Welcome to BaroShift. These Terms of Service ("Terms") govern your access to and use of the BaroShift mobile application (the "App"), our wearable hardware device (the "BaroShift wearable"), our websites, and all related services (collectively, the "Service").
The Service is provided by BAROSHIFT TECHNOLOGIES INC. ("BaroShift", "we", "us", or "our").
Please read these Terms carefully. By creating an account, purchasing our BaroShift wearable, or using our Service, you agree to be bound by these Terms and our Privacy Policy.
Agreement to Terms and Nature of Service
By using our Service, you agree to these legally binding Terms. If you do not agree to these Terms, do not use the Service. Your use of the Service is also subject to our Privacy Policy, which is incorporated by reference into these Terms.
This Service provides wellness insights via AI-automated biometric profiling. You acknowledge that this biometric processing is strictly necessary for the requested core Service; accordingly, no opt-out is available for this core operational analysis. The Service also includes an interactive automated AI Coach, which is enabled by default. You may toggle the AI Coach off at any time within your account settings; however, disabling the AI Coach will significantly degrade the utility of the Service, reducing your experience to raw, uninterpreted biometric tracking data and baseline scoring results without personalized context, trends, or coaching insights.
IMPORTANT MEDICAL AND WELLNESS DISCLAIMERS
Your well-being is important to us, and it is critical that you understand the intended purpose and limitations of our Service.
- ›Not Medical Advice: The Service, including all data, insights, and content provided by the App and the BaroShift wearable, is for informational and general wellness purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment. BaroShift is not a licensed medical care provider and does not engage in the practice of medicine. Never disregard professional medical advice or delay in seeking it because of something you have read or inferred from the Service.
- ›Consult Your Physician: Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. You are solely responsible for your use of the Service and assume all associated risks.
AI Coach Disclaimer
Eligibility, Account Registration, and Data Costs
- ›Eligibility: You must be at least 16 years of age to create an account and use the Service. You agree to provide true, accurate, current, and complete information during the registration process.
- ›Security: You are responsible for safeguarding your account password and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.
- ›Network and Data Charges: You acknowledge that your use of the Service requires an internet connection and may consume data. You are solely responsible for all connectivity, data, and carrier charges incurred in your use of the Service.
Commercial Terms: Sales and Service Renewals
Part A: Purchase of the BaroShift Starter Bundle
- ›Starter Bundle: Our primary offering is the "Starter Bundle." This bundle includes an initial Pass for Service access, and one (1) BaroShift wearable provided at no additional cost. The price for the Starter Bundle is as displayed to you during Plan Selection in the buying process on our store hosted by our web-based e-commerce platform hosting partner (the "Store"). The final invoice or order confirmation provided to you at the time of purchase is hereby incorporated into this contract and serves as the definitive statement of the itemized purchase price and total cost.
- ›Orders: All orders for our Starter Bundle are subject to our acceptance. We reserve the right to refuse or limit any order at our sole discretion.
- ›Payment: You agree to provide current, complete, and accurate purchase and account information for all purchases. All payments for purchases made on our website are due upfront and will be processed through our reputable third-party payment processors.
- ›Shipping: Shipping and handling charges will be specified at the time of purchase. Risk of loss and title for the BaroShift wearable pass to you upon our delivery of the item to the carrier.
Part B: BaroShift wearable Return Policy
- ›30-Day Returns: We offer a 30-day return window for the BaroShift wearable, beginning on the date of delivery. To be eligible for a return, the BaroShift wearable must be unused, in the same condition that you received it, and in its original packaging.
- ›Return Process: To initiate a return, please contact support@baroshift.com to obtain a Return Authorization number. You are responsible for return shipping costs.
- ›Refunds: Once your return is received and inspected, we will notify you of the approval or rejection of your refund. If approved, your refund will be processed to your original method of payment. Shipping costs are non-refundable.
Part C: BaroShift wearable Limited Warranty
- ›One-Year Limited Warranty: We warrant the BaroShift wearable against defects in materials and workmanship under normal use for a period of one (1) year from the date of original purchase.
- ›Exclusions: This warranty does not cover damage resulting from accidents, misuse, abuse, unauthorized repair, or normal wear and tear.
- ›Warranty Service: If a valid claim is made during the warranty period, we will, at our option, either repair the defective BaroShift wearable or replace it.
Part D: Passes and Renewal
- ›Subscription Plans: Access to the Service is purchased via "Passes." Each pass provides a specific number of consecutive calendar days of access. The available pass durations and their respective prices are provided to you during Plan Selection in the buying process (either on our web store or via Apple In-App Purchases or Google Play Billing within the App). The final invoice, order confirmation, or App Store receipt provided to you at the time of purchase is hereby incorporated into this contract.
- ›Nature of Passes: For greater certainty, Passes represent a non-monetary, time-limited right of access to the Service and are not "prepaid purchase cards" or "gift cards" as defined under the Business Practices and Consumer Protection Act of British Columbia.
- ›Renewal of Service: Passes provide access for the duration specified at the time of purchase. You may select between manual or automatic renewal through your account settings depending on how your pass was originally purchased:
Purchases via Web:
If you enable automatic renewal, your access will automatically renew. A new Pass of the same duration will be automatically purchased using your stored payment method at the current rate unless you disable auto-renewal in your website account settings.
Purchases via Mobile (Apple App Store / Google Play Store):
If you purchase your subscription within our mobile app, your subscription auto-renews and is billed through your Apple ID or Google Play Account. To avoid auto-renewal, you must cancel the subscription directly through your Apple ID Subscriptions or Google Play Subscriptions settings at least 24 hours before your active period ends. BaroShift cannot manually cancel or modify subscriptions purchased through Apple or Google platforms.
- ›Renewal Notices (British Columbia): For Passes with a duration of 60 days or more, we will provide you with a written renewal notice between 30 and 60 days before your current pass expires.
- ›Enhanced Cancellation Rights (British Columbia): You may manage your renewal status in your settings at any time. (i) For Passes with a duration of less than 60 days, you may cancel the renewal at any time, including after the renewal date, without charge or penalty. (ii) For passes with a duration of 60 days or more, you may cancel at any time prior to the renewal date.
Part E: Subscription Cancellation and Refund Policy
You may cancel your subscription at any time through your account settings or by contacting us. Except as explicitly provided for residents of British Columbia in Section 4(D) above, or as otherwise required by applicable consumer protection laws in your jurisdiction, all payments for digital subscriptions (Passes) are non-refundable, and we do not provide refunds or credits for any partial subscription periods.
App Store Refunds
If you purchased a Pass via Apple In-App Purchases or Google Play Billing, any refund requests are subject to the terms and transaction rules of Apple and Google respectively. For iOS purchases, you must request refunds directly from Apple through your App Store purchase history; BaroShift is contractually unable to issue refunds directly for Apple billing transactions.
Refunds for Rejection of Material Policy Updates
We actively update our App to introduce new features, such as our interactive AI Coach. If we implement a material change to our Terms of Service or Privacy Policy that you do not wish to accept, you have the right to reject the updated policies. If you reject the updated terms and we are unable to continue providing you with basic biometric tracking without your consent, you may request a pro-rated refund for the remaining unused portion of your active Pass by contacting legal@baroshift.com (with your request processed directly by us for transactions on our web-based e-commerce platform, or assisted by us through documentation for App Store transactions where permitted).
Intellectual Property and Limited License
The Service and its entire contents, features, and functionality (including all software, text, graphics, and the BaroShift wearable's design) are owned by BaroShift, its licensors, or other providers of such material and are protected by copyright, trademark, and other intellectual property laws. We grant you a limited, personal, non-commercial, non-transferable, and revocable license to use the Service for your personal wellness purposes.
User Content and Submissions
We distinguish between your personal content and your feedback.
- ›User Content: This includes your private data, such as journal entries, mood logs, and conversational text prompts entered into the AI Coach. You retain all ownership rights to your User Content. You grant us a limited license to use this content solely for the purposes of providing, maintaining, and personalizing the Service for you, as detailed in our Privacy Policy. Conversational text submitted to the AI Coach is securely transmitted to our cloud-based infrastructure subprocessors for real-time text generation.
- ›Submissions: If you provide us with feedback, ideas, or suggestions ("Submissions"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Submissions for any purpose, without compensation or attribution to you.
Prohibited Conduct
You agree not to use the Service to:
- ›Violate any applicable law or regulation.
- ›Reverse engineer, decompile, or otherwise attempt to discover the source code of the App or the firmware of the BaroShift wearable.
- ›Use the Service for any commercial purpose without our prior written consent.
- ›Upload any content that is unlawful, harmful, or infringes on the rights of others.
- ›Interfere with or disrupt the integrity or performance of the Service.
- ›Attempt to gain unauthorized access to the Service or its related systems.
Nothing in these Terms prohibits or restricts your right to post, communicate, or share a review of our goods or services on the internet or otherwise.
Disclaimers and Limitation of Liability
- ›"As Is" Service: The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
- ›Algorithmic and Automated Output Accuracy: While we strive for accuracy, you acknowledge that the data provided by our sensors, AI algorithms, and generative text models (including our interactive automated AI Coach and any current or future automated predictive or generative features) possess inherent margins of error. Factors such as device placement, individual physiological variations, and environmental conditions can impact the accuracy of readings. BaroShift does not warrant the accuracy, completeness, or safety of responses or insights generated by automated features. We are not liable for any errors, inaccuracies, offensive outputs, automated actions, instructions, recommendations, or "hallucinations" generated by our interactive automated tools, and your reliance on such communications is strictly at your own risk.
- ›Limitation of Liability: To the fullest extent permitted by law, in no event will BaroShift or its affiliates be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Service. Our total liability to you for any and all claims arising from the use of the Service is limited to the greater of the total fees you paid to us in the 12 months prior to the claim, or two hundred and fifty Canadian dollars ($250 CAD).
The limitations of liability set out in this section do not apply to the extent prohibited by applicable law, including the consumer protection legislation of your province, territory, or state of residence.
Indemnification
You agree to defend, indemnify, and hold harmless BaroShift, its officers, directors, employees, and agents from and against any claims, liabilities, damages, and costs (including reasonable legal fees) arising from your use of the Service or your violation of these Terms.
Governing Law and Dispute Resolution
- ›Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to its conflict of law principles.
- ›Venue: You agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the courts located in Vancouver, British Columbia.
- ›Dispute Resolution: In compliance with the Business Practices and Consumer Protection Act of British Columbia, we do not require you to resolve disputes through mandatory arbitration or to waive your right to participate in a class action proceeding. The parties may mutually agree to arbitration after a dispute has arisen, but it is not a precondition for using the Service.
Third-Party Platform Terms
If you downloaded the App from the Apple App Store or Google Play Store (each, an "App Provider"), you acknowledge and agree that:
- ›These Terms are between you and BaroShift only, and not with the App Provider.
- ›The App Provider has no obligation to provide any maintenance or support services for the App.
- ›The App Provider is not responsible for any claims you or any third party may have relating to the App or your possession and/or use of the App.
General Terms
- ›Entire Agreement: These Terms constitute the entire agreement between you and BaroShift regarding the Service.
- ›Changes to Terms: We reserve the right to modify these Terms at any time. Any changes to these Terms become effective immediately upon being posted on our websites or within the App. Your continued use of the Service after such changes are posted constitutes your binding acceptance of the updated Terms.
- ›Contact Information: If you have any questions about these Terms, please contact us at: legal@baroshift.com.