Precise Innovation, LLC (Precise Innovation) is a cellular data service for Users of Precise Innovation products such as kidsport GPS Tracking Band and Caref GPS Phone Watch (Devices). The Devices use Precise Innovation mobile and web site applications (Software) to communicate with and monitor the Devices and configure and change the settings on the Devices. As used in this Agreement, the terms “User” or “you” means the person or entity who purchased the Device and licenses the Software for use on a Device.
PLEASE READ THIS AGREEMENT CAREFULLY. IN ORDER TO USE THE SOFTWARE INCONNECTION WITH A DEVICE YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT. BY PURCHASING AND USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.
YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE, ARE LEGALLY AUTHORIZED TO ENTER INTO THIS AGREEMENT, AND THAT THE DEVICE AND SOFTWARE WILL BE USED UNDER YOUR SUPERVISION AND DIRECTION.
1. License. Subject to the terms and conditions of this Agreement, and in exchange for the monthly service fee, you are granted a revocable, non-exclusive, non-transferable, limited license to use the Software only in connection with or on web browsers and Devices that you own, supervise, direct, and control. The Software is only licensed to you; it is not sold to you.
2. Term. The term of this license is month to month. You may cancel the service at any time by uninstalling and deleting the Software.
3. Fees. The amount of service fees you pay is determined by the plan you selected. Precise Innovation may increase the monthly fees from time to time. The fees are automatically charged to your credit card.
4. Termination by Licensor. Precise Innovation may immediately terminate this Agreement and the license of paragraph 1 if you breach any provision of this Agreement, if the fee is not timely paid, or if such action is necessary to prevent harm to any party or liability to Precise Innovation . Precise Innovation may also terminate this license for any reason, without cause, upon delivery of a termination notice to you.
5.Limitations, Restrictions, and Warnings on Use of Devices and Software.
Commercial Use. The Software and Devices may not be used for any commercial purpose without the written consent of Precise Innovation. You may not allow third parties to use the Devices or Software and you may not charge others for the use of the Software or Devices.
Use with Children and Adults Requiring Supervision. If the Devices are worn by children or adults requiring supervision, you represent and warrant that (i) you grant permission to Precise Innovation to use the Devices and Software to collect information from, and location data of, such child or adult, (ii) you are authorized to grant such permission; (iii) you are authorized as or by a parent or legal guardian to use the Devices and Software for such purposes, and (iv) you are and will be solely responsible for the supervision, direction, and control of such adult or child.
Location Services. The Software and Devices are intended for location services. They are not intended or represented to be a safety or security system. You agree that security and safety precautions are not the responsibility or obligation of Precise Innovation.
SOS Alerts/Calls. SOS alerts and phone calls from Devices are only placed to phone numbers designated by you as the parent, guardian, or supervisor of the adult or child needing care or supervision. You agree to designate the appropriate numbers for such purposes.
Emergency Numbers and 911. Devices are not compatible with 911 or other emergency telephone number systems, nor are SOS alerts forwarded to emergency responders or personnel.
Accessibility and Non-Compatibility. Devices are not compatible with telecommunications accessibility features or services such as TTY, audio prompts or similar features for those with certain disabilities.
Recording Calls. You expressly agree that audio and text conversations between the persons using the Devices and any recipient of such conversations may be recorded without further notification, and that you will responsible for securing the consents to such recording from all persons who communicate via the Devices.
Software Ownership and Integrity. You may not reproduce, copy, transfer, sell, lease, modify, redistribute, loan, alter, adapt, port, merge reverse engineer, translate, decompile, tamper with, disassemble, decipher, decrypt, emulate the function of, reverse compile, reducing to human readable form, create derivative works of, attempt to discover the source code, deface, remove trademark or copyright notices from, or export all or any part of the Software, nor may you hack or access our systems or servers.
6. Limited Warranty. Precise Innovation provides a limited warranty to you for each Device (if you are the initial and original purchaser of the Device) that the Device is free from defects in materials or workmanship under normal use when used in compliance with the User Manual for one(1) year from the original date of purchase from an authorized Precise Innovation reseller, subject to the limitations and terms of the warranty disclosure.
7. Registration, Password, Computer Security. You agree that you will provide accurate and truthful information when registering and/or providing credit card information, will not register under any alias or other means to mask your identity, will protect the confidentiality of your password, will not allow third parties to use your password or other information to access the services, will be solely liable for use or unauthorized use of the services provided by Precise Innovation, and will be solely responsible for the security and integrity of your computer systems and for limiting and controlling access to the Software. If you suspect unauthorized use, change your password, and contact Precise Innovation at firstname.lastname@example.org or +1 (844) 543-7477
8. Updates. The Software may require updates from time to time. Precise Innovation reserves the right to modify or update the Software automatically at any time. Patch downloads or reinstalls may also be required for continued use of the Software.
9. Communications. Any information or communication you transmit to Precise Innovation will treated as non-proprietary and non-confidential and may be used by Precise Innovation for any purpose. Precise Innovation may use and exploit for its own benefit any ideas, concepts, or suggestions you submit to us without any obligation to compensate you.
10. Indemnification. You agree to indemnify, defend and hold us and our employees, officers, and agents harmless from and against any and all third party claims, demands, causes of action, costs, expenses (including attorney fees), and any legal liability whatsoever arising from, out of, or relating to (a) any breach by you of any provision of this Agreement, (b) your use of the Precise Innovation services and Software, or (c) a violation by you of any applicable law, agreement or obligation to a third party.
11. Changes to this Agreement. Precise Innovation may change, suspend, or terminate the services and/or this Agreement at any time without notice. Notification of such changes will be directed to you via the email account listed on your account or will be posted be posted on the Precise Innovation website. Your continued use and payment for Precise Innovation services after such changes indicates your acceptance of the changes.
12. Proprietary Rights: You agree and acknowledge that Precise Innovation is the sole owner and authorized licensor of the Software and Devices, including all software, graphics, designs, copyrights, trademarks, know-how, trade secrets, and other intellectual property or proprietary rights contained therein, and that you will not infringe or interfere with those rights.
13. Errors or Omissions. PRECISE INNOVATION HAS MADE REASONABLE EFFORTS TO ENSURE THE COMPLETENESS, ACCURACY AND ERROR FREE OPERATION OF THE SOFTWARE AND DEVICES; HOWEVER, DUE OF THE COMPLEXITY OF COMPUTER HARDWARE AND SOFTWARE, PRECISE INNOVATION CANNOT AND DOES NOT WARRANT OR GUARANTEE THAT USE OF THE SOFTWARE OR DEVICES WILL BE UNINTERRUPTED, ERROR FREE, OR ACCURATE.
14. No Liability for Consequential Damages. IN NO EVENT WILL PRECISE INNOVATION BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY OR PUNITIVE DAMAGES, PERSONAL INJURY, OR WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER PRECISE INNOVATION WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. Additional Disclaimer of Warranties. EXCEPT AS EXPRESSLY STATED ABOVE, ALL PARTS OF THE PRECISE INNOVATION SOFTWARE, SERVICES, AND DEVICES ARE PROVIDED “AS IS”. PRECISE INNOVATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AND EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PRECISE INNOVATION DOES NOT WARRANT THAT SOFTWARE, DEVICES, OR THE FUNCTIONS THEREOF OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SOFTWARE, DEVICES OR SERVICES WILL BE SUITABLE FOR YOUR PURPOSES.
PRECISE INNOVATION DISCLAIMS ALL LIABILITY FOR, OR WARRANTIES FROM, THIRD PARTY SERVICES OR PRODUCTS USED IN CONNECTION WITH PRECISE DATA SERVICES, SUCH AS YOUR WIRELESS CARRIER, APP STORE/PLATFORM PROVIDER OR DEVICE MANUFACTURER.
16. Your Sole Remedies. If any part of the warranty disclaimers or limitations of liability herein is found to be invalid or unenforceable for any reason or if Precise Innovation is otherwise found to be liable to you in any manner, then Precise Innovation’s aggregate liability for all claims and for all liabilities, shall not exceed the greater of (a) the amount paid by you to purchase the Devices from an authorized reseller, or (b) one hundred dollars ($100). Your sole remedies, and Precise Innovation’s sole obligations, are as set forth under the Limited Warranty, the dollar limitation set forth above, or your ability to cancel the services under paragraph 2.
17. Governing Law. The laws of the United States and the State of Kansas shall govern this Agreement without regard to conflicts of laws. Subject to the arbitration section below, YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE FEDERAL OR STATE COURTS LOCATED IN WYANDOTTE OR JOHNSON COUNTY, KANSAS FOR ALL MATTERS ARISING IN CONNECTION WITH THIS AGREEMENT, THE DEVICES, OR THE SOFTWARE. Any claims asserted by you in connection with this Agreement, the Devices, or the Software must be asserted in writing to Precise Innovation within one (1) year of the date such claim first arose, or such claim is forever waived by you. Notwithstanding the arbitration section below, Precise Innovation may seek an injunction in a court of competent jurisdiction to the extent necessary to prevent any harm to any party or liability to Precise Innovation.
18. Arbitration. You hereby submit to arbitration before a single arbitrator in connection with any dispute relating to, concerning, or arising out of this Agreement, the Software, or the Devices. The arbitration will be conducted under the rules of the American Arbitration Association, and discovery will be conducted under the Federal Rules of Civil Procedure. The arbitration will be held in Johnson County, Kansas. Payment of all filing, administration, and arbitrator fees will be governed by the arbitrator, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Precise Innovation will pay as much of the filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and Precise Innovation alone. Claims may not be joined on consolidated unless agreed to in a writing by all parties. No arbitration award or decision shall have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate a litigation or any other proceeding against Precise Innovation in violation of this paragraph, you agree to pay Precise Innovation’s reasonable costs and attorneys’ fees incurred in connection with its enforcement of this paragraph.
19. Export. You may not use or otherwise export or re-export a Device except as authorized by United States law and the laws of the jurisdiction in which the Device was obtained. In particular, but without limitation, the Devices may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Device and/or Precise Innovation services, you represent and warrant that you are not located in any such country or on any such list.
20. FCC. The Devices complies with part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) The Devices may not cause harmful interference, and (2) This device must accept any interference received, including interference that may cause undesired operation. This equipment complies with FCC RF radiation exposure limits set forth for an uncontrolled environment. For body-worn operation and use near the head, the Devices has been tested and meets the FCC RF exposure guidelines when used with the wrist strap supplied with this product. Use of other accessories may not ensure compliance with FCC RF exposure guidelines. The maximum SAR value reported for body worn operation is 1.15 W/kg. The maximum SAR value reported against the head is 0.23 W/kg.
21. Additional Provisions. The following additional provisions apply to this Agreement:
Assignment. You may not assign the benefit or obligation of this Agreement. Precise Innovation may assign this Agreement.
Binding Effect.This Agreement shall be binding upon the parties, their heirs, legal representatives, affiliates, successors, related parties, and assigns.
Integration. This Agreement is an integration which supersedes all prior and contemporaneous oral or written agreements between the parties.
Invalidity of Part. If any term or provision of this Agreement is adjudged to be invalid under the laws of any state or the United States, such invalidity shall not affect the validity or operation of the whole Agreement, unless the invalid term destroys the objects of this Agreement.
Construction. The paragraph headings in this Agreement are for convenience of reference and shall not affect its interpretation. The terms of this Agreement are to be construed as singular, plural, masculine, feminine, or neuter as context requires.
22. Contact Information. You may contact Precise Innovation at email@example.com or +1 (844) 543-7477 if you have any questions regarding this Agreement, to report a violation of this Agreement or abuse of Precise Innovation services, to receive help in uninstalling the Software, or for any other matter.
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