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.
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.
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.
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.
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.
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.