Terms of service

INTRODUCTION AND ACCEPTANCE OF TERMS

This website is operated by Pachira. Throughout the site, the terms “we”, “us” and “our” refer to Pachira. Pachira offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - USER ELIGIBILITY AND COMPLIANCE OBLIGATIONS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You agree to use our website and products only for lawful purposes. You must not engage in any activity that violates applicable laws, including but not limited to copyright or intellectual property laws. You are strictly prohibited from introducing or transmitting any malicious code, including viruses, worms, or any other software that could harm the functionality or security of the website, services, or devices.

Any breach of these conditions may result in immediate suspension or termination of your access to our services, without prior notice.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse access to our services or products to any individual, at any time, and for any reason, at our sole discretion.

You acknowledge that, except for credit card information, any content or data you transmit through our website may be transferred without encryption and may involve transmission across multiple networks or modifications necessary for compatibility with various technical requirements. Please note that all credit card data is encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of our website, services, or associated communications without express written permission from Pachira.

Section headings are provided for convenience only and do not limit or alter the meaning of any terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - PRICING & SERVICE MODIFICATIONS

We reserve the right to modify pricing for any of our products at any time without prior notice. Pachira may also revise, suspend, or discontinue any part of the Service or product offering at our sole discretion and without liability to you or any third party.

Changes may include, but are not limited to, updates to product features, functionalities, or the availability of certain Services. We are not obligated to maintain any product or Service in perpetuity and shall not be held responsible for any inconvenience caused by such modifications or discontinuations.

SECTION 5 - PRODUCT DESCRIPTIONS & AVAILABILITY

Pachira offers a range of smart health wearables and related accessories, some of which may be available exclusively online and in limited quantities. All products are subject to availability and may be returned or exchanged only in accordance with our Return & Refund Policy.

We strive to ensure that product descriptions, images, and colors are displayed as accurately as possible. However, we cannot guarantee that your device’s screen accurately reflects actual product colors or finishes.

We reserve the right to:

  • Limit the sale of products or Services to any individual, region, or jurisdiction;

  • Restrict quantities per order, customer, or household;

  • Modify product details, specifications, or pricing without notice;

  • Discontinue any product at any time;

  • Void offers or promotions in regions where prohibited by law.

Pachira does not warrant that any product, Service, or related content will meet your expectations or be error-free. We are not liable for inaccuracies, omissions, or unintended consequences resulting from reliance on our product materials or listings.

SECTION 6 - BILLING AND ACCOUNT INFORMATION ACCURACY

We reserve the right to refuse or cancel any order at our sole discretion. This includes, but is not limited to, limitations on order quantities per customer, per household, or per order. Such restrictions may apply to orders placed using the same customer account, credit card, billing address, or shipping address.

If we modify or cancel an order, we will make reasonable efforts to notify you using the contact information provided at the time of purchase (e.g., email address or phone number).

Additionally, we reserve the right to restrict or prohibit orders that, in our judgment, appear to be placed by unauthorized resellers, distributors, or commercial entities.

You agree to provide complete, current, and accurate billing, shipping, and account information for all purchases made through our store. You further agree to update such information promptly to ensure successful order processing and timely communication.

For further details regarding returns, cancellations, and refunds, please refer to our Return & Refund Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. 

We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY SERVICES

Certain content, products and Services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We do not guarantee, endorse, or assume any responsibility for the accuracy, content, or availability of third-party materials, websites, products, or Services. You access and interact with such third-party websites at your own risk.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”, “submissions”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. 

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION & PRIVACY

Your submission of personal data through our website is governed by our Privacy Policy, which outlines how we collect, use, and protect your information. We encourage you to review the Privacy Policy to understand your rights and our data practices.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

We make every effort to ensure that information provided on our website and services is accurate and up to date. However, there may occasionally be typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping rates, transit times, or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to all other prohibitions outlined in these Terms, you are expressly prohibited from using this website, our products, or any part of our Services in the following ways:

(a) for any unlawful purpose; 

(b) to solicit others to perform or participate in any unlawful acts; 

(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; 

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; 

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; 

(f) to submit false or misleading information; 

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; 

(h) to collect or track the personal information of others; 

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape; 

(j) for any obscene, exploitative, or immoral purpose.

(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. 

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - PRODUCT USE AND MEDICAL DISCLAIMER

The Pachira Smart Ring is designed for general wellness and lifestyle tracking only. It is not a medical device and must not be relied upon for the diagnosis, treatment, cure, or prevention of any medical condition.

The biometric and health-related data provided - including heart rate, sleep patterns, SpO₂ levels, and stress indicators - are intended solely for informational purposes and do not constitute medical advice.

You are strongly advised to consult a qualified healthcare provider before making any health decisions based on the data captured by the Pachira Smart Ring, especially if you have a pre-existing medical condition or are experiencing symptoms. The device should never be used as a substitute for professional clinical assessment or medical equipment.

  • Accuracy Limitations: The accuracy of data may be influenced by numerous factors, including but not limited to device fit, placement, user movement, skin tone, ambient temperature, and other environmental conditions. Use of the device in a manner inconsistent with provided guidelines may impact performance and void any applicable warranty.

  • User Acknowledgment: By using the Pachira Smart Ring, you acknowledge that you do so at your own discretion and risk. Pachira assumes no liability for any health-related decisions made based on the insights provided by the device.

SECTION 14 - PRODUCT SAFETY AND USAGE WARNINGS  

To ensure safe and effective use of the Pachira Smart Ring:

  • Always follow the user manual and wear the device as instructed.

  • Do not attempt to modify, disassemble, or repair the device on your own.

  • Keep the device away from extreme temperatures, moisture, or corrosive substances.

  • Stop use immediately if the device causes discomfort, irritation, or allergic reactions.

  • Individuals with implanted medical devices (e.g., pacemakers) should consult their doctor before using wearable electronics.

Failure to observe these safety precautions may compromise device performance and user safety, and may void product warranty.

SECTION 15 - MOBILE APP USAGE & DATA SYNCHRONIZATION

To access the full range of features offered by your Pachira Smart Ring, use of our official mobile application (the "App") may be required. By downloading, installing, or using the App, you agree to the following conditions:

15.1. App Compatibility

The App is designed to be compatible with most modern smartphones running supported versions of iOS or Android operating systems. It is your responsibility to ensure your device meets the minimum system requirements. We do not guarantee the App will function on all devices, operating systems, or in all regions.

By downloading, installing, or using our app, you agree to:

  • Grant us permission to provide updates, bug fixes, and new versions;

  • Allow the app to access system resources or data necessary for functionality (e.g., Bluetooth, health sensors, location, etc.), only with your consent;

  • Use the app in compliance with all applicable laws and security guidelines;

  • Maintain the confidentiality of your login credentials and account information.

We are committed to protecting your personal data within the app in accordance with our Privacy Policy.

15.2. Data Usage & Synchronization

The App collects and syncs data from your Smart Ring, including but not limited to biometric and activity data. This information is processed to provide insights and personalized feedback. By using the App, you consent to such data collection and synchronization, subject to our Privacy Policy.

Data synchronization requires an active internet connection and functioning Bluetooth. Performance may vary based on your device, location, and connectivity.

15.3. User Responsibilities

You are responsible for:

  • Keeping the App up to date to maintain compatibility and security.

  • Ensuring your mobile device remains in working condition and capable of supporting the App.

  • Regularly syncing your Smart Ring to prevent data loss.

  • Reviewing the App’s permissions and managing them appropriately.

Failure to update the App or maintain proper connectivity may result in limited or interrupted functionality of your device and the services it provides. Pachira is not responsible for any loss of data or features resulting from user inaction or third-party limitations.

SECTION 16 - SHIPPING, RETURNS & REFUND POLICY  

All orders placed through Pachira are subject to our shipping and fulfillment policies, including processing times, shipping methods, and delivery estimates, as outlined on our Shipping Policy page.

Return and refund eligibility is governed by our [Refund Policy], which outlines acceptable reasons for returns (such as defective items), timeframes for initiating returns, and conditions for receiving full or partial refunds. Items returned without prior authorization or outside the return window may not be eligible for a refund.

We reserve the right to refuse or limit returns at our discretion. Refunds, if approved, will be processed using the original method of payment. Please allow additional time for international returns and customs clearance, if applicable.

SECTION 17 - DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Pachira, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 18 - INTELLECTUAL PROPERTY

All content, designs, trademarks, logos, graphics, user interfaces, software code, and other materials featured on this website or in our mobile application are the exclusive property of Pachira or its licensors and are protected by international copyright, trademark, and intellectual property laws.

You may not reproduce, modify, distribute, display, create derivative works from, or otherwise exploit any part of the Site or its content without prior written permission from Pachira. Unauthorized use of our intellectual property constitutes a violation of these Terms and may result in legal action.

SECTION 19 - Accessibility Statement

Pachira is committed to making our website, mobile app, and digital content accessible and usable for all individuals, including those with disabilities.

We continuously strive to meet or exceed recognized accessibility standards such as the Web Content Accessibility Guidelines (WCAG). If you experience any accessibility issues or require assistance accessing our content or Services, please contact our support team for prompt assistance.

We welcome feedback on how we can improve the accessibility of our products and online platforms.

SECTION 20 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Pachira, its parent company, affiliates, subsidiaries, officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and partners from and against any claims, liabilities, damages, losses, costs, or expenses - including reasonable legal fees - arising out of or related to:

  • Your breach of these Terms of Service or any incorporated policies;

  • Your violation of any applicable law or third-party rights;

  • Any misuse of the Services or products provided by Pachira.

  • This obligation shall survive termination of your use of the Service.

SECTION 21 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 22 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 23 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 24 - GOVERNING LAW

These Terms of Service and any separate agreements under which we provide you Services shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law principles.

SECTION 25 - CHANGES TO TERMS OF SERVICE

We reserve the right to modify or update these Terms of Service at any time, at our sole discretion. Changes will be posted on this page, and the date of the latest update will be reflected at the top of the document.

It is your responsibility to review this page periodically for changes. Continued use of our website and Services following the posting of updates constitutes your acceptance of the modified Terms.

SECTION 26 - CONTACT INFORMATION

If you have any questions regarding these Terms of Service, please contact us via the chat box available on our website or through the contact form.