MED Enterprises Limited designed the Nevo watch and tools that help you achieve your health, lifestyle and fitness goals and empower and inspire you to lead a more active life. MED Enterprises Limited has the rights to market the product and services under the name ‘Nevo’. These Terms of Service (“Terms”) apply to your access and use of the Nevo Service. The “Nevo Service” includes our devices including associated firmware, applications, software, websites, API’s, products, and services.
Terms are an agreement between you and MED Enterprises Limited, 21/F, Sing Ho Finance Building, 166-168 Gloucester, Road Hong Kong SAR. When the Terms mention “MED Enterprises Limited,” “we,” “us,” or “our,” they refer to the party to your agreement that provides you with the Nevo Service.
You must accept these Terms to create a Nevo-account and to access or use the Nevo Service. If you do not have an account, you accept these Terms by using any part of the Nevo Service. If you do not accept these terms, do not create an account or use the Nevo Service.
2. Use of the Nevo Service
Persons under the age of 13, or any higher minimum age in the jurisdiction where that person resides, are not permitted to access or use the Nevo Service unless their parent has consented in accordance with applicable law. Additionally, you cannot access or use the Nevo Service if you are barred from receiving services under applicable law or have previously been suspended or removed from the Nevo Service.
You may only connect to the Nevo Service using (i) a device that is manufactured, distributed, or sold by MED Enterprises Limited 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 Nevo Service with any device that is not manufactured, distributed, or sold by MED Enterprises Limited itself or through its authorized resellers or agents (such as counterfeit version of a Nevo-device); otherwise intends to resemble or purports to be a Nevo-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 Nevo Service. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact [email protected].
3. Creating an account
Full use of the Nevo Service requires that you create an account by providing us with information such as your full name and a valid email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. MED Enterprises Limited is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.
Please contact [email protected] if you discover or suspect any security breach related to the Nevo Service or your account.
4. Necessary equipment
Full use of the Nevo Service is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Nevo Service and it is your responsibility to ensure the equipment’s functionality.
5. What you can do on the Nevo Service
The Nevo Service is intended for your personal, non-commercial use. MED Enterprises Limited grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the Nevo Service, (2) access and use the software and mobile applications provided by the Nevo Service, and (3) use the software that is embedded into Nevo-devices as authorized in these Terms. This license is provided solely for your personal, non-commercial use and enjoyment of the Nevo Service as permitted in these Terms.
You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Nevo Service or any portion thereof, except as expressly permitted in these Terms.
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Nevo Service: (1) use, display, mirror, or frame the Nevo Service or any individual element within the Nevo Service, including the layout and design of any page, without MED Enterprises Limited’s express written consent; (2) use any name owned by MED Enterprises Limited, any trademark or logo owned by MED Enterprises Limited, or any MED Enterprises Limited proprietary information without MED Enterprises Limited’s express written consent; (3) access or tamper with non-public areas of the Nevo Service, MED Enterprises Limited’s computer systems, or the technical delivery systems of MED Enterprises Limited’s providers; (4) test the vulnerability of any MED Enterprises Limited system or breach any security or authentication measures; (5) circumvent any technological measure implemented by MED Enterprises Limited or any of MED Enterprises Limited’s providers or any other third party (including another user) to protect the Nevo Service; (6) access the Nevo Service or Nevo Content through the use of any mechanism other than through the use of an Authorized Connection, Nevo Service, Nevo API or any other MED Enterprises Limited API; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that MED Enterprises Limited provides to you or any other part of the Nevo Service.
You are granted a limited, nonexclusive, and nontransferable right to create a text hyperlink to the Nevo Service for noncommercial purposes, provided that such link does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time in MED Enterprises Limited’s sole discretion.
7. Our enforcement rights
We are not obligated to monitor access or use of the Nevo Service, but we have the right to do so for the purpose of operating the Nevo Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities and, pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law.
We reserve the right (but are not required) to remove or disable access to the Nevo Service or Your Content at any time and without notice, and at our sole discretion, if we determine that the Nevo Content, MED Enterprises Limited Content, Your Content, or your use of the Nevo Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Nevo Service, and in response may take any action we may deem appropriate.
8. Use the Nevo Service at your own risk
If you rely on any Nevo Content, MED Enterprises Limited Content or the Nevo Service, you do so solely at your own risk.
Our goal is to provide helpful and accurate information on the Nevo Service, 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 Nevo Service is not intended to match that of medical devices or scientific measurement devices.
We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the Nevo Service. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate, or incomplete
Use of the Nevo Service should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany your use of the Nevo Service.
9. Consult your doctor before using the Nevo Service
The Nevo Service is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using the Nevo Service. If you experience a medical emergency, stop using the Nevo Service and consult with a medical professional.
We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the Nevo Service. If you engage in any exercise program you receive or learn about through the Nevo Service, you agree that you do so at your own risk and are voluntarily participating in these activities.
Prolonged contact with wearable devices may contribute to skin irritation or allergies in some cases. To reduce irritation, follow four simple wear and care tips: (1) keep it clean, (2) keep it dry, (3) don’t wear it too tight, and (4) give your wrist a rest by removing the band for an hour after extended wear. If you notice any skin irritation, soreness, tingling, numbness, burning, or stiffness in your hands or wrists while or after wearing the product, remove your device and please discontinue use. If any symptoms persist longer than 2-3 days after removing the device, consult your doctor.
10. Terms of Sale and returns and warranty
MED Enterprises Limited’s Terms of Sale and Returns and Warranty Policy apply to purchases made from nevowatch.com. The Terms of Sale are incorporated into and made a part of these Terms. All orders placed are subject to MED Enterprises Limited’s acceptance. We may accept, decline, or place limits on your order for any reason.
11. Feedback and submissions policy
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 MED Enterprises Limited, or obtained from sources other than you. Our Feedback and Submissions Policy is also part of the Terms.
12. Contests and giveaways
Additional terms and conditions may apply to surveys, contests, giveaways, and other promotions sponsored by MED Enterprises Limited or its partners. It is your responsibility to carefully review those terms and conditions.
13. Alerts and notifications
As part of your use of the Nevo Service, 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 Nevo Service by using your 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.
14. Third-party services
15. Changes to the Nevo Service
MED Enterprises Limited may change or discontinue, temporarily or permanently, any feature or component of the Nevo Service at any time without notice. MED Enterprises Limited is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of the Nevo Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by MED Enterprises Limited products without prior notice to you.
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Nevo Service, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove Your Content and other information related to your account. You may close your account at any time by contacting Customer Support or through the ‘Profile’ tab within the app. Upon any termination of these Terms or suspension, termination, or discontinuation of the Nevo Service or your account, the following provisions of these Terms will survive: Sections 1, 5, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20, 21, 22.
THE NEVO SERVICE AND MED ENTERPRISES LIMITED CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE NEVO SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Nevo Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Nevo Service.
You will indemnify and hold harmless MED Enterprises Limited 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 Nevo Service, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) 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.
19. Limitation of Liability
NEITHER MED ENTERPRISES LIMITED, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE NEVO SERVICE 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 NEVO SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MED ENTERPRISES LIMITED 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 MED ENTERPRISES LIMITED’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE NEVO SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO MED ENTERPRISES LIMITED FOR USE OF THE NEVO SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO MED ENTERPRISES LIMITED, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MED ENTERPRISES LIMITED 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.
20. Dispute resolution
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You agree that any dispute between you and MED Enterprises Limited arising out of or relating to these Terms of Service, the Nevo Service, or any other Nevo-products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law: Except as otherwise required by applicable law, the Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of Hong Kong, without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against MED Enterprises Limited, you agree to try to resolve the Dispute informally by contacting [email protected] We’ll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 90 days after submission, you or MED Enterprises Limited may bring a formal proceeding.
We Both Agree To Arbitrate: You and MED Enterprises Limited agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting [email protected] within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.
Arbitration Procedures: The Hong Kong International Arbitration Centre (HKIAC) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Hong Kong.
Exceptions to Agreement to Arbitrate: Either you or MED Enterprises Limited may assert claims, if they qualify, in small claims court in Hong Kong. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the MED Enterprises Limited products or Nevo Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions: You may only resolve Disputes with MED Enterprises Limited 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.
Judicial Forum for Disputes: Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and MED Enterprises Limited agree that any judicial proceeding (other than small claims actions) will be brought in the federal courts of Hong Kong. Both you and MED Enterprises Limited consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the MED Enterprises Limited products or Nevo Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
21. General Terms
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between MED Enterprises Limited and you regarding the Nevo Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between MED Enterprises Limited and you regarding the Nevo Service.
We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the Nevo Service. When you use the Nevo Service after a modification becomes effective, you are telling us that you accept the modified Terms. You can review previous versions of these Terms in our archive.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without MED Enterprises Limited’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. MED Enterprises Limited may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by MED Enterprises Limited under these Terms, including those regarding modifications to these Terms, will be given: (i) via email or (ii) by posting to the Nevo Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
MED Enterprises Limited’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MED Enterprises Limited. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
22. Additional terms may apply
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.
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.
You may contact us at [email protected] or at our mailing address below.
MED Enterprises Limited
21/F, Sing Ho Finance Building
166-168 Gloucester Road
Hong Kong SAR