Somewear Services

To utilize your Somewear Global Hotspot and its services, including the SOS Emergency Services, you must subscribe to an Iridium satellite Data Plan through Somewear. Collectively, all of the Services presented in this Section 2 are referred to throughout this Agreement as “Services”. You acknowledge and agree that the form and nature of the Somewear Services may change from time to time without notice to you.

2.1 Text messaging

Text messages are up to 160-character custom text messages that can be transmitted to a person or persons designated by you. Designated persons may include your personal contacts, GEOS, and /or other email and /or phone numbers designated by you as recipients. You are solely responsible for any data or content that you send via text messaging, including any consequences of such messaging.

2.2 Weather forecasts

The Somewear Device utilizes a third party service for weather forecasting. To the maximum extent permitted by applicable law, Somewear does not guarantee that the information displayed on the Somewear website or Somewear Device is 100% accurate and does not make any representations, guarantees, or warrantees regarding the correctness, accuracy, adequacy, usefulness, timeliness, or reliability of such information. You acknowledge that all decisions made using weather information on the Somewear websites and/or Somewear Device will be your sole responsibility.

Use of tracking must be for personal, recreational, non-commercial use. Unauthorized commercial use will result in additional charges. Tracking services are not intended for and may not be used for tracking of enterprise assets and/or personnel or any person other than you. ANY MAPPING FEATURES OR FUNCTIONALITY CONTAINED IN ANY SOFTWARE ARE SUITABLE AND INTENDED ONLY FOR GENERAL VISUAL REFERENCE USE AND SHOULD NOT BE USED FOR ANY PURPOSE REQUIRING EXACT MEASUREMENT OF DISTANCE OR DIRECTION, OR FOR PRECISION IN ADDRESS LOCATION OR IN THE DEPICTION OF GEOGRAPHIC FEATURES. Successful transmission of location coordinates are subject to proper use of the Somewear Device 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.

2.4 SOS Emergency

The SOMEWEAR LABS SOS Emergency services shall be subject to the terms below as well as the terms of the contracted third party SOS emergency monitoring services provider, GEOS (“GEOS”), located at HTTP://WWW.GEOSRESPONSE.COM/SERVICE-AGREEMENT.HTML .

2.4.1 SOS Emergency

Your Somewear Service (including data plan) includes SOS Emergency service. Somewear has contracted with a third-party provider, GEOS, to provide SOS emergency monitoring services. Provision of SOS Emergency services is subject to the terms of this Agreement. Somewear reserves the right to disclose personal and location data to its third-party service providers, and/or to competent legal authority, as well as remotely activate SOS features when notified by competent legal authority that a distress situation exists for the user. Somewear intends that the GEOS International Emergency Response Coordination Center (the “IERCC”) will be available at all times in all locations where your Somewear Device works; however, it is possible that at some times and some locations, the IERCC will not receive your transmission or that your transmission will be delayed. The emergency responder(s) shall determine when, how, even if, to conduct a search and rescue in accordance with their standard policies and procedures, subject to such constraints as operational limitations, available resources, technical feasibility, meteorological conditions, medical and/or safety concerns whether for you or the emergency responder(s). In no event does the Agreement create a duty to rescue.

2.4.2 SOS Monitoring

The Somewear Device transmits SOS Emergency Signals received, along with applicable information your provided when registering your Somewear Device and available location coordinates, to the IERCC. The IERCC maintains a database of emergency responders in regions throughout the world (the “IERCC Database”), and provides SOS Emergency Signal monitoring twenty-four (24) hours a day, seven (7) days a week and 365 days a year. Upon receipt of a SOS Emergency Signal, IERCC personnel will: i) contact, if available, the primary and secondary contacts identified by you in your Registration Data to attempt to validate the SOS Emergency Signal, ii) use the IERCC database to identify appropriate emergency responder(s) according to available location coordinates; iii) contact the appropriate emergency responder(s) and inform them of the relevant facts in GEOS’ possession (including your Registration Data information and/or location coordinates); iv) if you are traveling outside of your home territory, and it is consistent with GEOS’ procedures, contact the Embassy of your government consistent with the information you provided upon registration of your Somewear Device either in the location identified by the Location Information or their Washington, DC based Embassy, and provide them all relevant facts in GEOS’ possession; and, v) provide updates of location coordinates as available to the identified emergency responder. Upon contacting the emergency responder(s) and/or, as appropriate, the Embassy, and informing them of all relevant facts, Somewear and GEOS are released from all further legal responsibility and/or obligation to take any further action whatsoever. Should GEOS have reasonable cause to believe that an emergency condition does not exist, GEOS reserves the right to solely contact the primary and secondary contacts identified by you.

2.4.3 False SOS Emergency Transmissions

You are solely responsible for any charges that may be assessed by emergency responders for either false SOS Emergency Signals and/or in relation to search and rescue activities resulting from you or your authorized users’ transmission of a SOS Emergency Signal. Should you deliberately or negligently misuse the SOS Emergency service, the SOS service provider, GEOS, reserves the right to assess a fee in order to recoup their costs in relation to responding to such misuse. Negligent and deliberate misuse includes, but is not limited to, pressing the SOS button to ‘see if it works’ or otherwise knowingly pressing the SOS button when no emergency situation exists. Should it be determined by Somewear that you have deliberately or negligently misused the SOS Emergency service, Somewear shall provide your credit card information on record to GEOS. GEOS shall then, without further notice, bill your credit card the appropriate fee, calculated at a rate of $340 per hour, or stated part thereof, for a minimum charge of one (1) hour and maximum charge of two (2) hours, for each such false SOS Emergency Signal event, and you shall be responsible to pay any such fee.

2.5 Transmission Speeds

For Data Plans that include unlimited texting or tracking, data transmission speeds may be reduced for the remainder of any billing period in which your message transmission volume exceeds 1000 text messages (or the approximate equivalent amount of data). This volume threshold is subject to change, so please periodically visit Somewearlabs.com for updates. If your message transmission volume results in transmission speed reduction for two (2) or more consecutive billing periods, data transmission speeds may be reduced for subsequent billing periods until your transmission volume falls below threshold levels. SOS transmission speed will not be impacted by reduced data transmission speeds.