Index

  • FCC Regulation
  • Returns and refunds
  • Gifts
  • Exchanges
  • Shipping returns
  • General Terms and Conditions
  • hDrop Gen 2 Terms and Conditions

FCC Regulation Gen 2

Product Model: HDROPV2
This device complies with part 15 of the FCC Rules.
Operation is subject to the following two conditions:
1) This device may not cause harmful interference, and
2) This device must accept any interference received, including interference that may cause undesired operation.
FCC ID: 2A88J-HDROPV2

FCC Regulation HDROPV1

Product Model: HDROPV1
This device complies with part 15 of the FCC Rules.
Operation is subject to the following two conditions:
1) This device may not cause harmful interference, and
2) This device must accept any interference received, including interference that may cause undesired operation.
FCC ID: 2A88J-HDROPV1

Returns and refunds

Our refund and returns policy lasts 30 days. If 30 days have passed since you received the product, we can’t offer you a full refund.

To be eligible for a return and full refund, your item must be unused and in the same condition that you received it. It must also be in the original packaging. Due to the nature of our product (gettins exposed to perspiration), we can’t resell used items. Used items have to be recicled and managed properly. If your item has been used, there will be a $26.99 non-refundable recycling and fulfillment fee. Shipping costs are non-refundable.

IMPORTANT NOTE: When returning an item, there is a $26.99 non-refundable recycling and fulfillment fee. Other non-returnable items:

  • Gift cards
  • Shipping fees

To complete your return, we require a receipt or proof of purchase and the assessment from our technical team.

Refunds

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 5 to 10 days after inspection. Inspection of goods may take 5 to 10 additional days to verify the device’s status.

Late or missing refunds

If you haven’t received a refund yet, first check your bank account again, then contact us at [email protected].

Then contact your credit card company, it may take some time before your refund is officially posted.

Next contact your bank. There is often some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us again at [email protected]

Exchanges

We only replace items if they are defective or damaged caused by a manufacturing defect. Physically altered items are not approved for replacement (please see General Terms & Conditions section). If you need to exchange it for the same item, send us an email at [email protected] and send your item to: 2400 Riverfront Drive APT427, Little Rock, Arkansas, 72202.

Gifts

If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.

If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and they will find out about your return.

Shipping returns

To return your product, you should mail your product to (please remember to request your return label before shipping the product, you can request it at [email protected]): 2400 Riverfront Drive APT427, Little Rock, AR, 72202.

Shipping and recycling/fulfillment fee ($26.99) costs are non-refundable. If you receive a refund, the cost of return shipping, regular shipping, and recycling/fulfillment fee will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you may vary.

Need help?

Contact us at [email protected] for questions related to refunds and returns.

General Terms and Conditions

1. READ OUR PRIVACY POLICY For information about our data practices, please see our Privacy Policy. By accessing or using the hDrop Technologies devices, you agree that we can collect and use your information in accordance with the Privacy Policy.

2. USE OF THE HDROP TECHNOLOGIES DEVICES Persons under the age of 13, or any higher minimum age in the jurisdiction where that person resides, are not permitted to access or use the hDrop Technologies devices unless their parent has consented in accordance with applicable law. Additionally, you cannot access or use the hDrop Technologies Services if you are barred from receiving services under applicable law or have previously been suspended or removed from the hDrop Technologies services. You may only connect to the hDrop Technologies services using (i) a device that is manufactured, distributed, or sold by hDrop Technologies Inc. itself or through its authorized resellers or agents; (ii) our mobile applications and software, or approved third-party applications, software, or devices; or (iii) our websites (“Authorized Connections”). You may not connect to the hDrop Technologies Services with any device that is not manufactured, distributed, or sold by hDrop Technologies Inc. itself or through its authorized resellers or agents (such as a knock off or counterfeit version of a hDrop Technologies device); otherwise intends to resemble or purports to be a hDrop Technologies device; or any unauthorized application or third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the hDrop Technologies services. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact [email protected].

3. CREATING AN ACCOUNT Full use of the hDrop Technologies device and services requires that you create an account by providing us with information such as your full name and a valid email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. hDrop Technologies is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact [email protected] if you discover or suspect any security breach related to the hDrop Technologies services or your account.

4. NECESSARY EQUIPMENT Full use of the hDrop Technologies services is dependent upon your use of a computer with adequate software or a supported mobile device and Internet + Bluetooth access. The maintenance and security of this equipment may influence the performance of the hDrop Technologies Services and it is your responsibility to ensure the equipment’s functionality. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.

5. POSTING YOUR CONTENT ON THE HDROP TECHNOLOGIES SERVICES hDrop Technologies may enable you to post, upload, store, share, send, or display photos, images, video, data, text, music, exercise regimens, food logs, recipes, comments, and other information and content (“Your Content”) to and via the hDrop Technologies services and social media. You retain all rights to Your Content that you post to the hDrop Technologies Services. By making Your Content available on or through the hDrop Technologies services you hereby grant to hDrop Technologies a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media. The rights you grant us in this Section 5 are only for the limited purpose of offering and improving the hDrop Technologies services. You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You represent and warrant that Your Content, the use and provision of Your Content on the hDrop Technologies services, and your use of the hDrop Technologies services will not (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances. You further agree not to (1) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use the hDrop Technologies services and devices in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the hDrop Technologies services and devices, or which may expose us or our users to any harm or liability of any type. hDrop Technologies may, in its sole discretion, alter, remove, or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via the hDrop Technologies services.

6. HDROP TECHNOLOGIES’ RIGHTS “hDrop Technologies Content” includes any photos, images, graphics, video, audio, data, text, music, exercise regimens, food logs, recipes, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the hDrop Technologies services. hDrop Technologies Content, the hDrop Technologies services, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, services mark, or other proprietary rights notices incorporated in or accompanying the hDrop Technologies Services. Our logos and any other hDrop Technologies trademarks that may appear on the hDrop Technologies Services, and the overall look and feel of the hDrop Technologies Services, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and services names and company names or logos mentioned on the hDrop Technologies Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.

7. WHAT YOU CAN DO ON THE HDROP TECHNOLOGIES SERVICES The hDrop Technologies Services is intended for your personal, noncommercial use. HDrop Technologies grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the hDrop Technologies Services, (2) access and view the hDrop Technologies Content, (3) access and use the software and mobile applications provided by the hDrop Technologies Services, and (4) use the software that is embedded into hDrop Technologies devices as authorized in these Terms. With respect to items (3) and (4), this license includes any third-party software embedded in any hDrop Technologies Services. This license is provided solely for your personal, noncommercial use and enjoyment of the hDrop Technologies Services as permitted in these Terms. You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the hDrop Technologies Content, hDrop Technologies Services or any portion thereof (including any third-party software), except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by hDrop Technologies or its licensors, except for the licenses and rights expressly granted in these Terms. Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the hDrop Technologies Services: (1) use, display, mirror, or frame the hDrop Technologies Services or any individual element within the hDrop Technologies Services, including the layout and design of any page, without hDrop Technologies’ express written consent; (2) use hDrop Technologies’ name, any hDrop Technologies trademark or logo, or any hDrop Technologies proprietary information without hDrop Technologies’ express written consent; (3) access or tamper with non-public areas of the hDrop Technologies Services, hDrop Technologies’ computer systems, or the technical delivery systems of hDrop Technologies’ providers; (4) test the vulnerability of any hDrop Technologies system or breach any security or authentication measures; (5) circumvent any technological measure implemented by hDrop Technologies or any of hDrop Technologies’ providers or any other third party (including another user) to protect the hDrop Technologies Services; (6) access the hDrop Technologies Services or hDrop Technologies Content through the use of any mechanism other than through the use of an Authorized Connection, hDrop Technologies Services, or hDrop Technologies API; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that hDrop Technologies provides to you or any other part of the hDrop Technologies Services.

8. OUR ENFORCEMENT RIGHTS We reserve the right (but are not required) to remove or disable access to the hDrop Technologies Services, any hDrop Technologies Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the hDrop Technologies Content, Your Content, or your use of the hDrop Technologies Services is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the hDrop Technologies Services, and in response may take any action we may deem appropriate.

9. USE THE HDROP TECHNOLOGIES SERVICES AT YOUR OWN RISK If you rely on any hDrop Technologies Content or the hDrop Technologies Services, you do so solely at your own risk. Our goal is to provide helpful and accurate information on the hDrop Technologies Services, but we make no endorsement, representation, or warranty of any kind about any hDrop Technologies Content, information, or services. The accuracy of the data collected and presented through the hDrop Technologies Services is not intended to match that of medical devices or scientific measurement devices. We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the hDrop Technologies Services. hDrop Technologies Content and the hDrop Technologies Services may change from time to time or vary by geographic location. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate, or incomplete. Use of the hDrop Technologies Services should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany your use of the hDrop Technologies Services Instructions Manual (Included with the device).

10. CONSULT YOUR DOCTOR BEFORE USING THE HDROP TECHNOLOGIES SERVICES The hDrop Technologies Services is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using the hDrop Technologies Services, engaging in an exercise program, or changing your diet. If you experience a medical emergency, stop using the hDrop Technologies Services and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the hDrop Technologies Services. If you engage in any exercise program you receive or learn about through the hDrop Technologies Services, you agree that you do so at your own risk and are voluntarily participating in these activities. Prolonged contact with wearable devices may contribute to skin irritation or allergies in some users. To reduce irritation, follow four simple wear and care tips: (1) keep it clean, (2) keep it dry, (3) don’t wear it too tight, and (4) give your wrist a rest by removing the band for an hour after extended wear. For more information visit www.hdroptech.com. If you notice any skin irritation, soreness, tingling, numbness, burning, or stiffness in your hands or wrists while or after wearing the product, remove your device and please discontinue use. If any symptoms persist longer than 2-3 days after removing the device, consult your doctor. hDrop Technologies products using hDrop’s technology have a hydration tracking feature that may pose risks to users with certain health conditions. Consult your doctor prior to use of such products if you (1) have a medical or heart condition, (2) are taking any photosensitive medicine, (3) have epilepsy or are sensitive to flashing lights, (4) have reduced circulation or bruise easily, or (5) have tendonitis, carpal tunnel syndrome, or other musculoskeletal disorders.

11. TERMS OF SALE, RETURNS AND WARRANTY, AND PAID SERVICES Terms of Sale and Returns and Warranty hDrop Technologies’ has a 12 months warranty policy that applies only if the device had a manufacturing defect. hDrop Technologies is not responsible for covering damages made by the user. hDrop Technologies has a 30-day return policy. This policy allows the customer to return the hDrop Technologies device (including all accessories and box) to the seller with at least a partial refund guaranteed. hDrop Technologies return policy and warranty policy apply to purchases of physical goods from hDrop Technologies. All orders placed are subject to hDrop Technologies’ acceptance. We may accept, decline, or place limits on your order for any reason.

12. FEEDBACK AND SUBMISSIONS POLICY If you submit comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by hDrop Technologies, or obtained from sources other than you.

13. CONTESTS AND GIVEAWAYS Additional terms and conditions may apply to surveys, contests, giveaways, and other promotions sponsored by hDrop Technologies or its partners. It is your responsibility to carefully review those terms and conditions.

14. ALERTS AND NOTIFICATIONS As part of your use of the hDrop Technologies Services, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from the hDrop Technologies Services by using your hDrop App Account Settings. We may need to provide you with certain communications, such as services announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.

15. THIRD-PARTY SERVICES The hDrop Technologies Services may display or permit linking or other access to or use of third-party content, promotions, websites, apps, services and resources (collectively “Third-Party Services”) that are not under hDrop Technologies’ control. This may include the opportunity for you to link your hDrop Technologies account, hDrop Technologies data, or the hDrop Technologies Services with Third-Party Services. We provide these links only as a convenience and are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with the hDrop Technologies Services, such as third party applications accessed on hDrop Technologies devices, are not part of the hDrop Technologies Services and are not controlled by hDrop Technologies, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services. You also acknowledge that these Terms and the hDrop Technologies Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services.

16. CHANGES TO THE HDROP TECHNOLOGIES SERVICES hDrop Technologies may change or discontinue, temporarily or permanently, any feature, component, or content of the hDrop Technologies Services at any time without notice. hDrop Technologies is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, or content of the hDrop Technologies Services. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by hDrop Technologies products without prior notice to you.

17. TERMINATION We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the hDrop Technologies Services, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove Your Content and other information related to your account. You may close your account at any time by contacting Customer Support. Upon any termination of these Terms or suspension, termination, or discontinuation of the hDrop Technologies Services or your account, the provisions of all of these Terms will survive.

18. DISCLAIMERS THE HDROP TECHNOLOGIES SERVICES AND HDROP TECHNOLOGIES CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE HDROP TECHNOLOGIES SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the hDrop Technologies Services or HDrop Technologies Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the hDrop Technologies Services or any hDrop Technologies Content.

19. INDEMNITY You will indemnify and hold harmless hDrop Technologies or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the hDrop Technologies Services, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

20. LIMITATION OF LIABILITY NEITHER HDROP TECHNOLOGIES, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE HDROP TECHNOLOGIES SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICES INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE HDROP TECHNOLOGIES SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HDROP TECHNOLOGIES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL HDROP TECHNOLOGIES’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE HDROP TECHNOLOGIES SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO HDROP TECHNOLOGIES FOR USE OF THE HDROP TECHNOLOGIES SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO HDROP TECHNOLOGIES, AS APPLICABLE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HDROP TECHNOLOGIES AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

21. DISPUTE RESOLUTION PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. You agree that any dispute between you and hDrop Technologies arising out of or relating to these Terms of Services, the hDrop Technologies Services, or any other hDrop Technologies products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below. Governing Law: Except as otherwise required by applicable law, the Terms of Services and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of laws principles. Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against hDrop Technologies, you agree to try to resolve the Dispute informally by contacting [email protected]. We’ll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or hDrop Technologies may bring a formal proceeding. We Both Agree To Arbitrate: You and hDrop Technologies agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting [email protected] within 30 days of first accepting these Terms of Services and stating that you (include your first and last name) decline this arbitration agreement. Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Delaware, or any other location we agree to. Arbitration Fees: The AAA rules will govern payment of all arbitration fees. hDrop Technologies will pay all arbitration fees for claims less than $1,000. hDrop Technologies will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. Exceptions to Agreement to Arbitrate: Either you or hDrop Technologies may assert claims, if they qualify, in small claims court in Delaware (DE) or any United States county/state where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the hDrop Technologies products or hDrop Technologies Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. No Class Actions: You may only resolve Disputes with hDrop Technologies on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement. Judicial Forum for Disputes: Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and hDrop Technologies agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Delaware. Both you and hDrop Technologies consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial. Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the hDrop Technologies products or hDrop Technologies Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

22. PRODUCT TERMS

If you have a pacemaker or other internal electronic device, consult your physician before using an athletic tracking device such as a hDrop that monitors sweat, temperature, and other metrics.

• Always consult your physician before beginning or modifying any exercise program.

• The hDrop, accessories, and related data are intended to be used only for recreational purposes and not for medical purposes, and are not intended to diagnose, monitor, treat, cure, or prevent any disease or condition.

• The sweat, hydration scores, temperature, and other readings are for reference only, and no responsibility is accepted for the consequences of any erroneous readings.

• While the hDrop typically provides an accurate estimate of a user’s hydration and core temperature, there are inherent limitations with the technology that may cause some of the sweat, hydration scores, and temperature readings to be inaccurate under certain circumstances, including the user’s physical characteristics, fit of the device, and type and intensity of activity.

• hDrop rely on sensors that track your hydration, sweat, temperature, and other metrics. The data and information provided by these devices is intended to be a close estimation of your activity and metrics tracked, but may not be completely accurate, including hydration scores, sweat, and temperature data. Battery Warnings

• CR2032 batteries are used in this device. If these guidelines are not followed, batteries may experience a shortened life span or may present a risk of damage to the device, fire, chemical burn, electrolyte leak, or injury.

• Do not leave the device exposed to a heat source or in a high-temperature location, such as in the sun in an unattended vehicle. To prevent the possibility of damage, remove the device from the vehicle or store it out of direct sunlight, such as in the glove box.

• Do not disassemble or lift the top lid of the hDrop Gen 2 device.

• Do not disassemble, modify, remanufacture, puncture or damage the device or batteries.

• Do not remove or attempt to remove the non-user-replaceable battery.

• Do not expose the device or batteries to fire, explosion, or other hazard.

• Do not immerse or expose removed batteries to water or other liquids.

• Do not use a sharp object to remove the removable batteries.

• KEEP BATTERIES AWAY FROM CHILDREN.

• NEVER PUT BATTERIES IN MOUTH. Swallowing can lead to chemical burns, perforation of soft tissue, and death. Severe burns can occur within 2 hours of ingestion. Seek medical attention immediately.

• Do not operate the device outside of the temperature range of 0-60 C.

• When storing the device for an extended time period, store within the temperature range of 0-35 C.

• Contact your local waste disposal department to dispose of the device/ batteries in accordance with applicable local laws and regulations.

23. GENERAL TERMS Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between hDrop Technologies and you regarding the hDrop Technologies Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between hDrop Technologies and you regarding the hDrop Technologies Services and hDrop Technologies Content. We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the hDrop Technologies Services. When you use the hDrop Technologies Services after a modification becomes effective, you are telling us that you accept the modified Terms. You can review previous versions of these Terms in our archive. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without hDrop Technologies’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. hDrop Technologies may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. Any notices or other communications provided by hDrop Technologies under these Terms, including those regarding modifications to these Terms, will be given: (i) via email or (ii) by posting to the HDrop Technologies Services. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted. hDrop Technologies’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of hDrop Technologies. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

23. ADDITIONAL TERMS MAY APPLY Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control. CONTACT US PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS. You may contact us at [email protected].

hDrop Gen 2 Pre-Order Terms and Conditions

  1. Pre-Order Acceptance: Upon accepting this agreement, the customer acknowledges that they are pre-ordering hDrop Gen 2, and not purchasing an immediately available product. The expected shipment date in Q4 2023 is only an estimate and may be subject to change due to unforeseen circumstances.
  2. Payment: All payments for pre-orders are processed at the time the pre-order is placed. The charged amount is inclusive of the product cost and any applicable taxes. Shipping fees, where applicable, may be charged separately when the product is ready for shipment.
  3. Refunds: In the event that we are unable to deliver the product, a full refund of the pre-order price will be made to the customer. Refunds may take up to a certain number of business days to process, based on the customer’s bank or payment provider.
  4. Order Modifications & Cancellation: Customers may modify or cancel their pre-orders until the product has entered the shipping process. After this point, cancellations may not be possible. Any changes to the pre-order may also affect the estimated delivery date.
  5. Shipping & Delivery: We are not responsible for delays in shipping once the product has left our premises. The risk of loss for the product passes to the customer upon our delivery of the product to the carrier.
  6. Product Changes: We reserve the right to change the design, features, specifications, and pricing of the hDrop Gen 2 without notice. If a change significantly impacts the core functionality or value of the product, customers will have the option to continue with their pre-order or receive a full refund.
  7. Liability: Our liability for any claims, whether based in contract, tort, negligence, strict liability, or otherwise, shall not exceed the total amount paid by the customer for the pre-order of the hDrop Gen 2.
  8. Dispute Resolution: Any disputes arising out of or in connection with this agreement will be handled first through negotiation and, if not resolved, then through mandatory binding arbitration, rather than in court. The laws of the state/country where your company is based will apply to any disputes.
  9. Return Policy: Customers will have a 30-day window from the date of receiving the product to request a refund. The product must be returned in the same condition as received, in its original packaging, with all included accessories. If the product has been used or damaged, or if any accessories are missing, the refund may be reduced or denied. Shipping fees and management/fulfilment fee ($26.99) are non-refundable.
  10. Limited Warranty: We provide a one-year limited warranty, starting from the date of delivery, covering factory defects only. This warranty does not cover damages caused by misuse, abuse, accidents, modifications, unsuitable physical or operating environment, improper maintenance by the customer, or failure caused by a product which we are not responsible for. The limited warranty is void if the product is returned with any alterations, including removal of any protective seals/covers.
  11. Product Representations: The images of the hDrop Gen 2 on our website are for illustrative purposes only. The actual product may vary slightly in size, color, design, or other visual attributes. We strive to display the colors and images of our products as accurately as possible, but we cannot guarantee that your computer’s display of the colors or images accurately reflects the appearance or color of the products.
  12. Privacy: All personal data provided by the customer during the pre-order process will be stored securely and used solely for the purpose of fulfilling the pre-order. We are committed to protecting your privacy and will only use your personal information in accordance with our Privacy Policy.
  13. Medical Disclaimer: The hDrop Gen 2 is a fitness tracking device and is not intended to diagnose, treat, cure, or prevent any disease. It is not FDA-approved and should not be used as a substitute for professional medical advice, diagnosis, or treatment. All fitness data provided by the device should be interpreted by the user, and any medical concerns should be discussed with a qualified healthcare professional.