Last updated and effected: December 31, 2024
You can in the Shark Health applications and/or our website (https://www.blackshark.com) at the bottom of the view the relevant information.
1. Introduction
2. Data Privacy
3. Account
4. Access and Use
5. Consult Your Physician before Using Our Services
6. Intellectual Property Rights
7. Feedback
8. Limitation of Liability
9. California Civil Code Section 1789.3 Notice
10. U.S. Federal Government End Use Restrictions
11. For European Union (EU) Users
12. United States Legal Compliance
13. Alerts and Notifications
14. Dispute Settlement
15. Termination
16. Modification of the Terms and Services
17. Additional Terms
18. How to Contact Us
These Terms of Use (the “Agreement”) describe the terms and conditions applicable when you access and use of the Shark Health “Services”, including Shark Health smart ring devices (“Products”), mobile Application (“App”), websites, software, APIs, emails and newsletters and services. The websites and App are owned and operated by Shark Health LLC, and its affiliates and subsidiaries.
In this Agreement, we refer to ourselves as “Shark Health” or“us” or “we”; we refer to you as “you” or “Customer.” “User” “Customer”or “you” means any person or legal entity who uses our Services.
By clicking on the “Agree” in the "Personal Information Protection Guidelines", you consent, agree and undertake to abide, be bound by and adhere to this Agreement. If you do not agree to this Agreement, you are not entitled to avail of / use the services and any use thereafter shall be unauthorized.
By accessing or using our Services, you acknowledge that you have read, understood, and agreed to the terms of this Agreement. If you do not agree to these terms and conditions, please do not use the Services.
For information about our data practices, please read our Privacy Policy on the website. We may collect and process data regarding your usage of the Services in accordance with our Privacy Policy and the applicable laws and regulations.
If you do not agree with our Privacy Policy, please do not access or use our Services.
For Customers reside in the United States, we disclaims all liabilities under this Agreement for any data you provide to us that may constitute electronic patient health records or similar data supplied by you or an end user, notwithstanding anything to the contrary in this Agreement or as otherwise required by any applicable federal, state, or international laws, rules, or regulations.
You may register yourself as a user of our Services. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
You shall be responsible for safeguarding your password, credentials file, or any other piece of information as part of any security procedure. You agree not to disclose your password or any information you considered confidential to any third-party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. It is your sole responsibility to change your password immediately if you believe that your password has been compromised. We will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your Username and password in any circumstances. You shall notify Shark Health immediately of any unauthorized access to or use of your password or any information you consider confidential, or any other breach of security. We have the right to disable any username, password, credentials file, or other identifier at any time, whether chosen by you or provided by Shark Health.
You are responsible for all activities that occurs in association with your third-party account. We are not liable for any loss or damages caused by your failure to maintain the confidentiality of your third-party account credentials.
Persons under the age of 18, or any higher minimum age in the jurisdiction where that person resides, are not permitted to access or use our Services. If you are at 18 years of age and have the legal authority to accept this Agreement on your behalf, you alone are responsible for your activities and interactions with the Services.
You may only connect to our Services via Authorized Connection, i.e.
using:
(1) a
device that is manufactured, distributed, or sold by us or
through its authorized resellers or agents;
(2) our mobile applications and software, or approved third-party
applications, software, or devices; or
(3) our websites.
You may not connect to our Services with any device that is not manufactured, distributed, or sold by us or through its authorized resellers or agents (such as a knock off or counterfeit version of a Shark Health device); otherwise intends to resemble or purports to be a Shark Health device; or any unauthorized applications or third-party connections. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access our Services. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact jason.zhang@blackshark.com
Full use of our Services requires that you maintain and secure adequate and compatible equipment, for example, hardware, software, internet access and backup devices or other equipment. You acknowledge that it is your responsibility to ensure the equipment’s functionality and pay for their charges. We shall have no responsibility to provide any additional applications or hardware. You further agree that we shall have no responsibility for any data loss or other damages or loss suffered in connection with your use of the Services, including any failure to provide adequate security or backup devices or services.
You acknowledge that you are solely responsible and liable for your use of the Services, directly or indirectly, including understanding whether such access or use is permitted by or in violation of this Agreement. You are further solely responsible for compliance with all applicable laws relating to your use of the Services. You shall further use the Services solely for lawful purposes and shall conduct all business through the Services in accordance with all applicable laws and regulations, including but not limited to all applicable federal and state laws and regulations governing the offer and sale of securities, money laundering, and counter-terrorism.
Our Services are intended for your personal, non-commercial use only.
We grant you a limited license to access and use the Services, subject to and conditioned upon your compliance with this Agreement, the Privacy Policy, and any other rules and requirements communicated to you by us, including your payment of any applicable fee. You shall not use the Services for any purpose beyond the scope of the access granted in this Agreement. You shall not at any time, directly or indirectly, and shall not permit, assist or encourage any third-party to:
(1) copy, modify, or create derivative works of the Services, in whole
or in part;
(2)
reverse engineer, disassemble, decompile, decode,
adapt, or otherwise attempt to derive or gain access to any App
component of the Services, in whole or in part; or
(3) use
the
Services in any manner or for any purpose that infringes,
misappropriates, or otherwise violates any intellectual property right
or other right of any person (including but not limited to web
scraping), or that otherwise violates any law, regulation, or other
legal requirement.
You acknowledge and agree that we may modify, update, and otherwise change the Services at any time and in its sole discretion without notice. This Agreement does not entitle you to any guaranteed level, availability, or turnaround time of support services for the Services.
We reserve the right to terminate or temporarily suspend your access to the whole or any part of the Services, where we in its discretion consider that it is reasonably necessary, including, without limitation:
(1) if you provide false or inaccurate information;
(2)
equipment
malfunctions, periodic maintenance procedures or repairs ;
(3) for
security purposes;
(4) to
prevent illegal or fraudulent activity;
(5) to
comply with the requests of any legal agency or government
entity;
(6)
if you breach this Agreement or the
Privacy
Policy.
Where possible, we will give you as much notice of any interruption of access to the Services as is reasonably practicable. We will use reasonable efforts to restore access to the Services as soon as reasonably practicable after temporary suspension. We are not liable to you or to any third-party for any modification, suspension, or discontinuance of any feature, component, or content of our Services.
We may in our sole discretion permit access to or use of content, promotions, applications and other services from third parties that are not under our control. You take sole responsibility and assume all risk arising from your interaction with or use of any third-party services. Your access to and use of third-party services shall be governed by a separate agreement between you and the provider of third-party services, and you are responsible to read and understand its terms and conditions before using any third-party services.
We make no representations or warranties with respect to any third-party services. You acknowledge and agree that such third-party services are provided by their owner and does not reflect any endorsement, affiliation, relationship, or sponsorship by us with respect to the provider of such services. You further acknowledge and agree that we are not liable or responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any services provided by third parties including, without limitation, your reliance thereon.
Our Services are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Our products are not medical devices, and you expressly agree that the services do not involve the provision of medical advice by us. The transmission and receipt of services, in whole or in part, or communication via the internet, email, or other means does not constitute or create a doctor-patient, therapist-patient, or other healthcare professional relationship between you and us.
Our services, including all information, text, photographs, images, illustrations, graphics, audioaudios, videos, and audio-video clips, and other materials, whether provided by us or third parties, are not intended to be and should not be used in place of the services of physicians or medical professionals. We are not responsible for any health problems that may result from information you learn about through the Services.
If you have any health-related questions, please call or see your physician or other medical provider promptly. If you have an emergency, call your physician or 911 (or any emergency call of your location) immediately. Consult your doctor before using our Service. If you experience a medical emergency, stop using our Services.
Before starting or modifying any exercise program, making any changes to your sleep or activity using our services, or if you have any questions regarding a medical condition, consult your physician. Be careful and attentive while exercising. Stop exercising immediately if you feel pain, or feel faint, dizzy, exhausted, or short of breath. By exercising, you assume inherent risks including any injury that may result from such activity.
Prolonged contact with wearable devices may contribute to skin
irritation or allergies in some users. To reduce irritation, follow four
simple wear and care tips:
(1) keep
it clean,
(2) keep
it
dry,
(3)
don’t wear it too tight, and
(4) give
your finger a
rest by removing the Device for an hour after extended wear. If you
notice any skin irritation, soreness, tingling, numbness, burning or
stiffness in your hands or fingers while or after wearing the product,
remove your device and please discontinue use. If any symptoms persist
longer than 2-3 days after removing the device, consult your doctor.
Please be cautious that the Product you are wearing does not get caught on fixed structures or heavy objects. Our Product should not be placed in the mouth at any time. The Product is not a toy nor is it intended for use by children. Children should not be left unattended with this Product, as it may pose a choking hazard.
Our Products and Services, and our underlying technology are protected by copyright, trademark, patent, intellectual property, and other applicable laws in your jurisdiction. All rights are reserved by us.
The "Shark Health" logo and the "Shark Health" design logo, as well as certain other names, logos and materials appearing, used or displayed on our services, constitute trademarks; Or marks (" Marks ") are owned by or licensed to us and are subject to copyright, trademark and other laws and regulations Intellectual property rights under the applicable laws of your jurisdiction And international copyright law.
The Shark Health Content in associated with our Services includes, without limitations to the Site, the Product, the App, all texts, graphics, user interfaces, visual interfaces, photographs, images/videos, electronic arts, sounds/audios, communications programs, executable codes, computer codes, and data formatted, organized, and collected in a variety of forms, including design, structure, selection, coordination, expression, “look and feel,” arrangement, layouts, pages, screens, and databases of such Content. The Shark Health Content is exclusively owned, controlled, or licensed by or to us and are protected by applicable laws of your jurisdiction and international copyright laws.
You agree not to directly or indirectly reproduce, duplicate, copy, download, stream capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer, create derivative works from, or exploit for any purposes, including, without limitation to the Shark Health Content and the Marks, except as authorized by this Agreement or as otherwise authorized in writing by us.
You must abide by all copyright notices, information, and restrictions contained in or associated with any Services and/or Content. You must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Services and/or Content or any digital rights management mechanism, device or other content protection or access control measure (including, without limitation, geo-filtering and/or encryption) associated with the Content and/or Services.
Except for the limited license to access the Site and App identified above, you acknowledge that nothing contained in this Agreement shall be construed as granting or conferring, by implication, estoppel, or otherwise, any right, title, or interest to any intellectual property, including any:
(1) inventions (whether patentable or not in any country), patents,
patent applications, invention disclosures, improvements, trade secrets,
proprietary information, know-how, information, or technical data;
(2)
copyright protected works, copyright registrations, mask
works, mask work registrations, or applications in the country of your
residence or any foreign country;
(3)
trademarks, trademark
registrations, service marks, logos, or applications therefor in the
country of residence or any foreign country;
(4) trade
secrets; or
(5) any
other tangible or intangible proprietary rights anywhere
in the world.
If we receive the appropriate notification from any copyright owner or its legal representatives, we will remove the associated content after an investigation if it is possible from technical perspective. You can promptly contact us through our email address jason.zhang@blackshark.com, and the notice of claimed infringement must contain the following information:
(1) materials evidencing that you have copyright or you are authorized
to exercise copyright of the allegedly infringing content;
(2)
your explicit identification, address and contact information;
(3)
the network address of the allegedly infringing content (if applies);
(4) the
description of the allegedly infringing copyright works;
(5)
materials evidencing that your copyright infringed;
(6)
under the premise that you agree to bear all consequences of perjury,
you issue written statement with a signature of the accuracy and
authenticity of the content in your written notice.
You acknowledge and agree that all Feedback will be the sole and exclusive property of us and you hereby irrevocably assign to us all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
We also consider this Feedback as non-confidential and non-exclusive. You agree not to provide any information that you consider to be confidential and the proprietary to us. We reserve the right to review your content based on our judgment. We reserve our right to remove your content at any time or to require you to remove any content within a stipulated time.
You further acknowledge and agree that we shall not be under an obligation to take any action pursuant to the Feedback provided by you. We may, at our sole discretion, decide whether any action is required to be taken based on the Feedback received from you. You hereby expressly agree to indemnify and keep us harmless against any liabilities that may be suffered or incurred by us as a consequence of any action taken by us pursuant to your Feedback.
We and our subsidiaries, affiliates, officers, directors, employees, representatives, agents, suppliers, distributors, licensors and any other party involved in creating, producing, or delivering our Services will in no event be liable to you for:
(1) damages of any kind, whether based on warranty, contract, tort
(including negligence) , product liability, or any theory of liability,
and whether or not that the possibility of such damages or losses has
been notified to us;
(2) any direct, indirect, incidental, special, exemplary, consequential
or punitive damages, including but not limited to, loss of income,
business, actual or anticipated profits, opportunity, goodwill or
reputation, arising out of or in connection with these terms or from the
use of or inability to use our service, or third-party services obtained
through our Services;
In no event will the aggregate, total liability of us and our subsidiaries, affiliates, officers, directors, employees, representatives, agents, suppliers, distributors, licensors and any other parties involved in creating, producing, or delivering our Services exceed the amounts you have paid for your applicable purchase.
The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law. Where the laws do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the extent permitted by law.
The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Shark Health and you.
Under California Civil Code Section 1789.3, California users of an electronic commercial service receive the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (800) 952-5210..
We provide our Services for ultimate U.S. federal government end use solely in accordance with the following: The Services consist of “Commercial Items” as defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as those terms are used in 48 C.F.R. §12.212 or 48 C.F.R. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Service is licensed to you with only those rights as provided under the terms and conditions of this Agreement.
If You are an European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
As part of your use of our Service, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from our Service by using your account settings. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.
You agree that any dispute between you and Shark Health arising out of or relating to these Terms of Use, Privacy Policy or any other Shark Health Services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
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 People’s Republic of China 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 Shark Health, you agree to try to resolve the Dispute informally by contacting us at our mailing address in the How To Contact Us section of the Terms below, and providing us with your email address. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within thirty (30) calendar days after submission, you or Shark Health may bring a formal proceeding.
We Both Agree To Arbitrate: You and Shark Health agree to resolve any Disputes through final and binding arbitration. In case the Dispute is not settled through Informal Dispute Resolution within 30 (thirty) calendar days, it shall be submitted to the Shenzhen Court of International Arbitration (the SCIA) for arbitration, which shall be conducted in accordance with the SCIA’s arbitration rules in effect at the time of applying for arbitration, subject only to any applicable mandatory law in the country in which you reside or choice of jurisdiction provisions that cannot be varied by contract. The seat or place of arbitration shall be Shenzhen, China. The language of the arbitration shall be English. Any arbitral award pursuant to this clause shall be in writing and shall be final and binding on the parties. The award may include an award of costs, including all arbitration costs and reasonable attorneys’ fees and disbursements, to be made on the basis that the losing part(y)(ies) shall pay the costs of the successful part(y)(ies). Notwithstanding the foregoing sentence, each party may seek interim measures, including injunctive relief, in respect of this Agreement from any court of competent jurisdiction.
You also agree to waive any right to assert any claims against Shark Health as a representative or member in any class or representative action, except where such waiver is prohibited by law or deemed by a court of law to be against public policy in the jurisdiction of your residence.
This Agreement becomes valid and stays valid during your use of our Service, until the termination according to this Agreement.
In spite of the preceding provisions, this Agreement becomes effective the first time you use our services if that happens before you accept this Agreement. This stays valid unless the early termination applies.
We may terminate this Agreement at any time for any reason providing thirty (30) days’ notice to you. We may terminate this Agreement immediately as we believe you materially breach our acceptable policies or other terms of this Agreement, ,other than non-payment of Fees. We have the right to terminate this Agreement for your non-payment of Fees.
Notwithstanding the foregoing, we reserves the right, in our sole discretion and without notice, at any time and for any reason, to remove, modify, suspend, or disable access to all or any portion of the Services.
You may terminate the Agreement for any reason whatsoever by providing thirty (30) days’ notice to Shark Health by contact us at jason.zhang@blackshark.com. You shall be responsible for all Fees incurred prior to and during the notice period.
Some sections including, without limitation to, Intellectual Property Rights, Limitation Of Liability, Limited Product Warranty, Dispute Settlement and other sections, and payment obligations for Fees incurred prior to and during any notice period shall survive termination of this Agreement for any reason whatsoever.
We may modify the terms of this Agreement and/or the Privacy Policy from time to time, for instance when we update the functionality of the Services, when there are regulatory changes that impact the terms of this Agreement or the Services, or for any other reasons.
Shark Health and its third-party service providers may make improvements and/or changes in the Services, features, and prices described at any time and for any reason in its sole discretion. The App may download and install upgrades, updates, and additional features in order to improve, enhance, and further develop the Services.
We will provide reasonable advance notice of any major and material modifications to the terms of this Agreement or our Services that will materially disadvantage you or materially limit the access or usage of our Services. You needs to accept such changes before continuing using the Services, otherwise you should stop using our Services. You may accept such changes following the guidance and notifications we display in the App and the Site, and/or through emails and other electronic communications.
Unless otherwise indicated by Shark Health, any updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (“Modifications”) will be effective immediately after such posting. We recommend that you periodically check the App and the Site for the revised terms. Your continued use of the Services will be deemed to constitute your acceptance of all such Modifications.
This Agreement and Privacy Policy is the ultimate, integral and exclusive agreement between you and Shark Health, in relation to any matter relating to our services, and supersedes any and all prior or contemporaneous communications, representations, statements, and understandings, whether oral or written, between the parties.
The title of each paragraph is written only for the convenience of reading and does not have any legal or contractual obligations.
Without written consent from Shark Health, you cannot transfer the rights and obligations stated in this Agreement. Any behavior or activity violates the provision about such a transfer attempt is invalid.
If any provision of this Agreement is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, leaving the remaining provisions full force and effect.
You acknowledge that Shark Health has the right to monitor use of the Services to ensure compliance with the Agreement.
The failure of us to enforce or to exercise at any time or for any period any term of or any right pursuant to this Agreement shall not be construed as a waiver of any such right and shall in no way affect our right later to enforce or exercise it. No waiver shall be binding unless executed in writing by the party making the waiver.
This Agreement is made in English language and in the language of your residence country (if applicable) and both versions are equally authentic. In case of any discrepancy between these two versions, the English version of this Agreement shall prevail.
If you have questions about this Agreement, please contact us at：
Nanchang Blackshark Technology Limited
Room 201, Floor 8, 9#, and Room 1001, Floor 3-23, No.528 Shuanggang West Street, Economic and Technological Development Zone, Nanchang City, Jiangxi, China.
Costumer
Support Email Address：
jason.zhang@blackshark.com
Costumer Support Email Address:
jason.zhang@blackshark.com
Telephone：+86 18320890784