About This Agreement
Welcome to Evobeing.
These Terms of Service (the “Agreement”) are entered into between you and Evobeing LLC (“Evobeing,” “we,” or the “Company”) and apply when you access, download, install, or use the Evobeing App, Evobeing Ring, related software, websites, and other products and services we provide (collectively, the “Evobeing Services”).
Please read and understand this Agreement carefully before using the Evobeing Services. By creating an account, purchasing a product, connecting an Evobeing Ring, or continuing to use the Evobeing Services, you confirm that you have read, understood, and agreed to be bound by this Agreement.
If you do not agree to any part of this Agreement, please stop using the Evobeing Services.
Description of the Evobeing Services
Evobeing provides consumer Wellness management services based on smart wearable devices, software algorithms, and digital health technologies, with the aim of helping users understand their personal physical status, lifestyle trends, and daily behavior patterns.
Evobeing does not provide medical services and is not intended for use as a medical device.
The Evobeing Services may include:
- Evobeing Ring hardware devices;
- The Evobeing App;
- Wellness data analysis;
- Display of Sleep, Recovery, Stress, Activity, and other related metrics;
- Personal Baseline analysis;
- Insights;
- Personalized Recommendations;
- Wellness Activities;
- AI-assisted features.
Evobeing uses device sensor data, information actively entered by users, and algorithmic models to analyze relevant data and generate information related to health management, with the aim of helping users:
- Better understand their own status;
- Establish healthy lifestyle habits;
- Optimize their daily routines;
- Obtain references for personal health management.
Evobeing does not promise or guarantee any specific health, physical performance, or lifestyle improvement result.
Health Disclaimer
The Evobeing Services are intended to help users with personal Wellness management and lifestyle optimization. You understand and agree that the Evobeing Ring, Evobeing App, and related software, algorithms, Insights, and Recommendations are not medical devices, do not provide medical services, and are not intended to replace professional medical advice. Some users may not receive complete or accurate analysis results, including, but not limited to, circumstances caused by how the device is worn, individual physiological differences, data quality, and technical limitations.
Scope and Use of Information
Information provided by Evobeing may include, but is not limited to:
- Wellness Scores;
- Sleep Insights;
- Recovery Insights;
- Stress Insights;
- Activity Insights;
- Rhythm State;
- Personal Baseline analysis;
- Wellness Activities;
- AI-generated Recommendations.
The above content is used only to:
- Help you understand trends in your personal status;
- Support healthy lifestyle management;
- Provide personal reference information.
Non-Medical Use
The Evobeing Services are not intended to:
- Diagnose any disease or health condition;
- Treat or manage disease;
- Serve as a basis for medical decisions;
- Replace advice provided by physicians, medical institutions, or other qualified professionals.
Evobeing does not guarantee that data collected through the device, analysis results, or recommended content can:
- Detect all health abnormalities;
- Predict future health risks;
- Identify all diseases or physical problems.
Use Restrictions
You should not rely solely on information provided by Evobeing to:
- Change or discontinue medication use;
- Adjust a medical treatment plan;
- Delay seeking medical assistance;
- Make important decisions that may affect your health or safety.
If you experience persistent physical discomfort, significant health changes, emergency symptoms, or concerns about your physical condition, please promptly consult a qualified medical professional or seek emergency medical assistance.
Activity Safety
Before participating in any Wellness Activity, exercise, recovery, or lifestyle activity recommended by Evobeing, you should independently determine whether participation is appropriate based on your physical condition, current environment, personal capabilities, and professional advice, where applicable.
Account Registration and User Responsibilities
Some Evobeing Services may require you to create an Evobeing account. When registering an account, you agree to:
- Provide true, accurate, and complete information;
- Promptly update the information when it changes;
- Properly protect your account login information and authentication credentials;
- Be responsible for all activities conducted through your account.
Your Evobeing account may be used to:
- Manage your profile;
- Connect and manage your Evobeing Ring;
- View Wellness data and analysis results;
- Use other Evobeing features.
Account Security
You are responsible for maintaining the security of your account. If you discover unauthorized access to your account, disclosure of login information, loss of an Evobeing Ring, or other account security risks, you should promptly contact Evobeing or take reasonable measures to protect your account.
To the extent permitted by law, you are responsible for risks associated with the use of your account that result from your failure to properly protect account information.
User Eligibility
You must meet the age requirements for use under the laws of your country or region to register for and use the Evobeing Services.
If you use the Evobeing Services on behalf of a minor, you must ensure that any guardian consent required by applicable law has been obtained and that such use complies with relevant legal requirements. Evobeing does not provide services to children who do not meet the applicable age requirements.
Prohibited Conduct
When using the Evobeing Services, you must not:
- Provide false, misleading, or unauthorized information;
- Impersonate another person or access another person's account without authorization;
- Use an account for unauthorized commercial purposes;
- Transfer, sell, or share account access rights;
- Interfere with, disrupt, or affect the normal operation of the Evobeing Services, devices, or systems;
- Attempt to bypass security measures, compromise systems, reverse engineer software, or unlawfully obtain data;
- Use the Evobeing Services to engage in activities that violate applicable law.
Account Suspension or Termination
If Evobeing reasonably believes that your account presents a security risk, involves fraudulent conduct, materially violates this Agreement, or violates laws or regulations, Evobeing may take measures including restricting access to, suspending, or terminating the account. Evobeing will provide relevant notice where required by applicable law.
Use of the Evobeing Ring and Software
The Evobeing Ring is not intended for continuous medical monitoring and is not designed to detect emergency health events. The Evobeing Ring should not be used as a replacement for professional medical devices, such as electrocardiogram monitoring devices, medical-grade sleep monitoring devices, or other regulatory-approved medical devices.
Device Performance and Data Accuracy
The performance and data quality of the Evobeing Ring may be affected by various factors, including, but not limited to:
- Wearing position and manner of wear;
- Device fit;
- The user's activity status;
- Skin condition;
- Environmental conditions;
- Device hardware status;
- Battery status;
- Software and Firmware versions;
- Technical limitations of sensors;
- Data transmission and network environment.
Accordingly, you understand and agree that data collected by the Evobeing Ring may contain errors, omissions, or delays within a reasonable range. Evobeing does not guarantee that all measurement results will always be completely accurate, complete and without omissions, reflect your physical status in real time, or apply to every individual circumstance.
Software, Firmware, and Algorithm Updates
To continuously improve the product experience, enhance security, or satisfy technical and legal requirements, Evobeing may from time to time update the Evobeing App, update Ring Firmware, optimize data processing methods, adjust algorithmic models, or modify, add, or remove certain features.
Some features may require the latest App version, latest Firmware, a compatible device, or a supported operating system version to function properly. You agree to install necessary software updates as reasonably required to maintain the security and proper operation of the Services.
Wellness Data, Insights, and AI Features
Based on data you authorize and provide, Evobeing uses data analysis, algorithmic models, and artificial intelligence technologies to generate personalized Wellness information and recommendations for you. AI-generated content may make inferences based on statistical models, historical data, and available information and does not represent established facts, medical judgments, or professional opinions.
Evobeing may provide Services to you based on the following data:
- Data collected by Evobeing Ring sensors;
- Wellness data;
- Information related to sleep, recovery, stress, and activity;
- Information you actively enter;
- Usage behavior and interaction records;
- Personal preferences and historical trends.
These features may include:
- Physical status analysis;
- Wellness Scores;
- Trend analysis;
- Data interpretation;
- Personalized Insights;
- Lifestyle Recommendations;
- Wellness Activities recommendations;
- AI-generated content or recommendations.
Limitations of Data Analysis and AI Results
You understand and agree that Evobeing's analysis results and AI-generated content depend on sensor data quality, data completeness, algorithmic models, artificial intelligence technologies, information you provide, and the system operating environment. Accordingly, Evobeing does not guarantee that all Insights, Scores, or AI-generated content will always be:
- Completely accurate;
- Complete and without omissions;
- Free from errors;
- Applicable to your specific circumstances;
- Reflective of your actual physical status.
AI models and automated systems may produce inaccurate, incomplete, or unexpected results.
Non-Medical Use
The Wellness data, Insights, Scores, Recommendations, and AI features provided by Evobeing are intended only for general health management, lifestyle optimization, self-awareness, and habit formation and do not constitute:
- Medical diagnosis;
- Disease detection;
- Medical treatment advice;
- Professional health or fitness guidance.
You should not rely solely on information provided by Evobeing to make important decisions that may affect your health, safety, or medical condition. If you have questions about your health condition, you should consult a qualified medical or other professional.
Personalized Recommendations
Evobeing may provide personalized recommendations based on your personal data and historical trends. Because each person's physical condition, living environment, and goals differ, a particular recommendation may not be appropriate for every user. You should independently determine whether to follow a recommendation or participate in a related activity based on your actual circumstances.
Wellness Activities
Evobeing may provide you with personalized lifestyle recommendations and wellness activity suggestions (the “Activities”) based on your Wellness data, personal preferences, usage, and other relevant information. These may include, but are not limited to, breathing exercises, recovery activities, light physical activities, and sleep-improvement recommendations.
Activities provided by Evobeing are intended to help you:
- Better understand your own status;
- Establish positive, healthy habits;
- Optimize your daily routine;
- Support personal Wellness management.
Activities do not constitute medical advice, diagnosis or treatment plans, professional fitness guidance, or interventions for an individual's disease or health condition.
Before participating in any Activity, you should exercise reasonable judgment based on your current physical status, environmental conditions, personal capabilities, and professional advice, where applicable. If you have a known health issue, physical discomfort, risk of injury, or special health needs, please consult a qualified medical or other professional before engaging in the relevant activity.
You understand and agree that the effects of any Activity may vary based on an individual's physical condition, manner of performance, and other factors. Evobeing does not guarantee any specific health improvement result.
Privacy and Data Protection
Evobeing values your privacy and is committed to protecting your personal information in accordance with applicable data protection laws. During your use of the Evobeing Services, we may collect and process information related to your account, device, usage, and physical status, including, but not limited to:
- Account information;
- Data collected by the Evobeing Ring;
- Wellness data such as Sleep, Recovery, Stress, and Activity;
- Information you actively record;
- Device and technical information;
- Data from third-party health platforms that you authorize and connect.
Depending on the laws of your country or region, some information may be considered Health Data, Sensitive Personal Data, Special Categories of Personal Data, or Consumer Health Data. Evobeing will take appropriate measures to process and protect such data in accordance with applicable law.
For information about how we collect, use, store, protect, and share personal data, how to manage your privacy rights, and how to delete your account and data, please refer to the Evobeing Privacy Policy.
By continuing to use the Evobeing Services, you confirm that you have read and understood this Agreement and the relevant descriptions of personal data processing in the Evobeing Privacy Policy. Where applicable law requires your consent, we will obtain the necessary authorization from you before processing the relevant personal data.
Where consumer health data protection laws in certain U.S. states apply, including, but not limited to, the Washington My Health My Data Act, Evobeing will process relevant Consumer Health Data in accordance with applicable law. For information about the collection, use, and sharing of Consumer Health Data and user rights, please refer to the Evobeing Consumer Health Data Privacy Notice.
Third-Party Services
Evobeing may support connections with third-party services such as Apple Health and HealthKit. When you choose to connect a third-party service:
- You authorize Evobeing to access relevant data in accordance with your permissions;
- The processing of data by the third-party service is governed by its own policies.
Evobeing does not control the operation or privacy practices of third-party services.
Intellectual Property
The Evobeing Services and related content, including, but not limited to, the following, are owned by Evobeing or its licensors and protected by applicable intellectual property laws:
- Software and Firmware related to Evobeing Ring hardware;
- The Evobeing App;
- Websites and related platforms;
- User interface designs, visual elements, and interaction designs;
- Evobeing trademarks, Logos, and brand identifiers;
- Software code, algorithms, computational models, and data analysis models;
- AI models, machine learning models, and related technologies;
- Insights, Scores, Reports, and other content;
- Documents, text, images, audio, video, and other materials.
Unless expressly permitted by this Agreement or authorized in writing by Evobeing, you must not:
- Copy, modify, translate, adapt, or create derivative works;
- Sell, rent, sublicense, or commercially exploit the Evobeing Services or any part of them;
- Reverse engineer, decompile, disassemble, or attempt to obtain software source code, algorithmic logic, or technical architecture;
- Remove, conceal, or modify any copyright, trademark, or other rights notice;
- Use the Evobeing brand, trademarks, or related identifiers to imply an unauthorized partnership, endorsement, or affiliation.
Changes to and Termination of Services
Evobeing may update the Services, modify features, suspend certain Services, or terminate Services based on business, security, technical, or legal needs. Where required by law or where your rights and interests are materially affected, we will provide notice in accordance with applicable law. You may stop using the Evobeing Services at any time.
Disclaimer
To the maximum extent permitted by applicable law, the Evobeing Services are provided to you on an “As Is” and “As Available” basis. Evobeing makes no express or implied warranty regarding the continuous availability, completeness, accuracy, or fitness for a particular purpose of the Services.
You understand and agree that the Evobeing Services depend on various factors, including hardware sensors, software algorithms, data quality, network connectivity, device status, and third-party services, and that some information may therefore be subject to errors or limitations within a reasonable range. Evobeing does not guarantee that:
- The Services will always be uninterrupted, free of delays, or error-free;
- Data collected by the Evobeing Ring will always be completely accurate or complete;
- All Wellness Scores, Insights, Trends, or Recommendations will apply to your individual circumstances;
- AI-generated content or personalized recommendations will always be accurate, complete, or meet your expectations;
- The Services can detect, predict, prevent, reduce, or avoid any health risk.
Information provided by Evobeing, including Sleep Insights, Recovery Insights, Stress Insights, Activity Insights, Wellness Scores, and Personalized Recommendations, is intended only for general health management and lifestyle reference and does not constitute medical advice, diagnosis, treatment, or professional health services. You should not use information provided by Evobeing to independently make important decisions that may affect your health, safety, or medical condition. If you have a health issue, physical discomfort, or medical need, you should consult a qualified medical professional.
For limitations of the Services or deviations in results caused by incorrect wearing or use of the Evobeing Ring, device damage or malfunction, outdated software versions, network connectivity issues, changes to third-party services, inaccurate information provided by a user, or other factors not reasonably within Evobeing's control, Evobeing will not be liable beyond the scope permitted by applicable law.
Limitation of Liability
To the extent permitted by applicable law, Evobeing will not be liable for indirect losses, incidental losses, loss of data, loss of profits, or health decisions made in reliance on Wellness information. If the law does not permit the limitation of certain liabilities, this provision will apply to the extent permitted by law.
User Indemnification
To the maximum extent permitted by applicable law, you agree to provide corresponding indemnification if any of the following conduct by you causes Evobeing, its affiliates, partners, officers, employees, or service providers to incur any third-party claim, loss, liability, damage, expense, or reasonable legal fees:
- Violation of this Agreement or other applicable terms;
- Violation of applicable laws or regulations;
- Unauthorized use of the Evobeing Services;
- Infringement of a third party's intellectual property rights, privacy rights, or other lawful rights and interests;
- Provision of false, unlawful, or unauthorized information to Evobeing;
- Damage to the Evobeing Services, systems, or third-party rights and interests caused by intentional conduct or gross negligence.
Evobeing will notify you of the relevant claim within a reasonable scope and provide you with information necessary to handle the matter. Without the agreement of both parties, neither party may unilaterally admit liability or reach a settlement in a manner that affects the other party's lawful rights and interests. This provision does not limit any other rights or remedies available to either party under applicable law.
Governing Law and Dispute Resolution
Governing Law
This Agreement and any dispute between you and Evobeing arising from the use of the Evobeing Services will be governed by and construed in accordance with the laws of the State of Wyoming, United States. However, if the laws of your country or region provide consumers with mandatory protections that cannot be waived, those rights will not be affected by the choice of governing law in this Agreement. For example:
- If you are a user in the European Economic Area (EEA), the United Kingdom, or Switzerland, you continue to have the rights granted by local consumer protection laws;
- If you are a user in Japan, the application of this Agreement will not limit your rights under relevant Japanese consumer protection laws;
- If you are a user in the United States, the governing law will apply without affecting any non-waivable rights granted to you by the laws of your state.
Informal Resolution
If a dispute arises between you and Evobeing concerning this Agreement, the Evobeing Services, or related transactions, the parties should first attempt to resolve it amicably. You may contact us at dataprotection@evobeing.com. We will review your request within a reasonable period and attempt to provide a solution.
Users in the United States
If you reside in the United States, to the maximum extent permitted by law, you and Evobeing agree to the following:
Informal Resolution
Any dispute arising from this Agreement, the Evobeing Services, or related transactions should first be resolved through amicable consultation.
Individual Arbitration
If a dispute cannot be resolved through consultation, the parties agree that the dispute may be resolved through binding individual arbitration instead of court litigation. The arbitration will be conducted in accordance with the applicable rules of the American Arbitration Association (AAA).
Class Action Waiver
To the extent permitted by law, you and Evobeing agree:
- Not to bring a claim in the form of a Class Action;
- Not to participate as a class member in a claim against the other party;
- That arbitration will address only the dispute between you individually and Evobeing.
4. Right to Opt Out
If you do not wish to accept this arbitration provision, you may submit a notice to Evobeing opting out of the arbitration provision at dataprotection@evobeing.com within 30 days after first accepting this Agreement.
Users in the European Union, United Kingdom, and Other Regions
If you are a user in the European Union, the United Kingdom, or another region protected by consumer protection laws, nothing in this Agreement will limit your rights under applicable law, including:
- The right to bring proceedings in local courts;
- The right to use consumer dispute resolution mechanisms;
- The right to submit a complaint to the relevant regulatory authority.
Users in Japan
If Japanese law applies to you, this Agreement will not limit your consumer protection rights under Japan's Consumer Contract Act and other applicable laws. If a dispute arises, the parties will first attempt to resolve it through consultation.
Courts with Jurisdiction
If a dispute cannot be resolved through consultation or an applicable dispute resolution mechanism:
To the extent permitted by law, any dispute that is not resolved through arbitration and must be resolved through court litigation will be submitted to a state or federal court with jurisdiction in the State of Wyoming, United States. However, if the applicable law of your country or region grants consumers the right to bring proceedings in local courts, that right will not be limited by this provision.
Updates to This Agreement
Evobeing may update this Agreement from time to time due to changes in product features or the scope of Services, upgrades to the Evobeing Ring/App or related technologies, changes in business operations, or changes in applicable laws, regulatory requirements, or industry standards.
The updated Agreement will be published on the Evobeing website, in the App, or through another appropriate channel and will indicate the latest effective date. For updates that do not materially affect your rights or obligations, Evobeing may notify you only by updating this Agreement page.
If an update may have a material impact on your important rights and interests, such as changes involving payment or subscription rules, material changes to the conditions for using the Services, adjustments to limitations of liability, or important changes related to privacy and data processing, Evobeing will provide you with advance notice through an App notification, email, website notice, or other reasonable means as required by applicable law.
By continuing to access or use the Evobeing Services after an update becomes effective, you accept the updated Agreement. If you do not agree to the updated Agreement, you may stop using the Evobeing Services and request closure of your account or termination of the relevant Services in accordance with this Agreement and applicable policies.
Contact Us
If you have any questions about this Agreement, please contact us as follows:
- Evobeing Legal Entity: Evobeing LLC
- Address: 45 E LOUCKS ST, 2ND FLOOR SHERIDAN, WY 82801, United States
- Email: dataprotection@evobeing.com