This Privacy Notice describes how Invoy Technologies, LLC, Invoy Weight Loss, LLC, and its subsidiaries and affiliates (collectively "Invoy," "we," "us") collects, processes, uses, discloses, and secures information through its mobile application (the "Voyager Mobile App"), its web service ("Portal"), and its websites including http://www.invoy.com (the "Website") (collectively the "Web Services"). The Web Services are provided in conjunction with the use of the Voyager System, which is only distributed to adult Clients of Invoy Weight Loss, LLC. Use of the Voyager System and collection of data from such use is limited to adults who are over 18 years of age.
There are many different ways You can use the Voyager System: to obtain Your Ketone Score, to obtain Your trended Ketone Score, to journal daily progress metrics, and to email Your results. In order to deliver the Voyager System to You, we require You to consent to the collection and processing of Your personal information when You initially begin using the Voyager System. Your information is stored in two locations: Your mobile device and Invoy's secure, encrypted cloud server, resident server or web server. As You use the Voyager System, we want You to be clear about how we are using information and the ways in which You can protect Your privacy.
We've tried to keep it as simple as possible, but if You're not familiar with terms like cookies, IP addresses, pixel tags and browsers, then read about these key terms first.
Your privacy matters to Invoy, so whether You are new to Invoy or a long-time user, You can get to know our practices below, and contact us at email@example.com if You have any questions.
This document sets forth the terms of service for the Invoy Technologies, LLC ("Invoy") web service ("Portal"), its mobile application (the "Voyager Mobile App"), and its websites including http://www.invoy.com (the "Website") (collectively the "Web Services"). The Web Services are provided in conjunction with the use of the Breath Analysis System, comprising of the Voyager Base Unit and Voyager Disposables ("Breath Analysis System"). The term "Voyager System" refers to any one of or a combination of the Web Services and/or the Breath Analysis System.
BY CLICKING ON THE ACCEPTANCE BUTTON OR BY ACCESSING OR USING THE VOYAGER MOBILE APP, YOU ACCEPT THE TERMS AND CONDITIONS SET FORTH IN THIS TERMS OF SERVICE DOCUMENT. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT CLICK THE ACCEPTANCE BUTTON, EXIT THIS PROGRAM, AND DO NOT ACCESS OR USE THE VOYAGER MOBILE APP.
1. REGISTRATION; TERM OF REGISTRATION
You must be a registered Client with Invoy to access or use the Voyager Mobile App. You are registered through Portal and are enrolled upon acceptance of these Terms of Service, or through the website (http://www.invoy.com). With that, You may access and use the Voyager Mobile App to view certain data pertaining to You as made available by Invoy. You may not access or use the Voyager Mobile App for any other purpose.
1.2 Term of Your Registration
The term of Your registration will commence as of the date You accept the terms and conditions on the Voyager Mobile App ("Enrollment Date") and, unless earlier suspended or terminated in accordance with these Terms and Conditions, will continue to be registered in perpetuity ("Term"). Notwithstanding the foregoing, Your registration may automatically expire following any period of inactivity associated with Your account in excess of twelve (12) consecutive months.
All notices from Invoy to You shall be deemed delivered and effective when sent to the email address provided by You during the registration process or when posted to and made available to You on the Voyager Mobile App ("Notice").
2. MODIFICATIONS TO THE VOYAGER MOBILE APP / TERMS AND CONDITIONS
2.1 Modifications to the Voyager Mobile App / Terms and Conditions
You acknowledge and agree that Invoy, in its sole discretion, may modify the Voyager Mobile App and these Terms and Conditions (including any instructions, policies or guidelines referenced herein) at any time and in any manner. Upon modification of these Terms and Conditions, Invoy will notify You by sending an email or by posting the modified Terms of Service on the Website or the Voyager Mobile App. All such modifications shall be binding upon You when made. You may not amend or modify the Voyager Mobile App, the Website, Portal or these Terms and Conditions under any circumstances.
3. REPRESENTATIONS, COVENANTS AND WARRANTIES
3.1 Representations, Covenants and Warranties of Registrant
You represent, covenant and warrant to Invoy that: (1) You are a resident of the USA; (2) will use the Voyager System only as authorized and intended; (3) these Terms and Conditions have been executed and delivered by You and constitute a valid and binding agreement with You, enforceable against You in accordance with their terms; (4) if You are using the Voyager System on behalf of another entity, You are an authorized representative of the entity, with the authority to bind the entity, and through Your agreement to the Terms of Service, You have bound the entity to these Terms and Conditions; (5) You will not access or use the Voyager System except as expressly permitted by these Terms and Conditions and any additional instructions, guidelines or policies issued by Invoy, including those posted on the Voyager Mobile App or on the Website; (6) You will access and use the Voyager System in full compliance with applicable Law (as defined in Section 4.1); and (7) all of the information, data and other materials provided by You in support of Your online registration are accurate and truthful in all respects.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE VOYAGER SYSTEM IS AT YOUR SOLE RISK, AND THE VOYAGER SYSTEM IS PROVIDED ON AN "AS IS," "WHERE IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, INVOY MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING (1) THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT OR RESULTS TO BE DERIVED FROM THE USE OF THE VOYAGER SYSTEM OR ANY DATA SERVICE, SOFTWARE, HARDWARE, DELIVERABLE, WORK PRODUCT OR OTHER MATERIALS RELATED TO THE VOYAGER SYSTEM, OR THE AVAILABILITY OF ANY OF THE FOREGOING; OR (2) WHETHER THE INFORMATION AVAILABLE ON OR TRANSMITTED BY THE VOYAGER SYSTEM IS TRUE, COMPLETE OR ACCURATE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT INVOY IS NOT RESPONSIBLE FOR ANY HEALTHCARE OR OTHER DECISIONS MADE BY YOU OR YOUR HEALTHCARE PROFESSIONAL BASED UPON DATA COLLECTED, TRANSMITTED OR DISPLAYED BY OR ON THE VOYAGER SYSTEM, WHETHER SUCH DATA IS ACCURATE OR INACCURATE. FURTHER, INVOY DOES NOT REPRESENT, COVENANT OR WARRANT THAT ACCESS TO OR SERVICES PROVIDED BY THE VOYAGER SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS INHERENT TO TRANSMITTING INFORMATION OVER AND STORING INFORMATION ON OR VIA THE INTERNET AND THAT INVOY IS NOT RESPONSIBLE FOR ANY LOSSES, CORRUPTION, DAMAGE, OR INJURY TO YOUR DATA, CONFIDENTIALITY OR PRIVACY IN CONNECTION THEREWITH.
You shall use the Voyager System in strict compliance with: (1) these Terms and Conditions; (2) any additional instructions, guidelines or policies issued by Invoy, including those posted on the Voyager Mobile App or on the Website; and (3) all applicable laws, rules and regulations (collectively, "Laws").
4.2 Use Prohibitions
You agree to use the Voyager System only for their authorized and intended purpose. You must use the Voyager System in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Voyager System (including the Voyager Base Unit, Voyager Disposables: cartridges, and breath bags) are prohibited. You may not:
attempt to interfere with, harm, copy, translate, disassemble, decompile, reverse engineer, steal from, or gain unauthorized access to the Voyager System, user accounts, or the technology and equipment supporting the Voyager System; frame or link to the Voyager System without permission; use data mining, robots, or other data gathering devices on or through the Voyager System, unless specifically allowed by these Terms; post incomplete, false, or misleading information, impersonate another person, or misrepresent Your affiliation with a person or entity; disclose personal information about another person or harass, abuse, or post objectionable material; sell, transfer, or assign any of Your rights to use the Voyager System to a third party without Invoy’s prior express written consent; post advertising or marketing links or content, except as specifically allowed by these Terms and Conditions; use the Voyager System in an illegal way or to commit an illegal or wrongful act in relation to the Voyager System or that otherwise results in fines, penalties, and other liability to Invoy or others; or access the Voyager System from a jurisdiction where it is illegal or unauthorized.
4.3 Territorial and Governmental Restrictions
You represent and warrant that You are a resident of the United States, and that You will use the Voyager System only in the United States, and that You will not export or use the Voyager System outside the United States without the prior express written authorization by Invoy, which Invoy may provide or refuse to provide in its sole and absolute discretion. You also represent and warrant that You do not intend to use the Voyager System in connection with any governmental contract or program, and that You will not use the Voyager System in any such governmental contract or program without the prior express written authorization by Invoy, which Invoy may provide or refuse to provide in its sole and absolute discretion.
5.1 Use of Contractors
Invoy may engage third parties (including Invoy’s affiliates) to perform, or support the performance of, all or any portion of the Voyager System. Any engagement with any third party will be conducted in accordance with the Invoy Privacy Notice described in Section 7.1.
6. INTELLECTUAL PROPERTY RIGHTS; RESTRICTIONS ON USE
6.1 Ownership of the Application and Related Material
As between Invoy and You (collectively, "Parties"), Invoy owns and will retain ownership of all rights, title and interest in and to the Voyager System, including: (1) all content displayed on the Voyager System, to the extent such content is developed by Invoy or its third party licensors, including any derivative works of the Voyager System and any such content; and (2) any intellectual property or other proprietary rights comprising any of the foregoing (collectively, "Invoy IP"). Neither these Terms and Conditions nor any disclosure made hereunder grant any license to You under any Invoy IP, except as expressly provided in section 6.3 herein.
By creating, posting, or sharing data and images on or through the Voyager System ("Your User Content"), and subject to the Privacy Notice, You grant Invoy a perpetual, irrevocable, world-wide, non-exclusive, sub-licensable, royalty-free, fully paid up, transferable license to store, reproduce, distribute, publicly display, publicly perform, create derivative works of, and otherwise use and modify Your User Content for the purposes of providing and enhancing the Voyager System, or other Invoy products and services. We may also create anonymized data and images from Your User Content, and such data and images will no longer be Your User Content. You waive any rights You may have regarding Your User Content being altered or manipulated in any way that may be objectionable to You. Invoy reserves the right to refuse to accept, post, display, or transmit any of Your User Content in its sole discretion.
You represent and warrant that: (i) You own the content posted by You on or through the Voyager System or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your User Content on or through the Voyager System does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your User Content on the Voyager System does not result in a breach of contract between You and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content You post on or through the Voyager System. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
Invoy may review and remove Your User Content at any time for any reason, including for activity which, in its sole judgment: violates these Terms and Conditions; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Voyager System.
6.2 Rights in Measurement Data Generated Using the Voyager System
6.3 Use of the Voyager Mobile App
You may use the Voyager System, including any data presented on or by the Voyager System for You, or otherwise hosted or stored by Invoy for You, only on Your own behalf and for lawful and appropriate purposes. You shall not use the Voyager Mobile App, the Website or any of the data presented on or by the Voyager System, or otherwise hosted or stored by Invoy, for any commercial purpose other than as expressly permitted herein. This license is revocable at any time without notice and with or without cause. You will notify Invoy immediately upon any suspected unauthorized use of the Voyager System, whether by You or a third party, or any suspected loss of or suspected unauthorized access to passwords or other login information used by You to access the Voyager System ("Login Credentials"). You shall be solely responsible for maintaining the confidence and security of any Login Credentials, and Invoy shall bear no liability or other responsibility associated therewith.
6.4 Personalized Surveillance Service
Under some circumstances, Invoy may present You with notifications or suggested actions based on Invoy’s analysis of Your historical data and other information You have provided to Invoy such as ‘medications’, ‘symptoms’ or ‘activities’. For example, Invoy may suggest that You speak with a weight loss professional or clinician after periods of limited progress on Your weight loss program. Those notifications or suggested actions, or lack thereof, are not an indication of Your health and they are not an indication or admission by Invoy that the Voyager System, or any part of the Voyager System, is a medical device.
You may also schedule reminder notices using the Voyager System, such as reminders to perform breath measurements before eating. Invoy makes no representations about accuracy, reliability, completeness, or timeliness of any push notifications, as parts of the process are outside of Invoy’s control. You accept that any reliance on these reminders will be at Your own risk, and Invoy disclaims any and all liability arising from Your use of them. You agree that Invoy may send push notifications to Your mobile device. However, if You change the settings of Your mobile device to not accept push notifications from Invoy, You may not receive these notifications.
7. PRIVACY NOTICE
7.1 Privacy Notice
You explicitly consent to the collection, storing, hosting, use, disclosure and other processing, handling or disposition of information as described in the Invoy Privacy Notice located at www.invoy.com/privacy, as such notice may be amended by Invoy in its sole discretion from time to time. Upon modification of the Privacy Notice, Invoy will notify You by email or by placing the modified Privacy Notice on its Website or the Voyager Mobile App.
8. SUSPENSION AND TERMINATION
Invoy may suspend or limit Your access to the Voyager Mobile App or the Website at any time, with or without cause and with or without notice at its discretion. This includes suspending or limiting Your access if Invoy, in its sole discretion, suspects that You are in violation of, or reasonably likely to be in violation of, these Terms and Conditions or any additional instructions, guidelines or policies issued by Invoy, including those posted in the Voyager Mobile App or on the Website.
You may cancel Your registration at any time in accordance with the procedures described on the Website.
8.3 Termination by Invoy
Invoy may terminate Your registration, including Your right to access and use the Website or the Voyager Mobile App, in whole or in part, as follows:
For Cause. Immediately (1) in order to comply with applicable Law or instructions from any governmental agency or authority; (2) if Invoy, in its sole discretion, suspects that You are using the Voyager System in a manner not permitted by these Terms and Conditions; or (3) upon any breach of these Terms and Conditions by You.
For Convenience. For convenience, upon notice by Invoy to You, by email or by posting a notice on the Website.
8.4 Effect of Termination
Upon the expiration or earlier termination of Your registration or rights to use the Voyager System, for any reason: (i) You will no longer be authorized to access or use the Voyager System or otherwise use any of the features or services offered by or through the Voyager System; (ii) Invoy may delete or otherwise dispose of any data associated with You or Your account; and (iii) all rights and obligations of the Parties under these Terms and Conditions shall expire, except those rights and obligations under those sections specifically designated in Section 8.5.
8.5 Survival of Selected Provisions
Notwithstanding the expiration or earlier termination of Your registration or rights to use the Voyager System, the following sections of the Terms and Conditions shall survive any such expiration or termination: Sections 3.2, 6.1, 8.4, 9, 10, 11 and 12.
9.1 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE INVOY GROUP (AS DEFINED IN SECTION 10.1) SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RESULTING FROM YOUR USE OF THE VOYAGER SYSTEM, OR BASED UPON ANY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT (INCLUDING THESE TERMS AND CONDITIONS AND ANY ADDITIONAL INSTRUCTIONS, GUIDELINES OR POLICIES ISSUED BY INVOY, INCLUDING THOSE POSTED IN THE VOYAGER MOBILE APP OR ON THE WEBSITE), NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY (COLLECTIVELY, THE "EXCLUDED DAMAGES"). THE EXCLUDED DAMAGES ALSO INCLUDE WITHOUT LIMITATION, LOSS OF SAVINGS OR REVENUE; LOSS OF PROFIT; LOSS OF USE; LOSS OF LIFE OR HEALTH, THE CLAIMS OF THIRD PARTIES; AND ANY COST OF ANY SUBSTITUTE EQUIPMENT OR SERVICES. IF INVOY CANNOT LAWFULLY DISCLAIM LIABILITY FOR ANY OF THE FOREGOING DAMAGES, THEN INVOY GROUP’S MAXIMUM LIABILITY TO YOU IS LIMITED TO THE PURCHASE PRICE PAID BY YOU TO INVOY FOR THE VOYAGER MOBILE APP OR $100, WHICHEVER IS GREATER. THESE LIMITATIONS APPLY EVEN IF ANY OTHER REMEDIES AVAILABLE TO YOU FAIL OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
At its option, any member of the Invoy Group may seek all remedies available to it under law and in equity, including injunctive relief in the form of specific performance to enforce these Terms and Conditions, including any additional instructions, guidelines or policies issued by Invoy, including those posted on the Voyager Mobile App or on the Website, and/or actions for damages.
No action arising out of, in connection with, or relating to these Terms and Conditions or the subject of these Terms and Conditions shall be brought by You more than one (1) year after the accrual of the cause of action. This period shall not be extended for any reason, except by the written and signed consent of both Parties. All statutes or provisions of law which would toll or otherwise affect the running of the period of limitation are hereby waived, and no such statute or provision of law shall operate to extend the period limited in this paragraph.
10.1 Indemnity by You
You will indemnify and hold harmless Invoy, its affiliates and their respective current, future or former officers, directors, partners, equity holders, employees, agents, contractors, and their successor or assigns (collectively, the "Invoy Group") on demand, from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by any of the members of the Invoy Group, and, if directed by Invoy, shall defend the Invoy Group against: (1) all claims that any information, data or other materials provided by You in connection with Your use of the Voyager System (including Your application for registration to access and use the Voyager System) or these Terms and Conditions, or use thereof by any member of the Invoy Group, infringes, misappropriates or otherwise violates any patent, trademark, copyright, trade secret or other intellectual property or proprietary right of a third party; (2) all claims arising from fraud committed by, or the intentional misconduct, criminal acts or gross negligence of, You; and (3) all claims otherwise arising due to a failure by You to comply with any term or condition of these Terms and Conditions, including any additional instructions, guidelines or policies issued by Invoy, including those posted on the Voyager Mobile App or on the Website.
11. DISPUTE RESOLUTION
If a dispute arises under these Terms and Conditions between You and any member of the Invoy Group, such dispute shall be resolved, at the filing party’s election, in either a small claims court or by final and binding arbitration administered by the National Arbitration Forum or the American Arbitration Association, under their rules for consumer arbitrations. All disputes will be handled solely between the named parties, and not on any representative, private attorney general, or class basis. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU WAIVE YOUR RIGHT TO ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT) OR JURY, TO THE EXTENT PERMITTED BY LAW. Notwithstanding any other provision of these Terms and Conditions, any member of the Invoy Group may resort to court action for injunctive relief at any time if, in its good faith belief, the dispute resolution procedures described in this Section 11.1 would permit or cause irreparable injury to such member of the Invoy Group or any third party claiming against a member of the Invoy Group, due to delay arising out of such dispute resolution procedures.
11.2 Governing Law
All rights and obligations of You or the Invoy Group relating to these Terms and Conditions, including any additional instructions, guidelines or policies issued by Invoy, including those posted on the Voyager Mobile App or on the Website, shall be governed by and construed in accordance with the Law of the United States of America, State of California without giving effect to any choice-of-law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the Laws of any other jurisdiction.
12.1 Entire Agreement, Amendments and Modifications
These Terms and Conditions any additional instructions, guidelines or policies issued by Invoy, including those posted on the Voyager Mobile App or on the Website, constitute the entire agreement of the Parties with regard to Your use of the Voyager System, and all matters addressed herein, and all prior agreements, letters, proposals, discussions and other documents regarding the Voyager System and the matters herein are superseded and merged into these Terms and Conditions. They may be modified by Invoy as set forth herein or, otherwise, only by a written amendment signed by the Parties.
12.2 Force Majeure
Invoy will be excused from performance under these Terms and Conditions for any period that it is prevented from or delayed in performing any obligations pursuant to these Terms and Conditions, in whole or in part, as a result of a Force Majeure Event. For purposes of this Section 12.2, "Force Majeure Event" means an event or series of events caused by or resulting from any of the following: (1) weather conditions or other elements of nature or acts of God; (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (3) quarantines or embargoes, (4) labor strikes; (4) telecommunications, network, computer, server or Internet downtime; (5) unauthorized access to Invoy’s information technology systems by third parties; or (6) other causes beyond the reasonable control of Invoy.
If any provision of these Terms and Conditions shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the Parties’ original intentions as nearly as possible in accordance with applicable Law(s).
You may not assign these Terms and Condition (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Invoy, which may be withheld at Invoy’s sole discretion. Any attempted assignment by You that does not comply with the terms of this Section 12.4 shall be null and void. Invoy may assign these Terms and Conditions, in whole or in part, to any third party in its sole discretion.
The "Breath Analysis System" is a system designed, marketed and sold by Invoy Technologies, LLC ("Invoy") under the trademark "Voyager." The Breath Analysis System comprises the Voyager Base Unit and Voyager Disposables. The Breath Analysis System is supported by the Voyager Mobile App and Portal, which together with the Breath Analysis System, comprise the “Voyager System”.
Limited Warranty. Invoy’s warranty on its Products is limited to Clients of the Product or Products who have purchased it or them from Invoy or an authorized distributor or reseller, (referred to herein as "Client", "You", or “Your”). For a period of six (6) months from the Purchase Date, Invoy warrants to the Client of the Product that the Product shall be free from material defects in manufacture, material and workmanship and shall function in substantial conformity with its published performance specifications applicable at the time of shipment. EXCEPT FOR THE LIMITED WARRANTIES EXPRESSLY SET FORTH HEREIN, INVOY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, EXCEPT AS MANDATED BY APPLICABLE LAW. INVOY SPECIFICALLY AND EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Exclusions. IN THE EVENT THAT ANY PRODUCT IS ABUSED, MISUSED, ALTERED, OPENED (e.g., the Voyager Base Unit is opened, disassembled or its internal components in any way accessed or tampered with) OR MODIFIED WITHOUT INVOY’S PRIOR WRITTEN AUTHORIZATION, OR IF OTHERWISE SUBJECTED TO DAMAGE FROM ACCIDENT OR ACT OF NATURE, THE WARRANTY SHALL BECOME IMMEDIATELY AND COMPLETELY VOID, AND ALL LIABILITY OF INVOY SHALL CEASE WITH RESPECT TO THAT PRODUCT UNDER THE ABOVE WARRANTIES OR ANY SERVICE OR SUPPORT OBLIGATIONS WITH RESPECT TO IT.
Exclusive Remedies. In the event the Product does not meet the warranted standards, Invoy may, in its sole discretion, repair, replace, or credit the Product, which shall constitute the Client’s sole and exclusive remedy. IN NO EVENT SHALL INVOY BE CHARGED WITH OR LIABLE FOR ANY CONSEQUENTIAL DAMAGES, DAMAGES FOR LOST PROFITS OR LOST OPPORTUNITIES, DAMAGES FOR LOST OR COMPROMISED DATA OR INFORMATION, OR THE LIKE, NOR FOR ANY PUNITIVE OR EXEMPLARY DAMAGES.
Warranty Claims. All warranty claims must be communicated to Invoy in writing no later than thirty (30) calendar days of the discovery of the defect and in no event later than thirty (30) calendar days after expiration of the warranty period. In the event of a warranty claim, Invoy may require that the allegedly defective Product be shipped to Invoy, in which case such shipment must be made to preserve the limited warranty, and Invoy shall be given a reasonable period of time after receipt of such Product to inspect the Product and evaluate the warranty claim.
Warranty Exclusivity and Non-Transferability. THE LIMITED WARRANTY AND INCLUDED REMEDIES SET FORTH HEREIN ARE THE CLIENTS’S SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY. It may not and shall not be transferred to any other person.
The Voyager Wellness Breath Monitor is to be used for health and wellness purposes only and should not be used for any medical purposes, such as to diagnose, treat or manage any specific disease or medical condition or for use with clinical conditions.
Invoy is certified to ISO-9001: 2008. The scope of our certification is the design, development and manufacturing of breath analysis devices.
Valid Until: January 25, 2018
Certificate Number: 10013562 QM08
Invoy is certified to ISO-13485: 2003. The scope of our certification is the design, development and manufacturing of breath analysis devices.
Valid Until: January 25, 2018
Certificate Number: 10013562 MP23