Muse designs products and tools that help you achieve your health, fitness, and wellness and inspire you to lead more fulfilling and healthier life the following Muse Terms of Services and Conditions for Muse Products and Services (“Terms”). The “Muse Product and Service” include our devices, including associated firmware, applications, software, websites, products, and services. Muse is owned and operated by Conzumex Industries private limited
These Terms are an arrangement between you and Conzumex Industries Pvt Ltd and Indian company with its registered office at 1662, 2nd floor, 27th Main, HSR Layout, Bangalore 560102, IN. When the term mention “Muse”, “we”, “us”, “our”, they refer to the party to your agreement that provides you with the Muse Product and Service.
To create a Muse Account and to get access or use the Muse Product and Service you must accept these Terms. Even if you have not created an account but are using a Muse Product and Service you have to accept these Terms. If you cannot accept these Terms, you should not be using the Muse Product and Service.
As a user of the Muse Product and Service, you acknowledge and guarantee:
- That you have obtained and read a copy Muse Terms of Services and Conditions, and
- To be in possession of Muse Terms of Services and Conditions on a durable media for example by printing them. Durable media means any instrument which enables you to store information addressed personally to you in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored; and,
- To be of age as required or authorized under the laws of your country of residence to commit to the Terms.
MODIFICATION OF THE MUSE TERMS OF SERVICES AND CONDITIONS
It is understood and agreed between the parties that Muse shall have the right, in any case, to modify all or part of these Terms, to reflect changes to the law or any applicable regulation or modification to our Muse Product and Service, or any event which is deemed sufficient by Muse to make such revisions. Any new Terms will not apply retroactively but replaces and supersedes the previous Terms. As such we advise you to frequently check on Muse Terms of Services and Conditions to view the changes and save each version on durable media.
USE OF MUSE PRODUCT AND SERVICE
Persons under the age of 18, or any higher minimum age in the jurisdiction where that person resides, are not permitted to access or use the Muse Product and Service unless their parent has consented in accordance with applicable law. Additionally, you cannot access or use the Muse Product and Service if you are barred from receiving services under applicable law or have previously been suspended or removed from the Muse Product and Service.
You may only connect to the Muse Product and Service using
(i) a device that is manufactured, distributed, or sold by Muse itself or through its authorized resellers or agents;
(ii) our mobile applications and software, or approved third-party applications, software, or devices; or
(iii) our websites (“Authorized Connections”). You may not connect to the Muse Product and Service with any device that is not manufactured, distributed, or sold by Muse itself or through its authorized resellers or agents (such as a knock-off or counterfeit version of a Muse device); otherwise intends to resemble or purports to be a Muse 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 Muse Product and Service.
YOUR MUSE ACCOUNT USAGE
Muse Product and Service requires you to provide with information such as full name, a valid email address, as well as a strong password when creating an account with us. You are responsible for all activity that occurs in association with your account. Muse is not liable for any loss or damages by your failure to maintain the confidentiality of your credentials. You should contact our customer support if you discover or suspect any security breach related to your account.
Muse Product and Service is dependent upon your use of a supported mobile device and Internet access. It is your responsibility to ensure the device’s functionality and performance, the maintenance and security of this device may influence the performance of the Muse Product and Service. You are responsible for all internet charges that are charged to you. Please check with your Internet provider for information on possible Internet data usage charges.
YOUR CONTENT ON OUR SERVICES
Muse Product and Service may allow you to submit, store, upload, send or receive activity logs, food logs, text, image, exercise regimens, recipes and other information and content (“Your Content”) to and via the Muse Product and Service. You retain ownership of any rights that you hold in that content. In short what belongs to you stay yours. By making Your Content available on or through the Muse Product and Service you hereby grant to Muse a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media. The rights you grant us in this Section 5 are only for the limited purpose of offering and improving the Muse Product and Service.
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms.
You represent and warrant that Your Content, the use and provision of Your Content on the Muse Product and Service, and your use of the Muse Product and Service will not (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
You further agree not to (1) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweep stake, or that furthers or promotes criminal activity; or (5) use the Muse Product and Service in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Muse Product and Service, or which may expose us or our users to any harm or liability of any type.
Muse may, in its sole discretion, alter, remove, or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via the Muse Product and Service.
YOUR USE OF MUSE PRODUCT AND SERVICE
The Muse Product and Service is intended for your personal, non-commercial use. You may use any Muse Product and Service in accordance with these Terms. Data retrieved and presented to you may not be accurate due to an inappropriate use of the Application, Product or Device. Therefore, you may not use such data as a specific basis in a health plan.
By using any Product Software, you shall not: (1) Make any use of the Product Software in contradiction with any law or regulations, or third party rights such as intellectual property rights, or rights with respect to privacy etc. (2) Act in any manner that shall create any prejudice to Muse, its affiliates, partners or any user of our Muse Product and Service; (3) Introduce any fraudulent data on Muse Product and Service; (4) Fraudulently introduce any data on the Website or on Muse data server; (5) Interfere, obstruct, or distort the proper working of the Muse Product and Service or use the Service in any manner whatsoever to interfere with any rights of third parties or Muse; (6) You should not take any action and/or use any method allowing data to be retrieved, including Data scraping, data harvesting, Web crawling from the Muse Product or Service or our database enabling any direct or indirect migration and/or duplication of a significant portion of the data and/or services accessible. (7) Probe, scan, or technically analyze the Product Software; (8) Test the vulnerability, the performance and/or functionality of the Muse Product and Service.; (9) Try to circumvent any security and technological measures implemented on the Muse Product and Service; (10) use, display, mirror, or frame the Muse Product and Service or any individual element within the Muse Product and Service, including the layout and design of any page, without Muse’s express written consent;(11) try to tamper or device the source code of any software or application or any other part of Muse Product and Service by trying to modify, disassemble or reverse engineer.
RIGHTS TO OUR CONTENT
Any Images, audio, video, text, graphics, music, data, training plans, tips, articles, food logs, activity logs, recipes, software and any other information, content or other materials that are generated, provided or made available via Muse Product and Service are include into “Muse Content”. Muse Product and Service, and its underlying technology are protected by copyright, trademark, patent, intellectual property rights of India and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Muse Product and Service. Other trademarks, product, and service names and company names or logos mentioned on the Muse Product and Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
We reserve the right to remove or disable access to the Muse Product and Service, to Your Content or to any Muse Content at any time and without notice at our sole discretion, if we determine that your use of Muse Product and Service is objectionable or in violation of these Terms. We reserve the right to investigate any violations of these Terms and in response may take any action we may find appropriate.
You should fully understand that if you rely on any Muse Product and Service or Content, you do so fully at your own risk.
We try to our utmost capability to provide you with helpful and accurate information on the Muse Product and Service, but we make no endorsement, representation, or warranty of any kind about any Muse Content, information or services. The accuracy of the data collected and presented through the Muse Product and Service is not intended to match that of medical devices or scientific measurement devices.
Our Service may change from time to time or vary by geographic location. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate, or incomplete. We are not responsible for effectiveness or correct use of information you receive through Muse Product and Service. Please read and comply will all the safety notices that accompany your use of Muse Product and Service.
CONSULT YOUR DOCTOR
The Product and Service s we provide are not intended to diagnose, treat, cure or prevent any disease or injuries. If you have a medical or heart condition or injuries, consult your doctor before using the Muse Product and Service. The solutions we provide or only intended to provide you with tips and general sense and not a substitute of diagnosis from professional help. If you engage in any exercise program you receive or learn about through the Muse Product and Service, you agree that you do so at your own risk and are voluntarily participating in these activities. If you experience any medical emergency, stop using the Muse Product and Service and consult a medical professional for their recommendation
TERMS OF SALE AND RETURN POLICY
Muse’s Terms of Sale and Return Policy apply to the purchase of physical products from Muse.
The Terms of Sale are incorporated into and are made a part of these Terms. All orders placed are subject to Fitbit’s acceptance. We may accept, decline or place limits on your order for any reason.
If you submit comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Muse, or obtained from sources other than you.
ALERTS AND NOTIFICATIONS
As part of your use of the Muse Product and Service, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. 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.
THE MUSE PRODUCT AND SERVICE AND MUSE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. MUSE MAKES, AND USER RECEIVES, IN CONNECTION WITH THE MUSE PRODUCT AND SERVICE AND MUSE CONTENT NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANT ABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE MUSE PRODUCT AND SERVICE, OR ANY CONTENT, SERVICE OR FEATURE OF MUSE, INCLUDING ANY INFORMATION AND DOCUMENTS DOWNLOADED BY YOU ARE FREE OF ERRORS OR DEFECTS, OR THAT THE AFOREMENTIONED WILL BE CORRECTED.
GOVERNING LAW AND DISPUTE RESOLUTION
This Policy shall be governed by and construed in accordance with the laws of India and the courts at Chennai, Tamil Nadu shall have exclusive jurisdiction in relation to any disputes arising out of or in connection with this Policy.