Effective Date: December 1, 2021
- Your use of the App.
- ELIGIBILITY; ACCOUNT REQUIREMENTS.
- You have reached the age of 18; or
You are responsible for all activity that occurs in association with your use of the App and App account. Follicle is not liable for any loss or damages caused by your failure to maintain the confidentiality of your App or App account credentials. Please contact us if you discover or suspect any security breach related to the App or your account.
You may only connect to the App using a Product that is manufactured, distributed, or sold by Follicle itself or through its authorized dealers, retailers, or resellers. You may not connect to the App with (a) any Product or device that is not manufactured, distributed, or sold by Follicle itself or through its authorized dealers, retailers, or resellers (such as a knock off or counterfeit version of our Product); (b) any Product or device that otherwise intends to resemble or purports to be a Follicle Product; or (c) 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 App.
Full use of the App is dependent upon your use of a mobile device and, in some cases, Internet access. The maintenance and security of such equipment may influence the performance of the App and it is your responsibility to ensure the equipment’s functionality. You are responsible for all cellular, data, and Internet access charges. Please check with your cell phone carrier and Internet provider for information on possible data usage charges.
- FAULT, SERVICE, AND MAINTENANCE NOTIFICATIONS.
We may send you fault, service and/or maintenance notifications about your connected Follicle Product via the App (for example when a part needs replacing), though we make no assurances regarding the timing or delivery of any such notifications. The default setting in the App is that these notifications are turned on, and we recommend that you do not change this as, if you do, you may not receive important information about your connected Follicle Product. If you want to disable notifications you can do so via the App ‘settings’, although if you do this we will not be responsible for any consequence(s) of you doing so (for example, if your connected Follicle Product no longer functions correctly).
- UPDATES AND UPGRADES.
From time to time, we may need to deploy or provide patches, updates, upgrades, additional content or other modifications to the App and/ or software on your connected Follicle Product (for example for maintenance, enhancements, to add or remove features, resolve software bugs or address security concerns).
These updates and upgrades may result in the App and/or your connected Follicle Product being temporarily unavailable. In certain circumstances, we may need to suspend, withdraw or disable the App and/or software for longer periods while we deploy these updates and upgrades. We will always try and give you notice of this, but it may not be possible in all cases. The default setting in the App is that these updates and upgrades will automatically be deployed. You may turn this setting off via the App ‘settings’, although we would always recommend that you have the latest version of the App and software installed. If you do not install any update or upgrade then all of the functionality and features of the App and/or your connected Follicle Product may not be available to you. In certain circumstances, we may also reasonably consider that an upgrade or update is mandatory, for example when a connected Follicle Product is first connected to ensure the latest version of the App and/or software is installed, or where it is essential for security or operational reasons.
Where this is the case, we will automatically push the upgrade or update to the App and/or software regardless of your App update settings.
We will take reasonable measures to minimize the impact of any updates and upgrades on your use of the App and/or your connected Follicle Product, and where possible give you advance notice of any updates and upgrades which may impact your use of them. Whenever the App and/or software is unavailable, this will affect your use of your connected Follicle Product, and not all of the functionality and features of the connected Follicle Product may be available to you.
Follicle, or third parties from whom Follicle has permission, own the trademarks and service marks that are used on the App. All rights are reserved by Follicle and said third parties, and no implied rights are granted to you or any third parties. These and other graphics, logos, service marks, trademarks, and trade dress of Follicle and its licensors may not be used without prior written consent of Follicle or its licensor, as the case may be. Without limiting the foregoing, no Follicle trademark or trade dress may be used in connection with any product or service that is not Follicle’s, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Follicle.
- Copyright and Other Proprietary Rights.
- Digital Millennium Copyright Act.
If you have reason to believe that material on the App infringes your copyright, please send a notice by mail or email to the contact information listed below requesting that the infringing material be removed.
- CHILDREN’S PRIVACY.
Individuals under the age of 13 are not permitted to use the App.
We do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an account or use the App. If we learn that we have collected any personal information from a child under 13, we will take reasonable steps to delete such information. Parents or guardians who believe that their child has submitted personal information to us and would like to have it deleted should contact us at email@example.com with the subject line: Children’s Privacy Deletion Request.
- Third-Party WEBSITES.
- Disclaimer of Warranties.
THE APP AND ALL CONTENT MADE AVAILABLE THROUGH THE APP ARE PROVIDED BY FOLLICLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT. FOLLICLE DOES NOT WARRANT THAT THE APP, ITS SERVERS, OR E-MAIL OR OTHER COMMUNICATIONS SENT FROM THE APP ARE FREE FROM VIRUSES OR OTHER HARMFUL EFFECTS. Neither Follicle, its affiliates, any third party supplier, nor their respective officers, directors, employees, or agents, are responsible or liable to you under any theory of liability or indemnity in connection with or related to your access or use of the App or any of its content.
- LIMITATION OF LIABILITY.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, FOLLICLE WILL NOT BE LIABLE FOR LOST PROFITS OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM YOUR USE OF THE APP OR ANY OF ITS CONTENT. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE APP, INCLUDING WITHOUT LIMITATION, LOSS OF DATA OR DAMAGE TO YOUR DEVICE OR OTHER EQUIPMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, TO THE EXTENT PERMISSIBLE BY LAW, FOLLICLE’S AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE COST OF REPLACEMENT OF THE FOLLICLE PRODUCT OR SERVICE AT ISSUE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT APPLY.
- Interpretation and Disputes.
(a) YOU AND FOLLICLE, INC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OR PURCHASE OF SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 17. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Except as provided in Section 16(d), below, the arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
We will be responsible for paying any individual consumer’s arbitration/arbitrator fees. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
(c) You may elect to pursue your claim in small-claims court in Wisconsin rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
(d) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR FOLLICLE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall not consolidate more than one person's claims, and shall not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction identified in Section 15, above.
(e) If any provision of this Section 16 is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced; provided, that in the event Section 16(d) is found to be unenforceable, all of Section 16 shall be deemed null and void and of no effect.
- Entire Agreement.
- Contact Us.
- Via telephone: 1-877-741-1747
- Via mail: Follicle, Inc., 241 N. Broadway, Suite 502, Milwaukee, WI 53202
- Via email: firstname.lastname@example.org
- APPLE-SPECIFIC TERMS
- The license we grant you in the ‘Intellectual Property Rights’ section above is limited to Apple-branded products only, and remains non-transferable (except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing).
- Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
- Apple has no warranty obligation whatsoever with respect to the App, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty (if any) will be our sole responsibility.
- We, and not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection privacy, or similar legislation, including in connection with (if any) the App’s use of the HealthKit and HomeKit frameworks.
- In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You promise that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You must comply with applicable third party terms of agreement when using the App.
- GOOGLE PLAY SPECIFIC TERMS
The license we grant you in the ‘Intellectual Property Rights’ section above may, if applicable, include users in a family group, with a family manager and family members whose accounts are joined together for the purpose of creating a family group. Family groups on Google Play will be subject to reasonable limits designed to prevent abuse of family-sharing features. Users in a family group may purchase a single copy of the App (except in-app productions and subscriptions, which cannot be shared) and share it with other family members in their family group.