Withings Services Terms and Conditions
1. Relationship between you and Withings.
By using our Websites, our Applications, our Products and services, our Web hosting services, our application program Interface (Hereinafter the “Services”) you expressly manifest your agreement to the following Withings Services Terms and Conditions.
The Withings Services Terms and Conditions are binding and form a contract between you and Withings Inc, having its Business office located at 101 Main Street, Floor 14, Cambridge, Massachusetts, 02142, United States of America (USA). (hereinafter “Withings” or “We”).
The Withings Services Terms and Conditions are composed of:
- Our Policy Statement on Data Protection
- Our legal notes
- Our General Sales Conditions
- Our Compliance Page
Our Products must be used in accordance with the User guide attached to it. You can find our userguide on the Withings Help Center.
As a user of Withings Services, You, acknowledge and guarantee:
- That You have obtained and read a copy of the Withings Services Terms and Conditions
- To be in possession of the Withings Services Terms and Conditions on a durable media especially, but not limited to, by printing them out; Durable media means any instrument which enables you to store information addressed personally to you in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored
- To be of age or authorized to use the Services under the law of your country of residence;
- That you agree with, and do not object with any clause or part of the Withings Services Terms and Conditions;
- That by using all or part of the Services you do not object with any clause or part of the Withings Services Terms and Conditions;
Any objection or contestation to the Withings Services Terms and Conditions (hereafter the "Conditions") would be interpreted as a refusal to agree to the Conditions. IF YOU WERE TO DISAGREE WITH THOSE TERMS AND CONDITION YOU ARE REQUESTED NOT TO USE ANY OF OUR PRODUCTS OR SERVICES.
2. Modification of the Withings Services Terms and Conditions
It is understood between the parties that Withings keeps the right, in any case, to modify all or part of the Withings Services Terms and Conditions, to reflect changes to the law or any applicable regulation, changes to our Services or any event which is deemed sufficient by Withings to command such revisions. Any new version of the Withings Services Terms and Conditions will not apply retroactively but replaces and supersedes the previous Withings Services Terms and Conditions. We advise you to frequently consult the Withings Services Terms and Conditions and to save the latter version on durable media.
3. General provisions
If any provision of Withings Services Terms and Conditions is held invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable part or provision will be deemed as unwritten.
Any failure to exercise or delay in exercising any right, power or privilege under the Withings Services Terms and Conditions shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
c. Evidence – Electronic communication
Any notification and communication between Withings and you can be realised by any electronic means of communication such as emails. You hereby grant us your express consent for sending you by electronic means of communication any notification through your Withings Account.
d. Governing law – Dispute resolution
This Withings Services Terms and Conditions and all any action related thereto shall be governed, controlled, interpreted by and construed in accordance with the laws of the State of Massachusetts (USA) without regard to principles of conflict of laws.
Any dispute, claim or controversy arising out of or relating to this Withings Services Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this WWithings Services Terms and Conditions to arbitrate, shall be determined by arbitration rather that in court, except that you may assert claims in small claims court if you claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
The arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to its Streamlined Arbitration Rules and Procedures then in effect. The arbitration will be conducted on an individual basis – class arbitrations and class actions are not permitted -, in the hometown area of the consumer, using the English language, by one arbitrator who shall be selected from the appropriate list of JAMS arbitrators.
Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction
Updated on 07 May 2015.