User Terms

These terms and conditions (the User Terms) apply to your use of the mobile application and related use of the wearable and/or any other electronic devices provided by NOWATCH B.V. (NOWATCH) (collectively, the Services).

In these User Terms, we refer to ourselves as NOWATCH, us or we. We refer to you, as you or the User. NOWATCH and the User are referred to in these User Terms individually as a Party and collectively as the Parties.

Scope
1. NOWATCH will offer you the Services on the condition that you accept these User Terms. NOWATCH may amend these User Terms from time to time. The latest version of the User Terms applies to the relationship between NOWATCH and the User.
2. Certain functions of the Services may be covered by additional terms, which will be indicated before you gain access to these functionalities. NOWATCH will only offer these additional functions on the condition that you accept the additional terms when indicated.
Access & Use
1. To use the Services, you are required to obtain an active account for the Services (Account) and must comply with the Access Instructions we provide to you (Access Instructions). You are fully responsible for maintaining the security of your Account and securely following these Access Instructions.
2. You may not allow access to your Account or the Access Instructions to any unauthorised third party nor others that do not have the authority to represent you. You guarantee that any third party who has access to your Account or Access Instructions is authorised to represent you. You are fully responsible for the use of your Account and the non-disclosure of the Access Instructions, and your login credentials associated with your Account.
3. You acknowledge that you are at least 18 years of age and have the legal authority to accept the User Terms on your behalf or on behalf of any party you represent.
4. We are entitled to suspend, block or deny you access to the Services, at any time, without prior notification, and for any reason at our sole discretion.
5. NOWATCH may engage other service providers to assist in the performance of the Services, such as web hosting providers, payment processors, and other third-parties. You shall abide by the terms of use and other requirements associated with the services provided by such third-parties in connection with the Services.
Intellectual Property
1. NOWATCH is the exclusive owner of all intellectual property rights vested in and arising from the Services (including the underlying source and object code). These intellectual property rights include, but are not limited to, patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, trade secrets, licenses, domain names, know how, property rights and processes. Nothing in these User Terms shall be construed as transferring or assigning to the User any intellectual property rights in respect of the Services.
2. As long as you comply with these User Terms, NOWATCH hereby grants you a personal, non-exclusive, non-sublicensable, royalty-free non-transferable, and revocable license to use the Services, as determined solely by NOWATCH (the License). NOWATCH may withdraw your License at any time for any reason – also see clause 8.
3. The Services and your License are for private use only and may only be used for non-business and/or non-commercial purposes. You will not reproduce, resell, or distribute the Services or any reports or data generated by the Services for any other purpose unless you have been specifically permitted to do so under a separate agreement with us.
Personal Data
1. NOWATCH will obtain personal data from you in connection with your registration, installation, and use of the Services. NOWATCH may also collect and process technical and performance information on your use of the Services and use this information to support and troubleshoot issues, provide updates, analyse trends, and improve the NOWATCH Services. In that respect we act as Controller within the meaning of the General Data Protection Regulation (GDPR). In our Privacy Notice and Cookie Notice on our Website (as amended from time to time), you can read which personal data we collect and for what purposes.
No Warranty
1. To the maximum extent permitted by law, the Services are provided ‘as-is and ‘as-available’ without warranty of any kind.
2. We will use our reasonable efforts to ensure the availability of the Services to you at all times. However, we do not make any commitments and do not accept any responsibility with regard to the availability, quality, continuity, functionality or usability of the Services, nor do we make any other commitments other than those expressly set out in these User Terms. In this regard, you acknowledge and agree that:
  1. the Services are provided over the internet, mobile networks and Bluetooth connections and thus the quality and availability of the Services may be affected by factors outside our reasonable control;
  2. the Services are not official NOWATCH Services and have not been released for broader commercially use by NOWATCH;
  3. the Services may not operate properly, be in final form or fully functional;
  4. the Services may contain bugs, errors, design flaws or other problems;
  5. it may not be possible to make the Services fully functional;
  6. the information obtained using the Services may not be accurate and may not accurately correspond to information extracted from any other NOWATCH Services; and
  7. NOWATCH is under no obligation to release a commercial, or otherwise final, version of the Services.
3. The Services do not provide medical advice and you hereby expressly acknowledge and agree that the Services do not involve the provision of medical advice by NOWATCH. The Services are not intended to diagnose, treat, cure, or prevent any disease or medical condition. The Services are for informational purposes only and cannot replace the services of physicians or medical professionals. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of the Services. Any use of the Services is entirely at the risk of the User.
Third-party content
1. The Services may contain links to other websites and/or content from third parties. Any content not owned by NOWATCH is owned by its respective owner. You acknowledge and agree that:
  1. such content is provided by its owner and for your convenience only, and does not reflect any endorsement, affiliation, relationship, or sponsorship by NOWATCH with respect to the provider of such content;
  2. the veracity, accuracy, reasonability, reliability and completeness of information contained in such content has not been verified by NOWATCH and that NOWATCH accepts no responsibility or liability whatsoever in with regard to such content; and
  3. your use of any third-party websites and/or content is subject to the terms and conditions applicable to that website, including the privacy policies (or lack thereof) of such site;
2. If a third party links to NOWATCH and related Services, it is not necessarily an indication of endorsement, affiliation, relationship, or sponsorship by or with NOWATCH. NOWATCH may not even be aware that a third party has linked to the Services.
Termination
1. NOWATCH may partially or entirely terminate, suspend or alter the provision of the Services at any time, without prior notification, and for any reason at its sole discretion.
2. Upon termination of these User Terms, you will cease using the Services (if still possible) and promptly return or destroy all copies of the Services in their possession (if any). All obligations related to intellectual property (article 3) and warranties (article 5) shall survive the termination of these User Terms.
Miscellaneous
1. These User Terms are exclusively governed by Dutch law.
2. All disputes between NOWATCH and you regarding these User Terms shall be submitted exclusively to the competent Dutch court for the district in which you are resident.
3. If any provision of these User Terms is deemed unlawful, void, voidable or otherwise unenforceable, this does not affect the validity and enforceability of the remaining provisions of these User Terms. The unlawful, void, voidable or otherwise unenforceable part shall be deemed replaced by a valid and enforceable provision that achieves the aim and scope of the replaced provision closely.
4. You cannot transfer your rights and obligations under these User Terms or the User Terms itself to third parties.
5. If we do not enforce or exercise (parts of) the rights we have pursuant to these User Terms, this cannot be construed as consent or waiver of the right to enforce them at a later moment in time or against you.

User Terms

Scope

NOWATCH will offer you the Services on the condition that you accept these User Terms. NOWATCH may amend these User Terms from time to time. The latest version of the User Terms applies to the relationship between NOWATCH and the User.
Certain functions of the Services may be covered by additional terms, which will be indicated before you gain access to these functionalities. NOWATCH will only offer these additional functions on the condition that you accept the additional terms when indicated.

Access & Use

To use the Services, you are required to obtain an active account for the Services (Account) and must comply with the Access Instructions we provide to you (Access Instructions). You are fully responsible for maintaining the security of your Account and securely following these Access Instructions.
You may not allow access to your Account or the Access Instructions to any unauthorised third party nor others that do not have the authority to represent you. You guarantee that any third party who has access to your Account or Access Instructions is authorised to represent you. You are fully responsible for the use of your Account and the non-disclosure of the Access Instructions, and your login credentials associated with your Account.
You acknowledge that you are at least 18 years of age and have the legal authority to accept the User Terms on your behalf or on behalf of any party you represent.
We are entitled to suspend, block or deny you access to the Services, at any time, without prior notification, and for any reason at our sole discretion.
NOWATCH may engage other service providers to assist in the performance of the Services, such as web hosting providers, payment processors, and other third-parties. You shall abide by the terms of use and other requirements associated with the services provided by such third-parties in connection with the Services.

Intellectual Property

NOWATCH is the exclusive owner of all intellectual property rights vested in and arising from the Services (including the underlying source and object code). These intellectual property rights include, but are not limited to, patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, trade secrets, licenses, domain names, know how, property rights and processes. Nothing in these User Terms shall be construed as transferring or assigning to the User any intellectual property rights in respect of the Services.
As long as you comply with these User Terms, NOWATCH hereby grants you a personal, non-exclusive, non-sublicensable, royalty-free non-transferable, and revocable license to use the Services, as determined solely by NOWATCH (the License). NOWATCH may withdraw your License at any time for any reason – also see clause 8.
The Services and your License are for private use only and may only be used for non-business and/or non-commercial purposes. You will not reproduce, resell, or distribute the Services or any reports or data generated by the Services for any other purpose unless you have been specifically permitted to do so under a separate agreement with us.

Personal Data

NOWATCH will obtain personal data from you in connection with your registration, installation, and use of the Services. NOWATCH may also collect and process technical and performance information on your use of the Services and use this information to support and troubleshoot issues, provide updates, analyse trends, and improve the NOWATCH Services. In that respect we act as Controller within the meaning of the General Data Protection Regulation (GDPR). In our Privacy Notice and Cookie Notice on our Website (as amended from time to time), you can read which personal data we collect and for what purposes.

No Warranty

To the maximum extent permitted by law, the Services are provided ‘as-is and ‘as-available’ without warranty of any kind.
We will use our reasonable efforts to ensure the availability of the Services to you at all times. However, we do not make any commitments and do not accept any responsibility with regard to the availability, quality, continuity, functionality or usability of the Services, nor do we make any other commitments other than those expressly set out in these User Terms. In this regard, you acknowledge and agree that:
1. the Services are provided over the internet, mobile networks and Bluetooth connections and thus the quality and availability of the Services may be affected by factors outside our reasonable control;
2. the Services are not official NOWATCH Services and have not been released for broader commercially use by NOWATCH;
3. the Services may not operate properly, be in final form or fully functional;
4. the Services may contain bugs, errors, design flaws or other problems;
5. it may not be possible to make the Services fully functional;
6. the information obtained using the Services may not be accurate and may not accurately correspond to information extracted from any other NOWATCH Services; and
7. NOWATCH is under no obligation to release a commercial, or otherwise final, version of the Services.
The Services do not provide medical advice and you hereby expressly acknowledge and agree that the Services do not involve the provision of medical advice by NOWATCH. The Services are not intended to diagnose, treat, cure, or prevent any disease or medical condition. The Services are for informational purposes only and cannot replace the services of physicians or medical professionals. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of the Services. Any use of the Services is entirely at the risk of the User.

Third-party content

The Services may contain links to other websites and/or content from third parties. Any content not owned by NOWATCH is owned by its respective owner. You acknowledge and agree that:
1. such content is provided by its owner and for your convenience only, and does not reflect any endorsement, affiliation, relationship, or sponsorship by NOWATCH with respect to the provider of such content;
2. the veracity, accuracy, reasonability, reliability and completeness of information contained in such content has not been verified by NOWATCH and that NOWATCH accepts no responsibility or liability whatsoever in with regard to such content; and
3. your use of any third-party websites and/or content is subject to the terms and conditions applicable to that website, including the privacy policies (or lack thereof) of such site;
If a third party links to NOWATCH and related Services, it is not necessarily an indication of endorsement, affiliation, relationship, or sponsorship by or with NOWATCH. NOWATCH may not even be aware that a third party has linked to the Services.

Termination

NOWATCH may partially or entirely terminate, suspend or alter the provision of the Services at any time, without prior notification, and for any reason at its sole discretion.
Upon termination of these User Terms, you will cease using the Services (if still possible) and promptly return or destroy all copies of the Services in their possession (if any). All obligations related to intellectual property (article 3) and warranties (article 5) shall survive the termination of these User Terms.

Miscellaneous

These User Terms are exclusively governed by Dutch law.
All disputes between NOWATCH and you regarding these User Terms shall be submitted exclusively to the competent Dutch court for the district in which you are resident.
If any provision of these User Terms is deemed unlawful, void, voidable or otherwise unenforceable, this does not affect the validity and enforceability of the remaining provisions of these User Terms. The unlawful, void, voidable or otherwise unenforceable part shall be deemed replaced by a valid and enforceable provision that achieves the aim and scope of the replaced provision closely.
You cannot transfer your rights and obligations under these User Terms or the User Terms itself to third parties.
If we do not enforce or exercise (parts of) the rights we have pursuant to these User Terms, this cannot be construed as consent or waiver of the right to enforce them at a later moment in time or against you.

User Terms

Flagship Store

Headquarters

User Terms

Flagship Store

Headquarters