Terms of service

These Terms of Use ("Terms") were last updated on February 2021.

1. WELCOME TO THYNC
1.1. Our Products and Services
1.2. Rules for using the Product
1.3. Energy Leak Disclaimer
2. PRICE AND SUBSCRIPTION
2.1. Additional limits on pricing and product availability
3. MEDICAL RESTRICTIONS
4. PAYMENTS AND ORDERING PROCEDURES
4.1. Payments
4.2. Delivery and ordering procedures
4.3. Title. Risk of loss
5. RETURN POLICY
6. SHIPPING. CHARGES AND TAXES
7. ACCOUNT
8. SOFTWARE AND TRADEMARKS
9. THE SITE`S CONTENT
9.1. The Site`s Disclaimers
10. LINKS TO THIRD PARTY WEBSITES
11. GIVEAWAY TERMS
12. MARKETING POLICY
13. MISCELLANEOUS LEGAL TERMS
13.1. Binding Agreement
13.2. Disclaimer of Warranties
13.3. Limitation of Liability
13.4. Indemnification
13.5. Governing Law and Jurisdiction
13.5.1. Statutory Rights. Notice To California Residents
13.6. Actions at law and Notices
13.7. Relationship
13.8. Assignment
13.9. Severability
13.10. Void provisions by an act of law
14. ARBITRATION AND DISPUTE RESOLUTION
14.1. Arbitration Agreement
15. PRIVACY
16. TERMS UPDATING. SITE MODIFICATION
17. CONTACT INFORMATION

1. WELCOME TO THYNC

The following Terms and Conditions (the “Agreement”) is a legal contract between you, an individual customer ("You" or "Customers"), and THYNC GLOBAL, INC. located at 3790 El Camino Real PMB 883 Palo Alto, CA 94306 (“We” or “THYNC”) regarding Your purchase of products (“Feelzing”, "Products"/ “Services”) sold by THYNC on our website or other websites associated with THYNC (collectively, "Site") or through a representative or sales agent of THYNC.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES.

BY ACCESSING OR USING THE SITE THE PRODUCTS AND THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, PLEASE DO NOT ACCESS OR USE THE SITE.

1.1. Our Products and Services

Feelzing is a first-of-its-kind disposable neurostimulation patch that improves energy, focus, and motivation for up to four hours by activating your own nervous system. Feelzing comes to life on contact when the patch is placed behind the ear. Each patch delivers two, five-minute energizing sessions.

The technology in Feelzing patch uses a patterned stimulation waveform to stimulate cranial nerves with specific signals. This specific stimulation pattern triggers a response in the automatic nervous system that restores autonomic balance when you lack energy or motivation or alertness. The underlying principles of this waveform were inspired by the past century of discoveries by neuroscientists, but the specific patterns that make the waveform comfortable, effective, and enjoyable were developed by our scientists through five years of internal research and development.

Each session using the Feelzing patch provides one dose of the company’s proprietary, patterned electric waveform that activates the autonomic nervous system via three peripheral nerves: greater auricular, lesser occipital, and vagus. The specific stimulation pattern triggers a response in the autonomic nervous system that increases activation while maintaining balance across the sympathetic and parasympathetic nervous systems. This stands in contrast to alternative therapies for mental energy and focus, where users run the risk of experiencing anxiousness and jitters with an overactive sympathetic system, or “crashes” and apathy due to an overactive parasympathetic system.

The underlying principles of this waveform were inspired by a century of discoveries by neuroscientists, and the specific patterns that make the waveform comfortable, effective, and enjoyable were developed by the scientists at THYNC after five years of internal research, testing, and development.

1.2. Rules for using the Product

To use the Feelzing correctly, you need to cleanse your skin behind the ear. For best results, use water or soap and water. Using alcohol can dry the skin out, which may increase the impedance to Feelzing action.
Pull tab and place the Feelzing patch behind the ear as close as possible to the mastoid. This is the area right behind your ear, in between your ear and your hairline. If you take three fingers and move them up to your neck so you feel the back of your ear with one side, and the hairline with the other, you are in the right position.

Avoid putting on hair as the patch’s gel adhesive will not stick as well. Avoid putting on the ear as the patch will turn on and may be uncomfortable.

Feel 7-minute stimulation

The stimulation provides a strong sensation, especially for first-time users. Descriptions vary from a “strong tingle” to an “electric massage.” The pulses you feel will change during the seven-minute stimulation, that’s the proprietary pattern of the electric waveform changing shape.

Focus and energize for up to 4 hours.

Potential uses for Feelzing include work, working out, family time, and hobby time. Users describe the effect as improved mental clarity, focus, motivation, and energy. If the patch is uncomfortable to the point of being painful, take it off, wet the skin, and reapply. Discomfort comes from skin impedance being so high that the current has trouble passing through the pores in the skin.

Re-wrap patch for 2nd use. Use within the next 24 hours. For the second use, peel away the outer gel layer and reapply. Feel free to use on either side of the neck. Make sure to use the patch for the second time within 24 hours.

1.3. Energy Leak Disclaimer

Some Products may have a small energy leak issue from the moment you’ve activated the Product for the first time. Therefore, we recommend using the Product for the second session within 24 hours from the previous session in order to avoid the Product deactivation prior to the second session. We disclaim any liability for the Product’s deactivation due to such an energy leak issue detailed above.

2. PRICE AND SUBSCRIPTION

We provide Feelzing on one-time purchase and subscription terms.

The subscription fee for the Services will be billed at the beginning of the paying portion of your subscription and each month thereafter ("Billing") depending on your selected billing terms unless and until you cancel your subscription. We automatically bill you each month or year on the calendar day corresponding to the commencement of your paying subscription ("Extension Date"). Your Extension Date is subject to change due to subscription changes. All monetary transactions and applicable taxes on the Site take place in U.S. dollars.

We reserve the right to change the timing of our billing.

In case of an unsuccessful attempt to write off funds from the user's account at the time of the automatic write-off, the automatic write-off may be repeated until the successful withdrawal of funds (not more than 3 times).

All monetary transactions on the Site take place in U.S. dollars.

In the event your paying subscription began on a day not contained in a given month, we may bill you on a day in the applicable month or such other day as we deem appropriate.

As used in these Terms, "Billing" means a charge, debit, or other payment clearance, as applicable, against your payment method.

THYNC may change the price for subscriptions from time to time and will communicate any price changes to you in advance. Price changes for subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use your subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by canceling your Subscription before the price change goes into effect. Please, therefore, make sure you read any such notification of price changes carefully.

2.1 Additional limits on pricing and product availability

Pricing, specifications, and availability are valid in the continental United States, Alaska, and Hawaii only and are subject to change without notice. Taxes, fees, shipping, handling, and any applicable restocking charges, other than free shipping if applicable, are extra and vary. Discounts cannot be retroactively applied. Supplies are limited to stock on hand. Available configurations may vary. The Site, and any offers contained herein, are valid only for fixed-price items purchased on the Site. Offers listed on the Site are not valid for resellers and/or online auctions. THYNC reserves the right to cancel orders arising from typographical or mathematical errors. With supplies limited, THYNC reserves the right to cancel any orders in which the payment method used is not authorized within two (2) business days of order creation. All orders are subject to cancellation by THYNC, at our sole discretion.

3. MEDICAL RESTRICTIONS

NOTHING offered by Us is intended to diagnose, cure, treat, or prevent any medical, emotional, or physical condition/illness All material herein is provided for information only and may not be construed as personal medical advice. No action should be taken 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. Our Products 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. PRODUCT IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTH CARE OR MEDICAL 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 our Products. You agree that you use the Product at your own risk. Information provided herein and the use of any Product by You DOES NOT create a doctor-patient relationship between you and any of the physicians or health professionals affiliated with Us. Information and statements regarding devices discussed herein have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, or cure any disease.

Products Intended for general wellness use only and are not medical devices per Section 201(h) of the Food, Drug, and Cosmetic Act.
Products:
• are not recognized in the official National Formulary, or the United States Pharmacopoeia, or any supplement to them,
• are not intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease, in man or other animals, or
• are not intended to affect the structure or any function of the body of man or other animals, and which does not achieve its primary intended purposes through chemical action within or on the body of man or other animals and
• are not achieve its primary intended purposes through chemical action within or on the body of man or other animals and which is not dependent upon being metabolized for the achievement of its primary intended purposes.

Products are not for the purpose of symptom management or treatment of Attention Deficit Hyperactivity Disorder (ADHD) or Concentration Deficit Disorder (CDD).

Our goal is to provide useful Products and Services, but we make no endorsement, representation, or warranty of any kind about any information, services, or recommendations made available on the Site. The accuracy of the data collected and presented through the Site is not intended to match that of medical devices or scientific measurement devices. Feelzing is not intended to diagnose or treat any disease or medical condition. If you have a medical or heart condition, consult your doctor before using the Feelzing. You should not use the Feelzing if you:
• are not capable of giving consent;
• are a woman who is pregnant or possibly pregnant (neurostimulation has not been thoroughly studied in pregnant women);
• have an active, implanted medical device such as a pacemaker, defibrillator, or another neurostimulator;
• have a skull defect (i.e., plate in the skull or previous reconstructive skull surgery) or any implant in the portion of the skull overlying the brain (neurocranium); or
• have a history of seizures.

Furthermore, Feelzing should not be used in any way contrary to the instructions for use provided by THYNC. Feelzing and its components should not be used over broken skin.

If you experience a medical emergency, stop using Feelzing and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the Site. If you engage in any program you receive or learn about through the Site you agree that you do so at your own risk and are voluntarily participating in these activities.

Please note the following important information regarding the Product:
The Product may have the following most common side effects:
- Local skin irritation
- Discomfort
- Skin numbness
- Skin redness
Less common but possible side effects include:
- Allergic skin reaction to electrode materials
- Tension-type headache
- Vasovagal syncope
- Dizziness
- Nausea

We may also want to include contraindications (people who should not use the product) such as the following:
We are not aware of pre-existing medical conditions aggravated by the use of the Product, however, We recommend you consult your physician if you have any concerns before using the Product. We recommend you to not use Product if you have a cardiac pacemaker, implanted defibrillator, active implant in the head, or other implanted metallic or electronic device (it might lead to focal discomfort, however, might not be a hard contraindication).

4. PAYMENTS AND ORDERING PROCEDURES

4.1. Payments

The Site currently uses third parties to process payments. Our third-party payment processors may accept payments through one or more of the following: various credit or debit cards or third-party payment services such as PayPal, Apple pay, Stripe (for credit card), etc.

4.2. Delivery and ordering procedures

By placing an order through our Site, You represent and warrant that you are legally capable of entering into binding contracts and are at least 18 years old. In addition, if you are buying any Products on behalf of an organization, you represent and warrant that you have the authority to bind that organization to this Agreement. Our order process allows You to check and amend any errors before submitting your order to us. Please take the time to read and check your order on each page of the order process. After placing an order, You will receive an "Order Confirmation" e-mail from us acknowledging that We have received Your order and containing details of the order made. You are required to promptly notify us of any inaccuracy or error in the terms of any Order Confirmation. All orders are subject to acceptance by THYNC and We will confirm such acceptance to You by sending you an e-mail that confirms that the Product has been dispatched (this constitutes the “Dispatch Confirmation”). If We are unable to supply You with a Product, for example, because that Product is not in stock or no longer available or because of an error in the price on the Site, We will inform you of this by e-mail and We will not process your order. If you have already paid for the Products, We will refund you the full amount as soon as possible.

Please keep in mind that any Subscription automatically renews unless you’ve provided us with a cancellation notice four days before the end of the current billing period. If you contact us after the 4 day grace period and are charged for the next billing period, you have the right to request a refund (up to 5% restocking fee). We have the right to respond to your cancellation notice with an offer of free patches or a discount. We have the right to extend your subscription in case you do not decline our offer of free patches or a discount.

Currently, we may offer eight variants of our product as a one-time purchase or a subscription: (i) 2-Pack of Feelzing Energy Patches; (ii) 4-Pack of Feelzing Energy Patches; (iii) 12-Pack of Feelzing Energy Patches; (iv) 15-Pack of Feelzing Energy Patches; (v) 24-Pack of Feelzing Energy Patches; (vi) 30-Pack of Feelzing Energy Patches; (vii) 36-Pack of Feelzing Energy Patches, and (viii) 45-Pack of Feelzing Energy Patches. If you choose a subscription plan you can choose between three delivery intervals: 15 days, 30 days, 60 days.

All order processing occurs on business days only, which are Monday through Friday, from 9 am to 4 pm EST. Orders placed on Saturdays, Sundays, holidays, or after 4 pm EST are processed the next business day. All packages are delivered Monday through Friday.

Stock items ship out within 24 - 72 hours unless otherwise noted and they will arrive according to the level of shipping requested by the customer.

We currently offer two domestic shipping options and two international shipping options. They are:

Domestic:

USPS FIRST CLASS DOMESTIC (delivery time, delivery cost, and other conditions you can find on the USPS website).

USPS PRIORITY MAIL EXPRESS DOMESTIC (delivery time, delivery cost, and other conditions you can find on the USPS website).

International:

DHL EXPRESS (delivery time, delivery cost, and other conditions you can find on the DHL website).

UPS Worldwide Expedited® and UPS® Standard (delivery time, delivery cost, and other conditions you can find on the UPS website).

We only ship internationally to these countries listed below:

Hong Kong SAR, Singapore, Austria, Belgium, Bulgaria, Croatia, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine (except for the Autonomous Republic of Crimea), United Kingdom, South Africa, Costa Rica, Panama, U.S. Outlying Islands, Australia, New Zealand, Canada, Mexico, Russia, China, India, Brazil, Japan, Philippines, South Korea.

4.3. Title. Risk of loss

Title to the Products (other than any software that may be included in the Product) passes from THYNC to You upon shipment from THYNC. Loss or damage that occurs during shipping by a carrier selected by You (e.g., a return of Product for refund, exchange, or repair) is Your responsibility.

If the Product gets lost or damaged while being delivered internationally (e.g the delivery is to Germany and the product is stuck in the UK), We disclaim any responsibility and We will not make any refunds for such events. In such an event You should contact the shipping provider.

For both domestic shipping and international, If the shipping tracking says “delivered” but the Customer claims he didn’t receive it - we are not responsible for the delivery service.

5. RETURN POLICY

If you're not satisfied with your purchase, just email us at contact@feelzing.com, return your patches within 45 days from the date of delivery and we will issue a refund. Any Month-to-Month Subscription cancellation is not prorated. If You have used not more than 50% of your purchased Pack, You need to send us back the rest of the Product, making sure that the packaging isn’t damaged and looks perfect to be resold. Once We get the mentioned product back, We will make a decision to refund if everything matches our requirements listed above. Refunds are issued only for unused Packs. If you have used more than 50% of your purchased Pack, you are not eligible for a refund. Orders of $80+ may incur a 50% restocking fee. Please note that 2-Packs are not eligible for a refund.

You can expect to receive your refund within 4 (four) weeks of shipping your package back to us. In many cases, you will receive a refund sooner, but we estimate 4 (four) weeks based on these factors:

- The time required for return shipping;

- Product inspection at our return facility;

- Processing from your financial institution.

6. SHIPPING. CHARGES AND TAXES

Separate charges for shipping and handling will be assessed on all Products. You are responsible for sales and all other taxes associated with the purchase, however, designated, except for THYNC’ franchise taxes and taxes on THYNC’s net income.

If the Product is shipped internationally, the Customer shall be responsible for customs charges, taxes, fees, VAT, and other costs/expenses arising out from the shipping of the Product.

7. ACCOUNT

By using the Site, including but not limited to purchasing the Products, and by supplying Us with all the information required to create an account on the Site, you acknowledge that you have read, understood, and agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink, and affirm that you are over the age of 18. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind the entity and its affiliates to this Agreement. To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register an account on the Site is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. We may, in its sole discretion, confirm or otherwise verify or check, the truth and accuracy of any registration information provided by You. You hereby covenant and guarantee to provide Us only the truthful and valid information regarding your identity and location. In case We or a third-party payment provider requests you to prove your identity and location, you shall reply within 2 (two) business days from the day of request and provide valid proof of your identity and location. If at any time We, in Our sole judgment and discretion, determine your registration information to be misleading, inaccurate, or untruthful, We may restrict, deny or terminate your account, your access and use of, and/or any benefits derived from the Site. In such a case, We may also withhold payment of any refunds that may be or become due or payable to you. If you choose or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement. You will be allowed to create only 1 (one) account by using your own identity and/or legal information; any additional account must be expressly preapproved with Our representative in writing. If at any time We become aware of more than one account related to the same private individual or legal entity, created to deceive Us or Our partners, We may restrict, deny or terminate such accounts and/or any benefits derived from such accounts. You may terminate your account at the Site at any time. If We believe that you breached any provision of this Agreement, We reserve the right to suspend your account immediately. The account can later be restored if the situation is resolved amicably.

8. SOFTWARE AND TRADEMARKS

Any software that is included in the Products is licensed and not sold to You and such software is subject to the additional written terms included in the Product. Title to any software that may be contained in or a part of the Products will remain with THYNC or the applicable licensor(s). You agree to comply with any software licenses that accompany any Products or software provided by THYNC.

The THYNC name and logos are trademarks and service marks of THYNC (collectively the “THYNC Trademarks”). Other THYNC product, and service names and logos used and displayed via the Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to THYNC. Nothing in these Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of THYNC Trademarks displayed on the Site, without our prior written permission in each instance.

9. THE SITE`S CONTENT

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to THYNC, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including "mirroring") to any other computer, server, the Site or other medium for publication or distribution or any commercial enterprise, without THYNC’s express prior written consent.

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. THYNC reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any THYNC server, or any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms or to solicit the performance of any illegal activity or other activity that infringes the rights of THYNC or others.

9.1. The Site`s Disclaimers

THYNC DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THYNC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THYNC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY THYNC PRODUCTS AND SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST THYNC FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of, or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

THYNC reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

10. LINKS TO THIRD PARTY WEBSITES

The Site may contain links to websites and resources provided by third parties for your convenience. We have not reviewed and are unable to review all such third party websites and resources. You acknowledge and agree that we are not responsible for the availability of such external websites and resources and the content on them, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, goods, or services available on or through any such websites. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

The Site may provide, or third parties may provide, links or other access to other sites and resources on the Internet. THYNC has no control over such sites and resources and THYNC is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that THYNC will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Site are between you and the third-party, and you agree that THYNC is not liable for any loss or claim that you may have against any such third party.

11. GIVEAWAY TERMS

NO PURCHASE OF THE PRODUCT IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

Customer MUST have an actual address to ship to.

You must be 18 years or older and submit your name and email in the relevant form in order to participate in the giveaway.

One winner will be selected in a random drawing among all eligible entries received via the relevant form every Sunday. Each winner will receive 12-Pack patches of Feelzing for free. Winners will be notified via email and be contacted by THYNC directly.

By entering the giveaway, you agree to receive promotional materials from THYNC. You can unsubscribe by the link in the email.

Automated or robotic Entries submitted by individuals and/or organizations will be disqualified. Online entry must be made by the Customer. Any attempt by the Customer to obtain more than the stated number of Entries by using multiple/different email addresses, identities, or any other methods will void that Customer’s Entries and such Customer may be disqualified. Customers are required to submit their name and email for participation only once and such participation shall be automatically extended on the following month, no resubmitting required.

Privacy: the Customer acknowledges that if they are chosen as a winner, a certain portion of their personally identifying information may be disclosed to third parties at least as required by law, including, without limitation, on a winner's list.

Social Disclaimer: Customers should understand that they are providing their information to THYNC and not to Facebook, YouTube, or Twitter. Our promotions are in no way sponsored, endorsed or administered by, or associated with Facebook, YouTube, Twitter, Instagram, Amazon, or anyone else.

12. MARKETING POLICY

THYNC`s marketing will not encourage or condone the excessive or rapid consumption of Feelzing.

THYNC’s marketing will not say that larger doses or excessive use of the Feelzing will produce a better or have a stronger effect.

THYNC’S labeling and marketing will not make claims using language specifically targeted to those under 18.

THYNC will not buy advertising directly targeted at audiences that are more than 35% under 18 years of age.

THYNC will not feature child or teen-oriented animated or licensed characters in advertising or any other promotional activities.

THYNC will not market energy patch products in K-12 schools or any other institutions responsible for this age group. This commitment includes school-related events or activities.

THYNC will not sell its energy patch products in K-12 schools or any other institutions responsible for this age group. This commitment includes school-related events or activities.

THYNC will not sample energy patch products in or within the immediate vicinity of K-12 schools or any other institutions responsible for this age group.

13. MISCELLANEOUS LEGAL TERMS

13.1. Binding Agreement

You agree that by registering, accessing, or using our Site, you are agreeing to enter into a legally binding contract with THYNC. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.

These Terms (including any agreements and policies linked to these Terms) constitute the entire agreement between you and us.

If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.

13.2. Disclaimer of Warranties

Our warranty is intended to cover defective Products. We warrant our products to be free from defects in material and workmanship for a period of 2 months from the date of the original purchase.

EXCEPT FOR THE LIMITED WARRANTY IN THE DOCUMENTATION PROVIDED WITH CERTAIN PRODUCTS SOLD BY THYNC, PRODUCTS ARE SOLD ON AN “AS-IS” AND “WITH ALL FAULTS” BASIS. THYNC HEREBY DISCLAIMS ALL OTHER WARRANTIES, WHETHER STATUTORY EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY, AVAILABILITY, UNINTERRUPTED USAGE, LACK OF VIRUSES, AND NON-INFRINGEMENT. If an implied warranty is created under applicable law, and cannot be (or has not been) effectively disclaimed by THYNC in this Agreement, THYNC hereby limits the term of any such implied warranty to ninety (90) day period following the sale to You.

The Site and the Products are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Products or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from the use of the Product. Your use of the Products (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

We may decide to cease making available certain features of the Products at any time and for any reason. Under no circumstances will THYNC or its affiliates, suppliers, partners, or agents be held liable for any damages due to such interruptions or lack of availability of such features.

We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

Your use of the Site is at your sole risk. Except as otherwise expressly provided herein, THYNC expressly disclaims all warranties of any kind, whether express, implied, or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

THYNC makes no warranty that (i) the service will meet your requirements, (ii) the Site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Site will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet will be free of viruses or other destructive code. you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. you expressly understand and agree that your use of the Site, its Content, and any Services obtained through the Site is at your own risk. Neither THYNC nor its affiliates, providers, or its and their respective officers, directors, partners, shareholders, employees, contractors, agents, licensors, suppliers, service providers, advertisers, instructors, staff, successors, or assigns (each, a "THYNC party" and collectively, "THYNC parties") make any representation or warranty concerning the completeness, security, reliability, quality, accuracy or availability of the Site. Further, THYNC nor THYNC parties represent or warrant that (a) the Site, Content, Services, Courses, links, goods or services procured through the Site or any transactions entered into as a result of your use of the Services will meet your requirements, expectations or needs, or achieve the intended purposes; (b) the Services will be uninterrupted, timely, secure or error-free; (c) the Site is free of viruses or other harmful components; (d) the Site, Content, Courses, or Services will be accurate, complete, current, error-free, completely secure or reliable; (e) the Site, Content, and Services will be compatible or continue to be compatible with any specific device; (f) you will be able to transmit and receive information from or through the Site; or (g) defects in or on the site or online courses will be corrected.

To the maximum extent permitted by law, THYNC and THYNC parties expressly disclaim any and all warranties, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, or fitness for a particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

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.

The information, statements and products provided on this Site have not been evaluated by the Food and Drug Administration. It is not intended to diagnose, treat, cure, or prevent any disease.

13.3. Limitation of Liability

THYNC DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH IN THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THYNC WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION OR OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS, EVEN IN THE EVENT OF THYNC’S FAULT AND EVEN IF THYNC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THYNC’S SOLE LIABILITY FOR ANY CLAIMS, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), AT LAW OR IN EQUITY, FOR ANY LOSS OR DAMAGES ARISING, RESULTING FROM, OR CONNECTED WITH THE PRODUCTS, THE WEBSITES AND THIS AGREEMENT SHALL BE LIMITED TO THE PURCHASE PRICE PAID BY YOU TO THYNC FOR THE PRODUCTS THAT ARE THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply and You may have additional rights to those contained herein.

To the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential or exemplary damages (including without limitation reasonable attorneys' fees, expenses, and court costs, expense loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance as well as arising out of or relating to (a) these Terms; (b) your (or any third party's) use of or inability to use the Services, Site or Courses; (c) data loss; (d) your placement of any material on Site; (e) your reliance upon information obtained from or through Course, Site or any website linked to or from the Services; (f) cost of procurement of substitute products and Services; (g) unauthorized access to or alteration of your transmission or data; or (h) any other potential claims related to the Site, Services, even THYNC has been advised of the possibility of those damages. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the six (6) months before the event giving rise to your claims.

Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.

ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE PRODUCTS/SERVICES MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.

13.4. Indemnification

If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless THYNC, our group companies, and their officers, directors, suppliers, partners, and agents from against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party as well as related to Content that you post or information you otherwise make available to us or through the Services, including, without limitation, any claim of infringement or misappropriation of intellectual property or other proprietary rights. Your indemnification obligation will survive the termination of these Terms and your use of the Services.

13.5. Governing Law and Jurisdiction

When these Terms mention “THYNC” “we,” “us,” “our”, they’re referring to the THYNC entity that you’re contracting with. These Terms will be construed in accordance with the laws of the State of California without regard to its conflict of law principles.

If you’re accessing our Services, you’re contracting with THYNC GLOBAL, INC., and these Terms are governed by the laws of the State of California without reference to its choice or conflicts of law principles. In cases where the “Dispute Resolution” section below doesn’t apply to you, you consent to the exclusive jurisdiction and venue of federal and state courts in the State of California.

13.5.1. Statutory Rights. Notice To California Residents

As a consumer, you may have additional legal rights in relation to any Products that are faulty or not as described.

NOTICE TO CALIFORNIA RESIDENTS: If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing, currently at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone, currently at (800) 952-5210 in order to resolve a complaint regarding our Site or to receive further information regarding the use of our Site.

13.6. Actions at law and Notices

No action, regardless of form, arising out of or relating to these Terms may be brought by either party more than one (1) year after the cause of action has accrued, except where this limitation cannot be imposed by law.

Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to support@feelzing.com).

13.7. Relationship

You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

13.8. Assignment

These Terms of Service are personal to you, and You may not assign or transfer these Terms (or the rights and licenses granted under them). We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable.

13.9. Severability

If any provision of this Agreement shall be illegal, invalid, or unenforceable to any extent under applicable law, such provision shall be fully severable. The remainder of this Agreement will remain in full force and effect and will not be terminated.

13.10 Void provisions by an act of law

THYNC administers and operates the Site from its location, California USA; other THYNC sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products, or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. THYNC reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

14. ARBITRATION AND DISPUTE RESOLUTION

14.1 Arbitration Agreement

By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against THYNC on an individual basis in arbitration, as outlined in this arbitration agreement. This will preclude you from bringing any class, collective, or representative action against THYNC, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against THYNC by someone else.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND THYNC, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "THYNC") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com, or via telephone at 1-800-474-2371). In the event of any inconsistency or conflict between NAF Code of Procedure and this Agreement, this Agreement shall control. The arbitration will be limited solely to the dispute or controversy between You and THYNC. The individual (non-class) nature of this dispute provision goes to the essence of the parties' arbitration agreement, and if found unenforceable, the entire arbitration provision shall not be enforced. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. THYNC will be responsible for paying any arbitration fees to the extent such fees exceed the amount of the filing fee for initiating a claim in the small claims or similar court in the state in which you reside. Each party shall pay for its own costs and attorneys' fees if any. However, if any Customer prevails on any claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO ARBITRATION, YOU ARE AGREEING TO GIVE UP RIGHTS TO SEEK REMEDIES IN COURT, INCLUDING THE RIGHT TO A JURY TRIAL; YOUR ABILITY TO COMPEL OTHER PARTIES TO PRODUCE DOCUMENTS OR BE EXAMINED IS MORE LIMITED THAN IN A LAWSUIT IN COURT AND YOUR RIGHTS TO APPEAL OR CHANGE ANY ARBITRATION AWARD IN ANY COURT ARE STRICTLY LIMITED.

15. PRIVACY

For information regarding how THYNC collects, uses, and discloses Your personal information, please see the THYNC Privacy Policy.

16. TERMS UPDATING. SITE MODIFICATION

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and THYNC reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account. Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our Site and Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

THYNC reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that THYNC will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

17. CONTACT INFORMATION

You may contact THYNC as follows:

Thync Global Inc.

3790 El Camino Real PMB 883 Palo Alto, CA 94306

Telephone: (408) 484-4808

Email: contact@feelzing.com

Thync Global, Inc ©2022 All rights reserved. FeelZing device is not a medical device and is not intended, marketed, or sold as an alternative treatment for any medical condition or disease. This website does not endorse FeelZing as an alternative treatment for any medical condition or disease. FeelZing is for healthy individuals (ages 18 years and older) and is for recreational use only. Please check our terms and conditions for additional information.