Legal Information & Notices
Last updated: November 5, 2023
Please read the following terms and conditions of use (“Terms”) before using Zeno Labz’s product Serenity, a wellness device (“Product”), and before receiving any consulting, training, professional and/or other services (collectively, “Services”). If you do not accept the terms and conditions set forth herein, then please do not use the Product and Services.
These Terms contain very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully. These Terms contain a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
Zeno Labz Product is generally safe for use. However, the Product should not be used by some people. You should not use the Product:
These Terms govern your access to the Product and Services offered by or on behalf of Zeno Labz Inc. (“Zeno Labz” “We” or “Us”). By accessing or using https://zenolabz.com/ (“the Site”) and any related Products or Services, you agree to be bound by these Terms and all of the terms incorporated herein by reference.
You must be 18 years or older to use Zeno Labz’s Product and Services. By accepting these Terms, you represent that you have the legal authority to do so, and that, if you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms. If you do not agree to every provision of these Terms, you may not, and we do not authorize you to, access or use the Zeno Labz’s Product, Services, or any features provided therein.
You should not construe Zeno Labz’s publication of any content found on the Product and Services as an endorsement by Zeno Labz of the views expressed therein, or any warranty or guarantee of any strategy, recommendation, treatment, or action made by the author of such content.
We may update these Terms from time to time. If you do not agree with the changes, you can cancel the Services and/or stop using the Product without further obligation, except for the payment of any amount due for any Product and/or outstanding Services, and terminate these Terms. Any changes or modifications to these Terms will be effective immediately upon posting of the revisions on the Site, and your continued use of the Product and/or Services after such time will constitute your acceptance of such changes or modifications. Any such modifications will not materially increase your risk or financial obligations. You should from time to time review the Terms to understand the terms and conditions that apply to your use of the Product and Services. The Terms will always show the ‘Last Updated' date at the top. If you have any questions about the Terms, please email Us at legal@...
2. Disclaimer - Not a Medical Device
Zeno Labz’s Product is not a medical device. The Product does not have approval from the Food and Drug Administration or certification from Health Canada, and should be used at your own risk. The Product has not been evaluated by the FDA or Health Canada and does not claim to diagnose, treat, cure, or prevent any medical condition. The Product is intended to promote relaxation and assist users in falling asleep faster by delivering a rocking sensation pain free. Always consult your medical doctor regarding any health concerns.
The Product and its accessories are not a substitute for professional health care or advice. We are not responsible for any health problems that may result from recommendations, activities, or other information or events you learn or experience through the use of the Product and other products. For any products or services recommended on the Site, you should carefully read all product packaging and instructions you purchase or intend to purchase. By purchasing the Product and its accessories you agree that you use the Product at your own risk. Information provided on the Site and the use of any Product or Services from the Site or from Us by you DOES NOT create a doctor-patient relationship between you and any of the physicians or health professionals affiliated with Us. The FDA and Health Canada have not evaluated information and statements regarding the Product or Services discussed herein.
Additionally, this information and statements are not intended to diagnose, treat, or cure any disease or other medical condition. We do not offer anything intended to diagnose, cure, treat or prevent any medical, emotional, or physical condition/illness.
All material provided herein is for informative purposes only and you may not construct it as personal medical advice. Hence, you should not take any action based solely on the contents of this information. Instead, readers should consult appropriate health professionals on any matter relating to their health and well-being. The Product and Services are not for the purpose of symptom management or treatment and are not a substitute for any type of therapy or treatment of any symptoms or conditions. ZENO LABZ DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. ANY CONTENT ACCESSED THROUGH THE SITE ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, DRUG INTERACTIONS OR ADVERSE EFFECTS. THE PRODUCT AND SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE PRODUCT AND SERVICES SHOULD NOT BE USED DURING A MEDICAL EMERGENCY OR FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. PLEASE CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION, OR BEFORE TAKING ANY DRUG, CHANGING YOUR DIET, OR COMMENCING OR DISCONTINUING ANY COURSE OF TREATMENT. DO NOT IGNORE OR DELAY OBTAINING PROFESSIONAL MEDICAL ADVICE BECAUSE OF INFORMATION ACCESSED THROUGH THE PRODUCT, SERVICES, OR THE SITE. CALL 911 OR YOUR DOCTOR FOR ALL MEDICAL EMERGENCIES.
For non-urgent, non-medical, further information please contact Zeno Labz at: [insert contact
information]
You may use the Product and Services only if you have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use the Product or Services if you live in a jurisdiction where access to or use of the Product or Services or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Product and Services is lawful, and you must comply with all applicable laws. Zeno Labz reserves the right to request proof of identification and age (for example, proof of your ability to purchase certain items). Zeno Labz ships products to Canada and the United States.
Zeno Labz Product is generally safe for use. However, the Product should not be used by some people. You should not use the Product:
You may want to consult your doctor if you are under treatment by a medical doctor for any psychiatric illness or sleep disorder or if you have any medical neuropsychiatric illness. We do not know how this device might interfere with your treatment. We suggest consulting your healthcare professional before using Serenity by Zeno Labz if you have any medical condition or any concerns regarding the use of such technology.
SUBJECT TO THE TERMS HEREIN, FOR THE PERIOD STARTING ON THE DATE OF RECEIVING YOUR Zeno Labz PRODUCT(S) AND ENDING two (2) years OR A MAXIMUM OF twenty-six (26) months LATER (THE “WARRANTY PERIOD”), WE WARRANT THAT THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS, WORKMANSHIP and DIGITAL COMPONENTS. We do not extend the Warranty Period if we already replace a warranted product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive. This limited warranty extends only to the original purchase of the Product. It does not extend to any subsequent or other owner or transferee of the product.
Our warranty policy covers physical and digital defects. All products purchased through Zeno Labz are covered by this warranty. If a product exhibits physical or digital defects that affect its functioning and this is verified by our customer support team, then a replacement or direct compensation is in line with this Warranty Policy. The Warranty Policy is active for two (2) years after the product is received by the customer, with a maximum extension of twenty-six (26) months. If a defect is verified and replacement approved, a new replacement product will be sent to the customer using the address and shipping instructions of their original order, unless requested otherwise. We offer no replacements or refunds for any products designated on this site as non-returnable. The warranty is not applicable in the following cases:
EXCEPT AS EXPRESSLY STATED IN THIS SECTION FIVE, TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE (i) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY, CONDITION OR OTHER IMPLIED TERM AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND (ii) MAKE NO WARRANTY OR REPRESENTATION REGARDING THE SERVICES, ANY INFORMATION, MATERIALS, GOODS OR SERVICES OBTAINED THROUGH THE SERVICES OR THE SITES, OR THAT THE SERVICES WILL MEET ANY OF YOUR REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
ZENO LABZ DOES NOT REPRESENT OR WARRANT THAT THE PRODUCT OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED. ZENO LABZ DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PRODUCT OR SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE PRODUCT AND SERVICES IS AT YOUR SOLE RISK. ZENO LABZ DOES NOT WARRANT THAT YOUR USE OF THE PRODUCT OR SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION. ZENO LABZ SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.
BY ACCESSING OR USING THE ZENO LABZ PRODUCT OR SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE PRODUCT OR SERVICES.
Unless otherwise indicated in writing by Us, ZenoLabz, Serenity Services, including the mobile application and all content and materials contained therein, including but not limited to any ZenoLabz service marks, logos, designs, text, graphics, images, information, data, software, and other files, as well as their selection and arrangement (collectively, "Content"), are the exclusive property of ZenoLabz or our licensors, as applicable, and are protected by Canadian law.
Subject to these Terms, ZenoLabz grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable right to access, use, and control the Serenity Services and Content through the Serenity mobile app. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the Serenity Services or Content under these Terms, or any other rights beyond using the Serenity Services in accordance with the rights granted by and subject to all terms, conditions, and restrictions outlined in these Terms.
You do not have any right to, and you shall not, directly or indirectly: (a) sell, resell, or use commercially the Serenity Services or Content, (b) distribute, publicly perform, or publicly display the Serenity Services or any Content, (c) modify or create derivative works of the Serenity Services or Content or any portion thereof, (d) employ data mining, robots, or similar data gathering or extraction methods, (e) download (except for page caching) any part of the Serenity Services or Content except as expressly permitted by us, (f) use the Serenity Services for any unlawful purposes, including stalking, threatening, or violating the rights of others, such as privacy or rights of publicity, (g) interfere with the Serenity Services or the servers or networks used in connection with the Serenity Services, or (h) use the Serenity Services or Content for any purposes other than those they are intended for, including the treatment of sleep onset insomnia.
Any use of the Serenity Services or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will result in the termination of the right to access and use granted herein. Such unauthorized use may also infringe on applicable laws, including, but not limited to, copyright and trademark laws, as well as relevant communication regulations and statutes. Except as expressly permitted herein, nothing in these Terms shall be interpreted as granting any right or license to any patent, trademark, copyright, or other proprietary rights of ZenoLabz or any third party, whether by estoppel, implication, or otherwise.
You will not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying any Content, and you will not reproduce, modify, adapt, create derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit any Content.
ZenoLabz reserves the right, in our sole discretion, to modify, suspend, or discontinue, temporarily or permanently, the Serenity Services (or any features or parts thereof) at any time.
To the fullest extent permitted by applicable law, in no event shall the maximum aggregate liability of Zeno Labz arising out of or in any way related to Serenity or any related products or services exceed the contract price. This includes liability for indirect, special, incidental, or consequential damages of any kind, including, but not limited to, loss of revenue, income, or profits, loss of use or data, loss or diminution in value of assets or securities, or damages for business interruption, arising out of or in any way related to the access to or use of the ZenoLabz Services (including User Content and links to third-party websites), or the order, receipt, or use of any product or service, or otherwise related to these Terms, regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive, or imputed), or any other legal or equitable theory, even if ZenoLabz has been advised of the possibility of such damages and regardless of whether such damages were foreseeable.
To the fullest extent permitted by applicable Ontario law, in no event shall the maximum aggregate liability of ZenoLabz arising out of or in any way related to the ZenoLabz Services exceed the contract price. The foregoing limitations shall apply even in the event your remedies hereunder fail of their essential purpose, and the foregoing shall constitute ZenoLabz's sole liability and obligation in respect hereto.
All users of this site agree that access to and use of this site are subject to the following Terms and Conditions and other applicable laws.
By using these Sites, you agree that Ontario law will govern these Terms and conditions and that any legal action arising out of this Agreement shall be litigated and enforced under the laws of Ontario. You also agree that any legal disputes arising out of or in relation to this agreement to provide products, recordings, materials, or services, or pertaining to those products, recordings, materials, or services or in relation to information from the websites or materials shall be resolved through binding arbitration with the Canadian Arbitration Rules, with such arbitration being held in Canada.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use the ZenoLabz Services at any time and for any or no reason, and you acknowledge and agree that in such event we shall have no liability or obligation to you.
The following conditions may lead to the termination or suspension of your account:
Zeno Labz and its employees and contractors do not accept, review or consider any unsolicited ideas, works, materials, proposals, suggestions, artwork, content or the like, including for advertising campaigns, promotions, products, services, technologies, product enhancements, processes, marketing strategies, product names, content or creative materials (all of the foregoing “submissions”). Please do not send or provide any submissions in any form to Zeno Labz or any of its employees or contractors.
The purpose of this policy is to avoid potential misunderstandings or disputes when Zeno Labz’s products, services, technologies, advertising, promotions, marketing strategies or content might seem similar to submissions provided to Zeno Labz. If, despite our request that you not send us your submissions, you still submit them, then regardless of what your correspondence says, the following terms will apply to your submissions.
You agree that: (1) your submissions and their contents along with related intellectual property rights will automatically become the property of Zeno Labz, without any compensation to you; (2) Zeno Labz may use or redistribute the submissions and their contents for any purpose and in any way on an unrestricted basis; (3) there is no obligation for Zeno Labz to review the submissions; and (4) there is no obligation to keep any submissions confidential.
Zeno Labz does, however, welcome your feedback regarding many areas of Zeno Labz’s existing business. If you want to send us feedback, we request that you use the forms located at www.zenolabz.com/contact, where you can provide feedback. Please provide only specific feedback on Zeno Labz’s existing products, services and marketing strategies using those forms; and do not send or provide any submissions other than using those forms.
Any feedback you provide at this site will be deemed to be non-confidential and not proprietary. Zeno Labz will be free to use and redistribute such information on an unrestricted basis, without any compensation to you.
