiguous consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms of Service. You agree not to provide any User Content that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, (3) contains or transmits a virus or any other harmful component, (4) impersonates another person or (5) includes advertising or solicitations. You agree not to contact other users of the Services through unsolicited e-mail, telephone calls, mailings or any other method of communication.

 

WurQ is under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. WurQ may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms of Service or is otherwise objectionable. We may also terminate your access to the Services if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the Services more than twice. We also reserve the right to decide whether Content or User Content is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, Content or User content that is of excessive length, unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate. We may remove such User Content and/or terminate your access for uploading such material in violation of this Agreement at any time, without prior notice and at our sole discretion.

 

Subject to applicable law, we reserve the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Services pursuant to our internal record retention and/or content destruction policies. After such termination, we will have no further obligation to provide you with access to the Services or your User Content.

 

If your use of the Services is connected to or managed by a coach, team, gym, fitness facility, organizing body, employer, or other organization with which you are affiliated (“Managing Entity”), certain account, workout, performance, usage, or User Content information may be shared with that Managing Entity as described at the time your account is connected to that Managing Entity, as permitted by your account settings, your agreement with that Managing Entity, these Terms, or the Privacy Policy. You acknowledge that WurQ is not responsible for the privacy, security, or data-use practices of any Managing Entity that we do not own or control.

 

You agree to indemnify, and hold harmless WurQ from and against all claims, demands, suits, proceedings, actions, damages, settlements, costs, expenses, fines, penalties and all other liabilities (including without limitation reasonable attorneys’ fees and court costs) brought against or incurred by WurQ or its affiliates or their respective directors, officers, employees, managers, members, consultants, contractors, advisors and agents arising out of any User Content you upload to or transmit through the Services.

 

We expressly disclaim any and all liability in connection with User Content.

 

15. Motion Data, Feedback, and Algorithm Improvement

You acknowledge that the Services collect and process motion data, workout data, exercise activity data, sensor-derived motion and fitness data, device data, and feedback in connection with your use of the Services.

 

You agree that WurQ may use such data and feedback, including in de-identified or aggregated form, to develop, train, test, validate, maintain, and improve WurQ’s algorithms, models, exercise detection systems, performance insights, products, services, and related technologies, as described in the Privacy Policy.

 

To the extent permitted by applicable law, you also agree that WurQ may use data collected before your acceptance of these updated Terms and the updated Privacy Policy, including motion data, workout data, exercise activity data, sensor-derived motion and fitness data, device data, and feedback, for the purposes described in these Terms and the Privacy Policy.

 

WurQ does not use motion data to identify individual users. Ownership of de-identified data, aggregated data, datasets, analytics, model outputs, improvements, and related technologies is addressed in Section 9.

 

16. Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our Site or available through the Apps. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

 

WurQ respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to WurQ’s Designated Copyright Agent, identified below.

 

Notices of Alleged Infringement for Content Made Available on the Site or through the Apps:

 

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site or Apps by sending us a notice ("Notice") complying with the following requirements.

 

  1. Identify the copyrighted works that you claim have been infringed.
  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)." "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
  5. Provide your full legal name and your electronic or physical signature.

 

Deliver this Notice, with all items completed, to our Copyright Agent:

WurQ, Inc.
Attn: Copyright Agent
P.O. Box 390219
Cambridge, MA 02139
Email: support@wurq.io

 

17. CAN-SPAM Act and TCPA

WurQ is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM ACT”) and the Telephone Consumer Protection Act (“TCPA”). You consent to receive text messages from us as set forth in Section 6, above (“Consent to Receive Calls and Text Messages”). Emails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM ACT and the TCPA. In the event you receive an email or text message from us which you do not believe is fully compliant with the CAN-SPAM ACT or the TCPA, please contact us immediately at the address listed above under the section “How to Contact Us.”

 

18. No Medical Care or Advice by WurQ

WurQ does not provide medical advice or care. WurQ’s exercise detection, motion analysis, performance insights, recommendations, and other outputs are not medical advice, safety advice, or professional training advice and may be inaccurate, incomplete, delayed, or unsuitable for your circumstances. WURQ PROVIDES THE SERVICES FOR YOU TO TRACK, MANAGE, AND SHARE YOUR WEIGHT LIFTING, EXERCISE AND FITNESS-RELATED INFORMATION. THE SERVICES AND ANY RESULTS OR CONTENT DISPLAYED VIA THE SERVICES, WHETHER PROVIDED BY WURQ OR THIRD PARTIES, DO NOT PROVIDE MEDICAL ADVICE AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR (I) ADVICE FROM YOUR DOCTOR OR OTHER MEDICAL PROFESSIONALS, OR ANY DIAGNOSIS OR TREATMENT OR (II) A VISIT, CALL OR CONSULTATION WITH YOUR DOCTOR OR OTHER MEDICAL PROFESSIONALS. THE SERVICES DO NOT AND ARE NOT INTENDED TO TREAT OR PREVENT ANY MEDICAL CONDITION. ALL CONTENT AVAILABLE THROUGH THE SERVICES IS FOR GENERAL INFORMATIONAL PURPOSES ONLY. USE OF THE SERVICES, OR COMMUNICATION WITH US VIA THE INTERNET, E-MAIL OR OTHER MEANS, DOES NOT CREATE ANY DOCTOR-PATIENT RELATIONSHIP. IF YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR DOCTOR OR OTHER HEALTHCARE PROVIDER. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. YOU SHOULD ALWAYS CONSULT A QUALIFIED AND LICENSED MEDICAL PROFESSIONAL PRIOR TO BEGINNING OR MODIFYING ANY DIET, EXERCISE, CONSULTATIONS, OR TRAINING PROGRAM. YOU AGREE THAT YOUR WEIGHT LIFTING, EXERCISE AND FITNESS-RELATED ACTIVITIES CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF BODILY INJURY, DEATH AND/OR PROPERTY DAMAGE, AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES.

 

19. Disclaimer of Warranties

EXCEPT FOR THE LIMITED HARDWARE WARRANTY FOR DEVICES SET FORTH IN SECTION 27 BELOW AND ANY NON-WAIVABLE RIGHTS REQUIRED BY APPLICABLE LAW, THE DEVICES, SITE, APPS, SERVICES, AND CONTENT ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WURQ DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT, COURSE OF DEALING OR USAGE OF TRADE. WURQ DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. WURQ DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND LINKED WEBSITES. WURQ DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR ANY CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING WURQ OR THE SERVICES.

 

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED BY LAW.

 

20. Release; Limitation of Liability

YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE SERVICES AND/OR ANY CONTENT OR INFORMATION ACCESSIBLE THROUGH THE SERVICES.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: WURQ IS NOT RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, COST TO PROCURE SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES OR ANY CONTENT OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE REASONABLY FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS IS TO STOP USING THE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF WURQ TO YOU WITH RESPECT TO YOUR USE OF THE SERVICES, CONTENT, LINKED WEBSITES, DEVICES, OR SUBSCRIPTIONS IS LIMITED TO THE GREATER OF (X) ONE HUNDRED DOLLARS ($100) AND (Y) THE AMOUNTS YOU PAID TO WURQ FOR THE DEVICE, SUBSCRIPTION, OR SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THE FIRST CAUSE OF ACTION AROSE.

 

YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. TO THE EXTENT THAT WE MAY NOT LIMIT OUR LIABILITIES, THE EXTENT OF SUCH LIABILITIES WILL BE THE MINIMUM PERMITTED BY LAW.

 

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.

 

EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

California Civil Code Section 1542 Waiver. IF YOU ARE A CALIFORNIA RESIDENT, YOU ACKNOWLEDGE AND AGREE THAT THE RELEASE ABOVE APPLIES TO ALL CLAIMS DESCRIBED IN THIS SECTION, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED. YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

 

21. Indemnification

You agree to indemnify and hold harmless WurQ and its affiliates and their respective directors, officers, employees, managers, members, consultants, contractors, advisors and agents from and against any and all claims, demands, suits, causes of action, proceedings, losses, liabilities, damages, settlements, fees, costs, expenses and all other liabilities (including without limitation reasonable attorneys’ fees, expert witness fees and court costs) of any kind whatsoever arising directly or indirectly out of or in connection with: (a) your access to, use of, or alleged use of, the Services or Content and any actions taken through your Account; (b) your violation of any portion of these Terms of Service, any representation, warranty, or agreement referenced in these Terms of Service or any applicable law, rule or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim. This indemnity is in addition to the other indemnities you provide us elsewhere in these Terms of Service.

 

22. No Liability for Select Third Parties

Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store, marketplace, or similar service through which you obtain the Services, and their respective affiliates, suppliers, and licensors (collectively, the “Select Third Parties”) are not parties to these Terms of Service and they do not own and are not responsible for the Services. WurQ, and not any Select Third Party, is responsible for addressing any claims raised by you or any third party regarding the Services or your use or possession thereof, including claims related to product liability, legal, or regulatory requirements, and consumer protection or similar legislation. You are responsible for complying with all application store and other applicable Select Third Parties’ terms and conditions. YOU AGREE (I) THE SELECT THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (II) IN NO EVENT WILL THE SELECT THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT OR THE SERVICES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (III) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY SELECT THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL NOT EXCEED FIVE DOLLARS ($5.00); AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE SELECT THIRD PARTIES ARISING OUT OF THE SITE AND THESE TERMS OF SERVICE. THE THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THESE TERMS OF SERVICE, AND ARE CAPABLE OF DIRECTLY ENFORCING ITS TERMS. NOTHING CONTAINED IN THESE TERMS OF SERVICE WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE SELECT THIRD PARTIES WITH REGARD TO THEIR SUBJECT MATTER. In the event of any claim that the Services or your use thereof infringes a third party’s intellectual property rights, the Select Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.

 

23. Dispute Resolution; Arbitration Agreement

23.1 Generally; Waiver of Jury Trial; Waiver of Class Action. You and WurQ agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Service or your use of the Services, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and WurQ are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Service and any other contractual relationship between you and WurQ. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF SERVICE, YOU AND WURQ ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

23.2 Notice of a Claim. If you desire to assert a claim against WurQ, and you therefore elect to seek arbitration, you must first send to WurQ, by certified mail (return receipt requested) or overnight courier (signature required), a written notice of the claim ("Notice"). The Notice to WurQ should be addressed to the address below ("Notice Address"): WurQ, Inc., P.O. Box 390219, Cambridge, MA, 02139. If WurQ desires to assert a claim against you and therefore elects to seek arbitration, it will send, by email or by certified mail (return receipt requested) or overnight courier (signature required), a written Notice to the most recent email address or mailing address we have on file, or otherwise in our records, for you.

 

A Notice, whether sent by you or by WurQ, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If WurQ and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or WurQ may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by WurQ or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after WurQ receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000, in which case the payment of any fees will be decided by the AAA Rules.

 

23.3 AAA Rules; Fees; Process. The arbitration will be governed by the Federal Arbitration Act and, to the extent applicable and not inconsistent with the Federal Arbitration Act, the laws of the Commonwealth of Massachusetts. The arbitration will be administered by the American Arbitration Association (“AAA”) under its then-current Consumer Arbitration Rules and Mediation Procedures, as modified by these Terms of Service (collectively, the “AAA Rules”). The AAA Rules and forms are available from the AAA. The arbitrator is bound by the terms of these Terms of Service. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Service, including this arbitration agreement.

 

Any arbitration hearing will take place at a location to be agreed upon in Massachusetts, unless the parties agree otherwise or the AAA Rules permit the arbitration to be conducted by telephone, video conference, written submissions, or another method or location. If the claim is for ten thousand U.S. Dollars (USD $10,000) or less, the party bringing the claim may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a nonappearance-based telephone or video hearing, or by an in-person hearing, as permitted by the AAA Rules.

 

Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of WurQ’s last written settlement offer made before an arbitrator was selected (or if WurQ did not make a settlement offer before an arbitrator was selected), then WurQ will pay you the amount of the award or US $1,000, whichever is greater.

 

Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse WurQ for all monies previously disbursed by WurQ that are otherwise your obligation to pay under the AAA Rules. 

 

23.4 No Class Actions; Consolidation of Claims. YOU AND WURQ AGREE THAT EACH OF YOU AND WURQ MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and WurQ agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

 

23.5 Exceptions. Despite the provisions of Section 23.4, You and WurQ both agree that nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either of us to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

 

23.6 Modifications to this Provision. If WurQ makes any future change to this arbitration provision (other than a change to WurQ’s address for Notice), you may reject the change by sending us written notice within 30 days of the change to WurQ’s address for Notice, in which case your account with WurQ will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.

 

23.7 Enforceability; Savings Clause. If the class action provision above is found to be unenforceable or if the entirety of this Section 23 is found to be unenforceable, then the entirety of this Section 23 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 24 will govern any action arising out of or related to these Terms of Service.

 

24. Governing Law; Jurisdiction

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement above. If a lawsuit or court proceeding is permitted under these Terms, you and WurQ agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in Massachusetts, unless applicable law requires otherwise. The parties disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.

 

25. General

You may not assign, transfer, or delegate the Terms of Service or any part thereof without WurQ’s prior written consent. WurQ may freely transfer, assign, or delegate all or any part of the Terms of Service, and any rights or duties hereunder or thereunder. Any successor, assignee, or acquirer of WurQ may exercise WurQ’s rights under these Terms, including rights related to User Content, Feedback, motion data, de-identified data, aggregated data, datasets, analytics, algorithms, models, model outputs, improvements, derivative works, and related technologies, subject to the Privacy Policy and applicable law. The Terms of Service will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties. 

 

We will not be deemed to be in breach of these Terms of Service or liable for any breach of these Terms of Service or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, pandemics, epidemics, earthquakes or floods, civil disorder, strikes, fire or other disaster, failures of any public networks, electrical shortages, utility provider failures, or failures of suppliers or third party service providers.

 

WurQ reserves the right, in its sole discretion, to terminate your access to all or part of the Services, with or without cause, and with or without notice.

 

In the event that any of the Terms of Service are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect.  Use of section headers in these Terms of Service is for convenience only and will not have any impact on the interpretation of any provision.  The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms of Service, or any provision of these Terms of Service, be a waiver of any subsequent breach or default or a waiver of the provision itself.

 

These Terms of Service constitute the entire agreement between WurQ and you pertaining to the subject matter hereof and supersede and replace all prior and contemporaneous agreements between you and WurQ with respect to the Services. Certain provisions of these Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages within this Site. Upon termination of these Terms of Service, any provision that by its nature or express terms should survive, will survive.

 

Unless expressly stated in the Terms of Service to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you and WurQ and its affiliates and nothing in the Terms of Service is intended to relieve or discharge the obligation or liability of any third persons to you or WurQ or its affiliates, nor shall any provision give any third parties any right of subrogation or action over against you or WurQ or its affiliates.

 

The Site and Apps are Copyright ©2022-2026 WurQ, Inc., all rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

 

Sections relating to ownership, feedback, motion data and algorithm improvement, payments owed, disclaimers, limitation of liability, release, indemnification, dispute resolution, governing law, and any other provisions that by their nature should survive will survive termination of these Terms.

 

26. Terms of Sale

WurQ Devices are not for resale. We sell and ship Devices 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.

 

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. We reserve the right to change prices for Devices, Subscriptions, shipping, taxes, and other charges from time to time. Price changes will not affect amounts already paid for your current billing period or Commitment Period. For renewing Subscriptions, we will provide notice of material price changes where required by applicable law.

 

Some Services require both a compatible WurQ Device and an active Subscription. Purchase of a Device does not guarantee continued access to Subscription-based Services after your Subscription ends, expires, is canceled, is suspended, or is not paid.

 

International Orders; Customs; Import Taxes and Duties. If you purchase a Device for shipment outside the United States, you are solely responsible for determining whether the Device may be lawfully imported into your destination country and for complying with all applicable import, customs, tax, regulatory, and product-use requirements. Unless expressly stated otherwise at checkout, prices shown by WurQ do not include import duties, customs duties, VAT, GST, brokerage fees, customs clearance charges, import taxes, destination-country taxes, carrier collection fees, or other governmental or carrier-imposed charges that may apply to international shipments. These charges vary by country and may not be known or calculable by WurQ at checkout. You are solely responsible for paying all such duties, taxes, fees, charges, and costs associated with importing the Device into your destination country. WurQ is not responsible for estimating, collecting, paying, reimbursing, or refunding any such amounts unless expressly stated at checkout or required by applicable law. International shipments may be delayed, held, inspected, rejected, returned, or assessed additional charges by customs authorities or carriers. WurQ is not responsible for delays, holds, non-delivery, return, seizure, additional charges, or other issues caused by customs authorities, carrier procedures, import restrictions, your failure to pay required duties, taxes, or fees, or your failure to provide required information or documentation. If a shipment is held at customs, made available for customs clearance, or made available for pickup or delivery by the carrier in the destination country, WurQ’s shipping obligation will be deemed satisfied to the fullest extent permitted by applicable law. Refusal or failure to pay import duties, taxes, customs charges, brokerage fees, or related amounts will not be treated as a failure by WurQ to deliver the Device and will not, by itself, entitle you to a refund.

 

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 Device or a Subscription.

 

The actual delivery of your order can be impacted by events beyond our control, including carrier delays, customs processing, import restrictions, payment of duties or taxes, incorrect shipping information, and other circumstances. WurQ is not liable for late deliveries or delivery issues caused by carriers, customs authorities, your failure to pay required import charges, or your failure to provide required information or documentation.

 

To the fullest extent permitted by applicable law, title to Devices passes to you when the Device is delivered to the carrier for shipment. For international shipments, risk of loss, delay, customs hold, failed delivery, or additional charges related to customs or import processing passes to you when the shipment is delivered to the carrier, reaches the destination country, is presented to customs, or is otherwise made available for customs clearance, pickup, or delivery by the carrier.

 

If you purchase a Device from an authorized WurQ reseller, the point of purchase or your order confirmation will include the appropriate contact information for any issues relating to your order. WurQ and its affiliates are express third-party beneficiaries of these Terms of Service in cases where these Terms of Service are between you and the appointed reseller.

 

We reserve the right to add or remove products and services from our online store 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.

 

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 or services available through our online store. 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.

  

You are solely responsible for determining the compatibility of the products and services 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 Hardware Warranty.

 

To the extent the Devices or Subscriptions ordered by you contain, consist of, or make available WurQ software or firmware in any form, such software and firmware is licensed to you and not sold, in accordance with the licenses provided in these Terms.

 

27. Warranty and Return Policy for Devices

14-Day Hardware Return Policy

If you purchased a WurQ Device directly from WurQ, you may request a return within fourteen (14) days after you receive the Device, subject to this section and any additional return terms disclosed at checkout or in your order confirmation.

 

To request a return, you must contact WurQ Support at support@wurq.io and follow the return instructions we provide. You may be required to obtain a return authorization number and include it with your return.

 

Unless otherwise stated at checkout or required by law, you are responsible for all return shipping costs. WurQ may, in its discretion, provide a return shipping label for certain domestic returns, and any applicable return shipping costs may be deducted from your refund.

 

International Returns. For returns shipped from outside the United States, WurQ does not provide return shipping labels and does not arrange return shipping. You are solely responsible for arranging and paying for the return shipment, including all shipping costs, carrier fees, customs documentation, duties, import/export charges, taxes, brokerage fees, insurance, and any other costs associated with returning the Device to WurQ. WurQ is not responsible for delays, loss, damage, customs holds, failed delivery, or additional charges associated with international returns. A returned Device will not be considered received by WurQ until it is actually delivered to WurQ at the return address we provide. WurQ will not reimburse duties, import taxes, VAT, GST, customs charges, brokerage fees, carrier collection fees, or similar amounts paid or payable in connection with an international purchase or return, unless expressly required by applicable law.

 

To be eligible for a refund, the Device must be returned within the timeframe and in the condition required by WurQ’s return instructions. WurQ may refuse a return or reduce the refund if the Device is not returned on time, is missing required components, is damaged, is not in acceptable condition, or is not actually received by WurQ, except as prohibited by applicable law.

 

If your return is approved, WurQ will refund the hardware purchase price paid directly to WurQ, less any applicable shipping, handling, return shipping, restocking, customs, duty, tax, brokerage, or other non-refundable charges disclosed at purchase or incurred in connection with the return, unless otherwise required by law.

 

If your Device purchase was bundled with a Subscription and your return is approved within the 14-day return period, WurQ will also cancel the associated Subscription and refund Subscription fees paid for the initial billing period, unless otherwise stated at checkout or required by law.

 

For purchases made from an authorized reseller, third-party retailer, marketplace, commerce platform, or other third party, you must follow that provider’s return and refund policy. WurQ will not issue refunds for purchases made from third parties unless expressly stated by WurQ.

 

After the 14-day return period, returns and refunds are not available except as expressly provided in these Terms, in WurQ’s written return instructions, under the Limited Hardware Warranty, or as required by applicable law.

 

Once a Device is returned, WurQ may refurbish, resell, recycle, dispose of, or otherwise use the returned Device in its discretion, subject to applicable law.

 

Limited Hardware Warranty

WurQ warrants that WurQ Devices purchased directly from WurQ or from an authorized WurQ reseller will be free from defects in materials and workmanship under normal use for ninety (90) days from the date the Device is delivered to you, unless a longer period is required by applicable law.

 

This limited hardware warranty applies only to the original purchaser and is not transferable.

 

If your Device has a defect covered by this limited hardware warranty during the warranty period, WurQ may, in its discretion, repair the Device, replace the Device with a new or refurbished Device, or provide another remedy required by applicable law.

 

To request warranty service, you must contact WurQ Support at support@wurq.io and follow the instructions we provide. You may be required to provide proof of purchase, a description of the issue, photos or videos of the Device, diagnostic information, and any other information reasonably requested by WurQ.

 

This limited hardware warranty does not cover: lost or stolen Devices; normal wear and tear; cosmetic damage; damage caused by accident, misuse, abuse, neglect, improper storage, improper maintenance, unauthorized modification, unauthorized repair, use contrary to WurQ instructions, use with incompatible products or services, commercial misuse, acts of God, or external causes; batteries or consumable components except where failure is caused by a defect in materials or workmanship; or any Device with an altered or removed serial number.

 

Any replacement Device may be new or refurbished and will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, unless a longer period is required by applicable law.

 

This limited hardware warranty gives you specific legal rights. You may also have other rights that vary by jurisdiction. Nothing in this section limits any non-waivable rights you may have under applicable consumer protection laws.

 

28. California Residents

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.