Terms and Conditions & License Agreement
The terms of use of this mobile application (the “App”) and the license to you set out
herein (the “License”) (collectively, the “Agreement”) explain the rules by
which all users/account holders/licensees (“you”, “your”) may use the App.
By clicking “I AGREE” you signify that you have read, understood, and agree to be bound by
this Agreement and the terms of the License set out herein. If you do not agree to this
Agreement and the terms of the License set out herein, you must immediately discontinue any
use of the App and delete the App from your devices.
Nature of the Services
SEAM Technic Ltd. (“SEAM”, “us”, “our”, “we”) is a leading
provider of platform agnostic wearable personal security systems. We help users feel safe,
stay connected and provide peace of mind to everyone by taking a more inclusive approach to
personal security (the “Purpose”).
To achieve the Purpose we are pleased to provide an online computer network for assisting
people by notifying others in the event of a distress event. The App captures, retrieves and
stores electronic data, like text, audio, images taken through the App, and your GPS
location which can then be shared with guardians, users and groups who have access to the
App, and with emergency responders who can be alerted to a distress situation through the
App (the “Services”), among other things:
i. captures, retrieves and stores electronic data, like text, audio, images taken
through the App, and your GPS location which can then be shared with guardians, users
and groups who have access to the App, who can be alerted
to a distress situation through the App;
Eligibility
You may use the Services only if you can form a binding contract with us, and only in
compliance with this Agreement and all applicable local, provincial, state, national and
international laws, rules and regulations. Individuals who are not old enough to form a
binding contract with us can only use the Services under the supervision of an adult parent
or legal guardian. In all such cases, the adult is the individual responsible under these
Terms. By clicking “I AGREE” you represent and warrant that you are of the legal age to
enter into a contract in the relevant jurisdiction and that you agree to these Terms.
Proprietary rights
SEAM{“‘”}s proprietary software provided on, or in connection with the App (the
“Software”) and the App itself are owned and operated by SEAM.
You acknowledge that as between you and us, all intellectual property in the Software,
hardware, firmware (if any), source code, information, documentation, log content, photos,
audio records and any other intellectual property related to the Services (“SEAM IP”)
are the exclusive property of SEAM. All SEAM IP rights are reserved.
SEAM, LOTUS BY SEAM, Seam Technic Ltd. and related words and logos are our trademarks or
trade names. Nothing in this Agreement or within the Services should be construed as
granting any license or right for you to use any such marks or names in any way. We
expressly reserve all our trademark rights. You agree that you will not remove, cover or
otherwise alter any name or other identifying marks.
The names of others referred to on the Services may be trademarks or trade names of their
respective owners. Any unauthorized use of our trademarks or trade names or those of third
parties is strictly prohibited.
SEAM Accounts, grant of rights and License terms
To use the Services, you must register for an account. Subject to the terms and conditions
of this Agreement, you have the right under your license, during the term of the license, to
install, execute or run the Software and the App on your mobile device and/or on your Lotus
by SEAM, our proprietary hardware which also facilitated use of the Services. The License
gives you access to one account, either a Free Account or a Subscription Account which you
may access through your mobile device and/or your Lotus by SEAM. The terms of your License
shall be directed by the type of account that you choose to register for.
Free Accounts and Free Account Holder License
You can use the Services for free on a “Free Account” as a “Free Account Holder”.
Without purchasing a subscription, the Free Account Holder will have full access to the
Services but the features of the Services are limited in 3 ways:
i. logs are only stored for 24 hours;
ii. the Free Account Holder is not able to download the photos, audio and GPS locations
(“Free Account Holder’s Content”) logged during their use of the Services.
After 24 hours, the log will disappear from the Free Account Holder’s Account, and
the data will be marked for deletion over the next 30 days; and
iii. any image taken by a Free Account Holder will be watermarked with our trademarks.
As a Free-Account Holder, you are granted and you accept a non-transferable,
non-sublicensable, non-exclusive, perpetual, revocable, royalty-free license
(“Free Account Holder License”) to install, operate and use the Services and to share
copies of the Free Account Holder Content for personal, noncommercial uses only subject to
the terms and conditions set out in this Agreement.
Subscription Accounts and Subscription Account Holder License
You can get access to the additional features of the Services by purchasing a limited-time
subscription and using a “Subscription Account” as a “Subscription Account Holder”.
Purchasing a subscription provides the Subscription Account Holder access to all features of
the Services. Subscription Account Holders’ logs are stored indefinitely, Subscription
Account Holders can download still images and audio recorded and can also view and review
GPS data collected while using the Services when browsing the log file within the Services
(collectively the “Subscription Account Holder Content”).
As a Subscription Account Holder, you are granted and you accept a non-transferable,
non-sublicensable, non-exclusive, revocable license to install, operate and use the Services
and to download, store and share copies of the Subscription Account Holder Content for
personal, noncommercial uses only subject to the terms and conditions set out in this
Agreement. A Subscription Account Holder License expires upon expiry of the subscription
which can be 1 month, 3 months or 12 months long, and which can be secured in consideration
for the subscription fees set out herein in paragraph 6 below.
Your Conduct
Use of the App and the Services under a license must comply with the terms of this Agreement
and must be otherwise lawful. You agree that you will only use the Services lawfully in
accordance with the Purpose and will not use the Services to:
i. violate the rights of others or intentionally or unintentionally violate any applicable
local, provincial, national or international law;
ii. upload, post, transmit, or otherwise make available any content that is harmful,
threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of
another’s privacy, exploitative, subversive, hateful, racially, ethnically or
otherwise objectionable or generally unlawful;
iii. exploit, “stalk”, harass or otherwise harm others including minors;
iv. falsely impersonate any person or entity or falsely state or otherwise misrepresent
your affiliation with a person or entity;
v. violate the privacy rights of others;
vi. collect any personal identifiable information from the Services;
vii. in any way disobey or act contrary to the terms of any website that this App may link to;
viii. copy, decompile, adapt, translate, change, customize, enhance, reverse engineer,
disassemble, attempt to derive or extract the source code of, decrypt, modify, augment,
partially delete or create derivative works of the Software, the App or any part thereof
or to enable or authorize others to do the same;
ix. attempt to override, bypass or circumvent any of the usage rules, security measures or
restrictions on the App;
x. obtain data through any form of “scraping” or use any automated system, including
without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services;
xi. attempting to interfere with, compromise the system integrity or security or decipher
any transmissions to or from the servers running the Services; or
xii. uploading invalid data, viruses, worms, etc. through the App.
If, at its sole discretion, SEAM suspects that the Service has been used in any illegal
manner, we reserve the right to report such use and activity to the relevant authorities.
Our right to terminate the Services
You acknowledge and agree that SEAM may, in our sole discretion, refuse to establish an
account, and/or may terminate or suspend your account or subscription for any reason,
including without limitation, if SEAM reasonably believes that you have:
i. breached the code of conduct as set out in section 4(c) above;
ii. restricted or inhibited others’ enjoyment of the Services;
iii. misused the Services or that the Services have or may be misused by any third party
who has obtained access to the Services through your account or subscription; and/or
iv. if SEAM believes that you have, in any other way violated or acted inconsistently with
this Agreement.
To the extent that your conduct (as judged by us in our sole discretion) does not comply
with the terms of this Agreement we may limit you use of the Services, revoke or terminate
your subscription or account and seek any other remedy available under the applicable law.
Termination of the License and/or this Agreement will not prejudice or affect the rights or
claims of SEAM and will not release you from any of the restrictions of this Agreement and
the License granted here, all of which will survive termination.
Security of your Account
You may never use another account without permission. When creating an account, you must
provide information that is accurate and complete. You must always keep your account
information secure and confidential. You agree not to disclose account information to any
third party and not to allow anyone access to your account. You agree that you are solely
responsible for the activity that occurs on your account. You will be held liable for any
and all damages that can be linked or traced back to your account whether caused by you or a
third party. We encourage you to use a “strong” password (one that uses a combination of
upper and lower case letters, numbers and symbols) with your account. You must notify us
immediately of any breach of security or unauthorized use of your account. SEAM will not be
liable for any losses caused by any unauthorized use of your account whether it is a Free
Account or a Subscription Account.
Subscription Fees
Subscriptions may be purchased in-App through Google or Apple and are available in 1-month,
3 month or 12 month packages priced as follows:
1 month = $5.99 USD, or CAD equivalent with exchange rates provided by the respective mobile app store.
3 months = $14.99 USD, or CAD equivalent with exchange rates provided by the respective mobile app store.
12 months = $47.99 USD, or CAD equivalent with exchange rates provided by the respective mobile app store.
All Subscription fees are payable in lump-sum payments in advance of getting access to the
Services available to a Subscription Account Holder. SEAM is not responsible for any
charges or expenses you incur resulting from charges billed by SEAM in accordance with
this Agreement.
Subscriptions will be automatically renewed.
Payment will be charged to iTunes Account, or Google Play account at confirmation of purchase.
Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal.
Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase.
Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.
A 3 month Subscription comes loaded on every Lotus by SEAM. When the Lotus by SEAM owner
first pairs the device to the App, the Lotus by SEAM owner is automatically granted a
3-month Subscription Account Holder License. If the Lotus by SEAM owner was already a
Subscription Account Holder, the automatic 3-month Subscription Account Holder License
will be added on to the Subscription Account Holder’s current subscription and license term.
Refunds
Subscription purchases are 100% refundable for 24 hours after purchase. After 24 hours
have elapsed, the Subscription sale is final, without exception.
Cancellations
To cancel your account please send a notice of cancelation to info@www.seamtechnic.com, or
use the ‘delete account’ feature on the App. Once deleted, we will continue to store all data from your
Account for up to 30 days, after which all data will be permanently deleted from our servers.
We will respond with verification of account deletion, including data deletion, or notice that
cancellation will be done without refund of initial payment.
Pricing changes
The price for the Services may change from time to time. Price changes will not affect
User’s current subscription but will apply to any renewal or new subscription
purchased after the price change takes effect. SEAM will provide you with notice of any
price change through in-App push notifications.
Changes to the Services and to this Agreement
We may, without prior notice, change the Services, stop providing the Services or features
of the Services or create usage limits for the Services. You are responsible for all the
mobile data usage resulting from your use of Services. Consult your mobile operator
concerning your plan, data rate charges and limits.
You acknowledge that SEAM may, from time to time, issue upgraded versions of the Services,
and may automatically electronically upgrade the Services. You consent to such automatic
upgrading and agree that this Agreement will apply to all such upgrades.
SEAM’s communications with you
To ensure that SEAM can successfully deliver the Services to you, to provide you with
updates about the Services by way of monthly newsletters, and to inform you about changes
to this Agreement, you hereby consent and agree to allow SEAM to communicate with you via
push notification sent directly though the Services or by e-mail to the address you
voluntarily provide. Any e-mail communications can be stopped using the unsubscribe link
at the bottom of any email received from SEAM.
Geographic coverage
The App is designed for residents of Canada, the U.S., the U.K., Italy, Austria, Germany and
France, though some features of the App may not work in areas outside the wireless App
coverage area for the mobile device that the App is installed on.
Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules
regarding online conduct. Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from Canada or the country in which
you reside.
Privacy
We care about the privacy of our account holders. You understand that by using the Services
you consent to the collection, use and disclosure of your personal identifiable information
and aggregate data as set forth in our Privacy Policy which is hereby incorporated by
reference into this Agreement.
Security
SEAM cares about the integrity and security of your information and takes careful precaution
to protect your information. The details of how we secure your information are set out in
the Privacy Policy. However, we cannot guarantee that unauthorized third parties will never
be able to defeat our security measures or use your personal information for improper
purposes. You acknowledge that any information provided in the course of using the Services
is strictly at your own risk.
Disclaimers
You expressly understand and agree that:
i. Your use of the Service is at your sole risk. The Services are provided “AS-IS”. To
the fullest extent permitted by law, SEAM disclaims any and all warranties, either
express or implied, statutory or otherwise, including but not limited to the implied
warranties of merchantability, non-infringement and fitness for a particular purpose.
SEAM makes no representations or warranties of any kind including, without limitation,
any representations or warranties about the accuracy, availability, reliability,
completeness, currency or timeliness of the Services.
ii. Without limiting the generality of the foregoing, SEAM makes no warranty that:
a. the Services will be uninterrupted, continuous, timely, secure, or error-free, or
that the Services will meet your expectation;
b. that emergency dispatch telephone numbers will be available or accessible from
your last known location;
c. that SEAM will be able to always and accurately determine your location; or
d. that it will be possible to make a phone call from your telephone device or to
maintain a telephone connection with your telephone device in the event of an emergency.
iii. Any material downloaded or otherwise obtained through the use of the Services is
done at your own discretion and risk and that SEAM, will not be responsible for any
damage to your devices or loss of data that results from the download of any such
material.
Indemnity
You agree to indemnify and hold harmless SEAM, and its officers, directors, agents,
partners, and employees from and against any and all third-party claims, demands,
liabilities, costs, expenses, losses or damages whatsoever including without limitation
legal fees and disbursements, resulting or arising directly or indirectly from: (a) your
use of the Services; (b) your violation of this Agreement and (c) your violation of
applicable laws or regulations that result from or are in any way connected to your use of
the Services.
Limitation of Liability
YOU ACKNOWLEDGE THAT ANY USE OF OR RELIANCE ON THE SERVICES IS COMPLETELY AT YOUR OWN RISK.
YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR SELECTION OF THE SERVICES TO ACHIEVE YOUR
INTENDED RESULTS, FOR THE APP INSTALLATION AND FOR THE USE OF AND RESULTS OBTAINED FROM THE
SERVICES.
SEAM IS NOT RESPONSIBLE FOR ANY UNLAWFUL USE OF THE APP OR THE SERVICES.
The Services are intended as tools in emergency or distress situations. No decisions
regarding your health and safety should be made based on the Services alone. SEAM does NOT
accept any responsibility or liability for your safety including but not limited to:
negligence or failure to act in a safe manner, personal injury, death, or other
consequences suffered by you or by third parties as a result of or in connection with your
use of the Services.
You assume the entire cost of any damages resulting from your use of the Services. You
agree that SEAM will NOT be responsible or liable for any loss, damages, claims or
liabilities whatsoever, including but not limited to: direct, indirect, special, punitive
or consequential damages, disease, deterioration of health, injury or death, loss of
information or programs or data, loss of profits, and loss of revenues arising from or in
connection with the use of or access to the Services (whether arising in contract, tort,
negligence, equity, common law or otherwise), even if SEAM has been advised of the
possibility of such damage or loss. You agree not to participate in any class action
against SEAM.
Without limiting the foregoing, to any extent that the aforementioned limitation of
liability may not apply, SEAM’s liability for damages to you shall not, in the
aggregate, exceed the total subscription fee paid by you for any subscription under this
Agreement.
You further agree that SEAM will NOT be responsible for any unauthorized access to or use
of the Services and or any and all personal information stored herein, any interruption,
cessation of transmission to or from our Services any bugs, viruses, Trojan horses or the
like which may be transmitted via the Services and or any errors or omissions on the Services.
In the event that you are sued for, being investigated for or accused of using the Service
in the commission of a crime or for unlawful purposes you agree:
i. To immediately notify SEAM by sending an email to info@Seamtechnic.com;
ii. not to object to any attempts or efforts by SEAM to have standing in any legal
proceeding; and
iii. to keep terms of any settlement agreement strictly confidential.
Governing Law
You agree to follow and abide by the relevant laws and regulations in the jurisdiction in
which you use the Services. This Agreement shall be governed by the laws of Ontario, Canada.
You hereby submit to the exclusive jurisdiction of the courts located in the City of
Toronto, in the Province of Ontario.
Severability
If any provision of this Agreement is found or held to be unlawful, void or unenforceable,
such provision shall nonetheless be enforceable to the fullest extent permitted by
applicable law, and the unenforceable portion shall be deemed to be severed from this
Agreement. Such a determination shall not affect the validity and enforceability of any
other remaining provisions in this Agreement.
Contact
If You have any questions about this Agreement, our Services please do not hesitate to
contact us at: info@Seamtechnic.com.
