WaCare – Terms of Service

The goal of WaCare is to constitute a social network of Lifestyles of Health and Sustainability. Through the sharing and pushing of member information and health information among the members of the network, the health status of each member is taken care of each other, thus to achieve immediate care and health promotion effect.

The following Terms of Use (“Agreement”) are provided by La Vida Tec Co., Ltd. (“La Vida” or “We”). The Agreement applies to your use of All services provided by La Vida. (the Service(s)), including but not limited to any hardware, mobile applications, web applications, or other services. By accessing or using the Services, you are entering into this Agreement and agreeing to be bound by its terms. Please read this Agreement carefully, and do not sign up for an account if you are unwilling or unable to be bound by this Agreement.

By agreeing to this Agreement you are also representing that you are of the appropriate legal age and have full authority and capacity to validly enter into such an Agreement.

If you have limited authority and legal capacity to validly enter into such Agreement, you shall seek for your parents (or other guardian who has such authority) consent and approval before you use the Services and enter this Agreement. Your usage represents that you have obtained such consent and approval properly.

If you have no authority and legal capacity to validly enter into such Agreement, you yourself are not permitted to use the Service or to enter into this Agreement. Therefore, please ask for your parents or other guardian who has such authority) to handle this for you.

SERVICES

The purpose of our Services is to integrate health and fitness data set up by users, so that your relatives and friends who care about you are enabled to track the progress and urge you to move toward your goals and your own health status. The Services include uploading personal health data from your wearable devices or medical devices to your smartphone or tablet (“Hardware”), and installed in your smartphone or tablet to receive Mobile applications and other services for personal health data uploaded by your wearable device or medical device
You may download the mobile application first via Apple ITunes, the Google Play Store, or other similar services before you can use it.

We reserves the right, in its sole discretion, to modify or replace all or any part of the Agreement(including, without limitation, pricing and payment terms set forth in Fees and Payment), or change, suspend, or discontinue all or any part of the Services at any time by posting a notice or by sending you an email. You have the responsibility to check the Agreement for changes frequently. Your continued use of the Services following the posting of any changes to the Agreement constitutes acceptance of those changes.

YOUR ACCOUNT

Any information you provide to La Vida Tec Co., Ltd. shall be accurate and complete. You are solely responsible for the activity that occurs on your account or password and for maintaining the security of the mobile application and web application, and any information you input to the mobile application and web application. You are NOT permitted to use or access another user’s account without such other user’s express permission. You will be required to immediately notify WaCare in writing of any unauthorized use of your account, or any other account-related security breach of which you are aware of.

COLLECTION and USE of PERSONAL INFORMATION

If you create, transmit, submit, display or otherwise make available information (including, without limitation, information you have made available automatically through connection of the hardware to the mobile application(s)) while using the Services, you may provide only information that you own or have the right to use. When you provide access to any such information through the Services, you give LA VIDA a license to fully use and exploit that information in connection with providing you the Services. However, in terms of Personal Information (as defined in the Privacy Policy), LA VIDA may only use the information you provide as permitted by the LA VIDA Privacy Policy and applicable law. Please DO review our Privacy Policy for more information regarding how we use and disclose your personal information.

REVIEWS AND COMMENTS

If you post content or submit material, and unless we indicate otherwise, you grant LA VIDA a nonexclusive, free, permanent, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant LA VIDA and all sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify LA VIDA for all claims resulting from content you supply. LA VIDA has the right but no obligation to monitor, edit or remove any activity or content. LA VIDA takes no responsibility and assumes no liability for any content posted by you or any third party.

NO MEDICAL ADVICE

We do NOT offer any medical treatment or diagnose, but only offer a way for users to seek medical advice. Our Services are not intended to be a substitute for professional medical services and are offered for informational purposes only. You may seek the advice of your physician or other qualified health provider with any questions regarding your medical condition or the use (or frequency) of any medication or medical device. You may also seek for medical advice from professionals through WaCare. LA VIDA will NOT be held responsible for any advice offered by professionals through WaCare. You are solely responsible for any decisions or actions you take based on the information and materials available through the Services. Reliance on any information provided by LA VIDA or in connection with the Services is solely at your own decision and risk.

Third Party Sites and Services

WaCare may contain links to, or contact information for, third party sites or services. LA VIDA is not responsible for, and does not endorse, any third-party content, sites, or services including, without limitation, any health care providers, products, tests, procedures, services, opinions, or web sites accessed or mentioned on the Services.

LA VIDA may also enter into cooperation with third-parties, which will allow you to share your personal data with them. Whether to share your personal data with these third-parties will be decided by you. Please decide whether you want to share personal data with these third-parties only after you fully understand the instructions offered by LA VIDA and these third-parties. Sharing of your personal data with third-parties is solely at your own decision and risk.

Rules of Conduct

You hereby promise not to use the Services for any purpose that is prohibited by the Agreement or other rules or policies implemented by LA VIDA. The Services are provided only for your own personal, non-commercial use.

You shall not (and shall not permit any third party to) take any action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; or (iv) impersonates any person or entity; (v) impose or may impose an unreasonable or disproportionately large load on LA VIDA (or its third party providers) infrastructure; (vi) interfere or try to interfere with the proper working of the Services; (vii) bypass any measures LA VIDA used to prevent or restrict access to the Services (or parts thereof); (viii) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction; (ix) modify, translate, or otherwise create derivative works of any part of the Services; or (x) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.

Notifications of WaCare

WaCare will send automated notifications from time to time. For example, we may send you a notification when there is any change in your WaCare account. Some of the notifications may allow you to set, cancel, or restart manually. WaCare may also add new notices at any time, or discontinue providing certain notices.

Notifications sent via WaCare are not encrypted, so we will never mention your password in the notifications. However, anyone who can read your emails is still able to still view the contents of these notifications because the notifications sent may still include additional personal information about your account, such as health information, Olympic sports competition rankings, or frequency of performing health tasks.

You have already understood and agreed that any notices provided to you via the Mobile Apps and Web Apps may be delayed or intercepted. LA VIDA will provide prompt notice and accurate information with our best effort. However, we can not guarantee the success of the notice, nor can we guarantee the correctness of the contents of the notice. You also agree that WaCare will not be held liable for any errors, delays, inadvertently notified, improper notice or notices and will not be liable to you or any third party for any action you have taken or failed to rely on.

Commercial Use of the Services

If you are interested in using our Services in a professional or commercial environment or for any non-personal use purpose, you must contact LA VIDA to obtain and agree to other written terms and conditions.

Limitation of Liability

WITHIN THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LA VIDA (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST OF PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR YOUR RELIANCE ON THE SERVICE (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE APPLICABLE CLAIM OR (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF LA VIDA HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.

USER SUPPORT

LA VIDA offers email-based and online support tools for our users. You may access support resources or contact us by visiting https://www.wacare.live, LA VIDA does not make any promises regarding how quickly we will respond to your request for support, or that we will be able to fix any problems you may be having. Any suggestions by LA VIDA regarding use of the Services shall not be deemed as a warranty.

Service Termination Notice

LA VIDA may terminate your access to all or any part of the Services at any time if you fail to comply with the Agreement. This may result in the forfeiture and destruction of all information associated with your account and will immediately terminate your ability to use the Services in any way. If you wish to terminate your account, you may do so by ceasing use of the Services, and deleting the mobile app. All provisions of the Agreement, which by their nature should survive termination, shall survive termination, including but not limited to warranty disclaimers, indemnity and limitations of liability. Further, we will retain the aggregated, non-personally identifiable information and data, which may be generated from or based on the information relevant to your account, even after you deactivate or terminate your account. Please see the Privacy Policy.

Warranty Disclaimer

The Services are provided “as is” and “as available” and, to the fullest extent permitted by laws, is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. LA VIDA and its directors, employees, agents, suppliers, sponsors and partners do not warrant that: (a) the Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Service is free of viruses or other harmful contents; or (d) the results of using the Service will meet your requirements. Your use of the Service is solely at your very own risk.

Indemnification

You agree to indemnify LA VIDA, its affiliates and their employees, contractors, directors and suppliers for any reason whatsoever in connection with: (1) your use of or abuse of the Services; or (2) your breach of this Agreement or any other legal, contractual, ALL LIABILITY, LOSS, CLAIMS, COSTS (INCLUDING LIABILITY AND LEGAL FEES).

ARBITRATION AGREEMENT

A printed version of the Agreement and of any notice given in electronic form shall be admissible in any judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that any request, arbitration or judicial proceeding relating to or arising out of the Service should be made within one year of the date of the occurrence of the claim, arbitration or judicial proceeding. This agreement is governed by the laws of Taiwan (the Republic of China), and excludes the application of any foreign law. Any dispute arising out of or in connection with this Agreement shall be submitted to the ROC Arbitration Association for arbitration in Taipei pursuant to the Arbitration Law of the Republic of China and the arbitration rules of the Association. The language of arbitration shall be English. The Arbitration decision shall be final and binding upon both parties.

DIFFERENCES IN VERSIONS

This agreement is drafted in Chinese and English, while both versions are identical and shall at the same legal status. In case of any discrepancy or contradiction in between, the Chinese version shall prevail.

MISCELLANEOUS

This Agreement covers all the terms you and us make with respect to the services we provide and supersedes all previous oral, written or electronic communications. If any or any part of the provisions of this Agreement is invalid, the terms and conditions will be limited to the maximum extent permitted by law applicable, so that this Agreement is still valid and can be implemented. The failure of either party to exercise its rights does NOT mean that he waives the rights conferred under this Agreement. This Agreement is for you only, and you will not obtain any representation, partnership, joint venture or employment with LA VIDA without the prior written consent of LA VIDA if you wish to assign rights or obligations.

If you have any questions about the service, please contact us: https://www.wacare.live