- The Service. The ORA Solution provides an alert system between the Wearer of the ORA Device and the Users who have downloaded the App and have been added to the Wearer’s network of individuals to whom alerts can be transmitted, and who will have access to the data and information about the Wearer that is collected by the ORA Solution and displayed in the App (the “Network”). The ORA Device is a wearable device that can be attached to jewelry, belts and other accessories, and which can be activated by the Wearer by pushing the activation button. Once activated, the ORA Device will use Bluetooth technology to transmit an alert to the App installed on the Wearer’s mobile device and the App will then transmit the alert to the Network until one member of the Network responds to the Alert. If no one of the Network responds, the Wearer`s phone will dial 9-1-1 after two (2) minutes. If the Wearer inadvertently locks their phone or closes the App after an alert has been activated and is not cancelled, the ORA Device will re-open the App, and will instruct the Wearer`s phone to call 9-1-1 one (1) minute after the expiry of the initial two (2) minute countdown if 9-1-1 has not yet been dialed. At any point during the emergency, the Wearer can escalate the call to 9-1-1 or cancel the alert (as applicable). When a Network member responds, the alert automatically stops. The App also provides the Network and the Wearer with certain information about the Wearer’s activity levels. The App only works in connection with an active subscription. Once the subscription terminates, the ORA Device will cease transmitting data to the App and the Network.
- Registration. You must be at least thirteen (13) years old to use the Service. Before you can use the Service you must download and install the App and register for an account. When you register for an account, you will be required to provide your name, select a username and provide mobile phone number. You also have the option to add additional information to your User profile, including a profile picture. You will also be required to select a password. You are responsible for all the activity that occurs on Your account, so please select a strong password and do not share it with anyone. If you discover or suspect that Your account has been compromised, please notify us immediately at email@example.com. You shall be responsible for obtaining access to the Website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website. It is Your responsibility to ascertain whether any information or materials downloaded from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
- Creating a Network. The Wearer of the ORA Device will be able to invite individuals to join the Wearer’s Network.
- Content. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website or App by Users (“User Content”), is the sole responsibility of such Users. This means that the User, and not Kasiel, is entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Kasiel does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will Kasiel be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the ORA Solution and Service.
In using the Website, the ORA Solution and/or Service You shall not:
- copy any content unless expressly permitted to do so herein;
- upload, post, email, transmit or otherwise make available any material that:
- is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
- You do not have a right to make available under any law or under a contractual relationship;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
- is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any Users of the Website or that compromises a User’s privacy; or
- contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
- impersonate any person or entity or misrepresent their affiliation with a person or entity;
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- intentionally or unintentionally violate any applicable local, provincial, state, national or international law or regulation;
- collect or store personal data about other Users except to the extent that such information is transmitted from the Wearer to the Network;
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website, the ORA Solution or the Service; or
- modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the the App or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
You also agree not to access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.
- License of Content. By submitting, posting or displaying User Content on or through the Service, You grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content for the purpose of providing the Service. Kasiel will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that You have all the rights, power and authority necessary to grant the rights granted herein to any User Content that You submit.
- End User License. Except for User Content, the ORA Solution, this Website, and the information and materials that it contains, are the property of Kasiel and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, Kasiel grants You a non-transferable, non-exclusive, license to (a) use the Website for Your use, and (b) download, install and use one copy of the App on a mobile device that You own or control for Your use (the “License”). The App is licensed to You and not sold. Nothing in these Terms gives You a right to use the Kasiel names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website or the App shall be subject to the terms of these Terms.
- Feedback. If You provide Kasiel with any suggestions, comments or other feedback relating to any aspect of the Website, the App and/or Service ("Feedback"), Kasiel may use such Feedback in the Website or in any other Kasiel products or services (collectively, "Kasiel Offerings"). Accordingly, You agree that: (a) Kasiel is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Kasiel, (c) Kasiel (including all of its successors and assigns and any successors and assigns of any of the Kasiel Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Kasiel Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Kasiel or any of the other Users of the Website in respect of the Feedback.
- Advertising. You acknowledge and agree that the Website and App may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that Kasiel shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the Website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website. It is Your responsibility to ascertain whether any information or materials downloaded from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
- Links and Third-Party Websites. This Website (including User Content) may contain links to other websites that are not owned or controlled by Kasiel. In no event shall any reference to any third party, third-party product or service be construed as an approval or endorsement by Kasiel of that third party, third-party product or service. Kasiel is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and/or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that Kasiel endorses or accepts any responsibility for the content or use of such websites, and You hereby release Kasiel from all liability and/or damages that may arise from Your use of such websites or receipt of services from any such websites.
- If you download the App from a third party platform provider (e.g. the AppStore, GooglePlay, etc.) (“Platform Provider”), you acknowledge and agree to the following additional terms:
- This Agreement is concluded solely between you and us and not with the Platform Provider, and that we, not the Platform Provider, are solely responsible for the App and the content thereof. To the extent this Agreement provides for usage rules for the App which are less restrictive or in conflict with those of the Platform Provider, the more restrictive or conflicting term of the Platform Provider’s usage rules shall take precedence and shall apply;
- The Platform Provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify the Platform Provider, and the Platform Provider will refund the purchase price of the App to you and to the maximum extent permitted by applicable law, the Platform Provider will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility;
- We, not the Platform Provider, are responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App , including, but not limited to: (i) product liability claims; (ii) any claim that the Appfails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation.; and/or (iv) intellectual property infringement claims;
- The Platform Provider, and the Platform Provider’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, the Platform Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof; and
- You represent and warrant that you will comply with all applicable laws in purchasing and using the product, including without limitation, all applicable export laws, rules and regulations, in all applicable jurisdictions, and additionally, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- ORA Solution Disclaimer. The use of the ORA Solution requires the Wearer and each of the members of the Network to have a smartphone. It is Your responsibility to ensure that Your smartphone functions, has cellular service and a data plan, is Bluetooth enabled (if you are the Wearer), is charged and is properly maintained, and fit for use in connection with the ORA Solution. You acknowledge and agree that the 9-1-1 related capabilities of the ORA Solution are configured for use only with Canadian and U.S. 9-1-1 systems and have not been tested for interoperability with emergency response telephone systems in other jurisdictions. Accordingly, the 9-1-1 related capabilities of the ORA Solution may not work when You are travelling outside of Canada and the United States. Kasiel shall not be liable in any way whatsoever for any losses, injuries, or other harms or damages that You, the Wearer or any members of the Network may incur, including property damage, bodily injury or death as a result of (i) such individual’s failure to maintain their smartphone, ensure the smartphone is charged, and to use the ORA Device in accordance with the specifications set forth in any documentation provided with the ORA Device, or (ii) any attempts to use the 9-1-1 related capabilities of the ORA Solution in jurisdictions outside of Canada or the United States. You should read all safety notices and instruction manuals included in any documentation provided with the ORA Device before using the ORA Solution. You understand and agree that any use or reliance by You on any User communications is at Your own risk and that we bear no responsibility for the failure, interruption, delay, loss, etc. of any User communications however caused including, without limitation, by reason of failures for which we are responsible and even those of which we were aware or ought to have been aware. You use the ORA Solution at Your own risk. The accuracy of the data collected by the ORA Solution is not intended to be medical or scientific data, and cannot and does not match medical or scientific measurement devices. The ORA Solution is not intended to replace any health care or other regimes suggested by medical and other professionals. The ORA Solution does not, and is not intended to diagnose, cure or prevent any disease. You should use common sense and good judgment when relying on any information, data or materials provided by the ORA Solution.
- DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. EXCEPT FOR ANY EXPRESS WARRANTIES PROVIDED BY KASIEL IN RESPECT OF THE ORA DEVICE, THE WEBSITE, SERVICE, THE ORA SOLUTION, AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." KASIEL SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. KASIEL DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY ORA DEVICE OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND KASIEL SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. KASIEL WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL KASIEL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, THE APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR THE APP, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR APP. THESE LIMITATIONS SHALL APPLY EVEN IF KASIEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KASIEL’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU HAVE PAID KASIEL IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- Availability and Updates. Kasiel may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website, Service and/or the App may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Kasiel may periodically add or update the information and materials on this Website without notice.
- Security. Information sent or received over the Internet is generally unsecure and Kasiel cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that You use to access the Service and You are responsible for any activities or actions under Your password. You agree to keep Your password secure. Kasiel will not be liable for any loss or damage arising from Your failure to comply with these requirements.
If You have any questions about these Terms or if You wish to make any complaint or claim with respect to the App or Service, please contact us at firstname.lastname@example.org.
Effective Date: January 12, 2017