Terms of use

Introduction

SmartHalo Technologies Inc. (“SmartHalo”) designs, manufacturers and sells products and services to help cyclists bike smarter. These Terms of Service (“Terms”) govern your use of the SmartHalo products, our websites, including www.smarthalo.bike, the software embedded in SmartHalo devices, the SmartHalo mobile applications, and other SmartHalo services (collectively, the “SmartHalo Environment”).

You must accept these Terms to create a SmartHalo account and to use the SmartHalo Environment. If you do not have an account, you accept these Terms by visiting www.smarthalo.bike or using any part of the SmartHalo Environment. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT CREATE AN ACCOUNT, VISIT WWW.SMARTHALO.BIKE OR USE THE SMARTHALO ENVIRONMENT.

Terms may change

These Terms may change over time. If we make minor changes to the Terms without changing any of your rights, we will post the modified Terms on www.smarthalo.bike. We will notify you by email, through the SmartHalo Environment, or by presenting you with a new Terms of Service to accept if we make a modification that changes any of your rights. When you use the SmartHalo Environment after a modification is posted, you are telling us that you accept the modified terms.

Privacy Policy

Any information that SmartHalo collects through your use of the SmartHalo Environment is subject to the SmartHalo Privacy Policy (LINK), which is part of these Terms.

Who can use SmartHalo

You can not use or operate within the SmartHalo Environment if you are under 13 years of age or are barred from receiving services under applicable law. You may connect to the SmartHalo Environment using only a device that is manufactured, distributed or sold by or on behalf of SmartHalo. You may not connect to the SmartHalo Environment with any device that is not manufactured, distributed, or sold by or on behalf of SmartHalo (such as a knock off or counterfeit version of a SmartHalo Product); otherwise intends to resemble or purports to be a SmartHalo Product; or any unauthorized application or-third party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the SmartHalo Environment.

Creating an account

In order to use SmartHalo, you first need to create an account with a valid email address and a secured password. You are responsible for all the activity that occurs in association with your account. SmartHalo is not liable for any loss or damages caused by your failure to protect the confidentiality of your account credentials.

You can’t completely opt-out from every communications we might need to send you via the email address you are providing when creating your account, but you can manage your preferences. We ask you to keep your email address up to date.

Necessary equipment

You need a SmartHalo device and a smartphone operating under either iOS or Android to benefit from the SmartHalo Environment. The use of SmartHalo Environment might affect the volume of data included in the data plan that you have agreed to with you mobile phone service provider. SmartHalo is not responsible for any fees engaged by use of SmartHalo on your monthly phone invoice. The maintenance and security of this equipment may influence the performance of the SmartHalo Environment and it is the user’s responsibility to ensure this equipment’s functionality.

SmartHalo’s Rights

The SmartHalo Environment and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of Canada and foreign countries. You agree not to remove, change or obscure any copyright, trademark, environmental mark or other proprietary rights notices incorporated in or accompanying the SmartHalo Environment.

What you can do when using the SmartHalo Environment

The SmartHalo Environment is intended for your personal and non-commercial use. SmartHalo gives you a limited, non-exclusive, non-transferable, non-sublicensable license to a) access and use the software and mobile applications provided by SmartHalo Environment and b) use the software that is embedded into SmartHalo device as authorized in these terms. This license is provided solely for your personal use and enjoyment of the SmartHalo Environment and permitted in these Terms. Using, copying, adapting, modifying preparing derivative works based upon, distributing, licensing, selling, transferring, publicly displaying/performing, transmitting, broadcasting or otherwise exploiting the SmartHalo Environment outside of expressly permitted in these Terms can not be done without the written authorization of SmartHalo. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by SmartHalo or its licensors, except for the licenses and rights expressly granted in these Terms.

What you cannot do when using the SmartHalo Environment

Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the SmartHalo Environment: (1) use, display, mirror or frame the SmartHalo Environment or any individual element within the SmartHalo Environment, SmartHalo’s name, any SmartHalo trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without SmartHalo’s express written consent; (2) access or tamper with non-public areas of the SmartHalo Environment, SmartHalo’s computer systems, or the technical delivery systems of SmartHalo’s providers; (3) test the vulnerability of any SmartHalo system or breach any security or authentication measures; (4) circumvent any technological measure implemented by SmartHalo or any of SmartHalo’s providers or any other third party (including another user) to protect the SmartHalo Environment; (5) access the SmartHalo Environment through the use of any mechanism other than through the use of the SmartHalo Environment; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that SmartHalo provides to you or any other part of the SmartHalo Environment.

SmartHalo’s enforcement rights

SmartHalo is not obligated to monitor access or use of the SmartHalo Environment, or to review or edit any content, but we have the right to do so for the purpose of operating the SmartHalo Environment, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We have the right to investigate violations of these Terms and any conduct that affects the SmartHalo Environment.

Use the SmartHalo Environment at your own risk

Our goal is to provide helpful and accurate information on the SmartHalo Environment, but we make no endorsement, representation or warranty of any kind about any information, Environment or recommendations. The accuracy of the data collected and presented through the SmartHalo environment is not intended to match that of medical devices or scientific measurement devices. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the SmartHalo Environment. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate or incomplete. If you rely on any part of the SmartHalo Environment, you do so solely at your own risk. Although using the SmartHalo Environment makes a bike equipped with a SmartHalo safer and less prone to having it stolen, its alarm system does not guarantee that your bike can not be stolen. SmartHalo can not be held responsible if your SmartHalo equipped bike is stolen.  

Consult your doctor before using the SmartHalo Environment

The SmartHalo Environment is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using the SmartHalo Environment. If you experience a medical emergency, stop using the SmartHalo Environment and consult with a medical professional. We are not responsible for any health problems that may result from products or events you learn about through the SmartHalo Environment.

The fitness tracking functions of the SmartHalo Environment can not replace a consultation with your doctor.

Use Common sense

Use of the SmartHalo Environment should not replace your good judgment and common sense.

DMCA/Copyright policy

SmartHalo respects copyright law and expects its users to do the same. It is SmartHalo’s policy to terminate in appropriate circumstances account holders who repeatedly infringe the rights of copyright holders.

Feedback & submissions policy

If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by SmartHalo, or obtained from sources other than you.

Contests & Giveaways

Additional terms and conditions may apply to contests, giveaways and other promotions sponsored by SmartHalo and its partners. It is your responsibility to carefully review those terms and conditions.

Alerts & Notifications

You may receive notifications, text messages, alerts or emails. You agree to the receipt of these communications. You are responsible for any messaging or data fees you may be charged by your wireless carrier.

Third-party links on the SmartHalo environment

SmartHalo is not responsible for the content that you will find when visiting a link to a third-party site that appears anywhere on the SmartHalo Environment. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party environments.

Changes to the SmartHalo Environment

SmartHalo may change or discontinue, temporarily or permanently, any feature or component of the SmartHalo Environment at any time without notice. SmartHalo is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the SmartHalo Environment. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by SmartHalo products without prior notice to you.

Termination

If you violate these Terms, SmartHalo has the right to deactivate your account or terminate these Terms at our sole discretion, at any time and without notice or liability to you. We may delete your account/data and other information related to your account. You may cancel your account at any time by contacting Customer Support.

Disclaimers

THE SMARTHALO ENVIRONMENT IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the SmartHalo Environment or will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the SmartHalo Environment. You acknowledge and agree that if you rely on any the SmartHalo Environment, you do so solely at your own risk.

Indemnity

You will indemnify and hold harmless SmartHalo and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the SmartHalo Environment, (ii) Your Content, or (iii)your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Limitation of Liability

NEITHER SMARTHALO, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SMARTHALO ENVIRONMENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE ENVIRONMENTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SMARTHALO ENVIRONMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SMARTHALO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL SMARTHALO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SMARTHALO ENVIRONMENT EXCEED THE AMOUNTS YOU HAVE PAID TO SMARTHALO FOR USE OF THE SMARTHALO ENVIRONMENT OR ONE HUNDRED DOLLARS ($200), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SMARTHALO, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SMARTHALO AND YOU.

General Terms

These Terms constitute the entire and exclusive understanding and agreement between SmartHalo and you regarding the SmartHalo Environment, and these terms supersede and replace any and all prior oral or written understandings or agreements between SmartHalo and you regarding the SmartHalo Environment.

Any notices or other communications provided by SmartHalo under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the SmartHalo Environment. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.

SmartHalo’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SmartHalo. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Additional terms may apply

Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.

Contact us

Please do contact us for anything that is related to this Terms of use, or just to tell us that you like what we are doing – we’d appreciate: hi@smarthalo.bike.

Limited Warranty

SmartHalo Technologies Inc. (“SmartHalo”) warrants this product to be free from defects in material and workmanship, under normal use, for one (1) year from the date of the purchase by the original purchaser. If you reside in the European Economic Area (EEA) and purchased your SmartHalo in the EEA, the warranty period is two (2) years from the date of purchase.

This Limited Warranty is for a SmartHalo hardware unit purchased new in store or online and does not cover software embedded in the Product or software used as a complement to the Product. SmartHalo does not warrant that the operation of the Product will be uninterrupted or error-free and does not cover the services provided by SmartHalo to owners of the Product.

SmartHalo will, at its discretion, repair or replace with a comparable product, at no charge to the customer for parts or labor, so long as customer is responsible for shipping costs. Products may be new, refurbished or reconditioned and are warranted for the unexpired period of the original purchase, or 60 days from shipment, whichever is greater. Any products replaced become the property of SmartHalo.  Defects resulting from improper or unreasonable use or maintenance, accident, excess moisture, insects, improper packing, lightning, power surges of any kind, or unauthorized tampering, alteration or modification are not covered.

SmartHalo does not warranty any items purchased through unauthorized dealers or channels.

WHERE PERMITTED, THE PROVISIONS OF THIS LIMITED WARRANTY ARE IN LIEU OF ANY OTHER WRITTEN WARRANTY, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SMARTHALO  BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES. SOME PLACES DO NOT ALLOW LIMITATIONS ON THE EXCLUSION OR LIMITATION OF LIABILITY TO SPECIFIED AMOUNTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

To obtain warranty service, contact SmartHalo for shipping instructions and an RMA tracking number. Return your device, freight prepaid, along with the original sales receipt which is a required proof of purchase for warranty repairs, with the RMA tracking number written on the outside of the package, and mail to SmartHalo. Additional freight costs may apply to warranties outside of North America, EU, UK, AU, and NZ.

Privacy Policy

This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally identifiable information’ (PII) is being used online. PII, as used in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

What personal information do we collect from the people that visit our blog, website or app?

When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, credit card information or other details to help you with your experience.

When do we collect information?

We collect information from you when you place an order, subscribe to a newsletter or enter information on our site.

How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

• To quickly process your transactions.
• To send periodic emails regarding your order or other products and services.

How do we protect visitor information?

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

We do not use Malware Scanning.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.

All transactions are processed through a gateway provider and are not stored or processed on our servers.

Do we use ‘cookies’?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We use cookies to:
• Understand and save user’s preferences for future visits.
• Keep track of advertisements.
• Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.

If you disable cookies off, some features will be disabled It won’t affect the user’s experience that make your site experience more efficient and some of our services will not function properly.

However, you can still place orders .

Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third-party links

We do not include or offer third-party products or services on our website.

Google

Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en

We use Google AdSense Advertising on our website.

Google, as a third-party vendor, uses cookies to serve ads on our site. Google’s use of the DART cookie enables it to serve ads to our users based on previous visits to our site and other sites on the Internet. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.

We have implemented the following:
• Google Display Network Impression Reporting
• Demographics and Interests Reporting

We along with third-party vendors, such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.

Opting out:
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA we agree to the following:
Users can visit our site anonymously.
Once this privacy policy is created, we will add a link to it on our home page or as a minimum on the first significant page after entering our website.
Our Privacy Policy link includes the word ‘Privacy’ and can be easily be found on the page specified above.

Users will be notified of any privacy policy changes:
• On our Privacy Policy Page
Users are able to change their personal information:
• By emailing us

How does our site handle do not track signals?
We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Does our site allow third-party behavioral tracking?
It’s also important to note that we allow third-party behavioral tracking

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not specifically market to children under 13.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify the users via email
• Within 7 business days

We also agree to the Individual Redress Principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

If at any time you would like to unsubscribe from receiving future emails, you can email us at hi@smarthalo.bike
and we will promptly remove you from ALL correspondence.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

SmartHalo Technologies Inc.
5445 av. de Gaspé
Suite 307
Montreal, Quebec H2T 3B2
Canada
hi@smarthalo.bike

Last Edited on 2016-03-24