Terms of Use – Hume Health Corp.
For new customers, the updated Terms of Use are effective as of September 28, 2026. For existing customers, they take effect on October 28, 2026. If you are an existing customer and do not agree to the updated Terms of Use, you must discontinue use of the Hume Services and close your account. A summary of key changes is listed below for your convenience:
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Arbitration: we have changed the arbitration provider and process for resolving disputes to New Era ADR and its virtual expedited arbitration process.
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Expanded coverage: the Terms now cover all Products and Services offered by Hume, including the Hume Band, Hume Pod, the Hume App, and the Hume Premium subscription.
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Data practices: we may use your health data for de-identified research and retain de-identified data after your account is closed.
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Governing law: New York law now governs the Terms.
1. AGREEMENT, ACKNOWLEDGEMENT, AND ACCEPTANCE OF TERMS & SERVICES
The following Terms of Use (“Terms”) apply to and govern your access to and use of any website (including https://myhumehealth.com, hereinafter referred to as the “Site”), mobile website, mobile application (including Hume Health, hereinafter referred to as the “App”), social media site, products (including the Hume Band wearable and Hume Pod body composition scale, hereinafter jointly referred to as the “Products”), software, email exchange of information, and any other digital platform, including any services, features, pages, and functions contained or offered therein, including any transactions, orders, sales, purchases, or the acquisition of goods or other Products that are owned, operated, or provided by Hume or any of its subsidiaries or affiliates (collectively, the Services”).
IMPORTANT NOTICE: THE FOLLOWING TERMS CONTAIN A BINDING ARBITRATION PROVISION THAT AFFECTS YOUR LEGAL RIGHTS. EXCEPT AS REQUIRED BY APPLICABLE LAW, DISPUTES BETWEEN YOU AND HUME WILL BE RESOLVED THROUGH BINDING ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION CAREFULLY.
These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Hume, concerning your use of the Services. By using the Services, you represent and warrant that you are at least the legal age of majority in the jurisdiction in which you reside, and that you have read, understood, and agreed to be bound by these Terms. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) OR YOU DO NOT AGREE WITH THESE TERMS, THEN YOU ARE NOT AUTHORIZED TO USE THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update the Services and/or these Terms at any time and at our sole discretion. Any changes to the Services and/or Terms will be effective immediately upon posting and you agree to the new posted Terms by continuing your use of the Service. It is your responsibility to check periodically for any changes we may make to these Terms. The date of the last update of the Terms is indicated at the top of these Terms. These Terms affect your legal rights, responsibilities, and obligations, govern your use of the Service, are legally binding, limit Hume’s liability to you, require you to indemnify Hume, and to settle certain disputes through arbitration. Your continued use of the Services affirms your agreement to these Terms. If you do not wish to be bound by these Terms or any future modifications or amendments to these Terms, do not use our Service.
2. GENERAL WELLNESS AND MEDICAL DISCLAIMER
THE SERVICES, INCLUDING ALL HUME PRODUCTS, THE APP, WEBSITE, AND ANY AI-POWERED FEATURES, ARE INTENDED FOR GENERAL WELLNESS AND INFORMATIONAL PURPOSES ONLY. HUME DOES NOT PRACTICE MEDICINE OR PROVIDE MEDICAL ADVICE, CLINICAL GUIDANCE, DIAGNOSIS, TREATMENT, OR HEALTHCARE SERVICES.
ANY BODY COMPOSITION MEASUREMENTS, WELLNESS METRICS, HEALTH SCORES, BIOLOGICAL AGE ESTIMATES, LONGEVITY PROJECTIONS, INSIGHTS, RECOMMENDATIONS, COACHING, OR OTHER DATA OR INFORMATION PROVIDED THROUGH THE SERVICES ARE FOR GENERAL WELLNESS AND INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE USED FOR MEDICAL DIAGNOSIS, TREATMENT, OR OTHER CLINICAL DECISION-MAKING OR AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE.
HUME DOES NOT WARRANT THAT ANY DATA OR METRICS GENERATED BY THE SERVICES ARE CLINICALLY ACCURATE, COMPLETE, PRECISE, OR SUITABLE FOR ANY MEDICAL OR CLINICAL PURPOSE. DEVICE MEASUREMENTS MAY VARY BASED ON FACTORS INCLUDING HYDRATION, PHYSICAL ACTIVITY, BODY POSITION, ENVIRONMENTAL CONDITIONS, AND INDIVIDUAL PHYSIOLOGICAL DIFFERENCES.
THE SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION AND ARE NOT INTENDED FOR CLINICAL, DIAGNOSTIC, OR THERAPEUTIC USE. UNLESS EXPRESSLY STATED OTHERWISE FOR A PARTICULAR PRODUCT OR FEATURE, THE SERVICES HAVE NOT BEEN CLEARED OR APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION OR ANY OTHER REGULATORY AUTHORITY FOR ANY MEDICAL PURPOSE.
HUME DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TEST, HEALTHCARE PROVIDER, PRODUCT, PROCEDURE, TREATMENT, OPINION, OR OTHER INFORMATION THAT MAY BE REFERENCED THROUGH THE SERVICES.
ALWAYS CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL REGARDING ANY MEDICAL CONDITION OR HEALTH CONCERN. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF INFORMATION OBTAINED THROUGH THE SERVICES.
The Services are not intended for distribution to or use in any jurisdiction where such distribution or use would violate applicable law or subject Hume to additional registration requirements. Users who access the Services from other jurisdictions are responsible for compliance with applicable local laws.
3. OWNERSHIP OF SERVICES
The Services and all of its content, including without limitation all copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, source code, databases, functionality, website designs, audio, video, photographs, as well as the selection and arrangement thereof, and all other intellectual property (collectively referred to as the “Content”), are all proprietary and owned or controlled by Hume. All right, title, and interest in and to the Content available via the Service is the exclusive property of and owned by Hume and is protected by United States and international copyright, trademark, trade dress, patent or other intellectual property and unfair competition rights and laws to the fullest extent possible.
Hume grants you a limited, revocable, nontransferable license to temporarily download one copy of the Service for personal, non-commercial transitory viewing only. This is not a transfer of title, right, or interest in the Service or Content. The license does not give you the right to, and you are strictly prohibited from, modifying or copying the Content, using the Content for any commercial purpose, publicly displaying the Content, attempting to decompile or reverse engineer the Content, removing any copyright, trademark, or other proprietary notations from the Content, or otherwise infringing upon the intellectual property rights of Hume. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Hume at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The Content and Services are provided on an “AS IS” basis for your personal, non-commercial use only. You may not access or use the Services for any purpose other than the purposes for which Hume makes them available, and you may not use the Services in connection with any commercial endeavor except as expressly authorized by Hume in writing.
In connection with your use of the Services, you agree that you will not:
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violate any applicable law, regulation, court order, or other legal requirement;
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infringe, misappropriate, or otherwise violate Hume’s or any third party’s intellectual property, privacy, publicity, or other proprietary rights;
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use the Services or any information obtained through the Services to harass, abuse, threaten, intimidate, impersonate, defraud, mislead, or otherwise harm any person;
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make improper use of Hume’s customer support or other reporting mechanisms, including by submitting false or misleading reports;
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interfere with, disrupt, damage, or impose an unreasonable burden on the Services or any systems or networks connected to the Services, including through viruses, Trojan horses, malicious code, denial-of-service attacks, spam, packet or IP spoofing, or similar methods or technologies;
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access, tamper with, or use non-public areas of the Services, Hume’s systems, or the systems of Hume’s service providers;
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probe, scan, or test the vulnerability of any system or network, or breach, circumvent, disable, impair, remove, or otherwise interfere with any security, authentication, access-control, copy-protection, or other technological measure used in connection with the Services;
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scrape, crawl, spider, mine, systematically retrieve, or otherwise extract data or Content from the Services, whether manually or through automated means, for purposes of creating or compiling a collection, database, directory, dataset, or other repository, except through standard search engine or Internet browser functionality;
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use, launch, develop, or distribute any robot, spider, scraper, offline reader, script, data-mining tool, automated system, or other software to access or interact with the Services without Hume’s prior written authorization;
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display, mirror, frame, or link to the Services, or use any Hume trademark, logo, proprietary information, page layout, or design, without Hume’s prior written consent;
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copy, adapt, modify, decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code or underlying structure of any software comprising or used to provide the Services, except to the extent such restriction is prohibited by applicable law;
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remove, alter, or obscure any copyright, trademark, or other proprietary rights notice appearing in or on the Services or Content;
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collect usernames, email addresses, account information, or other information about users for unsolicited communications, unauthorized data collection, or other unauthorized purposes;
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create accounts through automated means, under false pretenses, or using another person’s identity, credentials, or username;
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upload, transmit, or use any technology or mechanism intended to collect or transmit information from users without authorization, including web bugs, tracking pixels, spyware, or similar technologies;
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use any buying or purchasing agent to make purchases through the Services without Hume’s authorization;
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sell, transfer, or otherwise assign your account or profile;
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use the Services or Content to advertise or offer to sell goods or services, compete with Hume, or for any revenue-generating or other commercial purpose not expressly authorized by Hume in writing; or
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encourage, assist, permit, or enable any third party to engage in any of the foregoing activities.
Hume reserves the right, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Service, or any portion of the Service, for any reason; (2) to modify or change the Service, or any portion of the Service, and any applicable policies or terms; and (3) to interrupt the operation of the Service, or any portion of the Service, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
By directly sending us any question, comment, suggestion, idea, image, feedback, or other information through, related to, or about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own the Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You further acknowledge and agree that by sending us Submissions, you:
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confirm that you have read and agree with these Terms and will not post, send, publish, upload, or transmit any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
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to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
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warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
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warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
The Services are intended for use only on devices running an unmodified, manufacturer-approved operating system. You agree not to use the Services on devices with modified operating systems (including “jailbroken” or “rooted” devices), as such modifications may compromise the security of your health data.
5. PRODUCTS
Hume Products, including the Hume Band and Hume Pod, are subject to a separate limited warranty as described on our website, which constitutes the sole and exclusive warranty for such Products. Products are designed for personal, non-commercial use only. You agree to use Products only in accordance with the instructions and guidelines provided. You assume all risk associated with your use of Products, including any health, wellness, or fitness activities undertaken in reliance on Product data. We are not responsible for any damage or malfunction resulting from misuse, improper handling, unauthorized modifications, exposure to liquids or extreme conditions, or use of Products in conditions outside their intended specifications.
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. Products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any Product at any time for any reason. Prices are subject to change.
6. PURCHASES AND PAYMENT
We accept the following forms of payment:
- PayPal
- Discover
- American Express
- Mastercard
- Visa
- Klarna
- Google Pay
- Apple Pay
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
If you purchase a subscription to premium features of the App (such as Hume Premium membership), your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel your subscription at any time through the App or by contacting us at support@myhumehealth.com. Cancellation will take effect at the end of the current billing period, and you will continue to have access to premium features until that time. We reserve the right to change subscription pricing at any time, and any price changes will be communicated to you in advance and will apply to your next billing cycle.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
7. RETURN/REFUNDS POLICY
Please review our Return Policy posted on the Services prior to making any purchases.
8. SOFTWARE
We may include software for use in connection with our Services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Terms. Any software and any related documentation is provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Terms.
9. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.
10. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms against you as a third-party beneficiary thereof.
11. ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
The Services may integrate with or connect to third-party services, applications, or platforms (such as Apple Health, Google Fit, Samsung Health, Fitbit, or Garmin). We are not responsible for the availability, accuracy, content, or privacy practices of any third-party services. Your use of any third-party services is subject to the terms and conditions of those services. We do not endorse, warrant, or guarantee any third-party services or their compatibility with our Services. You acknowledge that enabling third-party integrations may result in your data being shared with those third parties in accordance with their respective privacy policies.
12. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
13. PRIVACY POLICY
We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Your health and wellness data collected through Hume Products may be used to provide personalized insights and to improve our products and services, including through de-identified and aggregated internal research and analytics, in accordance with our Privacy Policy.
14. TERM AND TERMINATION
These Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
15. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services, including any features, functionality, or Device compatibility, without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services, including any loss of access to data or features resulting therefrom.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
16. GOVERNING LAW
These Terms and your use of the Services are governed by and construed in accordance with the substantive law of the State of New York, without giving effect to its conflict of law principles.
17. Dispute Resolution
Any legal or equitable dispute, claim, or controversy arising from or relating to these Terms or the breach, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability, shall be finally resolved exclusively by binding arbitration through the platform provided by New Era ADR, Inc. (https://app.neweraadr.com/) (the “New Era Platform”) in accordance with its rules and procedures for “Virtual Expedited Arbitrations” by a professional Neutral with relevant experience (the “Neutral”). The Neutral shall be chosen in accordance with the rules and procedures of the New Era Platform. The parties will bear costs as provided for in accordance with the rules and procedures of the New Era Platform. The prevailing party may be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees and all other expenses) incurred in connection therewith, at the Neutral’s discretion. Judgment on the arbitration award may be entered in any court having jurisdiction.
A party shall initiate an arbitration through New Era ADR at https://app.neweraadr.com. The contact information for Hume shall be support@myhumehealth.com and for you it shall be the last known email address. For more information on initiating disputes please go to New Era ADR’s Virtual Arbitration Help Center. For support when initiating a dispute please contact support@neweraadr.com.
18. DISCLAIMER OF WARRANTIES
THE SERVICES, INCLUDING ALL HUME DEVICES, PRODUCTS, THE APP, AND THE WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HUME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HUME DOES NOT WARRANT THAT THE SERVICES OR ANY CONTENT, DATA, METRICS, INSIGHTS, OR OTHER INFORMATION PROVIDED THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, HUME DISCLAIMS LIABILITY OR RESPONSIBILITY FOR ERRORS OR INACCURACIES IN THE SERVICES; INTERRUPTION OR FAILURE OF THE SERVICES; UNAUTHORIZED ACCESS TO OR USE OF HUME SYSTEMS OR INFORMATION STORED THEREIN; VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL MATERIAL TRANSMITTED THROUGH THE SERVICES; OR LOSS OR DAMAGE ARISING FROM CONTENT OR INFORMATION MADE AVAILABLE THROUGH THE SERVICES.
19. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, PERSONAL INJURY OR BODILY INJURY (INCLUDING DEATH), OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
20. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, parent companies, and all of our respective officers, directors, agents, partners, and employees (collectively, the “Hume Entities”), from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Services or Products; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) any overt harmful act toward any other user of the Services with whom you connected via the Services; or (6) your submission of false, misleading, or incomplete information through the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. You shall not settle any such matter without our prior written consent.
21. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. Body composition data, wellness metrics, and other information generated by Hume Products are stored in accordance with our Privacy Policy and may be deleted upon termination of your account. Notwithstanding the foregoing, we may retain and use de-identified and aggregated data derived from your use of the Services indefinitely for product improvement, research, and analytics purposes, even after termination of your account.
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
23. STATE-SPECIFIC NOTICES
Residents of certain states, including California, Colorado, Connecticut, Virginia, Utah, and other jurisdictions, may have additional rights under applicable state consumer protection and privacy laws. For information about your privacy rights, including rights related to access, deletion, and correction of personal information, please review our Privacy Policy.
California Residents: If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
24. MISCELLANEOUS
These Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time, including in connection with any merger, acquisition, or sale of assets. You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, government action, internet or telecommunications failures, or failures of third-party service providers. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Services. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
25. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Hume Health Corp.
8 The Green, #19007, Dover, DE 19901
support@myhumehealth.com