Prometheus Attitude Inc. “OkMe”
HOW WE VIEW YOUR PRIVACY
We respect your privacy. This means we seek to always be transparent about:
• our data practices and how we keep your data safe
• how your information is shared, and how we let you control data sharing
• how we collect data that helps us improve our products and services
WE DON’T SELL PERSONALLY IDENTIFIABLE DATA TO ANYONE
if you have any questions, please contact us at email@example.com with subject “OkMe privacy question”.
WHEN WE COLLECT DATA
When you activate a device
When activating a OkMe Device, you will need to download the OkMe App and provide certain information about yourself and your emergency contacts. We use this information to personalize your use of the OkMe Device and App and allow you to access their functionality. When you use the OkMe Services, we collect data including, but not limited to your name, contact information, the names and contact information of your OkMe contacts, and your specific location, and transmit this data to OkMe. In addition, when you send alerts through the OkMe Services, your OkMe contacts, operators and members will receive a text and/or an e-mail (and/or a push notification in the OkMe App when the user has installed and allowed such notifications to be received) with a note that you have sent the alert and information that can be used to assist in tracking your location until the alert is canceled and in the case of push notification an alert card and other information will be visible in the OkMe App. These messages can be forwarded or otherwise shared by your OkMe contacts with others without our, or your, knowledge.
When you visit our sites
When you are accessing the App
When you access the App, data about your activity is transferred to our servers and those of our third-party contractors performing analytical support. This data is stored and used to provide the OkMe Service and is associated with your account. Each time you create an alert, we log data about the transmission. Some examples of the log data include the time of alerts you generate, your location data, your current OkMe contacts and their contact information, and related data that allows us to provide the OkMe Services.
When you buy from our store
When you contact us
Whenever you contact OkMe for help, we collect your name and email address along with additional information you provide in your request so that we can provide you with assistance and improve the OkMe Service. Where you contact OkMe for any other reason or through any other channel, we may collect information you provide to us in that contact. You can also contact OkMe on public forums such as Facebook or other social media; however, we cannot maintain the privacy of your communication to us if you contact us through these social media forums or other platforms.
When you add OkMe contacts
To get the benefit of your OkMe Device, you will need to add OkMe emergency contacts in your App. You can directly enter any telephone numbers. When you share information with us about your contacts to add them as a OkMe contact, we use that information to contact them in the event you initiate a OkMe alert through your OkMe device using third parties messaging services.
When you use OkMe location features
The OkMe Service includes features that require the collection of specific location data.
• Data and logs are used in research to understand and improve the OkMe Service; to troubleshoot the OkMe Service; to detect and protect against error, fraud or other criminal activity; and to enforce the OkMe Terms of Service.
• De-identified data that does not identify you may be used to inform the health, safety, and/or other public communities about trends; for marketing and promotional use; or for sale to interested audiences. See “Data That Does Not Identify You (De-Identified Data)” in the next section to learn more.
WHAT KINDS OF DATA WE SHARE
Data that could identify you
Personally Identifiable Information (PII) is data that includes a personal identifier like your name, email or address, social security number, date of birth, or any other data that be used to contact, locate or identify you. We will only share this data under the following circumstances:
• With companies that are contractually engaged in providing us with services, such as order fulfillment, email management and credit card processing. These companies are obligated by contract to safeguard any PII they receive from us.
• If we believe that disclosure is reasonably necessary to comply with a law, regulation, valid legal process (e.g., subpoenas or warrants served on us), or governmental or regulatory request, to enforce or apply the Terms of Service, to protect the security or integrity of the OkMe Service, and/or to protect the rights, property, or safety of OkMe, its employees, users, or others. If we are going to release your data, we will attempt to provide you with notice in advance by email, unless we are prohibited by law or legal process from doing so.
Data that does not identify you (de-identified data)
OkMe may share or sell aggregated, de-identified data that does not identify you, with partners and the public in a variety of ways, such as by providing research or reports about safety, trends, or other matters of public concern. When we provide this information, we perform appropriate procedures so that the data does not identify you and we contractually prohibit recipients of the data from re-identifying it back to you.
WAYS YOU MIGHT SHARE YOUR DATA
Data that you direct us to share.
OkMe provides many ways for you to share data with us, other OkMe users, and the general public, such as on our Facebook page or other social media. When you interact with us or others in these ways, you will be displaying your data based upon the visibility settings in your relevant social media account settings. Always check specific policies associated with any social media forum or platform to understand what data will be visible to us and other users.
Contests and giveaways.
HOW LONG WE SAVE YOUR DATA
We store your PII for as long as you use the OkMe Service and for a period of five years thereafter or otherwise as our data retention policy may require.
HOW TO EDIT OR MODIFY DATA
You can contact us at firstname.lastname@example.org to update or correct any PII you provide to OkMe through the Site. Data that you provide to OkMe through the App can be modified in the App. Backups of your data will be maintained by OkMe in our archive servers and stored for terms provided in our data retention policies as implemented and modified from time to time.
Under certain circumstances you may:
• request access to copies of the personal data we hold about you and further information in relation to its processing, or else request that such information be supplemented, updated or rectified;
• request erasure, anonymization or blocking of your personal data that is processed in breach of the law;
• object on legitimate grounds to the processing of your personal data. In certain circumstances we may not be able to stop using your personal data; if that is the case, we’ll let you know why; and
• withdraw your consent – when personal data is processed on the basis of consent you may withdraw consent at any time. This does not affect the lawfulness of processing which took place prior to its withdrawal. In the event that you no longer want to receive any marketing material from us, please use the unsubscribe option (which is in all of our marketing emails to you), or contact us.
To exercise such rights (other than withdrawing from marketing emails) please contact email@example.com
HOW TO DEACTIVATE YOUR OkMe ACCOUNT
You can deactivate your OkMe App by deleting your OkMe contacts from the App and deleting the App from your smartphone or other qualifying device. You should also disable the subscription. Backup copies of this data will be removed from our server based upon an automated schedule, and we currently remove and destroy most data after retaining it for a period of one (1) year. OkMe may continue to use your de-identified data after you deactivate your account.
OKME's POLICIES FOR CHILDREN
The OkMe Service is not directed at persons under the age of 13. We do not knowingly collect any PII from children under 13. If you are aware of a user under the age of 13 using a Device or the OkMe Service, please contact us at firstname.lastname@example.org
CAN I OPT-OUT OF RECEIVING OKME EMAILS?
Yes, you can opt-out of receiving any Device or other OkMe product update notices, marketing, or other e-mail messages we may send you by unsubscribing via the “Unsubscribe” link in any OkMe e-mail. Opting-out of these e-mails will not end transmission of important service-related e-mails that are necessary to your use of the OkMe Service.
HOW DOES OKME KEEP MY DATA SAFE?
OkMe uses a combination of technical and administrative security controls to maintain the security of your data. If you have a security-related concern, please contact email@example.com
HOW DOES OKME HANDLE DATA FROM INTERNATIONAL VISITORS?
The OkMe Service may be hosted and operated outside of the United States and is subject to all applicable laws, domestic or foreign. Any personal information that you provide to OkMe may be transferred to OkMe for use outside of the United States. You consent to the transfer of your personal information outside of the United States. If you are accessing the OkMe Service from outside the United States, please be advised that, to the extent applicable, United States law may not offer the same privacy protections as the law of your jurisdiction.
Technologies we use.
Cookies are text files that are sent by servers to web browsers and stored on your computer. They tell us which parts of the OkMe Service you’ve visited so we can figure
out which promotions you may like to see or to alert you to software compatibility issues.
Web beacons and pixel tags are images embedded in a webpage or email for the purpose of measuring and analyzing usage and activity. OkMe, or third party service providers acting on our behalf, may use web beacons and pixel tags to help us analyze usage and improve our functionality.
Does OkMe honor “do not track” signals?
We don’t take a position on your use of “Do Not Track” signals, but use of such signals may impact your experience using the OkMe Service and the functionality of the OkMe Service as applied to you and the device through which you access the OkMe Service. We may modify our position on Do Not Track signals, and the functionality of the OkMe Service, as the law and policy in this area develops.
We use third-party advertising cookies to present you with opportunities to purchase Devices or other OkMe products on our web sites; and retargeting cookies, to present you with OkMe advertising on other websites based on your interaction on our web sites and other websites.
We also may use third-party data analytics platforms to improve the OkMe Service in a variety of ways.
You can email us with any questions or comments at firstname.lastname@example.org
DATE OF LAST UPDATE: June 20, 2019 (subject to future changes)
TERMS OF SERVICE
OkMe (Prometheus attitude, Inc.) designs products and services to assist users to lead more secure lives. These Terms of Service (“Terms”) govern your purchase and use of our OkMe devices (“Products”), our websites, including www.okme.info, the software embedded in Products, the OkMe mobile applications (the “OkMe Apps”), monthly monitoring and other OkMe services (collectively, the “OkMe Service”).
IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE OkMe APP, VISIT WWW.OKME.INFO OR USE THE
These Terms May Change
Because our business and the environment we all live in changes, these Terms will change over time. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on www.okme.info. We also may notify you by email of other changes to the Terms through the OkMe Service (including through the App), or at our election and discretion, by providing you with a new Terms of Service to accept. When you use the OkMe Service after a modification is posted or you are notified of any modification, you are accepting the modifications to these Terms.
Who Can Use the OkMe Service?
You may use the OkMe Service if you are 13 years of age or older and are not barred from receiving services under applicable law. You may connect to the OkMe Service using (i) a Product that is manufactured, distributed, or sold by or on behalf of OkMe, (ii) a OkMe App, (iii) approved third-party applications or devices, o (iv) www.okme.info (collectively, the “Authorized Connections”). You may not connect to the OkMe Service with any device that (x) is not manufactured, distributed, or sold by or on behalf of OkMe (such as a knock off or counterfeit version of a Product), (y) otherwise intends to resemble or purports to be a OkMe device, or (z) any unauthorized application or third party connection. Any violation or attempted violation of this provision may result in the immediate suspension or termination of your ability to access the OkMe Service.
Creating an Account
Full use of any OkMe App requires that you create an account with the required information as specified in the OkMe App. You are responsible for all activity that occurs in association with your OkMe App account. OkMe is not liable for any loss or damages caused by your failure to maintain the confidentiality of your OkMe App account credentials.
Full use of the OkMe Service is dependent upon your use of a mobile device with adequate software, or a Product, supported mobile cellular device and Internet access. The maintenance and security of this equipment may influence the performance of the OkMe Service (especially OkMe App) and it is your responsibility to ensure the equipment’s functionality.
Posting Your Content On The OkMe Service
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use and provision of Your Content on the OkMe Service will not: (a) infringe, misappropriate or otherwise violate any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (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 or otherwise contribute to discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are or would reasonably be expected to be threatening to any person or entity; or (g) promote illegal or harmful actions, activities or substances.
You also agree that Your Content will comply with the following community guidelines:
• Be respectful of the opinions of others. Even though you might not agree with someone, that doesn’t mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return.
• Do not post profane or explicit content.
• Do not post pictures that might be considered inappropriate.
• Do not post communications that could be interpreted as threatening or harassing.
• Do not post, advertise, or promote products or services commercially.
“OkMe Content” includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the OkMe Service to you. Except for Your Content, all OkMe Content, the OkMe Service and all underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any OkMe Content or the OkMe Service, and you further agree not to reverse engineer or otherwise tamper with any Products, any OkMe Apps, or any other part of the OkMe Service.
OkMe makes no warranty that the OkMe Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. In addition, OkMe makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any OkMe Content. You acknowledge and agree that if you rely on any OkMe Content, you do so solely at your own risk.
What You Can Do On The OkMe Service
The OkMe Service is intended solely for your personal, non-commercial use.
OkMe grants you a limited, non-exclusive, personal and non-transferable, non-sublicensable right and license to (1) access and view the OkMe Content, (2) access and use the software and mobile applications provided by the OkMe Service (including any OkMe Apps, but only if you have a genuine OkMe Product paired with a OkMe App), and (3) use the software that is embedded in Products as authorized in these Terms. This license is provided solely for your personal use and enjoyment of the OkMe Service as permitted in these Terms.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, reverse engineer, or otherwise exploit the OkMe Content, OkMe Service 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 OkMe or its licensors or commercial/business partners except for the licenses and rights expressly granted in these Terms.
Things You Cannot Do On The OkMe Service
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 OkMe Service: (1) use, display, mirror or frame (i) the OkMe Service or any individual element within the OkMe Service, (ii) OkMe’s name, (iii) any OkMe trademark, logo or other proprietary information, or (iv) the layout and design of any web page or form contained on a web page, without OkMe’s express written consent; (2) access or tamper with non-public areas of the OkMe Service, OkMe’s computer systems, or the technical delivery systems of OkMe’s providers; (3) test the vulnerability of any OkMe system or breach any security or authentication measures; (4) circumvent any technological measure implemented by OkMe or any of OkMe’s providers or any other third party (including another user) to protect the OkMe Service or OkMe Content; (5) access the OkMe Service or OkMe Content through the use of any mechanism other than through the use of an Authorized Connection; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that OkMe provides to you, or that is embedded or otherwise included in any Product or any other part of the OkMe Service.
Our Enforcement Rights
We are not obligated to monitor access or use of the OkMe Service, OkMe Content, or Your Content or to review or edit any OkMe Content or Your Content, but we have the right to do so for the purpose of operating the OkMe Service, 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 OkMe Service, any OkMe Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the OkMe Content, Your Content, or your use of the OkMe Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the OkMe Service.
Without limiting OkMe’s above rights, we may also remove or disable access to the OkMe Service if your use of the OkMe Service exceeds any OkMe App alert usage or other usage limits set by OkMe from time to time.
Use The OkMe Service At Your Own Risk
Our goal is to provide helpful and accurate information on the OkMe Service, but we make no endorsement, representation or warranty of any kind about the OkMe Service including the activation of any alerts by you, any OkMe Content, information, services or recommendations. The accuracy of the data collected and presented through the OkMe Service is not intended to match that of public or other private emergency services.
Without limiting anything in the preceding paragraph, OkMe is not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive or send through the OkMe Service. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate or incomplete. Use of the App also requires a data service, Bluetooth connection between the OkMe device and your smartphone, and a cellular connection. If you rely on any OkMe Content or the OkMe Service, you do so solely at your own risk.
Please review the OkMe Service General Disclaimer and the OkMe Limited Warranty so that you fully understand these limitations on the OkMe Service and your use of any Products and OkMe Apps.
Use Common Sense
Use of the OkMe Service (including but not limited to any Product and any OkMe App) should not replace your good judgment and common sense (and that of your OkMe contacts that you designate in any OkMe App). Please read and comply with all safety and cautionary notices that accompany your Product and/or the OkMe Service, including those located on the Product packaging and insert, as well as any other notices posted on any part of the OkMe Service.
OkMe respects copyright law and expects its users to do the same. It is OkMe’s policy to terminate in appropriate circumstances account holders who repeatedly infringe the rights of copyright holders.
Additional Policies Apply To Product Orders
OkMe’s Terms of Sale (and Return Policy) and OkMe’s Limited Warranty apply to purchases made through the OkMe store at www.okme.info. All orders placed are subject to OkMe’s acceptance. We may accept, decline, or place limits on your order for any reason.
We are always pleased to hear from users of the OkMe Service and those interested in OkMe, whether in the form of comments or other feedback. However, neither OkMe, nor any of its employees or any other representatives of OkMe, 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 OkMe or any of its employees or representatives. This policy is necessary to avoid potential misunderstandings or disputes that may arise if any of 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: (i) we shall have no obligation to review the submission; (ii) the submission and its contents shall automatically become the property of OkMe, without any compensation to you; (iii) we may consider the submission and its contents to be non-confidential and non-proprietary; and (iv) 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. In addition, OkMe does not waive any rights to use similar or related ideas previously known to us, developed by OkMe, or obtained from sources other than you.
Contests And Giveaways
Additional terms and conditions may apply to contests, giveaways and other promotions sponsored by OkMe and its partners. It is your responsibility to carefully review these terms and conditions.
You Agree to Receive Alerts And Notifications
We Are Not Responsible For Third-Party Links On The OkMe Service
Changes To The OkMe Service
OkMe may change or discontinue, temporarily or permanently, any feature or component of the OkMe Service at any time without prior notice to you. OkMe is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the OkMe Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by a OkMe App through any Product without prior notice to you.
If you violate these Terms, we reserve the right to deactivate your OkMe account or access, or otherwise terminate your use of the OkMe Service, at our sole discretion, at any time and without prior notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your OkMe account or access. Upon any termination, discontinuation or cancelation of the OkMe Service or your OkMe account or access, all of these Terms will survive to the full extent necessary to protect the party in whose favor they run.
You will indemnify and hold harmless OkMe and its affiliates and vendors, and their respective 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 unauthorized access to or use of the OkMe Service including by way of example only, the OkMe web site, (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.
Governing Law and Dispute Resolution
You agree that any dispute between you and OkMe arising out of or relating to these Terms or any other aspect of the OkMe Service (collectively, “Disputes”) will be governed by the arbitration procedure outlined in OkMe’s Limited Warranty, which procedure is incorporated herein by reference.
As provided in OkMe’s Limited Warranty, these Terms 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.
You may not assign or transfer these Terms, by operation of law or otherwise, without OkMe’s express prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. OkMe 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.
OkMe will not be responsible for any failure or delay in its performance under these Terms due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riot, or acts of God.
The failure by OkMe to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision. 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.
All notices required or permitted to be given under these Terms will be in writing and will be deemed given: (i) upon actual delivery, if made by personal service; (ii) three (3) days after mailing, if made by U.S. certified or registered mail; (iii) one (1) business day after delivery to the courier or overnight delivery service, if made by courier or overnight delivery service, and (iv) when received by electronic communication if you elect to receive notice from OkMe by electronic communication. All notices will be addressed to such address as the party who is to receive the notice so designates by written notice to the other.
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 OkMe products or services. In the event that there is a conflict between these Terms and any such additional terms, the additional terms will control.
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.
PLEASE NOTE THAT THESE TERMS OF SERVICE MAY BE UPDATED, MODIFIED OR OTHERWISE CHANGED FROM TIME TO TIME BY OKME IN ITS SOLE DISCRETION SO YOU ARE ADVISED TO REVIEW THESE TERMS OF SERVICE PERIODICALLY. ANY SUCH CHANGES SHALL ONLY APPLY TO ANY SERVICES PERFORMED FOR OR RENDERED TO YOU ON OR AFTER THE DATE OF ANY SUCH CHANGE.
DATE OF LAST UPDATE: February 14, 2019 (subject to further changes)
OKME LIMITED WARRANTY
Prometheus Attitude, Inc., and its affiliated companies worldwide (“OkMe”), warrants each OkMe device and any other product (“Product”) against defects in material or workmanship for a period of 30 days from the original date of purchase of the Product by a consumer (the “Warranty Period”). If a material or workmanship defect arises with regard to any Product, and a valid claim is received within the Warranty Period, OkMe will (i) repair the Product using new or refurbished parts or (ii) replace the Product with a new or refurbished Product. For purposes of this limited warranty, “refurbished” means a Product or part that has been substantially returned to its original specifications.
This Limited Warranty is your sole and exclusive remedy for any breach by OkMe of this Limited Warranty, and OkMe’s sole and entire liability for such breach, is either, at OkMe’s option, to repair or replace the defective Product or, if the warranty claim is submitted during the first 7 calendar days of the Warranty Period, refund the purchase price of the defective Product. OkMe reserves the right to send you a replacement Product that is the same or of a similar style to the Product you returned under this Limited Warranty or a substitute equivalent to your original Product that may not be of like kind (depending on availability). Replacement Products will be furnished only on an exchange basis. Replacement or repaired Products are warranted as above only for the remainder of the original applicable Warranty Period.
For end users who are covered by an applicable consumer protection law or regulation in their jurisdiction of purchase or residence, the benefits to the end user under this limited warranty are in addition to other rights and remedies of the end user under such laws or regulations.
Such benefits may include additional warranties or rights relating to the performance of the Product and remedies applicable in the event of a defect. This limited warranty will be interpreted under the laws or regulations that apply to the end user in any state, province or country and any provision of this limited warranty that conflicts with any such end user rights or benefits is not applicable to end users covered by such law or regulation, so the exclusions and limitations set out in this limited warranty may not apply, or may not fully apply, to you.
ACKNOWLEDGMENT OF REQUIREMENTS FOR OKME PRODUCTS TO PROPERLY FUNCTION
You understand and agree that, to function properly, your OkMe Product must be effectively paired with a qualifying smartphone (and within effective Bluetooth range) that has a loaded and functioning OkMe app and a functioning cellular/data service, and that your OkMe Product and its related app can only function properly in areas of availability of wireless telemetry coverage. Please see the OkMe Product operating requirements for a more detailed description of such requirements.
All Products and app functions are also subject to transmission limitations caused by atmospheric or topographical conditions or other causes. You acknowledge and agree that OkMe shall have no liability whatsoever (under this limited warranty or any theory of law, equity or tort) for any failures resulting from any condition where these requirements for proper functioning are not met, or not fully met during any period of time, including but not limited to during the initiation, continuation or termination of any OkMe alert. You acknowledge and agree that if you rely on any Product, any OkMe content or any OkMe service, you will be doing so at your own risk.
LIMITED WARRANTY EXCLUSIONS AND LIMITATIONS
EXCEPT AS EXPRESSLY SET FORTH HEREIN, EACH PRODUCT, EACH OKME APP, THE OKME SERVICE, AND THE OKME WEB SITE IS PROVIDED SOLELY ON AN “AS IS” BASIS AND OkMe MAKES NO OTHER WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY PRODUCT, ANY OKME APP, THE OKME SERVICE OR ANY USE OF THE OKME WEB SITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY PRODUCT, ANY OKME APP, THE OKME SERVICE OR THE WEB SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OKME SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. IF SUCH DISCLAIMER OF ANY IMPLIED OR STATUTORY WARRANTY IS NOT PERMITTED BY LAW, THE DURATION OF ANY SUCH IMPLIED OR STATUTORY WARRANTY IS LIMITED TO THE DURATION OF THE WARRANTY PERIOD OF THE LIMITED WARRANTY AS SET FORTH ABOVE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED OR STATUTORY WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IF APPLICABLE LAW SPECIFIES A MINIMUM WARRANTY PERIOD THAT IS LONGER THAN THE WARRANTY PERIOD SET FORTH IN THIS LIMITED WARRANTY, THEN THE WARRANTY PERIOD FOR ANY PRODUCT SUBJECT TO SUCH APPLICABLE LAW SHALL BE CONFORMED TO THE MINIMUM PERIOD SO REQUIRED. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
LIMITATIONS ON OKME'S LIABILITY TO YOU
IN NO EVENT, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, SHALL OKME, ITS SUBSIDIARIES, PARENTS, AFFILIATES, THIRD-PARTY CONTENT PROVIDERS, VENDORS, DISTRIBUTORS, OR SUPPLIERS AND/OR OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OF ANY NATURE WHATSOEVER, 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 THE USE OF OR INABILITY TO USE ANY PRODUCT OR OkMe SERVICE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCT OR ANY THIRD PARTY PRODUCTS THAT ARE USED WITH THE PRODUCT, OR LOSS OF USE OF THE PRODUCT OR ANY THIRD PARTY PRODUCTS THAT ARE USED WITH THE PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF OKME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), THE ENTIRE AGGREGATE LIABILITY OF OKME AND ANY OF ITS DISTRIBUTORS AND/OR SUPPLIERS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT OR OKME SERVICE GIVING RISE TO LIABILITY.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
FURTHER EXCLUSIONS AND LIMITATIONS; OkMe (Prometheus Attitude, Inc.) IS NOT AN INSURER
YOU AGREE THAT OKME IS NOT AN INSURER OF YOUR PROPERTY OR THE PERSONAL SAFETY OF PERSONS USING ANY PRODUCT, THEIR PERSONAL OKME CONTACTS, OR THOSE AROUND ANY SUCH PERSON. THE PRICE OKME CHARGES FOR EACH PRODUCT AND/OR ANY ASSOCIATED OKME SERVICES REFLECT THE VALUE OF THE GOODS AND/OR SERVICES WE PROVIDE AND NOT THE VALUE OF YOUR PREMISES OR ANY OTHER PROPERTY, OR ITS CONTENTS, OR ANY LOSSES ASSOCIATED WITH PERSONAL INJURY OR DEATH. YOU ARE HEREBY ADVISED AND PUT ON NOTICE THAT INSURANCE, IF ANY, COVERING PERSONAL INJURY AND PROPERTY LOSS OR DAMAGE TO THE PERSON OR PREMISES OR ANY OTHER PERSON OR PROPERTY SHALL BE OBTAINED BY SUCH PERSON SOLELY FROM A THIRD PARTY INSURANCE COMPANY.
WARRANTY CLAIM PROCESS REQUIREMENTS
When requesting a warranty replacement, we will require proof that the claim is valid. In this regard, we may ask you, for example and not by way of limitation, to send a photograph of your damaged Product, return your Product to us for warranty coverage verification, send a photograph of your receipt for the purchase of the Product, or provide such other proof as we may request to allow us to determine the validity of warranty coverage on your claim.
PLEASE READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY. IT LIMITS CERTAIN OF YOUR RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH A COURT ACTION.
You agree that any and all disputes (other than those described in the “Exceptions to Agreement to Arbitrate” section below) relating to your purchase or use of any Product and/or OkMe service, or the use by any of your OkMe contacts of any alert issued from your Product and/or through any OkMe service, shall be subject to and settled exclusively by arbitration. To begin arbitration, either you or OkMe must make a written demand to the other for arbitration for the applicable claim (“Claim”). The arbitration will take place before a single arbitrator. It will be administered in accordance with the Expedited Procedures of the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”) in effect when the Claim is filed. You may get a copy of these AAA’s Rules by visiting www.adr.org. The filing fees to begin and carry out arbitration will be shared equally between you and OkMe. This will not prohibit the arbitrator from awarding the winning party its fees and expenses of the arbitration. Unless you and OkMe agree otherwise, the arbitration will take place in the City and County of San Diego, California. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and not any state law on arbitration. YOU AGREE AND UNDERSTAND THAT THIS ARBITRATION PROVISION MEANS THAT YOU GIVE UP YOUR RIGHT TO GO TO COURT ON ANY CLAIM COVERED BY THIS PROVISION. You also agree that any arbitration proceeding will only consider your Claim. Claims by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering your Claims. YOU AGREE AND UNDERSTAND THAT you are waiving class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations. THE DEGREE TO WHICH ARBITRATION CAN BE USED AS A DISPUTE RESOLUTION PROCESS FOR CONSUMER CLAIMS VARIES FROM STATE TO STATE, SO THIS ARBITRATION PROVISION MAY NOT APPLY TO YOU, DEPENDING ON YOUR STATE OF RESIDENCE.
In the event this arbitration provision is contested by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, you and OkMe specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between you and OkMe, any such lawsuit will be tried before a judge and not a jury. Further, you and OkMe agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts located in the City and County of San Diego, California. Both you and OkMe consent to venue and personal jurisdiction there, and service of process through first-class or overnight mail.
Regardless of any statute or law to the contrary, YOU AGREE AND UNDERSTAND THAT any claim or cause of action arising out of or related to your use of any Product or OkMe services must be filed within one year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
EXCEPTIONS TO AGREEMENT TO ARBITRATE
Notwithstanding the above Arbitration provision, either you or OkMe may assert claims, if they qualify, in small claims court located in the City and County of San Diego, California, or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the any Product or OkMe services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration.
• This Product is not intended for children age 13 and under.
• This Product must be paired with a compatible smartphone that has a cellular and data connection to operate properly. Compatible smartphones include ones with operating system iOS™ 10 and later and Android™ 6.0 and later devices.
• This Product requires that the user be in an area where there is available wireless telemetry coverage and actual performance of the Product is subject to limitations caused by atmospheric or topographical conditions or other causes.
• This Product requires the user to subscribe to OkMe’s services. See OkMe’s Services Subscription Terms & Conditions at www.okme.info
Do not dispose of this Product with ordinary garbage. When disposing of this Product, follow the rules and regulations of disposal of hazardous waste applicable to your area.
PLEASE NOTE THAT THESE TERMS OF THIS LIMITED WARRANTY MAY BE UPDATED, MODIFIED OR OTHERWISE CHANGED FROM TIME TO TIME BY OKME IN ITS SOLE DISCRETION SO YOU ARE ADVISED TO REVIEW THESE TERMS OF LIMITED WARRANTY PERIODICALLY. ANY SUCH CHANGES SHALL ONLY APPLY TO ANY PURCHASES OF PRODUCTS YOU MAKE ON OR AFTER THE DATE OF ANY SUCH CHANGE.
DATE OF LAST UPDATE: January 16, 2019 (subject to further changes)
TERMS OF SALE (AND RETURN POLICY)
This return policy and terms of sale (“Terms of Sale”) apply to all orders accepted by OkMe (Prometheus Attitude, Inc.) or any of its subsidiaries and affiliated entities (“OkMe”) for the sale of its OkMe devices (“Products”). To the extent the Products contain or consist of software in any form (“Software”), such Software is licensed to you, not sold, and only in accordance with the section entitled “Software License”, below. Terms such as “sell” and “purchase”, as used in these Terms of Sale, apply only to the extent the Products consist of items other than Software. Services associated with Products may be sold under terms of sale other that these Terms of Sale as designated by OkMe such as, but not limited to, OkMe’s Terms of Service.
If you are unsatisfied with your Product purchased on www.okme.info for any reason, you have 7 days from the date of purchase to request a refund. To qualify for a refund, all of the following conditions must be met:
• You must return the Product(s) (contact us via “contact” in website for the address and other details relating to this return).
• Returned Product(s) must be in good physical condition (not physically broken or damaged).
• The box and all accessories originally included with the purchase of the returned Product(s) must be included with your return.
• The Product was purchased at full price ($24.99)
Additional terms and conditions of all Product returns:
• Shipping and handling charges, gift wrap fees, and taxes paid (e.g., state, customs, VAT) are not refundable.
• You are responsible for all shipping charges and you shall assume all risk of loss or damage to the Product while in transit.
• If you return Product to us without all parts included in the original package or not in good physical condition, we retain the right to refuse the delivery of such return.
• If you purchased your OkMe product from a retailer or on a website other than www.okme.info, we will not accept your return and you need to contact the retailer or other seller regarding their return policy.
IMPORTANT: from the date of purchase of the button we will ensure a 6-month minimum service. If for any reason, the service gets shot down before the 6 months, we will reimburse you the cost of the button.
**We don't assume any responsibility if OkMe system (button/app) stops working (properly) because of something out of our control (for example, but not limited to, new phones OS not compatible anymore with our technology).
ORDERING FROM THE OKME STORE
By placing an order through the OkMe Store, you agree that: (i) any credit card information supplied by you is true and complete; and (ii) you will pay the applicable price listed, as well as any shipping and handling charges and applicable taxes (including any customs duties). You agree that all Products purchased by you are for personal or gift use and not for commercial use of any kind.
OkMe can withdraw Products from the OkMe Store at any time and for any reason. Prices listed through the OkMe Store are stated in U.S. dollars, and do not include any shipping and handling charges or applicable taxes (including any customs duties), which charges and taxes will be communicated to you at the time you place an order, and you are solely responsible for paying such charges and taxes to OkMe (provided that OkMe may offer free or reduced cost shipping from time to time on a promotional basis or otherwise, all in OkMe’s sole discretion). You agree to indemnify and hold OkMe harmless from and against any liabilities, interest, penalties or fees assessed against OkMe arising from your failure to pay any such charges or taxes. All Product prices are subject to change at any time.
ACCEPTANCE AND FULFILLMENT
All orders are subject to acceptance by OkMe. After you place an order, you will receive an email from OkMe confirming that OkMe has received it. OkMe reserves the right not to accept your order for any reason or no reason. OkMe reserves the right to restrict multiple quantities of a Product being shipped to any one customer or postal address.
Purchases made through the OkMe Store are intended for end users only, and are not authorized for resale. Please contact email@example.com if you are interested in potential resales of Products.
SHIPPING AND DELIVERY
OkMe will pack the Products in accordance with its standard practices. Once shipped, you will receive the product within 3-4 business days (USA). Title to the Products (except to the extent that the Products consist of Software) and risk of loss will pass to you upon OkMe’s delivery of the Products to the carrier. You acknowledge that all scheduled shipment dates are estimates only. OkMe will make reasonable efforts to meet the scheduled shipment dates, but in no event will OkMe be responsible in any manner for any loss, damage, penalty or any other liability of any kind resulting from any delay in shipment or delivery.
LIMITED PRODUCT WARRANTY
OkMe warrants to the original purchaser that the Products shall be free from defects in materials and workmanship in accordance with the OKME Limited Warranty relating to such Product. The OkMe Limited Warranty, including the limitations or liability therein, and all other provisions thereof, is incorporated herein by reference. You should note that the OkMe Limited Warranty includes an Agreement to Arbitrate that is also incorporated herein by reference and you specifically agree to the provisions thereof as part of these Terms of Sale. Please read the OkMe Limited Warranty.
You acknowledge that you have verified the compatibility of the Products you are purchasing with other required equipment (e.g., ensuring that your mobile device and/or operating system is compatible with the Product). You are solely responsible for determining the compatibility of the Products with other equipment, and you accept that lack of compatibility is not a valid claim under the warranty provided with your Products and does not otherwise constitute a basis for receiving a refund either during or after the refund policy identified above.
LIMITATIONS ON LIABILITY
IN NO EVENT WILL OKME BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, USE, PROFITS, DATA, OR GOODWILL) OR COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OF SALE OR THE PURCHASE, SALE, USE, OPERATION OR PERFORMANCE OF THE PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WHETHER OR NOT OKME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. OKME AND YOU HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF SALE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL OKME'S LIABILITY TO YOU ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OF SALE, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED THE ACTUAL AMOUNT PAID TO OkMe BY YOU FOR THE PRODUCT THAT GIVES RISE TO ANY CLAIM. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
OkMe grants to you a nonexclusive, nontransferable license to use a copy of the Software, in executable form, solely as embedded in the Products, solely for your internal, non-commercial use. You may not copy or modify the Software. You acknowledge that the Software contains trade secrets of OkMe, and, in order to protect such trade secrets, you agree not to disassemble, decompile or reverse engineer the Software nor permit any third party to do so, except to the extent such restrictions are prohibited by law. OkMe reserves all rights and licenses in and to the Software not expressly granted to you under this Agreement.
GOVERNING LAW AND DISPUTE RESOLUTION
You agree that any dispute between you and OkMe arising out of or relating to these Terms of Sale, or any other OKME products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined in the OkMe Limited Warranty, which procedure is incorporated herein by reference.
As provided in the OkMe Limited Warranty, these Terms of Sale 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.
The parties disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.
You may not assign or transfer these Terms of Sale, or any order accepted by OKME hereunder, in whole or in part, by operation of law or otherwise, without OkMe’s express prior written consent. Any attempt to do so, without OkMe’s consent, will be null and of no effect. OkMe may freely assign or transfer these Terms of Sale without restriction. Subject to the foregoing, these Terms of Sale will bind and inure to the benefit of the parties, their successors and permitted assigns.
OkMe will not be responsible for any failure or delay in its performance under these Terms of Sale due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riot, or acts of God.
The failure by OkMe to enforce any provision of these Terms of Sale will not constitute a waiver of future enforcement of that or any other provision. If for any reason a court of competent jurisdiction finds any provision of these Terms of Sale invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Sale will remain in full force and effect.
You will not export or re-export, directly or indirectly, the Products, or any technical information related thereto, or any direct products thereof, to any destination or person prohibited or restricted by the export control laws and regulations of the United States, without the prior authorization from the appropriate governmental authorities.
All notices required or permitted to be given under these Terms of Sale will be in writing and will be deemed given: (i) upon actual delivery, if made by personal service; (ii) three (3) days after mailing, if made by U.S. certified or registered mail; (iii) one (1) business day after delivery to the courier or overnight delivery service, if made by courier or overnight delivery service, and (iv) when received by electronic communication if you elect to receive notice from OkMe by electronic communication. All notices will be addressed to such address as the party who is to receive the notice so designates by written notice to the other.
Except as expressly set forth in these Terms of Sale, the exercise by either party of any of its remedies under these Terms of Sale will be without prejudice to its other remedies under these Terms of Sale or otherwise.
PLEASE NOTE THAT THESE TERMS OF SALE MAY BE UPDATED, MODIFIED OR OTHERWISE CHANGED FROM TIME TO TIME BY OkMe IN ITS SOLE DISCRETION SO YOU ARE ADVISED TO REVIEW THESE TERMS OF SALE PERIODICALLY. ANY SUCH CHANGES SHALL ONLY APPLY TO ANY PURCHASES OF PRODUCTS YOU MAKE ON OR AFTER THE DATE OF ANY SUCH CHANGE.
DATE OF LAST UPDATE: January 16, 2019 (subject to further change)
OKME GENERAL DISCLAIMER
General Warnings and Usage Tips
THE SERVICES ARE NOT REPLACEMENTS FOR 911 OR ANY OTHER PUBLIC EMERGENCY SERVICES. IF YOU ARE IN IMMEDIATE DANGER, SUFFERING A MEDICAL EMERGENCY OR THE VICTIM OF A CRIME, CALL 911 AND/OR THE APPROPRIATE AUTHORITIES IMMEDIATELY AND DO NOT RELY ON THE SERVICES.
The OkMe devices are intended for individuals over 13 years old.
– OkMe devices are NOT life-saving devices and are not replacements for calling emergency services. In case of an emergency, you should always contact your local emergency services right away, if you are able. OkMe has the ability to indirectly contact emergency services, however, for a variety of reasons, such ability cannot and is not guaranteed by OkMe to function each and every time it is activated.
– OkMe devices work via a Bluetooth® connection to a smartphone and the OkMe Mobile Software Application. The OkMe devices will NOT work if the corresponding Mobile Software Application has not been installed on a fully-charged device, such as a smart phone, or when that device is not within the Bluetooth® range of the OkMe device. Furthermore, OkMe must be paired by Bluetooth® with a smart phone or tablet with a true internet connection (cellular or Wi-Fi) to be able to send alerts.
– When the OkMe device alarm is activated, a text alert is sent out to the user’s personal Safety Contacts. Think carefully about whom to invite in this personal Safety Contacts. In certain circumstances an alert also may be send others such as certain OkMe emergency services.
Equipment and Usage Warnings
– The OkMe devices are sensitive electronic products and may be damaged if overheated, dropped, burned, punctured or crushed, or exposed to liquids. Handle the OkMe devices with care. In the event a OkMe device becomes damaged, use should be immediately discontinued.
– Do not try to repair it yourself. If your OkMe device is damaged or malfunctions, contact us.
– Attempt to replace the battery in the OkMe device by yourself assuming the full responsibility in the event of any hardware damage. The battery in the OkMe device must be recycled or disposed of separately from household waste. Do NOT incinerate the battery.
ASSUMPTION OF THE RISK; DISCLAIMERS OF WARRANTY AND LIABILITY
Assumption Of The Risk
You knowingly and voluntarily assume the risks of any environment and/or activity you place yourself in, whether by your own free will or otherwise, while using the OkMe device and any and all software designed, developed, distributed, and/or otherwise made available by OkMe, including but not limited to the OkMe Safety Contacts and/or first-responder notification mobile software application as well as a built in microphone telecom application for users of the OkMe device (collectively referred to as the “OkMe App” or “App”). Always be aware of your surroundings and utilize common sense.
Disclaimers Of Use
The OkMe devices and App are designed to be used exactly as described in detail on the Web site (www.okme.info) and in any instructions you might receive with your OkMe devices or App. OkMe will not be responsible in any manner for any injury, death or other damages that may occur while using OkMe device and/or any and all software designed, developed, distributed, and/or otherwise made available by Prometheus Attitude, Inc., including but not limited to the OkMe App.
Except as otherwise expressly stated in the OkMe Limited Warranty, no express or implied warranties of any type, including but not limited to implied warranties of merchantability or fitness for a particular purpose, are made regarding the OkMe devices and its related App. While OkMe intends for the OkMe devices and any and all software designed, developed, distributed, and/or otherwise made available by us, including but not limited to the OkMe App, to function as advertised, their functioning may not always be uninterrupted or error-free. THEREFORE, ANY WARRANTIES THAT THE OkMe DEVICES AND/OR THE OKME APP SHALL FUNCTION UNINTERRUPTED AND ERROR-FREE AT ANY TIME, INCLUDING BUT NOT LIMITED TO IN EMERGENCY SITUATIONS, ARE EXPRESSLY DISCLAIMED. Furthermore, OkMe does not make any warranties as to the results that may be obtained from the use of the OkMe devices and/or the OkMe App.
Limitation Of Liability
NEITHER OkMe (Prometheus Attitude, Inc.) NOR OUR PARTNERS, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, AND AFFILIATES SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER ARISING FROM AND/OR RELATED TO THE USE OR MISUSE OF ANY OKME DEVICE AND/OR ANY OKME APP, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, ALLERGIC REACTIONS, DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOSS OF PROFITS, LOSS OF BUSINESS AND/OR ANTICIPATED SAVINGS, LOSS OF GOODWILL, LOSS OF DATA, AND/OR PROPERTY DAMAGE, WHETHER CAUSED BY TORT, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
The use of the OkMe devices AND the OkMe App is subject to further disclaimers and limitations of liability as set forth in the Terms of Sale, Terms of Service and OkMe’s Limited Warranty.
PLEASE NOTE THAT THIS GENERAL DISCLAIMER MAY BE UPDATED, MODIFIED OR OTHERWISE CHANGED FROM TIME TO TIME BY OKME IN ITS SOLE DISCRETION SO YOU ARE ADVISED TO REVIEW THIS GENERAL DISCLAIMER PERIODICALLY. ANY SUCH CHANGES SHALL ONLY APPLY TO ANY SERVICES PERFORMED FOR OR RENDERED TO YOU ON OR AFTER THE DATE OF ANY SUCH CHANGE.
DATE OF LAST UPDATE: February 6, 2019 (subject to future changes)
OKME DEVICE OPERATING REQUIREMENTS
To function properly ALL of the following requirements must be met:
(1) Each OkMe device must be paired with a qualifying smartphone (Bluetooth® 4.0 or later and iOS 10 or later or Android 6.0 or later). There is a 1:1 phone to OkMe device relationship, meaning you can’t pair more than one OkMe device to a single phone, or a single OkMe device to multiple phones.
(2) The OkMe user must download the OkMe application and fully complete the account setup process on the qualifying smartphone.
(3) The qualifying smartphone must be running the OkMe application at the time an alert is sent by the paired OkMe device, and the application must not be disabled or “killed.”
(4) The qualifying smartphone must have GPS enabled in order to use the “live GPS” functionality of alerts. OkMe’s location services are only as accurate as your phone’s GPS capabilities.
(5) OkMe must be paired by Bluetooth® with a smart phone to be able to send alerts. The paired OkMe device must be within Bluetooth® range of the qualifying smartphone.
(6) The qualifying smartphone must have a data plan and be within a coverage area provided by the user’s qualifying smartphone carrier. Coverage is defined as having a true internet connection (cellular or Wi-Fi.)
(7) Cellular or Wi-Fi data and Bluetooth services must be enabled for the qualifying smartphone AND for the OkMe application (for example purposes only, not in airplane mode or otherwise disabled, and all permissions must be granted to the OkMe application).
(8) The OkMe device user must have set up at least one contact for alert purposes as part of the OkMe application setup process (in app “Settings”).
(9) OkMe users & alert contacts should discuss the actions that contacts should take in the event an alert is received.
(10) The OkMe device user must be a subscriber to the OkMe services.
PLEASE NOTE: Neither 911 nor any other emergency service should be listed as one of the OkMe device user’s contacts for alert purposes of any kind.
ALSO PLEASE NOTE THAT THESE OPERATING REQUIREMENTS MAY BE UPDATED, MODIFIED OR OTHERWISE CHANGED FROM TIME TO TIME SO YOU ARE ADVISED TO REVIEW THESE REQUIREMENTS PERIODICALLY.
February 5, 2019 (and subject to further change)
For Beta Testers
By enrolling in the testing program of OkMe, the tester (the person who receives OkMe button for free and signs the "receiving paper") agrees to DO NOT REPLICATE or/and to DO NOT MAKE SIMILAR PRODUCTS for the following 48 months after receiving the OkMe button/OkMe app for evaluation purpose from Prometheus Attitude, Inc. The tester agrees also to do not do any kind of disclosing (NDA) with third person/entity of the testing and/or the product.