Welcome to Caeden, an innovative lifestyle brand that uses technology and design to inspire dynamic and engaged living.
YOUR ACCESS AND USE OF THE CAEDEN SERVICE IS SUBJECT TO (1) THESE TERMS OF SERVICE, (2) YOUR AGREEMENTS WITH THIRD PARTIES, SUCH AS YOUR APP STORE/PLATFORM OR DEVICE PROVIDER, AND (3) ALL APPLICABLE LAWS, RULES AND REGULATIONS. YOU MUST BE AT LEAST 18 YEARS OF AGE, OR THE AGE OF MAJORITY IN YOUR PLACE OF RESIDENCE, TO USE THE CAEDEN SERVICE. BY ACCESSING OR USING ANY PART OF THE CAEDEN SERVICE, YOU ACKNOWLEDGE THAT YOU ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU MAY NOT USE ANY PORTION OF THE CAEDEN SERVICE.
The website Caeden.com (the “Website”), mobile application (the “Caeden App”) and connected jewelry (the “Caeden Device”, collectively the “Caeden Service”) are provided by Caeden, Inc. (“Caeden,” “we,” “us,” “our”). The Caeden Device can be configured, monitored and contacted through the Caeden App. You may not resell use of, or access to, the Caeden Service to any third party. You may not use the Caeden Service for any commercial purpose without the prior written consent of Caeden.
Please see our privacy policy at www.caeden.com/legal/#privacy (“Privacy Policy”) for additional details with respect to how we maintain and respect the privacy of your personal information. You agree to our collection, use and sharing of your information as set forth in our Privacy Policy.
Caeden provides a limited warranty to you (if you are the original end purchaser of an applicable Caeden product) that the product is free from defects in workmanship and materials under normal use for a period of one (1) year from the original purchase date, subject to the limitations and terms of the warranty disclosure. You should read Caeden’s full warranty disclosure here www.caeden.com/legal/#warranty.
Caeden hereby grants you a limited, non-exclusive, revocable and non-transferable license to utilize and access the Caeden Service pursuant to the requirements and restrictions of these Terms of Service.
By accessing and using the Caeden Service, you represent and warrant that (a) all information that you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Caeden Service does not violate any applicable laws or regulations and will, at all times, be compliant with all additional terms and conditions as provided by us; (d) you will not interfere with, disrupt, or create an undue burden on the Caeden Service or the networks or services connected to the Caeden Service; and (e) you will use the Caeden Service solely for your personal purposes.
In order to use the Caeden Device, you will need to download and install the Caeden App. You represent and warrant that you have the right to install and operate the Caeden App on any mobile device you use in conjunction with the Caeden Device. You may uninstall the Caeden App at any time by deleting it from your mobile device in the same manner that you delete similar apps.
Caeden may suspend, terminate, change, update or otherwise modify the Caeden Service or the software on the Caeden Device or Caeden App at any time. If we do so, you may have to download a patch or new version in order to continue using certain features of the Caeden Service, or such updates may be automatically installed. In addition, these Terms of Service may be changed at any time without prior notice. We will make such changes by posting them on the Caeden site located at www.caeden.com/legal/#terms or by otherwise informing you of such changes. You should check for such changes frequently. Your continued access of the Caeden Service after such changes have taken effect conclusively demonstrates your acceptance of such changes.
In addition to any right or remedy that may be available to us under these Terms of Service or applicable law, we may suspend, limit or terminate your access to the Caeden Service at any time, with or without notice, in our sole discretion, in the event that (1) you have breached these Terms of Service or applicable law, or (2) such action is necessary to prevent harm to any party or liability to Caeden.
Any communication or material you transmit to us by electronic mail, social media or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and nonproprietary. Except to the extent expressly covered by our Privacy Policy, anything you transmit or post may be used by us for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and/or ranking. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services using such information.
The Caeden Service may provide you with forums to share user-generated content that you create. When using such forums, you agree that (i) you have the right to post all information and materials, (ii) all opinions expressed are genuinely held based upon your belief and consideration, (iii) you will not post any information or materials that is libelous, defamatory or invades any privacy or publicity rights of any third party; or is abusive, vulgar, hateful, obscene, scandalous, inflammatory or otherwise objectionable; or infringes any copyright, trademark, service mark, patent, trade secret or confidentiality obligation, or constitutes any other activity that we deem prohibited, in our sole discretion. You hereby grant us an irrevocable, perpetual, world-wide license to use, redact, edit, republish, sub-license, copy, and distribute the information and materials contained in any such postings in any medium now known or hereinafter developed without payment or compensation to you. We are under no obligation to screen or monitor such postings, but we may review them from time to time and make determinations as to what content is appropriate in our sole discretion. We may edit or remove any content at any time without notice. We disclaim all responsibility for any postings you may make and all liability arising therefrom. You agree to be solely liable for your postings and any information and materials that they contain.
We are the exclusive owner or authorized licensor of the Caeden Service, including all text, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained therein. Without limiting the foregoing, you acknowledge that the Caeden Service is the exclusive property of Caeden, and that you will not take any act inconsistent with our ownership rights or that may damage our ownership rights. You will not remove, obscure, modify or disable any proprietary notices from Caeden on any part of the Caeden Service. No part of the Caeden Service may be reverse engineered, decompiled or modified, nor may derivative works be created based on the Caeden Service, without the prior written consent of Caeden. All rights not granted under these Terms of Service are reserved by Caeden.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE SECTION ENTITLED “LIMITED WARRANTY FOR CAEDEN PRODUCTS”, ALL PARTS OF THE CAEDEN SERVICE ARE PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AND WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CAEDEN SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. WE SHALL NOT BE LIABLE FOR THE USE OF THE CAEDEN SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN, PROVIDED BY THIRD PARTIES.
CAEDEN DISCLAIMS ALL LIABILITY FOR, OR WARRANTIES FROM, THIRD PARTY SERVICES OR PRODUCTS USED IN CONNECTION WITH THE CAEDEN SERVICE, SUCH AS YOUR APP STORE/PLATFORM PROVIDER OR DEVICE MANUFACTURER.
IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, OR PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES, REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DIRECT DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, EXCEEDING THE GREATER OF (1) THE AMOUNT PAID BY YOU TO PURCHASE A CAEDEN PRODUCT FROM AN AUTHORIZED RETAILER, OR (2) FIFTY DOLLARS ($50).
Some states prohibit the limitation of warranties as set forth herein. If any part of these warranty disclaimers is found to be invalid or unenforceable for any reason, or if we are otherwise found to be liable to you, then our liability in such cases will be limited to the greatest extent permitted by law.
In the event of any breach of warranty or these Terms of Service, your sole remedy, and Caeden’s sole obligation, shall be as set forth in the section entitled “Limited Warranty for Caeden Products”; for you to stop using the Caeden Service; and/or for the dollar limitation set forth above.
You agree to indemnify, defend and hold Caeden, it subsidiaries, affiliates, officers, agents, representatives, and other partners and employees, harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising from, or related to (1) any breach by you of these Terms of Service, (2) your use of the Caeden Service, or (3) a violation by you of any applicable law, agreement or obligation to a third party.
The Caeden Service may provide you with links or access to other websites, services, products or content of third parties. You acknowledge and agree that you access such third party websites, services, products or content at your own risk and are wholly responsible for making your own independent judgments regarding your use or interaction with the same. Caeden has no control over, nor does Caeden endorse, these third party websites, services, products or content.
All online purchases of Caeden products are also governed by the terms and conditions of the applicable merchant provider. Please review the merchant provider’s user agreement and privacy policy before entering into any transaction with the merchant provider. All orders are subject to additional review and possible cancellation prior to shipment. The information in the Caeden Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. Caeden therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information on the Caeden Service at any time without prior notice, although Caeden shall be under no obligation to do so. Caeden further reserves the right, with or without prior notice, solely in accordance with applicable law, to refuse to fill any orders based on information on the Caeden Service that may contain errors or inaccuracies, including, without limitation, regarding pricing, shipping, payment terms, or return policies; to limit the available quantity of or discontinue any product or service; to impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; to bar any user from making any or all transactions; and/or to refuse to provide any user with any product or service.
The laws of the State of New York shall govern these Terms of Service, without regard to its conflict of laws principles. SUBJECT TO THE ARBITRATION SECTION BELOW, YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR ACCESS OR USE OF THE CAEDEN SERVICE. Any claims asserted by you in connection with the Caeden Service must be asserted in writing to Caeden within one (1) year of the date such claim first arose, or such claim is forever waived by you. You agree that monetary damages may not provide a sufficient remedy to Caeden for violation of these Terms of Service, and you therefore agree that Caeden may seek an injunction in a court of competent jurisdiction to prevent any harm to any party or liability to Caeden.
You hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning, or arising out of these Terms of Service. The arbitration will be conducted before a single arbitrator. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Caeden will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and us alone. Claims may not be joined or consolidated unless agreed to in a writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate a litigation or any other proceeding against Caeden in violation of this paragraph, you agree to pay Caeden’s reasonable costs and attorneys’ fees incurred in connection with its enforcement of this paragraph.
Caeden controls the Caeden Service from New York, New York, United States of America. Caeden makes no representation that the Caeden Service is appropriate for use in other locations. If you use the Caeden Service from other locations you are responsible for ensuring compliance with all applicable laws in that jurisdiction.
You may not use, export, or re-export the Caeden Service in violation of any applicable laws or regulations, including, but not limited to, any United States export laws and regulations. By using the Caeden Service, you represent and warrant that 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 you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple Inc. is not a party to these Terms of Service. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Caeden App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Caeden App. You acknowledge that Apple is not responsible for addressing any claims relating to the Caeden App or your possession and/or use of the Caeden App, including, but not limited to: (i) product liability claims; (ii) any claim that the Caeden App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. We, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service, and Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary thereof.
Please read the CAEDEN DEVICE Product Guide, Safety Information and Manufacturer Declarations carefully and completely before using the CAEDEN DEVICE. Include thE product guide when passing the CAEDEN DEVICE on to third parties.
CAUTION: THE CAEDEN DEVICE is not a medical device and is not intended to diagnose, treat, mitigate, cure or prevent any disease.
CAUTION: Consult your doctor before beginning or modifying any exercise regimen AND before using the CAEDEN DEVICE if you have any preexisting conditions that might be affected by your use of the CAEDEN DEVICE.
CAUTION: THE CAEDEN DEVICE contains small parts that can be a choking hazard. Keep out of the reach of children and pets to prevent accidents.
CAUTION: THE CAEDEN DEVICE contains magnets that generate a magnetic field and may cause interference with electronic equipment. If using a medical device, including but not limited to a cardiac pacemaker and implanted defibrillator, please consult a physician and the manufacturer of you medical device before wearing and handling THE CAEDEN DEVICE.
To reduce the risk of fire or electric shock, do not charge the CAEDEN DEVICE near water or expose it to rain or moisture. Prolonged exposure to salt water or chemically treated water will result in loss of water resistance.
If battery is swallowed, immediately seek medical help as serious injury may occur. Do not use an obviously defective product.
CAUTION: THE DEVICE MAY CAUSE SKIN IRRITATION.
PROLONGED CONTACT MAY CONTRIBUTE TO SKIN IRRITATION OR ALLERGIES IN SOME USERS. IF YOU NOTICE ANY SIGNS OF SKIN REDNESS, SWELLING, ITCHINESS OR OTHER SKIN IRRITATION, PLEASE DISCONTINUE USE OR WEAR THE PRODUCT CLIPPED OVER A PIECE OF CLOTHING. CONTINUED USE, EVEN AFTER SYMPTOMS SUBSIDE, MAY RESULT IN RENEWED OR INCREASED IRRITATION. IF SYMPTOMS PERSIST, CONSULT YOUR DOCTOR.
BEFORE GETTING YOUR SONA DEVICE WET, PLEASE REFER TO CAEDEN.COM FOR SPECIFIC INFORMATION REGARDING WATER RESISTANCE.
WARNING: THIS PRODUCT CONTAINS BPA, A CHEMICAL KNOWN TO THE STATE OF CALIFORNIA TO CAUSE BIRTH DEFECTS OR OTHER REPRODUCTIVE HARM.
THE HEART RATE TRACKING FEATURE WORKS BEST WHEN THE PRODUCT IS WORN SNUGLY.
THIS DEVICE COMPLIES WITH FCC PART 15 FCC RULES. OPERATION IS SUBJECT TO THE FOLLOWING TWO CONDITIONS:
CHANGES OR MODIFICATIONS NOT EXPRESSLY APPROVED BY SONA, INC. COULD VOID THE USER’S AUTHORITY TO OPERATE THE EQUIPMENT. NOTE: THIS EQUIPMENT HAS BEEN TESTED AND FOUND TO COMPLY WITH THE LIMITS FOR A CLASS B DIGITAL DEVICE, PURSUANT TO PART 15 OF THE FCC RULES. THESE LIMITS ARE DESIGNED TO PROVIDE REASONABLE PROTECTION AGAINST HARMFUL INTERFERENCE IN A RESIDENTIAL INSTALLATION. THIS EQUIPMENT GENERATES, USES AND CAN RADIATE RADIO FREQUENCY ENERGY AND, IF NOT INSTALLED AND USED IN ACCORDANCE WITH THE INSTRUCTIONS, MAY CAUSE HARMFUL INTERFERENCE TO RADIO COMMUNICATIONS. HOWEVER, THERE IS NO GUARANTEE THAT INTERFERENCE WILL NOT OCCUR IN A PARTICULAR INSTALLATION. IF THIS EQUIPMENT DOES CAUSE HARMFUL INTERFERENCE TO RADIO OR TELEVISION RECEPTION, WHICH CAN BE DETERMINED BY TURNING THE EQUIPMENT OFF AND ON, THE USER IS ENCOURAGED TO TRY TO CORRECT THE INTERFERENCE BY ONE OR MORE OF THE FOLLOWING MEASURES:
THIS DEVICE MEETS THE FCC AND IC REQUIREMENTS FOR RF EXPOSURE IN PUBLIC OR UNCONTROLLED ENVIRONMENTS.
THIS DEVICE COMPLIES WITH INDUSTRY CANADA LICENCE-EXEMPT RSS STANDARD(S).
OPERATION IS SUBJECT TO THE FOLLOWING TWO CONDITIONS: (1) THIS DEVICE MAY NOT CAUSE INTERFERENCE, AND (2) THIS DEVICE MUST ACCEPT ANY INTERFERENCE,INCLUDING INTERFERENCE THAT MAY CAUSE UNDESIRED OPERATION OF THE DEVICE.
DECLARATION OF CONFORMITY WITH REGARD TO THE EU DIRECTIVE 1999/5/EC.
CAEDEN INC. IS AUTHORIZED TO APPLY THE CE MARK ON ITS PRODUCT, THEREBY DECLARING CONFORMITY TO THE ESSENTIAL REQUIREMENTS AND OTHER RELEVANT PROVISIONS OF DIRECTIVE 1999/5/EC AND OTHER APPLICABLE DIRECTIVES.
THE SYMBOL ON THE PRODUCT OR ITS PACKAGING SIGNIFIES THAT THIS PRODUCT HAS TO BE DISPOSED SEPARATELY FROM ORDINARY HOUSEHOLD WASTES AT ITS END OF LIFE. PLEASE KINDLY BE AWARE THAT IT IS YOUR RESPONSIBILITY TO DISPOSE ELECTRONIC EQUIPMENT AT RECYCLING CENTERS SO AS TO HELP CONSERVE NATURAL RESOURCES. EACH COUNTRY IN THE EUROPEAN UNION SHOULD HAVE ITS COLLECTION CENTERS FOR ELECTRICAL AND ELECTRONIC EQUIPMENT RECYCLING. FOR INFORMATION ABOUT YOUR RECYCLING DROP OFF POINT, PLEASE CONTACT YOUR LOCAL RELATED ELECTRICAL AND ELECTRONIC EQUIPMENT WASTE MANAGEMENT AUTHORITY OR THE RETAILER WHERE YOU BOUGHT THE PRODUCT.
PLEASE RECYCLE!
Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect. These Terms of Service, together with any additional terms and conditions or policies referred to and incorporated herein, constitute the entire understanding between you and us. Please contact us at: support@caeden.com with any questions regarding these Terms of Service.
These Terms of Service are effective and were last updated on July 5, 2016.
