Qoluna Terms and Conditions of Service
Welcome to Qoluna. These Terms of Service ("Terms") govern your access to and use of our app, website, and services ("Services"). Please read them carefully before using our Services.
By using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.
READ OUR PRIVACY POLICY
For information about how we handle our data, please see our Privacy Policy. By accessing or using the Qoluna Service, you agree that we can collect and use your information in accordance with the Privacy Policy.
USE OF THE SERVICES
Persons under the age of 13, or any higher minimum age in the jurisdiction where that person resides, are not permitted to access or use services provided by Qoluna. Additionally, you cannot access or use Qoluna if you are barred from receiving services under applicable law or have previously been suspended or removed from our services.
You may only connect to Qoluna using our mobile applications and software, or approved third-party applications, software, or devices; Any violation or attempted violation of this provision may result in the immediate termination of your ability to access Qoluna.
ACCOUNT REGISTRATION
Full use of our services requires you to create an account. By doing so, you agree to:
Provide accurate and complete information, Keep your login credentials secure
Notify us immediately of any unauthorized use of your account.
For your account, you agree to provide true, accurate, current and complete information about yourself. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current and complete.
You are responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others to access your account. Qoluna cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
NECESSARY EQUIPMENT
Full use of our services 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 our services. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. By using our services, you also acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to us may be read or intercepted by others.
Our Services include personalized health insights generated from wearable devices including but not limited to Oura Ring, Apple Watch, Fitbit, and Withings. You agree to use the services only for lawful and personal purposes. For more information about how your data from these devices may be used, please consult our privacy policy.
USER CONTENT
You may input data or connect devices to our Services. By doing so, you grant us a license to use this data solely for the purposes outlined in our Privacy Policy. You retain ownership of your personal information.
HEALTH AND WELLNESS DISCLAIMER
The Services provide general wellness insights based on data inputs. They are not medical advice and are not intended for diagnosis or treatment of health conditions. Always consult a licensed healthcare provider for medical decisions.
QOLUNA RIGHTS
Our content includes all information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other information, content, or other materials that are posted, generated, provided, or otherwise made available through our services. Qoluna 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.
Except as expressly provided in these Terms, no part of Qoluna and no Qoluna Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.
You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or in any way exploit any of the Qoluna content, in whole or in part. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying our services. Our logos and any other trademarks that may appear on the Qoluna Service, and the overall look and feel of the Qoluna, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission.
WHAT YOU CAN DO WITH OUR SERVICES
Our Services are provided solely for your personal, non-commercial use. When you use Qoluna, we grant you a limited, non-exclusive, non-transferable, revocable license to: (1) Access and use the app and its content (2) Use the mobile applications and software we provide (3) Interact with the data and insights generated from your connected devices. This license includes any third-party software embedded in any of our services.
You may not: (1) Reproduce, distribute, or publicly display the content or software in any way unless explicitly authorized (2) Modify, reverse engineer, or create derivative works based on our software (3) Access non-public areas or circumvent security features
(4) Use unauthorized tools to interact with the Services
Violation of these rules may result in suspension or termination of your account.
LINKS
You may create a text hyperlink to our Services for non-commercial purposes, provided it does not portray us in a false, misleading, or offensive manner. We may revoke this right at any time.
ENFORCEMENT RIGHTS
We reserve the right to investigate and take appropriate action in response to any misuse of the Services. This includes disabling access, removing content, or suspending accounts that violate these Terms.
USE OUR SERVICES AT YOUR OWN RISK
If you rely on any of our services, you do so at your own risk. Our app provides wellness insights, not medical advice. We make no guarantees about the accuracy or reliability of the content. The data and insights are not meant to replace professional judgment or consultation with a healthcare provider. We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through Qoluna, and the use of our Service should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany your use of the Qoluna Services.
DMCA/COPYRIGHT POLICY
Qoluna respects the intellectual property of others and we expect our users to do the same. If you believe your work has been copied and shared on our Services in a way that violates your copyright, please contact us at [support@qoluna.com], with information pertaining to your contact info and a description of the copyrighted work,
the location of the allegedly infringing content, a statement under penalty of perjury that the use is unauthorized.
TERMS FOR PAID SERVICES
Any purchases or uses of our paid services are subject to our terms for paid services which should be viewed separately.
FEEDBACK
We welcome your feedback. You agree that any ideas, suggestions, or improvements you submit may be used by us without restriction or obligation to compensate you.
ALERTS AND NOTIFICATIONS
By using our Services, you agree to receive relevant communications such as service announcements and health tips. You may manage preferences through your settings. Standard data and messaging rates may apply.
THIRD PARTY SERVICES
We may link to or integrate with third-party platforms. We are not responsible for their content or policies. Your use of any third-party services is at your own risk and subject to their terms.
CHANGES TO QOLUNA SERVICES
We may may change or discontinue, temporarily or permanently, any feature, component, or content of our services at any time without notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, or content. We may also deliver updates or enhancements automatically without prior notice to you.
TERMINATION
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Qoluna services or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. You may also close your account at any time. Certain provisions of these Terms will survive termination.
DISCLAIMER
Our Services are provided "as is" without warranties of any kind. We disclaim all warranties, including fitness for a particular purpose, accuracy, and non-infringement.
INDEMNITY
You agree to defend, indemnify, and hold us harmless from any claims arising from your use of the Services or your violation of these Terms.
LIMITATION OF LIABILITY
We are not liable for indirect, incidental, or consequential damages. If we are found liable despite this limitation, our total liability will not exceed the amount you have paid us in the past 12 months.
DISPUTE RESOLUTION
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You agree that any dispute between you and Qoluna arising out of or relating to these Terms of Service, or any other Qoluna products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law: Except as otherwise required by applicable law, the Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Qoluna, you agree to try to resolve the Dispute informally by contacting [support@qoluna.com] We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within a reasonable time (not to exceed thirty (30) days) after submission, you or Qoluna may bring a formal proceeding.
We Both Agree To Arbitrate: You and Qoluna agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting support@qoluna.com within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.
Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. You agree that the arbitration will be held in New York (NY) or any other location we agree to, and waive any objection to such a venue.
Arbitration Fees: The AAA rules will govern payment of all arbitration fees.
Exceptions to Agreement to Arbitrate: Either you or Qoluna may assert claims, if they qualify, in small claims court in New York (NY) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Qoluna products or Qoluna Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions: You may only resolve Disputes with Qoluna on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.
Judicial Forum for Disputes: Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Qoluna agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of New York, NY. Both you and Qoluna consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Qoluna Services or products must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
GENERAL TERMS
These Terms represent the entire and exclusive agreement between you and Qoluna regarding your use of the Services and replace any prior agreements, whether written or oral, related to your use of the Services.
We reserve the right to modify, update, or discontinue these Terms at any time. Changes will be posted within the app or on our website. By continuing to use the Services after changes become effective, you agree to be bound by the revised Terms.
We encourage you to review these Terms periodically.
If a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, the remaining provisions will remain in full force and effect to the maximum extent permitted by law.
You may not assign, delegate, or transfer your rights or obligations under these Terms without our prior written consent. Any attempt to do so without such consent is null and void. We may freely assign or transfer these Terms without restriction. These Terms will bind and benefit both parties and their successors and permitted assigns.
We may provide you with notices under these Terms via email or through in-app notifications. The date of delivery shall be considered the date the notice is transmitted.
Our failure to enforce any provision of these Terms will not be deemed a waiver of that provision or any other rights we may have.
No waiver, modification, or amendment of these Terms will be effective unless in writing and signed by an authorized representative of Qoluna. Except as expressly stated, the remedies provided in these Terms are cumulative and do not exclude any other remedies available by law or otherwise.