Terms of Service
Last update: December 20, 2017
Support and Questions
If you have any questions about the installation or use of the SKIIN Services or have technical difficulties, you will find FAQs on our Website at skiin.com or you may e-mail us at [email protected]
Changes to Services and Terms
We may change or discontinue, in whole or in part, the SKIIN Services at any time without notice. You acknowledge that SKIIN is not liable to you or to any third party for any such action.
Requirements for Use of the SKIIN Services
The full SKIIN experience requires the SKIIN Product, Internet access to the Mobile App and Website, and other required software (if any). Periodic updates to any of these elements may be required for improved performance, and the performance of the whole may be affected by the performance of any of these elements. You are responsible for obtaining your own Internet access and mobile device to access the SKIIN Services.
Please note that SKIIN Services are not intended to diagnose, treat, cure, or prevent any disease or medical condition. The information and guidance in the SKIIN Services are there for informational purposes only and can not replace the services of health professionals or physicians. You should always consult a physician before making any changes to your sleep or activity based on information or guidance of the SKIIN Services, or if you have any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on or through the SKIIN Services. We are not responsible for any health problems that may result from information or guidance you learn about through the SKIIN Services. If you make any change to your sleep or activity based on the SKIIN Services, you agree that you do so fully at your own risk. It is important to be sensitive to your body’s responses. For example, if you feel unexpected, repeating or long term pain, fatigue or discomfort due to having made changes to your sleep or activity, it is recommended that you consult a physician before continuing with such changes. The information and guidance in the SKIIN Services may be misleading if your physiological functions and responses differ significantly from population averages due to medical conditions or rare natural differences.
Please be cautious that the SKIIN Product you are wearing does not get caught on fixed structures or heavy objects when moving yourself or moving said heavy objects.
If you experience redness or skin irritation on your finger due to SKIIN Product, remove it immediately. If symptoms persist longer than 2-3 days of not using your SKIIN Product, please contact a dermatologist.
Corporate Contact Info
Mailing Address: 100 Ronson Drive, Etobicoke, ON M9W 1B6 Canada
Phone: +416.423.7906 (Please note calls to this number cannot reach customer service. For questions on support, orders, returns or product information, please email us [email protected] to more quickly have your needs handled).
Limited License and Ownership of the SKIIN Services
You may propose to SKIIN modifications or improvements to all or any part of the SKIIN Services. By choosing to disclose such proposal to SKIIN, you hereby grant SKIIN all title and ownership and intellectual property rights to such proposal.
Local Law and Export Control
In relation to your purchase and use of the SKIIN Services, you agree to comply with the laws of your local jurisdiction as well as with any export restrictions of the United States and certain other countries on products or information.
Third Party Services
Content and Warranty Disclaimer
EXCEPT FOR THE LIMITED WARRANTY FOR THE SKIIN PRODUCT SET FORTH BELOW, THE SKIIN SERVICES ARE PROVIDED BY SKIIN AND ITS AFFILIATES “AS IS.”
NEITHER SKIIN NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SKIIN SERVICES (INCLUDING THE SKIIN PRODUCTS), ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE SKIIN SERVICES. IN ADDITION, SKIIN AND ITS PARTNERS, SUPPLIERS AND AFFILIATES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SKIIN SERVICES (INCLUDING THE SKIIN PRODUCTS), EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, SKIIN DOES NOT WARRANT THAT USE OF THE SKIIN SERVICES WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR MOBILE APP IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.
LIMITED WARRANTY FOR THE SKIIN PRODUCT. SKIIN WARRANTS TO THE ORIGINAL END USER PURCHASER THAT THE SKIIN PRODUCT IS FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR TWO (2) YEARS FROM THE DATE OF PURCHASE. If your local law in effect at the time of purchase requires a warranty period longer than two (2) years, this warranty shall be extended to the extent required by such law. Within the warranty period, SKIIN shall repair or replace at no charge to you any components of the SKIIN Product that fail the limited warranty provided. You shall be responsible for any related transportation charges. Replacement products may be new or refurbished at our discretion. This limited warranty does not apply to (i) normal wear and tear, including scratches and dents; (ii) consumable parts included in the SKIIN Product, such as batteries, unless product damage has occurred due to a defect in materials or workmanship; (iii) damage resulting from your failure to use the SKIIN Product in accordance with the instructions accompanying the SKIIN Product or available at the Website; (iv) damage resulting from an accident, flood, fire, misuse, or abuse; (v) damage resulting from service performed, or damage resulting from tampering or alterations to the SKIIN Product, by anyone not authorized by SKIIN; or (vi) use of the SKIIN Product with any other application or software than the Mobile App.
SKIIN retains the exclusive right to repair or replace the SKIIN Product, or offer a full refund, at its sole discretion. Such remedy shall be your sole and exclusive remedy for any breach of warranty. Warranty repairs and replacements have a new warranty which is the longer of ninety (90) days or the balance of the original one year warranty.
Limitation of Liability
IN NO EVENT WILL SKIIN OR ANY OF ITS AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SKIIN SERVICES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SKIIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF SKIIN, ARISING FROM OR RELATING TO THE SKIIN SERVICES (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100. SKIIN’S AFFILIATES, PROVIDERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE WEBSITE. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations will apply to the maximum extent allowed by such applicable law.
Trademarks and Patents
SKIIN logo is a registered trademark of SKIIN. All product names are registered trademarks or trademarks of SKIIN. Other trade names or trademarks may be trade names or trademarks of third parties. You are not granted, by implication or otherwise, any license or right to use any marks appearing on SKIIN Services. One or more patents owned by SKIIN (or patents licensed from third parties) may apply to the SKIIN Products and to the features and services accessible via the SKIIN Services maintained by SKIIN.
Governing Law and Disputes
If you reside in any other country or territory, (1) the arbitration will be held in accordance with the Arbitration Rules of the International Chamber of Commerce of Finland (“ICC”) in effect at the time of the arbitration (the “ICC Arbitration Rules”); (2) the ICC shall be the appointing authority and responsible for administering any arbitration hereunder in accordance with the ICC Arbitration Rules; and (3) the place of arbitration shall be in Helsinki, Finland.
In either case, the arbitration shall be conducted by a single arbitrator who shall be a professional, legal or otherwise, but shall not be, or have previously been associated with either party (the “Arbitrator”). The arbitral award shall be final, binding and non-appealable. The Arbitrator’s award must be reasoned and issued in writing within thirty (30) days of the hearing, unless otherwise agreed to by SKIIN and you.
Notwithstanding the foregoing, in recognition of the irreparable harm that a breach by you of SKIIN’s intellectual property rights would cause, SKIIN may seek an injunction against such violation or breach in a court of competent jurisdiction.
Mailing Address: 100 Ronson Drive, Etobicoke, ON M9W 1B6 Canada
We are on a mission to help improve your quality of life, enable you to be at your best. Our products, such as the SKIIN smart clothing, enable you to learn how your lifestyle choices affect your sleep, and how the quality of your sleep affects your ability to perform.
What data do we collect?
Personal Data. Personal Data is information that may identify a particular individual (“Personal Data”). In order for us to provide the Service to you, we need to collect and use certain Personal Data about you. The Personal Data we collect may differ depending on how you use our Service.
We may collect the following Personal Data when you purchase, pre-order, or register for the Service:
- Your first and last names
- Your e-mail address, telephone number, address and other contact information
Service Data. Service Data is information that you need to input to the Service in order for us to provide the Service to you and measurement data we collect when you use our Devices. We may collect the following Service Data:
- Geographics, including you real time geographic location
- Birth date and year
- Height and weight
- Measurement data
Measurement data includes your heart rate, movement and temperature data collected via the SKIIN smart clothing, as well as any information the SKIIN smart clothing and the App calculate from such data, which include a variety of parameters for your use via the Service, such as sleep duration, sleep phases (deep, light, REM, awake), and time spent at different activity levels during the day. This information is used to gauge the quality of your sleep, level of your recovery, and the balance of your activity.
Other Data. When we provide the Service to you, we want to make the Service easy, useful and reliable. This involves collecting other information which does not identify you and we do this by utilizing:
- Google Analytics
- Server Logs
We and our service providers use server log information for purposes such as calculating site usage levels, helping diagnose problems with SKIIN’s servers and administering SKIIN’s websites. These server logs may include information such as your Internet Protocol (IP) address, host name, browser type, browser language, the date and time of your request, the time(s) of your visit(s) and the web page(s) that you visited. Collecting IP addresses is a common practice on the Internet and is done automatically by many web sites.
Special Note About Children. Our Service is not directed or suitable for children under the age of 18. We do not knowingly collect any Personal Data from children under 18. If you are the parent or guardian of a child under the age of 18 using the Service, please contact us immediately. We reserve the right to delete any account if we suspect the account holder is a child under the age of 18.
What do we do with the data we collect, and how do we disclose it?
We may use your Personal Data for the following purposes (excluding your Service Data):
- to register you to use our Service;
- to process and fulfill any purchases and/or pre-orders you may place with us;
- to deliver any purchases you make to you;
- to deliver and maintain our Service;
- to communicate with you about the Service;
- to enable us to monitor, review and improve the Service;
- for our internal records regarding the use of the Service;
- for marketing purposes (see also Direct Marketing below); and
- so that we can fulfill our obligations to you relating to the Service and to help you resolve support issues.
SKIIN uses your Service Data to the extent necessary to provide the Service to you and to help you resolve support related issues with your Service. For example, the Service may use Service Data to calculate information such as your sleep duration, sleep phases (deep, light, REM, awake), and time spent at different activity levels during the day, and use such information is used to gauge the quality of your sleep, level of your recovery, and the balance of your activity.
We may also make aggregate compilations, statistics and analyses of the Service Data – on an anonymous basis. We may use such compilations, statistics and analyses for research, scientific and commercial purposes, again, without disclosing any Personal Data that would permit identification of our customers.
In addition, all data we collect may be used and disclosed as follows:
- International transfers. Our Services may be provided using resources and servers located in various countries around the world. Therefore the data we collect (including Service Data) may be transferred across international borders outside the country where you use our Services, including to countries outside the European Economic Area (EEA), that do not have laws providing specific protection for Personal Data or that have different legal rules on data protection, for example, the United States of America. As a result, this information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to laws in those jurisdictions. When we transfer Personal Data, we take steps to help ensure that there is a legal basis for such a transfer and that adequate protection for your data is provided as required by applicable law, for example, by using standard agreements and by requiring the use of other appropriate technical and organizational information security measures.
- Mandatory or permitted uses and disclosures. We may be obligated by mandatory law to disclose the data we collect to certain authorities or other third parties, for example, to law enforcement agencies in the countries where we or third parties acting on our behalf operate. We may also use, disclose and otherwise process the data we collect in accordance with applicable law to defend our legitimate interests, for example, in civil or criminal legal proceedings or in accordance with any other consent you have provided to us.
- Corporate Transactions. We may disclose or transfer the data we collect in connection with the sale, merger, bankruptcy, sale of assets or reorganization of our company, or if any such transaction is proposed, or to transfer the data within our corporate family.
Direct marketing. At your request, we may use your contact information in any commonly used method in order to provide you with information about products, special offers and other information relating to our products or Services or which we believe may be of interest to you.
You can change your mind later on in respect of direct marketing by contacting us at any time. In addition, if you receive direct marketing from us in writing you will be reminded in that material that you are able to request a change to your preferences.
How do we keep your Personal Data safe?
In order to help keep your Personal Data and all the other information we have stored safe, we have implemented various security measures and taken reasonable steps to help prevent unauthorized access, use, alteration, destruction or disclosure of your Personal Data.
We will take precautions to help ensure that our staff and employees who have been specifically granted access to information about you have received adequate training to ensure that they process that information only in accordance with this policy and with our obligations under applicable legislation.
How to contact us to change, correct or get copies of the Personal Data we have collected?
Should you wish to review or request the correction of the Personal Data being held by us about you, you have the right to request it. Please make any requests in writing to us and we will comply with your request promptly. Please note in some cases we may not be able to allow you to access certain Personal Data in certain circumstances, for example if it contains Personal Data of other persons, or for legal reasons. We may require you to verify your identity before you can access your Personal Data.
Should you wish us to delete your Personal Data being held by us, we will do so upon your request, subject to legal and contractual obligations. In such case you understand that depending on the nature of your request, we may not be able to provide the Service to you anymore.
What should I understand about links to other companies’ websites?
Our Services may contain links to other sites that are not operated by us. These linked sites, services, and applications are not under our control and we are not responsible for the privacy practices or the content of any linked sites, services, and applications. If you provide any Personal Data through any third-party sites, services, or applications, your transaction will occur on the third party’s site, service, and/or application and the information you provide will be collected by, and controlled by, the privacy statement of that third party. We recommend you review the privacy statement of any third parties.
What else should I know about security?
The use of our Services requires an Internet connection. You are responsible for obtaining your own Internet connection, mobile and otherwise, to use our services. You should understand that your mobile phone, computer and other electronic devices are susceptible to attack from third parties. We recommend you use firewalls, store your passwords in a safe place, and create passwords for yourself that are strong. The security of your Internet connection and/or network is your responsibility and out of our control.
The name of the register we store your Personal Data in is Register for SKIIN Services.
Address: 100 Ronson Drive, Etobicoke, ON M9W 1B6 Canada
E-mail: [email protected]
You may return your fully functional, unworn, and undamaged SKIIN product for any reason within 30 days of receipt of your product for a full refund. SKIIN will happily refund the full purchase price, less costs for shipping once the items have been returned and inspected. The product must be unworn, unwashed, and in its original condition and packaging. Items with anti-perspiration marks, makeup marks, or in otherwise unsalable condition may be rejected at SKIIN’s discretion.
Due to the intimate nature and hygiene standards of underwear & bras, it is not possible to return worn items, unless they are deemed to be defective.
To return your SKIIN product, please follow these steps:
- Contact our Customer Experience team at [email protected] with the subject line “SKIIN Return” to obtain a Return Merchandise Authorization (RMA) number and the return address.
- Carefully pack the product with all accessories originally included with your purchase so that it will not be damaged during shipping. We suggest using the original packaging if possible. Any underwear or bra that has been worn should not be returned with the package, unless requested by the customer experience representative.
- Mark the RMA number clearly on the outside of the package.
- Ship the product to the address we provided.
You are responsible for and must prepay all return shipping charges. You assume all risk of loss or damage to the product while in transit to us. We recommend that you use a traceable method of shipping for your protection. If the product is damaged or product or accessories originally included in your purchase are missing, SKIIN reserves the right to either refuse the return or to charge for any damage to the product and for any missing parts.
If you are returning an item from outside of Canada, please write “Canadian origin goods, Biometric Undergarment Kit returning” as the description of the goods in the shipping on the shipping invoice. Otherwise, you will be responsible for paying Canadian custom taxes and duties.
Terms of Delivery
Canada, USA, and the European Union: DDP – Delivered Duty Paid
SKIIN is responsible for delivering the goods to the named place in the country of the buyer, and pays all costs in bringing the goods to the destination including import duties and taxes.
Outside Canada, USA, and the European Union: DAP – Delivered at Place
SKIIN pays for carriage to the named place, except for costs related to import clearance, and assumes all risks prior to the point that the goods are ready for unloading by the buyer.