Welcome to LutiBand! The LutiBand is a communications and location service and device for children and adults to help parents/guardians/caretakers connect with, monitor, track and locate children and adults.
YOUR ACCESS AND USE OF THE LutiBand IS SUBJECT TO (1) THESE TERMS OF SERVICE, (2) YOUR AGREEMENTS WITH THIRD PARTIES, SUCH AS WIRELESS CARRIER, App STORE/PLATFORM OR DEVICE PROVIDER AND (3) ALL APPLICABLE LAWS, RULES AND REGULATIONS. YOU MUST BE AT LEAST 18 YEARS OF AGE, OR THE AGE OF MAJORITY IN YOUR PLACE OF RESIDENCE, WHICHEVER IS GREATER, TO USE THE LutiBand. BY ACCESSING OR USING ANY PART OF THE LutiBand, YOU ACKNOWLEDGE THAT YOU ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU MAY NOT USE ANY PORTION OF THE LutiBand.
LutiBand Overview: The website, online service and Application (the “LutiBand Mobile App”) and the mobile device (the “LutiBand Device”, collectively the “LutiBand”) are provided by LutiBand, Inc. (“LutiBand”). The LutiBand Device can be configured, monitored and contacted through the LutiBand Mobile App. Please read the User Manual at https://www.LutiBand.com/welcome for more information. You may not resell use of, or access to, the LutiBand to any third party. You may not use the LutiBand for any commercial purpose without the prior written consent of LutiBand.
Cellular Provider: The LutiBand Device will only operate if you have obtained a service plan from your cellular provider. The terms of service are between you and your cellular provider. LutiBand is not a party to such agreement and does not control the actions of your cellular provider. In no event shall LutiBand be liable for the acts or omissions of your cellular provider or the operation of services from them and you hereby release and discharge LutiBand from any such liability.
Location Device / Emergency: The LutiBand is intended for use as a location device. However, the LutiBand is not a failsafe security system. Therefore, proper safety precautions should always be used, despite the use of the LutiBand.
Emergency services Compatible: The LutiBand Device is compatible with emergency services, please make your children call emergency services under the right guidance.
Not Compatible with Accessibility Features: The LutiBand Device is not compatible with telecommunications accessibility features or services such as TTY, audio prompts or similar features.
Limited Warranty for the Device: The LutiBand Device provides a limited warranty found at https://lutiband.com/warranty/. LutiBand provides no warranty regarding the wireless service provided by your cellular provider or the LutiBand Mobile Mobile App.
LutiBand Mobile Mobile App License: In order to use the LutiBand, you will need to download and install the LutiBand Mobile Mobile App. LutiBand hereby grants you a non-exclusive, non- transferable, revocable, limited license to use the LutiBand Mobile Mobile App solely on devices that you own or manage. You represent and warrant to us that you have the right to install and operate the LutiBand Mobile App on such devices you are using. You may not remove, obscure, modify or disable any proprietary notices from LutiBand on any part of the LutiBand Service. You may not transfer this license to another party unless that party affirmatively accepts these Terms of Service. You may not use the LutiBand for any purpose that is illegal or potentially harmful to another party, including
Uninstall LutiBand Mobile App: You may uninstall the LutiBand Mobile App at any time by deleting it from your device in the same manner that you delete similar Apps.
LutiBand Mobile App Updates: LutiBand may change, update or otherwise modify the LutiBand Mobile App or the software on the LutiBand Device at any time. If we do so, you may have to download a patch or new version in order to continue using the LutiBand. In addition, you agree that we may, without providing additional notice to you, automatically install updates to the LutiBand Mobile App or the LutiBand Device.
Registration and Passwords: In order to use the LutiBand, you must register and install the LutiBand Mobile App. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. All email accounts must belong to you and not any other person. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under your user name. If you suspect any unauthorized use of your user name, you should change your password.
Accessories: The purchase of accessories for the LutiBand Device may be subject to addition Terms of Service.
Termination of Access: In addition to any right or remedy that may be available to us under these Terms of Service or Applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the LutiBand, at any time with or without notice in the event (1) you have breached these Terms of Service, (2) such action is necessary to prevent harm to any party or liability to LutiBand or (3) your cellular provider no longer providing you with wireless airtime for the LutiBand Device.
Proprietary Rights: We are the exclusive owner or authorized licensors of the LutiBand, including all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained therein. Without limiting the foregoing, you acknowledge that the LutiBand is the exclusive property of LutiBand, and that you will not take any act inconsistent with our ownership rights or that would damage our ownership rights. No part of the LutiBand may be reverse engineered, decompiled or modified, nor may derivative works be created based on the LutiBand, without the prior written consent of LutiBand. All rights not granted under these Terms of Service are reserved by LutiBand.
Disclaimer of Additional Warranties: EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE SECTION ENTITLED “LIMITED WARRANTY FOR THE DEVICE”, ALL PARTS OF THE LutiBand ARE PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AND WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT
LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LutiBand OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE LutiBand SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES.
LutiBand DISCLAIMS ALL LIABILITY FOR, OR WARRANTIES FROM, THIRD PARTY SERVICES OR PRODUCTS USED IN CONNECTION WITH THE LutiBand, SUCH AS WIRELESS CARRIER, App STORE/PLATFORM PROVIDER OR DEVICE MANUFACTURER.
IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states prohibit the limitation of warranties as set forth herein. If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for all liabilities, shall not exceed the greater of (1) the amount paid by you to purchase the LutiBand Device from an authorized reseller or (2) one hundred dollars ($100).
Your sole remedies, and LutiBand sole obligations, are as set forth under the section entitled “Limited Warranty”, for you to stop using the LutiBand or the dollar limitation set forth
Changes: We may change, suspend or terminate the LutiBand at any time without notice. In addition, these LutiBand Device Terms of Service may be changed at any time without prior notice. We will make such changes by posting them on the LutiBand site located at https://lutiband.com/terms_of_service/ otherwise informing you of such changes. You should check for such changes frequently. Your continued access of the LutiBand after such changes conclusively demonstrates your acceptance of those changes.
Indemnification: You agree to indemnify, defend and hold us and our representatives and agents harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorney fees and costs, arising from, or related to (1) any breach by you of these Terms of Service, (2) your use of the LutiBand or (3) a violation by you of any applicable law, agreement or obligation to a third party.
Governing Law: The laws of the State of Florida shall govern these Terms of Service and, subject to the arbitration section below, YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN FLORIDA FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR ACCESS OR USE OF THE LutiBand. Notwithstanding the arbitration section below, LutiBand may seek an injunction in a court of competent jurisdiction to the extent necessary to prevent any harm to any party or liability to LutiBand.
Arbitration: You hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning, or arising out of these Terms of Service or the LutiBand. The arbitration will be conducted before a single arbitrator and will be held at the AAA location in Florida. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, LutiBand will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and us alone. Claims may not be joined on consolidated unless agreed to in a writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate a litigation or any other proceeding against LutiBand in violation of this paragraph, you agree to pay LutiBand reasonable costs and attorneys’ fees incurred in connection with its enforcement of this paragraph.
Severability: If any part of these Terms of Service shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Service.
Waiver; Remedies: The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Service by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Service. Our rights and remedies under these Terms of Service shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
Export: You may not use or otherwise export or re-export the LutiBand except as authorized by United States law and the laws of the jurisdiction in which the LutiBand was obtained. In particular, but without limitation, the LutiBand Service may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the LutiBand, you represent and warrant that you are not located in any such country or on any such list.
FCC: The LutiBand Device complies with part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) The LutiBand Device may not cause harmful interference, and (2) This device must accept any interference received, including interference that may cause undesired operation. This equipment complies with FCC RF radiation exposure limits set forth for an uncontrolled environment. For body-worn operation and use near the head, the LutiBand Device has been tested and meets the FCC RF exposure guidelines when used with the wrist strap supplied with this product. Use of other accessories may not ensure compliance with FCC RF exposure guidelines. The maximum SAR value reported for body worn operation is 1.15 W/kg. The maximum SAR value reported against the head is 0.23 W/kg.
Third Parties: Platform providers, wireless providers, Apple®, Google® and other third-party carriers, platform or software providers and device manufacturers (“Platform Providers”) are not parties to these Terms of Service. Except as otherwise agreed in writing between you and the Applicable Platform Provider, Platform Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the LutiBand. To the maximum extent permitted by applicable law, Platform Providers will have no other warranty obligation whatsoever with respect to the LutiBand. Except as otherwise agreed in writing between you and the Applicable Platform Provider, You acknowledge that Platform Providers are not responsible for addressing any claims relating to the LutiBand or your possession and/or use of the LutiBand, including but not limited to: (i) product liability claims; (ii) any claim that the LutiBand fails to conform to any Applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. We, not the Platform Providers, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim by the LutiBand Device. Platform Providers are third party beneficiaries of these Terms of Service, and Platform Providers will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary thereof. You represent that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.
Contact Information: Should you have any questions regarding these Terms of Service, to report a violation of these Terms of Service or abuse of the LutiBand, to receive help in uninstalling the LutiBand Mobile App or for any other matter, you may contact us at: support@LutiBand.com