TERMS OF USE
SOMEWEAR LABS CUSTOMER TERMS AND CONDITIONS
In these Somewear Customer Terms and Conditions (the “Agreement”) between you and Somewear Labs, Inc. (“Somewear”), you’ll find important information about your Somewear hardware (the “Somewear Device”), software and services (the “Somewear Services”).
THIS AGREEMENT APPLIES (I) TO PERSONAL, RECREATIONAL, NON-COMMERCIAL SUBSCRIBERS OF SOMEWEAR DEVICES AND SERVICES IF ENTERED INTO BY AN INDIVIDUAL, OR (II) FOR THEIR INTERNAL USE ONLY, GOVERNMENT, COMMERCIAL OR BUSINESS SUBSCRIBERS OF SOMEWEAR PRODUCTS AND SERVICES, IF ENTERED INTO BY A CORPORATION OR GOVERNMENTAL ORGANIZATION. USE BY GOVERNMENT, COMMERCIAL AND BUSINESS SUBSCRIBERS IS LIMITED AS SET FORTH IN THIS AGREEMENT.
PLEASE READ THESE LEGAL NOTICES CAREFULLY. BY USING THE SOMEWEAR DEVICES, SOFTWARE AND SERVICES, YOU ACCEPT ALL TERMS AND CONDITIONS CONTAINED IN THIS DOCUMENT, INCLUDING ANY LEGAL AGREEMENTS AND TERMS AND CONDITIONS WHICH HAVE BEEN INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE, DO NOT USE THE SOMEWEAR SERVICES OR ANY RELATED SOFTWARE.
IF YOU SUBSCRIBE TO THE SERVICES FOR A TERM (THE “INITIAL TERM”), THEN THE TERM WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT SOMEWEAR’S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 3.6 BELOW.
BY CLICKING ON THE “I AGREE” BUTTON OR COMPLETING THE REGISTRATION PROCESS, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE CUSTOMER TERMS AND CONDITIONS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH SOMEWEAR, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS AND CONDITIONS PERSONALLY OR ON BEHALF OF THE COMPANY OR GOVERNMENT YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY OR GOVERNMENTAL ENTITY TO THE TERMS OF USE. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED YOUR DEVICE.
1.0 YOU UNDERSTAND AND AGREE THAT:
1.1 Agreement
This Agreement, together with the Somewear Privacy Policy, sets forth the terms of the Somewear Service (including data plans) to which you subscribed. The term of the Agreement starts when you first activate your Somewear Service for any Somewear Device. The “Somewear Device” is defined to include any Somewear hardware product, including the Somewear Global Hotspot, Node, Horizon, any replacement products and/or any associated software.
1.2 Changes
PLEASE NOTE THAT THIS AGREEMENT AND THE SOMEWEAR SERVICES ARE SUBJECT TO CHANGE BY SOMEWEAR IN ITS SOLE DISCRETION AT ANY TIME. Somewear will post notice of any such changes at www.Somewearlabs.com/legal. If Somewear makes changes that are not acceptable to you, you may terminate the Agreement without additional charge at any time after your first 30 days of service. You remain responsible for charges up to the date of termination. PLEASE REGULARLY CHECK THE SOMEWEAR WEBSITE TO VIEW THE THEN-CURRENT AGREEMENT.
1.3 Mobile Device and Cellular Data Plan Required
A mobile device and/or cellular data plan are required to use most functions of the Somewear Device. You will need to download the Somewear mobile device software to you mobile device. You are responsible for all data charges for your mobile device, including charges in connection with your use of the Somewear Device. A mobile device and cellular data coverage is required in order to initiate the Somewear Device and certain Somewear Services, so please be sure that your mobile device has sufficient batteries at all times while you are using your Somewear Device or the Somewear Services.
1.4 Coverage
You may use your Somewear Device anywhere there is coverage (subject to any applicable restrictions due to export laws, embargos local laws, licensing requirements and regulation, including use, export, import or transfer in accordance with U.S. and Canadian laws).
1.5 Coverage Limitations
Services may become limited or temporarily unavailable without notice from time to time. Somewear does not own or control the service providers that operate the links between the satellite ground stations, including satellite antennas and supporting equipment, and the satellites, nor does Somewear own or control the GPS Satellite Constellation, and cannot be responsible for any Service interruptions that are associated with those satellite systems or ground stations and the interconnecting networks. Nor does Somewear own or control the cell phone and email service providers who receive the email and SMS messages generated from Somewear Devices, and are not responsible for any delays by the email and cell phone providers related to these messages. Satellite service is wireless and requires a clear line of sight toward the satellite; therefore, the Services are inherently subject to transmission and reception limitations caused by: (i) your location, including conditions that obstruct the line of sight between you and the satellite systems; (ii) the condition of the satellite systems and ground stations; (iii) the condition of your Somewear Device; and (iv) weather conditions, atmospheric conditions, magnetic interference, environmental, and other conditions beyond Somewear’s or the satellite systems’ control.
1.6 Personal Use
The Somewear Services provided under this Agreement are for personal, recreational, non-commercial use only. You may not sell, rent, lease or otherwise charge for the Somewear Device and/or Somewear Services or any information or services associated with or derived from Somewear Device or Services. Your Somewear Device and its associated communication and SOS services are not authorized to be used in a commercial or business environment under the terms of this Agreement.
1.7 Misuse
You agree that you will not use the Somewear Services or the Somewear Device (1) to abuse or misuse the SOS Emergency services, (2) to utilize your Somewear Device for the commercial tracking of assets and/or personnel or anyone other than you, (3) to send messages that are offensive, defamatory, abusive or obscene or intended to harass, (4) for any purpose in violation of law, (5) in any manner that infringes or misappropriates third-party rights, or (6) in any manner which overloads or unreasonably interferes with the Somewear Services or the Satellite Systems. You agree to use the Somewear Services only with the Somewear Device and not to use any other equipment in connection with the Somewear Services unless expressly approved by Somewear. Failure to adhere to these restrictions may result in termination of this Agreement by Somewear. You agree that you will not attempt to unlock or modify, or reverse engineer your Somewear Device in order to modify it or render it capable of performing functions outside the approved Iridium network described in this Agreement, for the purpose of reselling the Somewear Device to a third-party, or for any purpose otherwise not permitted by this Agreement.
1.8 Iridium Limited Warranty and Limitation of Liability
The Somewear Device requires use of the Iridium satellite network in order to provide the Somewear Services. Your use of the Somewear Device is subject to Iridium’s terms and conditions, including the Iridium Limited Warranty (including, but not limited to, the stated Exclusions; disclaimers; Conditions of Use and Limitations of Liability; Warranty Claim Process; and Privacy and Data Security), available and set forth at http://www.iridium.com/Warranties.aspx.
1.9 Return Policy
If you have not activated your hotspot, you can return the product within 30 days of your purchase date, no questions asked. We will refund you the unit price and tax, but you are responsible for shipping costs to and from. If you have activated your hotspot and you are not satisfied with Somewear, please contact our support team. Your return will be evaluated on a case by case basis.