Acceptance of Terms

Kuaiwear Limited design, manufacture, distribute and operates, a series of software and hardware products under the name of KuaiFit, for sport, fitness and training.

By using any Kuaiwear devices, products or services, you agree to these Terms of Use and should not use any if you do not agree to them.

Other terms might apply for certain products or software, and any such terms are in addition to these Terms of Use, and in the event of a conflict, should prevail over these Terms of Use.

These Terms of Use might be modified from time to time and you are bound by any such modification and should therefore visit this page periodically to review them.

You represent that you have the legal authority to accept these Terms on behalf of yourself or any party you represent. If any provision of these Terms is held invalid by any law, rule, order or regulation of any government or by final determination of any court, such invalidity shall not affect the enforceability of any other provision of these Terms.

Premium Membership

You may cancel your Premium Membership during the trial period (if there is one applicable) at no cost. Payments for the chosen membership term will be charged immediately after. Subscriptions automatically renew unless auto-renew is turned off at least 24-hours before the end of the current period. You can cancel your auto-renewal subscriptions at any time by going to your user Account Settings after purchase.

Please contact us for any questions you might have regarding Premium Membership at contact@kuai.fit

Use of Content

The content contained on any Kuaiwear devices, products or services, such as text, graphics, images, audio, video and other material, as well as the domain names, tagline, organization and user look-and-feel (collectively, the "Content"), is protected by copyright, trademark and other such laws, and is owned or controlled by Kuaiwear or by third parties that have licensed their Content to Kuaiwear. Unauthorized use of the Content may violate copyright, trademark, and other laws.

Downloading of any Content from Kuaiwear sites and software is restricted to one copy of such Content to a single account for your non-commercial personal use only, provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of Kuaiwear, and (c) you may not use the Content in a manner that suggests an association with any of our products, services or brands.

You may not, without the prior written permission of Kuaiwear, "mirror" on any other server any material from Kuaiwear. The use of the Content on any other product, software, web site or in a networked computer environment for any purpose whatsoever is prohibited and liable for damages.

Any downloads from Kuaiwear web site, apps or software, including without limitation any type of files, images is and data is for your personal, noncommercial home use only. We do not transfer title to the Software or Files to you. You may not distribute or otherwise exploit the Software or Files, decompile, reverse engineer, disassemble or otherwise reduce the Software or Files to a human-readable form.

UNLESS OTHERWISE SPECIFICALLY AND EXPRESSLY STATED ELSEWHERE, KUAIWEAR HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE AND FILES, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY.

KUAIWEAR SHALL NOT BE LIABLE FOR (1) ANY INACCURACY, ERROR IN OR FAILURE OF THE SOFTWARE OR FILES; (2) ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM ANY DOWNLOAD OR USE MADE OF THE SOFTWARE OR FILES, OR OCCASIONED BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THE SOFTWARE OR FILES. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER APPLICABLE LAW, KUAIWEAR'S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

Submissions

Any communication or material you transmit at Kuaiwear sites or electronic mail will be deemed NOT to be confidential. Kuaiwear cannot guarantee the security of any information you disclose through any of these media; you make such disclosures voluntarily and at your own risk.

You agree that the communication and material you disclose will not contain any item that is unlawful, unfit for publication, offensive o defamatory. Kuaiwear is not legally responsible for any User Submissions, even if a User Submission is defamatory or otherwise legally actionable.

Kuaiwear is under no obligation to refrain from reproducing, publishing or otherwise using the communication or material in any way or for any purpose, and shall be free to use content of any such communication and material, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including developing, manufacturing, selling and/or marketing goods or services, without compensation to the provider of the submissions.

You are and will remain solely responsible for the User Submissions you distribute and for the consequences of submitting and posting same. Kuaiwear has no duty to monitor any Public Forum. You will be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from a User Submission. By submitting material to Kuaiwear, you automatically grant, or warrant that the owner of such material has expressly granted, Kuaiwear the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright or other rights that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that user's personal use. You hereby grant Kuaiwear the right to edit, copy, publish and distribute any material you make available.

You acknowledge that your use or reliance upon any User Submission posted in any Public Forum is at your own risk. For example, Kuaiwear or any of its partners is not responsible for, and does not endorse, the opinions, advice, or recommendations posted or sent by users in any Public Forum and specifically disclaim any and all liability in connection therewith. Kuaiwear does not confirm nor verify the qualifications, background, or abilities of users or the information they post in any Public Forum.

Kuaiwear reserve the right, but disclaim any obligation or responsibility, to refuse to post or communicate or remove any User Submission that violates these Terms of Use.

Accounts

Some services at Kuaiwear permit or require you to create an account. You agree to provide, maintain and update true, accurate, current and complete information about yourself. You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to notify Kuaiwear immediately of any unauthorized use of your username, password, other account information, or any other breach of security involving Kuaiwear that you become aware.

We may suspend or terminate your account and your ability to use Kuaiwear for failure to comply with these Terms of Use or any special terms related to a particular service.

Kuaiwear’s Liability

Kuaiwear makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using any Kuaiwear products, services or content. Any use of Kuaiwear products, contents or services are at your own risk. Changes are periodically made to Kuaiwear products, contents or services and may be made at any time. Some Content may be provided by third parties and Kuaiwear will not be held responsible for any such Content provided by third parties.

Kuaiwear does not warrant that their products, contents of services will operate without errors or that they are free of viruses or other harmful goods. Kuaiwear will need be responsible for the need of servicing or replacing any equipment or data as a result of using Kuaiwear products, contents or services.

KUAIWEAR PRODUCTS, CONTENTS OR SERVICES ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. KUAIWEAR, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.

Disclaimer of Certain Damages

Your use of the Kuaiwear products, contents or services is at your own risk. If you are dissatisfied with anything or with these Terms and Conditions, your sole remedy is to discontinue use Kuaiwear products, contents or services. IN NO EVENT WILL KUAIWEAR OR ANY THIRD PARTIES MENTIONED BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER FORM OF LOSS) RESULTING FROM THE USE OR INABILITY TO USE THE KUAIWEAR SITES, PRODUCTS, SERVICES AND CONTENTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KUAIWEAR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME COUNTRIES OR STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE SUCH EXCLUSION OR LIMITATION APPLIES TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW.

Links to Other Sites

Kuaiwear products, contents or services may contain links to third party Web sites that are maintained by others. Any such links are provided solely as a convenience to you and not as an endorsement by Kuaiwear of the contents on such third-party Web sites. Kuaiwear is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party Web sites or the privacy practices of such third parties. If you decide to access linked third-party Web sites, you do so at your own risk.

Third-party Products

On Kuaiwear products, contents or services, you might have an opportunity to download applications, plans or content created by third-parties. Kuaiwear is not responsible for and makes no representations or warranties regarding the content, functionality or privacy practices of these third-party applications, plans or content. If you decide to download and/or use any of these third-party applications, plans or content, then you do so at your own risk.

User Information

Kuaiwear may collect non-personally identifiable information about you in a number of ways including tracking your activities. This information is used on an aggregated basis to improve the service provided and we may provide this information to reputable third parties, but this information will include no personally identifiable information.

In order to provide you certain services, we may ask you for personal information and collect technical data and information related to your personal Kuaiwear devices, accessories and related software. These information may be used for offering of software updates, product support, other services related to Kuaiwear products, research & development, and marketing purposes.

Indemnity

You agree to defend, indemnify, and hold harmless Kuaiwear, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of these Terms of Use.

Export Control

Certain countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export any Kuaiwear products, contents or services to countries or persons prohibited under export control laws. By downloading the Content, you are agreeing that you are not in a country where such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export.

Copyright Policy

The Content is Copyright © Kuaiwear Limited. The Content is protected by copyright laws, international treaty provisions and all applicable national laws. You may not reproduce (whether by linking, framing or any other method), transfer, distribute or storage of part or all of the Content in any form without the prior written consent of Kuaiwear except in accordance with the following terms. You may not change or delete any proprietary notices from materials downloaded from this Site. Kuaiwear respects the intellectual property rights of others. It is Kuaiwear's policy, at its discretion and when appropriate, to terminate the accounts of users who may infringe or repeatedly infringe the copyrights of third parties.

Jurisdiction

Except to the extent provided below in this paragraph, all legal issues arising from or related to the use of any Kuaiwear products, contents or services will be construed in accordance with and determined by the laws of Hong Kong. By using Kuaiwear products, contents or services, you agree that the exclusive forum for any claims or causes of action arising is Hong Kong.

Revisions

Polar may revise or withdraw the Content, in whole or in part, at any time without notice. Polar may revise these Terms from time to time by updating this posting. By using this Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current Terms to which you are bound.

Activity Tracking Accuracy

Kuaiwear products, contents or services are intended to be tools to provide you with information to encourage an active and healthy lifestyle. Kuaiwear products, contents or services rely on sensors that track your movement 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 but not limited to distance, speed, pace, cadence, heart rate and calorie data. Kuaiwear products, contents or services are not for medical use or purposes, and is not intended to diagnose, treat, cure, or prevent any disease. Kuaiwear recommends you consult your doctor before doing any exercise.

Cookies

When you access a Kuaiwear Site, our server may attach a small text file to your hard disk - a cookie. By showing how and when our quests use this Site, this information helps us to improve this Site. It is important to note that cookies are safe. They cannot be executed as code or be used to deliver a virus, and personal information is not gathered from them, or stored on them. If you do not wish to receive cookies, or want to be notified of when they are placed, you can set your web browser to do so, if your browser so permits.

Minors

Kuaiwear requests that “Minors” (as applicable by each individual country laws) do not use any of the Kuaiwear products or services without the consent of a parent or legal guardian.

Warranty

By using any KuaiFit device, product or service, you agree to Kuaiwear Limited Terms of Use and Warranty, and should not use any if you do not agree to them. This is not a medical device and is intended for recreational purposes only. Consult your doctor before any exercise or training.

Kuaiwear Limited (KuaiFit) warrants this hardware product against defects in materials and workmanship under normal use for a Warranty Period of 12 months (365 days) from the date of retail purchase by the original purchaser. Under this Limited Warranty, if a hardware defect arises and a valid claim is received by KuaiFit within the Warranty Period, at its option and to the extent permitted by law, KuaiFit will either repair or exchange the product with a new one. A refurbished or replaced product will assume the remaining warrant of the original product or 90 days from the date of replacement, whichever is longer.

KuaiFit Privacy Policy

KuaiFit is committed to protecting and respecting your privacy.

Effective starting 23 May 2018

This policy sets out:
(a) what information we collect about you when you visit our website, use our products or services, or otherwise interact with us;
(b) how we use, share, store, and secure the information;
(c) how you may access and control the information.

In this policy:
"Platform"means all Kuaiwear and KuaiFit websites and apps; and "KuaiFit" or "we" is as defined in our Terms of Service.

1.What information we collect about you

We collect the following types of information about you:

  • account and profile information that you provide when you register for an account or sign up for our products or services, for example your name, email address, physical address, telephone number, picture, and other parameters such as weight, height, heart rate, calories. (collectively, “Account Data”);
  • information you provide through our support channels, for example when you report a problem to us or interact with our support team, including any contact information, documentation, or screenshots (collectively, “Support Data”);
  • content generated through the use of our products or services, such as personal information generated by our software or hardware, or information you create or upload to any of our platforms. This content also includes position tracking and other physical and biometric parameters such as heart rate, speed, distance, calories, cadence, steps, time, etc. (collectively, “User Content”);
  • communication, marketing, and other preferences set up in your account or profile, or when you participate in a survey or a questionnaire that we send you (collectively, “Preference Data”);
  • details of any transactions, purchases, or orders that you’ve made with us (collectively, “Transaction Data”);
  • payment information, for example your payment card information or bank account details (collectively, “Financial Data”);
  • information about your device or connection, for example your internet protocol (IP) address, login data, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our products or services and information we collect through cookies and other data collection technologies (please read our Cookies Policy for details) (collectively, “Technical Data”);
  • information about your use of or visit to our Platform, for example your clickstream to, through, and from our Platform, products you viewed, used, or searched for, download or other errors, page response times, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), or methods to browse away from the page (collectively, “Usage Data”).

We collect the above information when you provide it to us or when you use or visit our Platform. We may also receive information about you from other sources, including:

  • our personnel, agents and consultants in connection with our operations or services, for example our staff engaged in the fulfilment of your order, processing of your payment, and provision of support services;
  • other users of our products or services, for example when a member of an organisation registers an account for each team member on our Platform;
  • other services linked to your account, for example if you register or log in your account using your third party credentials such as Facebook, we receive your name and email address to authenticate you, as permitted by your profile settings;
  • our group companies or overseas offices that provide information technology, system administrative, and/or marketing services;
  • our business partners and service providers who provide technical, payment, delivery services, advertising networks, analytics, market research, and other services.

We do not collect sensitive data about your race, ethnic origin, politics, religion, trade union membership, genetics, or sexual orientation.

2.How we use information we collect

We only use your personal information where the law allows us to. We use your personal information only where:

  • we need to perform contract we have entered into (or are about to enter into) with you, including to operate our products or services, to provide customer support and personalised features, and to protect the safety and security of our Platform;
  • it satisfies a legitimate interest which is not overridden by your fundamental rights or data protection interests, for example for research and development to improve our products or services, and in order to protect our legal rights and interests;
  • you’ve given us consent to do so for a specific purpose, for example we may send you direct marketing materials or publish your information as part of our testimonials or customer stories to promote our products or services with your permission;
  • we need to comply with a legal or regulatory obligation.

You have the right to withdraw your consent to use your personal information at any time by contacting us (please refer to paragraph 9 for contact information), but please note this will not affect any use of your information that has already taken place.

We do not share your personal information with any company outside our group for marketing purpose unrelated to our products or services, unless with your express specific consent to do so.

For visitors to or users of our Platform who are located in the European Union, we have set out our legal bases for processing your information.

3.How we share information we collect

We share information with other companies in our group in order to operate our Platform and to offer and improve our products and services.

We share information with third parties that help us operate, provide, support, improve, and market our products and services, for example third-party service providers who provide cloud hosting, maintenance, backup, storage, infrastructure, billing, payment processing, customer support, business analytics, data processing, and other services.

Third-party service providers have access to your personal information only for the purpose of performing their services and in compliance with applicable laws and regulations. We require these third-party service providers to maintain confidentiality and security of all personal information that they process on our behalf and to implement and maintain reasonable security measures to protect the confidentiality, integrity, and availability of your personal information.

We take reasonable steps to confirm that all third-party service providers that we engage process personal information in the manner that provides at least the same level of protection as is provided under this policy. Where any third-party provider is unable to satisfy our requirements, we will require them to notify us immediately and we will take reasonable steps to prevent or stop non-compliant processing.

If you use any third-party software in connection with our products or services, for example any third-party software that our Platform integrates with, you might give the third-party software provider access to your account and information. Policies and procedures of third-party software providers are not controlled by us, and this policy does not cover how your information is collected or used by third-party software providers. We encourage you to review the privacy policies of third-party software providers before you use the third-party software.

Our Platform may contain links to third-party websites over which we have no control. If you follow a link to any of these websites or submit information to them, your information will be governed by their policies. We encourage you to review the privacy policies of third-party websites before you submit information to them.

We may share your information with government and law enforcement officials to comply with applicable laws or regulations, for example when we respond to claims, legal processes, law enforcement, or national security requests.

If we are acquired by a third party as a result of a merger, acquisition, or business transfer, your personal information may be disclosed and/or transferred to a third party in connection with such transaction. We will notify you if such transaction takes place and inform you of any choices you may have regarding your information.

4.How we store and secure information we collect

We use cloud service providers to host the information we collect to enable us to operate as a global platform.

We have adopted the following measures to protect the security and integrity of your personal information:

  • any payment transactions and documents are encrypted using TLS/SSL technology;
  • access to your personal information is restricted to personnel or service providers on a strictly need-to-know basis, who will only process your information on our instructions and who are subject to a duty of confidentiality;
  • our information collection, storage, and processing practices are reviewed regularly.

We have put in place procedures to deal with any suspected privacy breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

While we implement safeguards designed to protect your information, please note that no transmission of information on the Internet is completely secure. We cannot guarantee that your information, during transmission through the Internet or while stored on our systems or processed by us, is absolutely safe and secure.

We retain personal information for so long as we see reasonably necessary and we periodically review the basis and appropriateness of our data retention policy.

5.How we transfer information internationally

We collect information globally. We transfer, process, and store your information outside your country of residence where we or our service providers operate for the purpose of providing our products and services to you.

Some of the countries in which our companies or service providers are located may not have the privacy and data protection laws that are equivalent to those in your country of residence. When we share information with these companies or service providers, we make use of contractual clauses, corporate rules, and other appropriate mechanisms to safeguard the transfer of information.

6.Your rights

You have the right to:

  • be informed of what we do with your personal information;
  • request a copy of personal information we hold about you;
  • require us to correct any inaccuracy or error in any personal information we hold about you;
  • request erasure of your personal information (note, however, that we may not always be able to comply with your request of erasure if the personal information is still necessary for the purpose which we originally collected it for, or for record keeping or legal compliance purposes);
  • object to or restrict the processing by us of your personal information (including for marketing purposes);
  • request to receive some of your personal information in a structured, commonly used, and machine readable format, and request that we transfer such information to another party;
  • withdraw your consent at any time where we are relying on consent to process your personal information (although this will not affect the lawfulness of any processing carried out before you withdraw your consent).

Our Platform enables you to update certain information about yourself, for example you may change your personal information by updating your account settings in our website or apps.

You may opt out of receiving marketing materials from us by using the unsubscribe link in our communications or by contacting us (please refer to paragraph 9 for contact information). Please note, however, that even if you opt out from receiving marketing materials from us, you will continue to receive notifications or information from us that are necessary for the use of our products or services.

As a security measure, we may need specific information from you to help us confirm your identity when processing your privacy requests or when you exercise your rights.

Any request under paragraph 6.1 will normally be addressed free of charge. However, we may charge a reasonable administration fee if your request is clearly unfounded, repetitive, or excessive.

We will respond to all legitimate requests within one (1) month. Occasionally, it may take us longer than a month if your request is particularly complex or if you have made a number of requests.

7.Changes to this policy

We may amend this policy from time to time by posting the updated policy on our Platform. By continuing to use our Platform after the changes come into effect, you agree to be bound by the revised policy.


8.Policy towards children

Our products and services are not directed to individuals under 16. We do not knowingly collect personal information from individuals under 16. If we become aware that an individual under 16 has provided us with personal information, we will take steps to delete such information. Contact us if you believe that we have mistakenly or unintentionally collected information from an individual under 16.


9.Contact us

Please contact us at coach@kuai.fit or submit any written request to: Kuaiwear, A10 Wong’s Building, 33 Hung To Road, Kowloon, HK
Tel: +852 5127 6530
Attn: Privacy Manager

Please contact us in the first instance if you have any questions or concerns. If you have unresolved concerns, you have the right to file a complaint with a data protection authority in the country where you live or work or where you feel your rights have been infringed.

COOKIES POLICY

Cookies are small text files that are placed on your device by a web server when you access our Platform. We use cookies to identify your access and monitor usage and web traffic on our Platform to customise and improve our products and services.

We use both persistent cookies and session cookies. A persistent cookie stays in your browser and will be read by us when you return to our Site or a partner site that uses our services. Session cookies only last for as long as the session lasts (usually the current visit to a website or a browser session).

We use the following types of cookies:

  • (a) Strictly necessary cookies – these are cookies that are required for the operation of our site. They include, for example, cookies that enable you to log into secure areas of our website.
  • (b) Analytical/performance cookies – these allow us to recognise and count the number of visitors and to see how visitors move around our Site when they are using it. This helps us to improve the way our site works, for example, by ensuring that users are easily finding what they are looking for.
  • (c) Functionality cookies – these are used to recognise you when you return to our site.
  • (d) Targeting cookies – these cookies record your visit to our site, the pages you have visited, and the links you have followed.

You can block cookies by activating the setting on your browser that allows you to refuse the use of all or some cookies. However, if you do so, you may not be able to access all or parts of our site.