For the purpose of these HandIQ Term of Use:
“Auxiliary Products” means any products which interact with Hand IQ.
“Hand IQ” means Hygiene IQ’s smart handwash device system that uses artificial intelligence, sensors, and Bluetooth technology to encourage healthy handwashing habits.
“Hand IQ App” means the app or website provided by Hygiene IQ that provides access to Hand IQ, Hand IQ’s settings, Hand IQ-related content, and other information.
“Hand IQ Enabled Product” means any product or application that enables access to Hand IQ, including the Hand IQ devices and the Hand IQ App.
“Hand IQ Interactions” means all information related to your use of Hand IQ and Hand IQ Enabled Products, including your location, information we receive in connection with Third Party Services and Auxiliary Products you use, and information and content you provide or receive through the Hand IQ App.
“Hand IQ Services” means the services we provide to you under this Agreement and in connection with Hand IQ, the Hand IQ App, the Software, Hand IQ Enabled Products, and Auxiliary Products.
“Software” means all software that we make available for use in connection with Hand IQ.
“Third Party Service” means any service or application provided by a third party that we make available to you for use with Hand IQ.
1. Hand IQ
1.1 Hand IQ. A Hand IQ Enabled Product and internet connection are required to access and use Hand IQ. Some Hand IQ services may not be available in all areas or on all Hand IQ Enabled Products and may require separate fees or subscriptions.
1.2 Use of the Software. You may use the Software only on or through a Hand IQ Enabled Product or Auxiliary Product.
1.4 Communications. If you contact Hygiene IQ’s customer service, you hereby consent to the means by which such contact was initiated. You similarly consent to Hygiene IQ contacting you through any of the means that Hygiene IQ makes available utilizing the contact information identified in your Account. This may include one-way or two-way video-enabled customer service communication methods, whether made available via your mobile device, through the Hand IQ App or any other mobile or web interface now existing or later developed. Except as otherwise expressly agreed by you under a separate services agreement, Hygiene IQ will not charge you any additional fees to deliver, or for you to receive, such customer support services; however, your wireless service provider may charge a fee for air-time or data usage associated therewith. Check with your wireless carrier if you have questions about your wireless plan.
2. Third Party Services; Third Party Products
2.1 Third Party Services. If you use a Third Party Service, we may exchange related information with that service. Your use of any Third Party Service is subject to this Agreement and any third party terms applicable to such Third Party Service. If you do not accept the third party terms applicable to a Third Party Service, do not use that Third Party Service. When using a Third Party Service, you are responsible for any information you provide to the third party. Hygiene IQ has no responsibility or liability for Third Party Services. Publishers of Third Party Services may change or discontinue the functionality or features of their Third Party Service.
2.2 Third Party Products. Hand IQ Enabled Products and Auxiliary Products include third party products that Hygiene IQ does not manufacture or develop. Hygiene IQ may automatically update the firmware for certain Auxiliary Products on behalf of the applicable manufacturer. Hygiene IQ has no responsibility or liability for such third party products or manufacturer-provided firmware.
3.2 Functionality; Content. We do not guarantee that Hand IQ or its functionality or content is accurate, reliable, always available, or complete.
3.3 Changes to Hand IQ; Amendments. We may change, suspend, or discontinue Hand IQ, or any part of it, including Third Party Services or premium features, at any time without notice. We may amend any of this Agreement’s terms at our sole discretion by posting the revised terms on the Hand IQ website. Your continued use of Hand IQ after the effective date of the revised Agreement constitutes your acceptance of the terms.
3.4 Data; Data Storage. Your Account provides you with access to certain data stored by us. You agree that we may delete any data delivered to us when (i) any storage period that applies to your Account expires; (ii) this Agreement is terminated or expires; or (iii) you deliver a written request pursuant to Section 4.6 and such deletion is not prohibited by any applicable law, regulation, regulatory authority or other applicable judicial or governmental order. Notwithstanding anything herein to the contrary, Hygiene IQ is not responsible for any change to or loss of any data.
3.5 End User License and Intellectual Property. Subject to the terms and conditions of this Agreement, Hygiene IQ grants you a non-exclusive, non-transferable license to access and use the Hand IQ Services by (i) using Hand IQ, the Hand IQ App, the Software, Hand IQ Enabled Products, and Auxiliary Products in connection with, and solely for the purpose of, controlling and monitoring the Hand IQ Services you are authorized to receive and/or control or monitor, and (ii) install and use the Hand IQ App solely on your own handheld mobile device (e.g., iPhone, iPad, or Android smartphone or other tablet device) and solely for the purposes set forth in this Agreement. There is a risk that unauthorized persons may gain access to the Hand IQ App and data thereon and you agree to assume such risk. You consent to our posting status reports in connection with the Hand IQ Services on the Hand IQ App. You will keep confidential all information available on the Hand IQ App and all passwords relating to the Hand IQ App or access thereto. This license will continue and be co-extensive with the term of this Agreement except for your (i) failure to keep confidential all information available on the Hand IQ App and all passwords or access codes relating to the Hand IQ App or access thereto, (ii) use of the license or the information in any manner that negatively affects us, (iii) use of the license or the information for any illegal purpose, (iv) breach of this Agreement or (v) violation of any applicable law. You will be solely responsible for information you deliver, delete or modify. Upon termination of this Agreement or termination or suspension of the license by us, we may immediately, and without notice, disable your access to the Hand IQ App and cancel all passwords or other access codes. You will not (a) disclose or make available to third parties any portion of the technology associated with the Hand IQ Services or the Hand IQ App without our prior written consent, (b) copy, decompile, dissemble, reverse engineer, manipulate, modify, or make derivative works of any technology incorporated in Hand IQ, the Hand IQ Services or the Hand IQ App. Hygiene IQ may from time to time develop patches, updates, upgrades or other modifications (“Updates”) to improve the performance of the Hand IQ Services or the Hand IQ App. These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to these automatic updates. If you do not want such Updates, your remedy is to terminate your Account and stop using the Hand IQ Services or the Hand IQ App. You acknowledge that you may be required to install Updates to use the Hand IQ Services and you agree to promptly install any Updates that Hygiene IQ provides. IF YOU FAIL TO INSTALL ANY UPDATES PROVIDED BY HYGIENE IQ, YOUR ACCESS TO THE APPLICATION AND THE SERVICES MAY BE TERMINATED.
3.6 Geographic Restrictions. Hand IQ is operated in the United States and Canada. We may restrict access to Hand IQ or certain Hand IQ Services or features from other locations.
3.7 Termination. We may terminate your access to Hand IQ Services at our discretion without notice (except as may be required by applicable law). Your rights under this Agreement will automatically terminate without notice if your fail to comply with any of its terms. In case of such termination, Hygiene IQ may immediately revoke your access to the Hand IQ Services without refund of any fees. Hygiene IQ’s failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.
3.8 Disputes. Any dispute or claim relating in any way to your use of any Hand IQ Services will be adjudicated in the state or federal courts in Los Angeles County, California, and you consent to the exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.
3.9 Disclaimer of Warranties and Limitation of Liability.
the hand iq services and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the hand iq services are provided by hygiene iq on an “as is” and “as available” basis, unless otherwise specified in writing. hygiene iq makes no representations or warranties of any kind, express or implied, as to the operation of the hand iq services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the hand iq services, unless otherwise specified in writing. you expressly agree that your use of the hand iq services is at your sole risk
to the fullest extent permissible by law, hygiene iq disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. hygiene iq does not warrant that the hand iq services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the hand iq services, hygiene iq’s servers or electronic communications sent from hygiene iq are free from viruses or other harmful components. to the full extent permissible by law, hygiene iq will not be liable for any damages of any kind arising from the use of any hand iq service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any hand iq service, including but not limited to, direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Without limiting the foregoing, and unless otherwise required by applicable law, in no event will our or our licensors’ or our
service providers’ aggregate liability with respect to any claim arising from or relating to this Agreement or your use of Hand
IQ Services exceed five hundred dollars ($500).
3.10 Severability. If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.
3.11 Customer Support. For help with the Hand IQ Services, or resolving other issues, please contact Hygiene IQ customer support (https://handiq.com/customer-support).
4.1 Fees and Renewal. The subscription fees for each Hand IQ subscription are stated at the point of purchase, or when you begin a free trial, and can be viewed in the customer subscription portal. Subscription fees may change from time to time, effective as of the beginning of the next subscription period. Subscription fees may be subject to tax and are non-refundable except as expressly provided in this Agreement. Unless you notify us before a change that you want to cancel or do not want to auto-renew a Hand IQ subscription, that Hand IQ subscription will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect the then-applicable fee and any applicable taxes, using any payment method we have on record for you. If all payment methods we have on file for you are declined for the payment of the applicable subscription fees, your Hand IQ subscription will be canceled unless you provide us with a new payment method. If you provide us with a new payment method and are successfully charged before your Hand IQ subscription is canceled, your new subscription period will be based on the original renewal date and not the date of the successful charge.
4.2 Increase in Charges. Subject to Section 4.1, Hygiene IQ may increase periodic recurring and subscription charges at any time under this Agreement by sending notice to you by email to the email address on file with Hygiene IQ.
4.3 Free Trials. We may offer a free trial to certain Hand IQ subscriptions to eligible customers from time to time. We may consider your subscription history when determining whether you’re eligible for a free trial for a Hand IQ subscription. At the end of your free trial period, your subscription will be automatically converted to the applicable paid subscription plan. If you don’t want to convert to a paid recurring subscription, you must cancel at or prior to the end of the applicable free trial period
4.4 Subscription Cancellation. You may cancel a Hand IQ subscription by contacting Hygiene IQ customer support at any time after your initial contract terms have expired. You can also manage your Hand IQ subscriptions from within the Hand IQ customer subscription portal Unless we indicate otherwise, any cancellation will be effective as of the end of your then current subscription period and you will not receive a refund of any fees already paid.
4.5 Termination. We may terminate any Hand IQ subscriptions at our discretion without notice. If we do so, we will give you a prorated refund based on the number of days remaining in your subscription. However, we will not give any refund for termination related to conduct that we determine, in our sole discretion, violates this Agreement or any applicable law, involves fraud or misuse of the subscription, or is harmful to our interests or to another user.
4.6 Notices. Unless otherwise expressly provided herein, (i) all notices required to be given to Hygiene IQ shall be deemed to have been duly given if in writing and mailed by regular mail, postage prepaid, or overnight delivery, by a reputable, national overnight delivery service to Hygiene IQ’s then current principal place of business and (ii) all notices required to be given by Hygiene IQ to you, shall be deemed to have been given if in writing and sent to the email address on file with Hygiene IQ for your account. You are responsible to provide Hygiene IQ with any changes to your email address pursuant to the foregoing sentence.
4.7 Applicable Law. By using the Hand IQ Services, you agree that applicable federal law, and the laws of the State of California, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Hygiene IQ.