General

12.1 Commercial Items/US Government Restricted Rights

The Somewear Device, the Somewear Services and any associated software and/or documentation have been developed entirely with private funds. The use of the Somewear Device, the Somewear Services and any associated software and related documentation by any entity of the United States Government is restricted by the terms of this Agreement. The Somewear Device, the Somewear Services and any associated software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as specified under 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

12.2 Export Restrictions

Access or use of the Somewear Devices is done so on your own initiative and you are solely responsible for compliance with all applicable laws, including laws related to export controls and trade sanctions such as the U.S. Export Administration Regulations administered by the Department of Commerce’s Bureau of Industry and Security (“BIS”), the International Traffic in Arms Regulations, U.S. sanctions laws administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), and similar laws in other relevant jurisdictions (collectively, “Export Laws”). Access to the Somewear Devices and Somewear Services which, in whole or in part, is illegal or penalized is prohibited. You may not use or otherwise export or re-export the Somewear Devices or the Somewear Services except as authorized under the Export Laws. You represent and warrant that you are not, and will not export or re-export, directly or indirectly, any of the Somewear Devices or the Somewear Services to any person or entity that is, (a) located, organized, or resident in any country or region that is subject to comprehensive U.S. sanctions or embargoes, or that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) listed on any U.S. Government list of prohibited or restricted parties including but not limited to OFAC’s Specially Designated Nationals and Blocked Persons List or BIS’s Denied Persons List or Entity List. You also agree that you will not use any of the Somewear Devices or the Somewear Services for any purposes prohibited by any Export Law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.

12.3 Indemnity

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Somewear and its affiliates, licensors, service providers and suppliers their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or in connection with your unauthorized use of any Somewear Device and/or the Somewear Services and any associated software.

12.4 Governing Law

EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN THIS SECTION 12.4, ALL LEGAL ISSUES ARISING FROM OR RELATED TO THE USE OF THE SOMEWEAR SERVICES AND/OR ANY RELATED SOFTWARE WILL BE CONSTRUED IN ACCORDANCE WITH AND DETERMINED BY THE LAWS OF THE STATE OF CALIFORNIA APPLICABLE TO CONTRACTS ENTERED INTO AND PERFORMED WITHIN THE STATE OF CALIFORNIA WITHOUT RESPECT TO ITS CONFLICT OF LAWS PRINCIPLES. BY USING THE SOMEWEAR SERVICES AND/OR ANY RELATED SOFTWARE, YOU AGREE THAT THE EXCLUSIVE FORUM FOR ANY CLAIMS OR CAUSES OF ACTION ARISING OUT OF YOUR USE OF THE SOMEWEAR SERVICES OR ANY RELATED SOFTWARE IS THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CALIFORNIA, OR ANY CALIFORNIA STATE COURT SITTING IN SAN FRANCISCO COUNTY. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.

12.5 Entire Agreement

This Agreement constitutes the entire agreement between you and Somewear with respect to the subject matter hereof. Any headings are provided for convenience only.

12.6 No Waiver, Survival

The failure of Somewear to exercise or enforce any right under this Agreement shall not constitute a waiver of such right. All rights and remedies granted to Somewear are cumulative and not alternate. If any provision of this Agreement is found invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining terms and conditions of this Agreement, and the parties shall substitute a valid provision that most nearly approximates the intent and economic effect of the invalid or unenforceable one. Any provisions that expressly or by their nature should survive termination of this Agreement, including payment obligations, disclaimer of warranty, rights of indemnity and limitation of liability, shall survive such termination.

12.7 Assignment

You may not assign, subcontract or otherwise transfer this Agreement or any of your rights or obligations hereunder, but Somewear may assign this Agreement and any of its rights and obligations hereunder. This Agreement inures to the benefit of and is binding on the parties’ respective successors and permitted assigns.

12.8 Copyrights, Intellectual Property, Patents and Documentation

© Somewear Labs, Inc. All rights reserved. “Somewear” and related trademarks, names and logos are the property of Somewear Labs, Inc., and are registered and/or used in the U.S. and countries around the world. The Somewear Devices, the Software and other devices and/or associated software and data, including geographic data, are protected by copyright, international treaties, and various patents. The documentation, including all documentation incorporated by reference herein, such as documentation provided or made available at Somewearlabs.com, is provided “AS IS” and “AS AVAILABLE” and without condition, endorsement, representation or warranty of any kind by Somewear or its affiliates. Somewear and its affiliates assume no responsibility for any typographical, technical, or other inaccuracies, errors, or omissions in this documentation. Somewear’s trademarks and other related graphics, logos, service marks and trade names used on or in connection with Somewear Device or in connection with the Services are the trademarks of Somewear and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Company Properties are the property of their respective owners.

12.9 Support and Customer Service

We want to hear from you! For more information about your Somewear Device and the associated Service, please visit Somewearlabs.com or contact Somewear Customer Service: Sales and customer service: H E L L O @ S O M E W E A R L A B S . C O M or http://www.Somewearlabs.com/support/. Representatives are available Monday -Friday 9:00 a.m.-5:00 p.m. Pacific Time (U.S.). We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

PRIVACY POLICY

SOMEWEAR LABS PRIVACY POLICY

Last updated October 8, 2018 Somewear Labs Inc. (“Somewear”, “Somewear Labs”, “us”, and “we”) is committed to protecting your privacy. We have prepared this policy (the “Privacy Policy”) to describe to you our practices regarding the Personal Information (as defined below) and other information we collect from users and subscribers of our websites, located at www.somewearlabs.com and somewear.app, our mobile application, our widgets and our online services (“Services”) and from users of our devices (“Devices”). By submitting Personal Information through our Services or through your Device, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use and disclosure of your Personal Information in accordance with this Privacy Policy.

Changes to this Privacy Policy

We will post any modifications or changes to the Privacy Policy on our Services. We reserve the right to modify this Privacy Policy at any time, so we encourage you to review it frequently. The “Last Updated” legend above indicates when this Privacy Policy was last changed. If we make any material change to the Policy, we will notify you via email and/or post a notice on Services prior to such change taking effect.

The Information We Collect and/or Receive

In the course of your use of the Somewear Services and Somewear Devices, Somewear Labs will collect (and/or receive) the following types of information. You consent to our collection and/or receiving such information.

Personal Information

All information that we receive under this section is collectively called “Personal Information.”

i. When you Sign Up for an Account. You may provide us with personal information about yourself, such as your name, address, phone number, e-mail address and password when you set up an account. If you set up an account on behalf of a corporation or government entity, we will ask that you provide your company/governmental entity name and your professional title.

ii. When You Sign Up for a Subscription. If you purchase a Somewear Device on our site or subscribe to a Somewear Service (“Somewear Subscription Service”) in connection with your use of a Somewear Device, you will need to provide us with additional information, including your email address, mailing address, billing address, telephone number and contact information for your emergency contacts. In order to provide the Somewear Subscription Services, the Somewear Devices and related satellite communication services may need to store the location of your Somewear Device, unique device ID number, and text, SMS and email messages sent to and from your Somewear Device. This information is collected by Somewear, as well as our third party service providers.

iii. When You Contact Us. If you contact us via the Contact Us page, you will need to provide your name and e-mail address.

iv. What You Shouldn’t Disclose to Us. Please do not send us or disclose to us any sensitive Personal Information, including social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, and/or trade union membership, on or through the Somewear Services or otherwise to us.

Personal Information We Obtain from Other Sources.

i. Credentials. If you use a third party service (such as Google or Facebook) to register for a Somewear account, the third party service may provide us with your third party service account information on your behalf, such as your name and email address (we don’t store passwords you use to access the third party service). Your privacy settings on the third party service normally control what they share with us. Make sure you are comfortable with what they share by reviewing their privacy policies and, if necessary, modifying your privacy settings directly on the third party service.

ii. Payment Processing. If you sign up for a Somewear Subscription Service or purchase a Somewear Device, we obtain limited information about your payment card from our payment processor, such as the last four digits, the country of issuance and the expiration date. Currently, our payment processor are Stripe. Stripe uses and processes your complete payment information in accordance with S T R I P E ’ S P R I V A C Y P O L I C Y .

Other Information

In addition to the Personal Information, we may collect or receive additional information (collectively, the “Other Information”). Other Information may include: From You. You may voluntarily provide us additional information about yourself that does not identify you personally, such as your gender, country, product and service preferences, and other information. From Your Somewear Device. We may also collect information from your Somewear Device or when you sync your Somewear Device, including log data about the transmission, such as the Internet Protocol (IP) address used when syncing, the sync time and date, crash/diagnostic logs, geographic location of the Somewear Device, information about your Somewear Device (including any SOS emergency signals, attempted SOS emergency signals and canceled SOS emergency signals), information about the network used to sync (e.g., Wi-Fi or cellular) and device battery level. Mobile Application Data. We may also collect non-personal information from your mobile device if you have downloaded our application(s). This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include your geographic location, how you use the application(s), and information about the type of device you use. In addition, in the event our application(s) crash on your mobile device, we will receive information about your mobile device model, software version, and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our application(s). Mobile Application Location Information. If you have enabled location services on your phone, we collect your location information to make a map available to the recipients of your messages showing your location. If you do not want this information collected by us, you can disable location services on your phone. From Your Activity on our Websites. In an ongoing effort to improve the Somewear Device and Somewear Services, we automatically collect certain information when you access and use the Somewear Services. Such information includes, without limitation, IP addresses, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of the Somewear Services users visit, log files, and similar information and data. From Cookies. We collect information using “cookie” technology. Cookies are small packets of data that a website stores on your computer’s hard drive so that your computer will “remember” information about your visit. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us collect Other Information and to enhance your experience using the Somewear Services. If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer. Please consult your Internet browser’s documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, the Somewear Services may not function properly.

How We Use Your Information. You authorize us to use the Personal Information and the Other Information (collectively, the “Information”) to provide and improve our Somewear Device or Somewear Services; to process transactions you request; to inform you about our products and services and those of our promotional partners; and to bring you customized content (such as newsletters) based on your activity on the Somewear Device or Somewear Services.
How We Use and Share Your Information with Third Parties. You authorize us to use and/or share Information as described below.

i. Data Shared with GEOS, IERCC and Emergency Responders. When you trigger an SOS emergency signal with a Somewear Device, Somewear will provide relevant data to GEOS and the International Emergency Response Coordination Center (IERCC) so they are able to contact the appropriate emergency responders and provide them with any information they might need to assist you. The information we provide includes Personal Information (including message content, time sent, and the identity and location of the message sender and recipient). We also provide GEOS and the IERCC with your mailing address and phone number to help identify false emergency alerts (e.g., in the event that you accidentally trigger an emergency alert while you are at your home). We provide your emergency contacts’ information to GEOS so they can reach them in an emergency.

ii. Search and Rescue Authorities and Emergency Responders. When you use the satellite communication services and trigger an SOS emergency signal, Somewear may also provide information such as your name, email address, mailing address, telephone number, the message content, time sent, and the identity and location of the message sender and recipient to competent search and rescue authorities and emergency responders. GEOS and IERCC may also provide this information as appropriate to competent search and rescue authorities and emergency responders.

iii. Data Shared with Your Emergency Contacts. When you set up a Somewear account, you can add emergency contacts or family members to receive messages from and about you. Based on your settings, Somewear may send them information.

iv. Data Shared with Your Contacts. You can invite family, friends or others to follow your progress on their computers or mobile devices, using the webbased Somewear portal. The Somewear Device will send location coordinates at preselected time intervals, so followers can track your whereabouts online. You can also invite your family, friends or others to use the Somewear portal to message your Somewear Device and see your GPS location. In connection with these activities, we will send these contacts your Personal Information.

v. Data Shared with Service Providers. We will share Information with our third party service providers, including our satellite communications vendor. Any data sent via the Somewear Device (except when you are connected to a cellular network via your mobile device) will be sent through this vendor. We also share your email address with vendors who assist us in sending you emails and who host our servers. We may employ other companies and individuals to perform functions on our behalf. Examples may include providing technical assistance, recruiting services, order fulfillment, customer service, and marketing assistance. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law.

iv. Data Shared for when Required by Law. To the extent permitted by law, we may also disclose the Information: (a) when required by law, court order, or other government or law enforcement authority or regulatory agency; or (b) whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of Somewear or others.

v. Data Shared with Related Entities. We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.

vi. Data Shared in a Corporate Transaction. As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.

vii. Sharing of Anonymized or Aggregated Information. In an ongoing effort to better understand our users, Somewear Devices or Somewear Services, and those of our promotional partners, we may analyze certain Information in anonymized and/or aggregate form in order to operate, maintain, manage, and improve the Devices or Services. This aggregate information does not identify you personally. We may share and/or license this aggregate data to our affiliates, agents, business and promotional partners, and other third parties. We may also disclose aggregated user statistics in order to describe the Somewear Device or Somewear Services to current and prospective business partners and to other third parties for other lawful purposes.

viii. Information Collected by or Through Third-Party Advertising Companies. You authorize us to share Other Information about your activity on the Somewear Device or Somewear Services with third parties for the purpose of tailoring, analyzing, managing, reporting, and optimizing advertising you see on the SOMEWEAR LABS Services and elsewhere. These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and/or other technologies to collect such Other Information for such purposes. Pixel tags enable us, and these third-party advertisers, to recognize a browser’s cookie when a browser visits the site on which the pixel tag is located in order to learn which advertisement brings a user to a given site.

Accessing and Modifying Information and Communication Preferences

You may access, remove, review, and/or make changes to your Personal Information by following the instructions found on the Somewear Services. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any Somewear Labs marketing e-mail. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases.

How We Protect the Information

We take reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the Information that you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Somewear Services may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

Important Notices to Non-U.S. Residents

The Somewear Services and its servers are operated in the United States and elsewhere. Please be aware that your Information, including your Personal Information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the Somewear Device or Somewear Services, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere.

External Websites

The Somewear Services may contain links to third-party websites. Somewear Labs has no control over the privacy practices or the content of these websites. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable thirdparty privacy policy and terms of use when visiting any other websites.

Children

We do not knowingly collect Personal Information from children under the age of 13 through the Somewear Device or Somewear Labs Services. If you are under 13, please do not give us any Personal Information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Information through the Somewear Device or Somewear Labs Services without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us, and we will delete that information from our databases as soon as reasonably possible.

California Residents

Under California Civil Code Section 1798.83, California residents who have an established business relationship with Somewear Labs may choose to opt out of our sharing your Personal Information with third parties for direct marketing purposes. If you are a California resident and (1) you wish to opt out; or (2) you wish to request certain information regarding our disclosure of your Personal Information to third parties for the direct marketing purposes, please contact us as set forth below. In addition, Somewear Labs does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.

How to Contact Us

If you have questions about this Privacy Policy, please contact us by email at H E L L O @ S O M E W E A R L A B S . C O M using the subject line “PRIVACY POLICY.” You also may write to us at: Somewear Labs Inc., 1040 Mariposa Street, San Francisco, California, United States 94107.

REGULATORY

Somewear Labs Regulatory Information

SWL-1 Hotspot: Contains FCC ID: 2AQYN9603N Contains FCC ID: SQGBL652 Contains IC ID: 24246-9603N HVIN: 9603N Conatins IC ID: 3147A-BL652 HVIN: BL652-SC SWL-2 Node: FCC ID: 2AQYN-SWL2 IC ID: 24246-SWL2 HVIN: SWL-2 This device complies with part 15 of the FCC Rules and Industry Canada License-exempt RSS standard(s). Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation. Any changes/modifications to this equipment not approved by Somewear Labs could void the user’s authority to operate the equipment. Under Industry Canada regulations, this radio transmitter may only operate using an antenna of a type and maximum (or lesser) gain approved for the transmitter by Industry Canada. To reduce potential radio interference to other users, the antenna type and its gain should be so chosen that the equivalent isotropically radiated power (e.i.r.p.) is not more than that necessary for successful communication. Cet appareil est conforme aux normes RSS exemptées de licence de Industrie Canada. Son fonctionnement est soumis aux deux conditions suivantes: (1) Cet appareil ne doit pas provoquer d’interférences, et (2) cet appareil doit accepter toute interférence, y compris celles pouvant causer un mauvais fonctionnement de l’appareil.