Johnson Health Tech Co. Ltd. ("Johnson") is a company headquartered in Taiwan with offices worldwide. Johnson OTA (the "App") is a mobile application that only provides software (the "Software") update services (the "Service") through Bluetooth and WiFi connection with paired fitness equipment developed by Johnson (the "Equipment"). The App is available through either Apple Store or Google Play. Upon installation of the App to your iOS or Android device(s) (the "Device") and connection of your Device(s) to the Equipment, you ("You" or the "User") will be able to use the Service.
For safety reasons, You must be at least 18 years old to use the App. Your rights and obligations in connection with the use of the Equipment, the App, the Software and the Service will be subject to this Terms of Use (the "Terms").
By installing the App, You indicate Your acceptance and agreement to be bound by the Terms, which forms a binding agreement between You and Johnson for the use of the services provided on App.Johnson may change the type of services or functions being offered on APP from time to time. Any of such changes will be undertaken at the sole discretion of Johnson.
Johnson may interrupt access to APP or the Service to perform maintenance, fix system issues or failures, or to resolve security breaches or other issues beyond the control of Johnson. While Johnson will make reasonable efforts to notify Users of all planned outages, some incidents may require that the Services be interrupted without warning and for an undetermined duration. Johnson reserves the right to suspend access to APP and/or the Services at any time if the Terms have been violated.
2.1. Compatibility: You understand and agree that the App may only be paired with specific models of the Equipment and operating system versions. You are responsible for ensuring that your Device and the Equipment meet the minimum system requirements for using the App.
2.2. BLE Connection: You agree to operate according to the instructions of the App to establish a BLE connection with the Equipment correctly. Johnson is not responsible for connection issues caused by improper user operation or environmental interference.
2.3. Software Updates: You understand and agree that performing software updates using the Service may take some time, and you should not interrupt the connection or turn off the Equipment or your Device during the update process. Failure to do so may result in update failure or damage to the machines.
2.4. Lawful Use: You agree to use the App only for lawful purposes and will not use the App to engage in any illegal activities or infringe upon the rights of Johnson or any third parties.
Subject to Your compliance with these Terms and only for so long as You are allowed access to the Services, Johnson grants You a limited, non-transferable, non-exclusive, revocable right and license to access and use APP, the Software and the Service for Your own personal, non-commercial purposes. Such right may not be assigned or sublicensed to anyone.
Except as expressly permitted in writing by an authorized representative of Johnson, You will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the APP, the Software or the Service, nor will You take any measures to interfere with or damage the APP, the Software or the Service. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than Your personal, non-commercial use of the APP, the Software or the Service, is strictly prohibited. All rights not expressly granted by Johnson in these Terms are reserved.
Your violation of the license terms contained herein will result in suspension of your access to APP and the Services offered thereon.4.1. "As Is" Basis: The App, the Software and the Service are provided on an "as is" basis. Johnson makes no express or implied warranties regarding the accuracy, completeness, reliability, suitability, or error-free nature of the App, the Software or the Service, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
4.2. Assumption of Risk: You understand and agree that all risks arising from your use or inability to use the App, the Software and the Service, including but not limited to equipment damage and data loss, are solely borne by you.
4.3. Warnings and Notices: It is Your responsibility to choose workouts that are suitable for Your physical fitness capacity, follow the guidance of the class instructor(s), understand and abide by any restrictions and warnings for a chosen workout program or class, and stop a workout session should You feel fatigue. Johnson will not be responsible for injuries or damages sustained or incurred by You should the injuries or damages be a result of Your failure to observe Your own health condition while choosing or during a workout and follow the instructions and/or abide by the warnings or restrictions of a workout class.
Johnson reserves the right to terminate your use of the App or the Service at any time for any reason, and Johnson will notify the User one (1) month in advance. You may also stop using the App at any time. Upon termination of these Terms, you shall immediately cease using the App, but those provisions of these Terms that by their nature should survive termination, including but not limited to license and disclaimer of warranties, shall continue to be in effect.
You understand that the Software, the Service offered on APP, are for the purpose of enhancing better exercise experience (the "Purpose").
In the event of any harm or damage to Yourself or any third party due to Your use of the Equipment and/or Services provided on APP beyond the Purpose, Johnson (including its directors, officers, employees and agent) shall not be held liable and shall be fully indemnified by You for any claims, damages, losses, and costs in connection with any claims brought upon by third-parties.If any dispute occurs in relation to the interpretation and performance of the Terms, You and Johnson shall each make good-faith effort to resolve such dispute amicably. In case that any such dispute cannot be resolved within ninety (90) days, then parties are subject to the authority of courts, applying the rules of civil proceedings of domestic law in which the dispute is claimed. The decisions rendered under judicial procedure are binding and enforceable.
Johnson reserves the right to modify these Terms at any time, in our sole discretion. In case of any update of the Terms, at a minimum, Johnson would post the updated Terms (as indicated by a revised "Last Updated" date at the top of this page) on App. Any modifications will be effective upon posting within the App. You are responsible for regularly reviewing the latest version of these Terms. Your continued use of the App after the modifications become effective constitutes your agreement to the revised Terms.
You consent to receive all communications including notices, agreements, disclosures, or other information from Johnson electronically. Johnson may by posting to the Service or the App through push notifications.
In case of any problems with the functions of the Equipment, the App, and/or the Service, You may contact our customer support service.
For all other communications with or notices to Johnson in connection with the Terms, please contact Johnson at service@johnsonfitness.com.