Terms & Conditions
Terms & Conditions
Droplette Terms of Use
Last Updated: August 18, 2022
These Terms of Use (this “Agreement”) applies to all websites provided by Droplette Inc. (“Droplette”, “we”, “us,” or “our”), including the website hosted on the domain droplette.io (the “Site” and collectively, the “Sites”), any mobile application made available to you by Droplette (each, a “Mobile Application”), any devices (including any software integrated therein), capsules, formulas or accessories (“Products”) and all services provided by us in connection with such Sites, Mobile Applications, Products, or otherwise, to you (“User,” “Users,” “you,” or “your”), as well as functionality or services we may choose to provide through some other mechanism (collectively, the “Services”).
PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THIS AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND DROPLETTE. IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE THE SERVICES. BY ACCESSING, UPLOADING INFORMATION TO, OR OTHERWISE USING, THE SERVICES, YOU AGREE (1) TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE AT LEAST 18 YEARS OLD, (3) YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND (4) YOU ACCEPT THIS AGREEMENT.
SECTION 11 OF THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER PROVISION. IT AFFECTS HOW DISPUTES BETWEEN YOU AND DROPLETTE MAY BE RESOLVED.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY.
Droplette does not provide medical services or medical advice. You acknowledge that your reliance on any information provided by us or any other user via the Services is solely at your own risk. No doctor-patient relationship is created by use of the Services. Information you receive via the Services is not a substitute for a formal diagnosis or physical examination and should not be used to treat a medical condition. Do not ignore or delay obtaining professional medical advice because of information you obtain through the Services.
Modification. We reserve the right to change, modify, add, or remove portions of this Agreement (each, an “Update”) at any time and in our sole discretion upon notice to you, and such Updates will be effective immediately. If we make Updates to this Agreement, we will change the “Last Updated” date above, which shall constitute notice to you. Your continued use of the Services is deemed to confirm your acceptance of the Update(s). We encourage you to frequently review this Agreement to ensure you understand the latest terms and conditions associated with use of the Services. If you do not agree to any Update, you must discontinue using the Services.
1 SERVICES.
1.1. Products and Membership. Through the Services, you may subscribe to a membership plan under which Droplette will provide you with particular Products on particular schedule, as selected by you through the Services, solely for your personal, non-commercial use, in each case subject to your compliance with this Agreement and your payment of all applicable Fees (as defined below) (“Membership”). From time to time, Droplette may also permit the purchase of Products directly from Droplette (without a Membership) or from certain approved resale partners. Certain products may be offered on an installment payment plan (each, an “Installment Plan”); the additional terms and conditions applicable to any Installment Plan shall be as described through the Services or our Sites or Mobile Application at the time of purchase. Droplette will use reasonable efforts to contact you via the e-mail address associated with your Membership if any problems arise with a delivery or any payment or information associated with your Membership. Droplette reserves the right to cancel or suspend any order if it cannot resolve any such problem with your Membership.
1.2. Membership Renewals, Pauses, and Cancellations. YOU ACKNOWLEDGE AND AGREE THAT EACH MEMBERSHIP AUTOMATICALLY RENEWS INDEFINITELY, AND YOU WILL BE CHARGED THE APPLICABLE FEES, UNLESS YOU CANCEL IT, OR WE SUSPEND, OR TERMINATE IT IN ACCORDANCE WITH THIS AGREEMENT. A RETURN OF PRODUCTS DOES NOT CANCEL YOUR MEMBERSHIP: THE ONLY WAY TO CANCEL YOUR MEMBERSHIP IS THROUGH THE CANCELLATION FUNCTION MADE AVAILABLE THROUGH THE SERVICES AND/OR AS SET FORTH HEREIN. Once you have subscribed to a Membership, you hereby agree to pay for all such charges unless and until you cancel such Membership, Droplette terminates or suspends such Membership, or you Pause (as defined below) such Membership. After you select your membership, Droplette will ship you Products and will bill you using your provided payment information for all applicable Products (including any add-on Products you select for particular deliveries), any applicable shipping costs and applicable taxes on a reoccurring basis until your Membership is terminated. Droplette may make available to you the ability to temporarily pause deliveries under your Membership through the Services (a “Pause”). During a Pause, your Membership remains active, but regular Product deliveries will not occur (and therefore you will not be billed the Fees associated with such undelivered Products). Payments due under any Installment Plan may not be paused or tolled for any reason, even during a Pause. You may cancel your Membership at any time through the Services or by contacting customer service at (617) 206-1736 or customercare@droplette.io (“Cancellation”), but Cancellation must occur at least two full business days prior to the scheduled shipment date of your next delivery of Products in order to avoid being charged Fees for such shipment. There are no cancellation fees. Canceling your Membership does not provide you a refund for payments already processed, nor does it stop a pending charge if the shipment has already been processed. If you elect a Cancellation or a Pause of your Membership, any unpaid remaining balances for purchased Products (including any payments that have yet to be made in full under any Installment Plan) will become due immediately and will be billed to your provided payment information.
1.3. Promotions and Modifications. To the extent Droplette makes Memberships available on a promotional basis through the Services, eligibility, specific rules about such Memberships, combinations of such Memberships with other offers, rules about “add on” Products or additional services, and other terms and conditions relating thereto shall be as set forth in the Services from time to time, and are subject to change. Droplette reserves the right, in its absolute discretion, to withdraw or modify any Product, Membership, offering, or promotion at any time without prior notice and with no liability. Any and all Products, Memberships, offers, or promotions advertised on the Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.
1.4. Return of Products. From time to time, in its discretion, Droplette may offer the ability for members to return Products in the absence of a claim under the Limited Warranty (as defined below). In such cases, the Additional Terms set forth in the Services with respect to any such return shall apply, and Droplette reserves the right, in its absolute discretion, to withdraw or modify any such ability at any time.
1.5. Cosmetic Care Only. Droplette is not a medical provider and the Products are not medical devices or medications. You acknowledge and agree that we are not a healthcare provider and you are not entering into a doctor-patient or other health care provider-patient relationship with us.
1.6. Eligibility and Prerequisites. You are not eligible to use the Services if you are under eighteen (18) years of age. You hereby represent and covenant to us that you satisfy this eligibility requirement, you will comply with all applicable laws in visiting, accessing, registering, or using the Services, and you will only use the Services for lawful purposes. You may be required to establish an account through the Services in order to use any Product, and you acknowledge and agree that certain prerequisites may be required (such as having access to a mobile device with a Bluetooth connection) in order to make use of some aspects of the Services.
1.7. Third Party Components. The Services may leverage third party services (“Third Party Components”). Droplette has no responsibility or liability for any act, omission, or occurrence that is at all associated with any Third Party Component, and your use of any Third Party Component shall be subject to the terms and conditions applicable thereto.
1.8. Fees. Droplette may charge fees in connection with your use of the Services (“Fees”), which shall be due and payable in such amounts and at such times as are described in the Services from time to time. Droplette may use a third party payment service to process your payment of Fees. By submitting your payment account information, you grant us the right to store and process your information with the third party payment service and agree that we will not be responsible for any failures of the third party to adequately protect such information. The processing of payments will be subject to the terms, conditions, and privacy policies of such third party payment service in addition to this Agreement.
1.9 Payments, Ordering and Availability. When you make a purchase through the Services, you will provide your payment details and any additional information required to complete your order directly to our third-party payment processor. Online transactions are subject to validation checks by our payment processor and your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our payment processor may use various fraud prevention protocols and verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. We reserve the right, at our sole discretion, to not process or to cancel any orders placed for a Product whose price was incorrectly posted on the Site as a result of an error. If this occurs, we will notify you by email. The Services may contain information regarding the availability of Products. In rare cases, a Product may be in stock when you place the order, and sold out by the time we attempt to process the order. In such event, we will cancel the item from your order and notify you by email. We also may offer some Products for sale before they have been manufactured or arrive at our warehouse. When you preorder these Products, we will ship them out once they are available. In rare cases, these items may not become available for shipping. In such event, we will cancel the item from your order and notify you by email.
1.10. No Insurance. We do not accept insurance. Therefore, you are personally responsible for all financial obligations you may incur through your use of the Services, including any payments for Products.
1.11. Certain Restrictions. All Products and Memberships are for your personal use only, and you are not permitted to resell or otherwise use Products or Memberships for or on behalf of any third party, or for any commercial or business purpose. Memberships are personal and non-transferable. Membership pricing is subject to change on a go-forward basis by Droplette at any time upon written notice to you. You shall not (i) impersonate any person or entity, or use or provide any fraudulent, misleading, or inaccurate information; (ii) harass or threaten any person; (iii) access or use another user’s account without permission, or solicit another user’s login information; (iv) “frame” or “mirror” any portion of the Services; (v) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine”, scrape, or in any way reproduce or circumvent any aspect of the Services; (vi) harvest or collect information about other users of the Services; or (vii) use the Services on behalf or for the benefit of any third party.
1.11. Restrictions on Certain Uses. Droplette Products are designed to operate solely when used in connection with other Droplette Products, and not with any third-party or custom formulas, modifications, capsules, or other inputs. For example and without limitation, the Device (as defined below) is made to operate only with Droplette capsules and Droplette formulas. You shall carefully read all information and use Droplette Products in accordance with all instructions provided prior to using such products. You shall not use any Product with any third-party or custom formula, modification, capsule, or other input. You shall not reverse engineer, disassemble, dismantle, “tear down”, modify, or customize any Product or any aspect of the Services.
1.12. Additional Terms. You agree that Droplette may require that you comply with additional terms and conditions with respect to specific Products or orders or your use of any of the Services, in each case that Droplette makes available to you through the Services (the “Additional Terms”). Such Additional Terms are made part of this Agreement by reference and if there is a conflict between this Agreement and the Additional Terms, the Additional Terms shall control.
2 USER CONTENT
2.1. Privacy Policy. Our Privacy Policy (“Privacy Policy”) describes our collection, use, and disclosure of data and information in connection with the Services as well as rights you may be entitled to under state laws. We may update our Privacy Policy from time to time, in accordance with its terms. Our Privacy Policy is incorporated into this Agreement, and by using the Services you agree to the collection, use, and disclosure practices in our Privacy Policy.
2.2. User Content. You may provide to Droplette or to other users of the Services information about yourself in connection with your use of the Services and/or text, graphics, images, video, audio, or other data supplied by you (collectively, the “User Content”). You acknowledge and agree that you provide User Content with full understanding of (i) our rights to use such information under this Agreement; (ii) the fact that we do not control other users. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You understand that Droplette does not guarantee any confidentiality with respect to User Content.
2.3. Responsibility. You are solely responsible for your User Content and you represent and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and this Agreement; and (ii) you have the express consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Services and this Agreement.
2.4. Restrictions and Disclaimers. You agree that you will not: (i) submit material that is copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We do not permit copyright infringing activities and infringement of intellectual property rights in connection with the Services, and we will remove all Content and User Content if properly notified that such Content or User Content infringes on another’s intellectual property rights. We may remove any Content and User Content without prior notice. We also reserve the right to decide whether Content or User Content is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Content and/or terminate your access for uploading such material in violation of this Agreement at any time, without prior notice and at our sole discretion. We are under no obligation to screen or monitor any content, but we may review the content from time to time at our sole discretion.
2.5. Use of Information. You hereby grant to Droplette a perpetual, irrevocable, royalty-free, worldwide right and license to copy, display, make derivative works of, and otherwise use your User Content to provide the Service and to develop or improve any Droplette product or service, including without limitation for promoting and redistribution part or all of the Services (and derivative works thereof) in any media formats and through any media channels and sharing the User Content with social media platforms (i.e., posting User Content to Twitter or Facebook if enabled in your account’s sharing settings). Droplette has the right to use for any purpose (other than sale to a third party) any aggregated, anonymized information that it derives from the combination of your User Content with the information from other users (provided that, for clarity, such information cannot be used to identify any User and cannot be connected to any User).
3 MOBILE MESSAGE SERVICE
3.1 The Droplette mobile message service (the "Messaging Service") is operated by or on behalf of Droplette. Your use of the Messaging Service constitutes your agreement to the terms and conditions describing the Messaging Service and to this Agreement as applied to the Messaging Service.
3.2 By consenting to Droplette’s Messaging service, you agree to receive recurring messages (including in SMS, text, and other formats) with service-related and promotional messages, including updates, alerts, and information (e.g., order updates, account alerts, etc.) and promotions, specials, and other marketing offers (e.g., cart reminders) from or on behalf of Droplette via messages through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list or similar list. Messages may be sent using an automatic telephone dialing system or other technology.
3.3 You understand that you do not have to sign up for the Messaging Service in order to make any purchases, and your consent is not a condition of any purchase with Droplette. Your participation in this program is completely voluntary.
3.4 We do not charge for the Messaging Service, but you are responsible for all charges and fees associated with messaging imposed by your wireless provider or any other third party. Message frequency varies. Standard message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to the Messaging Service, including charges from your wireless provider.
3.5 The Messaging Service is offered for US phone numbers only. You may opt out of the Messaging Service at any time by texting the single keyword command STOP to +1 (855) 732-0542 or such successor number as we may make available to you from time to time. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your opted-out phone number, unless initiated by you. If you have subscribed to other Droplette mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (855) 732-0542 or email hello@droplette.io.
3.6 We may change any short code or telephone number we use to operate the Messaging Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
3.7 Neither we nor any wireless carrier shall be liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
3.8 To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Messaging Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Messaging Service
4 OWNERSHIP; PROPRIETARY RIGHTS.
4.1. Materials. The Services are owned and operated by Droplette. All content and all other elements (whether written or otherwise) of the Services (collectively, the “Materials”), as well as their selection and arrangement, and all intellectual property and other rights relating to Materials, are the property of Droplette. You agree not to directly or indirectly sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
4.2. Feedback. You may provide feedback, ideas and suggestions to Droplette (collectively, “Suggestions”). If you provide any Suggestions, you agree that: (i) your Suggestion(s) become our property and you are not owed any compensation in exchange; (ii) none of the Suggestion(s) contain confidential or proprietary information of any third party; (iii) we may use or redistribute Suggestion(s) for any purpose and in any way; (iv) there is no obligation for us to review your Suggestion(s); and (v) we have no obligation to keep any Suggestions confidential.
5 SUSPENSION; TERMINATION. You agree that Droplette may suspend or terminate your use of any of the Services or any portion thereof at any time, for any or no reason, and you agree that Droplette will not be liable to you or any third party for any such suspension or termination.
6 PRODUCT WARRANTY
6.1. Limited Warranty. Droplette warrants that the Droplette MicroInfuser Device (the “Device”) will be free from material defects in materials or workmanship for a period of two (2) years from the date you order the Device (“Warranty Period”; such warranty, the “Limited Warranty”). If the Device that you own is found to be defective in a manner that violates the Limited Warranty during the Warranty Period, Droplette will replace it with a new or refurbished one, at no additional charge, provided that (i) you maintain an account with Droplette so that we may ascertain your information about your purchase and/or your Device; (ii) maintain a valid payment method on file; (iii) (iv) have used the Device strictly as permitted by this Agreement; (iv) provide notice of the defect to support@droplette.io and follow Droplette’s instructions regarding the return of the Device to Droplette, in each case during the Warranty Period; and (v) Droplette is able to verify that the Device is defective in a manner that violates the Limited Warranty. Any Limited Warranty Replacement Device shall be warranted under the original Warranty Period for the remainder of that period or for thirty (30) days, whichever is longer, or for any period as required by applicable law.
6.2. Limitations on Coverage. This Limited Warranty does not cover: (i) lost Devices; (ii) damage or failure through misuse or malfunction, normal wear and tear, improper or negligent use, improper or abnormal use, or any use contrary to this Agreement or to instructions provided by Droplette; (iii) damage or failure due to accident, acts of God, unauthorized use, abuse, neglect, theft, unusual atmospheric conditions; (iv) cosmetic damage; (v) any modification to the Device; or (vi) any alteration of the factory model name and/or serial number. The Limited Warranty is non-transferable. Droplette reserves the right to charge you a fee for any unreturned device, even if you cancel your Membership or remove your payment method.
6.3. DISCLAIMERS. THE LIMITED WARRANTY IS OFFERED STRICTLY WITH RESPECT TO THE DEVICE, IS THE EXCLUSIVE WARRANTY GIVEN BY DROPLETTE AND SUPERSEDES ANY PRIOR, CONTRARY OR ADDITIONAL REPRESENTATIONS. OTHERWISE, ALL OF THE SERVICES ARE MADE AVAILABLE “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. DROPLETTE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, OR ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR OBTAIN ANY PARTICULAR RESULTS. DROPLETTE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS EXCLUSION APPLIES EVEN IF THIS WARRANTY FAILS OF ITS ESSENTIAL PURPOSES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DROPLETTE OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE MAY OFFER NEW “BETA” FEATURES OR FUNCTIONALITY, WHICH YOU MAY VOLUNTARILY CHOOSE TO USE. SUCH FEATURES OR FUNCTIONALITY ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND AND MAY BE MODIFIED OR DISCONTINUED AT ANY TIME AT OUR SOLE DISCRETION. THE PROVISIONS OF THIS SECTION 6.3 APPLY WITH FULL FORCE TO SUCH FEATURES OR FUNCTIONALITY. YOU ACKNOWLEDGE THAT THE INFORMATION PROVIDED THROUGH THE SERVICES (INCLUDING DURING ANY VIRTUAL SKINCARE CONSULTATIONS THAT YOU HAVE WITH AN ESTHETICIAN THROUGH THE SERVICES) IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY. NONE OF THE INFORMATION PROVIDED THROUGH THE SERVICES IS INTENDED AS MEDICAL ADVICE OF ANY KIND AND SHOULD NOT BE REGARDED AS A REPLACEMENT OR SUBSTITUTE FOR PROFESSIONAL ADVICE PROVIDED BY A PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER. THE USE OR RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.
7 INDEMNIFICATION. You agree to indemnify, defend, and hold Droplette (and its affiliated companies, contractors, employees, director, officers, and agents) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party arising out of or related to (i) your use or misuse of the Services generally; (ii) any violation of the rights of any other person or entity by you; and (iii) any breach or violation by you of this Agreement. Droplette reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
8 LIMITATION OF LIABILITY AND DAMAGES.
8.1. Limitation. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL DROPLETTE (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, EVEN IF DROPLETTE OR A DROPLETTE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 8 WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL DROPLETTE (OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, DIRECTORS, OFFICERS, OR AGENTS’) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY OR OTHERWISE) EXCEED THE GREATER OF (I) THE FEES PAID BY YOU TO US UNDER THIS AGREEMENT DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY AND (II) ONE HUNDRED U.S. DOLLARS ($100).
8.2. Exceptions. APPLICABLE LAW IN YOUR STATE MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT DROPLETTE’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR STATE.
9 RELEASE. You hereby release and forever discharge us (and our directors, officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to: (i) any interactions with, or act or omission of the Services; or (ii) any Third Party Component. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
10 BENEFIT OF THE BARGAIN. YOU ACKNOWLEDGE AND AGREE THAT DROPLETTE HAS OFFERED THE SERVICES ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS, THE LIMITATIONS OF LIABILITY, AND THE RELEASE SET FORTH ABOVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS, THE LIMITATIONS OF LIABILITY AND THE RELEASE SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND DROPLETTE, AND THAT THE FOREGOING FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND DROPLETTE. DROPLETTE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THE FOREGOING.
11 DISPUTES.
11.1. Applicable Law. This Agreement, and any dispute between you and us, shall be governed by the laws of the Commonwealth of Massachusetts without regard to principles of conflicts of law that would result in the application of the law of any other jurisdiction, except that the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions set forth below. Unless you and we agree otherwise, in the event that Section 11 is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state court located in Boston, MA or a federal court located in Boston, MA, except that you or we are permitted (i) to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure; (ii) to bring claims for injunctive relief in any court having jurisdiction over the parties; or (iii) to seek enforcement of a judgment in any court having jurisdiction over the parties. To the extent permitted by law, you and we agree to waive trial by jury in any court proceeding.
11.2. Arbitration. Except for items (i)-(iii) set forth in Section 11.1, you agree that all disputes between you and us (whether or not such dispute involves a third party) arising out of or relating to this Agreement, the Services and/or our Privacy Policy shall be finally resolved by arbitration conducted in the English language in Boston, MA, U.S.A. under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and you and we hereby expressly waive trial by jury. You and we shall appoint one arbitrator mutually agreed upon by you and us or, if you and we cannot agree within thirty (30) days of either party’s request for arbitration, such arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, application may be made to any court for a judicial acceptance of the award or order of enforcement. Under no circumstances shall the arbitrator be authorized to award damages, remedies or awards that conflict with this Agreement.
11.3. No Class Action. Any claims brought by you or us must be brought in that party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither you nor us will participate in a class action or class-wide arbitration for any claims covered by this Agreement. You hereby waive any and all rights to bring any claims related to this Agreement and/or our Privacy Policy as a plaintiff or class member in any purported class or representative proceeding. You may bring claims only on your own behalf. To the extent either party is permitted by law or court of law to proceed with a class or representative action against the other, the parties hereby agree that: (i) the prevailing party shall not be entitled to recover attorneys’ fees or costs associated with pursuing the class or representative action (not withstanding any other provision in this agreement); and (ii) the party who initiates or participates as a member of the class will not submit a claim or otherwise participate in any recovery secured through the class or representative action.
11.4. Changes to Arbitration Procedures. Notwithstanding any provision in this Agreement to the contrary, you and we agree that if we make any change to the arbitration procedures (other than a change to any notice address or link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. Moreover, if we seek to remove the arbitration procedures from this Agreement, such removal shall not be effective until thirty (30) days after the version of this Agreement not containing the arbitration procedures is posted to the Site, and shall not be effective as to any claim that was filed in a legal proceeding against us prior to the effective date of removal. This agreement to arbitrate will survive the termination of your relationship with us.
12 COPYRIGHT INFRINGEMENT. If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our designated Copyright Agent to receive notifications of claimed infringement and other notices relating to User Content and/or violation of this Agreement (e.g., violations of criminal laws) is: Chief Financial Officer, Droplette, Inc., 110 Chauncy Street, Boston, MA 02111. Only DMCA notices and notices relating to complaints in connection with User Content or violations of this Agreement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be addressed to support@droplette.io.
13 MISCELLANEOUS.
13.1. Severability, Waiver. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
13.2. Notices. Droplette may provide you with notices, including those regarding changes to this Agreement, by email, app push notification, regular mail, or postings provided through the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically shall be deemed to satisfy any legal communication requirements to the extent permitted under applicable law. You must provide notice to Droplette by email at or regular mail at 41 Winter Street, Boston, MA 02108.
13.3. Assignment. This Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you. Droplette may at any time, for any reason and without restriction, transfer or assign this Agreement and the obligations contained in this Agreement to a third party. You hereby acknowledge and agree that if another company acquires Droplette or substantially all of our assets (by sale, merger, or otherwise), that transaction may include a sale or transfer of your User Content and you agree to such transfer without further action or confirmation.
13.4. Survival. Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification, as well as any other provisions which by their nature are intended to survive expiration or termination of this Agreement, do and hereby survive any expiration or termination of this Agreement or any termination of your use of access to the Services.
13.5. United States Only. Droplette controls and operates the Services and sells Products in the United States. We provide the Services and Products only for persons located in the United States. We make no representation that the Services or Products are appropriate or available for use outside of the United States. If you choose to access the Services from, or use the Products outside the United States, you do so at your own risk. Any customer service commitments, warranties, and return policies are void with respect to any Product or Service accessed or used outside of the United States.
13.6. Headings; Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof. The word “including” means “including without limitation”. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both you and Droplette, or by a change to this Agreement.
13.7. Claims. YOU AND DROPLETTE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY OF THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Droplette Referral Program Terms
Last Revised: August 15, 2022
To participate in our Referral Program (“Program”), you must own a Droplette device and have an active subscription. You can receive a personal link at URL (“Referral Page”) to use to recommend the Droplette (“Referral Link”) to your personal contacts. Each purchase of a Droplette made through your Referral Link by an individual who has not previously purchased the device will be deemed an “Eligible Referral.” Only a sale made using your Referral Link by an individual who has never purchased the Droplette that is not cancelled or returned will be considered an Eligible Referral for purposes of the Program. PLEASE NOTE THAT WHEN SHARING YOUR REFERRAL LINK, YOU SHOULD INCLUDE A STATEMENT THAT YOU ARE ELIGIBLE TO RECEIVE A REWARD FROM US IF YOUR CONTACT PURCHASES A DROPLETTE USING YOUR REFERRAL LINK. You should only invite your personal contacts who you think would want to receive a referral – no spamming! IN ADDITION, YOU SHOULD ONLY INCLUDE TRUE AND ACCURATE INFORMATION ABOUT DROPLETTE AND DROPLETTE PRODUCTS AND SERVICES IN YOUR COMMUNICATIONS ABOUT THE PROGRAM. We reserve the right to exclude any individual from the Program, disqualify them from participating in future referral programs or other promotions, or cause the forfeiture of any reward if they violate these requirements. We may provide various tools to help you refer your friends, however, you will remain responsible for all of your activity in connection with your use of the Service and in connection with the Program. Any attempt to use multiple names, email accounts, or other tactics to gain Eligible Referrals may result in the disqualification from the Program.
The reward(s) offered as part of the Program, and the reward details, may change from time or time, in our sole discretion. The current reward(s) will be posted on the Referral Page. Any limitation on the number of rewards you can receive (if any) will be stated on the Referral Page. Your subscription must be active and in good standing at the time the reward is provided. The reward you are eligible to receive will be the reward being offered at that time. If you have cancelled your subscription prior to issuance of a reward, any pending rewards will be forfeited. Self-referrals are not eligible for reward. Rewards are provided “as is” with no warranty or guarantee, either express or implied. You may not substitute, assign or transfer a reward or redeem a reward for cash (if a non-cash reward), but we reserve the right, at our sole discretion, to substitute a reward with one of comparable or greater value. You are responsible for federal, state and local taxes as well as all costs and expenses associated with reward acceptance and use not specified herein as being provided. If the total value of all rewards received by you in a calendar year is $600 or higher, you will be asked to complete a W-9 form and will receive a 1099 for the value of the rewards for the year in which they were provided. All reward details are at Sponsor’s sole discretion.
We reserve the right to modify or discontinue the Program (or any part thereof) either temporarily or permanently, with or without notice at any time and in any way, including, but not limited to, changing or limiting rewards, revising these Referral Program Terms, the Droplette Terms & Conditions, or the website. Any changes to these Referral Program Terms will be effective immediately upon the posting of the revised Referral Program Terms, and we will indicate at the top of this page the date these terms were last revised. Your continued participation in the Program constitutes your agreement to any revised version of these Referral Program Terms. We will not be liable to you in the event of any modification, suspension or discontinuance of the Program. We reserve the right to terminate participation in the Program at any time and for any reason or to cancel, revoke, or otherwise prevent the issuance of Rewards in any suspected case of fraudulent use or misuse of the Program. By participating, you agree to be bound by our decisions, which shall be final and binding in all matters relating to the Program. Program is void where prohibited and subject to all applicable federal, state and local laws. Participation in the Program constitutes your acceptance of these Referral Program Terms and the Droplette Terms & Conditions and Privacy Policy (incorporated herein by reference).