Kwema designs products and tools that help you notify your loved ones or the community in case of emergency, empowering men and women to feel safer. These Terms of Service (“Terms”) govern your use of our personal safety products such as our electronic monitoring products, our websites, including www.kwema.co, the software embedded in Kwema devices, the Kwema software, the Kwema mobile applications, memberships and other Kwema services (collectively, the “Kwema Service”).
You must accept these Terms to create a Kwema account and to use the Kwema Service. If you do not have an account, you accept these Terms by visiting www.kwema.co or using any part of the Kwema Service. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT CREATE AN ACCOUNT, VISIT WWW.KWEMA.CO OR USE THE KWEMA SERVICE.
These Terms May Change
These Terms will change over time. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on www.Kwema.com. We will notify you by email, through the Kwema Service, or by presenting you with a new Terms of Service to accept if we make a modification that materially changes your rights. When you use the Kwema Service after a modification is posted, you are telling us that you accept the modified terms.
Who Can Use Kwema?
You may use the Kwema Service if you are over 13 years of age and are not barred from receiving services under applicable law. You may connect to the Kwema Service using a device that is manufactured, distributed, or sold by or on behalf of Kwema; the Kwema mobile applications; approved third-party applications; or www. Kwema.co (“Authorized Connections”). You may not connect to the Kwema Service with any device that is not manufactured, distributed, or sold by or on behalf of Kwema (such as a knock off or counterfeit version of a Kwema Product); otherwise intends to resemble or purports to be a Kwema Product; or any unauthorized application or-third party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Kwema Service. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact support@Kwema.co.
Creating an Account
Full use of the Kwema Service requires that you create an account by providing us with a valid email address and strong password. You are responsible for all activity that occurs in association with your account. Kwema is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.
We may need to contact you about your use of the Kwema Service. These communications are part of the Kwema Service and you may not opt-out from receiving them. You can manage and opt-out from receiving other communications and keep your email address up-to-date from your account settings.
Full use of the Kwema Service is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Kwema Service and it is your responsibility to ensure the equipment’s functionality.
What You Can Do On The Kwema Service
The Kwema Service is intended for your personal, non-commercial use.
Kwema grants you a limited, non-exclusive, non-transferable, non-sublicensable license to (1) access and view the Kwema Content, (2) access and use the software and mobile applications provided by the Kwema Service, and (3) use the software that is embedded into Kwema products as authorized in these Terms. This license is provided solely for your personal use and enjoyment of the Kwema Service as permitted in these Terms.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Kwema Content, Kwema Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Kwema or its licensors, except for the licenses and rights expressly granted in these Terms.
Things You Cannot Do On The Kwema Service
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Kwema Service: (1) use, display, mirror or frame the Kwema Service or any individual element within the Kwema Service, Kwema’sname, any Kwema trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Kwema’s express written consent; (2) access or tamper with nonpublic areas of the Kwema Service, Kwema’s computer systems, or the technical delivery systems of Kwema’s providers; (3) test the vulnerability of any Kwema system or breach any security or authentication measures; (4) circumvent any technological measure implemented by Kwema or any of Kwema’s providers or any other third party (including another user) to protect the Kwema Service or Kwema Content; (5) access the Kwema Service or Kwema Content through the use of any mechanism other than through the use of an Authorized Connection, Kwema Service or Kwema API; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that Kwema provides to you or any other part of the Kwema Service.
Our Enforcement Rights
We are not obligated to monitor access or use of the Kwema Service, Kwema Content, or Your Content or to review or edit any Kwema Content, but we have the right to do so for the purpose of operating the Kwema Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the Kwema Service, any Kwema Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Kwema Content, Your Content, or your use of the Kwema Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Kwema Service.
Use The Kwema Service At Your Own Risk
Our goal is to provide helpful and accurate information on the Kwema Service, but we make no endorsement, representation or warranty of any kind about any Kwema Content, information, services or recommendations. Kwema will not be liable if the GPS location given after the device activation was not accurate. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Kwema Service. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate or incomplete. If you rely on any Kwema Content or the Kwema Service, you do so solely at your own risk.
Consult Your Doctor Before Using The Kwema Service
If you have a medical or heart condition, consult your doctor before using the Kwema Device. If you experience a medical emergency, consult with a medical professional. We are not responsible for any health problems that may result while using Kwema Device.
Prolonged contact with wearable devices may contribute to skin irritation or allergies in some users. To reduce irritation, follow four simple wear and care tips: (1) Keep it clean; (2) keep it dry; (3) don’t wear it too tight, and (4) give your wrist a rest by removing the band for an hour after extended wear. For more information visit www.Kwema.co. If you notice any skin irritation, remove your device. If symptoms persist longer than 2-3 days after removing the device, consult your doctor.
Use Common Sense
Use of the Kwema Service should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany your Kwema product or service, including those located on our website.
Kwema respects copyright law and expects its users to do the same. It is Kwema’s policy to terminate in appropriate circumstances account holders who repeatedly infringe the rights of copyright holders. Please see Kwema’s DMCA/Copyright Policy.
Additional Policies Apply To Product Orders
Kwema’s Terms of Sale and Return Policy and Warranty apply to purchases made through the Kwema store at www.Kwema.co. All orders placed are subject to Kwema’s acceptance. We may accept, decline, or place limits on your order for any reason.
Feedback And Submissions Policy
If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Kwema, or obtained from sources other than you. Our Feedback and Submissions Policy is also part of the Terms.
Terms Specifically Related to Our Premium Kwema Membership
Additional terms and conditions apply to the Premium Kwema membership.
Contests And Giveaways
Additional terms and conditions may apply to contests, giveaways and other promotions sponsored by Kwema and its partners. It is your responsibility to carefully review those terms and conditions.
You Agree to Receive Alerts And Notifications
As part of your use of the Kwema Service, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
We Are Not Responsible For Third-Party Links On The Kwema Service
The Kwema Service contains links to third-party websites, apps, services and resources (collectively “Third-Party Services”) that are not under Kwema’s control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third-Party Services. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Services.
Kwema Does Not Control Third-Party Services That You Link With Your Kwema Account
Changes To The Kwema Service
Kwema may change or discontinue, temporarily or permanently, any feature or component of the Kwema Service at any time without notice. Kwema is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Kwema Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Kwema products without prior notice to you.
If you violate these Terms, we reserve the right to deactivate your account or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your account. You may cancel your account at any time by contacting Customer Support. Upon any termination, discontinuation or cancellation of the Kwema Service or your account, the following provisions of these Terms will survive: Posting Your Content On The Kwema Service; Kwema’s Rights; Our Enforcement Rights; Consult Your Doctor Before Using The Kwema Service; Termination; Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.
THE KWEMA SERVICE AND KWEMA CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, NOTIFICATION FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Kwema Service or Kwema Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Kwema Service or any Kwema Content. You acknowledge and agree that if you rely on any Kwema Content or the Kwema Service, you do so solely at your own risk.
You will indemnify and hold harmless Kwema and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the Kwema Service, (ii) Your Content, or (iii)your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Limitation Of Liability
NEITHER KWEMA, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE KWEMA SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE KWEMA SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KWEMA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL KWEMA’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE KWEMA SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO KWEMA FOR USE OF THE KWEMA SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO KWEMA, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KWEMA AND YOU.
You agree that any dispute between you and Kwema arising out of or relating to these Terms of Service, the Kwema Service, or any other Kwema products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law: The Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Kwema, you agree to try to resolve the Dispute informally by contacting support@Kwema.co. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Kwema may bring a formal proceeding.
We Both Agree To Arbitrate: You and Kwema agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
No Class Actions: You may only resolve Disputes with Kwema on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement.
Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Kwema agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Delaware. Both you and Kwema consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Kwema products or Kwema Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Kwema and you regarding the Kwema Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Kwema and you regarding the Kwema Service and Kwema Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Kwema’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Kwema may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Kwema under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Kwema Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Kwema’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Kwema. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Additional Terms May Apply
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.
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