The “App” shall mean Ozmo® Water logging and tracking app, the software provided by Groking Lab Limited to offer services related to allowing user to manually logged their drinks, getting hydration insights and coaching, acquire information on hydration goal, linked with 3rd partner health and wellness app, linked with the Ozmo hydration hardware, acquire notification on users drinking behavior and report, to be used on Apple IOS and Android Samsung Edge 6 and 7 / Note 5 devices and any upgrades from time to time and any other software or documentation which enables the use of the App.
5.1 All trade marks, copyright, database rights, and other intellectual property rights of any nature in the App together with the underlying software code are owned directly either by Groking Lab Limited or by Groking Lab Limited’s licensors.
6.1 You will not, nor allow third parties on your behalf to:
- make and distribute copies of the App;
- attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, or translate the App; or
- create derivative works of the App of any kind whatsoever.
6.3 You acknowledge that the terms of agreement with your respective mobile network provider (the “Mobile Provider”) will continue to apply when using the App. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the App or for any such third party charges as may arise. You accept responsibility for any such charges that arise.
6.4 If you are not the bill payer for the mobile telephone or handheld device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.
7.1 This App is available to handheld mobile devices running Apple IOS version 7 and above and Android Samsung Edge 6 and 7 / Note 5. Groking Lab Limited will use reasonable efforts to make the App available at all times. However, you acknowledge the App is provided on the Internet and on mobile networks, so the quality and availability of the App may be affected by factors outside Groking Lab Limited’s reasonable control.
7.2 Groking Lab Limited, its group of companies, and its sub-contractors do not accept any responsibility whatsoever for unavailability of the App or any difficulty or inability to download or access content or any other communication system failure which may result in the App being unavailable.
7.3 Groking Lab Limited will not be responsible for any support or maintenance for the App.
8.1 In order to use the App, you are required to have a compatible mobile telephone or handheld device, Internet access, and the necessary minimum specifications (the “Software Requirements”).
8.2 The Software Requirements are as follows: iOS 7 or later and certain model of Samsung phone. The user also need to have the Ozmo App running in the background of the mobile phone operating system as well as linked to the Ozmo cloud service to acquire the most accurate information.
8.3 The version of the App software may be upgraded from time to time to add support for new functions and services.
9.1 Groking Lab Limited may terminate use of the App at any time by giving notice of termination to you.
9.2 Upon any termination:
- the rights and licences granted to you herein shall terminate; and
- you must cease all use of the software.
10.1 In no event will Groking Lab Limited be liable for any direct, indirect, special, punitive, exemplary, or consequential losses or damages of whatsoever kind arising out of your use of or access to the App, including loss of profit or the like whether or not in the contemplation of the parties or whether based on breach of contract, tort (including negligence), product liability, or otherwise.
10.2 Groking Lab Limited is not liable to you for any damage or alteration to your equipment, including but not limited to computer equipment, handheld devices, or mobile telephones, as a result of the installation or use of the App.
To the maximum extent permitted by law, and for the avoidance of doubt, Groking Lab Limited hereby disclaims all implied warranties with regard to the App. The App and software are provided “as is” and “as available” without warranty of any kind.
12.1 You may benefit from a free trial period if you are eligible (the “Offer”).
12.2 You will be required to submit your payment card details and to allow automatic payments upon signing up for a free trial.
12.3 If you do not wish to continue using the Ozmo Bottle once the free trial ends, you must cancel the order using the free trial cancellation form located in the Ozmo Water App store, three (3) working days before the trial ends. If you manage to return to Ozmo Bottle to the warehouse address within the United States of America at your own cost before the trial ends in a reusable condition (to be defined by Groking Lab Limited), we shall refund you the price of the Product. If the Product is received only after the trial period, you will be charged and we will issue a refund once the goods are checked.
12.4 To be eligible for the Offer, you must select the 30 Day Free Trial option inside the Ozmo Water app and reside in the following countries: USA
12.5 Notice will be sent if payment fails for any reason. It is the customers responsibility to make sure payment details are correct to allow successful renewal payments. Customer’s Ozmo app account will be suspended and will not able not able to reconnect to the Ozmo app in the future unless payment is reauthorized.
12.6 Groking Lab Limited reserves the right to remove or cancel the free trial offer at any time.
12.7 Groking Lab Limited reserves the right to change the features of the free trial offer at any time.
12.8 Groking Lab Limited reviews all orders and reserves the right to deny or cancel the Ozmo app service at any time and for any reason.
12.9 Groking Lab LTD. RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDTIONS AT ANY TIME.