Effective since: September, 2016
These Terms and Conditions and any other terms referred to in these terms, such as terms provided in the applicable Limited Warranty (“Terms”), apply between you and BRAGI Store LLC, an American limited liability company whose principal place of business is at 160 Greentree Drive, Suite 101, Dover, Delaware 19904 (referred to as „BRAGI” or “we”), when you purchase a device and/or accessories (“Product”).
BRAGI designs products and software to deliver audio, track physiological parameters, and enable communication. These Terms govern your use of our hearable devices, our websites, including www.bragi.com, the software embedded in BRAGI devices, mobile application software and other BRAGI services (collectively, the “BRAGI Service”).
You must consent to and accept these terms to use the BRAGI Service. You accept the Terms by visiting www.bragi.com or using any portion of the BRAGI Service. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT VISIT www.bragi.com and DO NOT USE the BRAGI Service.
Terms May Change
These Terms can change over time. When we make changes to the Terms we will post the modified Terms on www.bragi.com and will include the date the Terms were last updated. You agree to check for updates to the Terms. When you use the BRAGI Service, you are accepting the modified terms.
You may only use the BRAGI Service if you are over 14 years of age and are not precluded from receiving the BRAGI Service under any applicable laws, regulations, court orders, administrative orders, or otherwise. Further, the BRAGI Service is only for use by consumers and may not be used by customers acting in their capacity as entrepreneurs or businessmen.
Full use of the BRAGI Service is dependent upon your use of a computer with appropriate software or a compatible mobile device and Internet access. The maintenance and security of this equipment may affect the performance of the BRAGI Service and it is your responsibility to ensure the functionality of any such equipment.
The BRAGI Service and its underlying technology and content may be protected by copyright, trademark, patent, design and other laws of various countries. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by BRAGI or its licensors, except for the licenses and rights expressly granted in these Terms. BRAGI reserves all rights.
Limited Use of BRAGI Service
The BRAGI Service is intended for your personal, non-commercial use. BRAGI grants you a limited, non-exclusive, non-transferable license to access and view the content made available through the BRAGI Service, access and use the software made available through the BRAGI Service, and use the software embedded into BRAGI products as authorized in these Terms.
Prohibited Use of BRAGI Service
You may not, and you agree not to or enable others to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the BRAGI Service or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of open-sourced components included with the BRAGI Service).
Consult Your Doctor
The BRAGI Service may be used as a part of an exercise program. The BRAGI Service is not intended to diagnose, treat, cure, or prevent any disease. Consult your doctor before engaging in any exercise program. In the event of a medical emergency, stop using the BRAGI Service immediately and consult with a medical doctor. BRAGI is not responsible for any health problems that may result from using the BRAGI Service as a part of an exercise program. If you engage in an exercise program using the BRAGI Service, you agree that you are doing so voluntarily and at your own risk. If you start to experience discomfort in your ears such as skin irritation, redness or discomfort, remove the hearable devices from your ears. If the symptoms persist for longer than 2 days after use of the hearable devices, contact your doctor.
Use of the BRAGI Service should not replace your good judgment and common sense. You agree to read and comply with all safety notices that accompany any BRAGI product or service.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE BRAGI SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BRAGI SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BRAGI HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE BRAGI SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. BRAGI DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE BRAGI SERVICE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE BRAGI SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE BRAGI SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE BRAGI SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BRAGI OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
You will indemnify and hold harmless BRAGI and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with your access to or use of the BRAGI Service or your breach of any warranties made by you under these Terms or your violation of any other provision of these Terms. BRAGI reserves the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.
Limitation on Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL BRAGI BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE BRAGI SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF BRAGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall BRAGI’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty U.S. dollars ($50.00 USD). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Additional Terms For Product Orders: Conditions of Sale
Please carefully read these Terms. By ordering a Product in our web shop (store.bragi.com), you are agreeing to these Terms. If you do not understand the Terms or do not accept any part of them, do not place an order.
Ordering and Payment
When you place an order for a Product, you permit BRAGI to charge the credit card, debit card or other payment method you have chosen for your purchase in the total amount of your order (including any shipping charges and taxes). You agree that all information provided by you in your order is accurate and complete including name, address, e-mail address, and payment information.
BRAGI reserves the right to reject your order. For example, BRAGI may reject your order if you do not live in a country from which Product may be purchased or if you order more than the permitted maximum number of Products.
When your order is received by BRAGI, we will send you an order confirmation email which will include details of your order. Then, when the order is accepted and shipped, you will receive a shipping confirmation email with an attached electronic invoice as well as a copy of this document that you should refer to if you have any follow-up inquiries. You consent to the sending of the order confirmation email and the electronic invoice correspondence.
All Products remain our property until all payments have been paid in full.
Prices and Taxes
The Product price displayed on the site does not include any shipping charges. Information about shipping charges will be presented at checkout before you place your order. Applicable taxes will usually be presented at checkout; however, in some circumstances we may notify you that you are responsible for determining whether certain taxes apply. All prices displayed are subject to change at any time without notice.
We may not be able to deliver to all locations. If BRAGI does not ship a Product to the address you provided, you will be sent a notice and you will not be charged for your order. If a Product cannot be successfully delivered because you have provided incorrect or incomplete delivery information, the Product will be returned to BRAGI. In that case you will not be charged for the Product (or charges already incurred will be reversed using the initial payment method), but you may be charged for shipping (and such charges will not be reversed).
If you do not receive your Product, please contact us.
Any delivery dates or times provided by BRAGI (or a delivery agent) are estimates only and are not guaranteed.
We try very hard to make sure there are no mistakes in the prices that appear on the BRAGI store. In the unlikely event that a mistake occurs, you agree that BRAGI will not be bound by that incorrect price, and we reserve the right to cancel your order.
We may impose limits on the maximum number of particular Products that you may order. You may not order more than the maximum order limit for a particular Product.
Import and Export
The Product may be subject to import and export laws and regulations in the United States and elsewhere. You must comply with all domestic and international import and export laws and regulations that apply in connection with the Product. These laws may include restrictions on destinations, users, and end use.
Use of the Product
Please carefully read any instructions that come with the Product, including instructions that may be available online. Further, you agree to comply with any software license agreements applicable to your use of software on the Product. BRAGI may also provide software updates/upgrades that you will need to install in order to make the best possible use of the functionality of the Product and any related services. Use of that software may be subject to additional licensing terms.
Resale and Gifts
You may only purchase Product for your personal use. You may not commercially resell any Product, but you may give the Product as a gift to another for their personal use. These Terms apply to any gift recipient.
Battery life for Products with batteries will depend on usage and other factors and so actual results will vary. Products with storage capacity may be preformatted with operating system software and other files and actual formatted capacity will be less than the total memory listed.
Returns and Refunds
If you wish to return the Product, you can request your return document via our Bragi Support Center within 14 calendar days after the day you received the product, provided you comply with these Terms and any return instructions. You can return the Product only in its original condition including any boxes, packaging, documentation and included accessories. Shipping has to be prepaid by you.
To return a Product, contact BRAGI via the BRAGI SUPPORT CENTER at support.bragi.com.
Wrap up the package including any boxes or packaging the Product was shipped in and any other accessories, documentation and anything else that came with the Product and package and ship the return, shipping prepaid by you, to
BRAGI NA c/o UPS SCS
2200 Outerloop Drive
Louisville, KY 40129
You are responsible for ensuring that the Product arrives at BRAGI in its original, unused condition.
We will send you a full refund less your original shipping and handling charges via your original payment method within 10 business days after BRAGI receives the Product, if you comply with these Terms and any return instructions.
Defects; Warranties; Disclaimer of Warranties
If the Product is or becomes defective through no fault of your own, you may be entitled to a refund, replacement, or repair of the Product. Please always refer to the appropriate Limited Warranty.
Nothing in this section affects your legal rights under applicable laws. Unless otherwise required under applicable laws, BRAGI may only provide warranty support for BRAGI products manufactured by BRAGI that are located in a supported country.
OTHER THAN THE WARRANTIES REFERRED TO IN THE APPLICABLE LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRAGI EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRAGI AND ITS SUBSIDIARIES AND AFFILIATES, INCLUDING SUPPLIERS (COLLECTIVELY, "BRAGI PARTIES") SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE PRODUCT OR THESE TERMS, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT A BRAGI PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BRAGI PARTIES' TOTAL LIABILITY IN CONNECTION WITH THE PRODUCT OR THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO BRAGI UNDER THESE TERMS.
Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Third Party Devices
You understand that the Product may only be compatible with certain devices manufactured by third parties, and BRAGI makes no warranty with respect to such third-party hardware components or their compatibility with the Product.
Any dispute or claim relating in any way to your use of any BRAGI Product or BRAGI Services, or to any products or services sold or distributed by BRAGI or through its online store will be resolved by binding arbitration, rather than in court. The laws of the United States including The Federal Arbitration Act and federal arbitration law apply to this agreement.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Applicable Law and Jurisdiction
By buying a product or service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Delaware, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and BRAGI. The Courts of Dover, Delaware shall be the exclusive place of jurisdiction for any dispute arising out of these Terms.
Changes to the Terms
The Terms in effect at the time you place an order for the Product will apply to such order and Product. BRAGI reserves the right to make changes to these Terms from time to time and such changes will apply to orders.
Events Beyond Reasonable Control
Neither party will be responsible for any delay or failure to comply with these Terms if the delay or failure arises from any cause which is beyond its reasonable control.
Limitations on Waiver
If you breach these Terms, and BRAGI does not take action immediate, does not mean that BRAGI is waiving any rights to take action in the future.
In the event any provision of these Terms is held to be invalid or unenforceable, such provision will be severed from the remainder of these Terms, and such remainder will remain in force and effect.