!!subsection

GENERAL SET-UP & APP

  • WHICH PHONES ARE COMPATIBLE WITH MY HYBRID SMARTWATCH?
    • Your Hybrid smartwatch is compatible with Android(TM) phones and iPhone(R), specifically with Android OS 4.4 or higher, iOS 8.1/iPhone 5 and above. All devices are Bluetooth(R) enabled with an improved data transfer of 4.1 Low Energy.
  • WHAT COMES WITH MY HYBRID SMARTWATCH?
    • The watch is pre-installed with a coin cell battery (CR2430), a Battery Replacement Tool, a Warranty Booklet, and a Quick Start Guide.
  • HOW DO I SET UP MY DEVICE?
    • To set up your device, reference the Quick Start Guide that accompanied your hybrid smartwatch or follow these steps:
      • On your phone, download and install the App from the App Store or Google Play store. Follow the instructions to set up an account.
      • To put the watch in pairing mode, press and hold the middle button for 5 seconds. The watch will vibrate 3 times and the subeye will animate.
      • The App will walk you through the process of connecting and setting up your hybrid smartwatch.
  • I PRESS THE BUTTON BUT THE HANDS JUST SPIN AROUND ONCE AND THEN STOP. WHAT'S WRONG?
    • Your hybrid smartwatch needs to be paired with your phone using the App. Follow the instructions in "HOW DO I SET UP MY DEVICE?"
  • HOW FAR AWAY CAN MY HYBRID SMARTWATCH BE FROM MY PHONE AND STILL BE CONNECTED?
    • The range of the wireless Bluetooth connection between your phone and Hybrid Smartwatch can vary greatly depending on the environment. In general, you should have at least 10 meters (or 30 feet) of connectivity.
  • DO I NEED TO PLUG IN MY WATCH TO MY PHONE TO SYNC THE DATA WITH THE APP?
    • No, all device data and information wirelessly syncs with the smartphone app via Bluetooth technology.
  • HOW DO I DOWNLOAD THE APP?
    • iOS: Go to the App store, type the brand name in the search command, select the app and tap “Get.” Wait for the app to download on your phone.
    • Android: Go to the Google Play store, type the brand name in the search command, select the app and tap “Install.” Wait for the app to download on your phone.
  • HOW CAN I SIGN UP FOR AN ACCOUNT TO USE THE APP?
    • You can sign up using your email address, Facebook account, or Google account.
  • WHY DO I NEED TO GIVE MY BIRTHDAY/WEIGHT/HEIGHT INFORMATION?
    • Your age informs our activity algorithms (steps, calories, etc.) and makes them more accurate.
  • HOW CAN I UNINSTALL THE APP?
    • iOS: Press and hold on the App icon until an “X” appears on the upper left corner of the icon. Tap on the “X.”
    • Android: Uninstall the app by going to Apps. Press and hold on the App and drag it to the Uninstall icon.
PAIRING/SYNCING
  • HOW DO I PAIR MY HYBRID SMARTWATCH TO MY PHONE?
    • Download the app, set up an account, and follow the prompts to add a new device to your account. In the app, select which device you want to start pairing. Accept the Bluetooth pairing request by selecting “Pair.” You will then see a confirmation screen. You may have to update the firmware. If so, tap “Update” and wait for the update to go through.
  • WHY CAN'T I PAIR MY WATCH TO MY PHONE?
    • It could be one of the following reasons:
      • You have not downloaded and installed the App. Follow the instructions in “GENERAL SET-UP & APP."
      • Your battery is low. Follow the instructions in "HOW DO I KNOW IF MY HYBRID SMARTWATCH BATTERY IS LOW AND NEEDS TO BE REPLACED?"
      • Your watch may not be close enough to your phone. Move your watch closer to your phone.
      • Bluetooth may be disabled on the phone. The app will notify you that Bluetooth is not on and will ask to turn it on. Try enabling Bluetooth on your phone using the phone’s Bluetooth settings. If it is already enabled, try turning Bluetooth off and on.
      • Your watch may need to be unpaired and then, reconnected to the phone. Follow the instructions on “HOW DO I RE-PAIR THE SAME WATCH WITH THE APP?”
      • You may have to quit the app and re-open again.
  • HOW DO I UNPAIR MY WATCH FROM MY PHONE?
    • Open the App. From the app’s main menu, open the Device settings. Disconnect the watch from the app. Then, go to the phone’s Bluetooth settings and forget or unpair the watch.
  • HOW DO I RE-PAIR THE SAME WATCH WITH THE APP?
    • If you have not unpaired your watch, follow the steps on “HOW DO I UNPAIR MY WATCH FROM MY PHONE?” To re-pair, follow the steps on "HOW DO I PAIR MY WATCH TO MY PHONE?"
  • HOW DO I PAIR ADDITIONAL WATCHES OR WEARABLES WITH THE APP?
    • Open the App. From the app’s main menu, click "MY DEVICES." Tap the “+” sign at the bottom of the screen. Follow the steps on “HOW DO I SET UP MY DEVICE?" Note that only one device can be active and connected at a time.
  • HOW MANY DEVICES CAN I PAIR WITH THE APP?
    • You can pair as many devices with the app as you would like but only one device can be active and connected at a time.
  • HOW DO I TOGGLE BETWEEN PAIRED DEVICES?
    • Open the App. From the app’s main menu, click "MY DEVICES" and select the one you want to use. Note that only one device can be active and connected at a time.
  • WHY WILL MY PAIRED HYBRID SMARTWATCH NOT SYNC?
    • It could be one of the following reasons:
      • The watch may be disconnecting if moved outside of the phone’s Bluetooth range. Bluetooth range is 10 meters (30 feet) if there are no doors, walls, or other obstacles between the phone and the watch. Bluetooth may be disabled on the phone. The app will notify you that Bluetooth is not on and will ask to turn it on. Try enabling Bluetooth on your phone using the phone’s Bluetooth settings. If it is already enabled, try turning Bluetooth off and on.
      • If within Bluetooth range of the phone and watch still will not sync, the watch battery might be low. Follow the instructions in "HOW DO I INSTALL/REPLACE THE BATTERY" to replace your battery.
      • If your watch keeps disconnecting after replacing the battery and while still within Bluetooth range of the phone, try turning Bluetooth on and off.
      • If your watch still disconnects, try the steps found in "HOW DO I RE-PAIR THE SAME WATCH WITH THE APP?"
      • If none of these suggestions work, tap the Support button in App Settings to contact us.
BATTERY
  • HOW DO I INSTALL/REPLACE THE BATTERY?
    • May vary by model.
    • Hold the device securely face down.
    • Insert the tool provided or a coin into the slot on the case back.
    • To open, apply light pressure while turning the tool or coin to the left. Line up the dots or markers. Do not over rotate. (Figure A shows the case back in open position)
    • Remove the case back manually. (Figure B)
    • Insert the battery with the “+” or logo facing up (Figure C).
    • Return the case back.
    • To close, apply light pressure while turning the tool or coin to the right. Line up the dots or markers. (Figure D shows the case back in closed position)
  • HOW LONG WILL MY HYBRID SMARTWATCH BATTERY LAST?
    • Your battery will last up to 6 months, depending on usage.
  • HOW DO I KNOW IF MY HYBRID SMARTWATCH BATTERY IS LOW AND NEEDS TO BE REPLACED?
    • When your battery gets low, your app will notify you. Once the battery becomes too low for vibrations, all hands will point to the 6 position on your watch. You will be notified within the App that the features using vibration will no longer work until the battery is replaced. You can dismiss the low battery notification in the app as well as on your watch by pressing any pusher. After you have dismissed this notification, your watch will go back to telling time.
  • HOW DO I MAXIMIZE MY BATTERY LIFE?
    • Notifications alert you on your watch with a vibration and/or movement of the hands. Frequent alerts may cause your battery to drain more quickly. To maximize battery life, you can:
      • Reduce the number of People or Apps you have selected in Notifications. See "HOW CAN I DELETE A CONTACT OR APP FROM MY NOTIFICATIONS?" to learn how.
      • Turn off Notifications. See "HOW DO I DEACTIVATE NOTIFICATIONS?" to learn how.
  • WHAT KIND OF BATTERY DOES MY HYBRID SMARTWATCH USE?
    • CR2430 Lithium Battery
  • WHERE CAN I GET A REPLACEMENT BATTERY FOR MY HYBRID SMARTWATCH?
    • CR2430 Lithium Batteries can be found at most retailers where batteries are sold.
FEATURES
  • IS MY WATCH WATER AND/OR DUST PROOF?
    • The watch is both splash and dust resistant but we do not recommend submerging in water. Additionally, strap material, such as leather, may react poorly to water and dust.
  • DOES MY WATCH HAVE A DISPLAY, MICROPHONE, AND/OR SPEAKER?
    • It does not have a display, microphone, or speaker.
  • DOES MY WATCH HAVE AN ALARM?
    • Your device can alert you with a gentle vibration to wake you up or remind you to do something. Manage your Alarm within the App by tapping the three lines in the upper left of the screen to open the navigation menu. In the navigation menu, select Alarms. Please make sure you are wearing your watch when the alarm is set to go off.
  • DOES MY HYBRID SMARTWATCH MONITOR MY HEART RATE?
    • No, this device does not support heart rate measurement.
  • DOES MY HYBRID SMARTWATCH HAVE GPS?
    • No, this device does not support GPS.
  • CAN MY HYBRID SMARTWATCH MONITOR MY SLEEP?
    • Yes. Wear your watch to bed and see what your night looked like, including light and restful sleep.
  • WILL IT TELL TIME EVEN IF MY WATCH IS NOT CONNECTED TO MY SMARTPHONE?
    • Yes, your watch will continue telling time in the time zone in which it was last connected.
  • HOW DO I SET THE TIME ON MY HYBRID SMARTWATCH?
    • To set the time on your hybrid smartwatch, first pair the watch to your phone. The watch will automatically update to telling time in the same time zone as your phone. See "HOW DO I PAIR MY HYBRID SMARTWATCH TO MY PHONE?"
  • HOW DO I CALIBRATE MY HYBRID SMARTWATCH
    • Calibrate your watch with the App by tapping the three lines in the upper left of the screen to open the navigation menu. In the navigation menu, select MY DEVICES, and select CALIBRATE. The App will walk you through the calibration process.
  • WHY DON'T THE HANDS LINE UP ANYMORE WHEN I GET A NOTIFICATION?
    • Your watch may have to be recalibrated. Follow the instructions in "HOW DO I CALIBRATE MY HYBRID SMARTWATCH?"
  • HOW CAN I LEARN ABOUT ALL THE FEATURES ON MY DEVICE?
    • Tap the 3 lines in the upper left of the app to open the navigation menu, then select MY DEVICES. Tap "Device Features" to learn more about your device.
ACTIVITY TRACKING
  • WHAT TYPE OF ACTIVITY DATA DOES MY HYBRID SMARTWATCH TRACK?
    • Your watch tracks both activity (steps, calories, and distance) and sleep (awake, light, and restful). Additionally, the app lets you track progress towards a personal goal like drinking water or exercising.
  • HOW DO I NAVIGATE BETWEEN MY DAILY, WEEKLY AND MONTHLY VIEWS IN THE APP?
    • From the daily view, swipe up on the screen to see your weekly view and swipe up the screen again to see your monthly view. To return to daily view, swipe down.
  • HOW CAN I VIEW MY ACTIVITY HISTORY IN THE APP?
    • Swipe the screen from left to right to see your activity history in the daily, weekly and monthly views.
  • HOW CAN I ACCESS MY ACTIVITY SETTINGS OR UPDATE MY STEP GOAL?
    • From the daily or weekly views, tap on the 3 dots in the top right corner of the screen and select "Change my step goal."
  • HOW DO I UPDATE MY HEIGHT OR WEIGHT?
    • To update your height or weight, tap the 3 lines in the top left corner in your app to access the navigation menu. Select the gear icon in the upper right of the expanded screen to access your settings. Select “Height” or "Weight", scroll up and down to select the right number, and tap the back arrow when done.
  • HOW CAN I CHANGE THE UNITS OF MEASUREMENT?
    • To change the units system, tap the 3 lines in the top left corner in your app to access the navigation menu. Select the gear icon in the upper right of the expanded screen to access your settings. Tap on “Units” to select the right units of measurement.
  • WHAT ACTIVITIES ARE BEST SUITED FOR MY DEVICE?
    • This device is best suited to capture steps when walking, running, and similar activities throughout your day. The device is only splash proof so swimming is not a recommended activity.
  • MY STEPS/ACTIVITY DATA DOES NOT SEEM TO BE TRACKING IN THE APP. HOW CAN I FIX THAT?
    • Make sure you have been through Activity onboarding to set up your tracking. Next, ensure your device is on, has a full battery, and is connected to the app. To sync, go into your activity screen and pull down to start the syncing process.
  • MY STEPS/ACTIVITY TRACKING DATA DOES NOT SEEM ACCURATE IN THE APP. WHY?
    • It could be one of the following reasons:
      • Make sure you have been through the Activity onboarding to set up your tracking.
      • Make sure your device's battery is not dead and that it is syncing to the app.
      • Make sure the device is snug to your wrist.
      • The device only tracks walking, running and other related activities. If you hold something in the same hand as the device while walking, it might not count all steps accurately.
      • The device might be in recovery mode. If so, tracking and notifications will not work. You will need to do a firmware update to get things back to normal again.
      • We use sensors and a complex algorithm to determine when someone has taken a step. We believe our algorithm is an accurate representation of actual movement and ignores false movement like simply moving your arm.
  • WHY DON'T I SEE ANY CALORIES COUNTED?
    • You cannot see calorie metrics until height and weight are set. To update, see "HOW DO I UPDATE MY HEIGHT OR WEIGHT?"
  • IF I DON'T SYNC MY WATCH, WILL I LOSE MY ACTIVITY DATA?
    • Your watch can store data for 14 days between syncs.
  • CAN I MANUALLY LOG ACTIVITY OR EXERCISE?
    • No, at this time you cannot manually log physical activities.
3RD PARTY INTEGRATION

Activity

  • CAN I SEND MY ACTIVITY DATA TO OTHER APPS?
    • Yes, you can send your step counts to Google Fit™, UA Record™ by Under Armour, UP by Jawbone™ and Apple Health apps.
  • CAN I SEND MY ACTIVITY DATA FROM OTHER APPS TO THIS APP?
    • No, you can only export your data to other apps (not import data).
  • WHY IS MY STEP NUMBER DIFFERENT IN THIS APP THAN IN OTHER TRACKING APPS I USE?
    • We use sensors and a complex algorithm to determine your step count. Each app has a different algorithm that causes variations between data.

Sleep

  • CAN I SEND MY SLEEP DATA TO OTHER APPS?
    • No, you cannot send your sleep data to other apps.
  • CAN I IMPORT MY SLEEP DATA FROM OTHER APPS?
    • No, you cannot receive any sleep data from other apps.
SLEEP TRACKING
  • WHAT TYPE OF SLEEP ACTIVITY IS BEING TRACKED?
    • If you wear your device to sleep, it can automatically track when you fall asleep, duration of sleep, duration of light and restful sleep, and when you wake up.
  • HOW DO I NAVIGATE BETWEEN MY DAILY, WEEKLY AND MONTHLY VIEWS IN THE APP?
    • From the daily view, swipe up on the screen to see your weekly view and swipe up the screen again to see your monthly view. To return to daily view, swipe down.
  • HOW CAN I VIEW MY SLEEP HISTORY IN THE APP?
    • Swipe the screen from left to right to see your sleep history in the daily, weekly and monthly views.
  • MY SLEEP DATA DOES NOT SEEM TO BE TRACKING IN THE APP. HOW CAN I FIX THAT?
    • Make sure you have been through Sleep onboarding to set up your tracking. Next, ensure your device is on, has a full battery, and is connected to the app. To sync, go into your sleep screen and pull down to start the syncing process.
  • MY SLEEP DATA DOES NOT SEEM ACCURATE IN THE APP. WHY?
    • It could be one of the following reasons:
      • Make sure you have been through Sleep onboarding to set up your tracking.
      • Make sure your device is on and charged and connected to the app.
      • The device might be in recovery mode. If so, tracking and notifications will not work. You will need to do a firmware update to get things back to normal again.
  • HOW CAN I EDIT MY SLEEP LOG?
    • At this time, you cannot edit your sleep.
  • DO I NEED TO PRESS A BUTTON OR TAKE ACTION TO START TRACKING MY SLEEP?
    • No, your hybrid smartwatch will automatically track your sleep so you don't need to take action to enter or exit sleep mode.
GOAL TRACKING
  • WHAT IS GOAL TRACKING?
    • Your watch allows you to track toward a preset or custom goal of your choice. Creating goals can help you build healthy habits, like drinking water or getting exercise.
  • HOW DO I SET A GOAL?
    • Tap "GOALS" on the bottom right of your app screen. Tap the "+" on the screen, then you can choose one of the pre-set goals or create your own. After you set the frequency and duration of your goal, select "Start Goal." If your device is currently set to perform another LINK function, it will ask if you would like to switch LINK to tracking progress against your goal. Your device is only able to perform one LINK function at a time. You can select either "Yes" or "Not Now."
  • HOW DO I LOG MY PROGRESS?
    • Log progress toward your goal either by pressing the bottom button on your watch or manually in the App by pressing the "+" button.
  • HOW DO I EDIT MY GOAL?
    • Tap "GOALS" on the bottom right of your app screen. Then, tap the 3 dots on the top right of the screen and select "Edit Goal."
  • WHAT HAPPENS WHEN I REACH MY GOAL?
    • The app will congratulate you upon goal completion.
LINK
  • WHAT IS LINK?
    • LINK is a way for you to control your phone by pushing the bottom button on your watch. Within the app, you can choose to activate one of the following settings:
      • Ring My Phone - Find your phone by making it ring
      • Control My Music - Play/pause, go to the next song, or go to the previous song
      • Take a Photo - Take a picture or selfie
      • Goal Tracking - Track your progress towards a set goal
  • HOW CAN I CHANGE WHAT LINK CONTROLS?
    • Tap the three lines in the upper left of the app to open the navigation menu. In the navigation menu, select LINK. This will show you a menu of options to choose from which you can enable by selecting the option you would like. You can also turn off the functionality entirely by toggling the button at the top right hand of the LINK menu.
  • HOW DOES THE 'RING MY PHONE' FEATURE WORK?
    • When you select 'Ring My Phone' as your LINK function, any time you press the bottom button on your watch once, your phone will ring. Note that some phones may not ring if it is in silent mode.
  • HOW DOES THE 'CONTROL MY MUSIC' FEATURE WORK?
    • When you select 'Control My Music' as your LINK function, the bottom button on your watch will be able to control the audio on your phone. Press once to play/pause, press twice to skip to the next track, or press and hold for 2 seconds to go to the previous track. A music app must be running in the background for this feature to activate.
  • HOW DOES THE 'TAKE A PHOTO' FEATURE WORK?
    • When you select 'Take A Photo' as your LINK function, the bottom button on your watch will be able to control the camera on your phone. Open the camera app on your phone. Press once to take a single photo or press and hold to take a photo burst.
  • HOW DOES THE 'TRACK GOAL' FEATURE WORK?
    • When you select 'Track Goal' as your LINK function, the bottom button on your watch will be able to track toward a preset or custom goal of your choice.
  • HOW DO I DEACTIVATE LINK?
    • To deactivate LINK, tap the on/off toggle on the top right corner of your LINK home page.
NOTIFICATIONS
  • WHAT IS NOTIFICATIONS?
    • Notifications is a section of the App that enables you to customize the notifications you would like to receive on your watch.
  • WHAT IS THE "MY PEOPLE" FEATURE?
    • "My People" enables you to receive notifications from a selected amount of people in your contact list. You can set whether you want to be notified when they call, text and/or email you.
  • HOW DO I ADD CONTACTS TO MY PEOPLE?
    • In your Notifications home page, tap “Add” next to “My People,” search or scroll through the contacts you would like to add and tap the back arrow to save.
  • HOW MANY PEOPLE CAN I ADD TO MY PEOPLE?
    • You can add up to 6 people.
  • HOW DO I SELECT THE APPS I WOULD LIKE TO RECEIVE NOTIFICATIONS FROM?
    • In the Notifications home page, tap “Add” next to “My Apps,” search or scroll through the available apps you would like to add and tap the back arrow to save.
  • WHAT IF I RECEIVE SEVERAL APP NOTIFICATIONS AT THE SAME TIME, DO THEY ALL SHOW UP ON MY DEVICE?
    • On iPhones, not all notifications will get sent if multiple notifications are received on the phone at the same time (e.g. you have My App Notifications for all your apps and your phone receives Gmail, Inbox, Google+, Facebook, and Facebook Messenger at the same time, possibly only one of the "My App" notifications will trigger).
  • HOW CAN I DEACTIVATE ALL MY NOTIFICATIONS?
    • To deactivate all your notifications tap the on/off toggle on the top right corner of the Notifications home page.
  • HOW CAN I DELETE A CONTACT OR APP FROM MY NOTIFICATIONS?
    • Swipe left on the contact or app you would like to delete and press the trash can icon.
  • HOW CAN I TURN OFF HAND MOVEMENT FOR NOTIFICATIONS WHEN I JUST WANT MY WATCH TO VIBRATE?
    • Tap the strikethrough circle symbol in the top right of the screen for each contact or app for which you would like to disable hand movements. Your watch will only vibrate when you receive a notification from that specific contact or app.
  • HOW CAN I CHANGE THE VIBRATION STRENGTH OF MY HYBRID SMARTWATCH?
    • To change vibration strength, go to Settings in the app. To access Settings, tap the the three lines in the upper left of the screen to open the navigation menu. Then tap the gear icon to the right of your profile picture to open Settings. Tap "Vibration Strength" and select Light, Medium or Strong.
  • WHAT IF I DON'T RECEIVE NOTIFICATIONS ON MY DEVICE?
    • You should make sure your device battery has power and your device is connected properly to the app. If the problem persists you may unpair your device from the phone and pair it again. If you are wearing another smartwatch device that is receiving notifications (e.g. Apple Watch, Pebble, etc.), the notification may not always go to both devices, and can in some cases only go to one of the devices, but not the other.
  • WHAT IF MY NOTIFICATIONS DON'T COME THROUGH?
    • Be sure that the app you have selected to receive notifications for has the settings configured to show notifications on the lock screen of your phone. This determines what notifications make it to your device.
ACCOUNT & DEVICE SETTINGS
  • HOW CAN I ACCESS THE SETTINGS MENU?
    • To access Settings, select the 3 lines in the upper left of the app to open the navigation menu. Tap the gear in the top right corner. In your Settings Menu, you can edit your activity and sleep goals, manage your profile, connected apps, notifications, vibration strength, and get support.
  • HOW CAN I EDIT MY PROFILE?
    • To edit your first or last name, email address, password, or personal data, go to Settings and click "My Profile." Tap on the field you wish to edit and use the keyboard. Tap the back arrow when finished.
  • HOW CAN I DELETE MY ACCOUNT?
    • To delete your account, go to Settings and click "My Profile." Tap “Delete Account” at the bottom of the screen and then, tap “Ok” to confirm.
  • HOW CAN I OPT OUT FROM EMAILS?
    • To opt out of emails, go to Settings and tap "Opt-In." Toggle to opt in for or out of emails.
  • HOW CAN I OPT OUT FROM PUSH NOTIFICATIONS?
    • To opt out of push notifications, go to Settings and tap "Opt-In." Toggle to opt in for or out of push notifications.
  • HOW CAN I CHANGE THE LANGUAGE OF THE APP?
    • The app language is automatically selected based on the language you set for your phone. If your phone's language is not one of the languages the app is translated in, the default language is English.
  • HOW CAN I ACCESS THE MY DEVICES SCREEN?
    • Tap the 3 lines in the upper left of the app to open the navigation menu, then select "My Devices."
  • HOW CAN I GET MORE INFORMATION ABOUT THE DEVICE THAT IS CONNECTED?
    • Tap the 3 lines in the upper left of the app to open the navigation menu, then select "My Devices." Select the device that is connected to view more information.
  • HOW CAN I REMOVE A DEVICE?
    • Tap the 3 lines in the upper left of the app to open the navigation menu, then select "My Devices." Select the device you wish to remove and tap "Remove this device." Then, go to the phone’s Bluetooth settings and forget or unpair the device.
  • HOW CAN I ADD A DEVICE?
    • If you already have the app and want to add a new device, tap the 3 lines in the upper left of the app to open the navigation menu. Select "My Devices" and then, select "Add" in the upper right of the screen.
PRIVACY
  • HOW IS MY PERSONAL DATA BEING USED?
    • Refer to "Privacy Policy" in the app under Settings. To access Settings, select the 3 lines in the upper left of the app to open the navigation menu. Tap the gear in the top right corner. Scroll down to select "About" where you will see links to the privacy policy and term of use.
  • WHAT IS THE WARRANTY ON MY HYBRID SMARTWATCH?
    • Your Hybrid smartwatch has a 2-year limited warranty. Please read the warranty booklet included in the box or online for more details.
  • WHAT IF I HAVE A QUESTION THAT ISN'T ANSWERED HERE?
    • To contact customer care, tap the Support button in App Settings.




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EMAIL US

emporioarmaniconnected@wearablessupport.com

EMPORIO ARMANI CONNECTED APP PRIVACY POLICY


A. What is this Privacy Policy about?

At Fossil Group, Inc., ("Fossil", "we" or “us”) (licensee of Giorgio Armani S.p.A. for Emporio Armani Connected branded wearable devices) we value and protect your privacy rights. This Privacy Policy describes:

  • what Personal Information we collect from the Emporio Armani Connected App (“App”) and Emporio Armani Connected device (”Device”), and the purposes for which we use it
  • what Personal Information we transfer to third parties and
  • what rights you have and how you can execute such rights
Personal Information is information through which you can be directly or indirectly identified, e.g. your name, email address or the activities that we collect via the App or Device. Please note that this Privacy Policy only applies to the App and the Device after you have activated it using the App. Some Emporio Armani Connected branded display watches do not pair to the App. For the Emporio Armani Connected branded display watches (smart watches with digital displays) you must register the device through Google Android Wear. Collection and use of your Personal Information on those devices is subject to Google's privacy policy. This Privacy Policy does not apply to your purchase transaction of the Device.


B. What Personal Information do we collect and what do we use it for?

The Personal Information that we collect and the purposes for which we use it are (please note that availability of functionality may vary, depending on your App and Device):
  • General Account data
    When you use the App we will collect general data such as first and last name, email address, date of birth, gender, photo, height and weight, your password to create and manage your account, information about the Device you pair your App with and information about the mobile device (i.e smart phone) the App is installed on, including your device type, manufacturer, model, and operating system; your device ID; and the version of your App. We will also collect this information when you sign-up using a social media log in, such as via Facebook or Google+. We do not collect or store your social media password information if you sign up using a social media log in.
  • Activity and sleep data
    We collect the calculated number of steps you have taken, calories burned, your mode of movement (e.g. running or walking), travelled distance (but no correlated location data), time zone, your goals for the day (if any) and whether you achieved them. In order to enable us to calculate calories burned we also ask you to enter your height and weight and use the date of birth information provided to us in the registration process. You may also choose to input information about your activities through the App, such as updating information about your weight.

    On some Devices we collect sleep start time, sleep end time, time you go to bed and the time you wake up. We also collect details of sleep such as when light sleep and when restful sleep occurs to show you data and insights about your sleeping patterns.
    Certain activity and sleep data might be regarded as "health related data" in certain jurisdictions. We therefore ask for your consent to collect such data when you sign-up. We will seek your express additional consent if we wish to use health related data for marketing purposes.
  • Notifications
    All activities connected to Notifications solely take place on your Device and the App. We track that a Notification occurred.
  • Emporio Armani Connected Link
    On some Devices you can use a Link feature that enables you, with a tap on the Device, to use certain functionalities as selected by you such as to play music, ring your phone, or take a photo. We store your settings for this but do not track when you use the Link function.
  • Location information
    When you install the App, you may be asked to grant access to your mobile device’s geolocation data. If you grant such permission, we may collect information about your precise geolocation information (i.e., your real-time geographic location), and may use that information to customize the App with location-based information and features (for example, to provide you with relevant weather information through your weather app based on your location). If you access the App through a mobile device and you do not want your mobile device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your mobile device, provided your mobile device allows you to do this. See your mobile device manufacturer’s instructions for further details.
  • Google Analytics
    We use Google Analytics to track and examine how our App is used and how we may improve it. Google Analytics is a web analysis service provided by Google Inc., located in the USA. Google Analytics anonymizes your IP address by removing the last octet (eight bit characters) of the IP address prior to its storage. We do not connect data from Google Analytics with any of your Personal Information. You can opt-out from our collection of data by Google Analytics at any time in the App's settings.
  • Other analytics
    We may aggregate and de-identify data (so that the data is not associated with an individual’s name or other personally identifiable information) collected through the App and Device and use it for a variety of analytic purposes, such as determining the average daily steps taken by App users, analyzing fitness trends or obtaining information to improve our products and services.
  • Customer support
    If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail. We also collect certain requested information if you contact us via e-mail regarding support for the service.
    In addition, in the event our App crashes on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our App.
  • Emails and other communications
    We may send push notifications to provide you with alerts about updates for the Device or the App unless you opted out from such push notifications (which you can do in the App's settings). We will send you emails related to the administration of your account, such as a welcome email when you create your account, a confirmation email if you delete your account, emails if you forgot your password and need assistance changing it, or a reminder that your Account may be deactivated after a period of inactivity.

You can at any time stop transfer of data from the Device to the App by disabling the Bluetooth connection; however, in this case the functionalities described above will not work.


C. Can you share your Personal Information?

The App allows you to share Personal Information from the App on social networks like Facebook or transfer Personal Information to other apps like Apple Health or Google Fit. In these instances the privacy policy of the company with which you are sharing your data will apply and we recommend you to read that company’s privacy policy before sharing your data.
We do not control and do not assume any responsibility for the use of Personal Information by such third parties. For more information about the third party’s purpose and scope of their use of Personal Information in connection with sharing features, please visit the privacy policies of such third party apps and their providers.


D. When do we share Personal Information?

We will share your Personal Information in the following cases. We will not distribute your data to third parties that are not related to us for marketing purposes without your prior consent.

  • Sharing of information when obliged by law and for internal purposes We may share your Personal Information (a) in order to comply with relevant laws, regulatory requirements and to respond to lawful requests, court orders, and legal process; including requests to meet national security or law enforcement requirements (b) in order to protect and defend the rights or property of us or third parties, including terms of use; or (c) in an emergency, in order to protect the safety of our employees or any person.

    We may use and share Personal Information, including information considered personal health information, for the proper management and administration of our company and to otherwise carry out our legal responsibilities.

    Although we do not recognize automated browser signals regarding tracking mechanisms at this time, we do not share your Personal Information for online behavioral advertising.
    Additionally, on a case by case basis, in the event that we or substantially all of our assets are acquired by one or more third parties as a result of an acquisition, merger, sale, consolidation, bankruptcy, liquidation or other similar corporate reorganization, your data, including Personal Information, may be part of the transferred assets.

    Where required by applicable law of the Privacy Shield Principles we will inform you about, and allow you to opt-out from, the transfer of your Personal Information.
  • Sharing within our companies
    We may share your Personal Information within the Fossil Group, including its related companies. Your Personal Information will be combined with or connected to other Personal Information that Fossil Group companies have obtained about you (e.g. purchase details of your Device).
  • Sharing with subcontractors and service providers
    We involve other companies for the provision of services to you or hosting Personal Information. These companies are only permitted to use Personal Information on our behalf, may not use such data for their own purposes except as permitted by law and are required to provide data security for the protection of Personal Information. Provided your Personal Information is subject to the Privacy Shield, we will remain liable that processing of Personal Information by service providers or subcontractors is consistent with our instructions unless we are not responsible for such inconsistent processing.

    Where we engage service providers that use Personal Information on behalf of us we will use reasonable measures to contractually ensure that Personal Information is only used for the purposes defined by us. Provided your Personal Information is subject to the Privacy Shield, we will remain liable that processing of Personal Information by service providers or subcontractors is consistent with our instructions unless we are not responsible for such inconsistent processing.
  • Sharing of information with business associates
    We may enter into business agreements with third parties who are subject to health-related laws and regulations (e.g., the Health Insurance Portability and Accountability Act of 1996, as amended), such as health insurers and companies with employee wellness programs, to provide services related to the Devices. We may share Personal Information, including information considered personal health information, with these entities pursuant to our agreements with them.
  • Sharing de-identified information with third parties
    We may share aggregated and de-identified data (which is not associated with an individual’s name or other personally identifiable information) collected through the App with third parties for any lawful purpose.



E. Children's online privacy protection

We do not knowingly collect, maintain, or use Personal Information via the App about children under the age of 14. Persons under the age of 14 may not use the App and their request for accounts will be denied. If we become aware that a child under the age of 14 has sent Personal Information to us without prior parental consent, we will remove his or her Personal Information from our files.


F. How long do we store and how do we secure Personal Information?

We will retain your Personal Information as long as required to provide you with App and Device functionality and services but in any event only as long as your account is active. When you delete your account or we disable it after a time of inactivity and notification from us, we will also delete your Personal Information from our systems (excluding any information we have de-identified). However, we may keep some of your Personal Information for legal reasons.

Safeguarding the confidentiality of your Personal Information is important to us. We take reasonable steps to protect the confidentiality, integrity, and availability of your data (e.g. by encrypting data that is exchanged between the Device and the App while in transit).


G. What are your rights?

You may request (i) information regarding which Personal Information we hold about you, (ii) a correction where information is incorrect or a deletion of your Personal Information, unless we keep it for legal reasons and (iii) information as to whom we share your Personal Information with. You may also opt-out of the use and sharing of your Personal Information for marketing purposes (as permitted by this Privacy Policy) by contacting us as set forth in Section K.

We encourage you to address any inquires or concerns you may have regarding our use of your Personal Information by using the contact details provided in Section K. If your Personal Information is subject to the Privacy Shield, you can also address your concerns regarding the use of your Personal Information to Direct Marketing Association (DMA) free of charge.

DMA contact information:
Privacy Shield Line
Direct Marketing Association
1615 L. Street, NW, Suite 1100
Washington, DC 20036
To file a complaint/inquiry: https://thedma.org/shield-complaint-form/
For information about the DMA and their Privacy Shield program visit: www.thedma.org/privacy-shield-safe-harbor-for-consumers/
In cases where the issue cannot be resolved by us or through the alternative dispute resolution proceedings you may invoke binding arbitration as further described in the Privacy Shield.


H. Your California Privacy Rights

California law requires certain businesses to respond to requests from California residents asking about the disclosure of Personal Information to third parties for marketing purposes. Alternatively, such businesses may adopt a policy of not disclosing Personal Information to third parties for marketing purposes if a California resident opts-out. We have an opt-out policy. If you wish to opt-out of our sharing your Personal Information for marketing purposes (either with companies related to us or if you previously consented to our sharing information with unrelated third parties for marketing purposes), please contact us by email or mail at the addresses in Section K.


I. Privacy Shield

As Fossil Group, Inc. is a US based company, Personal Information will be primarily stored in the United States. In order to provide an adequate level of protection according to EU laws, Fossil complies with the EU-U.S. Privacy Shield Framework Principles as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of all personal data from EEA member countries. Fossil has certified that it adheres to the Privacy Shield Principles and is supervised by the U.S. Federal Trade Commission (FTC). To learn more about the Privacy Shield program, and to view Fossil's certification, please visit

https://www.privacyshield.gov/welcome

To view Fossil’s certification on the Privacy Shield list, see the U.S. Department of Commerce’s Privacy Shield certification list located at https://www.privacyshield.gov/list. Fossil Group’s subsidiaries, including Fossil Partners, LP and Misfit, Inc. also adhere to the Privacy Shield Principles. Fossil’s independent resolution dispute provider is the Direct Marketing Association and their contact information is listed above in the Section entitled “What are your rights?”


J. Changes to this Privacy Policy or how we use Personal Information

This Privacy Policy is effective as of October 25, 2016 and may be updated from time to time. We will notify you of material changes to our Privacy Policy by posting a prominent notice in the App or by sending you an email or a notification in which we may also seek your consent. If your Personal Data is subject to the Privacy Shield and if Fossil decides to use your Personal Information for a purpose that is materially different from the purposes for which it was originally collected or subsequently authorized by you, we will notify you and, in the case of health related information, ask for your consent; or in all other cases, provide you with the opportunity to opt-out of our use of your Personal Information for that purpose.


K. Who we are and how to contact us

This App is provided to you by Fossil Group, Inc., 901 S. Central Expressway, Richardson, Texas 75080, USA. If you have any questions regarding privacy in connection with the App or the Device, please contact ys via email at CorporateCompliance@fossil.com. You can also contact us via mail: Fossil
Attention: Chris King, Chief Compliance & Risk Officer
901 S. Central Expressway
Richardson, Texas 75080






Terms of Use


These terms of use (the “Agreement”) apply to your use of the Emporio Armani Connected App on any platform or device, including any functions within the Emporio Armani Connected App such as Activity and Notifications (collectively, the “App”). The Agreement is a legally binding contract between Fossil Group, Inc. (“we” “our” or “us”) (licensee of Giorgio Armani S.p.A.for wearable devices) and any person who accesses or uses the App or any of its functions (“you” or “your”). Please review this Agreement carefully before using the App.

  1. Conditions for Use of the App

    The App is offered subject to your acceptance without modification of this Agreement. By accessing or using the App, you agree to be bound by all of the terms and conditions of this Agreement as such terms and conditions may be modified by us from time to time in our sole discretion. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT WITHOUT MODIFICATION, THEN YOU MAY NOT ACCESS OR USE THE APP. Please check this Agreement periodically for changes. Your continued access or use of the App following any changes to the Agreement constitutes your acceptance of those changes.

    The App must be paired with a compatible watch or jewelry item, which you are responsible for obtaining, in order to use all the functionality of the App. The App may not function properly if you do not install any necessary companion applications or firmware or software updates to the, your mobile device, watch or jewelry item. You are responsible for your mobile carrier’s rates and fees that may apply while you are using the App. The App may enable you to use your compatible watch or jewelry item to execute certain functions on your mobile device, such as taking a photograph. You assume all risks to your mobile device if you choose to use such features.

    These Terms of Use apply only to your use of the App. The watch or jewelry items that you pair with this App may be subject to their own terms of use, warranties and other policies (including the way in which those products interact with App). You should refer to the information that was supplied with your watch and/or jewelry items to determine your rights and obligations with respect to those products.



  2. Age Restrictions

    By using the App, you warrant that you are of legal age to form a binding agreement or, if you are at least 14 years of age, but not yet of legal age to form a binding agreement, your parent or legal guardian has consented to your use of the App and accepts this Agreement as a binding agreement on your behalf. You may not use the App if you are not at least 14 years old.



  3. Privacy Policy

    All information provided and collected in App is handled in accordance with our Privacy Policy, which is hereby incorporated into and made part of this Agreement.



  4. Use at Your Own Risk

    The App is for your private, non-commercial use. Your use of the App is solely at your own risk. Without limiting any other terms of this Agreement, we do not make any representations, warranties or promises about the accuracy, reliability or effectiveness of any of the App functions or services, including without limitation, the number of steps you’ve taken, calories burned, sleep duration and other information. The App is intended to provide a reasonable approximation of information such as pace, steps, calories burned, distance covered, and sleep. However, the App relies on the accuracy of the information you input, uses algorithms that are not necessarily perfect and is subject to other factors beyond our control. We do not guarantee that the information provided by the App is 100% accurate. The App will not precisely track each calorie burned or each step taken, and will not precisely report pace, distance covered or sleep. Do not rely on the information provided by the App for medical purposes. It is not a medical device. The App is not intended to provide any recommendations or treatment for any health conditions or physical status. The App is not designed or intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment or prevention of disease. You should consult a medical professional before engaging in any physical activity and for any fitness or health-related recommendations or treatment.



  5. Passwords and Security

    You must create an account to use the App. When you create an account, you agree to submit accurate and complete information and to update such information as required from time to time. If we suspect that your information is untrue, inaccurate, out-of-date, or incomplete, we may suspend or terminate your access to the App or request additional information from you. You will be asked to select a personal, non-transferable password when you create an account. If you submit a request for a lost or forgotten username or password, you may be asked to provide information that we will use to confirm your identity. You are solely responsible for all activities that occur under your password-protected account and for ensuring the protection of your account information. If you delete your activity history or other information on the App, or in some instances if you require a username or password reset, your information may be permanently deleted. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. You agree that we may send to you in electronic form any notices or other communications regarding the App and such electronic form will satisfy any legal requirements with respect to communications or notice.



  6. Limited License

    We hereby grant you a limited, personal, non-exclusive, non-transferable, non-assignable, non sublicensable, and revocable right to install and use the App in accordance with this Agreement. The App is our valuable intellectual property and you obtain no rights to the App except to use it in accordance with this Agreement. You must not: (a) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access or use the source code of the App; (b) sell, assign, sublicense, transfer, distribute, lease or grant a security interest in the App; (c) reproduce, duplicate, copy, sell, resell, or exploit for commercial purposes any portion of the App; or (d) use the App in a manner prohibited by applicable laws or this Agreement.



  7. Copyright and Other Intellectual Property

    All content and other materials available at or through the App, including without limitation trademarks, service marks, trade names, images, audio, text, software, designs and the “look and feel” of the App (collectively, “App Content”) are owned or licensed by us or our affiliates and are protected by copyright, trademark, and other intellectual property laws. The App may allow you to share information regarding your use of the App (such as your progress or goals met) on social media and similar platforms. When the App provides access to App Content that you may share, we grant you a limited, personal, non-exclusive, non-transferable, non assignable, non-sublicensable and revocable license to that specific and limited App Content for the sole purpose of you sharing information, on a non-commercial basis, regarding your use of the App through the sharing functions made available within the App, provided you do not alter, remove, or falsify any attributions or other proprietary designations of origin or source of the App Content. Otherwise, you may not reproduce, republish, distribute, display, perform, transmit, sell, or otherwise use any App Content without our express written permission. All rights not expressly granted to you in this Agreement are reserved by us and/or our licensors.



  8. Copyright Infringement

    If you believe that any App Content infringes upon your copyright, please notify us in writing at:

    Fossil
    General Counsel
    901 S. Central Expressway
    Richardson, TX 75080
    Attn: DMCA Copyright Agent
    VIA EMAIL: legal@fossil.com
    Your notice must include (a) a description of the copyrighted work that you claim has been infringed; (b) a description of the location on App where the allegedly infringing content is located; (c) your full name, postal address, telephone number, and email address; (d) a statement that you have a good faith belief that the use of the allegedly infringing material on the App is not authorized; (e) your physical or electronic signature; and (f) a statement that you are the copyright owner or an authorized agent of the copyright owner.



  9. Submissions

    We are pleased to hear from our customers and welcome feedback on the App. However, if you send us any ideas, suggestions, drawings, graphics, innovations, concepts, recommendations, or similar materials (“Submissions”) you agree that the Submissions are not confidential. You hereby assign such Submissions to us without compensation (or the expectation of compensation) and agree that we may disclose, reproduce, republish, modify, distribute, display, perform, transmit, sell, or otherwise use your Submissions for commercial or non-commercial purposes with no compensation to you. For any Submissions that cannot be legally assigned to us, you hereby grant us an unrestricted, perpetual, royalty-free, irrevocable and worldwide license to reproduce, republish, modify, distribute, display, perform, transmit, sell, or otherwise use your Submissions for commercial or non-commercial purposes with no compensation to you.



  10. Prohibited Conduct

    You agree to abide by all applicable laws and not to (a) upload, transmit, post, email, or otherwise make available to the App any material in any format that (i) is false, inaccurate, misleading, fraudulent, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another's privacy, or libelous; (ii) infringes any third party's intellectual property or other proprietary right or rights of publicity or privacy; or (iii) contains viruses, worms, Trojan horses, time bombs, corrupted files, or any other software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of the App or any computer software or hardware or equipment associated with the App; (b) alter, remove, or falsify any attributions or other proprietary designations of origin or source of the App or App Content; (c) impersonate any person or entity, including, but not limited to, our employees or officers, or falsely state or otherwise misrepresent your affiliation with any person or entity; (d) attempt, through any means, to gain unauthorized access to the App or another person’s account or information on or through the App; (e) use any robot, scraper, spider, or any other automatic device or manual process to monitor or copy the App or any App Content without our prior express written permission; (f) take any action that imposes an unreasonable or disproportionately large load on the App; (g) take any action that creates liability for us or causes us to lose any of the services of our business partners, vendors or suppliers; or (h) take any action that would cause us to violate any applicable law, statute, ordinance or regulation, or that violates the Agreement.



  11. Promotional Information

    We may from time to time make information available on the App regarding certain programs, offers, or promotions (“Promotions”). All Promotions are subject to the specific terms, conditions, and restrictions disclosed in connection with such Promotions and are subject to being withdrawn or changed without prior notice. We are not responsible for any typographical or other errors or omissions regarding prices, availability, or other information in connection with Promotions.



  12. Other Applications and Websites

    The App may contain links or other options to connect to other websites, applications or devices that are not owned or operated by us (“Third Party Apps”). You may be able to log-in to Third Party Apps from the App and share your App information with Third Party Apps. You may also be able to upload photos and other content to Third Party Apps from the App, including social media sites. We do not have any control over Third Party Apps and are not responsible for any information, functionality, products, services or content of such Third Party Apps, even if you choose to share information from the App with such Third Party Apps. Your use of the Third Party Apps is subject to the privacy policies and terms of use of the Third Party Apps and you should read and understand them before using any Third Party Apps. We do not represent or imply that we endorse any Third Party Apps. You are responsible for taking the necessary precautions to protect yourself and your device from viruses, worms, and other harmful or destructive content that may be accessible through Third Party Apps. We disclaim any responsibility for any harm resulting from your use of Third Party Apps.



  13. Disclaimer

    YOU AGREE THAT USE OF THE APP, AND ANY DEVICES YOU CONNECT TO THE APP OR MOBILE DEVICES YOU USE IN CONNECTION WITH THE APP, IS AT YOUR SOLE RISK. THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR AT OR THROUGH THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY THAT THE APP WILL MEET YOUR REQUIREMENTS, BE ACCURATE, COMPLETE, CURRENT OR TIMELY, UNINTERRUPTED, SECURE, OR ERROR FREE. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICES, INCLUDING MOBILE DEVICES YOU USE IN CONNECTION WITH THE APP, JEWELRY AND WATCHES, OR DATA (INCLUDING LOSS OF DATA) THAT RESULTS FROM YOUR ACCESS OR USE OF THE APP. WE DO NOT WARRANT THAT THE APP IS FREE OF DEFECTS, VIRUSES, MALFUNCTIONS, OR HARMFUL COMPONENTS THAT COULD DAMAGE OR ALLOW UNAUTHORIZED ACCESS TO YOUR DEVICE OR DATA. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED AT OR THROUGH THE APP. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE APP IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. THE APP IS OPERATED FROM THE UNTIED STATES. IF YOU ACCESS OR USE THE APP FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION, EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.



  14. Limitation of Liability

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES, LICENSORS OR OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS) SHALL BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM THE APP OR THE USE, ATTEMPTED USE OR INABILITY TO USE THE APP, INCLUDING LOST REVENUE, LOST DATA, DAMAGED DEVICES OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOU AGREE THAT OUR TOTAL LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE ACTUAL TOTAL AMOUNT, IF ANY, RECEIVED BY US FROM YOU TO ACCESS THE APP OR, IF GREATER, $100. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.



  15. Indemnification

    You agree to indemnify, hold harmless, and release us, our subsidiaries, our licensor, and our respective officers, directors, shareholders, employees, agents, representatives (and their respective successors and assigns) from and against any and all claims, damages, costs and expenses, including, but not limited to, reasonable attorney's fees, arising from or related to: (i) your access, use, attempted use, inability to use or misuse of the App; (ii) your violation of any of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property or privacy right; or (iv) any claim that your use of the App caused damage to a third party.



  16. Export Controls and Designated Persons

    The App is operated from the United States and it is possible that software available at or through the App may be subject to United States export controls administered by the United States Commerce Department or sanctions programs administered by the United States Treasury Department. No software available at or through the App may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country subject to a United States or United Nation embargo or sanction; (b) to anyone on the United States Treasury Department's list of Specially Designated Nationals and Blocked Persons; (c) to anyone on the United States Commerce Department’s Denied Persons List or Entity List; or (d) to anyone subject to the same or similar restrictions as the foregoing. By downloading or using any software available at or through the App, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any of the above lists or subject to such restrictions.



  17. Arbitration

    Any dispute, claim, or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by individual arbitration in Dallas, Texas before a single neutral arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Any appeal shall be heard and decided by a panel of three neutral arbitrators. All arbitrators shall be retired judges or justices of any Texas state or federal court, and shall in their substantive rulings (as opposed to procedural or discovery-related rulings that are otherwise governed by the JAMS Comprehensive Arbitration Rules and Procedures), apply the laws of the State of Texas without giving effect to any choice or conflict of law provision or rules that would cause the application of the laws of any jurisdiction other than the State of Texas. The award of the arbitrator(s) shall be binding and final on all parties. The arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator(s) determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration. Judgment on the award rendered may be entered in any court having jurisdiction. The arbitrators may not award any punitive, incidental, indirect, special, or consequential damages, including, but not limited to, damages for lost profits. Any dispute resolution proceeding arising out of or relating to this Agreement, including arbitration, will be conducted only on an individual basis and not in a class or representative action on behalf of others. There is no right for any dispute hereunder to be brought or heard as a class arbitration, class action, or private attorney general action or for the consolidation of arbitrations. Notwithstanding any other provision in this Agreement, and without waiving any party’s right to appeal, if this waiver of class action is held invalid or unenforceable, then the entire Arbitration clause in Section 17 (with the exception of this sentence) shall not apply.



  18. Miscellaneous

    If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the remainder of the Agreement, which shall remain in full force and effect. No waiver of any breach or default of the Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. Our failure to insist upon or enforce strict performance of any terms in this Agreement shall not be considered a waiver of those terms or any of our rights. You may be required to agree to additional terms and conditions to access particular sections or functions of the App. We reserve the right, in our sole discretion and without consent or notice, to transfer, assign, sublicense or pledge the App or this Agreement, in whole or in part, to any person or entity. You may not assign, sublicense or otherwise transfer in any manner any of your rights or obligations under the Agreement. The section headings used in the Agreement are for convenience only.


We may at any time, without notice and for any reason in our sole discretion, modify or discontinue the App or terminate or restrict your access to the App.

October 25, 2016

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