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Terms and Conditions

Last update: 17 January 2021

You are reviewing these Terms of Use because you use or have purchased, or are considering purchasing or using the Jawsaver products (the “Jawsaver Products”) to be used with the Jawsaver mobile application (the “App” or “Mobile App”) and website at jawsaver.com (the “Website”), collectively the “Services”.

THESE TERMS OF USE ARE A LEGAL AGREEMENT BETWEEN USERS (“YOU”, “YOUR”) AND JAWSAVER B.V. (“JAWSAVER”, “WE”, “US”, “OUR”) PLEASE READ THEM THROUGH CAREFULLY BEFORE USING ANY OF OUR SERVICES. By using any of our Services you signify your agreement to these Terms of Use (the “Terms of Use”). If you do not agree to these Terms of Use, you may not use our Services and should not purchase our Services.

Support and Questions

If you have any questions about the installation or use of the Jawsaver Services or have technical difficulties, you will find FAQs on our Website or you may contact us using the contact form available on the website.

Changes to Services and Terms

We may change or discontinue, in whole or in part, our Services at any time without notice. You acknowledge that Jawsaver is not liable to you or to any third party for any such action.

We may modify these Terms of Use from time to time. The most current Terms of Use will be available on jawsaver.com and the date of the latest update is indicated at the top of these Terms of Use. We may communicate major changes with a special notice on our Services or by email. You accept such modified Terms of Use by continuing to use of our Services.

Requirements for Use of Our Services

You represent and warrant that you are aged 18 years or older and have the legal authority to accept these Terms of Use on your own behalf or any party you represent. Please also refer to the Precautions in these Terms of Use.

To obtain the full benefit of our services, you require the Jawsaver products, the Jawsaver app, internet access to the Mobile App and Website, and other required software (if any). Periodic updates to any of these elements may be required for improved performance, and the performance of the whole may be affected by the performance of any of these elements. You are responsible for obtaining your own Internet access and mobile device to access the Jawsaver Services.

Disclaimer and Precautions

Please note that our Services are not intended to diagnose, treat, cure, or prevent any disease or medical condition. 

The information and guidance in our Services are there for informational purposes only and cannot replace the services of health professionals or physicians. You should always consult a physician before making any changes to your sleep or activity based on information or guidance of our Services, or if you have any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on or through our Services. We are not responsible for any health problems that may result from information or guidance you learn about through our Services. If you make any change to your sleep or activity based on our Services, you agree that you do so fully at your own risk. It is important to be sensitive to your body’s responses. For example, if you feel unexpected, repeating or long-term pain, fatigue or discomfort due to having made changes to your sleep or activity, it is recommended that you consult a physician before continuing with such changes. The information and guidance in our Services may be misleading if your physiological functions and responses differ significantly from population averages due to medical conditions or rare natural differences.

Corporate Contact Info

Mailing Address: Padualaan 8, 3584 CH, Utrecht, the Netherlands

For questions on support, orders, returns or product information, please contact us using the contact form available on the website.

Privacy Policy

Our Services are subject to the Jawsaver Privacy Policy, which can be found at jawsaver.com/privacy-policy

Limited License and Ownership

You are hereby granted a non-exclusive, revocable and nontransferable license to use our Services in accordance with these Terms of Use.

Jawsaver B.V. or its licensors own all title and rights to the Jawsaver Services, including, but is not limited, to all copyrights, trademarks, know-how and other intellectual property rights included therein. You may not reproduce (whether by linking, framing or any other method), transfer, distribute, store, modify, decompile, disassemble, or create derivative works of, publicly display, or commercially exploit any part of our Services except as necessary to display, download or print (without modification) for your own non-commercial use. All rights in the Jawsaver Services not expressly granted to you by Jawsaver are retained by Jawsaver and its licensors. Violation of any of these Terms of Use gives Jawsaver sole discretion to refuse or terminate access to the Jawsaver Services effective immediately. In such an event you are obliged to immediately destroy any copies you have made of any portion of the Jawsaver Services.

You may propose to Jawsaver modifications or improvements to all or any part of the Jawsaver Services. By choosing to disclose such proposal to Jawsaver, you hereby grant Jawsaver all title and ownership and intellectual property rights to such proposal.

Indemnity

You agree to defend, indemnify and hold Jawsaver and its partners, affiliates, service providers, licensors, officers, directors, employees and agents harmless from and against any claims, actions or demands, including but not limited to reasonable legal and accounting fees, alleging or resulting from: (a) your violation of these Terms of Use; or (b) your violation of Jawsaver’s intellectual property rights, any third-party rights or any applicable law when using the Jawsaver Services.

Local Law and Export Control

In relation to your purchase and use of the Jawsaver Services, you agree to comply with the laws of your local jurisdiction as well as with any export restrictions of the United States and certain other countries on products or information.

Third Party Services

To increase value to our users, we may provide links or references to third party websites or services within the Jawsaver Services. We have no control of such websites or services and do not assume any responsibility or liability for any damage or loss of any kind for or due to their content, functionality, or practices. If you decide to access these third party websites or services, you do so at your own risk. Jawsaver suggests that before using these third party websites or services you read their terms of use and privacy policies (if any).

Content and Warranty Disclaimer

EXCEPT FOR THE LIMITED WARRANTY FOR THE JAWSAVER PRODUCT SET FORTH BELOW, THE JAWSAVER SERVICES ARE PROVIDED BY JAWSAVER AND ITS AFFILIATES “AS IS”.

NEITHER JAWSAVER NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE JAWSAVER SERVICES (INCLUDING THE JAWSAVER PRODUCTS), ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE JAWSAVER SERVICES. IN ADDITION, JAWSAVER AND ITS PARTNERS, SUPPLIERS AND AFFILIATES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE JAWSAVER SERVICES (INCLUDING THE JAWSAVER PRODUCTS), EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, JAWSAVER DOES NOT WARRANT THAT USE OF THE JAWSAVER SERVICES WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE JAWSAVER SERVICES (INCLUDING ANY JAWSAVER PRODUCT) ARE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.

LIMITED WARRANTY FOR THE JAWSAVER PRODUCT. JAWSAVER WARRANTS TO THE ORIGINAL END USER PURCHASER THAT THE JAWSAVER PRODUCT IS FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR ONE (1) YEAR FROM THE DATE OF PURCHASE. If your local law in effect at the time of purchase requires a warranty period longer than one (1) year, this warranty shall be extended to the extent required by such law. Within the warranty period, Jawsaver shall repair or replace at no charge to you any components of the Jawsaver Product that fail the limited warranty provided. You shall be responsible for any related transportation charges.  Replacement products may be new or refurbished at our discretion. This limited warranty does not apply to (i) normal wear and tear, including scratches and dents; (ii) consumable parts included in the Jawsaver Product, such as batteries, unless product damage has occurred due to a defect in materials or workmanship; (iii) damage resulting from your failure to use the Jawsaver Product in accordance with the instructions accompanying the Jawsaver Product or available at the Website; (iv) damage resulting from an accident, flood, fire, misuse, or abuse; (v) damage resulting from service performed, or damage resulting from tampering or alterations to the Jawsaver Product, by anyone not authorized by Jawsaver; or (vi) use of the Jawsaver Product with any other application or software than the Jawsaver Mobile App.

Jawsaver retains the exclusive right to repair or replace the Jawsaver Product, or offer a full refund, at its sole discretion. Such remedy shall be your sole and exclusive remedy for any breach of warranty. Warranty repairs and replacements have a new warranty which is the longer of ninety (90) days or the balance of the original one year warranty.

Limitation of Liability

IN NO EVENT WILL JAWSAVER OR ANY OF ITS AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE JAWSAVER SERVICES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT JAWSAVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF JAWSAVER, ARISING FROM OR RELATING TO THE JAWSAVER SERVICES (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100. JAWSAVER’S AFFILIATES, PROVIDERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE WEBSITE. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations will apply to the maximum extent allowed by such applicable law.

Trademarks and Patents

Jawsaver logo and marks are trademarks or registered trademarks of Jawsaver B.V. Patents pending. All rights reserved. You are not granted, by implication or otherwise, any license or right to use any marks appearing on Jawsaver Services. One or more patents owned by Jawsaver (or patents licensed from third parties) apply to the Jawsaver Products and to the features and services accessible via the Jawsaver Services maintained by Jawsaver.

Governing Law and Disputes

The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these terms of Use or your purchase of any element of the Jawsaver Services.

If you reside in the United States, these Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to the principles of conflicts of law of any jurisdiction.  If you reside in any other country, these Terms of Use shall be governed by and construed in accordance with the laws of the Netherlands, without regard to the principles of conflicts of law of any jurisdiction.

Both parties shall use their best efforts to settle by amicable negotiations any disputes which may occur between them arising out of or relating to these Terms of Use; the existence, validity, termination, interpretation of any term hereof; and disputes regarding your use of the Jawsaver Services. If the parties fail to reach an amicable settlement, either party may refer such dispute to binding arbitration. If you reside in the USA, (A) the arbitration will be held in accordance with the International Arbitration Rules of the American Arbitration Association (“AAA”) in effect at the time of the arbitration (the “AAA Arbitration Rules”); (B) the AAA shall be the appointing authority and responsible for administering any arbitration hereunder in accordance with the AAA Arbitration Rules; and (C) the place of arbitration shall be in San Francisco, California.

If you reside in any other country or territory, (1) the arbitration will be held in accordance with the Arbitration Rules of the International Chamber of Commerce of the Netherlands (“ICC”) in effect at the time of the arbitration (the “ICC Arbitration Rules”); (2) the ICC shall be the appointing authority and responsible for administering any arbitration hereunder in accordance with the ICC Arbitration Rules; and (3) the place of arbitration shall be in Den Haag, the Netherlands.

In either case, the arbitration shall be conducted by a single arbitrator who shall be a professional, legal or otherwise, but shall not be, or have previously been associated with either party (the “Arbitrator”). The arbitral award shall be final, binding and non-appealable. The Arbitrator’s award must be reasoned and issued in writing within thirty (30) days of the hearing, unless otherwise agreed to by Jawsaver and you.

Notwithstanding the foregoing, in recognition of the irreparable harm that a breach by you of Jawsaver’s intellectual property rights would cause, Jawsaver may seek an injunction against such violation or breach in a court of competent jurisdiction.

General

English language shall govern all documents, notices, and interpretations of these Terms of Use. Sections titled Precautions, Indemnity, Content and Warranty Disclaimer, Limitation of Liability and Governing Law and Disputes shall survive and remain in effect after your license to use the Jawsaver Services has terminated for any or no reason.

Jawsaver’s failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Jawsaver in writing. These Terms of Use constitute the entire agreement between you and Jawsaver with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void.

TERMS OF DELIVERY

Last update: 17 January 2021

Jawsaver shop base country is the Netherlands. This may mean that your payment can be subject to foreign transaction if credit card is used. Please check for more information with your card issuing bank. Devices are shipped from the EU. Jawsaver delivers according to Incoterms® rules 2010 as mentioned below.

The European Union and USA

DDP – Delivered Duty Paid

Jawsaver is responsible for delivering the goods to the named place in the country of the buyer, and pays all costs in bringing the goods to the destination including import duties and taxes.

Outside the European Union and USA

DAP – Delivered at Place

Jawsaver pays for carriage to the named place, except for costs related to import clearance, and assumes all risks prior to the point that the goods are ready for unloading by the buyer.