LIKEAGLOVE SMART GARMENT & APP TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING CAREFULLY BEFORE PURCHASING, DOWNLOADING, INSTALLING AND/OR USING THE SMART GARMENT AND/OR THE LIKEAGLOVE APP.
By using the LikeAGlove electronic smart garment (“Smart Garment“), OR BY clicking the “accept” or “ok” button, or installing and/or using the LikeAGlove software application (the “App“, the Smart Garment and the App together WITH ANY OTHER PROVIDED SOFTWARE, ACCESSORIES OR COMPONENTS, UNLESS OTHERWISE SPECIFIED, the “Product“) you expressly acknowledge and agree that you are entering into a legal agreement with Like A Glove Ltd. (“LikeAGlove“, “we“, “us” or “our“), and have understood and agree to comply with, and be legally bound by, these terms and conditions (“Agreement“). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Agreement please do not purchase, install, downaload, wear and/or use the Product or any component thereof.
IF YOU DOWNLOAD THE APP WITHOUT PURCHASING OR USING THE REST OF THE PRODUCT, THEN REFERENCES IN THIS AGREEMENT TO THE REST OF THE PRODUCT, INCLUDING WITHOUT LIMITATION, THE SMART GARMENT, SHALL NOT APPLY TO YOU AND REFERENCES TO THE PRODUCT SHALL ONLY APPLY, AS APPLICABLE TO THE APP.
If you do not purchase the Product directly from LikeAGlove, but from an authorized reseller or retailer of the Product (“Retailer“), no terms agreed to by such Retailer which contradict, differ or are in addition to this terms of this Agreement shall be binding on LikeAGlove.
1. Ability to Accept. The Product is not intended for children under the age of thirteen (13). By purchasing, downloading, installing, wearing and/or using the Product you affirm that you are over thirteen (13) years of age. If you are between the age of thirteen (13) and eighteen (18) years then, you must first review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand its terms and conditions and agree to them.
2. App License. Subject to the terms and conditions of this Agreement, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“License“) to: (i) download, install and use the App on a mobile telephone, tablet or other device (each a “Device“) that you own or control and for which the App is compatible; (ii) access and use the App on that Device in accordance with this Agreement and any applicable Usage Rules (defined below); (iii) use software provided with or contained on the Smart Garment solely in the manner provided, as part of the Smart Garment unit purchased by you.
3. Restrictions. You agree not to, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend or rent the Product; (ii) make the App or any other software provided (the App together with such software, the “Software“) available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) tamper with, modify, reverse engineer or disassemble the Smart Garment or any portion thereof, or disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the Software; (iv) copy (except for back-up purposes), modify, improve, or create derivative works of the Software or any part thereof, or any Documentation; (v) circumvent, disable or otherwise interfere with security-related features of the Software or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Software; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in, or displayed on or via the Product; (vii) use any communications systems provided by the Product to send unauthorized and/or unsolicited commercial communications; (viii) use the LikeAGlove name, logo or trademarks without our prior written consent; and/or (ix) use the Product to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement. “Documentation” means user manuals that are delivered with the Product which describe the features, functionality and proper use of the Product. Documentation does not include marketing materials.
4. Account. In order to use some of the Product’s features you may have to create or use an account (an “Account“). If you create an Account, you must provide accurate and complete information for yourself. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any unauthorized use of your Account.
5. App Usage Rules. If you are downloading or have downloaded the App from a third party mobile device platform or service provider (“Distributor“), such as for example, Apple iTunes, please be aware that the Distributor may have established usage rules which also govern your use of the App (“Usage Rules“). We specifically refer to the Usage Rules of certain Distributors below in the section below entitled ‘ Distributor Requirements and Usage Rules‘, but other Usage Rules may be applicable depending on where the App has been downloaded from. You acknowledge that, prior to downloading the App from a Distributor, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the App are incorporated into this Agreement by this reference. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the App; if you are unable to make such a representation you are prohibited from installing and/or using the App.
6. Use of the Product in a Vehicle. If you are using the Product in a vehicle, you agree: (i) to comply with all applicable traffic laws; and (ii) if you are the driver, not to use the Product unless your vehicle is stationary and legally parked.
7. Intellectual Property Rights.
7.1. Ownership. You acknowledge that while you may be purchasing the Product, the Software included in the Product is licensed and not sold to you. LikeAGlove and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the Product, and we reserve all rights not expressly granted herein. “Intellectual Property Rights” means any and all rights in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
7.2. Content. The content on or in the Product, including without limitation, the text, information, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (the “Materials“), and the trademarks, service marks and logos contained and displayed on the Product (“Marks“, and together with the Materials and User Submissions, the “Content“), is the property of LikeAGlove and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “LikeAGlove” and the LikeAGlove logo are Marks of LikeAGlove and its affiliates. All other Marks used on the Product are the trademarks, service marks, or logos of their respective owners.
7.3. Use of Content. The content on or in the Product is provided to you “as is” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the content (which you may do for personal purposes only) you must retain all copyright and other proprietary notices contained therein.
8.1. We may in the future charge a fee for certain features and/or uses of the Product or in-app purchases. You will not be charged for any such uses of the Product unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Product.
8.2. Please be aware that your use of the Product may require and utilize internet connection or data access. To the extent that third party service provider or carrier charges for your internet or data usage are applicable, you agree to be solely responsible for those charges.
9. Third Party Sources and Content.
9.1. The App may enable you to view, access, link to, and use content from Third Party Sources (defined below) that are not owned or controlled by us (“Third Party Content“). The App may also enable you to communicate and interact with Third Party Sources. “Third Party Source(s)” means: (i) third party websites and services; and (ii) our partners and customers.
9.3. We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights (defined below) of, or relating to, any Third Party Content.
9.4. We do not endorse any advertising, promotions, campaigns, products, services or other materials that is included in any Third Party Content or that is communicated to you from a Third Party Source.
9.5. By using the App you may be exposed to Third Party Content that is inaccurate, offensive, indecent, or objectionable. You always have the choice of whether or not to interact with a Third Party Source or to view and use Third Party Content. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk.
9.6. You are solely responsible and liable for your interaction with a Third Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against LikeAGlove, and release LikeAGlove from any and all liability, arising from your use of and interaction on any Third Party Content and from your interaction with any Third Party Source. If you have any query or complaint regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly.
11. Limited Warranty and Warranty Disclaimers.
11.1. Smart Garment. To the extent you purchase the Product directly from LikeAGlove, during the initial ninety (90) day period commencing on the date that you purchase the Product, as evidenced by the Product’s original sales receipt, LikeAGlove warrants to you, subject to the terms and conditions of this Section 12, that the Smart Garment will be free from defects in materials and workmanship and will substantially comply with the applicable specifications set out in the Documentation (“Hardware Warranty“).
11.2. Software. During the initial ninety (90) day period commencing on the date that you purchase the Product, as evidenced by the Product’s original sales receipt, LikeAGlove warrants to you, subject to the terms and conditions of this Section 11, that the Software will substantially comply with the applicable specifications set out in the Documentation (“Software Warranty“) (The Hardware Warranty and Software Warranty, as applicable, collectively, the “Product Warranty“).
11.3. Limited Warranty Service . In the event you notify LikeAGlove or the Retailer from which you purchased the Product in writing within the applicable Product Warranty period as specified above (the “Warranty Period“), of a warranty claim LikeAGlove will (a) in LikeAGlove’s sole discretion: (i) in the case of the Smart Garment, repair or replace the defective component(s) with new or refurbished part(s) or (ii) replace the entire Smart Garment device; or (b) in the case of the Software, make commercially reasonable efforts to provide a fix, patch or workaround, which may be included in a future App release, all at no additional charge to you. Any repairs, fixes, or replacement parts provided as part of the foregoing warranty service are warranted for the remainder of the applicable Warranty to receive such services you may be re Period, as then in effect.
In order to receive the warranty service described in this Section 11.3, you may be required to, and you agree to, (i) deliver the malfunctioning Product to LikeAGlove or the Retailer from which you purchased the Product; (ii) provide to LikeAGlove or the Retailer (a) a written description of the problem, (b) the original sales receipt for the Product, or (c) your contact information, including your name, phone number, e-mail address or mailing address; or (iii) pay for shipping and handling costs in connection with the delivery of the defective Product to LikeAGlove or the Retailer and delivery of the replacement Product or component to you.
11.4. Warranty Service Exclusions. Warranty services described above exclude, and LikeAGlove shall have no responsibility hereunder to support, any and all of the following: (a) Products that have been altered, modified, or (in the case of the Smart Garment) opened or disassembled by you or any third party other than LikeAGlove’s authorized personnel; (b) software that has been incorporated or bundled with other software or hardware not provided by LikeAGlove; (c) use of the Product in conjunction with any other accessory or power source not provided by LikeAGlove; (d) Problems not caused by a Product defect; (e) damage to the Smart Garment caused by normal wear and tear, by your negligence, abuse or use other than as specified in the Documentation, by natural disasters, acts of God (such as but not limited to, lightening, flooding, tornado, earthquakes and hurricanes), or other factors beyond our control; (f) software problems not reproducible by LikeAGlove; (g) any action or service not specifically mentioned in Section 11.3 above; and (h) any problem arising from one of the prohibited actions set forth in Section 3 ( Restrictions) above.
11.5. WARRANTY DISCLAIMERS. Except as expressly stated in this Section 11:
11.5.1. THE SMART GARMENT AND APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
11.5.2. WE DO NOT WARRANT THAT THE PRODUCT WILL OPERATE ERROR-FREE, THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL CODE or that WE will correct any errors in the PRODUCT. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
11.5.3. WHILE WE INTEND FOR THE MEASUREMENTS TAKEN AND THE CLOTHING SIZES, FIT, BRANDS, STYLES, LINE OR ARTICLES OF CLOTHING OR ACCESSORIES OR OTHER SUGGESTIONS OFFERED BY THE PRODUCT TO BE AS ACCURATE AND AS HELPFUL AS POSSIBLE, WE DO NOT WARRANT THAT THE MEASUREMENTS OR SUGGESTIONS MADE OR REPORTED TO YOU BY THE PRODUCT WILL BE ACCURATE, APPROPRIATE OR ACCEPTABLE TO YOU.
11.5.4. THE SMART GARMENT IS POWERED BY A 3V COIN CELL BATTERY, IT USES CONDUCTIVE FIBERS AND LOW VOLTAGE (3V), LOW FREQUENCY PULSES TO TAKE YOUR MEASUREMENTS AND TRANSMIT SUCH INFORMATION VIA BLUETOOTH TO THE APP ON YOUR DEVICE. WHILE WE DO NOT BELIEVE SUCH AMOUNTS OF ELECTROMAGNETIC SIGNALS POSE ANY DANGER TO YOUR HEALTH, WE DO NOT WARRANT THAT THE SMART GARMENT IS SAFE FOR YOU. USE only batteries, chargers (or other power SOURCES) and accessories provided with the Product or as specified in the Documentation as the use of other types could be dangerous. IF YOU HAVE ANY PHYSICAL AILMENTS, MEDICAL CONDITIONS, OR USE ELECTRONIC DEVICES FOR MEDICAL REASONS, CONSULT YOUR DOCTOR BEFORE USING OF THE PRODUCT. THIS PRODUCT IS NOT SAFE FOR USE DURING PREGNANCY OR BY OR ON INFANTS OR CHILDREN UNDER 13.
11.5.5. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
12. Limitation of Liability.
12.1. UNDER NO CIRCUMSTANCES SHALL LIKEAGLOVE BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE PRODUCT EVEN IF LIKEAGLOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2. IN ANY EVENT, LIKEAGLOVE’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE PRODUCT, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNTS ACTUALLY PAID BY YOU FOR THE SMART GARMENT OR THE LICENSE TO THE APP TO LIKEAGLOVE OR ITS AFFILIATES OR THE RETAILER.
13. Indemnity. You agree to defend, indemnify and hold harmless LikeAGlove and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Product; (ii) your violation of this Agreement; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.
14. Export Laws. You agree to comply fully with all applicable export laws and regulations to ensure that neither the Product nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
15. Updates and Upgrades. We may from time to time provide updates or upgrades to the App (each a “Revision“), but are not under any obligation to do so. (We do not provide free updates or upgrades to the Smart Garment or other portions of the Product). App Revisions, if supplied at all, will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the App. All references herein to the App shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the original App, unless the Revision is accompanied by a separate license agreement which will govern the Revision.
16. Third Party Software. Portions of the Product may include third party open source software that are subject to third party terms and conditions (“Third Party Terms“). A list of any third party open source software and related Third Party Terms is available at www.likeaglove.com. If there is a conflict between any Third Party Terms and the terms of this Agreement, then the Third Party Terms shall prevail but solely in connection with the related third party open source software. Notwithstanding anything in this Agreement to the contrary, LikeAGlove makes no warranty or indemnity hereunder with respect to any third party open source software.
17. Term and Termination.
17.1. Term and Termination. This Agreement is effective until terminated by us or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the Product; and/or (ii) immediately terminate this Agreement and your use of the App due to your breach of this Agreement, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the Product in any way, your only recourse is to immediately discontinue use of the Product.
17.2. Effect of Termination . Upon termination of this Agreement, you shall cease all use of the App. This Section 17.2 and Sections 3 (Restrictions), 7 (Intellectual Property Rights), 10 (Privacy), 11(Limited Warranty and Warranty Disclaimers), 12 (Limitation of Liability), 13 (Indemnity), 17 (Third Party Terms) and 18 (Assignment) to 21(General) shall survive termination of this Agreement.
18. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by LikeAGlove without restriction or notification.
19. Modification. Except for the limited warranty set forth in Section 11, we reserve the right to modify this Agreement at any time by sending you an in-app notification and/or publishing the revised Agreement on the App. Such change will be effective ten (10) days following the foregoing notification thereof, and your continued use of the Product thereafter means that you accept those changes.
20. Governing Law and Disputes. This Agreement shall be governed by and construed in accordance with the laws of the State of Israel without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Yaffo, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek injunctive relief in any competent court in any jurisdiction.
21. General. This Agreement, any Product order form provided by LikeAGlove, and any other legal notices published by us in connection with Product, shall constitute the entire agreement between you and LikeAGlove concerning the Product. In the event of a conflict between this Agreement and any such legal notices, the terms of the applicable notice shall prevail with respect to the subject matter of such notice. No amendment to this Agreement will be binding unless in writing and signed by LikeAGlove. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. All section and sub-section headings used in this Agreement are for convenience only, and shall not be relied upon or used in interpreting this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE PRODUCT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
22. Distributor Requirements and Usage Rules .
22.1. Apple. If you download the App from the Apple, Inc. (“Apple“) App Store (or in any event if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Agreement:
(i) You acknowledge and agree that:
(a) this Agreement is concluded between LikeAGlove and you only, and not with Apple, and LikeAGlove and its licensors, and not Apple, are solely responsible for the App and the content thereof.
(b) your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement.
(c) the License granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS;
(d) LikeAGlove is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
(e) LikeAGlove is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be LikeAGlove’s sole responsibility;
(f) LikeAGlove, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation;
(g) in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim;
(h) Apple, and its subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
(ii) You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
(iii) If you have any questions, complaints, or claims regarding the App, please contact LikeAGlove at:
(iv) By entering into this Agreement you, to the extent legally permitted, hereby waive any applicable law requiring that this Agreement be localized to meet your language and other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement which is part of the Apple App Store Terms of Service, at www.apple.com/legal/itunes/us/terms.html#SERVICE (as amended from time to time).
Last updated: August 2015