Terms of Use
Last Updated: Jun 17, 2018
Bowhead Technologies, Inc. (together with our affiliates the “Company” or “we”/”us”) would like to thank you for your interest in our website located at www.gululu.com (the “Site”), our mobile applications (the “App”) as well as the Gululu interactive smart water bottle (“Bottle”) and any other ancillary product and service (collectively, the “Services”) owned, offered and/or operated by us.
YOUR ACCESS AND USE OF THE SERVICES ARE SUBJECT TO (1) THESE TERMS AND OUR PRIVACY POLICY; AND (2) ALL APPLICABLE LAWS, RULES AND REGULATIONS. PLEASE READ THESE TERMS AND OUR PRIVACY POLICY CAREFULLY. BY USING ANY PART OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE SERVICES.
Consent for the Child:
The Bottle is intended primarily to be used by a child. The App is intended for use by the parent or guardian. By providing the Bottle to a child, you represent and warrant to the Company that you are authorized (in person or by such child’s parent or guardian) to enable and permit the Company to operate the Services in connection with the Bottle used by such child as stated in these Terms and our Privacy Policy. THE SERVICES ARE NOT A SUBSTITUTE FOR MEDICAL CARE OR ADULT SUPERVISION. You hereby agree to exercise supervision over such minor's use of the Bottle and that you shall be solely responsible for: (a) monitoring such child’s access to and use of the Services; and (b) the consequences of any use of the Services by such child.
1.Permitted Use.
You may use the Services only for lawful purposes in accordance with any applicable federal, state, local and international law or regulation, and the Company’s reasonable instructions. You hereby acknowledge, understand and agree that use of our Services is intended for your (and with respect to the Bottle, child’s) personal, non-commercial use, unless otherwise previously authorized by us in writing. You hereby further undertake not to:
a)Damage, impair, violate or interfere with the Services, its security systems or any other party’s use of the Services;
b)Reverse engineer, disassemble, decode, tamper with or otherwise attempt to derive or gain access to the source code of any software embodied within the Services (including the Bottle) or any part thereof;
c)Access the Services in order to build a competitive product;
d)Alter, damage or delete any material appearing on our Services;
e)Access or tamper with non-public areas of the Services, remove, circumvent or otherwise create or implement any workaround to any copy protection, Company’s rights or security features in or protecting the Services;
f)Rent, sell, sublicense, assign, publish, transfer or otherwise make available our Services or any features thereof, to any third party, for any reason, without our prior written consent;
g)Attempt to gain unauthorized access to the Services; or
h)Otherwise engage or cause any third party to engage in any conduct that restricts anyone’s use or enjoyment of the Services, infringes Company’s or any third party’s rights, or which, as reasonably determined by us, may expose the Company or its customers and/or users to any liability.
2.Updates.
We may, from time to time, in our sole discretion, develop and provide mobile application updates, which may include upgrades, bug fixes and other error corrections and/or adding or removing features (collectively, "Updates"). You should promptly download and install all Updates and acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so.
3.Ownership and License.
The Services, and the information and material therein, including the Company Content (excluding the User Content) incorporated into the Services are the exclusive property of the Company, its licensor(s) and/or service providers and protected by copyright and other intellectual property laws. Using our Services does not give you ownership of any intellectual property rights in the Services or the content you access. In the event you elect to communicate to the Company suggestions for improvements in connection with the Services, we shall own all right, title, and interest in and to the same, and shall be entitled to use them without restriction.
“Company Content” includes any feature, text, graphics, animations, software, audio, video, works of authorship of any kind, and information or other materials that are generated, provided or otherwise made available through the Services to you.
“User Content” means any and all information and content that a user submits to, or provides in connection with the Services.
Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license, solely for your personal (and with respect to the Bottle, also child’s) non-commercial use in accordance with these Terms to use the Site and App, and to access, view and use such portion the Company Content as made available to you in connection with the Services. You hereby grant, and you represent and warrant that you have the right to grant, to the Company a
fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully assignable license to license, distribute, modify, adapt, publicly display and perform, prepare derivative works of, and otherwise use your User Content (in whole or in part) solely for the purposes of operating and providing the Services (and subject, for the avoidance of any doubt, to our Privacy Policy).
4.Copyright Policy.
We respect the rights of owners of intellectual property and expect our users to conduct themselves accordingly. If you believe that any material available via the Services violates the rights of a copyright owner, please notify the Company of alleged infringement immediately by email at customer-service@bowhead-tech.com (Subject line: “DMCA Takedown Request”) or by mail at the Company’s address specified below, and include the following information (see 17 U.S.C 512(c)(3) for further detail): (i) Identification of the copyrighted work(s) or material claimed to have been infringed or to be the subject of infringing activity and that is to be removed (provide information reasonably sufficient to permit us to locate the material); (ii) A physical or electronic signature of the person authorized to act on behalf of the owner of the right that is allegedly infringed; (iii) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; (iv) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this paragraph, your DMCA notice may not be valid.
5.No Medical Advice regarding Hydration.
Our Services are intended to promote healthy hydration habits for children.
HOWEVER, WE DO NOT PROVIDE MEDICAL ADVICE THROUGH OUR SERVICES AND THE BOTTLE IS NOT A MEDICAL DEVICE.
Consuming too much or too little water may have severe health consequences. The “Daily Water Intake Target” aspect of the Services is only an estimate based on the information provided by users and is presented solely for general informational and educational purposes. Please note that daily physical activities, weather at the user’s location, personal health conditions and various other factors materially affect any person’s individual hydration needs. You can, if needed, manually adjust the recommended daily water intake target via the App to reflect the child’s individual needs.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OF THE “DAILY RECOMMENDED WATER INTAKE” OR THE TRACKING OF WATER CONSUMPTION. THE SERVICES ARE NOT A SUBSTITUTE FOR MEDICAL CARE AND ADULT SUPERVISION.
6.Disclaimer.
TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, THE SERVICES AND COMPANY CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EXCEPT AS EXPLICITLY PROVIDED BY THE COMPANY IN WRITING OTHERWISE, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE (INCLUDING, WITHOUT IMITATION, HYDRATION). WE MAKE NO WARRANTY REGARDING THE COMPLETENESS, SECURITY, SUITABILITY, RELIABILITY, ACCURACY, EFFECTIVENESS OR AVAILABILITY OF THE SERVICES.
7.Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF USE OF THE SERVICES REMAINS WITH YOU.
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE COMPANY RELEASEES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
IN NO EVENT WILL COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE COMPANY SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO COMPANY FOR USE OF THE BOTTLE AND/OR ANY OTHER SERVICES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW.
8.Indemnification.
You agree to indemnify and hold the Company Releasees harmless from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your violation of these Terms, any applicable law or rights of any third party.
9.Term; Termination.
We may suspend or terminate your rights to use the Services (without liability to you) at any time for any reason, including in the event of a violation of these Terms. Upon any termination of the Services, the provisions of these Terms which by their nature should survive, will survive, including, without limitation, disclaimer (Section 6), limitation of liability (Section 7), and indemnification (Section 8).
10.Changes to these Terms.
We reserve the right to modify these Terms at any time and such modification will be effective upon posting on our Site and App. The continued use of our Sites and App following any such posting or notification of such revised Terms shall be deemed to constitute your acceptance of any such modifications. If such changes are material, we may notify you more prominently and obtain your prior consent or the prior consent of a parent or guardian. Please review these Terms periodically for changes and pay attention to the “Last Updated” date displayed at the top of this page.
11.Severability.
If any provision of these terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.
12.Successors and Assigns.
These Terms will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.
13.Governing Law; Venue.
The validity, interpretation and enforcement of these Terms, matters arising therefrom or related thereto or to our Services shall be governed by the internal laws of the State of New York, without reference to choice of law doctrine.
Any legal action or proceeding concerning the validity, interpretation and enforcement of these Terms, matters arising therefrom or related thereto or to our Services, shall be brought exclusively in the Federal and State courts located in New York County, New York (of in the Southern District of New York), and the Parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO VOLUNTARILY WAIVES (IN CONNECTION WITH ANY DISPUTE ARISING OUT OF THESE TERMS OR OUR SERVICES), ANY RIGHT TO: (1) A TRIAL BY JURY IN ANY LITIGATION IN ANY COURT; AND (2) BRING CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
ACTION OR CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE WAIVED.
14.Limitation of Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
15.Notices.
Notices made by you to the Company pursuant to these Terms must be sent by email to Company at customer-service@bowhead-tech.com. If you are located in North America, please also email us at customer-serviceUSA@bowhead-tech.com.
Any notices or other communications permitted or required hereunder will be in writing and given to you by the Company (i) by email (to the address that you provided upon registration) or (ii) by posting on the Site and/or App. You are responsible to maintain your email mailbox and agree to check your mailbox frequently. We assume no responsibility for a missed communication or any consequence caused by such missed communication. All notice shall be deemed effective one (1) business day after successful transmission (or posting) thereof.
16.Relationship.
Using the Services shall not be construed as creating a partnership, employment, agency, or joint venture relationship between Company and any users of the Services.
17.Waiver.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
18.Entire Agreement.
These Terms (together with our Privacy Policy) constitute the entire agreement between you (or anyone under your control or supervision) and the Company with respect to the Services, and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect thereto.
19.Contact us.
If you have any question about these Terms or otherwise need to contact the Company for any reason, you can contact the Company by email at customer-service@bowhead-tech.com or U.S. Postal Mail at:
Bowhead Technology, Inc.
3561 Homestead Road #614
Santa Clara, CA 95051
Tel: +1-800-542-4813
