When you create an account or use VIEJOY services in other ways, you are deemed to have agreed to be bound by the terms of this agreement, which constitute a binding agreement between you and VIEJOY. The following are the specific terms of the agreement:
2.Eligibility Policy of VIEJOY
2.1 Information we collect
2.2 Personal information
- Create your account
- Basic equipment
- Rights of VIEJOY
- VIEJOY service
- Device data
- Contact list
- Access background location
7.Rules of VJEJOY’s Services
8.Please consult your doctor before using VIEJOY Services
9.Sales and Payment
10.Feedback and Submission Policy
11.Reminders and Notifications
12.third party service
13.VIEJOY Service Changes
17.Limitation of Liability
18.Applicable Law and Dispute Resolution
20.Applicability of Additional Terms
- Eligibility Policy of VIEJOY
We respect children’s privacy. Our Services are not designed to appeal to audiences under the age of 16, and we do not knowingly collect personal data from children under the age of 16. If you believe that we may have collected your child’s information, please contact us using the contact details below and we will endeavor to delete it.
2.1 Information we collect
Creating an account on our Services requires some information, such as your name, email address, mobile phone number, password, date of birth, gender, height and weight. This is the only information you will need to provide to create an account with us. You may also choose to provide other types of information, such as a profile picture. Information such as your height, weight, gender and age allows us to improve the accuracy of your exercise routine and activity insights, such as the number of calories you burn and the distance you walk.
Activity Data: We collect and maintain your activity information to determine activities performed and to monitor daily patterns that may affect your health.
Sleep data: We collect and maintain your sleep data, including sleep schedule, sleep duration, sleep habits, and areas of improved sleep.
Heart Rate Data: We collect and maintain your heart rate data to calculate and detect your maximum and resting heart rate and notify you when limits are exceeded.
2.2 Personal information
We use reasonable organizational and technical security measures to protect the security of your personal data, including but not limited to encryption technology and authentication tools. Please be aware, however, that no data transmission over the internet is 100% secure and any information disclosed online may be collected and used by parties other than the intended recipient. Therefore, while we strive to protect your information, we cannot guarantee or warrant the security of any information you transmit to or from our Services.
- Create Your Account
To take full advantage of VIEJOY services, you need to create an account, and to do so, you need to provide us with a valid email address, mobile phone number and secure password. You are responsible for keeping your account and password secure and are responsible for all actions that occur on your account. VIEJOY shall not be liable for any loss or damage caused by your failure to keep your account and password confidential. If you find or suspect any security breaches in VIEJOY services or your account, please contact us.
- Basic Equipment’s
In order to take full advantage of VIEJOY services, you need to use a mobile device (such as a mobile phone) that can be connected to the Internet, and a smart device such as a sports bracelet or watch. The maintenance and safety performance of such equipment may affect VIEJOY’s services, so you are responsible for ensuring the normal operation and safety of such equipment. You are responsible for all Internet access charges. Please contact your Internet provider for possible Internet data usage charges.
- Rights of VIEJOY
“VIEJOY Content” includes any photographs, images, graphics, video, audio, data, text, music, software, works of any kind and other information, content or data that we publish, generate, provide or otherwise make available through VIEJOY . VIEJOY reserves the rights to the content of VIEJOY and all rights not expressly stipulated in this agreement. Unless otherwise specified in this Agreement, your use of VIEJOY Services does not constitute a transfer of any ownership rights in VIEJOY Services or VIEJOY Content to you or any other person.
You agree that you will not in any way modify, delete, extract or hide any VIEJOY content contained in any VIEJOY service, or any accompanying copyright, trademark, service mark or other proprietary rights notices. You may not copy, imitate or use our logos contained in VIEJOY Content, any other VIEJOY trademarks that may appear on VIEJOY Services, or the general look and feel of VIEJOY Services without our prior written permission.
- VIEJOY Services
VIEJOY service records your training data and health data, which will only be used for your private and non-commercial purposes. The following are the main functions of VIEJOY service.
(a) Account login: You need to create and log in your VIEJOY account in order to manage and save your training data and health data.
(b) Device management: VIEJOY services allow you to manage your devices. You can connect the device with the mobile phone through the Bluetooth function to manage the use and upgrade of the device. You can manage your personal data on your device and/or in the application, which will be displayed after being processed by the application.
(c) Personal information management: You can edit your avatar, nickname, gender, age, height, weight and other information in the APP.
(d) Training data recording: VIEJOY service supports recording and displaying your daily training data (walking, running, cycling, swimming, etc.) and motion track (outdoor running, outdoor walking, outdoor cycling, etc.). To record your movements, you need to turn on the GPS function of your phone.
(e) Health data management: After binding your device, VIEJOY service will support the measurement, recording and display of your health data (sleep, heart rate, SpO2, stress, etc.).
(f) Medals: Based on your relevant training data and fitness data, you will receive virtual medals.
(g) Health report: Generate your weekly, monthly and annual health reports based on your training data, health data and personal information, and push your health reports. Please note that these reports do not constitute professional medical advice.
(h) Functional services: VIEJOY provides additional functional services, including quick reply to messages, intelligent training recognition, women’s menstrual cycle reminder, raising the wrist to brighten the screen, automatic brightness adjustment at night, multi-language switching, alarm clock, Find My phone, music control and Weather notifications.
(i) Sharing: Share your weekly health report and other training data and health data to other social apps on your phone.
(j) Questions and suggestions: If you encounter any problems during use, you can edit and submit questions to us. You can choose to upload logs if necessary.
(k) VIEJOY services allow you to share data with third-party services, provided that you send us sharing instructions.
(l) Purchase: VIEJOY provides virtual dial purchase service.
Please note that we will update the APP or software from time to time, and the actual functions will depend on the version you use.
6.1 device data. “Device Data” includes, but is not limited to, the following:
Device properties: Information such as operating system, hardware and software version, battery level, signal strength, available storage space, browser type, application and file names and types, and plug-ins.
Device Actions: Information about actions and behaviors performed on the device, such as whether a window is in the foreground or background.
Identifiers: Unique identifiers, device IDs, and other identifiers, such as from games, applications, or accounts you use.
Device Signals: We may collect your BT signal, as well as information about nearby Wi-Fi access points, beacons and cell towers.
Data from device settings: Information that you allow us to receive through device settings that you turn on, such as access to your GPS location, camera or photos.
Network and connection: information such as your mobile carrier or ISP’s name, language, time zone, mobile phone number, IP address and connection speed.
Media: We access the media library on your mobile device, including but not limited to images, video and audio files and the storage space on your phone. However, we will always ask for your consent before accessing your images, and you can choose to deny us such access.
contact list. We access the contact list on your mobile device. We always ask for your consent before accessing your contact list, and you can choose to deny us access to your contact list. We use this information to run the app’s friends feature, where users can invite or connect with people from their contacts.
Phone Status/Contact List: Call Notification Feature – In order to use this feature, the phone needs to allow sending caller details to the connected device when the phone receives incoming calls and text messages. The Noise app does not save this data, it is only used to provide notifications.
6.3 Access Background Location
When you use location-based program services or functions, we may collect your location data.
Fitt Pro requires background location permissions to:
When using BT to search for devices or connect devices to BT, most Android systems need to use location permissions to enable BT-related functions.
Outdoor running, outdoor cycling and other sports, using positioning to display walking and running on the map. When the Fitt Pro app is running in the background, it also needs to obtain location information to display the trajectory and distance of the user through the location information.
- Rules of VJEJOY’s Services
VIEJOY grants you a limited, non-exclusive, non-transferable and revocable license (sub-licensing is not allowed): (1) use VIEJOY services; (2) view VIEJOY content; (3) use APPs provided by VIEJOY services; ( 4) Within the scope authorized by this agreement, use the built-in APP of your VIEJOY device or call the APP through your mobile phone. This license is granted only if you use the VIEJOY Services for personal, non-commercial purposes in the manner permitted by this Agreement.
You may not use, sublicense, reproduce, adapt, modify, translate, disclose, create derivative works from, transmit, license, sell, lease, transfer, publicly display, publicly display, transmit, broadcast or otherwise exploit VIEJOY Content, VIEJOY Services or any part thereof (including any third-party software or APP), except as expressly permitted by this Agreement. You do not acquire, by implication or otherwise, any license or right in any intellectual property owned or controlled by VIEJOY or its licensors, except for the licenses and rights expressly granted herein.
Images, names and other information you upload are your content. You are solely responsible for your content. You agree that none of your Content will be: false, defamatory, infringing, harmful, pornographic, offensive, bullying, harassing, scandalous, hateful, inflammatory, threatening, profane, obscene, invasive of privacy, or otherwise objectionable , including, but not limited to, facilitating illegal activity, promoting violence, and any discriminatory or illegal content that may incur civil liability.
- Please consult your doctor before using VIEJOY Services
VIEJOY services are not intended to diagnose, treat, cure or prevent any disease. If you have any medical condition or heart condition, please consult your physician before using VIEJOY services or participating in a training program. In case of medical emergency, consult a medical professional immediately.
Prolonged exposure to wearable devices may cause skin irritation or allergies to some users. To reduce discomfort, please follow the following 4 wearing and maintenance suggestions: (1) Keep the device clean; (2) Keep the device dry; (3) Do not wear the device too tightly; (4) Please take it off after wearing it for a long time Wristband, let the wrist rest for an hour. If you experience skin irritation, pain, tingling, numbness, burning, or stiffness in your hands or wrists while wearing your device or after wearing it, remove the device and discontinue use. If symptoms persist for more than 2-3 days after removing the device, consult your physician.
Using the heart rate measurement function of VIEJOY products may pose risks to users with certain diseases. If you (1) have any medical condition or heart condition, (2) are taking any light-sensitizing medications, (3) have epilepsy or are sensitive to flashing lights, (4) have poor circulation and bruise easily, or ( 5 ) suffer from tendonitis, carpal tunnel syndrome or other musculoskeletal disorders, please consult your physician before using VIEJOY products.
- Sales and Payment
Please consult your dealer, distributor or other selling entity regarding the sale, return and warranty policies of VIEJOY services. You must accept this Agreement when placing your order. We may refuse or limit your order for any reason.
The virtual goods you purchase on VIEJOY are subject to one-time payment. We will not accept your return or refund request for any reason.
You agree that VIEJOY has the right to adjust the price of paid items. After the new price takes effect, you need to accept the new price when placing an order, but the goods and services you have purchased before the price adjustment will not be affected. If you do not accept the new price, please stop placing new orders.
- Feedback and Submission Policy
- Reminders and Notifications
During the use of VIEJOY services, you may receive notices, text messages, reminders, emails and other electronic communications. You agree to receive these communications. You can use Account Settings to control most communications from VIEJOY Services. We may need to send you certain communications, such as software update notifications. Any notice, agreement, disclosure or other communication that we send to you electronically will satisfy any legal communication requirements, including requirements for written communication.
- Third-party Services
If technically permitted, you may choose to have your information transferred to third parties, such as Strava, Google Fit or Apple Health. You can share your training records with other social apps on your phone, such as email.
Google Fit: “VIEJOY’s use and transfer of information received from Google APIs to any other application will be subject to the Google API Services User Data Policy, including the limited use requirements.”
Disputes arising from the use of third-party products or services through VIEJOY services shall be resolved by the third-party service provider, and VIEJOY shall not bear any responsibility. VIEJOY does not provide any customer support for third-party software or technology. If you need support, please contact the third-party service provider.
- VIEJOY Services Changes
VIEJOY may change or discontinue (whether temporarily or permanently) any function, component or content of VIEJOY Services at any time without prior notice. VIEJOY shall not be liable to you or any third party for any modification, suspension or termination of any function, component or content of VIEJOY services. We reserve the right to determine the time and content of software updates: VIEJOY may send you software update reminders, and you can choose to download and install the updated software; your App Store may also download and install automatically without notifying you updated software.
We reserve the right to suspend or terminate your account or your use of all or part of the VIEJOY Services or terminate these Terms at any time without liability. We will endeavor to notify you before taking such action.
You may at any time send us a request to “close your account and delete your data” by sending an email to firstname.lastname@example.org with the subject “Account and data deletion”. Upon request, the following data will be deleted: 1. Account information, including any personal or demographic information. 2. All data generated or synced on the Fitt Pro app. 3. All information related to the paired device and all corresponding data associated with a specific user account. If this agreement is terminated, or VIEJOY service is suspended, or your account is closed, the following clauses of this agreement will still be effective: Sections 1, 2, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16 , 17, 18, 19, 20 and 21.
We reserve the right to decide to suspend or discontinue your account or your use of all or part of VIEJOY Services or terminate these terms at any time without any liability. We will do our best to notify you before taking such actions.
You can request to ‘close your account and delete your data’ at any time by writing an email to us on email@example.com with subject line ‘Account and data deletion’. The following data will be deleted as per the request: 1 . Account information including all personal or demographic information. 2. All data generated or synced on the Fitt Pro app. 3. All information related to paired devices and all respective data associated to specific user account. In case the Agreement is terminated, or VIEJOY Services are suspended, or your account is closed, the following provisions of the Agreement shall remain valid: Section 1, 2, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 , 20 and 21.
VIEJOY services are for your use only and shall not be used by any third party. You agree that VIEJOY and its affiliates, third parties and sellers shall not be liable for any losses caused by unauthorized use of VIEJOY services.
VIEJOY SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Without limiting the foregoing, we expressly disclaim all warranties, express or implied, arising out of or in connection with this agreement or VIEJOY services, including but not limited to any warranties of merchantability, fitness for a particular purpose, or non-infringement , and any warranties arising therefrom arise from course of dealing or usage of commerce.
We do not guarantee that VIEJOY services will meet your requirements, nor do we guarantee that VIEJOY services will not be interrupted, safe or faulty during use. WE DO NOT WARRANT THE QUALITY, ACCURACY, TIMELINESS, TRUTH, COMPLETENESS OR RELIABILITY OF THE VIEJOY SERVICE OR ANY VIEJOY CONTENT. VIEJOY services are subject to change over time and may vary from location to location. For example, the update of APP or software may lead to changes in VIEJOY services, or cause maps to be unusable, inaccurate or incomplete. USE OF VIEJOY SERVICES SHOULD NOT SUBSITE YOUR GOOD JUDGMENT AND COMMON SENSE.
You expressly agree that VIEJOY will not provide medical advice through VIEJOY Services. THE CONTENT PROVIDED THROUGH THE VIEJOY SERVICES CANNOT AND SHOULD NOT BE USED AS A SUBSTITUTE FOR (a) THE ADVICE OF YOUR DOCTOR OR OTHER MEDICAL PROFESSIONAL, (b) YOUR ADVICE OR CALL WITH YOUR DOCTOR OR OTHER MEDICAL PROFESSIONAL, OR (c) Information provided on any product packaging or label. If you have any health-related questions, please call your doctor or other medical professional for treatment. You should not disregard medical advice or delay seeking medical advice because of any content of VIEJOY Services, or use any content of VIEJOY Services to diagnose or treat your health problems. Transmission and receipt of our content, in whole or in part, via the Internet, email or otherwise, does not constitute or create a physician, therapist or other healthcare professional-patient relationship between you and VIEJOY.
YOU EXPRESSLY AGREE THAT YOUR PHYSICAL ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, BIKE, RUN, OR PARTICIPATE IN TRAINING PROGRAMS PROVIDED IN THE VIEJOY SERVICES) HAVE CERTAIN INTHERENT RISKS OF SUBSTITUTE PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH. You will voluntarily assume all known and unknown risks associated with such activities, even if these risks are caused in whole or in part by any act, omission or negligence of VIEJOY or other parties.
For any claim, lawsuit, action, demand, dispute, complaint or investigation against VIEJOY by any third party, government agency or industry organization based on your following actions, and all liabilities, damages, losses, costs and expenses arising therefrom, Including but not limited to reasonable attorneys’ fees, VIEJOY has the right to claim against you and hold you harmless for: (1) your access or use of VIEJOY services; (2) your content; (3) your violation or alleged violation of any of your warranty or this agreement; (4) your violation of any law or third party rights.
In addition, we reserve the right to defend against third party claims (for which you are responsible for indemnification). In such event, you must cooperate with us in any valid defense.
- Limitation of Liability
For any incidental, special, punitive or indirect damages arising from or related to your use of this agreement, or use or inability to use VIEJOY services, including loss of profits, loss of data, service interruption, computer damage, system FAILURE OR REPLACEMENT SERVICE CHARGES, VIEJOY, ITS SUPPLIERS OR LICENSORS, AND ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF VIEJOY SERVICES SHALL BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHER LEGAL THEORY, AND WHETHER VIEJOY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, EVEN IF THE LIMITED REMEDY CONTAINED HEREIN IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL VIEJOY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE VIEJOY SERVICES SHALL EXCEED THE AMOUNT PAID BY YOU TO VIEJOY FOR YOUR USE OF VIEJOY SERVICES.
The above damage exemption clause is the fundamental basis for VIEJOY to conclude a deal with 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.
- Applicable Law & Dispute Resolution’s
validity and interpretation of this Agreement shall be governed by the laws of India. In the absence of applicable laws or regulations, international commercial practice and/or general commercial practice applies.
The agreement has been signed in India.
Both the user and VIEJOY agree that all disputes arising from this agreement should be resolved through negotiation. If the negotiation fails, either party may submit the dispute to the New Delhi International Arbitration Court for arbitration.
We will notify you before we make material changes to the agreement and give you an opportunity to review the revised terms. You can then decide whether to continue using VIEJOY services. If you continue to use VIEJOY services after the revised release, you are deemed to have accepted the revised agreement.
If for any reason any provision of this Agreement is declared invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the fullest extent permissible, and the remaining provisions of this Agreement shall continue in full force and effect.
Any notices or other communications provided by VIEJOY under this Agreement, including notices or communications regarding amendments to the Agreement, shall be: (1) sent by email; (2) posted on VIEJOY. Any notice sent by email shall be deemed given on the date the email is received.
VIEJOY’s failure to exercise any rights or provisions under this agreement shall not be deemed as a waiver of such rights or provisions. No waiver of such right or provision shall be deemed effective unless made in writing and signed by a duly authorized representative of VIEJOY. Except as otherwise expressly provided in this section, exercise by either party of any remedy under this Agreement shall not affect its other remedies hereunder or elsewhere.
20.Applicability of Additional Terms
Additional terms may apply to specific products or services. In the event of any conflict between these provisions and any additional provisions, the additional provisions shall prevail.
- Contact Us
If you have any questions about what this agreement means, please contact us.
Address: 70B/35A, 2nd Floor,
Rama Road, Industrial Area
New Delhi – 110015, India