These Terms of Service (“Terms”) are a legal agreement between you and Deep Care US Inc. (“Deep Care,” “we,” “us,” or “our”).
Address: 120 Wall Street, 20th Floor, New York, NY 10005
Phone: +1 (332) 529-4645
Email: info@deep-care.com
These Terms govern your access to and use of:
(a) our websites and online storefronts that link to these Terms (the “Site”),
(b) our hardware products (the “Device”),
(c) our mobile application and related software (the “App”), and
(d) any subscription, membership, digital features, content, insights, or services we offer (the “Subscription Services”).
The Site, Device, App, and Subscription Services are collectively the “Services.”
If you do not agree to these Terms, do not use the Services or place an order.
Your use of the Services is also subject to:
These policies are incorporated by reference and form part of these Terms.
You must be at least 18 years old (or the age of majority where you live, if higher) to purchase the Device or subscribe to Subscription Services. By using the Services, you represent that you meet this requirement.
We may update the Services and these Terms from time to time. If we make material changes, we will post the updated Terms with a new “Last Updated” date. Your continued use after changes become effective means you accept the updated Terms.
You may need an account to use certain features. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us promptly of any unauthorized use.
Your order is an offer to purchase. We may accept or decline your order for any reason to the extent permitted by law. Order confirmation does not necessarily mean final acceptance; acceptance typically occurs when we ship the Device or otherwise make the product or service available.
Prices are shown in the currency displayed at checkout and exclude shipping unless stated otherwise. We may change prices at any time, but changes do not affect accepted orders.
We will collect sales tax, use tax, VAT, GST, or similar transaction taxes when required. Tax is calculated at checkout based on your shipping address and other legally relevant factors. We may use automated tax calculation tools and tax service providers to determine applicable tax.
Payments may be processed by third-party payment processors (for example, credit card networks or payment service providers). We do not store full payment card numbers on our servers.
If you select “Flex | Pay with HSA/FSA,” your checkout may be handled through Flex and may include eligibility checks, auto-substantiation, a letter of medical necessity flow, and/or a split payment flow where some amounts are paid by HSA/FSA card and others by a non-HSA/FSA card. Flex is a third party, and your use of Flex may be subject to Flex’s terms and privacy practices.
You are responsible for confirming whether a purchase is eligible under your specific HSA/FSA plan. We do not provide tax advice.
Shipping options, costs, and estimated delivery times are shown at checkout and further described in our International Shipping Policy.
Title to the Device passes to you upon our receipt of full payment (unless otherwise required by law). Risk of loss transfers to you upon delivery to the carrier, to the extent permitted by law. If applicable law requires risk of loss to transfer at delivery to you, then risk transfers upon delivery to you.
If your order is offered with a 20-day trial (“Trial”), the Trial terms described in our Return Policy apply. In summary:
If your order does not explicitly include a Trial, the standard return rules apply.
Some features require a paid subscription. Subscription pricing, billing frequency, and included features are described at checkout or within the App.
IF YOU PURCHASE A SUBSCRIPTION, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND YOU AUTHORIZE US (AND OUR PAYMENT PROCESSORS) TO CHARGE YOUR PAYMENT METHOD AT THE STATED INTERVAL (E.G., MONTHLY OR ANNUALLY) UNTIL YOU CANCEL.
By completing the subscription purchase, you provide affirmative consent to the auto-renewal terms and to recurring charges.
After you provide affirmative consent, we will provide an acknowledgement (e.g., by email or within your account) that is capable of being retained and that includes subscription terms, charges, billing frequency, the deadline to avoid future charges, and instructions for cancellation.
You can cancel at any time using a simple cancellation mechanism that is as easy to use as the method you used to sign up. Typically, you can cancel:
(a) through your account settings in the Site or App, and/or
(b) by contacting us at info@deep-care.com, and/or
(c) by phone at +1 (332) 529-4645.
Cancellation becomes effective at the end of your then-current billing period unless otherwise stated at checkout.
If your subscription includes a free trial or promotional price, we will clearly disclose how long the trial or promotional period lasts, when you will be charged, and the amount you will be charged after the trial or promotional period ends. Unless you cancel before the end of the free trial, we will charge your payment method for the first paid period.
We may change subscription prices for future billing periods. If a price increase applies to you, we will provide notice as required by applicable law and, where required, obtain your affirmative consent or provide legally required cancellation/refund rights.
Except where required by law or expressly stated in writing, subscription fees are non-refundable and we do not provide prorated refunds for unused time after cancellation.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the App for your personal, non-commercial use in connection with the Device and Services.
You may not (and may not allow others to):
- copy, modify, or create derivative works of the App or Services,
- reverse engineer, decompile, or attempt to extract source code (except to the extent permitted by law),
- interfere with or disrupt the Services,
- use the Services to develop competing products or services,
- misuse the Device, App, or Services in a way that could harm others or violate law.
If you download the App from Apple’s App Store or Google Play, you also agree to the applicable third-party store terms. Those third parties are not responsible for the Services.
“User Content” means any content you submit to us (e.g., support messages, reviews, feedback). You grant us a worldwide, non-exclusive, royalty-free license to use User Content to operate, improve, and market the Services.
If you provide feedback or suggestions, you agree we may use them without restriction or compensation.
The Services, including software, text, graphics, logos, and trademarks, are owned by Deep Care or its licensors and are protected by law. Except for the limited license above, no rights are granted.
If we provide a written limited warranty for the Device, it will be described in the warranty materials included with the Device or on a dedicated warranty page. That warranty (if any) is the exclusive warranty we provide for the Device.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES (INCLUDING THE SITE, APP, AND ANY CONTENT OR INSIGHTS) ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Some states do not allow certain warranty disclaimers or limitations, so some of the above may not apply to you.
THE DEVICE AND SERVICES ARE INTENDED FOR GENERAL WELLNESS PURPOSES ONLY AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. WE DO NOT PROVIDE MEDICAL ADVICE. SEE THE HEALTH DISCLAIMER FOR IMPORTANT INFORMATION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
(A) DEEP CARE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(B) DEEP CARE’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO DEEP CARE FOR THE PRODUCT OR SERVICE THAT GAVE RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY (OR $100 IF YOU PAID NOTHING), WHICHEVER IS GREATER.
Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.
You agree to indemnify and hold harmless Deep Care and its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from your misuse of the Services, your violation of these Terms, or your violation of any law or third-party right.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Before initiating arbitration or a court proceeding, you agree to contact us at info@deep-care.com and provide a brief written description of the dispute and your contact information. The parties will attempt in good faith to resolve disputes informally for at least thirty (30) days.
Except as stated in Section 17.3, you and Deep Care agree that disputes arising out of or relating to these Terms or the Services will be resolved by binding arbitration on an individual basis, not in court. This arbitration agreement is governed by the Federal Arbitration Act.
The arbitration will be administered by the American Arbitration Association (“AAA”) under its consumer arbitration rules, as modified by these Terms, and may be conducted by videoconference unless an in-person hearing is required by law or the arbitrator.
Either party may bring:
(a) an individual action in small claims court, if eligible, or
(b) an action for injunctive relief to stop unauthorized use or infringement of intellectual property rights.
YOU AND DEEP CARE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.
You may opt out of arbitration by sending an email to info@deep-care.com within thirty (30) days of first accepting these Terms, with the subject line “Arbitration Opt-Out” and your name and the email address associated with your account or order. Opting out will not affect any other part of these Terms.
If the class action waiver is found unenforceable, the arbitration agreement will be unenforceable only as to class claims. If any other portion of this dispute resolution section is found unenforceable, the remainder will remain in effect.
These Terms and any dispute not subject to arbitration are governed by the laws of the State of New York, without regard to conflict of laws rules. Subject to the arbitration section, you agree to personal jurisdiction and venue in the state and federal courts located in New York County, New York.
These Terms and the incorporated policies are the entire agreement between you and Deep Care regarding the Services.
You may not assign these Terms without our consent. We may assign these Terms to an affiliate or successor.
If any provision is unenforceable, the remaining provisions remain in effect.
You consent to receive communications electronically (e.g., by email or within the Services) and agree that such communications satisfy legal requirements.
