Terms of Use

Effective Date: July 10, 2024

1. These Terms of Use (“Terms of Use”) constitute a binding agreement between you ("End User" or "you") and VESYNC (SINGAPORE) PTE. LTD. (“we” or "Company"), together with our Privacy Policy and any other documents that are expressly incorporated by reference, including, but not limited to, our Return Policy, Warranty Policy, and Copyright Policy (collectively, "Agreement"). This Agreement governs your access to and use of the levoitme.com Website (the "Website"), which includes, but is not limited to, your use of the products and services accessible thereon, and certain features, functionalities, and contents (collectively as “Services”).
2. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU START TO USE THE WEBSITE. BY CLICKING THE "AGREE" BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS TO THE SAME EXTENT AS ANY WRITTEN AGREEMENT ON PAPER SIGNED BY YOU. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT USE THE WEBSITE. YOU WILL NOT HAVE ACCESS TO ALL THE FUNCTIONALITIES AND FEATURES AVAILABLE TO YOU.
3. FOR SMART PRODUCTS, YOU NEED TO DOWNLOAD VESYNC MOBILE APPLICATION FOR FULL FEATURES AND SERVICES, PLEASE READ TERMS OF USE FOR THE MOBILE APPLICATION HERE.
4. Changes to the Terms of Use.

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. 

5. Intellectual Property Rights.

The Website is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You acknowledge and agree that the Website is provided under license, and not sold, to you. You do not acquire any ownership interest in the Website under this Agreement, or any other rights thereto other than to use the Website in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company reserves, and you acknowledge that Company and its licensors own and shall retain the entire right, title, and interest in and to the Website, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

6. License Grant.

In return for your acceptance to this Agreement, and subject to our Intellectual Property Rights, Company grants you a limited, non-exclusive, and nontransferable license to use the Website for your personal, non-commercial use on a single mobile device, a computer owned or otherwise controlled by you ("Device") strictly in accordance with the Website's documentation.

7. License Restrictions.

You shall not:

• copy the Website, except as expressly permitted by this Agreement;
• modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Website;
• reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Website or any part thereof except and only to the extent that applicable law expressly entitles you to do so notwithstanding this limitation as long as you provide notice to Company of such conduct and the purpose for it;
• remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Website, including any copy thereof;
• rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Website, or any features or functionalities of the Website, to any third party for any reason, except to the extent the Website is shared with family members under the terms of services of the application store from which the Website was obtained, provided the members of your family also agree to be bound by this Agreement; or
• remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the

8. Age Restriction.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

9. Geographic Restrictions.

Your access to certain Services may be restricted and may not be available to you based on your geographic location. You acknowledge that you may not be able to access all or some of the Services that are available only outside of your geographic location and that access thereto may not be legal by certain persons or in certain countries. If you access those Services that are restricted based on your geographic locations, you are responsible for compliance with local laws.

10. Use Restrictions.

Your permission to use the Website is conditioned upon the following:

• You agree that you will not under any circumstances: (i) access the Website for any reason other than your personal, non-commercial use solely as permitted by the normal functionalities of the Website; (ii) use the Website for any unlawful purpose or for the promotion of illegal activities, collect or harvest any personal data of any user of the Website; (iii) attempt to, or harass, abuse or harm another person or group, or engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability; (iv) use another user’s account without permission, intentionally allow another user to access your account, and/or provide false or inaccurate information when registering an account; (v) impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); (vi) make any automated use of the Website or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; (vii) interfere or attempt to interfere with the proper functioning of the Website, bypass any measures we take to restrict access to the Website, or use any software, technology, or device to scrape, spider, or crawl the Website or harvest or manipulate data; (viii) circumvent, disable or otherwise interfere with any security-related features of the Website or features that prevent or restrict use or copying of content, or enforce limitations on use of the Website or the content accessible via the Website, (ix) and/or publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s Device.
• You agree that you are solely responsible for your account and the activity that occurs while signed in to or while using your account.

 

11. Online Content Disclaimer.
    • We do not guarantee the accuracy, completeness, or usefulness of any information on the Website nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Website. Under no circumstances are we responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Website, or transmitted to users.
    • From time to time, we may share certain information on or through the Website. You agree that this information is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
    • Company’s Services may offer health and fitness information, which are offered solely for informational, educational and/or entertainment purposes. For Company health and fitness specific disclaimers, please see Health Information Disclaimer, which are incorporated herein by reference.
    • Company’s Services may include events, promotions, contests, sweepstakes, and other similar campaigns (collectively as “Events”). In addition to these Terms of Use, by participating in Company-hosted Events, you affirm that you have read the applicable Event terms and official rules, which are incorporated herein by reference.
    • Company’s Services may include recipes for food and meals. Please be aware that certain recipes may contain allergens such as nuts, dairy, gluten, or soy. If you have food allergies or sensitivities, exercise caution, and double-check any ingredient labels for potential allergens. If you are following a specific diet, such as vegetarian, vegan, keto, or gluten-free, make appropriate substitutions as needed. If nutritional information is provided, it is an estimate only and may not be completely accurate. Consult a healthcare professional or registered dietitian for dietary guidance. Always follow food safety guidelines when handling raw ingredients, including meats, poultry, and seafood. Ensure proper cooking temperatures to prevent foodborne illness. Always prioritize safety when working in the kitchen. Use caution when handling sharp objects, hot surfaces, and kitchen equipment. Cooking is done at your own risk. Company is not responsible for any accidents, injuries, or damage that may occur during or in connection with the cooking process or any results.
    • Though we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable when you use or access the Website or the Interactive Service. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Website or to limit or deny a user’s access to the Website or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. Messages and/or emails sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law. The Company shall have the right to:
      • Remove or refuse to post any User Content for any or no reason in our sole discretion.
      • Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
      • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
      • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
      • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
      • Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section. If you become aware of a misuse of our Website or violation of these Terms of Use, please contact us at support.apac@vesync.com.

12. Prices Terms.
    • Prices posted on this Website are merely the manufacturer’s suggested retail prices and may be different than prices offered by our affiliates and retail partners. All prices posted on the Website are subject to change without notice.
13. Shipments; Delivery; Title and Risk of Loss.
    • We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options.
    • Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We shall be excused from liabilities arising from unexpected any delays in shipments.
14. Compatibility.

You acknowledge that you have verified the compatibility of the products you are purchasing with other equipment in your home (e.g., ensuring that your heating, ventilation and air conditioning system is compatible with the Levoit Aura™  Thermostat). You are solely responsible for determining the compatibility of the products with other equipment in your home, and you accept that lack of compatibility is not a valid claim under the warranty provided with your products and does not otherwise constitute a basis for receiving a refund after the 30-day refund policy.

15. Warranty Policy.

The availability of products or services through our Website does not indicate an affiliation with or endorsement of any product, service or manufacturer. The products offered on the Website are covered by the corresponding Limited Warranty Policy.

16. Third-Party Materials.

The Website displays, includes, and makes available content from third parties (including data, information, applications, and other products, services, and/or materials) or provides links to third-party websites or services ("Third-Party Materials").

YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT RESPONSIBLE FOR THIRD-PARTY MATERIALS, INCLUDING THEIR ACCURACY, COMPLETENESS, TIMELINESS, VALIDITY, COPYRIGHT COMPLIANCE, LEGALITY, DECENCY, QUALITY, OR ANY OTHER ASPECT THEREOF. COMPANY DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY THIRD-PARTY MATERIALS. YOU ACCESS AND USE THIRD-PARTY MATERIALS ENTIRELY AT YOUR OWN RISK AND SUBJECT TO SUCH THIRD PARTIES' TERMS AND CONDITIONS.

17. Updates.

Company may from time to time in its sole discretion develop and provide Website updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionalities. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionalities. Based on your Device settings, when your Device is connected to the internet either:

• the Website will automatically download and install all available Updates; or
• you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates, and you acknowledge and agree that the Website or portions thereof may not properly operate should you fail to do so. During these Updates, the Website and/or your connected devices or their certain functionalities may become temporarily unavailable. You further agree that all Updates are deemed part of the Website and are subject to all terms and conditions of this Agreement.

18. Term and Termination.
    • The term of Agreement commences when you download the Website and will continue in effect until terminated by you or Company as set forth in this Section.
    • You may terminate this Agreement by deleting the account on the Website and all copies thereof from your Device.
    • Company may terminate this Agreement at any time without notice without cause for any reason whatsoever. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
    • Upon termination:
      • all rights granted to you under this Agreement will also terminate; and
      • you must cease all use of the Website and delete all copies of the Website from your Device.
    • Termination does not limit any of Company's rights or remedies at law or in equity. Termination does not affect any transaction you entered into with any Seller prior to the effective date of termination.
19. Disclaimer of Warranties.

 THE COMPANY MAKES NO REPRESENTATION THAT THE SITE OR ANY CONTENT, SERVICES OR FEATURES OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. YOU ASSUME TOTAL RESPONSIBILITY FOR DIRECT CONSEQUENCES OF YOUR USE OF THE WEBSITE AND ANY LINKED SITES.

20. Limitation of Liability.

EXCEPT AS MANDATED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR OTHER DAMAGES, INCLUDING LOST PROFITS.

THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE TOTAL AMOUNT OF ANY SUBSCRIPTION OR SIMILAR FEES FOR ANY SERVICES OR FEATURES OFFERED THROUGH THE WEBSITE, PROVIDED THAT, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, THE COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW SUCH EXCLUSION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

21. Indemnification.

You agree to indemnify and hold the Company, its agents, directors, shareholders, predecessors and/or successors in interest, employees, contractors, affiliates and subsidiaries harmless from any claim, loss, debt, action or expense (including attorneys' fees) made by any third party, brought against the Company as a result of or in connection with your use of the Website.

All information we collect through or in connection with the Website or the Service is subject to our Privacy Policy, which is incorporated by reference herein.

23. Force Majeure.

We are not liable or responsible, nor shall we be deemed to have defaulted or breached this Agreement, for any failure or delay in our performance under this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, hurricane, tsunami, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials, or Internet or telecommunication breakdowns or power outages.

24. Dispute Resolution and Agreement to Mediate.
    • In the event of any dispute or conflict between the Company and you arising out of this Agreement, the parties will in good faith attempt to resolve such dispute. If such a dispute is not resolved amicably within a reasonable time, either party may request mediation of such dispute in accordance with the Mediation Rules of the European Centre of Arbitration and Mediation.
    • If the dispute cannot be resolved through mediation, both parties shall be free to seek any right or remedy available to them under applicable law.
25. Assignment.

You may not assign any of your rights or delegate any of your obligations under this Agreement without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under this Agreement.

26. No Third Party Beneficiaries.

This Agreement does not and is not intended to confer any rights or remedies upon any person other than you.

27. User Consent To Receive Communications In Electronic Form.

For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. We may also use your email address to send you other messages, including information about the Website or the Service and special offers, and you may opt out of such email by changing your account settings or using the “Unsubscribe” link in the message. Opting out may prevent you from receiving messages regarding the Website, the Service or special offers.

28. Notices.
    • To You. We may provide any notice to you under this Agreement by: (i) sending a message to the email address you provide; (ii) sending letter to the address you provide; (iii) phone calls and/or (iv) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
    • To Us. To give us notice under this Agreement, you must contact us as follows: (i) by email to us at support.apac@vesync.com; and (ii) by personal delivery, overnight courier or registered or certified mail to Postal Address listed in Section 34.
29. Severability.

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

30. Governing Law.

This Agreement is governed by and construed in accordance with the internal laws of Singapore without giving effect to any choice or conflict of law provision or rule. 

31. Entire Agreement.

This Agreement constitutes the entire agreement between you and Company with respect to the Website, Services, and purchase transactions made using the Website and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Website, and Services.

32. Waiver.

No failure to exercise, and no delay in exercising, by Company, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

33. Precedence Over Other Documents.

In the event of a conflict between this Agreement and any applicable purchase order, sales acknowledgement, confirmation, or any other document issued by either party in connection with the purchase or sale of products or services using the Website, the terms of this Agreement shall govern. The foregoing sentence does not affect any terms of the applicable Seller.

34. Contact Us

This Website is operated by VESYNC (SINGAPORE) PTE. LTD., located at 6 RAFFLES QUAY,#14-06,SINGAPORE.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support.apac@vesync.com or the Help Center within the Website.