Terms of Sale
Effective: February 29, 2024
These Terms of Sale (“Terms”) apply to the purchase and use of [Pison, Inc.] (“Pison”, “we” or “our”) products, which include but are not limited to the wearable sensor device (“Pison Device”), Subscriptions (as defined below), and any other accessories or products offered by and purchased from Pison (collectively, the “Products”). By placing an order for a Product, you are agreeing to be bound by these Terms.
You represent and warrant that you have the right, authority, and legal capacity to accept and agree to these Terms. You further represent and warrant that you are of sufficient legal age in your jurisdiction or residence to enter into these Terms.
If your order includes a subscription for services provided in conjunction with the Pison Device (a “Subscription”), our Terms of Use are hereby incorporated into these Terms by reference. If you do not accept these Terms, then you are not authorized to purchase or use Products.
Please review these Terms carefully.
- Resale
Purchases for Products are intended for end-user customers only and are not authorized for resale. We reserve the right to refuse or cancel your order if we suspect you are purchasing Products for resale.
- Returns
If you are unsatisfied with your purchase of a Pison device and/or accessory, we will accept unworn returns within thirty (30) days of delivery, unless marked as final sale. We reserve the right to reject the return if the Pison device, accessory, or packaging is worn or used. Shipping and handling charges, ancillary fees, and taxes paid are not refundable.
Returns as set forth above do not apply to the purchase or renewal of any Subscription.
The return process as set out above may only be used for products purchased through Pison directly. Products purchased through other authorized third parties must be returned using the return procedures of those third parties.
To initiate a return, please visit https://pison.in-beta.link/support/ and follow the instructions for returns.
- Pricing and Payment
Prices are stated in the applicable currency based on your selected location, and may not include shipping and handling charges or applicable taxes, which, if applicable, will be communicated to you prior to you placing your order. We reserve the right to modify the prices for any Products at any time without notice; provided, that such modifications will not affect any order for Products you have already placed prior to the price modification.
Any payment terms presented to you in the process of purchasing Products are deemed part of these Terms and are incorporated herein by reference. By providing a credit card or other payment method accepted by Pison, you represent and warrant that you are authorized to use the designated payment method and that you authorize us or our Payment Processor (as defined herein) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or canceled.
We may collect payments for Products from you directly or we may use a third-party payment processor (“Payment Processor”) to bill you through a payment account selected by you at checkout. The processing of payments by a Payment Processor will be subject to the terms, conditions and privacy policies of such Payment Processor in addition to these Terms. We are not responsible for any errors by a Payment Processor.
By choosing to purchase a Product, you agree to pay us, either directly or through a Payment Processor, all amounts for the applicable order in accordance with the applicable payment terms and you authorize us, through a Payment Processor, to charge your chosen payment provider (“Payment Method”). You agree to make payment using your selected Payment Method. We reserve the right to correct any errors or mistakes that we or a Payment Processor make even if we or a Payment Processor have already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through a Payment Processor, do not receive payment from you, you agree to pay all amounts due for your order and/or on your Account upon demand.
- Shipping and Delivery
The estimated delivery date can be impacted by events beyond our control and is not a guaranteed delivery date for your order, and you agree that we are not liable for late deliveries. Title to the products will pass to you upon delivery of the products to the carrier; however, risk of loss of, or damage to, the products will pass to you upon delivery of the products to you.
- Availability
We reserve the right to add or remove Products available for purchase at any time for any reason. We also reserve the right to impose quantity limits on any order, and to reject, refuse, or cancel all or part of an order, in our sole discretion and without prior notice. To the extent permitted by applicable law, we make no representations or warranties as to the completeness, accuracy, reliability, validity or timeliness of any listings, descriptions or images (including, without limitation, any features and specifications such as weights and sizes) for any Products. Such information and the availability of any Product (including, without limitation, the validity of any coupon or discount) are subject to change at any time without notice.
We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.
It is your responsibility to understand and comply with all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.
- Compatibility
You are solely responsible for determining the compatibility of the Products with any required equipment such as a mobile device. You agree that lack of compatibility does not constitute a defect giving rise to a claim under our Limited Warranties set forth below.
You are solely responsible for damage resulting to any Product, and any other accessories used in conjunction with the Product, due to your use of any product or service that is not compatible with the Product.
- Limited Warranty
EXCEPT FOR THE LIMITED WARRANTIES LISTED BELOW, AND EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, ALL PRODUCTS, SERVICES, AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND. WE HEREBY DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS. IF IMPLIED WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, THEN SUCH WARRANTIES ARE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Your use of any Product is at your own risk, and you will be solely responsible for, and we expressly disclaim, any and all loss, liability, or damage resulting from your use of any Product, including damage or loss to your Product, and any other peripherals, accessories, or apparel connected to the Product.
Limited Warranty: Pison Device. Pison warrants that your Pison Device is free from defects in materials and workmanship under normal use for a period of one (1) year from the date of purchase, except that if you reside in the European Economic Area (“EEA”) and your Pison Device was purchased in the EEA, the warranty period is two (2) years from the date of purchase (such period, the “Warranty Period”). If such a defect arises with your Pison Device during the Warranty Period, Pison will provide the necessary replacement, subject to the conditions below, at no additional charge. In the event of such a defect, to the extent permitted by applicable law, these are your sole and exclusive remedies.
This Limited Warranty is non-transferable and excludes: (1) lost or stolen Pison Device(s); (2) damage or failure through normal wear and tear; improper, abnormal, or negligent use; or any use contrary to instructions provided by Pison; (3) cosmetic damage such as scratches, nicks, or dents; (4) any unauthorized modification, alteration, or repair; (5) accident, external causes of damage such as water, flood, fire, or earthquake, or unauthorized commercial use; or (6) consumable parts, such as batteries, unless product damage has occurred due to a defect in materials or workmanship. Shipping and handling charges may apply except where prohibited by applicable law. This Limited Warranty does not cover software embedded in any device and related services provided by Pison. We are not responsible to repair or replace your Pison Device if you violate this Limited Warranty.
This Limited Warranty gives you specific legal rights, and you may have other legal rights which vary from state to state, or by country or province. We do not exclude, limit, or suspend other legal rights you may have under the laws of your state, country, or province. For a full understanding of your rights, you should consult the laws of your state, country, or province.
- Software License
To the extent Products ordered by you contain, consist of, or make available Pison software in any form, such software is licensed to you and not sold, in accordance with our Terms of Use.
- Limitations on Liability
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, NEITHER PISON, ITS SUPPLIERS, DISTRIBUTORS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING PISON PRODUCTS AND SERVICES, WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PISON PRODUCTS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PISON OR ITS SUPPLIER, DISTRIBUTOR, RESELLER, OR LICENSOR, OR OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING PISON PRODUCTS AND SERVICES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL THE AGGREGATE, TOTAL LIABILITY OF PISON, OR ITS SUPPLIER, DISTRIBUTOR, RESELLER, OR LICENSOR, OR OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING PISON PRODUCTS AND SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PISON PRODUCTS OR SERVICE EXCEED THE AMOUNT YOU HAVE PAID FOR YOUR APPLICABLE PURCHASE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PISON AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Miscellaneous
All matters relating to these Terms, and any dispute or claim arising therefrom (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction). Before filing a claim against Pison, you agree to attempt to resolve any such claim or dispute informally by contacting us at: notices@pison.in-beta.link. We will endeavor to resolve the dispute within fifteen (15) days of receipt of notice. If a resolution is not reached within such period, you or Pison may bring a formal proceeding as set forth herein. You agree to resolve any disputes or claims arising out of or related to these Terms through final and binding arbitration by a single arbitrator under the Rules of Arbitration of the American Arbitration Association. This includes disputes arising out of or relating to interpretation or application of this section, including its enforceability, revocability, or validity. Notwithstanding the foregoing, either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the services, or violation of any intellectual property. Subject to the arbitration provision above, the parties irrevocably consent to bring any action to resolve or enforce claims arising under or relating to this Agreement in the federal or state courts in Boston, Massachusetts, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. You may only resolve disputes with us 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 permitted under these Terms.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without Pison’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, shall be null and void. Pison may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between the parties regarding orders of any Products, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the parties relating thereto.
Any notices or other communications provided by Pison under these Terms, including those regarding modifications to these Terms, will be given: (i) via email to any address you have provided to Pison; or (ii) by posting to the Pison website. For notices made by e-mail, the date on which the message is sent will be deemed the date on which such notice is transmitted.
Pison’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Pison. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
You will not export or re-export, directly or indirectly, the products or services, or any technical information related thereto, to any destination or person prohibited or restricted by applicable law, including, without limitation, U.S. export control laws and regulations.
The parties disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
We reserve the right to change these Terms at any time and for any reason. Please review these Terms each time prior to making a purchase. Every time you order Products, the Terms in force at that time will apply between you and Pison.
If you have any questions regarding these Terms, you can contact Pison at support@pison.in-beta.link.
