Terms of Service

Updated 13th August 2026

Overview

These Terms of Service (“this Agreement”) lay out the terms and conditions that apply to your access and use of the Carv website located at www.getcarv.com and your purchase and use of Carv products, including our mobile applications, each owned and operated by “Motion Metrics Limited” (referred to in this Agreement as “Carv”, “we", “us”, “our”), and the services available thereon (including the accompanying applications, APIs, hardware, software, firmware and services), referred to collectively as “Carv Services”.

These terms apply however you access Carv Services, including whether you download the application from the Apple App Store or Google Play, and whether or not you purchase Carv hardware. If you purchase a subscription or other digital content through the Apple App Store or Google Play, the additional terms in the section "Purchases Through App Stores" below also apply and take precedence over any conflicting billing terms in this Agreement or the Pass Terms.

BY PLACING AN ORDER OR USING CARV SERVICES, YOU ACCEPT AND ARE BOUND BY THIS AGREEMENT. Please note the following with respect to this Agreement:

  • THIS AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR OBLIGATIONS AND LIMITATIONS OF YOUR RIGHTS WITH RESPECT TO CARV. PLEASE READ IT CAREFULLY.
  • THIS AGREEMENT CONTAINS IMPORTANT SAFETY TERMS ABOUT CARV FEATURES, INCLUDING THAT AI OUTPUTS ARE SUGGESTIONS ONLY AND THAT YOU SKI AT YOUR OWN RISK. PLEASE READ IT CAREFULLY.
  • THIS AGREEMENT REQUIRES THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN CLASS ACTIONS OR JURY TRIALS.
  • SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY OR WARRANTY DISCLAIMERS SO SOME OR ALL OF THE LIMITATIONS OR DISCLAIMERS IN THIS AGREEMENT MAY NOT APPLY TO YOU.

This Agreement is between you and Motion Metrics Limited – if you do not accept them, please do not use our products or services.

If you need to contact us, please see our contact us page or our registered office address.

About You

To use Carv Services, you must be of legal age (the age of majority) in the jurisdiction in which you live. You may not use Carv Services if you are less than 16 years of age. If you are older than 16, but not of legal age, then your parent or legal guardian may apply for an account on your behalf and authorise you to use that Account and Carv Services under their supervision. In those circumstances, your parent/guardian is fully responsible and liable for your compliance with this Agreement and for your use of Carv Services.

The ways that we use the personal information that you provide or we collect when you use Carv Services, and the cookies on our website, are set out in our Privacy Policy. If you do not accept our Privacy Policy, please do not use Carv Services.

If we need to contact you, we will use the contact details you have provided us.

Carv is not a medical device. Your actions while using our products are at your own discretion and risk. You should ask a medical professional before starting a new exercise routine, particularly if you have a heart condition or other medical condition.

Our Website, App Store Listings, and Marketing Content

While we aim to keep our website, app store listings, and marketing materials up to date, we cannot guarantee that the information in them is accurate, complete or current. This material is provided for general information only, and any reliance on it is at your own risk. We reserve the right to modify this content at any time, but we have no obligation to update it. We have made every effort to display the colours, images, and performance of our products and services as accurately as possible, but we cannot guarantee that these representations will be exact. This section applies however you access or purchase Carv Services, including through the Apple App Store or Google Play.

Carv Online Store – Terms Of Sale

This section sets out the terms of sale for purchases made through www.getcarv.com, including ordering, payment, shipping, returns, and warranty. It does not apply to purchases made through the Apple App Store or Google Play (see "Purchases Through App Stores" below).

Ordering

On placing an order at www.getcarv.com, we will ask you to provide personal and payment information. We may conduct a fraud check in connection with the payment transaction. You will receive an order confirmation email from us, but this does not mean we have accepted your order. We may decide not to accept orders at our discretion. Once you place your order, we will allocate stock to your purchase, but no contract for sale will be binding until payment is received and the order is fulfilled and dispatched from our warehouse.

Price/Payment

Prices on www.getcarv.com are shown in GBP, USD, EUR, CAD or AUD. Prices for our products are subject to change without notice. GBP pricing is shown inclusive of taxes (including VAT). EUR pricing is shown inclusive of taxes (providing delivery address is within the EU). USD, AUD, and CAD pricing is shown exclusive of sales tax, which may be added at the checkout, once your delivery address is confirmed. If your delivery address is not in the UK, EU or USA, it may be necessary for you to pay import duties or sales taxes once a shipment reaches your country. These import duties and sales taxes are your responsibility.

We are not responsible for any additional charges applied by your card issuer or bank or payment method provider as a result of our processing of your payment. If your credit/debit card or payment method is not denominated in the currency of your purchase as shown on www.getcarv.com, the final price may be charged in a different currency from that of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider.

We are unable to apply two discounts or run two promotions simultaneously.

Changing Orders

After an order has been made on www.getcarv.com, it may not be possible to alter it. If you would like to make a change to your order (e.g. change of address or size, or if it is no longer needed), please email support@getcarv.com. If the order has not been dispatched, we will try to change it. Otherwise, please wait for delivery and return it to us as required in our Returns Policy, and place a new order if required.

Pre-orders

Carv accepts pre-orders for items that are out of stock. Pre-orders will be dispatched once the items are in stock, on a first come first served basis. We cannot guarantee a dispatch date for any order. Orders with multiple units will be dispatched when all units for that order are in stock. You may cancel your pre-order up to the dispatch without giving any reason and receive a full refund. To do so, please contact us through support@getcarv.com. After dispatch, please refer to our Returns Policy.

Shipment

Once accepted, your order will be shipped to you from our warehouse. Shipping and delivery dates are estimates only and cannot be guaranteed. Your shipment will be sent via a recorded delivery service and we accept responsibility for damage to or loss of your order during shipment, except under the following two circumstances: a) You choose to change the service such that your order is left somewhere unattended or no longer requires a signature. In this instance, responsibility for the order passes to you at the moment the change to the service is made. This would NOT include changing your service for a new address or to a UPS Access Point or similar if a signature were still required; b) Your delivery address requires an unrecorded service, including but not limited PO boxes, military post boxes. In which case, responsibility for the order passes to you once the unit leaves the warehouse with the carrier. Once your order is delivered at the delivery address provided by you, it becomes your responsibility.

Returns Policy

If you are not satisfied with your purchase from www.getcarv.com, please refer to our Returns Policy for more details.

Warranty Policy

Carv warrants the included hardware of all our products. Please refer to our Warranty Policy for more details.

Carv Terms Of Use

Use At Your Own Risk

While we aim to provide useful and reliable information through our websites and applications, we cannot guarantee its accuracy and it is not meant to be of a standard of a medical or scientific measurement device.

We are not responsible for the accuracy, reliability, availability, effectiveness or correct use of information provided to you while using our products and services. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTY OF ANY KIND THAT OUR PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

OUR PRODUCTS AND SERVICES ARE NOT MEDICAL DEVICES AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.

What you do while using our products and services is at your own discretion and risk.

If you have a heart condition or other medical condition, we suggest you ask a medical doctor before starting an exercise routine.

We do not assume and will not have any liability or responsibility to you or any other person or entity for any third-party content. Third-party content and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Our products have built-in rechargeable batteries. Refrain from using our product if it appears that the battery is damaged or unusually hot. Do not attempt to remove any battery, do not charge it other than in accordance with our user guide, and do not dispose of it except in accordance with applicable law.

YOU UNDERSTAND AND ACCEPT THAT SKIING AND OTHER SNOW PURSUITS (SUCH AS SKI RACING OR TELEMARK) CARRY INHERENT RISKS OF INJURY OR DEATH, INCLUDING FROM FALLS, COLLISIONS, WEATHER, TERRAIN, EQUIPMENT FAILURE, AND OTHERS’ ACTIONS. YOU ARE SOLELY RESPONSIBLE FOR YOUR DECISIONS, SPEED, LINE CHOICE, AND CONDUCT ON SNOW.

You must use Carv only when it is safe to do so and in accordance with all instructions and warnings.

Carv may use algorithmic or artificial intelligence (“AI”) systems to analyse skiing data and generate performance insights or feedback. These systems are assistive only and are not a substitute for personal judgment, instruction, or professional coaching.

Carv’s features do not make safety, health, or medical decisions, and the information they provide should not be relied upon to prevent accidents or injuries. You remain solely responsible for how you ski and for evaluating the conditions, terrain, and your own ability at all times.

AI Features and Coaching Suggestions - Important Safety Terms

Carv Services include features powered by algorithmic and artificial intelligence systems, including machine learning models and large language models ("AI Features"). These include real-time audio coaching, performance analysis, drills, and conversational coaching tools. Some AI Features are provided using third-party AI service providers, as described in our Privacy Policy.

AI Features are automated suggestions, not instructions. Content and information provided by an AI Feature is generated automatically. It is a suggestion only. It is never an instruction, a direction, or a statement that any run, terrain, speed, manoeuvre, or technique is safe, open, or suitable for you.

AI Features do not know the conditions or your true ability. They have no knowledge of the actual snow conditions, visibility, weather, ice, crowding, obstacles, closures, avalanche risk, your fatigue, your injuries, your equipment, or how you are actually skiing in the moment. Their assessment of your ability level may be wrong.

You must never follow an AI suggestion without your own independent judgment. Before acting on any output of an AI Feature, you must independently assess the terrain, the conditions, other people around you, and your own ability, experience, fitness, and equipment on the day. You must at all times comply with resort rules, trail ratings, signage, closures, and the instructions of ski patrol and mountain staff. If an AI Feature suggests anything that conflicts with any of those, or with your own judgment or comfort level, do not follow it.

You acknowledge that AI Features may produce suggestions, including suggestions to attempt particular runs, terrain, speeds, drills, or techniques, that are not appropriate for your ability or the conditions. YOU AGREE THAT ANY DECISION TO ACT ON, ATTEMPT, OR FOLLOW ANY OUTPUT OF AN AI FEATURE IS YOUR DECISION ALONE, MADE AT YOUR SOLE RISK AND BASED ON YOUR OWN INDEPENDENT JUDGMENT, AND THAT YOU ASSUME ALL RISKS ARISING FROM THAT DECISION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CARV WILL NOT BE LIABLE FOR ANY INJURY, DEATH, LOSS, OR DAMAGE OF ANY KIND ARISING FROM OR IN CONNECTION WITH ANY OUTPUT OF AN AI FEATURE, OR YOUR DECISION TO FOLLOW OR NOT FOLLOW IT, INCLUDING WHERE THE OUTPUT SUGGESTED, ENCOURAGED, OR REFERRED TO A RUN, TERRAIN, SPEED, MANOEUVRE, OR TECHNIQUE THAT WAS BEYOND YOUR ABILITY OR UNSUITABLE FOR THE CONDITIONS, AND INCLUDING WHERE THE OUTPUT WAS INACCURATE, INCOMPLETE, OR MISLEADING.

Nothing in this section excludes or limits any liability that cannot be excluded or limited under applicable law, including (for consumers in the United Kingdom and European Union) liability for death or personal injury caused by our negligence.

AI Features do not provide medical, safety, avalanche, or professional ski instruction advice, and are not a substitute for qualified in-person instruction, mountain guiding, mountain safety services, or medical consultation.

Where AI Features allow you to submit questions or other content, you must not submit content that is unlawful, infringes third-party rights, or includes another person's personal data without their permission. You are responsible for your inputs. AI Features may respond to what you tell them; if you give an AI Feature inaccurate information about your ability, experience, health, or circumstances, its suggestions will be less suitable for you, and you bear the consequences of decisions made on that basis.

Because of the nature of AI, similar inputs may produce similar outputs for other users, and you acquire no exclusive rights in any output.


Registration; Collection And Use Of Your Information

To use Carv Services, you will need to register in the app, setting a username and password. You agree to provide true and complete information when registering. You are responsible for any use of Carv Services with your username and password. By downloading, installing, using, and providing information to or through Carv Services, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

Availability

While we do not commit to provide any particular functionality or to continue to provide updates, we also reserve the right to conduct maintenance or improvements on our applications or websites, during which times they may be temporarily unavailable. We reserve the right at any time to modify or discontinue Carv Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of Carv Services.

Right Of Use

We hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the software and mobile applications accompanying our products and to use the software embedded in our products for your personal, non-commercial purposes.

You are not permitted to do or attempt to do (or help others to do or attempt to do) any of the following:

  • use, display, mirror, or frame our websites or applications or any individual element within them, including the layout and design of any page, without our express written consent
  • use the Carv logo, or any of our proprietary information without our consent
  • access or tamper with non-public areas of our websites or applications or computer systems, or the technical delivery systems of our service providers
  • test the vulnerability of our system or breach any security or authentication measures
  • circumvent any technological measure implemented by us or any of our service providers or any other third party (including another user) to protect our websites and applications
  • access our websites or applications using any mechanisms other than those provided by us or
  • modify, decompile, disassemble, reverse-engineer, or tamper with any software we make available to you or any other part our products or services.

The term of your license commences when you access or install our software or mobile applications and will continue in effect until terminated by you or us. You may terminate your license by deleting and ceasing to use our software and mobile applications. We may terminate the license at any time without notice if we cease to support the software or mobile applications, which we may do at our sole discretion. In addition, we may terminate your license immediately and automatically without any notice if you violate any of this Agreement.

Membership

If your Carv purchase came with a Pass as part of the purchase, you are furthermore bound by the Pass Terms, which form part of these Terms of Service.

If you purchased your subscription through the Apple App Store or Google Play, the "Purchases Through App Stores" section below applies to billing, renewal, cancellation, and refunds in place of any conflicting provisions of the Pass Terms.

Carv may offer additional promotions or discounts related to Passes from time to time. Please read the details of those offers carefully, as any additional terms presented to you during the signup process will form part of these Pass Terms. Unless specified in writing, all discount offers that require a payment are non-refundable. Any free trial or other promotions must be used within the specified time frame of the trial or promotion. You may be required to have a valid payment method on file in order to initiate a free trial; in this case, if you do not cancel before your free trial ends, your account will be converted to a paid Pass and will be charged in accordance with these Pass Terms.

Purchases Through App Stores

Where you purchase a subscription, Pass, or other digital content through the Apple App Store or Google Play (an "App Store Purchase"), the following applies:

Billing. Payment is collected by Apple or Google (not Carv) and is subject to the payment terms of the relevant app store. The price shown at the point of purchase in the app store is the price you will pay, and may differ from prices shown on our website.

Renewals and cancellation. App Store Purchases renew automatically unless cancelled through your Apple ID or Google Play account settings at least 24 hours before the end of the current period. You cannot cancel an App Store Purchase by contacting Carv support, through the Carv website, or by emailing us - cancellation must be made through the relevant app store.

Refunds. Refunds for App Store Purchases are handled by Apple or Google under their refund policies, and Carv cannot issue refunds for purchases made through an app store. To request a refund, use reportaproblem.apple.com (Apple) or the Google Play order history (Google).

Price changes. If we change the price of a subscription purchased through an app store, you will be notified in accordance with the relevant app store's rules and, where required, asked to consent before the new price applies.

Apple as third-party beneficiary. If you downloaded the app from the Apple App Store, you acknowledge that: (a) this Agreement is between you and Carv only, not Apple, and Carv (not Apple) is solely responsible for the app and its content; (b) Apple has no obligation to provide maintenance or support for the app; (c) in the event the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the app (if any), and to the maximum extent permitted by law Apple has no other warranty obligation; (d) Apple is not responsible for addressing any claims by you or a third party relating to the app, including product liability, regulatory, or consumer protection claims; (e) Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce it against you; and (f) you represent that you are not located in a country subject to a US Government embargo and are not on any US Government prohibited or restricted parties list.


Your Content

We may provide the functionality for you to share content, including but not limited to information about yourself, your use of our products, or related content such as photos, videos or data (all of it “Your Content”) with other users of our products via our websites or applications.

When you share Your Content, you hereby grant us a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, publicly display or perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media. See our Privacy Policy for more details.

Your Content is your responsibility. You represent and warrant to us that:

  • You own Your Content or you have all rights necessary to grant us a license to use it.
  • Your Content, the use and sharing of Your Content on our websites and applications, and your use of our websites and applications will not: (i) infringe any other person’s intellectual property rights or rights of privacy; (ii) contravene, or encourage conduct that contravenes, any applicable law or regulation or give rise to civil liability; (iii) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) encourage discrimination, bigotry, racism, hatred, harassment, or harm against any person; (f) be violent or threatening or encourage actions that are violent or threatening to any person; or (g) encourage others to engage in illegal or harmful activities or substance abuse.
  • You will not upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content.
  • You will not use or attempt to use another user’s account without authorization, or impersonate any person or entity, nor will you harvest, solicit, or collect information of other users for any purpose, including but not limited to sending unsolicited communications.
  • You will not post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake.
  • You will not use our websites or applications in any way which is objectionable or restricts or inhibits any other person from using our products and services, or which may expose us or our users to harm or liability of any kind.

We reserve the right to alter, remove, or refuse to display any of Your Content, and to prohibit you from sharing Your Content via our websites and applications.

Public Visibility and Community Features

Some Carv Services include leaderboards and community features. If you participate, certain information - such as your username, profile photo, Ski:IQ and similar scores, resort, and ski-day statistics - may be visible to other users. You can control your visibility in the app settings.

If you give the app permission to access your photo library, Carv can access photos and upload them to our servers so we can include them in your session summaries and related Carv Services. If your photos include other people, you are responsible for making sure you have their permission before sharing with Carv.

Refer a Friend Program

The refer a friend program allows Carv Members to share unique codes with their friends to enable them to claim a discount on qualifying Carv hardware and memberships. Carv Members must be active subscribers, who have recorded at least one session with Carv. The discount will be applied to the initial membership, not the yearly renewal price in future years. Referral discounts cannot be used in conjunction with another discount unless otherwise specified.

As a Carv Member you can earn rewards by referring multiple friends to Carv. You earn more prizes by referring more people and can claim your reward each time you get to the qualifying number of referrals. Claiming a reward will not affect your purchase. Carv maintains the right to change the rewards at any point in the future should they see fit.

For a referral to be recognised a friend must make a purchase of qualifying Carv hardware and membership. If the person you refer decides to cancel or return their order, the referral will be deducted from your account.

By taking part in this program you agree that you will not share your referral link or referral codes on, but not limited to, social media platforms, open forums, public message boards and advertisements. Carv maintains the right to revoke and block referrals which break this policy. In extreme cases Carv maintains the right to withdraw a user from participation in the program if they are deemed to be abusing the program or engaging in behaviour which could cause reputational damage to the Carv.

Rewards will be fulfilled once the referrals have been verified as authentic and do not break any of the rules on sharing codes. Timelines for fulfilment are at Carv’s discretion and may vary throughout the season but we endeavour to dispatch the rewards as soon as possible.

Our Referral Program operates on an annual cycle, resetting each year to provide fresh opportunities to participate and earn rewards. Here’s how it works:

  1. Annual Refresh of Referral Tiers: Each year, the referral tier structure resets, allowing participants to begin a new cycle toward higher tiers and rewards. Upon reaching certain referral milestones, you can unlock exclusive rewards that correspond to each tier level.
  2. Retention of Previously Earned Rewards: Even as the program refreshes, any rewards earned during prior cycles remain claimable. You are eligible to retain all rewards you’ve earned, and you may redeem them at any time in accordance with our program guidelines.
  3. Tracking New Progress: Each program year, you start with a clean slate for referral milestones. This means that as you refer new participants, your progress toward tiered rewards will be calculated based on referrals made within the current program year.
  4. Program Duration and Updates: The referral program cycle begins on October 1st and ends on September 30th each year. Terms of the program, including the tier structures and types of rewards, are subject to updates, which will be announced at the beginning of each cycle to provide clarity and ensure a positive experience for all customers.

By participating each year, you can take advantage of new referral opportunities, enjoy a fresh set of rewards, and help grow our community.


Other Important Legal Terms

Intellectual Property

Our products and services are protected under national and international intellectual property laws. We hereby claim all copyright in Carv Services.

Limitation Of Liability; Time For Making Claims

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR CARV SERVICES, AND UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OCCASIONED BY YOUR USE OF, OR INABILITY TO USE, CARV SERVICES.

WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CARV WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, INJURY, OR DEATH ARISING FROM YOUR DECISIONS, INCLUDING DECISIONS INFLUENCED BY ANY OUTPUT OF CARV SERVICES OR AI FEATURES.

NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF YOU ARE A CONSUMER, NOTHING IN THIS AGREEMENT AFFECTS YOUR STATUTORY RIGHTS.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR OUR PRODUCTS OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Indemnity by You

TO THE EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CARV AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND CONTRACTORS FROM ANY THIRD-PARTY CLAIM, DAMAGE, LOSS, LIABILITY, COST, AND EXPENSE (INCLUDING REASONABLE LEGAL FEES) ARISING OUT OF: (I) YOUR BREACH OF THESE TERMS; (II) YOUR NEGLIGENT OR UNLAWFUL CONDUCT ON SNOW; OR (III) YOUR CONTENT OR EQUIPMENT MISUSE; EXCEPT TO THE EXTENT CAUSED BY CARV’S NEGLIGENCE, DEFECT, OR WILLFUL MISCONDUCT.

This clause does not limit your non‑waivable consumer rights.


Applicable Law, Arbitration Requirement, Jury Trial Waiver, And Class Action Waiver

This Agreement, the relationship between you and Carv and all related matters will be governed by, and construed and interpreted solely in accordance with, the laws of England & Wales, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Any dispute shall be referred to and finally resolved by arbitration under the London Court of International Arbitration. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, England, and the language of the arbitration shall be English. Any award rendered in an arbitration is final and binding and judgment on the award may be entered in any court having jurisdiction for its enforcement. Notwithstanding the foregoing, Carv may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction and you agree that this Agreement is specifically enforceable by Carv through injunctive relief and other equitable remedies without proof of monetary damages.

WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO CARV SERVICES AND/OR THIS AGREEMENT, TO THE EXTENT NOT PROHIBITED OR LIMITED BY THE LAWS IN YOUR JURISDICTION: (A) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (B) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.

Miscellaneous

This Agreement constitutes an agreement between you and us. No other person acquires any rights as a result of your purchase and/or use of Carv Services, except that Apple and its subsidiaries are third-party beneficiaries as described in "Purchases Through App Stores" above.

If part of this Agreement is found to be invalid, the remaining provisions will remain in force.

We reserve the right to assign or otherwise transfer our rights and obligations under this Agreement.

Notwithstanding any other provision of this Agreement, Carv will not be liable for any delay in performing, or failure to perform, any of its obligations under this Agreement to the extent performance is delayed or prevented due to any cause or causes that are beyond Carv’s control. Any delay or failure of that kind will not be a breach of this Agreement by Carv, and the time for Carv’s performance of the affected obligation will be extended by a period that is reasonable in the circumstances.

We reserve the right to modify this Agreement at any time without prior notice by posting the latest version of this Agreement on our website. Your continued use of Carv Services after a posted change in this Agreement will constitute your acceptance of any such changes. If you do not accept the changes, you should cease using Carv Services.

Except as provided in the above paragraph, this Agreement may only be amended or modified in writing (excluding email) signed by our authorised representative. Our not enforcing any of this Agreement does not waive any of our rights.

This Agreement, our Privacy Policy, our Returns Policy, our Warranty Policy, and our Membership Terms set forth the final and complete agreement between you and us relating to our website, mobile application, products, and services.

Our registered office address is:
Motion Metrics Ltd
410 China Works,
100 Black Prince Road,
London, SE1 7SJ,
United Kingdom