Terms of Use

Terms of Use - Oo Wearable & Oo apps

Oo wearable and apps are currently designed to give you information about Carbon Monoxide (“CO”) and Total Volatile organic compounds (“TVOC”) levels in your environment. At a later stage, we might add measurements for other pollutants. You rely on the information provided by OO at your own risk.

Oo is not guaranteed to notify you of dangerous conditions. It is a portable device with limited battery power, limited alert volumes, and it requires connectivity to your phone. Oo may not provide accurate readings in the presence of other gases and substances or in environments more extreme than the recommended operating environment (such as very high or very low temperatures or humidity levels). Do not rely solely on OO for any decisions about your safety.  Oo is not a substitute for installation of fixed CO alarms in your home or business, as those alarms are necessary for your safety and may be required by law.

For Oo to work properly, it MUST:

WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, EFFECTIVENESS OR CORRECT USE OF INFORMATION YOU RECEIVE THROUGH THE MOBILE APPLICATIONS OR ON THE WEBSITE. IF YOU RELY ON ANY SUCH INFORMATION YOU DO SO AT YOUR OWN RISK.

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you,

whether personally or on behalf of an entity (“you”) and Oo, Inc., d/b/a Oo sensors (“Oo sensors“, “Oo wearables”, “we”, “us”, or “our”), concerning your access to and use of the Oo iOS and/or Android APP, http://www.OO.today website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all these Terms of Use.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.

It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted. Those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.

Disclaimer of warranties

You expressly agree that use of the site (including any service) is at your sole risk. If you are using our Oo sensor during a proof of concept with libraries in your city, there is no warranty included with the oo device.

Without limiting the foregoing, neither oo nor its affiliates or subsidiaries, or any of their employees, agents, third-party content providers, libraries, public organizations, distributors, licensees or licensors (collectively, “oo parties”) warrant that (a) the service will be uninterrupted, timely, secure or error-free, (b) the results that may be obtained from the use of the service will be accurate or reliable, or (c) any errors associated with the service will be corrected.

You acknowledge and agree that, and that the Oo parties shall not be liable for any indirect, incidental, special, exemplary or consequential damages, including for loss of profits, goodwill or data, in any way whatsoever arising out of the use of, or inability to use, the service.

You agree not to seek to hold the Oo parties liable, for the conduct of third parties, including other users of the service and operators of external sites, device manufacturers, and any other service provider required to operate the app and the website, and that the risk of the service and external sites and of injury from the foregoing rests entirely with you.

You expressly agree that oo is not providing medical advice via the service. We are not responsible for the accuracy, reliability, effectiveness or correct use of information you receive through the service. if you rely on any such information you do so at your own risk.

You expressly agree that your activities which generate the content you post or seek to post using the service may carry certain inherent and significant risks of property damage, bodily injury or death and that you voluntarily assume all known and unknown risks associated with these activities, even if caused in whole or part by the action, inaction or negligence of oo or by the action, inaction or negligence of others. you also expressly agree that oo does not assume responsibility for the inspection, supervision, or conduct of any activity or event that occurs in connection with the service.

INDEMNIFICATION

You agree to indemnify, save, and hold Oo, its afiliates, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, and liabilities, including legal fees and expenses, arising out of your use or misuse of the wearable, site or apps, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Oo reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify OO, and you agree to cooperate with OO’s defense of these claims. OO will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site and the Oo wearables (and expressly including any Apps) are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the European Union and United States, foreign jurisdictions, and international conventions.

We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

 

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; and (8) your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

 

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:

USER GENERATED CONTRIBUTIONS

The Site may invite you to contribute to, or participate in the apps, blogs, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site. Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and nonproprietary. When you create or make available any Contributions, you thereby represent and warrant that  you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your contributions in any manner contemplated by the Site and these Terms of Use.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited right to distribute such contributions .

GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

MOBILE APPLICATION LICENSE:

Use License:

If you access the Site via a mobile application, then we grant you a revocable, nonexclusive,

non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the applications; or use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or  use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices:

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributors”) to access the Site: (a) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;

In the event of any failure of the mobile application to conform, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies.

Submissions:

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non- confidential and shall become our sole property.

THIRD-PARTY websites:

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as content belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third- Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.  If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.

Advertisers:

We do not allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements.

Site Management:

We reserve the right, but not the obligation, to: monitor the Site for violations of these Terms of Use; and take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use.

PRIVACY POLICY:

We care about data privacy and security. Please review our Privacy Policy on the Oo website or link in the apps.

TERM AND TERMINATION:

These Terms of Use shall remain in full force and effect while you use the Site.

MODIFICATIONS AND INTERRUPTIONS:

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site.

GOVERNING LAW:

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the European Union specifically in Estonia.

DISPUTE RESOLUTION:

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least sixty (60) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the Estonia and, where appropriate, the Supplementary Procedures for Consumer Related Disputes (“Consumer Protection Law”). Your arbitration fees and your share of arbitrator compensation shall be governed by the Estonian Consumer Rules and, where appropriate, limited by the European Union Consumer Rules.

Restrictions:

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Corrections:

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Please see our privacy policy for more information.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: support@Oo.today.