These Terms of Use (“Terms”) apply to your access and use of our CORE products and services, including CORE device and CORE mobile application, and any information or other materials uploaded, downloaded or appearing on or through CORE products, or otherwise governed by these Terms (collectively referred to as the “Services”), which are owned or operated by greenTEG AG (hereinafter “greenTEG, “we” or “us”).

You must carefully read and accept these Terms to create a CORE mobile application account and to access or use the Services. These Terms constitute a contract between you and greenTEG. If you do not agree and accept these Terms, do not use CORE products.

For information about how we use your data through your use of the CORE mobile application, please see our Privacy Policy. By accessing or using our Services and agreeing to the Privacy Policy, you consent to greenTEG’s collection and processing of your data as described in the Privacy Policy.

Use of the Services

The Services are intended solely for persons who are 13 years old or such higher age required in your country to use the services. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

You may only connect to the Services using (i) a CORE device that is manufactured, distributed, or sold by greenTEG itself or through its authorized resellers or agents, or (ii) our CORE mobile applications and software, or approved third-party applications, software, or devices. You may not connect to the Services with any device that is not manufactured, distributed, or sold by greenTEG itself or through its authorized resellers or agents (such as a knock off or counterfeit version of a CORE device); otherwise intends to resemble or purports to be a CORE device; or any unauthorized application or third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Services.

Creating an account

Full use of the Services may require you to create an account by providing us with information such as your name, email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. greenTEG is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact us at info@corebodytemp.com if you discover or suspect any security breach related to the Services or your account.

You may be able to register for or log-in to your account via a third-party network, such as Facebook or Google. If you will do so, you will hereby authorize greenTEG to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you will connect your account to a third-party network, you will agree to comply with the terms and conditions and policies applicable to such third party.

Necessary equipment

Full use of the Services is dependent upon your use of a supported mobile device and internet access. The maintenance and security of this equipment may influence the performance of the Services and it is your responsibility to ensure the equipment’s functionality. You are responsible for all internet access charges. Please check with your internet provider for information on possible Internet data usage charges.

Use of Services at your own risk

If you rely on our Services, you do so solely at your own risk. Our goal is to provide helpful and accurate information on the Services, but we make no endorsement, representation, or warranty of any kind about any information, or Services. The accuracy of the data collected and presented through the Services is not intended to match that of medical devices or scientific measurement devices.

End-User License Agreement

greenTEG grants you a limited, non-exclusive license to use the CORE mobile application in accordance with these Terms. You agree not to reproduce, copy, modify, decompile, disassemble, reverse engineer or create derivative works of any portion of the CORE mobile application, and you may not transfer or distribute it in any form, for any purpose. greenTEG reserves the right to modify the CORE mobile application, or to discontinue offering the CORE mobile application all together at any time and for any reason, including without limitation, if any third party supplier ceases to supply content or services, or if greenTEG’s contract with such supplier terminates. In the event greenTEG shall discontinue offering the CORE mobile application, these Terms, and your rights under it shall terminate immediately. The following sections shall survive termination of your CORE account and/or the Terms: End-User License Agreement, Disclaimer of Warranties and Limitation of Liability, Indemnity, Applicable Law and Dispute Resolution and General terms.

You are prohibited from selling, renting, or leasing the CORE mobile application to any other person or third party. You acknowledge that the CORE mobile application should be used only for general information purposes and you should not rely on the CORE mobile application for any life or death situation.

greenTEG respects the intellectual property rights of others. It is greenTEG’s policy, at its discretion and when appropriate, to terminate the accounts of users who may infringe or repeatedly infringe the copyrights of third parties. Please contact us at info@corebodytemp.com if you discover or suspect any copyright infringement related to the Services.

Third-party services

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

Alerts and Notifications

As part of your use of the Services, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from the Services by using your CORE mobile application account settings. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.

Termination

You agree that we may, under certain serious circumstances and without prior notice, immediately terminate your account and/or access to the Services. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (ii) requests by law enforcement or other government agencies, (iii) a request by you (self-initiated account deletions), (iv) discontinuance or material modification to the Services (or any portion thereof), (v) unexpected technical or security issues or problems, (vi) extended periods of inactivity, and/or (vii) nonpayment of any fees owed by you in connection with the Services. Termination of your account may include (viii) removal of access to all offerings within the Services, (ix) deletion of your information, files and content associated with your account, and (x) barring of further use of the Services. Further, you agree that all terminations for cause shall be made in greenTEG’s sole discretion and that greenTEG shall not be liable to you or any third party for any termination of your account or access to the Services. The following sections shall survive termination of your CORE account and/or the Terms: End-User License Agreement, Disclaimer of Warranties and Limitation of Liability, Indemnity, Applicable Law and Dispute Resolution and General terms.

Disclaimer of Warranties and Limitation of Liability

CORE MOBILE APPLICATION IS PROVIDED TO YOU “AS IS,” AND YOU AGREE TO USE IT AT YOUR OWN RISK. GREENTEG MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, CONTENT, QUALITY, ACCURACY, COMPLETENESS, EFFECTIVENESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USEFULNESS, USE OR RESULTS TO BE OBTAINED FROM THE CORE MOBILE APPLICATION, OR THAT THE CORE MOBILE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE.

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

IN NO EVENT WILL GREENTEG’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO GREENTEG FOR USE OF THE SERVICES OR ONE HUNDRED EUROS (EUR 100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO GREENTEG, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GREENTEG AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnity

You will indemnify and hold harmless greenTEG or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Services, (ii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iii) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Applicable Law and Dispute Resolution

This agreement is governed exclusively by Swiss law. The court of jurisdiction shall be Court of Zurich, Canton of Zurich, Switzerland.

We want to address your concerns without needing a formal legal case. Before filing a claim against greenTEG, you agree to try to resolve the dispute informally by contacting us at info@corebodytemp.com. We will try to resolve the dispute informally by contacting you through email. If a dispute is not resolved within thirty (30) days after submission, you or greenTEG may bring a formal proceeding.

You may only resolve disputes with greenTEG on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.

General terms

You agree that no joint venture, partnership, joint controllership, employment, or agency relationship exists between you and greenTEG as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and greenTEG with respect to your use of the Services.

The failure of greenTEG to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You may not assign, delegate, or otherwise transfer your account or your obligations under these Terms without the prior written consent of greenTEG. greenTEG has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Services.

greenTEG’s notice to you via email, regular mail or notices, posts, or links on the Services shall constitute acceptable notice to you under the Terms.

A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.

Additional terms

Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.

Modification of the Terms

greenTEG reserves the right to change, modify, add, or remove portions of these Terms at any time and for any reason in its sole discretion. greenTEG will notify you of any material changes to the Terms or to any service or other features of the Services. By continuing to access or use the Services after we have provided you with notice of a modification, you are agreeing to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

Effective: June, 2020

Contacts us

If you have any questions, complaints, or claims, you may contact greenTEG at:

greenTEG AG
Hofwisenstr. 50A
8153 Rüemlang
Switzerland

Phone: +41 (0)44 515 09 15
Email: info@corebodytemp.com

Website: https://www.greenteg.com/

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