Terms of Use

Hardware Disclaimer

The Smart Seat and any accompanying physical components (collectively, "Hardware") are provided subject to any limited warranty documentation included with your purchase or available at the Website ("Limited Warranty"). These Terms do not modify or supersede the terms of the Limited Warranty.

Hardware Not Covered by These Terms

The disclaimers, limitations of liability, and "as is" provisions in these Terms apply to the Website and Content. Your rights with respect to Hardware defects, returns, and replacements are governed solely by the Limited Warranty and applicable consumer protection laws.

Compatibility and Requirements

Optimal use of the Products requires a compatible mobile device, operating system, and internet connection, the specifications for which are described on the Website. Casana is not responsible for any failure of the Products to function as intended due to incompatible hardware, software, or connectivity on your end.

Subscription Plans

Casana offers subscription plans (each, a "Subscription") that provide access to certain web and mobile applications that include additional features, data insights, and services associated with the Products. Details regarding available Subscription plans, including pricing and features, are described on the Website and may be updated from time to time at Casana's sole discretion.

Purchase of a Product and/or creation of an Account does not include ongoing access to the associated web and mobile applications made available by Casana, which require a separate Subscription (as defined below). A Product may function without an active Subscription, but access to certain features, data insights, and functionality requires an active Subscription.

Billing and Payment

Subscriptions and Products are made available for purchase through the Website, which is hosted on Shopify Inc. ("Shopify"). Shopify provides us with the online e-commerce platform that allows us to sell our Products and Subscriptions to you. Shopify also facilitates payment processing via a third-party, such as Stripe or PayPal (as applicable, the "Payment Processor"). If you wish to purchase any Products or Subscriptions made available through the Website (each, a "Purchase"), you agree to provide your payment information at the time you order such Products or enroll in a Subscription. You further represent and warrant to Casana that (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply in connection therewith is true, correct and complete. You agree to have sufficient funds or credit available upon placement of any such Purchase to ensure that all applicable fees will be collectible. Shopify may use any information or data you submit in accordance with its Privacy Policy located at https://www.shopify.com/legal/privacy/app-users, as may be amended from time to time, and the Payment Processor may use any information or data you submit in accordance with its privacy policy. We are not responsible for the performance of any Payment Processor or Shopify. You also authorize Casana to disclose to Shopify and/or the Payment Processor any information related to your Purchase and your use of the payment processing services, subject to our Privacy Policy. By enrolling in a Subscription, you authorize Casana, Shopify, and/or the applicable Payment Processor to charge your selected payment method on a recurring basis at the applicable Subscription rate. All fees are stated in U.S. dollars and are exclusive of any applicable taxes, which are your sole responsibility. You agree to maintain a valid payment method on file and to promptly update payment information if it changes.

Auto-Renewal

Subscriptions automatically renew at the end of each billing period (monthly or annual, as applicable) unless you cancel prior to the renewal date. You will be charged the then-current Subscription rate at renewal. Casana will provide reasonable notice of any material changes to Subscription pricing prior to your next renewal.

Free Trials

Casana may, at its discretion, offer free trial periods for new subscribers. At the end of a free trial, your Subscription will automatically convert to a paid plan and your payment method will be charged unless you cancel before the trial period ends. Only one free trial per household is permitted. Casana reserves the right to determine eligibility for free trials at its sole discretion.

Cancellation by You

You may cancel your Subscription at any time by logging into your Account and following the cancellation instructions, or by contacting Casana at support@casanacare.com. Cancellation will take effect at the end of the then-current billing period, and you will retain access to Subscription features through that date. Casana does not provide refunds or credits for partial billing periods or unused Subscription time, except where required by applicable law or as otherwise expressly set forth herein.

Suspension or Termination by Casana

Casana reserves the right to suspend or terminate your Subscription at any time for violation of these Terms, non-payment, or any other reason at Casana's sole discretion. In the event of termination by Casana without cause, you will receive a prorated refund for any unused portion of your prepaid Subscription period.

Effect of Cancellation

Upon cancellation or termination of a Subscription, you will lose access to Subscription-only features. Your Account and any data retained in accordance with our Privacy Policy will remain accessible in a limited, non-subscription capacity unless you separately request Account deletion. Further, cancellation of a Subscription does not terminate these Terms, which will continue to govern your use of the Website unless otherwise terminated as set forth herein.

California Residents — Automatic Renewal

If you are a California resident, in accordance with California's Automatic Renewal Law (Business and Professions Code §§ 17600–17606): your Subscription will automatically renew as described above; you may cancel at any time as described above; and cancellation of a free trial or Subscription must be made before the end of the then-current period to avoid being charged. To cancel, follow the instructions in your Account settings or contact us at support@casanacare.com.

Termination of these Terms by You

You may terminate these Terms at any time by discontinuing your use of the Website. Termination of these Terms will automatically result in cancellation of any active Subscription and be subject to the terms set forth above in Section 7 that apply in the event of your cancellation of a Subscription.

Termination by Casana: For Cause

Casana may suspend or terminate your access to all or part of the Website and/or Content immediately and without prior notice if you breach these Terms, violate applicable law, fail to pay applicable Subscription fees, or engage in conduct that Casana determines in its sole discretion to be harmful to other users, Casana, or third parties. Such termination may also result in cancellation of any active Subscription, in which case such cancellation will be subject to the terms set forth above in Section 7 that apply in the event of Casana's cancellation of your Subscription for cause. In cases of termination for cause, Casana shall have no obligation to provide a refund for any prepaid Subscription period.

Termination by Casana: Without Cause

Casana may also suspend, terminate, or discontinue access to all or part of the Website and Content without cause. Such termination may also result in cancellation of any active Subscription, in which case such cancellation will be subject to the terms set forth above in Section 7 that apply in the event of Casana's cancellation of your Subscription without cause.

Discontinuation

Casana may, in its sole discretion, discontinue providing the Website, Products, Subscriptions, or any part thereof, with or without notice. In such an event, Casana will make reasonable efforts to provide paying subscribers with advance notice and will honor any prorated refund obligations.

Effect of Termination

Upon termination of these Terms for any reason, your right to access and use the Website will immediately cease. Termination does not affect any rights or obligations that have accrued prior to the date of termination.

Survival

Following termination of these Terms, the following sections will survive: Intellectual Property; Subscription Terms (solely with respect to any outstanding payment and refund obligations); Purchase of Products; Disclaimer of Warranties; No Medical Advice; Limitation of Liability; Indemnification; Export Controls and U.S. Availability; Binding Arbitration and Class Action Waiver; and Miscellaneous, together with all other provisions that by their plain meaning are intended to survive.

Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and Casana, whether arising out of or relating to these Terms (including any alleged breach thereof), the Website and any Products purchased therethrough, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Casana are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief

Pre-Arbitration Dispute Resolution

Casana is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at support@casanacare.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Casana should be sent to support@casanacare.com ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Casana and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Casana may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Casana or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Casana is entitled.

Arbitration Procedures

Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either Casana or you under the AAA Rules, Casana and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Casana will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Casana will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys' fees will be governed by the AAA Rules.

Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply.

Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms to the contrary, Casana agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Website and any Products purchased therethrough, you may reject any such change by sending Casana written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).