DATE: Jan 30, 2024
1. ACCEPTING THESE TERMS
1.1 Wearatec Inc. creates products and resources that assist you in reaching your health and fitness objectives while also empowering and inspiring you to live a better, more active lifestyle. The following terms and conditions ("Terms") constitute a legal agreement and are entered into by and between you, Wearatec Inc. and ONE OS and govern your access to and use of the ONE OS Service. Our devices, along with their accompanying firmware, apps, software, websites, APIs, goods, and services, comprise the "ONE OS Service."
1.2 By creating an ONE OS account, you accept and agree to be bound and comply with these Terms and our Privacy Policy found at https://oneos.com/privacy-policy. If you do not have an account, utilizing any aspect of the ONE OS Service constitutes acceptance of these Terms and the Privacy Policy. If you do not agree to these conditions, you should refrain from creating an account or using the ONE OS Service.
1.3 Please refer to our Privacy Policy linked above, which includes a statement about our cookie use, for more information about our data practices. By accessing or using the ONE OS Service, you consent to us collecting and using your information in accordance with the terms of this Privacy Policy.
1.4 This document, our rules, policies and the other documents referenced herein are part of our Terms. The Terms are a legally binding contract between you and ONE OS. Please read them carefully.
2. CHANGES
2.1 ONE OS the right in our sole discretion to revise and update these Terms from time to time. Any and all such modifications are effective immediately upon posting a revised version on the app and apply to all access to and continued use of the ONE OS Service. You agree to periodically review the Terms order to be aware of any such modifications and your continued use shall be your acceptance of these. The information and material in ONE OS Services, ONE OS applications and the ONE OS app may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the ONE OS Services is restricted to users or unavailable at any time or for any period.
3. ONE OS’S RIGHTS
3.1 The term “ONE OS Content” includes but is not limited to all information, code, displays, broadcast, design, presentation, account or website layout, selection and arrangement, any pictures, images, graphics, video, audio, data, text, music, exercise regimens, food logs, recipes, comments, software, and other works of authorship of any type that are submitted, created, distributed, or otherwise made accessible via the ONE OS Service.
3.2 The ONE OS Content, the ONE OS Service, and its underlying technology are owned by Wearatec Inc., its licensors, or other providers of such material and in all forms by intellectual property laws including without limitation, copyright, foreign copyright, trademark, patent, trade secret, and any other proprietary rights.
3.3 The ONE OS name, trademarks, logo and all related names, logos, product and service names, designs, images, and slogans are trademarks of ONE OS/Wearatec Inc. or its affiliates or licensors. You undertake not to delete, alter, or obscure any copyright, trademark, service mark, or other property rights notices included in or accompanied by the ONE OS Service. You must not use such marks without the prior written permission of Wearatec Inc. and ONE OS. Without our prior written permission, you may not copy, mimic, or utilize our logos or any other ONE OS trademarks that appear on the ONE OS Service, or the general look and feel of the ONE OS Service, including page headers, graphics, icons, and scripts. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
3.4 You may only use ONE OS Services for your personal and non-commercial use. Except as expressly permitted in these Terms, you shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit, copy, adapt, disclose, distribute, license, sell, rent, lease, assign, transfer broadcast, or otherwise exploit the ONE OS Content, ONE OS Service, or any portion thereof (including any third-party software), in any form or medium whatsoever except:
(a) your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
(b) a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever;
(c) one single user copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by our end user license agreement for such downloads;
(d) in the event social media platforms are linked to certain content on our website or app, you may take such actions as our website and such third-party social media platforms permit.
3.5 Users are not permitted to modify copies of any materials from ONE OS Services nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the ONE OS Services or any materials available through ONE OS Services.
3.6 If you are in breach of these Terms, your right to use the ONE OS Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the ONE OS Services or to any ONE OS Content and all rights not expressly granted are reserved by us. Any use of ONE OS Services not expressly permitted by these Terms is a breach of these Terms and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
3.7 Other trademarks, product and service names, and business names or logos referenced on the ONE OS Service are the property of their respective owners and may not be reproduced, imitated, or used, in whole or in part, without the express written consent of the trademark holder.
4. USE OF THE ONE OS SERVICE
4.1 As a condition of your access and use, you agree that you may use ONE OS Services is only for lawful purposes and in accordance with these Terms. You may not access or use the ONE OS Service if you are prohibited from obtaining services under applicable legislation or have been suspended or removed from the ONE OS Service in the past.
4.2 You may connect to the ONE OS Service only through one of the following methods: (i) a device manufactured, distributed, or sold by ONE OS or its authorized resellers or agents; (ii) our mobile applications and software, or approved third-party applications, software, or devices; or (iii) our websites (“Authorized Connections“).
4.3 You may not connect to the ONE OS Service using any device that is not manufactured, distributed, or sold by ONE OS or its authorized resellers or agents (for example, a knock-off or counterfeit version of a ONE OS device); that otherwise resembles or purports to be a ONE OS device; or that uses any unauthorized application or third-party connection.
4.4 Any violation or attempted violation of this provision may result in your ability to access the ONE OS Service being immediately terminated.
4.5 Please contact team@wearatec.com if you have any queries regarding whether a product or application qualifies as an Authorized Connection.
5. WHAT YOU CAN DO ON THE ONE OS SERVICE
5.1 The ONE OS Service is for your noncommercial use only.
5.2 ONE OS provides you a non-exclusive, revocable, restricted, non-transferable, non-sublicensable license to:
(a) gaining access to and using the ONE OS Service;
(b) access and view the ONE OS Content;
(c) access and use the ONE OS Service’s software and mobile applications.
(d) utilize the software integrated in ONE OS devices in the manner specified in these Terms.
Concerning points (c) and (d), this license extends to any third-party software integrated in any ONE OS Service.
5.3 This license is for your personal, noncommercial use and enjoyment of the ONE OS Service, subject to the restrictions set out in these Terms.
5.4 Except for the licenses and rights expressly given in these Terms, no licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ONE OS or its licensors.
5.5 The following content standards apply to any and all content, including but not limited to, email, displays, photographs, images, video, data, text, music, workout regimens, food records, recipes, and other information, material and information a user submits, posts, publishes, displays, or transmits (collectively, “submit”) to and via the ONE OS Service., to other users or other persons (collectively, “User Submissions”) and any and all Interactive Functions (as defined in section 6.9) . You will not submit any User Submission which contains any personal information of another individual without consent. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service. Without limiting the foregoing, you warrant and agree that your use of ONE OS Services and any User Submissions shall not:
(a) In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms our Privacy Policy found at https://oneos.com/privacy-policy;
(b) In any manner violate the terms of use of any third-party website that is linked to ONE OS Services, including but not limited to, any third-party social media website;
(c) Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made our sole discretion;
(d) Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code;
(e) Involve, provide, or contribute any false, inaccurate, or misleading information;
(f) Impersonate or attempt to impersonate the ONE OS or Wearatec Inc., a ONE OS or Wearatec Inc. employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing;
(g) Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
(h) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person;
(i) Promote any illegal activity, or advocate, promote, or assist any unlawful act;
(j) Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case;
(k) Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the ONE OS Services, or which, as determined by us, may harm the ONE OS, Wearatec Inc. or users of the ONE OS Services or expose them to liability or harm of any kind;
(l) use, display, mirror, or frame the ONE OS Service or any individual element within the ONE OS Service, including the layout and appearance of any page, without our prior written consent;
(m) use the ONE OS name, any ONE OS trademark or logo, or any ONE OS proprietary information, without our prior written consent;
(n) Access or tamper with non-public portions of the ONE OS Service, ONE OS’s computer systems, or ONE OS’s providers’ technical delivery systems;
(o) Exploit any ONE OS system’s vulnerability or circumvent any security or authentication requirements;
(p) Thwart any technological mechanism established to secure the ONE OS Service by ONE OS, any of ONE OS’s suppliers, or any other third party (including another user);
(q) Utilize any technique other than an Authorized Connection, ONE OS Service, or ONE OS API to access the ONE OS Service or ONE OS Content;
(r) Change, decompile, disassemble, reverse engineer, tamper with, or otherwise try to extract the source code for any software provided by ONE OS to you or for any other aspect of the ONE OS Service;
(s) Upload any content that contains software viruses or is intended to disrupt, destroy, or restrict the functioning of any equipment or service, or that contains other dangerous, disruptive, or destructive files or content.
(t) Harvest, solicit, or otherwise acquire information on other users for any reason, including, but not limited to, the purpose of sending unsolicited emails; and
6. REGISTRATION AND ACCOUNT
6.1 Individuals under the age of 16, or any higher minimum age required by relevant legislation in the country in which the individual resides, are not entitled to access or use the ONE OS Service unless their parent consents in accordance with applicable law.
6.2 You may register for an account with ONE OS by completing and submitting the registration form.
6.3 You represent and warrant that all information provided in the registration form is complete and accurate.
6.4 If you register for an account, you will be asked to provide an email address/user ID and password and you agree to:
(a) keep your password confidential;
(b) notify us in writing immediately if you become aware of any disclosure of your password; and
(c) be responsible for any activity on our app arising out of any failure to keep your password confidential, and that you may be held liable for any losses arising out of such a failure.
6.5 Your account shall be used exclusively by you and you shall not transfer your account to any third party. If you authorize any third party to manage your account on your behalf this shall be at your own risk.
6.6 The security of your personal information is very important to us. ONE OS uses physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
6.7 The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the ONE OS account. Users are required to ensure that all persons who access the ONE OS account through a user’s internet connection are aware of these Terms and comply with them. It is a condition of your use of the ONE OS account that all the information you provide is correct, current, and complete.
6.8 Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to ONE OS. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures.
6.9 Your provision of registration information and any submissions you make to the ONE OS account through any functionality such as applications, chat rooms, e-mail, message boards, personal, or interest group web pages, profiles, forums, bulletin boards, and other such functions (collectively, “Interactive Functions“) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at https://oneos.com/privacy-policy.
6.10 Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise 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. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to your ONE OS account or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
6.11 We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms.
6.12 You are prohibited from attempting to circumvent and from violating the security of your ONE OS account or ONE OS Services including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting an account owner’s ability to monitor a ONE OS account; (f) using any robot, spider, or other automatic device, process, or means to access an ONE OS account for any purpose, including monitoring or copying any of the material on an ONE OS account; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking an ONE OS account via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the ONE OS Services.
7. USER SUBMISSIONS: GRANT OF LICENCE
7.1 ONE OS Services may contain Interactive Functions allowing User Submissions on or through ONE OS applications.
7.2 None of the User Submissions you submit will be subject to any confidentiality by ONE OS or Wearatec Inc. By providing any User Submission your ONE OS account, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, copy, translate, create derivate works from, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material or media, including your name and likeness, for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
7.3 By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms. You represent and warrant that all User Submissions comply with applicable laws and regulations and Terms and Conditions
7.4 You understand and agree that you, not the ONE OS or Wearatec Inc. nor ONE OS or Wearatec Inc.’s parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of ONE OS Services.
7.5 User Submissions must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behavior on the internet, and must not:
(a) be offensive, obscene, indecent, pornographic, lewd, suggestive or sexually explicit;
(b) depict violence in an explicit, graphic or gratuitous manner;
(c) be blasphemous, in breach of racial or religious hatred or discrimination legislation;
(d) be deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory;
(e) cause annoyance, inconvenience or needless anxiety to any person; or
(f) constitute spam.
7.6 User Submissions must not be illegal or unlawful, infringe any person’s legal rights, or be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). User Submissions must not infringe or breach:
(a) any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right;
(b) any right of confidence, right of privacy or right under data protection legislation;
(c) any contractual obligation owed to any person; or
(d) any court order.
7.7 ONE OS may edit, remove, or refuse to display any User Submission at its sole discretion, and may prohibit you from publishing, uploading, storing, distributing, emailing, or displaying User Submission to or via the ONE OS Service.
8. OUR RIGHTS TO USE YOUR CONTENT
8.1 You allow us the right to utilize any User Submission or data in order to deliver our service to you and for internal analysis in order to provide you with actionable health insights. We will not market with any of your material.
9. THIRD PARTY LINKS
9.1 For your convenience, ONE OS may contain links to other third party sites. We make no representations about any other websites that may be accessed via ONE OS. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites. ONE OS does not endorse or guarantee the products, information, services or recommendations provided by linked sites.
10. FEEDBACK
10.1 You have no obligation to provide ONE OS with ideas, suggestions or proposals (“Feedback”). However, if you submit feedback to us, then you grant us a non-exclusive worldwide, royalty-free license that is sub-licensable and transferable to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify or publicly perform the feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise.
11. DISCLAIMERS
11.1 YOU UNDERSTAND AND AGREE THAT ONE OS SERVICES AND CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH ONE OS SERVICES AND CONTENT IS AT YOUR OWN RISK. THE ONE OS SERVICE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT AS WELL AS ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. . THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11.2 NEITHER ONE OS OR WEARATEC INC. NOR THEIR PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF ONE OS SERVICES OR ONE OS CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER ONE OS OR WEARATEC INC. NOR THEIR PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT ONE OS SERVICES OR ONE OS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH ONE OS SERVICES OR ONE OS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT ONE OS SERVICES OR ONE OS CONTENT OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11.3 WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR ONE OS WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF ONE OS SERVICES OR ONE OS CONTENT AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF ONE OS SERVICES OR ONE OS CONTENT OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH ONE OS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. WE MAKE NO REPRESENTATION OR PROMISE THAT THE ONE OS SERVICE OR ONE OS CONTENT WILL SATISFY YOUR EXPECTATIONS.
12. LIMITATION ON LIABILITY
12.1 EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL ONE OS OR WEARATEC INC. NOR THEIR RESPECTIVE PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON ONE OS SERVICES OR ONE OS CONTENT, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY ONE OS SERVICES OR ONE OS CONTENT, WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
12.2 In no circumstances shall ONE OS’s total liability arising out of or in connection with these Terms, or from your use of or inability to use the ONE OS service, exceed the sums you have paid to ONE OS for use of the ONE OS service, or one hundred dollars ($100), if you have no payment obligations to ONE OS.
12.3 Due to the fact that certain countries prohibit the exclusion or limitation of responsibility for consequential or incidental damages, the aforementioned restriction may not apply to you.
13. USE THE ONE OS SERVICE AT YOUR OWN RISK
13.1 You use any ONE OS Content or the ONE OS Service at your own risk. Neither ONE OS or Wearatec Inc. nor their respective parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of any ONE OS Content or ONE OS Services.
13.2 While we strive to offer useful and accurate information on the ONE OS Service, we provide no endorsement, representation, or warranty regarding any ONE OS Content, information, or services. The precision with which data is gathered and displayed via the ONE OS Service is not meant to equal that of medical or scientific measuring instruments. ONE OS Services and ONE OS Content for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.
13.3 We make no representations or warranties regarding the accuracy, reliability, availability, efficacy, or proper use of information obtained through the ONE OS Service. ONE OS Content and the ONE OS Service are subject to change or may vary by geographic region. Maps, directions, and other GPS or navigation data, including data on your present location, may be unavailable, incorrect, or insufficient.
13.4 The ONE OS Service should not be used in lieu of sound judgment and common sense. Please read and adhere to any safety precautions associated with your use of the ONE OS Service.
13.5 Although we make reasonable efforts to update the information, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date.
13.6 ONE OS Content or ONE OS Services may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by ONE OS or Wearatec Inc., are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. Neither ONE OS or Wearatec Inc., or their respective parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
14. MEDICAL DISCLAIMER
14.1 The ONE OS Service is not for diagnosing, treating, curing, or preventing illness. Consult your doctor if you have a medical or cardiac issue before using the ONE OS Service, beginning an exercise routine, or altering your diet. If you have a medical emergency, immediately discontinue use of the ONE OS Service and seek medical attention. We are not liable for any health concerns that may arise as a consequence of the training programs, consultations, goods, or events that you learn about via the ONE OS Service. If you participate in any workout program that you get or learn about through the ONE OS Service, you accept that you are doing it at your own risk and willingly.
14.2 Prolonged contact with wearable gadgets may irritate or aggravate the skin of certain individuals. To avoid irritation, follow these four easy wear and maintenance tips: (1) keep it clean, (2) keep it dry, (3) avoid wearing it too tight, and (4) give your wrist a break by removing the band for an hour following lengthy wear. Visit https://oneos.com/user-guide/ for further information. Remove your device and cease usage if you experience skin irritation, discomfort, tingling, numbness, burning, or stiffness in your hands or wrists while or after wearing the product. Consult your doctor if any symptoms linger longer than 2-3 days after removing the device.
14.3 ONE OS devices that include PurePulse technology have a heart rate monitoring function that may offer a risk to users who have certain medical problems. Consult your physician prior to using such products if you have any of the following: (1) a medical or heart condition; (2) are taking any photosensitive medication; (3) have epilepsy or are sensitive to flashing lights; (4) have impaired circulation or bruise easily; or (5) have tendonitis, carpal tunnel syndrome, or other musculoskeletal disorders.
15. ALERTS AND NOTIFICATIONS
15.1 You may get notifications, text messages, alerts, emails, and other electronic communications as part of your usage of the ONE OS Service. You consent to these messages being sent to you. You can manage the majority of communications sent by the ONE OS Service through your account settings. Certain communications, such as service notifications and administrative messages, may be required. You are responsible for any message or data charges that your phone carrier may impose. Any notices, agreements, disclosures, or other communications that we provide to you electronically shall comply with all applicable legal communication requirements, including the need that the communication be in writing.
16. DIGITAL MILLENIUM COPYRIGHT ACT (DMCA)
16.1 ONE OS responds to notices alleging copyright infringement that comply with the United States Digital Millennium Copyright Act (the DMCA). If you wish to make a DMCA claim, you must provide us with the information in writing through a DMCA notice.
17. SITE MONITORING AND ENFORCEMENT, SUSPENSION, AND TERMINATION
17.1 ONE OS reserves the right (but are not obligated), without provision of notice, to:
(a) Remove or disable access to the ONE OS Service, any ONE OS Content, or User Submissions at any time and in our sole discretion, if we determine that the ONE OS Content, User Submissions, or your use of the ONE OS Service is objectionable or in violation of these Terms;
(b) Undertake investigations into breaches of these Terms and other conduct affecting the ONE OS Service, and to take whatever action we deem appropriate in response;
(c) Terminate or suspend your access to all or part of ONE OS Services or any ONE OS Content, for any or no reason, including, without limitation, any violation of these Terms;
(d) Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the ONE OS Services or any ONE OS Content. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through ONE OS Services or any ONE OS Content.
17.2 YOU WAIVE AND HOLD HARMLESS ONE OS AND WEARATEC INC. AND THEIR RESPECTIVE PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER ONE OS AND WEARATEC INC OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
17.3 We have no obligation, nor any responsibility to any party to monitor ONE OS Services or any ONE OS Content or its use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
18. INDEMNIFICATION
18.1 To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless ONE OS and Wearatec Inc. and their respective parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:
(a) your access to, use of, or alleged use of, the app;
(b) your breach of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
(c) your violation of any third party right, including your violation of any third-party right including but not limited to any intellectual property right or publicity, confidentiality, other property, or privacy right;
(d) your use of the ONE OS Services or any ONE OS Content, including, but not limited to, your User Submissions, third-party sites, any use of ONE OS’ websites, content, services, and products other than as expressly authorized in these Terms;
(e) any dispute or issue between you and any third party.
19. SEVERABILITY
19.1 If any term or provision of these Terms is found to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
20. NOTICES
Any notices necessary or permitted by these Terms shall be in writing and delivered to the address below through certified mail or courier. Wearatec Inc. 3600 Steeles Ave E. Suite E171, Markham, Ontario, Canada L3R 9Z7
(i) If a Dispute (as defined below) arises with respect to these Terms, the parties must negotiate in good faith to resolve the dispute amicably. If negotiations fail and the Dispute cannot be resolved within thirty (30) calendar days, the Dispute must be resolved in accordance with Section 21(b)
(i) Subject to Section 21(a), all disputes, disagreements, controversies, questions or claims arising out of or relating these Terms, including with respect to the formation, execution, validity, application, interpretation, performance, breach, termination or enforcement of these Terms, and any dispute relating to conduct claimed to be oppressive or unfairly prejudicial (each a “Dispute”), will be determined by a sole arbitrator (the “Arbitrator”) under the Arbitration Act, 1991 (Ontario) (the “Arbitration Act”). In addition:
(A) section 7(2) of the Arbitration Act will not apply to the arbitration of a Dispute;
(B) each of the parties to the arbitration (the “Arbitration Parties”) shall mutually select the Arbitrator. If the Arbitration Parties cannot agree, the Arbitrator will be appointed by a judge of the Superior Court of Justice of Ontario on the application of any Arbitration Party on notice to all the other Arbitration Parties;
(C) an individual appointed as Arbitrator must agree in writing to be bound by the provisions of this Section 21(b);
(D) the laws of the Province of Ontario will apply to the substance of all Disputes;
(E) the arbitration will take place in the Waterloo, Ontario, Canada unless otherwise agreed in writing by the Arbitration Parties;
(F) the arbitration will be conducted in the English language;
(G) the Arbitrator, after giving the Arbitration Parties an opportunity to be heard, will determine the procedures for the arbitration of the Dispute, provided that those procedures will include an opportunity for written submissions and responses to written submissions by or on behalf of all the Arbitration Parties, and may also include an opportunity for exchange of oral argument and any other procedures as the Arbitrator considers appropriate. However, if the Arbitration Parties agree on a code of procedures or on specific matters of procedure, that agreement will be binding on the Arbitrator;
(H) the Arbitrator will have the right to determine all questions of law and jurisdiction, including questions as to whether a Dispute is arbitrable, and will have the right to grant legal and equitable relief including injunctive relief and the right to grant permanent and interim injunctive relief, and final and interim damages awards;
(I) the Arbitrator will have the discretion to award costs of the arbitration, including reasonable legal fees and expenses, reasonable experts’ fees and expenses, reasonable witnesses’ fees and expenses, and pre-award and post-award interest, provided that the Arbitrator will not make an award of costs on a distributive basis;
(J) the fees of the Arbitrator will be borne equally by the Arbitration Parties;
(K) the parties intend, and will take all reasonable action that is necessary or desirable to ensure, that there will be a speedy resolution of any Dispute, and the Arbitrator will conduct the arbitration of the Dispute with a view to making a determination and order as soon as possible;
(L) subject to section 44 of the Arbitration Act, all awards and determinations of the Arbitrator will be final and binding on the Arbitration Parties, and there will be no appeal of any awards or determinations of the Arbitrator on any grounds; and
(M) the parties desire that any arbitration be conducted in strict confidence without disclosure to any Person of the existence or any aspect of a Dispute except as is necessary for the resolution of the Dispute. Any proceedings before the Arbitrator will be attended only by those Persons whose presence, in the opinion of any Arbitration Party or the Arbitrator, is reasonably necessary for the resolution of the Dispute. All matters relating to, evidence presented to, submissions made in the course of, documents produced and information provided in accordance with an arbitration under this Section 3.16(b) or any order of the Arbitrator, or created in the course of or for the purposes of the arbitration, as well as any arbitral award, will be kept confidential and will not be disclosed to any Person without the prior written consent of all the Arbitration Parties, except as required in connection with an application by any of those parties under section 46 or section 50 of the Arbitration Act or enforcing the arbitral award, or as required by applicable laws or by an order of an Arbitrator made under a motion or application on notice to all Arbitration Parties.
(c) Interim Relief
(i) Before the appointment of the Arbitrator, the Arbitration Parties may apply to the courts for interim relief. A request for interim relief by an Arbitration Party to a court will not be considered to be incompatible with Section 21 or as a waiver of that provision.
(ii) At the request of any Arbitration Party, the Arbitrator may take any interim measures that the Arbitrator considers necessary in respect of the Dispute. The Arbitrator may require security for those measures.
22. GOVERNING LAW
22.1 These Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location. Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
23. ENTIRE AGREEMENT
The Terms, Privacy Policy and Cookies Policy contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof.
