October 24, 2017
Updated over a week ago
These Terms of Service (“Terms”) are effective October 24, 2017, or earlier if you are presented with these Terms sooner, like when you create an account, pair your Bond Touch bracelets to a mobile device, or visit Bond Touch’s website.
Bond Touch designs products and tools that help you to keep in touch with your loved ones. These Terms apply to your access and use of our bracelets, other devices, apps, software, websites, products, and services (the “Services”), which is provided to you by Bond Touch, Inc. (“Bond Touch”). Bond Touch and its affiliates are referred to as “Bond Touch,” “we,” “us,” or “our” in these Terms.
You must accept these Terms to create a Bond Touch account and to access or use the Services. If you do not have an account, you accept these Terms by using any part of the Services. If you do not accept these terms, do not create an account or use the Services.
2. Use of the services
Persons under the age of 13 in the United States, or the equivalent minimum age in the relevant jurisdiction, are not permitted to access or use the Services or create accounts unless a parent or legal guardian has consented thereto in accordance with applicable law. Additionally, you cannot access or use the Services if you are barred from receiving services under applicable law or have previously been suspended or removed from the Services.
You may connect to the Services only by using: (a) a bracelet that is manufactured, distributed, or sold by Bond Touch itself or through its authorized resellers or agents; (b) our mobile applications and software, or approved third-party applications, software, or devices; or (c) our websites (“Authorized Connections”). You may not connect to the Services: (i) with any device that is not manufactured, distributed, or sold by Bond Touch itself or through its authorized resellers or agents (such as a knock off or counterfeit version of a Bond Touch device) or otherwise intends to resemble or purports to be a Bond Touch device; or (ii) through 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 Services. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact us at [email protected].
3. Creating an account
Full use of the Services requires that you create an account by providing us with information such as your full name and a valid email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. Bond Touch is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact [email protected] if you discover or suspect any security breach related to the Services or your account.
4. Necessary equipment
Full use of the Services is dependent upon your use of devices with adequate software that supports the Services and Internet access. The maintenance and security of these devices may influence the performance of the Services and it is your responsibility to ensure their functionality is satisfactory.
5. Posting user-generated content on the services
Bond Touch may offer Services that enable you to post, upload, store, share, send, or display photos, images, video, data, text, music, comments, and other information and content (“User-Generated Content”) to and via the Services. You retain all rights to your User-Generated Content that you post to the Services. By making your User-Generated Content available on or through the Services, you hereby grant to Bond Touch a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute your User-Generated Content, in whole or in part, including your name and likeness, in any media. The rights you grant us in this Section 5 are only for the limited purpose of offering and improving the Services.
You are responsible for your User-Generated Content. You represent and warrant that you own your User-Generated Content or that you have all rights necessary to grant us a license to use your User-Generated Content as described in these Terms.
You represent and warrant that your User-Generated Content, the use and provision of your User-Generated Content on the Services, and your use of the Services will not:
(a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy including doxing or any other unauthorized release of confidential information;
(b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(c) be fraudulent, false, misleading, or deceptive;
(d) be defamatory, obscene, pornographic, vulgar, or offensive;
(e) promote discrimination, bigotry, racism, sexism or other discrimination against gender or sexual minorities, hatred, harassment, harm, or bullying against any individual or group;
(f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or
(g) promote illegal or harmful activities or substances.
You further agree not to:
(1) upload any content that contains software viruses, is malware, or is designed to interrupt, destroy, or limit the functionality of any equipment or Services, or that contains other harmful, disruptive, or destructive files or content;
(2) use or attempt to use another user’s account without authorization, or impersonate any person or entity;
(3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications;
(4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or
(5) use the Services in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our users to any harm or liability of any type.
Bond Touch may, in its sole discretion, alter, remove, or refuse to display any of your User-Generated Content, may forbid you from posting, uploading, storing, sharing, sending, or displaying your User-Generated Content to and via the Services, and may contact law enforcement in connection with any unauthorized User-Generated Content under Section 9 below.
6. Bond Touch’s rights
“Bond Touch Content” includes any photos, images, graphics, video, audio, data, text, music, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Services. Bond Touch Content, the Services, and its underlying technology are protected by copyright, trademark, service mark, trade dress, patent, trade secret, mask work, database, intellectual property, and other laws of the United States and foreign countries. We reserve all rights that are not expressly set forth in these Terms. You agree not to remove, change, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services. Our logos and any other Bond Touch trademarks that may appear on the Services, and the overall look and feel of the Services, including bracelet appearances, page headers, graphics, icons, scripts, and other interfaces, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
7. What you can do on the services
The Services are intended for your personal, non-commercial use.
Bond Touch grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (a) access and use the Services, (b) access and view the Bond Touch Content, (c) access and use the software and mobile applications provided by the Services, and (d) use the software that is embedded into Bond Touch bracelets or any other Bond Touch devices as authorized in these Terms. This license is provided solely for your personal, non-commercial use and enjoyment of the Services as permitted in these Terms.
You may not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Bond Touch Content, Services or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Bond Touch or its licensors, except for the licenses and rights expressly granted in these Terms.
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 Services:
(1) use, display, mirror, or frame the Services or any individual element within the Services, including the layout and design of any interface or page, without Bond Touch’s express written consent;
(2) use Bond Touch’s name, any Bond Touch trademark or logo, or any other Bond Touch proprietary information without Bond Touch’s express written consent;
(3) access or tamper with non-public areas of the Services, Bond Touch’s computer systems, or the systems of Bond Touch’s third-party providers, including any of Bond Touch’s servers;
(4) test the vulnerability of any Bond Touch system or breach any security or authentication measures;
(5) circumvent any technological measure implemented by Bond Touch or any of Bond Touch’s providers or any other third party (including another user) to protect the Services;
(6) access the Services or Bond Touch Content through the use of any mechanism other than through the use of an Authorized Connection, Services, or Bond Touch API; or
(7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that Bond Touch provides to you or any other part of the Services.
You are granted a limited, nonexclusive, and nontransferable right to create a text hyperlink to the Services for noncommercial purposes, provided that such link does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time in Bond Touch’s sole discretion.
9. Our enforcement rights
We are not obligated to monitor access or use of the Services or to review or edit the Bond Touch Content, or your User-Generated Content, but we have the right to do so for the purpose of operating the Services, 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 reserve the right (but are not required) to remove or disable access to the Services, any Bond Touch Content, or your User-Generated Content at any time and without notice, and at our sole discretion, if we determine that the Bond Touch Content, your User-Generated Content, or your use of the Services is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Services, and in response may take any action we may deem appropriate.
10. Use the services at your own risk
If you rely on any Bond Touch Content or the Services, you do so solely at your own risk. We aim to provide helpful and accurate information on the Services, but we make no endorsement, representation, or warranty of any kind about any Bond Touch Content, the Service, or any information related thereto, except as may be described in the Terms of Sale. We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the Services. Such information may be unavailable, inaccurate, or incomplete. Use of the Services should not replace your good judgment and common sense. Please read and comply with any safety notices that accompany your use of the Services.
11. Staying healthy with wearable devices
Prolonged contact with wearable devices such as the bracelet may contribute to skin irritation or allergies in some users. To reduce the risk of irritation, follow four simple wear and care tips: (a) keep it clean; (b) keep it dry; (c) do not wear it too tight, and (d) give your wrist a rest by removing the bracelet for at least an hour after extended wear. If you notice any skin irritation, soreness, tingling, numbness, burning, or stiffness in your hands or wrists while or after wearing the product, remove your bracelet and please discontinue use. If any symptoms persist longer than 2-3 days after removing the device, consult your doctor.
12. DMCA/Copyright policy
Bond Touch respects the intellectual property of others and expects its users to do the same. It is Bond Touch’s policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe the rights of copyright holders in accordance with the U.S. Digital Millennium Copyright Act (“DMCA”, the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov).
A copyright owner, or any person authorized to act on behalf of one, or any person authorized to act under any exclusive right under copyright, that believes that any material available on or through the Services, including applications, products, User-Generated Content, posts or materials on user forums, or any other content (collectively referred to as “Content”), infringes upon such person’s copyrights may report alleged copyright infringements by providing the information in the following DMCA Notice of Alleged Infringement (“Notice”) and delivering it to Bond Touch’s Designated Copyright Agent identified below. Upon receipt of the Notice, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the Content. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the Content so that such owner or administrator can make a counter notification.
Please note that filing a report of intellectual property infringement is a serious matter with legal consequences. Any person who knowingly makes a material misrepresentation that material or activity is infringing could be liable for damages pursuant to section 512(f) of the DMCA or similar laws in other jurisdictions or countries. We suggest first contacting an attorney before filing a report under the DMCA. A copyright notice may not be valid if all legal requirements below are not met.
Requirements for a DMCA notive of alleged infringement.
Identify the copyrighted work claimed to have been infringed, or—if multiple copyrighted works are covered by this Notice—provide a representative list of the copyrighted works that claimed to have been infringed.
Identify the material claimed to be infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the site(s) where such material may be found.
Provide a name, mailing address, telephone number, and, if available, email address. (Note that we may provide your contact information, including name and email address, the name and address of the owner of the right in question, and/or the contents of the report, to the person that posted the material being reported.)
Include both of the following statements in the body of the Notice:- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” - “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide a full legal name and an electronic or physical signature.
Deliver this Notice, with all items completed, to Bond Touch’s Designated Copyright Agent:
Bond Touch inc,
101 Jefferson Drive, 1st Floor
13. Terms of sale and returns and warranty
Bond Touch’s Terms of Sale apply to purchases of Bond Touch bracelets. The Terms of Sale are incorporated into and made a part of these Terms. All orders placed are subject to Bond Touch’s acceptance. We may accept, decline, or place limits on your order for any reason.
14. Feedback and submissions policy
We are always pleased to receive communications from Bond Touch users. However, neither Bond Touch nor any of its employees may accept or consider any unsolicited ideas, including ideas for new or improved products or services, new marketing campaigns or product or service names. Therefore, please do not submit any such unsolicited ideas in any form to Bond Touch or any of its employees. This policy is necessary to avoid potential misunderstandings or disputes that may arise if our new products or services or marketing campaigns were to appear similar to an idea submitted by you.
If, despite our policy, you still submit an idea to us, then regardless of anything contained in your submission you agree that the following shall apply: (a) we shall have no obligation to review the submission; (b) the submission and its contents shall automatically become the property of Bond Touch, without any compensation to you; (c) we may consider the submission and its contents to be non-confidential and non-proprietary; and (d) we may redistribute or use (for commercial purposes or otherwise) the submission and its contents for any purpose and in any way, without any compensation to you.
If a Bond Touch user or a member of the public provides us (at our request or otherwise) a comment or suggestion regarding our products or services through any means, such as through email, any forums, or any social network, this Section 14 shall also apply thereto.
15. Contests and giveaways
Additional terms and conditions may apply to surveys, contests, giveaways, and other promotions sponsored by Bond Touch or its partners. It is your responsibility to carefully review those terms and conditions.
16. Alerts and notifications
As part of your use of the Services, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to receive these communications. You can control most communications from the Services by changing your account settings. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.
17. Third-party services
18. Changes to the services
Bond Touch may change or discontinue, temporarily or permanently, any feature or component of the Services at any time without notice. Bond Touch is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of the Services. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Bond Touch products without prior notice to you.
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Services, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove your User-Generated Content and other information related to your account. You may close your account at any time by contacting Customer Support. Upon any termination of these Terms or suspension, termination, or discontinuation of the Services or your account, the following provisions of these Terms will survive: Sections 1, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25.
The services and Bont Touch content are provided “as is,” without warranty of anykind. Without limiting the foregoing, we explicitle disclaim all express or implied warranties arising out of or related to these terms or the services, including 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 Services or Bond Touch Content 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 Services or any Bond Touch Content.
You will indemnify and hold harmless Bond Touch or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (a) your access to or use of the Services, (b) your User-Generated Content, (c) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (d) your violation of any law or the rights of a third-party. 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.
22. Limitation of liability
Neither Bond Touch, its suppliers, or licensors, nor any other party involved in creating, producing, or delivering the services 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 services arising out of or in connection with these terms or from the use of or inability to use the services, whether based on warranty, contract, tort (including negligence), product liability, or any other legar theory, and whether or not Bond Touch has been informed of the possibility of such damage, even if a limited remedy ser forth herein is found to have failed of its essential purpose.
In no event will Bond Touch’s total liability arising out of or in connection with these terms or from the use of or inability to use the services exceed the amounts you have paid to Bond Touch for use of the services or one hundred United States Dollars (USD$100), if you have not had any payment obligations to Bond Touch, as applicable.
The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Bond Touch and you.
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.
23. Dispute resolution
Please read this section carefully because ir requires you to arbitrate certain disputes and claims with us and limits the manner in which you can seek relied from us.
You agree that any dispute between you and Bond Touch arising out of or relating to these Terms of Service, the Services, or any other Bond Touch products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
(a) Governing Law. Except as otherwise required by applicable law, the Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.
(b) Informal Dispute Resolution. We want to address your concerns without needing a formal legal case. Before filing a claim against Bond Touch, you agree to try to resolve the Dispute informally by contacting [email protected] We will try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after your initial submission of the claim, you or Bond Touch may bring a formal proceeding.
(c) Agreement to Arbitrate. You and Bond Touch agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
(d) Opt-Out of Agreement to Arbitrate. You can decline this agreement to arbitrate by contacting [email protected] within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.
(e) Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, San Mateo County, California, or any other location we agree to.
(f) Arbitration Fees. The AAA rules will govern payment of all arbitration fees. Bond Touch will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(g) Exceptions to Agreement to Arbitrate. Either you or Bond Touch may assert claims, if they qualify, in small claims court in San Mateo County, California, or any United States county where you live or work. Either party may bring legal action before any court, tribunal, or governmental agency solely for injunctive relief to stop unauthorized use or abuse of the Bond Touch products or Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
(h) No Class Actions. You may only resolve Disputes with Bond Touch on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.
(i) Judicial Forum for Disputes. Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Bond Touch agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Mateo County, California. Both you and Bond Touch consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
(j) Limitation on Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Bond Touch products or Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
24. General terms
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Bond Touch and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Bond Touch and you regarding the Services and Bond Touch Content.
We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the Services. When you use the Services after a modification becomes effective, you are accepting the modified Terms.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without Bond Touch’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Bond Touch may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by Bond Touch under these Terms, including those regarding modifications to these Terms, will be given via email or by posting to the Services. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted. Bond Touch’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 Bond Touch. 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.
25. 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.
26. Contact us
Please contact us if you have any questions about these terms.
Bond Touch inc,
101 Jefferson Drive, 1st Floor