1.PREAMBLE AND ACCEPTANCE
Welcome to Agen Com Pte Ltd (“Company”, “we”, “us”, or “our”), a company incorporated under the laws of the Republic of Singapore. These Terms and Conditions (“Terms”) govern your access to and use of our websites, mobile applications (iOS and Android), wearable technology integrations, software, hardware products (including the Agen Robot), and related services (collectively, the “Services”).
IMPORTANT NOTICE: THESE SERVICES ARE PROVIDED "AS IS" AND DO NOT CONSTITUTE MEDICAL ADVICE.
By accessing, downloading, or using the Services, you (“User”, “you”, or “Partner”) agree to be bound by these Terms. If you do not agree to these Terms, you must immediately discontinue use of the Services.
2.MEDICAL DISCLAIMER
2.1No Medical Advice or Diagnosis
The Services, including any insights, data, AI-generated suggestions, or reports provided by Agen Com Pte Ltd, are for informational, educational, and wellness purposes only. They are NOT intended to substitute for professional medical advice, diagnosis, or treatment.
2.2Not an FDA-Cleared Medical Device
The software and algorithms used by Agen Com Pte Ltd have not been reviewed, cleared, or approved by the U.S. Food and Drug Administration (FDA), the European Medicines Agency (EMA), or the Singapore Health Sciences Authority (HSA) for the diagnosis, cure, mitigation, treatment, or prevention of any disease or medical condition.
2.3Consultation with Professionals
Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read or accessed through the Services.
2.4Emergency Situations
If you think you may have a medical emergency, call your doctor or your local emergency services immediately. Agen Com Pte Ltd does not monitor your vital signs in real-time for emergency purposes.
3.USER ACCOUNTS AND ELIGIBILITY
3.1Eligibility
The Services are strictly intended for adults.
General Age Limit: You must be at least 18 years of age to use the Services.
EEA Users: If you are in the European Economic Area (EEA), you must be at least 16 years old.
No Minors: By using the Services, you represent and warrant that you meet these age requirements. If you are under the required age, you are not permitted to use the Services, even with parental consent.
3.2Account Security
You are responsible for maintaining the confidentiality of your login credentials. You accept responsibility for all activities that occur under your account.
3.3Global Access
Although the Services are accessible worldwide, they are not intended for use by any person or entity in any jurisdiction or country where such use would be contrary to law or regulation.
4.COMMERCIAL TERMS
4.1Subscriptions and Auto-Renewal
Billing Cycle: Certain products are available on a subscription basis (“Subscription”). Subscriptions are billed in advance for each delivery cycle, at the discounted price shown when you subscribed.
Auto-Renewal: Your Subscription renews automatically at the end of each cycle until you cancel it. You may skip, pause, reschedule or cancel at any time before the next billing date from your account, with no minimum number of deliveries and no cancellation fee.
Effect of Cancellation: Cancelling stops future deliveries. It does not cancel an order that has already been billed and dispatched; that order is governed by our Return & Refund Policy.
Price Changes: We reserve the right to modify subscription fees. Any price change takes effect following notice to you and applies to the next billing cycle.
4.2Returns and Refunds
Our Return & Refund Policy forms part of these Terms and sets out the full conditions, process and timelines. In summary:
Agen Robot, Agen Band, other wearables and accessories: returnable within thirty (30) days of delivery, in like-new and complete condition.
Supplements: returnable within fourteen (14) days of delivery, sealed and unopened only, for health and safety reasons.
Return shipping: you pay return postage for a change of mind, and the original outbound shipping charge is not refunded. We pay return shipping and refund in full where an item is defective, incorrect or damaged in transit.
Consumers in the European Union and the United Kingdom: you additionally have a statutory right to withdraw from your purchase within fourteen (14) days of receiving it, without giving a reason, as described in our Return & Refund Policy. Nothing in these Terms limits that right.
Software and digital services: purchases of software, digital integrations and app subscriptions are final and non-refundable, except where a refund is required by applicable consumer law or where a Subscription is cancelled as described in section 4.1.
CAROL Bike: sold and fulfilled by CAROL through CAROL’s own checkout. Delivery, installation and returns for that product are governed by CAROL’s terms, not by these Terms.
4.3Limited Hardware Warranty
We warrant that the Agen Robot, Agen Band, and other Agen-branded wearables and accessories will be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of original delivery (“Warranty Period”).
Remedy: If a hardware defect arises and a valid claim is received within the Warranty Period, we will repair the device or replace it with a new or refurbished unit of equivalent functionality, at our discretion. We cover the shipping cost on confirmed warranty claims.
Exclusions: This warranty covers manufacturing defects only. It does NOT cover: (a) accident, abuse, misuse, liquid ingress beyond the device’s rating, fire, or earthquake; (b) operating the device outside the permitted or intended uses described by Agen Com Pte Ltd; (c) normal wear and tear or cosmetic damage (e.g., scratches, dents, straps and seals); or (d) devices purchased from a reseller we have not authorised.
Claim Process: To obtain warranty service, contact our support team at support@agen.com with your order number and a description of the issue. Proof of purchase is required.
Statutory Rights: This warranty is provided in addition to, and does not limit, your rights under applicable consumer law. In particular, goods sold to consumers in the European Union and the United Kingdom carry a two-year legal guarantee of conformity.
4.4Payment Methods and Processors
Payments are handled by PCI DSS compliant third-party payment processors. Depending on your country you may pay by major credit or debit card, or with Apple Pay, Google Pay, PayPal or Shop Pay; the methods available to you are shown at checkout. By making a purchase you agree to the applicable processor’s terms. We never receive or store your full card details.
4.5Partner Program
If you join our Partner Program (whether as a referrer, reseller, integrator, or health coach):
Status: You act as an independent contractor, not an employee or agent of Agen Com Pte Ltd.
Agreement: Your participation is governed by these Terms AND a separate Partner Agreement. In the event of a conflict regarding commissions, margins, or specific commercial duties, the Partner Agreement shall prevail.
Conduct: You are strictly prohibited from making medical claims about Agen Com Pte Ltd products. You agree to indemnify Agen Com Pte Ltd for any liability arising from your misrepresentations to end-users.
5.USE OF SERVICES AND RESTRICTIONS
5.1License Grant
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial use (unless you are an authorized Partner).
5.2Wearables and Integrations
The Services may integrate with third-party devices (e.g., smartwatches, Oura rings, continuous glucose monitors).
We do not guarantee compatibility with every device model.
You acknowledge that data accuracy depends on the third-party hardware, over which we have no control.
5.3Prohibited Conduct
You agree NOT to:
Reverse engineer, decompile, or disassemble the software.
Use the Services to violate HIPAA, GDPR, or any privacy laws.
Upload viruses or malicious code.
Use the Services for any unlawful purpose or to solicit others to perform unlawful acts.
6.DATA PROTECTION AND PRIVACY
6.1Singapore PDPA
As a Singapore-based company, we comply with the Personal Data Protection Act 2012 (PDPA). We collect, use, and disclose your personal data in accordance with our Privacy Policy.
6.2GDPR (European Union Users)
If you are located in the EU/EEA:
For consumer use of the Services, Agen Com Pte Ltd is the Data Controller of your personal data — including your account information, the health and wellness data you provide or connect, environmental data from Agen devices, and usage data — because we determine the purposes for which it is processed. Health data is processed on the basis of your explicit consent, which you may withdraw at any time.
Where we process personal data on behalf of a business customer — for example a clinic, coach, employer or Partner who determines the purposes of that processing — we act as a Data Processor for that customer and process the data on their documented instructions under a written data processing agreement.
You have the right to access, rectify, delete, restrict, object to, and port your data, and to lodge a complaint with your supervisory authority.
6.3HIPAA (United States Users)
If you are in the US, you acknowledge that while we implement security measures consistent with HIPAA standards (encryption, access controls), unless explicitly stated in a separate Business Associate Agreement (BAA) with a healthcare provider, your use of the App is as a consumer, and standard consumer privacy laws apply.
6.4International Data Transfers (Data Location)
You acknowledge and agree that your data, including personal and health information, is currently hosted on servers located in the United States.
Cross-Border Transfer: By using the Services, you explicitly consent to the transfer of your data to the United States and potentially other jurisdictions where our service providers operate.
Protection Standards: We take reasonable steps to ensure your data is treated securely and in accordance with this Privacy Policy and applicable laws, regardless of where it is processed.
7.INTELLECTUAL PROPERTY
The Services, including but not limited to source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics, are owned by Agen Com Pte Ltd and are protected by copyright, trademark, and other intellectual property laws.
8.LIMITATION OF LIABILITY AND DISCLAIMERS
8.1"AS IS" and "AS AVAILABLE"
EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY PROVIDED IN SECTION 4.3 FOR HARDWARE PRODUCTS, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Nothing in this section excludes or limits any right or remedy you have as a consumer that cannot be excluded or limited under the law of your country of residence, including the statutory guarantees described in section 4.3.
8.2Limitation of Liability
IN NO EVENT SHALL AGEN COM PTE LTD, ITS DIRECTORS, EMPLOYEES, OR PARTNERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR HEALTH COMPLICATIONS, ARISING FROM YOUR USE OF THE SERVICES.
8.3Liability Cap
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
9.INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (1) your use of the Services; (2) breach of these Terms; or (3) your violation of the rights of a third party (including privacy rights).
10.GOVERNING LAW AND DISPUTE RESOLUTION
10.1Governing Law
These Terms shall be governed by and defined following the laws of the Republic of Singapore.
10.2Dispute Resolution
Amicable Resolution: Parties agree to first attempt to resolve any dispute informally for at least thirty (30) days.
Jurisdiction: Any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the courts of Singapore.
International Arbitration Option: For disputes exceeding $50,000 USD involving parties outside of Singapore, Agen Com Pte Ltd reserves the right to refer the dispute to arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of the SIAC.
11.APP STORE TERMS
11.1Apple and Google
These Terms are between you and Agen Com Pte Ltd only, not with Apple Inc. or Google LLC. You acknowledge that Apple and Google have no obligation to furnish any maintenance or support services.
12.CHANGES TO TERMS
We reserve the right to modify these Terms at any time. We will alert you about any changes by updating the "Last Updated" date of these Terms. Continued use of the Services constitutes acceptance of the updated Terms.
13.CONTACT US
Agen Com Pte Ltd
8 Temasek Boulevard #30-01/02 Suntec Tower 3, Singapore 038988
Email: support@agen.com
Phone: +65 8422 1901
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