Terms of Service
At SmartHalo, cycling is more than a transportation method or a hobby – it’s a way of life, synonymous with a healthy lifestyle, greener environments and smarter cities.
SmartHalo Technologies Inc. (“SmartHalo”) designs, manufactures 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, our servers, 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 ACCEPT THESE TERMS, DO NOT CREATE AN ACCOUNT 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.
We encourage you to read our Limited Warranty, which is part of these terms.
Who can use SmartHalo
You can not use or operate within the SmartHalo Environment if you are under 16 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 need a smartphone operating under either iOS or Android to benefit from the SmartHalo Environment. You don’t need a SmartHalo device to use the Service, but most features require the hardware.
The use of SmartHalo Environment might impact your mobile phone data usage. SmartHalo is not responsible for any mobile phone data usage incurred by the use of SmartHalo.
The maintenance and security of your smartphone may influence the performance of the SmartHalo Environment and it is the user’s responsibility to ensure that it functions properly.
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.
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 cannot 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 cannot replace a consultation with your doctor.
Use Common sense
Use of the SmartHalo Environment should not replace your good judgment and common sense.
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 from our app. You can deactivate the notifications in your smartphone settings.
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.
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.
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.
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.
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.
At SmartHalo, cycling is more than a transportation method or a hobby – it’s a way of life, synonymous with a healthy lifestyle, greener environments and smarter cities. We are committed to safeguarding the privacy of our users and website visitors.
This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and users; in other words, where we determine the purposes and means of the processing of that personal data.
In this policy, “we”, “us” and “our” refer to SmartHalo Technologies Inc.
How we use your personal data
In this section we have set out the general categories of personal data that we may process, the purposes for which we may process personal data and the legal bases of the processing.
We may process data about your use of our website (“usage data”). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is Google Analytics. This usage data may be processed for the purposes of analysing the use of the website. The legal basis for this processing is consent.
We may process your personal data that are provided in the course of the use of the SmartHalo services (“service data”). The service data may include geolocation, favorite locations (including, home, work and other places) as well as data required for calories estimation like height and weight. The source of the service data is you and your smartphone. The service data may be processed for the purposes of providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our business. If you object to this processing, you can disable fitness tracking, decline to enter your weight and height, and not enter any favorite locations.
We may process information relating to transactions, including purchases of goods and services, that you enter into with us through our website (“transaction data”). The transaction data may include your contact details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our website and business.
We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“notification data”). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent.
We may process information contained in or relating to any communication that you send to us (“correspondence data”). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website or smartphone app contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.
We may process information that you provide to us for the purpose of creating a user account (“account data”), namely your e-mail address. This information may be processed for the purposes of building similar audiences of potential customers on Facebook, without targeting you specifically. Facebook will “encrypt” your email and not keep it after it has been matched with a profile. Read more about this here. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
Providing your personal data to others
SmartHalo’s mission is to improve cities by encouraging people to cycle. We may disclose some of the information that you provide us, including ride data (including traces, speed, distance, elevation) and favorite locations to third parties, like city administrations and business partners. When we do, we use a number of pseudonymisation techniques to make sure that any personal information cannot be traced back to you.
Financial transactions relating to our website are handled by our payment services providers, Shopify. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers’ privacy policies and practices at https://www.shopify.com/legal/terms.
International transfers of your personal data
In this Section, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).
We have offices in Canada. The European Commission has made an “adequacy decision” with respect to the data protection laws of this country. Transfers to this country will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of which can be obtained from https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en.
The hosting facilities for our website are situated in the United States. The European Commission has made an “adequacy decision” with respect to the data protection laws of this country. Transfers to this country will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of which you can obtain from https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en.
Data retention practices
This Section sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
The data you provide us will be retained for as long as your account is in existence, because we need to render the services and operate your account. This data is regularly backed up to a redundant data store for technical crisis management purposes. In the event that you request erasure of your account, we will cease to retain any of your data, including the data in the redundant data store.
We may update this policy from time to time by publishing a new version on our website.
You should check this page occasionally to ensure you are happy with any changes to this policy.
We will notify you of significant changes to this policy by email.
In this Section, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
Your principal rights under data protection law are:
- the right to access;
- the right to rectification;
- the right to erasure;
- the right to restrict processing;
- the right to object to processing;
- the right to data portability;
- the right to complain to a supervisory authority; and
- the right to withdraw consent.
You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: you object to the processing under certain rules of applicable data protection law. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
To the extent that the legal basis for our processing of your personal data is: (a) consent; or (b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
You may exercise any of your rights in relation to your personal data by sending us an email at email@example.com.
A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
Cookies used by our service providers
- https://support.google.com/chrome/answer/95647?hl=en (Chrome);
- https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
- http://www.opera.com/help/tutorials/security/cookies/ (Opera);
- https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
- https://support.apple.com/kb/PH21411 (Safari); and
- https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
Blocking all cookies will have a negative impact upon the usability of many websites.
If you block cookies, you will not be able to use all the features on our website.
This website is owned and operated by SmartHalo Technologies Inc.
We are registered in Canada under registration number 820154789, and our registered office and principal place of business is at 5445 av de Gaspe, suite 307, Montreal, QC, H2T 3B2, Canada.
You can contact us by post, to the postal address given above or by email, using firstname.lastname@example.org.
This document was created using a template from SEQ Legal (https://seqlegal.com).
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 and the European Union.