TERMS OF SERVICE
Wethm designs products and tools that help you achieve your sleep and health goals and empower and inspire you to lead a healthier life. These Terms of Service (“Terms”) apply to your access and use of the Wethm Service. The “Wethm Service” includes our devices including associated firmware, applications, software, websites, APIs, products, and services.
These Terms are an agreement between you and Mellowing Factory Co. Ltd., 131, Sapyeong-daero 57-gil, Seocho-gu, 6th floor, Seoul, South Korea 06535. When the Terms mention “Wethm,” “we,” “us,” or “our,” they refer to the party to your agreement that provides you with the Wethm Service.
You must accept these Terms to create a Wethm account and to access or use the Wethm Service. If you do not have an account, you accept these Terms by using any part of the Wethm Service. If you do not accept these terms, do not create an account or use the Wethm Service.
1. READ OUR PRIVACY POLICY
2. USE OF THE WETHM SERVICE
3. USE OF AN ACCOUNT
4. NECESSARY EQUIPMENT
Full use of the Wethm 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 Wethm Service and it is your responsibility to ensure the equipment’s functionality. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
5. POSTING YOUR CONTENT ON THE WETHM SERVICE
Wethm may enable you to post, upload, store, share, send, or display photos, images, video, data, text, comments, and other information and content (“Your Content”) to and via the Wethm Service. You retain all rights to Your Content that you post to the Wethm Service. By making Your Content available on or through the Wethm Service you hereby grant to Wethm a non-exclusive, transferable, sublicensable, 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 Wethm 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 Wethm Service, and your use of the Wethm 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 sweepstake, or that furthers or promotes criminal activity; or (5) use the Wethm Service in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Wethm Service, or which may expose us or our users to any harm or liability of any type. Wethm 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 Wethm Service.
6. WETHM’S RIGHTS
“Wethm Content” includes any photos, images, graphics, video, audio, data, text, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Wethm Service. Wethm Content, the Wethm Service, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Wethm Service. Our logos and any other Wethm trademarks that may appear on the Wethm Service, and the overall look and feel of the Wethm Service, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the Wethm 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.
7. WHAT YOU CAN DO ON THE WETHM SERVICE
The Wethm Service is intended for your personal, noncommercial use.
Wethm grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the Wethm Service, (2) access and view the Wethm Content, (3) access and use the software and mobile applications provided by the Wethm Service, and (4) use the software that is embedded into Wethm devices as authorized in these Terms. With respect to items (3) and (4), this license includes any third-party software embedded in any Wethm Service. This license is provided solely for your personal, noncommercial use and enjoyment of the Wethm 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 Wethm Content, Wethm Service or any portion thereof (including any third-party software), except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Wethm or its licensors, except for the licenses and rights expressly granted 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 Wethm Service: (1) use, display, mirror, or frame the Wethm Service or any individual element within the Wethm Service, including the layout and design of any page, without Wethm’s express written consent; (2) use Wethm’s name, any Wethm trademark or logo, or any Wethm proprietary information without Wethm’s express written consent; (3) access or tamper with non-public areas of the Wethm Service, Wethm’s computer systems, or the technical delivery systems of Wethm’s providers; (4) test the vulnerability of any Wethm system or breach any security or authentication measures; (5) circumvent any technological measure implemented by Wethm or any of Wethm’s providers or any other third party (including another user) to protect the Wethm Service; (6) access the Wethm Service or Wethm Content through the use of any mechanism other than through the use of an Authorized Connection, Wethm Service, or Wethm API; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that Wethm provides to you or any other part of the Wethm Service.
8. HYPERLINKS
You are granted a limited, nonexclusive, and nontransferable right to create a text hyperlink to the Wethm 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 Wethm’s sole discretion.
9. OUR ENFORCEMENT RIGHTS
We reserve the right (but are not required) to remove or disable access to the Wethm Service, any Wethm Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Wethm Content, Your Content, or your use of the Wethm 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 Wethm Service, and in response may take any action we may deem appropriate.
10. USE THE WETHM SERVICE AT YOUR OWN RISK
If you rely on any Wethm Content or the Wethm Service, you do so solely at your own risk.
Our goal is to provide helpful and accurate information on the Wethm Service, but we make no endorsement, representation, or warranty of any kind about any Wethm Content, information, or services. The accuracy of the data collected and presented through the Wethm 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 Wethm Service.
Use of the Wethm Service should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany your use of the Wethm Service.
11. CONSULT YOUR DOCTOR BEFORE USING THE WETHM SERVICE
The Wethm 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 Wethm Service. We are not responsible for any health problems that may result from consultations, products, or events you learn about through the Wethm Service. If you engage in any programs you receive or learn about through the Wethm Service, you agree that you do so at your own risk and are voluntarily participating in these activities.
12. COPYRIGHT POLICY
Wethm respects the intellectual property of others and expects its users to do the same. It is Wethm’s policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe the rights of copyright holders.
13. TERMS OF SALE, RETURNS AND WARRANTY, AND PAID SERVICES
Terms of Sale and Returns and Warranty
Paid Services
14. FEEDBACK AND SUBMISSIONS POLICY
15. CONTESTS AND GIVEAWAYS
Additional terms and conditions may apply to surveys, contests, giveaways, and other promotions sponsored by Wethm or its partners. It is your responsibility to carefully review those terms and conditions.
16. ALERTS AND NOTIFICATIONS
17. THIRD-PARTY SERVICES
The Wethm Service may display or permit linking or other access to or use of third-party content, promotions, websites, apps, services and resources (collectively “Third-Party Services”) that are not under Wethm’s control. This may include the opportunity for you to link your Wethm account, Wethm data, or the Wethm Service with Third-Party Services. We provide these links only as a convenience and are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with the Wethm Service, such as third party applications accessed on Wethm devices, are not part of the Wethm Service and are not controlled by Wethm, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services. You also acknowledge that these Terms and the Wethm Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services.
18. CHANGES TO THE WETHM SERVICE
Wethm may change or discontinue, temporarily or permanently, any feature, component, or content of the Wethm Service at any time without notice. Wethm is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, or content of the Wethm Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Wethm products without prior notice to you.
19. TERMINATION
20. DISCLAIMERS
THE Wethm SERVICE AND Wethm 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 Wethm SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Wethm Service or Wethm Content 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 Wethm Service or any Wethm Content.
21. INDEMNITY
You will indemnify and hold harmless Wethm 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 Wethm 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.
22. LIMITATION OF LIABILITY
NEITHER Wethm, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE Wethm 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 Wethm SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Wethm 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 Wethm’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE Wethm SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO Wethm FOR USE OF THE Wethm SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO Wethm, AS APPLICABLE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Wethm 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.
23. DISPUTE RESOLUTION
24. GENERAL TERMS
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Wethm and you regarding the Wethm Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Wethm and you regarding the Wethm Service and Wethm Content. 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 Wethm Service. When you use the Wethm Service after a modification becomes effective, you are telling us that you accept the modified Terms. 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 Wethm’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Wethm 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 Wethm under these Terms, including those regarding modifications to these Terms, will be given: (i) via email or (ii) by posting to the Wethm 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. Wethm’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 Wethm. 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.
25. 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.
WETHM TERMS FOR PAID SERVICES
These Wethm Terms for Paid Services (the “Paid Service Terms”) apply to your purchase and use of any paid Wethm services, including automatically renewing subscription, and one-time purchases. These Paid Service Terms only apply to services we offer for purchase, and do not apply to the sale of our physical goods (“Products”). For payment terms related to the sale of Products, please see our Terms of Sale. By purchasing or using a Paid Service, you agree to be bound by the Wethm Terms of Service, which incorporate these Paid Service Terms and include a mandatory arbitration provision, and any separate terms and conditions presented to you in conjunction with your use of the Paid Services. If you do not accept these terms, do not purchase, access, or use our Paid Services.
1. PAID SERVICES
Paid Services include content and personalized, interactive services. They may be one-time purchases or automatically renewing subscription services, like our Wethm Harmony Services (“Subscriptions”). Please see the product page for your specific Paid Services for more information. We may make changes to, suspend, or discontinue Paid Services at any time for any reason, and we have the sole discretion to determine which portions of the Wethm Service require payment.
2. SUBSCRIPTIONS
3. ONE-TIME PURCHASES
Certain Paid Services are one-time purchases, and not subscription-based. One-time purchases may not be canceled and you are not entitled to a refund for such services.
4. PAYMENT AND BILLING
You authorize Wethm to charge your chosen payment method for the Paid Services. By providing a payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Paid Service may be suspended or canceled. You must resolve any problem we encounter in relation to the payment method you select in order to proceed with your use of the Service. Please note that if you accept a promotional offer or make changes to your Paid Services, the amount billed may vary. It may also fluctuate due to changes in applicable taxes or currency exchange rates. You authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
5. REPRESENTATIONS, WARRANTIES, AND COVENANTS
Any Paid Services are personal to you and may not be used by any other person. You will not allow anyone else to use your Paid Services, and you will not transfer any Subscription or disclose your password to any other person. You will report to Wethm any unauthorized or prohibited use of your Paid Services.
CONTACT US
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.
You may contact us at our mailing address below.
Mellowing Factory Co. Ltd.
131, Sapyeong-daero 57-gil, Seocho-gu,
6th floor
Seoul, South Korea 06535