Terms of Service
Date of Last Update: 9/15 /2015.
These Terms of Service (these “Terms”) are entered into between Fingertips Lab Inc., a Delaware corporation (“Fingertips Lab” or “we” or “us”), and you (“you”). These Terms govern your use of our O6 eyes free solution, including the Charging Dock, Accessories and the O6 devices (collectively, the “Devices”), the www.o6app.com website and our other websites and mobile applications that link to or reference these Terms (collectively, the “ Site”),and the services, features, content and applications accessed through the Site (collectively with the Site, the “Service”).
You accept these Terms by either (1) clicking to agree or accept where these options are presented to you, or (2) accessing or using the Service. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.
These Terms May Change
We may make changes to these Terms from time to time. We may post such modified Terms on the Service or communicate modifications by email or text messages. Your continued use of the Service following the posting or communication of such changes constitutes your acceptance of any such changes. If you do not agree with or any modified versions of these Terms, you may not use the Service.
Who Can Use The Service?
You may use the Service if you are over 13 years of age and are not barred from receiving services under applicable law.
Important Warning and Safety Information
Failure to follow these warnings and safety information may result in personal injury or damage to the product or other property.
Observe all country, state, and local laws (and any other applicable jurisdiction) when using O6 (the device). This includes compliance with any laws or regulations that may address the use of this device and the placement of the device within the vehicle. O6 cannot guarantee that the device or its use is permissible in your country and jurisdiction.
Always obey local traffic regulations when operating a vehicle and use safe driving judgment at all times. O6 does not assume any responsibility for any fines, penalties, or damages that may be incurred as a result of the violation of any law or ordinance relating to the use of your device. It is your responsibility to comply with all traffic and motor vehicle safety laws and regulations and to use the device in such a manner that you are in compliance with applicable laws.
This device cannot and does not compensate for driver inattentiveness and poor judgment. You must give your full attention to driving conditions, including traffic conditions and pedestrians, to avoid potentially hazardous situations that could result in an accident, which could result in serious injury or death. O6 does not assume responsibility for any accident or collision in which you are involved.
Do not look at any display while driving. You must always exercise careful and cautious driving, and should not glance away from the road while driving. Failure to keep your eyes on the road may cause an accident for which O6 will not be responsible.
You should setup, change settings, or enter information only when the vehicle is stationary, and not while you are driving the vehicle.
Remove the device from your vehicle when not in use. Leaving the device unattended in a vehicle may result in a break-in. Fingertips Lab will not be responsible for theft of the device or damage to your vehicle as a result of a break-in.
Do not leave the device in a place subject to direct sunlight. The device should be removed from direct sunlight when not in use to avoid damage to the device itself. Failure to remove the device from direct sunlight, when not in use, may cause damage for which O6 will not be responsible.
Always secure your smartphone to prevent it from distracting you or interfering with your driving. Also, do not operate your smartphone while driving.
Posting Your Content On The Service
The Service may now or in the future include features allowing you to post photos, comments and other content (“Your Content”) to the Service. You retain all rights to Your Content that you post to the Service. By making Your Content available on or through the Service you grant to Fingertips Lab a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute Your Content only in connection with operating and providing the 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 Service 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; (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, hatred, harassment or harm 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 also agree that Your Content will comply with the following community guidelines:
1. 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.
2. Do not post profane or explicit content.
3. Do not post profile pictures that might be considered inappropriate.
4. Do not post communications that could be interpreted as threatening or harassing.
5. Do not post, advertise, or promote products or services commercially.
Fingertips Lab’s Rights
“Fingertips Lab’s 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 Service to you. Except for Your Content, Fingertips Lab Content, the Service and its 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 the Service.
Permitted Uses of The Service
The Service is intended for your personal, non-commercial use.
Fingertips Lab grants you a limited, non-exclusive, non-transferable, non-sublicensable license to (1) access and view the Fingertips Lab Content and (2) access and use the software and mobile applications provided by the Service. This license is provided solely for your personal use and enjoyment of the 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 or otherwise exploit the Fingertips Lab Content, the 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 Fingertips Lab or its licensors, except for the licenses and rights expressly granted in these Terms.
Prohibited Uses of The Service
Except to the extent permitted by law, you may not do any of the following while accessing or using the Service: (1) use, display, mirror or frame the Service or any individual element within the Service, Fingertips Lab’s name, any Fingertips Lab’s trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Fingertips Lab’s express written consent; (2) access or tamper with non-public areas of the Service, Fingertips Lab’scomputer systems, or the technical delivery systems of Fingertips Lab’sproviders; (3) test the vulnerability of any Fingertips Lab’s system or breach any security or authentication measures; (4) circumvent any technological measure implemented by Fingertips Lab or any of Fingertips Lab’s providers or any other third party (including another user) to protect the Service or Fingertips Lab’s Content; (5) access the Service or Fingertips Lab’s Content through the use of any mechanism other than through the Service or Fingertips Lab’sAPI; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that Fingertips Lab provides to you or any other part of the Service.
In addition, you may not (1) open or modify, or attempt to open or modify, the Devices, (2) use the Devices in conjunction with other products or services not authorized by Fingertips Lab.
Our Enforcement Rights
We are not obligated to monitor access or use of the Service, Fingertips Lab’s Content, or Your Content or to review or edit any Fingertips Lab Content or Your Content, but we have the right to do so for the purpose of operating the 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 Service, any Fingertips Lab’s Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Fingertips Lab Content, Your Content, or your use of the 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 Service.
Use The Service At Your Own Risk
Our goal is to provide helpful and accurate information on the Service, but we make no endorsement, representation or warranty of any kind about any Fingertips Lab Content or any other information or services made available through your use of the Service. We are not responsible for (1) the accuracy, reliability, effectiveness, or correct use of the information or services you receive through the Service or (2) loss of, or harm or damage to, any person, or to any other persons or property, whether such loss, harm or damage results from (a) unavailable, inaccurate information or services you receive through the Service, (b) defective Devices (including, without limitation, malfunctioning Devices or explosions of batteries that power the Devices), (c) sharp objects contained inside Devices, or (d) third-party products or services. If you rely on any Fingertips Lab’s Content or any other information or services made available through your use of the Service, you do so solely at your own risk.
Use Common Sense
Use of the Service should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany your Devices or are provided t you in connection with your use of the Service.
We comply with the Digital Millennium Copyright Act ("DMCA"). We encourage you to report an alleged copyright infringement involving a user of the Service by sending a notice that complies with the DMCA to us at firstname.lastname@example.org.
Feedback And Submissions Policy
By sending us any comments, ideas, suggestions, documents or proposals ("Feedback"), you agree that (1) your Feedback does not contain the confidential or proprietary information of third parties, (2) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (3) we may have something similar to the Feedback already under consideration or in development, (4) we can use the Feedback without any restriction or compensation to you, and (5) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against us and our users, any claims and assertions of any moral rights contained in such Feedback.
Contests And Giveaways
Additional terms and conditions may apply to contests, giveaways and other promotions sponsored by Fingertips Lab and its partners. It is your responsibility to carefully review those terms and conditions.
You Agree to Receive Alerts And Notifications
As part of your use of the Service, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
We Are Not Responsible For Third-Party Links On The Service
The Servicemay contain links to third-party websites, apps, services and resources (collectively “Third-Party Services”) that are not under Fingertips Lab’s control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third-Party Services. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Services.
Fingertips Lab Does Not Control Third-Party Services That You Link With Your Fingertips Lab Account
Changes To The Service
Fingertips Lab may change or discontinue, temporarily or permanently, any feature or component of the Service at any time without notice. Fingertips Lab is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Fingertips Lab products without prior notice to you.
If you violate these Terms, we reserve the right to deactivate your account or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your account. You may cancel your account at any time by contacting Customer Support. Upon any termination, discontinuation or cancellation of the Service or your account, the following provisions of these Terms will survive: Posting Your Content On The Service; Fingertips Lab’s Rights; Our Enforcement Rights; Termination; Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.
THE SERVICE AND FINGERTIPS LAB'S CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Service or Fingertips Lab'S 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 Service or any Fingertips Lab'S Content. You acknowledge and agree that if you rely on any Fingertips Lab'S Content or the Service, you do so solely at your own risk. See also the “Use The Service At Your Own Risk” section above.
You will indemnify and hold harmless Fingertips Lab and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (a) your access to or use of the Service, (b) Your Content, or (c) your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Limitation Of Liability
NEITHER FINGERTIPS LAB, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE 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 SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, INDEMNIFICATION OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FINGERTIPS LAB HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL FINGERTIPS LAB’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO FINGERTIPS LAB FOR USE OF THE SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO FINGERTIPS LAB, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FINGERTIPS LAB AND YOU.
You agree that any dispute between you and Fingertips Lab arising out of or relating to these Terms, the Service, the Devices, or any other Fingertips Lab products or services (collectively, “Disputes”) will be governed by the provisions outlined below.
Governing Law: 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.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Fingertips Lab, you agree to try to resolve the Dispute informally by contacting us at email@example.com. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Fingertips Lab may bring a formal proceeding.
We Both Agree To Arbitrate: You and Fingertips Lab agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
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 Francisco, California, or any other location we agree to.
Exceptions to Agreement to Arbitrate: Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, 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.
No Class Actions: You may only resolve Disputes with Fingertips Lab 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 aren't allowed under these Terms.
Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Fingertips Lab agree that any judicial proceeding will be brought in the federal or state courts of San Francisco County, California. Both you and Fingertips Lab consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
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 Service 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.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Fingertips Lab and you regarding the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Fingertips Lab and you regarding the Service. 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 or transfer these Terms, by operation of law or otherwise, without Fingertips Lab prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Fingertips Lab 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 Fingertips Lab under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Fingertips Lab 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 Fingertips Lab. 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.No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms or your use of the Service.
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.