Terms of Use

Please read these terms of use carefully before using any Notio Technologies, Inc. (“Notio”) websites, including, without limitation, any public or private user forums established and/or managed by Notio (collectively “Notio Sites”). These terms of use also apply to any and all Notio devices, applications (“Apps”) or similar Notio products or services (collectively, “Notio Offerings”).  By using any of the Notio Sites and/or any Notio Offerings, you are deemed to agree to these Terms of Use. If you do not agree to these Terms of Use, you may not use any of the Notio Sites or any of the Notio Offerings.

Please also note that additional terms might apply to some services or features offered on certain Notio Sites or contained within any Notio Offering. These terms are indicated in relation to the respective applicable services or features. Any such terms are applicable in addition to these Terms of Use; in the event of a conflict, they shall prevail over these Terms of Use.

Notio may modify these Terms of Use at any time, at Notio’s sole discretion, by publishing the update on Notio Sites.  Once displayed on Notio Sites, the modification of these Terms of Use shall be deemed to be immediately effective.

USE OF CONTENT

The content contained on Notio Sites (or in any Notio Offering), such as text, graphics, images, audio, video and other material, as well as the domain names, tagline, organization and user look-and-feel (collectively, the "Content"), is protected by copyright, trademark or other such laws in the countries in which you may utilize or see Notio Sites or Notio Offerings, and is owned or controlled by Notio or by third parties that have licensed their Content to Notio.  The use of the Content will be legal only if you use it according to the explicitly authorized or permitted usage by Notio; if not, it may violate Notio’s rights and applicable copyright law, trademark law, and other applicable laws.

You may download copies of the Content which exists on Notio Sites (or Notio Offerings, as applicable) to your computer and/or devices for your sole personal, non-commercial home use only; provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you do not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of Notio, and (c) you do not use the Content in a manner that suggests an association with any of our products, services or brands.

If you download the software, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") from Notio Sites (or Notio Offerings, as applicable), these shall be licensed to you by Notio or third-party licensors for your personal, non-commercial and home use only. This shall not transfer to you the title of such Software. You may not distribute or otherwise exploit the Software or decompile, reverse engineer or disassemble.

If you are under 18 years old, you shall not use any Content on Notio Sites or in any Notio Offering without explicitly expressed permission of your parents or legal guardians.

UNLESS OTHERWISE SPECIFICALLY AND EXPLICITLY STATED, Notio HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS OR IMPLIED.

Notio SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM INACCURACY, ERROR IN OR FAILURE OF THE SOFTWARE.

PUBLIC OR PRIVATE FORUMS AND COMMUNICATION

"Forum" means an area, site or feature offered as part of any Notio Sites (or in any Notio Offering as applicable) or third-party sites established by Notio that offers the opportunity for users to submit content ("User Submissions") for viewing by other users, including without limitation a message board, forum, social community environment, conversation page, or blog.

You acknowledge that Forums and features offered therein are for public communications or communications that will be viewed by multiple parties, and you have no expectation of privacy with regard to any User Submission to a Forum.  We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures voluntarily and at your own risk. You may be held legally responsible for damages suffered by other users. Notio is not legally responsible for any User Submissions, even if a User Submission is defamatory or otherwise legally actionable.

You are solely responsible for the User Submissions you distribute on or through any Notio Sites (or any Notio Offering, as applicable) in any Forum and for the consequences of submitting and posting. We have no duty to monitor any Forum. You will be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from a User Submission.  By submitting material to any Notio Sites (or any Notio Offering, as applicable), you automatically grant, or warrant that the owner of such material has expressly granted Notio the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright or other rights that may exist in such material.  You also permit any other user to access, view, store or reproduce the material for that user's personal use.

You grant Notio the right to delete, remove, edit, modify, copy, publish and distribute any material you make available on any Notio Sites (or any Notio Offering, as applicable).  We reserve any rights, but disclaim any obligation or responsibility, to refuse to post or communicate or remove any User Submission from any Notio Sites (or any Notio Offering, as applicable) that violates or seems to violate at Notio’s discretion these Terms of Use.

You acknowledge that your use or reliance upon any User Submission posted in any Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice, or recommendations posted or sent by users in any Forum and we specifically disclaim any and all liability in connection therewith.  We do not confirm nor verify the qualifications, background, or abilities of users or the information they post in any Forum.

You agree that you will not submit on any Notio Sites (or any Notio Offering, as applicable) any User Submission that is,

  • infringes or violates any right of a third party;
  • hateful or racially offensive;
  • illegal or encouraging illegal activity or making the discussion of illegal activities with the intent to commit them;
  • defamatory, abusing, harassing, threatening, or an invasion of a right of privacy of another person;
  • violent, vulgar, obscene, pornographic or otherwise sexually explicit;
  • an attempt to engage in child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
  • commercial, business-related or advertises or offers to sell any products, services or otherwise or solicits others;
  • contains a virus or other harmful component, or otherwise tampers with, impairs or damages Notio Sites (or any Notio Offering, as applicable) or any connected network, or otherwise interferes with any person or entity's use or enjoyment of Notio Sites (or Notio Offering, as applicable); or is false or misleading.

ACCOUNTS

Some services on Notio Sites or Notio Offerings require you to create an account to participate in additional services. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data").

You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph.

If you find any unauthorized use of your username, password, other account information, or any other breach of security, please notify us promptly.

We may suspend, terminate or remove your account and your ability to use any Notio Sites or any Notio Offering in case that you fail to comply with these Terms of Use or the terms in relation with a particular service.

PAID SERVICES; SUBSCRIPTIONS; REFUNDS

Some Notio Offerings require recurring payments or subscriptions for services offered by Notio (“Paid Services”).  You agree to be bound by Notio’s payment terms, as detailed when you sign up for a Paid Service. The price charged for a Paid Service will be the price in effect at the time the Paid Service is provided.  We will provide our users with at least 30 days prior notice in the event of a price increase. All prices are subject to change at our sole discretion.

By selecting a Paid Service, you agree to pay Notio the subscription fee or other fee indicated for the Paid Service when due.  Payments will be charged on the day you sign up for a Paid Service and will be billed on a recurring basis as indicated. If you select a Paid Service, you agree to our refund policy as detailed when you sign up for a Paid Service.

THIRD-PARTY PAYMENT PROCESSORS

Notio may facilitate payments for Paid Services by using third-party payment processors.  By using such a third-party payment processor, you may also be subject to an agreement with the third-party and shall be subject to, and be solely responsible for paying, any fees charged by such third-party payment processor.  In no event shall Notio be liable for any actions by, or fees charged by, any third-party payment processor.

NOTIO'S LIABILITY

Notio makes no representations or warranties about the accuracy or reliability of the Content or about the results to be obtained from using the Notio Sites, any Notio Offering or the Content. Any use of the Notio Sites, any Notio Offering or the Content is at your own risk.  

Any changes are or may be made from time to time on the Notio Sites or in any Notio Offering at Notio’s sole discretion. Some Content on the Notio Sites or a Notio Offering may be provided by third parties and Notio will not be held responsible for any such Content provided by third parties.

Notio DOES NOT WARRANT THAT THE Notio SITES OR ANY Notio OFFERING ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL SOFTWARE.  IF YOUR USE OF THE Notio SITES, Notio OFFERING OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, Notio WILL NOT BE RESPONSIBLE FOR ANY OF THOSE COSTS.

THE Notio SITES, Notio OFFERINGS AND CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. Notio DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.

DISCLAIMER OF CERTAIN DAMAGES

Your use of the Notio Sites and/or a Notio Offering is at your own risk. If you are dissatisfied with any of the Content or other contents of the Notio Sites, any Notio Offering or with these Terms and Conditions, your sole remedy is to discontinue use of the Notio Sites or the Notio Offering.

Notio OR ANY THIRD PARTIES MENTIONED AT THE Notio SITES OR IN A Notio OFFERING SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE Notio SITES, ANY Notio OFFERING OR THE CONTENT.

LINKS TO OTHER SITES

Notio Sites (or the Notio Offerings, as applicable) may contain links to third-party Web sites that are maintained by others.  Notio is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party Web sites or the privacy practices of such third parties.  If you decide to access linked third-party Web sites, it shall be also at your own risk.

THIRD-PARTY APPLICATIONS

You might have an opportunity to download applications that were developed by third-parties on Notio Sites or Notio Offerings.  Notio is not responsible for and makes no representations or warranties regarding the content or functionality of these third-party applications or the privacy practices of such third parties.  If you decide to download and use any of these third-party applications, then you do so at your own risk.

INDEMNITY

You agree to defend, indemnify, and hold harmless Notio, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of these Terms of Use.

EXPORT CONTROL

Japan, the United States or certain other countries have rules and regulations regarding the export of products and information. You agree to comply with such rules and regulations and not to export or re-export the Content to countries or persons prohibited under these rules and regulations. By downloading the Content, you represent that you are not in a country where such export is prohibited by such countries.  You are also responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Content.

COPYRIGHT POLICY

Notio respects the intellectual property rights of others. Notio, at its discretion, may terminate your accounts if you infringe the copyrights of Notio or third parties.

To submit a copyright infringement notification to Notio, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the below-specified Copyright Agent with the following information in writing:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications.

Our Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:

By Email: info@notiotechnologies.com 

By Mail:
Notio Technologies Inc.
6833, Ave de L’Épée  suite 208
Montréal, Quebec, H3N 2C7

 

 

 

WARNINGS ON USE WHILE BICYCLING

Operation of the device while bicycling or similar use may cause an accident. Please be sure to operate Notio’s devices in accordance with road regulations and applicable laws. Do not use or manipulate the device without stopping your bicycle or similar vehicle.

Measurements of body movements or physical condition using motion sensors or third-party sensors, and evaluation methods by using measured values, are provided on a best effort basis and do not necessarily guarantee the correctness of measurements or similar outputs.

While exercising, please always be sure to not rely only on the measured value of the sensor and pay attention to your own body condition at all times; if you should feel something out of the ordinary, you should stop using the device immediately and obtain medical assistance.

Please always be aware of your surroundings and the environment, and the inherent risks of the relevant activity before embarking on or off-road activities, especially the impact that weather, road and trail conditions may have on the safety of your activity. Ensure that you have the proper gear and supplies for your activity before navigating along unfamiliar roads, paths and trails.

BATTERY WARNINGS

Pay special attention to the battery pack. A lithium-ion battery may be used in the device. Coin cell batteries may be used in the accessories. If these guidelines are not followed, batteries may experience a shortened life span or may present a risk of damage to the device, fire, chemical burn, electrolyte leak or injury.

Do not carry the battery pack without installing it in the device.

Do not leave the device exposed to a heat source or in a high-temperature location, such as in the sun in an unattended vehicle. To prevent the possibility of damage, remove the device from the vehicle or store it out of direct sunlight, such as in the glove box.

Do not disassemble, modify, remanufacture, puncture or damage the device or batteries.

Do not use a sharp object to remove the removable batteries.

KEEP BATTERIES AWAY FROM CHILDREN.

DO NOT PUT BATTERIES IN MOUTH. Swallowing can lead to chemical burns, perforation of soft tissue, and death. Severe burns can occur within 2 hours of ingestion. Seek medical attention immediately.

Replaceable coin cell batteries may contain perchlorate material. Special handling may apply. See www.dtsc.ca.gov/hazardouswaste/perchlorate

Do not use goods or accessories that are not recommended or specified by Notio. If you use anything other than those specified or recommended by Notio, such use may cause leakage, overheating, explosion, ignition, or overheating, ignition, or malfunction of the battery pack. If using an external battery charger, only use the Notio accessory approved for your product.

Only replace batteries with correct replacement batteries. Using other batteries causes a risk of fire or explosion.

Do not drop the charging terminal. Be careful when handling the charging cable during charging, or charging in an unstable place. Stop charging immediately if there are abnormalities such as unusual odour, heat generation, discoloration or deformation. Using the charging terminal in an abnormal state may cause a fire or electric shock.

Do not use or leave the device in places where it becomes hot; it may cause deformation, breakdown of equipment, liquid leakage, overheating, fire, or explosion of the battery pack. Do not operate the device outside of the temperature ranges specified in the printed manual in the product packaging. It may also cause burns.

Do not use the device in the places as indicated below.

  • Near fire
  • Near heating equipment
  • Exposed to direct sunlight
  • Inside a car under direct sunlight
  • Inside an electric blanket
  • Bath, shower room or the sauna
  • In the water, ice or snow

When storing the device for an extended time period, store within the temperature ranges specified in the printed manual in the product packaging.

Do not remove or attempt to remove the non-user-replaceable battery.

Contact your local waste disposal department to dispose of the device or batteries in accordance with applicable local laws and regulations.

When you notice any unusual odour, fever, discoloration or deformation, remove the battery pack immediately. If it is used in an abnormal state, it may cause leakage, overheating, explosion or ignition of the battery pack.

 

NOTIO SOFTWARE LICENSE AGREEMENT

BY USING THE DEVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE FOLLOWING SOFTWARE LICENSE AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY.

Notio, Inc. ("Notio") grants you a limited license to use the software embedded in this device (the "Software") in a binary executable form in the normal operation of the product. Title, ownership rights, and intellectual property rights in and to the Software remain in Notio or its third-party providers.

You acknowledge that the Software is the property of Notio or its third-party providers and is protected under Japanese and other applicable copyright laws and international copyright treaties. You further acknowledge that the structure, organization, and code of the Software, for which source code is not provided, are valuable trade secrets of Notio or its third-party providers and that the Software in source code form remains a valuable trade secret of Notio or its third-party providers. You agree not to decompile, disassemble, modify, reverse assemble, reverse engineer, or reduce to human readable form the Software or any part thereof or create any derivative works based on the Software. You agree not to export or re-export the Software to any country in violation of the export control laws of the United States of America or the export control laws of any other applicable country.

2019 © Notio, Inc. All Rights Reserved.