23 Sep 2026

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN MANDATORY BINDING ARBITRATION PROVISIONS AND CLASS ACTION WAIVERS THAT SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. YOU MAY OPT OUT OF ARBITRATION WITHIN THIRTY (30) DAYS OF FIRST ACCEPTING THESE TERMS AS DESCRIBED IN SECTION 29.

These Terms and Conditions (the "Terms" or this "Agreement") form a binding agreement between you ("Customer," "you," or "your") and WearBean Inc. ("WearBean," the "Company," "we," "us," or "our"), governing your access to and use of: our website(s) located at https://www.beanwatch.com (the "Site" or "Website"); our product(s), including the Bean Watch and related accessories (the "Product"); our mobile and/or desktop applications (the "App"); and all related services, features, content, software, subscriptions, support, and updates (collectively, with the Site, the "Services").

By accessing the Site, creating an account, purchasing or using the Product, downloading or using the App, clicking "I Agree," or otherwise indicating acceptance, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree with any provision of this Agreement, you must not use the Site or purchase, download, install, activate, or use the Product, App, or Services.

1. DEFINITIONS

"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with a party.

"Applicable Law" means all statutes, regulations, ordinances, rules, and case law applicable to the parties, including consumer protection, product safety, intellectual property, privacy, export control, and healthcare-related laws.

"Company Parties" means the Company, its Affiliates, and their respective owners, officers, directors, employees, agents, contractors, successors, and licensors.

"Documentation" means any manuals, help articles, FAQs, videos, emails, and other supporting materials we provide or make available relating to the Site, Product, App, or Services.

"Effective Date" means the date you first accept these Terms.

"Fees" means all fees, taxes, and charges presented at checkout for Paid Services.

"Force Majeure Event" means events beyond a party's reasonable control, including acts of God, natural disasters, fire, flood, earthquakes, pandemics, epidemics, war, terrorism, civil unrest, labor disputes, governmental actions, regulatory changes, supply chain disruptions, component shortages, transportation delays, power outages, internet service failures, cybersecurity incidents, or failures of third-party service providers.

"Free Subscription" means any non-renewable, free subscription to the base version of the App ("Base App") or equivalent offering, if provided.

"Future Add-Ons" means additional features, modules, content, analytics, integrations, AI capabilities, or other services we may introduce from time to time.

"Order" means any purchase request for Products or Services that we accept in accordance with Section 11.

"Paid Services" means any paid Products, subscriptions, pre-orders, Future Add-Ons, or other paid offerings.

"Pre-Order" means a purchase of a Product scheduled for future production or release.

"Product Modification" means any change, improvement, addition, deletion, redesign, enhancement, or removal of any component of the Product, including hardware, firmware, software, features, specifications, packaging, marketing materials, Documentation, or related services.

"Reservation" means a commitment to secure priority access and related benefits for a Product, typically made by paying a deposit.

"Software" means all software, firmware, applications, APIs, code, and related documentation that operate on or with the Product or Services.

"Third-Party Services" means third-party services, applications, hardware, platforms, or content that the Services may integrate with or link to.

"User Content" means any data, text, images, audio, video, health or activity data, profile information, reviews, or other materials submitted, uploaded, posted, transmitted, or otherwise provided by you through the Product, App, or Services.

2. ACCEPTANCE OF THESE TERMS

2.1 Scope. These Terms apply to all access to and use of the Site, Product, App, and Services, and to all Orders placed with us.

2.2 Additional Terms. Additional terms may apply to specific features or offers (such as promotions, contests, gift cards, or subscription plans) and are incorporated by reference. If an additional term conflicts with these Terms, the additional term controls for that specific feature or offer.

2.3 Changes to These Terms. We may update or modify these Terms at any time. Material changes will be posted on the Site with an updated "Last Updated" date, and, where required by Applicable Law, we will notify you in advance of the change taking effect. It is your responsibility to review these Terms periodically. Changes apply to purchases and continued use after the effective date of the change. Your continued use of the Services after changes take effect constitutes acceptance of the amended Terms. Archived prior versions are available on request.

3. ELIGIBILITY

3.1 Age. You must be at least 18 years of age, or the minimum age required by the laws of your jurisdiction, whichever is higher. If you are under the age of majority in your jurisdiction, you may use the Services only with the consent and active supervision of a parent or legal guardian, who agrees to be bound by these Terms and assumes full responsibility and liability for all activity conducted under the account. We reserve the right to request proof of age or parental consent at any time and to suspend or terminate access if such proof is not provided.

3.2 Capacity. You represent and warrant that you have the legal capacity to enter into a binding contract and that you are not located in a jurisdiction where use of the Services is prohibited by Applicable Law.

4. ACCOUNTS AND SECURITY

4.1 Account Registration. Certain features of the Services may require account registration. You agree to provide accurate, complete, and current information at all times and to promptly update such information if it changes.

4.2 Account Security. You are solely responsible for maintaining the confidentiality and security of your login credentials and for all activity that occurs under your account, whether or not authorized by you. You agree to notify us immediately of any suspected or actual unauthorized access, security breach, or misuse of your account. We are not liable for any loss or damage arising from your failure to safeguard your credentials.

4.3 Suspension of Accounts. We reserve the right, in our sole discretion and without prior notice, to suspend, restrict, or terminate any account that we believe may be involved in fraud, abuse, unlawful conduct, misbehave, chargeback manipulation, misrepresentation, or violation of these Terms or Applicable Law.

5. USER CONDUCT

You agree to use the Services honestly, lawfully, and in good faith. You may not submit, post, transmit, or otherwise provide information that you know to be false, misleading, deceptive, or fraudulent. You agree to respect the rights, privacy, and dignity of others and not to threaten, harass, defame, abuse, intimidate, or engage in conduct that is unlawful, tortious, obscene, or otherwise harmful.

You may not interfere with, disrupt, or attempt to gain unauthorized access to the Services or any related systems, networks, or data. This includes bypassing or attempting to bypass security measures, probing vulnerabilities, reverse engineering any portion of the Services, extracting underlying source code or proprietary information, using automated tools to scrape or crawl the platform, or otherwise attempting to compromise the integrity or functionality of the Services.

6. PRIVACY AND CONSENT TO USE OF DATA

6.1 Privacy Policy. Your use of the Services is subject to our Privacy Policy at https://www.beanwatch.com/privacy, which is incorporated into these Terms by reference. By using the Services, you acknowledge and agree that your use is governed by these Terms and our Privacy Policy.

6.2 Technical and Usage Data. You agree that we may collect technical, diagnostic, and usage data (such as device, firmware, settings, and performance information) to provide the Services, deliver updates, prevent fraud, and improve our products.

6.3 Health-Related Data. Health-related data is used only as described in our Privacy Policy and is not sold or used for advertising.

6.4 Aggregated Data. We may use aggregated or de-identified data for research, analytics, and product development.

6.5 Transmission Security. You acknowledge that internet and wireless transmissions are never completely private or secure, and that information you send may be intercepted by others despite our safeguards.

7. ACCESS TO AND USE OF THE SERVICES

7.1 License Grant. Subject to your strict compliance with these Terms and all Applicable Laws, and subject to your purchase of the Product and any applicable subscription, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site, App, Software, and Services solely for your own lawful, personal, and non-commercial use in connection with the Product. This license does not grant you any ownership rights in the Services or any underlying intellectual property. All rights not expressly granted herein are reserved by the Company and its licensors.

7.2 Service Modifications. We reserve the right, at any time and in our sole discretion, to modify, enhance, update, suspend, discontinue, limit, or restrict access to any part of the Services, including features, functionality, content, integrations, or availability, with or without notice. Such actions may be taken for maintenance, security, operational improvements, legal compliance, risk mitigation, or any other legitimate business purpose. We will not be liable if all or any part of the Services is unavailable at any time.

7.3 System Availability and Maintenance. The Services may be unavailable from time to time due to scheduled maintenance, upgrades, security measures, system failures, third-party service interruptions, or other unforeseen circumstances. We do not guarantee uninterrupted or error-free access to the Services and shall not be liable for any temporary or permanent unavailability, data loss, or inability to access User Content resulting from maintenance, outages, or technical issues. We are not liable for loss or inconvenience arising from downtime, discontinuation, or modifications, to the maximum extent permitted by law.

7.4 Updates. The App, Software, firmware, and related components may update automatically from time to time without prior notice. These updates may add, modify, restrict, or remove features or functionality and may be required for continued use of the Product or Services. By using the Services, you consent to the installation and implementation of such updates and acknowledge that failure to accept updates may result in reduced functionality or inability to use certain features.

8. PRODUCT INFORMATION AND DESCRIPTIONS

8.1 Descriptions and Variations. We make reasonable efforts to ensure that Product descriptions, specifications, images, demonstrations, and marketing materials are accurate and current. However, actual Products may vary due to manufacturing tolerances, supply chain adjustments, device display differences, firmware revisions, regional variations, or Product Modifications. Colors, finishes, materials, dimensions, user interfaces, features, and performance characteristics may differ slightly from depictions or descriptions. Such variations do not constitute defects or misrepresentation and shall not give rise to claims solely based on aesthetic or minor functional differences. The Company assumes no liability for any discrepancies or misunderstandings resulting from such variations.

8.2 Outdated Information. Product information on the Site may become out of date; we do not guarantee that every page reflects the latest specifications and we are not obligated to update all materials.

8.3 Geographic Restrictions. Products and features are not available in all locations. Offers are void where prohibited by law. You are responsible for confirming that the Product is lawful to purchase, import, and use in your jurisdiction.

9. PRODUCT DEVELOPMENT AND CHANGE WAIVER

9.1 Scope of Modifications. You acknowledge and agree that the Product and Services are subject to ongoing research, development, refinement, regulatory considerations, supply chain constraints, technological improvements, and business decisions. Accordingly, the Company expressly reserves the right, at any time and in its sole discretion, to make Product Modifications to any aspect of the Product or Services, whether such modification occurs (i) before you place any Order or Pre-Order; (ii) after you have placed an Order or Pre-Order but prior to delivery; or (iii) at any time thereafter.

Product Modifications may include, without limitation, changes to hardware components, materials, firmware, software, user interface, sensors, algorithms, feature sets, performance characteristics, packaging, Documentation, subscription structures, integrations, compatibility, or availability of certain Services or features. Such modifications may be made to improve functionality, address security or regulatory concerns, respond to component availability, enhance user experience, or for other legitimate business purposes.

9.2 Waiver of Claims Relating to Modifications. To the fullest extent permitted by Applicable Law, you agree that Product Modifications do not constitute a breach of contract, misrepresentation, or failure to deliver, and you forever waive, release, and relinquish any right to: (a) initiate any action or claim regarding the functionality, modification, or termination of any Product Modification; or (b) assert breach of any express or implied warranty, including the implied warranties of merchantability or fitness for a particular purpose, insofar as those claims relate solely to changes made to the Product. You acknowledge that Product Modifications may be in a beta or testing version and may be terminated at any time without notice.

You acknowledge that the purchase of the Product or Services does not guarantee perpetual availability of any particular feature, configuration, or functionality. Nothing in this Section limits or waives any rights that cannot be waived under Applicable Law.

10. APPLICATIONS, SUBSCRIPTIONS, AND FUTURE ADD-ONS

10.1 Base App Access. If we provide a Base App, any representation of "lifetime"or "Subscription-free' access applies only to the Base App as it exists at the time of purchase and as maintained at our discretion. "Lifetime" or "Subscription-free' refers to the commercial lifespan of the applicable Product or Base App offering, and not to your lifetime or the perpetual availability of any particular feature. We reserve the right to modify, limit, or discontinue the Base App in accordance with these Terms and Applicable Law.

10.2 Future Add-Ons and Paid Features. We may, at any time and in our sole discretion, introduce Future Add-Ons, which may be offered for additional fees, whether on a one-time, subscription, usage-based, in-app purchase, or other pricing basis. Applicable fees, billing terms, renewal terms, and cancellation policies will be disclosed at the time of purchase. Your continued use of any paid feature constitutes agreement to the applicable pricing and billing terms.

10.3 No Guarantee of Perpetual Free Enhancements. Access to any feature at no charge does not create an obligation for the Company to provide that feature, or any future enhancements, free of charge indefinitely. The Free Subscription does not constitute a guarantee that every future feature, module, or service that the Company may develop will be provided free of charge. The Company expressly reserves the right to introduce new functionality, premium modules, or ancillary services that may be offered on a paid basis, even if such Future Add-Ons are delivered within the same application package. We reserve the right to reclassify features, introduce pricing for previously free functionality, bundle features into subscription tiers, or discontinue features entirely, subject to Applicable Law.

10.4 No Implied Right to Free Future Content. You acknowledge and agree that the Free Subscription does not create an implied right to free access to any content, feature, or service that the Company may develop, license, or acquire after the Effective Date, unless expressly stated in a subsequent written amendment signed by an authorized officer of the Company.

10.5 Termination of Access to Paid Add-Ons. The Company may suspend or terminate your access to any Paid Add-On, Third-Party Service, or future version of the App for cause, including (i) breach of this Agreement, (ii) non-payment of applicable fees, or (iii) violation of the terms of a third-party provider. Upon termination, you must cease all use of the affected feature and delete any related data in your possession.

10.6 Third-Party Services. The Services may include integrations with, or links to, Third-Party Services. Your use of any Third-Party Services is governed exclusively by the terms, conditions, and privacy policies of the applicable third party. We do not control, endorse, or assume responsibility for any Third-Party Services and disclaim all liability arising from your use of or reliance on them.

11. PAYMENTS, FEES, AND PRE-ORDERS

11.1 Order Acceptance. An Order is accepted only when we confirm it in writing (email or in-App). We may decline, limit, or cancel any Order, in whole or in part, for reasons including pricing or typographical errors, suspected fraud or unauthorized resale, unavailability, misbehavior or legal restriction. If we cancel after payment, we will refund the amount charged for the cancelled portion.

11.2 Fees. If you purchase Paid Services, you agree to pay all Fees presented at checkout. Prices are displayed in USD and may change at any time before acceptance. Prices exclude taxes, duties, and shipping, which are shown at checkout and are your responsibility.

11.3 Payment Authorization. By submitting payment information in connection with any purchase, you represent and warrant that you are legally authorized to use the designated payment method and that all billing information provided is true, accurate, and complete. You expressly authorize the Company, its Affiliates, and its third-party payment processors to charge your selected payment method for all Fees incurred, including but not limited to product pricing, recurring subscription charges, applicable taxes, shipping and handling fees, restocking fees (where applicable), price adjustments, and any other amounts owed under these Terms.

11.4 Promotions and Discounts. You acknowledge that promotional pricing, discount codes, referral credits, introductory offers, or other price reductions are subject to validation and eligibility requirements determined in our sole discretion. Individual discounts may not be combined, stacked, or applied retroactively unless expressly permitted by us in writing. If a discount is determined to be invalid, ineligible, expired, improperly applied, or otherwise unavailable to you, we reserve the right to cancel the Order or adjust the Order to the correct pricing. If you wish to proceed after such adjustment, you must complete the purchase using a valid and applicable discount or at the standard price. Promotional sales, limited-time offers, founder pricing, early-access pricing, and other special pricing events are final offers, subject to availability, and may be modified or withdrawn at any time without notice. Such promotional or discounted purchases may be non-refundable or subject to modified refund terms as disclosed at the time of purchase.

11.5 Subscriptions. If you enroll in a subscription-based Paid Service, the subscription will automatically renew at the end of each billing cycle unless canceled prior to renewal in accordance with the cancellation instructions provided at checkout or within your account settings. You are responsible for reviewing renewal dates and managing cancellation prior to the next billing cycle. Cancellation stops future charges but does not refund the current period unless required by law. Continued access to subscription services is conditioned upon successful payment. We reserve the right to modify subscription pricing upon reasonable notice as required by Applicable Law. Continued use after a pricing change constitutes acceptance of the new pricing.

11.6 Pre-Orders. Paid Services may include Pre-Orders scheduled for future production or release. By placing a Pre-Order, you acknowledge and agree that all stated shipping or delivery timelines are estimates only and are not guaranteed. Estimated delivery dates may change due to manufacturing schedules, component availability, quality control processes, regulatory approvals, carrier delays, customs processing, global supply chain disruptions, or other factors beyond our reasonable control. Except as required by Applicable Law, delays in estimated shipping dates do not constitute grounds for cancellation, chargeback, refund demand, or claims for damages. Pre-order deposits and payments may be refunded to the original payment method or as store credit, as disclosed at checkout.

11.7 Non-Payment. If your payment method is declined, expired, invalid, subject to chargeback, or otherwise fails, we may, without limitation, suspend, restrict, or terminate your access to Paid Services. You remain responsible for all unpaid amounts. We reserve the right to recover any outstanding balances, including through third-party collection agencies where permitted by law.

12. CANCELLATIONS AND CHARGEBACKS

12.1 Effect of a Refund on Benefits. Upon issuance of a refund, the Reservation deposit and all associated benefits—including promotional pricing, incentives, credits, and priority status—shall become null and void. Such benefits may not be reinstated under any circumstances.

12.2 Cancellation Reinstatement. Cancelled Orders (including Reservations or Pre-Orders) cannot be reinstated. Once a cancellation is processed, the Order is permanently closed.

12.3 Chargeback Policy. The Company encourages Customers to contact our support team before initiating a chargeback with their payment provider so that we may attempt to resolve concerns promptly. Initiating a chargeback without first giving the Company an opportunity to resolve the issue may result in forfeiture of the Reservation and any associated benefits, delays in resolution, and potential suspension of the Customer's account. Fraudulent or bad-faith chargebacks shall constitute a breach of these Terms. In such event, the Company reserves the right to: suspend or terminate the Customer's account; permanently restrict future purchases; and pursue recovery of related administrative fees, costs, or damages through appropriate legal channels, to the fullest extent permitted by Applicable Law.

13. SHIPPING AND DELIVERY

13.1 Shipping Dates and Partial Shipments. Different Products may have different shipping dates, and it is your responsibility to review the dates shown at checkout. Shipments may be delivered in parts or in full. If shipped in parts, each part will have its own tracking number, and partial delivery does not constitute a Product being "not as described."

13.2 Shipping Regions and Methods. We currently ship within the United States only. Shipping methods, costs, and estimated dates are shown at checkout. Delivery dates are estimates only.

13.3 Risk and Title. Risk of loss passes to you upon delivery to the carrier; title passes upon delivery to the address you provide.

13.4 Damaged Shipments. Report damaged-on-arrival shipments with photographs within two (2) days of delivery.

13.5 Undeliverable Packages. You are responsible for an accurate shipping address. If a package is returned as undeliverable, we will contact you once; if we receive no corrected address within fourteen (14) days, we may refund the Order less shipping and handling costs.

13.6 Digital Delivery. Digital Products are delivered by making them available in your account or by download after payment. You are responsible for compatible devices, software, and internet access. Downloaded or accessed digital content is non-refundable except as required by law.

14. RETURNS, REFUNDS, AND EXCHANGES

14.1 Return Window. Unused Products in original packaging may be returned within 15 days of delivery, subject to this Section.

14.2 Non-Returnable Items. The following are final sale unless defective: digitally delivered content, promotional or final-sale items.

14.3 Restocking Fees. A restocking fee of up to 15% may apply to non-defective returns.

14.4 Refund Process. Approved refunds are issued to the original payment method or store credit within 14 days of our receipt and inspection of the return.

14.5 Exchanges. Variant exchanges are processed as a return plus a new Order, unless stated otherwise at checkout.

14.6 Defective Products. Defective Products are handled under the Limited Warranty (Section 22) and, where applicable, your statutory rights.

15. SAFE USE AND YOUR RESPONSIBILITIES

15.1 Use Products only for their intended purpose and in accordance with Documentation, instructions, labels, and warnings.

15.2 Skin Contact. If you have known sensitivities, allergies, or medical conditions (including skin sensitivities or reactions to metals or leather), review the Product's material information (such as case, strap, and band materials) before use. Discontinue use and consult a healthcare professional if you experience skin irritation, redness, swelling, or other discomfort.

15.3 Do not use damaged, defective, or altered Products; discontinue use and contact us if a Product appears unsafe or becomes unusually hot during use or charging.

15.4 Water Resistance. Any water-resistance rating stated for the Product is limited and may degrade over time; do not expose the Product to conditions beyond its stated rating, and do not charge the Product while it is wet.

15.5 Magnets. If the Product or its charging accessory contains magnets, keep it at a safe distance from implanted medical devices (such as pacemakers or defibrillators) and other magnet-sensitive devices, in accordance with the guidance of the relevant device manufacturer and your healthcare professional.

15.6 You are responsible for your own use and for use by anyone you provide the Product or account access to, and for complying with all laws applicable to your purchase, import, and use.

16. INTELLECTUAL PROPERTY

16.1 Ownership. All right, title, and interest in and to the Site, App, Product, Services, Software, Documentation, content, designs, trademarks, logos, and all other intellectual property and proprietary rights therein ("Company IP") are and shall remain the exclusive property of the Company or its licensors. Nothing in these Terms grants you any ownership interest in the Company IP.

16.2 Restrictions. Neither the right to access the Site nor purchase of the Product or subscription to the Services constitutes a license to use any Company IP other than for personal, non-commercial purposes. You may not, and may not permit any third party to, copy, reproduce, modify, create derivative works from, distribute, publicly display, sell, license, lease, reverse engineer, decompile, disassemble, or extract source code from any portion of the Company IP, or remove, obscure, or alter any proprietary notices, trademarks, or branding, except as expressly authorized in writing by the Company. Any unauthorized use of Company IP constitutes a material breach of these Terms and may result in immediate termination of your license and potential legal action.

16.3 Third-Party Marks. Third-party brand names and logos shown in connection with the Product belong to their owners; display does not imply endorsement or partnership.

16.4 Copyright Complaints (DMCA). If you believe content on our Services infringes your copyright, send a notice to legal@beanwatch.com identifying the work, the infringing material and its location, your contact details, and a good-faith statement under penalty of perjury. We respond to valid notices as required by law and may terminate repeat infringers.

17. USER CONTENT, REVIEWS, AND FEEDBACK

17.1 License. By submitting User Content (including reviews, photos, comments, ideas, and feedback), you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable, non-exclusive license to use, reproduce, modify, publish, display, and commercialize it for any lawful purpose, including marketing and product improvement.

17.2 Unsolicited Submissions. Except for personal information governed by our Privacy Policy, anything you submit to us (including unsolicited ideas) is deemed non-confidential, and we have no obligation to review, maintain, or compensate you for it.

17.3 Your Representations. You represent that your User Content is accurate, is your own, and does not infringe any third-party rights.

17.4 Moderation. We may remove or refuse User Content that is unlawful, false, abusive, spam, or otherwise violates our guidelines.

18. ACCEPTABLE USE AND PROHIBITED CONDUCT

18.1 Prohibited Conduct. You may not use the Services to: (a) violate any law or third-party right; (b) resell or commercially exploit Products without our written consent; (c) scrape, crawl, harvest, or use bots or automated tools to collect data from the Site or App; (d) bypass, probe, or test the vulnerability of security measures; (e) gain unauthorized access to accounts, systems, or data, or attempt to trace information about other users; (f) impose an unreasonable load on our systems or interfere with other users' transactions; (g) forge headers or impersonate any person or entity; (h) introduce malware or harmful code; (i) remove or alter proprietary notices; or (j) assist any of the above.

18.2 Consequences. Violations constitute a material breach and may result in suspension or termination, civil or criminal liability, and recovery of our reasonable enforcement costs and attorneys' fees.

18.3 Disclosure. We may disclose information about you (including identity and usage data) to comply with law, legal process, or governmental requests, and to investigate violations of these Terms or protect our rights, property, and users.

19. EXPORT AND SANCTIONS COMPLIANCE

You may not use, export, or re-export the Product, Software, or technical data except as authorized by the laws of the United States and your jurisdiction. You represent that you are not located in an embargoed country or on a restricted-party list and will not use the Services for any prohibited purpose.

20. NON-MEDICAL DEVICE DISCLAIMER AND PROHIBITED MEDICAL USE

20.1 No Medical Purpose. The Product is a consumer electronic device only. It has not been designed, tested, certified, or marketed as a medical device, nor does it have any regulatory clearance (e.g., FDA 510(k), CE Mark for medical devices). The Company makes no representations, warranties, or claims that the Product can diagnose, treat, mitigate, prevent, or cure disease or any medical condition. The Product is not designed for use in life-safety, emergency, mission-critical, medical, or time-sensitive situations.

YOU MUST NOT RELY ON THE PRODUCT OR SERVICES FOR ANY PURPOSE IN WHICH FAILURE TO OPERATE CORRECTLY, PROMPTLY, OR CONTINUOUSLY COULD RESULT IN INJURY, DEATH, OR SEVERE PROPERTY DAMAGE. YOU ASSUME ALL RISKS ASSOCIATED WITH ANY PROHIBITED OR UNINTENDED USE.

20.2 Waiver of Liability for Health-Related Use. You may elect to use the Product for lifestyle tracking (e.g., activity monitoring, sleep analysis) at your own discretion and risk. To the maximum extent permitted by Applicable Law, you waive, release, and discharge the Company Parties from any and all liability arising out of: (a) personal injury, death, or property damage resulting from reliance on health-related data generated by the Product; (b) inaccurate, incomplete, or erroneous readings or measurements; and (c) any adverse outcome associated with using the Product for any health-related purpose.

20.3 Prohibited Regulated or Clinical Use. You shall not use the Product in any clinical trial, research study, medical experiment, or other regulated activity that involves risk to human health or life, including but not limited to: (a) integration of the Product into a device or system intended for therapeutic intervention; (b) use as a diagnostic instrument in a healthcare setting; and/or (c) submission of data derived from the Product to any regulatory body as evidence of medical efficacy. Any unauthorized use of the Product or Services in a regulated or clinical environment constitutes a material breach of these Terms.

20.4 Indemnification (Medical-Related Claims). You agree to indemnify, defend, and hold harmless the Company Parties from any claim, demand, suit, loss, liability, or expense (including reasonable attorneys' fees) arising out of your unauthorized medical use of the Product.

21. AI AND CHATBOT DISCLAIMERS

21.1 AI Features. The Services may include artificial intelligence features that generate recommendations, insights, or other content ("Output"). AI-generated Output may contain errors, inaccuracies, or misleading information, and may be incomplete, outdated, biased, or contextually inappropriate. AI Output is provided for informational purposes only and is not medical, legal, financial, or professional advice. You agree to use independent judgment before relying on any Output and to consult a qualified professional when appropriate. To the maximum extent permitted by law, the Company bears no liability arising out of or relating to your use of AI features or reliance on Output.

21.2 Virtual Chatbot. We may provide an interactive virtual chatbot as we, in our sole discretion, may choose (the "Chatbot") as part of our Services. You acknowledge and agree that responses provided by the Chatbot are automated, generated by artificial intelligence algorithms, and are not controlled or supervised by us on a real-time basis. We expressly disclaim any liability for any inaccuracies, omissions, or unintended interpretations arising from the Chatbot's responses. The information provided by the Chatbot is for general informational purposes only and does not constitute professional, medical, legal, or financial advice. Responses from the Chatbot should not be relied upon for making decisions, and you should independently verify any information provided. No response provided by the Chatbot may be used against us in any legal or regulatory proceeding.

22. LIMITED WARRANTY (HARDWARE)

22.1 Limited Warranty. The Company warrants to the original end-user purchaser that the Product will be free from defects in materials and workmanship under normal, intended, and documented use for a period of one (1) year from the date of original retail purchase, unless a longer period is required under Applicable Law.

THIS LIMITED WARRANTY IS EXCLUSIVELY FOR THE ORIGINAL END-USER PURCHASER AND IS STRICTLY NON-TRANSFERABLE. ANY ATTEMPT TO TRANSFER THIS WARRANTY SHALL RENDER IT VOID AND INVALID.

During the applicable warranty period, and upon verification of a valid warranty claim, the Company, in its sole discretion, will repair the defective Product, replace it with a new or refurbished product of equal or greater functionality, or provide an equivalent remedy as permitted by Applicable Law. Replacement products may contain new or reconditioned components. Any repaired or replaced Product will be covered for the remainder of the original warranty period or ninety (90) days after replacement, whichever is longer, unless otherwise required by Applicable Law.

This limited warranty does not cover defects or damage resulting from normal wear and tear, cosmetic damage (including scratches, dents, or discoloration that does not affect functionality), misuse, negligence, improper storage, accidents, liquid damage outside documented specifications, excessive heat exposure, unauthorized repair or modification, use with non-approved accessories, software, or charging equipment, improper charging practices, commercial use, or use contrary to Documentation or safety instructions. Natural battery degradation over time, which results in reduced battery life or charging capacity, is expected and is not a defect covered by this warranty. This warranty also does not cover consumable components or performance variations that fall within normal manufacturing tolerances.

22.2 Warranty Process. To initiate a warranty claim, contact support@beanwatch.com with proof of purchase, the Product serial number (if applicable), and any information reasonably requested to evaluate the claim. We may require you to return the Product for inspection prior to approving warranty service. Unless otherwise required by Applicable Law, you may be responsible for shipping costs associated with returning the Product for warranty evaluation. If a returned Product is determined not to be covered under this limited warranty, we reserve the right to charge reasonable inspection, handling, or return shipping fees where permitted by law.

23. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, APP, PRODUCT, SERVICES, SOFTWARE, AI FEATURES, AND ALL CONTENT, FUNCTIONALITY, AND MATERIALS PROVIDED BY THE COMPANY ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

EXCEPT FOR THE LIMITED HARDWARE WARRANTY EXPRESSLY SET FORTH IN SECTION 22, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION: (a) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, SYSTEM INTEGRATION, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; (b) ANY WARRANTY THAT THE SITE, APP, PRODUCT, OR SERVICES WILL MEET YOUR REQUIREMENTS, BE ERROR-FREE, OR OPERATE WITHOUT INTERRUPTION; AND (c) ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF DATA, METRICS, INSIGHTS, OR HEALTH-RELATED INFORMATION GENERATED BY THE PRODUCT AND SERVICES.

The Product and Services may be subject to delays, interruptions, outages, data loss, failures, or inaccuracies for any reason, including network congestion, wireless interference, device limitations, third-party service provider issues, maintenance, updates, or circumstances beyond the Company's control. We do not guarantee continuous, uninterrupted, or error-free operation of the Product or Services and will not be liable for any such interruptions or their consequences. We do not warrant that the Services will be free of viruses or other harmful components, or that defects will be corrected. We do not warrant any specific battery life, charging performance, or that the Product will operate perpetually without recharging.

You acknowledge that your use of the Product and Services is at your sole risk and that you are responsible for verifying any information or output before relying on it. No oral or written information or advice provided by the Company or its representatives shall create any warranty or modify this Agreement unless expressly stated in a written amendment signed by an authorized officer of the Company.

Some jurisdictions do not allow the exclusion or limitation of certain warranties; accordingly, the above exclusions may not apply to you to the extent prohibited by Applicable Law.

24. CONSUMER RIGHTS PRESERVED

Nothing in these Terms excludes, limits, or modifies any non-waivable statutory right or remedy you may have under the consumer protection laws of your jurisdiction, including statutory guarantees, mandatory refund rights, or withdrawal rights. If any provision conflicts with such law, the statutory right prevails.

25. LIMITATION OF LIABILITY

25.1 Exclusion of Certain Damages. To the maximum extent permitted by Applicable Law, in no event shall the Company Parties be liable for any indirect, incidental, special, consequential, exemplary, enhanced, or punitive damages, or for any loss of profits, loss of revenue, loss of business opportunity, loss of goodwill, loss of data, device damage, or business interruption, whether based on contract, tort (including negligence), strict liability, statute, or any other legal theory, arising out of or relating to the Product, Site, App, Services, AI features, or these Terms, even if advised of the possibility of such damages.

25.2 Cap on Liability. To the maximum extent permitted by law, the total aggregate liability of the Company Parties for any and all claims arising out of or related to these Terms or the Products shall be strictly limited to the greater of: (a) USD 100, or (b) the total amount you paid for the specific Product or Paid Service giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to liability.

25.3 Effect and Exceptions. The limitations in this Section apply regardless of the form of action, regardless of legal theory, and even if any limited remedy fails of its essential purpose. They do not apply to liability that cannot be excluded or limited by law (including death or personal injury caused by negligence, fraud, or willful misconduct). If Applicable Law does not permit certain limitations of liability, the Company Parties' liability shall be limited to the maximum extent permitted by law.

25.4 Basis of the Bargain. You and we agree that the disclaimers and limitations in this Section are a fundamental basis of the bargain, and the prices reflect this allocation of risk.

26. INDEMNIFICATION

26.1 General Indemnification. You agree to indemnify, defend, and hold harmless the Company Parties from and against any and all third-party claims, demands, actions, investigations, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys' fees and court costs, arising out of or relating to: (a) your breach of these Terms; (b) your misuse of the Product or Services; (c) your violation of any Applicable Law; or (d) your infringement or misappropriation of any third-party rights, including intellectual property, privacy, or publicity rights.

26.2 Account Use. This indemnification obligation also applies to any claims arising from or related to the use of your account, credentials, or access to the Services by you or any third party, whether or not such use was authorized by you.

26.3 Defense Control. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully in the defense and settlement of such matter.

26.4 Survival. Your indemnification obligations under this Section survive termination of these Terms and your use of the Services.

27. TERMINATION AND DATA UPON TERMINATION

27.1 Termination by You. You may discontinue use of the Services and delete your account at any time; however, this does not exempt you from any obligations or liabilities incurred prior to termination.

27.2 Termination by Us. We reserve the right, in our sole discretion and without prior notice, to suspend, restrict, terminate, or permanently prohibit your access to the Services, in whole or in part, for violations of these Terms, suspected fraud, chargeback abuse, misbehavior, unlawful conduct, security concerns, regulatory compliance requirements, requests by law enforcement, or any other legitimate business reason. If your access is terminated or restricted, you may not attempt to circumvent such restriction or create a new account without our prior written consent. We are not liable to you or to any third party for such termination.

27.3 Effect of Termination. Upon termination or suspension for any reason, all licenses and rights granted to you under these Terms shall immediately cease, and you must discontinue all use of the Product and Services to the extent required. Termination shall not relieve you of any outstanding payment obligations or liabilities incurred prior to termination.

27.4 Your Data. You may request deletion of your account and personal data at any time, subject to retention required by law. Before deleting, export any data you wish to keep; we are not obligated to provide data after deletion. We may retain aggregated or de-identified data.

27.5 Survival. Any provisions of these Terms that by their nature are intended to survive termination shall remain in full force and effect, including, without limitation, provisions relating to intellectual property rights, payment obligations, disclaimers of warranties, limitation of liability, indemnification, dispute resolution and arbitration, and governing law.

28. FORCE MAJEURE

Neither party shall be liable for any failure, delay, interruption, or degradation in performance of the Product or Services resulting from a Force Majeure Event. During any Force Majeure Event, our obligations shall be suspended for the duration of the event, and we shall have a reasonable period of time thereafter to resume performance. If suspension exceeds 90 days for a pending Order, you may cancel that Order for a refund of amounts paid for unfulfilled Products.

29. GOVERNING LAW AND DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO A JURY TRIAL.

29.1 Governing Law. This Agreement is governed by the laws of the State of Wyoming, without regard to conflict-of-laws principles.

29.2 Claim Limitation Period. Except where prohibited by law, any claim arising out of these Terms must be filed within one (1) year after the claim accrues, or it is barred. Claims under your statutory consumer rights are not subject to this limitation.

29.3 Agreement to Arbitrate. You and the Company agree that any dispute, claim, or controversy arising out of or relating to your access to or use of the Product or Services, any communications between you and the Company, any products sold or distributed by the Company, or these Terms (including prior versions), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (each, a "Dispute"), shall be resolved exclusively through final and binding arbitration and not in a court of law, except as expressly provided in this Section.

This Arbitration Agreement applies to all disputes arising before, during, or after your use of the Services and survives termination of your account, the Services, or these Terms. The parties acknowledge that these Terms involve interstate commerce, and the Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this Section.

29.4 Mandatory Informal Resolution. Before initiating arbitration, you must provide written notice of the Dispute to us via the contact form on our website and allow at least thirty (30) days for the parties to attempt good-faith informal resolution. Your notice must include your full name, contact information, a detailed description of the Dispute, and the specific relief sought. Arbitration may not be initiated unless this informal resolution process has been completed. The statute of limitations shall be tolled during this period.

29.5 Arbitration Procedure and Authority. If the Dispute is not resolved informally, it shall be administered by JAMS under its Comprehensive Arbitration Rules and Procedures, in effect at the time the arbitration is filed. The arbitration shall be conducted before a single neutral arbitrator. Unless otherwise agreed, the arbitration shall take place in Boston, Massachusetts, or virtually at the arbitrator's discretion.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all issues relating to the interpretation, applicability, enforceability, and formation of this Arbitration Agreement and these Terms, including any claim that all or part of this Section or these Terms is void or voidable, whether a claim is subject to arbitration, and any issue of waiver by litigation conduct. The arbitrator shall have authority to grant any remedy available in a court of law or equity. The arbitrator's decision shall be in writing, final, and binding, and judgment on the award may be entered in any court of competent jurisdiction.

29.6 Waiver of Jury Trial. YOU AND THE COMPANY EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY COURT PROCEEDING ARISING OUT OF OR RELATING TO ANY DISPUTE.

29.7 Class Action and Representative Waiver. YOU AND THE COMPANY AGREE THAT ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. NEITHER PARTY MAY BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION OR PROCEEDING, WHETHER IN ARBITRATION OR IN COURT. THE ARBITRATOR SHALL NOT HAVE AUTHORITY TO CONDUCT ANY CLASS OR REPRESENTATIVE PROCEEDING OR TO CONSOLIDATE CLAIMS EXCEPT AS EXPRESSLY PROVIDED BELOW.

If twenty-five (25) or more similar arbitration demands are filed within a ninety (90) day period by or with the assistance of the same law firm or coordinated organization, such demands shall be administered in batches of up to one hundred (100) claims per batch. Each batch shall be assigned to one arbitrator, with one consolidated hearing and one consolidated award per batch. This batching mechanism does not authorize class arbitration. If the batching provision is found unenforceable, the entire Arbitration Agreement shall be null and void, and disputes shall be resolved exclusively in the state or federal courts located in Boston, Massachusetts.

29.8 Arbitration Costs. For consumer claims of USD 10,000 or less, we will advance the arbitration filing fees on request. To the extent required by the JAMS Policy on Consumer Arbitrations, we will pay all JAMS fees that exceed the filing fees you would be required to pay in a court of law, and in no event will you be required to pay more than USD 250 in arbitration filing fees. Each party bears its own attorneys' fees except as the arbitrator may award under Applicable Law.

29.9 Exceptions to Arbitration. Notwithstanding the foregoing, either party may bring a qualifying claim in small claims court within that court's jurisdiction. Either party may also seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights, including claims relating to infringement, misappropriation, piracy, or unauthorized use of patents, copyrights, trademarks, or trade secrets.

29.10 30-Day Right to Opt Out. You may opt out of this Arbitration Agreement by sending written notice via the contact form on our website within thirty (30) days of first accepting these Terms. FAILURE TO PROVIDE TIMELY OPT-OUT NOTICE SHALL CONSTITUTE YOUR IRREVOCABLE ACCEPTANCE OF THIS ARBITRATION AGREEMENT. The notice must clearly state your intent to opt out and include your full name and the email address associated with your account. If you opt out properly and timely, this Arbitration Agreement shall not apply to you; however, all other provisions of these Terms shall remain in full force and effect.

29.11 Severability of Arbitration Section. If any portion of this Section is found invalid or unenforceable, that portion shall be severed and the remainder shall remain enforceable to the maximum extent permitted by law. This Dispute Resolution, Arbitration, and Class Action Waiver Section shall survive termination of your account, the Services, or these Terms.

30. NOTICES AND ELECTRONIC COMMUNICATIONS

30.1 Electronic Communications. By accessing or using the Services, creating an account, or providing your contact information, you consent to receive agreements, notices, disclosures, updates, billing information, legal communications, and other communications from us electronically, including via email, in-App notification, or through the Site. You agree that all electronic communications provided by us satisfy any legal requirement that such communications be in writing and shall have the same force and effect as if delivered in paper form.

30.2 Notices to Us. All notices required or permitted under these Terms must be in writing. Notices to the Company shall be sent via the contact form on our website or to legal@beanwatch.com.

30.3 Notices to You. Notices to you may be sent to the email address associated with your account, purchase, or other contact information provided by you. Notices are effective when sent to that address. It is your responsibility to maintain accurate and current contact information.

31. ELECTRONIC SIGNATURE

By accessing or using the Website, completing any purchase, creating an account, activating a Product, or otherwise indicating your acceptance of these Terms (including by clicking any acceptance button, if provided), you acknowledge and agree that such action constitutes your legally binding electronic signature under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable state electronic transaction laws. You agree that electronic records, agreements, disclosures, and communications satisfy any legal requirement that such communications be in writing.

32. GENERAL PROVISIONS

32.1 Entire Agreement. These Terms, together with the Privacy Policy and any additional terms incorporated by reference, constitute the entire agreement between you and the Company with respect to your access to and use of the Product and Services and supersede all prior or contemporaneous communications, representations, proposals, understandings, or agreements, whether oral, written, or electronic, relating to the subject matter hereof. No statement, representation, warranty, or agreement not expressly set forth in these Terms shall be binding on the Company. We do not accept counter-offers or additional terms proposed by you (such as terms on purchase orders), and any such terms are rejected unless we expressly agree in writing.

32.2 Severability. If any provision of these Terms is held invalid or unenforceable, it will be limited or modified to the minimum extent necessary and replaced with a valid provision that best reflects the original intent, and the remainder will remain in full force and effect.

32.3 Waiver. Our failure to exercise or enforce any right or provision does not constitute a waiver of that right or provision, and no waiver of one breach waives any other breach.

32.4 Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to an Affiliate or successor without notice.

32.5 No Third-Party Beneficiaries. These Terms confer no rights on anyone other than you and us, except as expressly stated.

32.6 Interpretation. For purposes of this Agreement: (a) the words "include," "includes," and "including" are deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; and (c) the words "herein," "hereof," "hereby," "hereto," and "hereunder" refer to this Agreement as a whole. Headings are for convenience only. This Agreement is intended to be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.

32.7 Void Where Prohibited. Offers are void where prohibited by law. If you access the Services from outside our primary market, you do so on your own initiative and are responsible for compliance with local law.