Privacy Policy
Terms of Service
AWEAR Technologies Inc. – Terms of Service
Effective Date: January 28, 2026
Last Updated: January 28, 2026
Please read these Terms of Service ("Terms") and our Privacy Policy carefully, because they govern your use of the website located at https://awear.us, our mobile applications, wearable devices, and all related analytics, cloud services, and content (collectively, the "Services").
You may review our full Privacy Policy at: https://awear.us/privacy
AWEAR Technologies Inc. ("AWEAR," "we," "our," or "us") provides consumer wellness devices and software designed to help users understand patterns in calm, focus, and other states for general wellness purposes only. AWEAR does not provide medical care, diagnosis, treatment, or clinical decision-making.
1. Acceptance of Terms
By accessing or using the Services, creating an account, or using an AWEAR device, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Services.
You must be at least 18 years old to use AWEAR Services.
2. Privacy Policy & Biometric and Neural Data Consent
2.1 Privacy Policy
Please review our Privacy Policy (https://awear.us/privacy) for comprehensive information on how we collect, use, store, and share data, including EEG data, biometric information, and derived features.
2.2 Biometric Information Consent
IMPORTANT: AWEAR collects biometric and neural data (EEG brainwave data) to provide wellness insights.
By creating an account and using AWEAR devices, you explicitly consent to:
● Collection of electroencephalography (EEG) brainwave patterns
● Processing and storage of your biometric information
● Use of biometric data as described in our Privacy Policy
● Retention of biometric data while your account is active
Your biometric and neural data will be:
● Encrypted and securely stored
● Never sold or used for advertising
● Automatically deleted if your account is inactive for 3 years
● Permanently deleted within 90 days of account deletion
Withdrawal of consent: You may withdraw consent at any time by deleting your account. See Section 16 for account deletion procedures.
State-specific notices: Residents of Illinois, Texas, Washington, and other states with biometric privacy laws should review our state-specific biometric notices at https://awear.us/privacy
3. Scope of Services & Wellness Purpose
AWEAR provides consumer wellness technology. The AWEAR Products and Services:
✓ _ARE intended for general well-being and informational purposes
✓ _ARE designed to help you understand patterns of calm, focus, and engagement
✓ _ARE consumer wellness devices
✗ _ARE NOT medical devices
✗ _ARE NOT intended to diagnose, treat, mitigate, cure, or prevent disease
✗ _HAVE NOT been evaluated by the FDA or any medical regulatory authority
✗ _MUST NOT be used as a substitute for professional medical advice, diagnosis, or treatment
Wellness vs. Medical Distinction: Our "calm" and "focus" metrics are designed for personal wellness insights, not clinical diagnosis. While these metrics may correlate with mental states, AWEAR does not claim to diagnose conditions such as depression, anxiety, ADHD, or other mental or physical health disorders.
Neural data collected through the AWEAR device consists of probabilistic estimates that may be inaccurate or misinterpreted. These signals do not represent your thoughts, emotions, or intentions with clinical precision. You acknowledge that inferred mental states are approximate and should not be relied on to make personal, medical, psychological, financial, or safety-related decisions.
If you have medical concerns, please consult a qualified healthcare professional.
4. Regulatory Status & Security Practices
4.1 HIPAA Status
AWEAR is not a "Covered Entity" or "Business Associate" under the U.S. Health Insurance Portability and Accountability Act ("HIPAA") because:
● We do not provide medical diagnosis, treatment, or healthcare services
● We do not process protected health information (PHI) on behalf of healthcare providers
● Our products are wellness devices, not medical devices
● We do not bill health plans or engage in healthcare operations
We do not and cannot claim HIPAA certification or compliance.
4.2 Security Safeguards
However, because we handle sensitive biometric and neurological data, AWEAR voluntarily implements comprehensive security safeguards, including:
Technical Safeguards:
● Encryption in transit (TLS 1.3) and at rest (AES-256)
● Strict access controls with multi-factor authentication
● Audit logging and monitoring (24/7)
● Regular vulnerability assessments
● Secure cloud infrastructure
Administrative Safeguards:
● Employee security training
● Confidentiality agreements
● Incident response protocols
● Vendor security assessments
● Data minimization practices
Physical Safeguards:
● Secure data centers with redundancy
● Access restrictions to server facilities
4.3 Emerging Standards
AWEAR commits to following emerging standards for neural data privacy, as well as relevant U.S. federal and state biometric and neural data regulations, including but not limited to:
● Illinois Biometric Information Privacy Act (BIPA)
● Texas Capture or Use of Biometric Identifier Act (CUBI)
● Washington biometric privacy laws
● California Consumer Privacy Act (CCPA/CPRA)
● General Data Protection Regulation (GDPR) for EU users
“Neural data” means information generated by measuring the activity of your central or peripheral nervous system, and that is not inferred from non-neural information. This includes raw EEG signals, processed brainwave patterns, and derived metrics.
5. Account Creation, Security, and Responsibilities
5.1 Account Requirements
You must create an account to use certain Services. By creating an account, you represent and warrant that:
● You are at least 18 years of age
● You will provide accurate and complete information
● You will maintain the confidentiality of your login credentials
● You will promptly update any changed information
● You will immediately notify AWEAR of any unauthorized access
5.2 Your Responsibilities
You are responsible for:
● All activity on your account
● Maintaining password security
● Restricting access to your device
● Logging out after use
● Notifying us immediately of any security breach
5.3 Security Breach Notification
If AWEAR detects unauthorized access to your account or a security breach affecting your data, we will notify you:
● Within 72 hours of becoming aware of the breach
● Via email to your registered address
● Through prominent notice in the app
● As required by applicable federal and state laws
We will provide information about:
● The nature of the breach
● Types of data affected
● Steps we're taking
● Steps you should take
6. Data Ownership, Neural Data, and Intellectual Property Rights
6.1 Your Data Ownership
You retain ownership of:
● Raw EEG recordings collected from you
● Your personal information
● Your biometric data
● All personally identifiable information (PII)
You have the right to access, export, correct, and delete your data as detailed in our Privacy Policy and Section 16 below.
6.2 AWEAR's Intellectual Property
AWEAR owns all:
● Models, algorithms, software, and analytics
● Derived metrics (e.g., calm/focus scores, engagement indicators)
● De-identified datasets created for research
● Intellectual property associated with Products and Services
● Trademarks, trade names, and branding
● Patents, copyrights, and trade secrets
6.3 License to Use Services
Subject to these Terms, AWEAR grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for personal, non-commercial purposes.
6.4 De-identified Data
While you own your raw data, AWEAR may create de-identified, aggregated datasets that cannot be linked back to you. These de-identified datasets may be used for:
● Internal research and product development
● External academic research partnerships
● Industry research contributions
De-identified data is not considered personal data and is not subject to deletion requests, provided it cannot be re-identified.
6.5 Neural Data Privacy Principles
AWEAR adheres to principles of:
● User autonomy and control over neural data
● Transparency in data collection and use
● Minimal data collection (only what's necessary)
● Strong user rights (access, deletion, export)
● Limits on inference and secondary use
● Prohibition on sale of neural data
6.6 Prohibited Uses of Neural Data
AWEAR strictly prohibits employers, insurance companies, educational institutions, or any other third parties from requesting, accessing, or using your neural data for employment decisions, insurance determinations, eligibility assessments, academic evaluations, or any form of surveillance.
6.7 Government, Law Enforcement, and Subpoena Restrictions
AWEAR does not voluntarily disclose neural or biometric data to governmental or law enforcement entities. Such data will only be disclosed in response to a valid, narrowly tailored court order or warrant, and AWEAR will challenge overbroad or unlawful requests to the fullest extent permitted by law.
6.8 Limitations on Neural Inferences
Neural data may be processed to generate wellness-related indicators such as stress, arousal, or focus. These inferences are not psychological diagnoses, mental health assessments, or clinical evaluations. AWEAR does not allow third parties to use inferred neural states for any form of decision‑making about you.
6.9 No Sale of Neural or Biometric Data
AWEAR does not sell, rent, trade, or monetize neural data, biometric identifiers, or biometric information under any circumstances.
7. Data Sharing with Research Partners ("FOR RESEARCH USE ONLY")
7.1 Research Partnerships
AWEAR may partner with research institutions (including but not limited to academic or wellness research organizations) to advance understanding of human wellness and neuroscience.
7.2 Your Consent Required
Research data sharing is optional. You must explicitly opt-in to participate in research studies. Opting out does not affect your use of core AWEAR features.
7.3 Research Data Protection
Whenever AWEAR shares data with research partners:
Mandatory Requirements:
● All datasets will be fully de-identified (no names, emails, account IDs, or other identifying information)
● All shared documentation, emails, and files will prominently state: "FOR RESEARCH USE ONLY"
● Research partners must execute Data Use Agreements (DUAs) that:
○ Prohibit attempts to re-identify individuals
○ Restrict use to non-commercial academic research
○ Require appropriate security measures
○ Limit data retention periods
○ Require data destruction after study completion
Your Rights:
● You may opt out of research at any time
● Future data will not be shared after opt-out
● Previously shared de-identified data cannot be retrieved once anonymized and shared
● You will be informed of research partners and study purposes before consent
Ideal Practice:
●
Research studies involving external partners that use identifiable or potentially re-identifiable data will undergo Institutional Review Board (IRB) or equivalent ethics committee review before data is shared. For studies using fully de-identified data that cannot reasonably be re-identified, AWEAR will conduct an internal ethics review to assess risks and ensure the research aligns with our data protection principles.
8. Third-Party Services, Integrations, and App Stores
8.1 HealthKit and Google Fit
If you choose to connect AWEAR to Apple HealthKit or Google Fit:
What we access: Only the specific data types you explicitly authorize (e.g., sleep data, activity, heart rate)
What we do with it:
● Correlate with your wellness patterns
● Provide enhanced insights
● Improve our algorithms
What we DON'T do:
● ✗ _Sell HealthKit or Google Fit data
● ✗ _Use it for advertising or marketing
● ✗ _Share it with third parties (except de-identified for research if you consent)
● ✗ _Disclose it for data brokerage
Your control:
● You control HealthKit/Fit permissions through your device settings
● You can disconnect at any time
● Disconnecting doesn't affect core AWEAR
Governing terms: Use of these platforms is also subject to Apple's HealthKit Terms and Google Fit Terms of Service.
8.2 App Store Terms
If you download our app through Apple App Store or Google Play Store, your use is also subject to:
● Apple Media Services Terms and Conditions
● Google Play Terms of Service
8.3 Cloud Providers
AWEAR uses third-party cloud infrastructure providers to store and process data. We are responsible for:
● Contractually requiring security and confidentiality
● Conducting vendor security assessments
● Ensuring vendors meet our data protection standards
● Limiting vendor access to only what's necessary
8.4 Third-Party Links
Our Services may contain links to third-party websites or services. We are not responsible for:
● Privacy practices of third parties
● Content on third-party sites
● Data collection by third parties
We recommend reviewing the privacy policies of any third-party services you access.
9. E-Commerce: Deposits, Payments, Shipping, Returns
9.1 Sales Channels and Payments
AWEAR Products may be purchased through our own website, through third-party e-commerce platforms (such as Shopify), or through other authorized sales channels.
Regardless of where you purchase, these Terms apply to your purchase and use of AWEAR Products and Services.
When you purchase through a third-party e-commerce platform, your transaction is also subject to that platform's terms of service and privacy policy. For example, purchases made through a Shopify-powered storefront are additionally subject to Shopify's Terms of Service (https://www.shopify.com/legal/terms) and Shopify's Privacy Policy (https://www.shopify.com/legal/privacy).
The Services may allow you to pay a deposit ("Deposit Fee") and later make full payment ("Full Payment") toward a Product. All payments are processed through third-party payment processors. We may use one or more payment processors depending on the sales channel, including but not limited to Stripe and Shopify Payments. Your payment information is subject to the applicable processor's terms and privacy policy. AWEAR does not store your payment card details.
9.2 Taxes and Duties
Product prices displayed on our sales channels may or may not include applicable taxes. Sales tax, value-added tax (VAT), goods and services tax (GST), customs duties, import fees, and any other taxes or governmental charges applicable to your purchase will be calculated and displayed at checkout where possible. You are responsible for all taxes and duties imposed in connection with your purchase, including any customs duties or import taxes for international shipments. Tax amounts are determined based on the shipping address you provide and applicable law. AWEAR collects and remits taxes as required by law in jurisdictions where we have a tax collection obligation. For jurisdictions where we do not collect taxes, you may be responsible for self-reporting and paying applicable use taxes.
9.3 Refunds & Cancellations
Deposit Fee:
● Fully refundable at any time before Full Payment
● Refund processed within 5-10 business days
Full Payment:
● Refundable within 5 calendar days of payment
● After 5 days, the purchase is final (subject to 15-day return policy below)
Platform-Specific Refund Processing. If your purchase was made through a third-party e-commerce platform (such as Shopify), refunds will be processed through that platform's payment system. Refund processing times may vary depending on the platform, your payment method, and your financial institution. AWEAR will initiate the refund within the timeframes stated above, but the time for funds to appear in your account is determined by your payment provider. If you experience a delay beyond the stated timeframes, please contact us and we will work with the platform to resolve the issue. Please contact AWEAR directly for all refund requests rather than filing a chargeback or platform dispute, as this allows us to resolve the matter faster. If you purchased through a platform that has its own buyer protection or dispute resolution process, that process may also apply.
9.4 Shipping & Risk of Loss
● Shipping dates are estimates and not guaranteed
● Risk of loss transfers to you when the Product is provided to the shipping carrier
● You are responsible for providing accurate shipping information
9.5 15-Day Returns
You may return a Product within fifteen (15) calendar days of delivery if:
The Product is in its original condition with all original packaging, accessories, and documentation
The Product has not been physically damaged, altered, or modified
You contact customer support to initiate the return before the 15-day period expires
For residents of the European Economic Area (EEA) or United Kingdom: You have the right to withdraw from your purchase within fourteen (14) calendar days of receiving the Product without giving any reason, in accordance with the Consumer Rights Directive (2011/83/EU) or equivalent UK law. This right of withdrawal is in addition to, and does not limit, the 15-day return policy above. To exercise your right of withdrawal, you must inform us of your decision by a clear statement (e.g., email to contact@awear.us) before the withdrawal period expires.
Return process:
Contact us as set forth in the "Contact Us" section below within 15 days of delivery (or 14 days for EEA/UK withdrawal rights)
Receive a return merchandise authorization (RMA) number and shipping instructions
Ship the Product back within 14 days of receiving the RMA
Refund processed within 10 business days of our receipt and inspection of the returned Product
Refunds will be issued to the original payment method used for the purchase
Costs:
● Original shipping costs are non-refundable
● You are responsible for return shipping costs (unless product is defective)
9.6 Defective Products
If your product is defective:
● Contact us as set forth in the “Contact Us” section below
● We'll provide a free replacement or full refund
● Return shipping covered by AWEAR
10. Subscription Terms
If AWEAR offers subscription features or premium services:
10.1 Auto-Renewal
● Subscriptions automatically renew unless canceled
● Renewal terms and pricing disclosed in-app before purchase
● You'll be charged at the beginning of each billing cycle
10.2 Cancellation
● You may cancel at any time through:
○ Your account settings (Settings > Subscription)
○ App Store/Google Play Store subscription management
○ Contact us as set forth in the “Contact Us” section below
● Cancellation takes effect at the end of the current billing period
● No refunds for partial subscription periods
10.3 Price Changes
● We may change subscription prices with 30 days' notice
● Price changes apply to renewal periods, not current periods
● You may cancel before the price change takes effect
10.4 Platform Fees
● If purchased through Apple or Google, refunds follow their platform rules
● AWEAR cannot process refunds for platform-purchased subscriptions
11. Safety, Contraindications, and Warnings
11.1 Not a Medical Device
IMPORTANT: AWEAR is a consumer wellness device, NOT a medical device. Our products have not been evaluated by the FDA. AWEAR does not diagnose, treat, or prevent any disease or medical condition. Always consult a healthcare provider for medical concerns.
11.2 Contraindications
Consult a physician before use if you have:
● Epilepsy or seizure disorders
● Implanted medical devices (pacemakers, neurostimulators, cochlear implants)
● Any condition affected by electrical activity
● Severe mental health conditions
● Active neurological disorders
● Skin conditions or sensitivities on the scalp/forehead
11.3 Stop Use If You Experience
Discontinue use immediately and consult a physician if you experience:
● Dizziness or lightheadedness
● Headaches or migraines
● Discomfort or pain
● Skin irritation or allergic reactions
● Seizures or convulsions
● Disorientation or confusion
● Any other adverse effects
11.4 Proper Use
● Use device only as intended
● Follow all instructions in the user manual
● Do not modify or tamper with the device
● Do not use if device is damaged
● Keep away from water when charging
● Do not use while driving or operating machinery
11.5 Children
● AWEAR is for users 18 years and older only
● Keep devices away from children under 18
● Device contains small parts that may pose choking hazards
12. Prohibited Conduct
You agree NOT to:
Illegal Activities:
● Violate any applicable laws or regulations
● Infringe intellectual property rights
● Engage in fraud or deceptive practices
System Abuse:
● Scrape, harvest, or collect data from the Services
● Reverse engineer, decompile, or disassemble our software or hardware
● Exploit vulnerabilities or bypass security measures
● Introduce viruses, malware, or harmful code
● Interfere with networks or servers
● Use automated systems (bots, scrapers) without permission
Misrepresentation:
● Impersonate others or misrepresent affiliation
● Create fake accounts
● Provide false information
Harmful Content:
● Upload illegal, harmful, or offensive content
● Harass, threaten, or abuse others
● Share others' personal information without consent
Commercial Misuse:
● Use Services for unauthorized commercial purposes
● Resell or redistribute our Services
● Use data for advertising or marketing to users
AWEAR reserves the right to investigate and take appropriate action, including termination of accounts and legal action.
13. Additional Product Terms and Updates
13.1 Additional Terms
From time to time, AWEAR may provide additional terms for specific features, products, or services (e.g., warranties, safety guidelines, specific subscription terms, beta testing agreements). If these Terms conflict with any additional terms, the additional terms take precedence for that specific feature or service.
13.2 Feedback and Suggestions
If you submit feedback, suggestions, ideas, or other submissions to AWEAR:
● You grant AWEAR a perpetual, irrevocable, worldwide, royalty-free, transferable license to use, modify, and incorporate your feedback
● You will not be entitled to compensation
● You represent that you have the right to provide such feedback
14. Changes to Terms or Services
14.1 Modifications to Terms
We reserve the right to modify these Terms at any time.
Notice of changes:
● We will notify you via email (to your registered address)
● We will post notice on our website and in the app
● We will provide at least 30 days' advance notice for material changes
Your options:
● Continue using Services = acceptance of updated Terms
● Disagree with changes = delete your account before effective date
These Terms of Service were updated on [NEW DATE] to reflect changes in our sales channels, return policy, warranty terms, tax disclosures, refund processing, and platform liability provisions. These updates constitute material changes. Existing users were notified by email and/or in-app notice at least 30 days before the new Effective Date.
14.2 Changes to Services
We reserve the right to:
● Modify, suspend, or discontinue any part of the Services
● Change features, functionality, or content
● Impose limits on certain features
We will provide reasonable notice when practical, but some changes may occur without notice (e.g., for security or legal reasons).
15. Eligibility & Device Requirements
15.1 Age Requirement
You must be 18 years or older to use AWEAR Services.
By creating an account, you represent and warrant that you are at least 18 years of age. If we learn that you are under 18, we will immediately terminate your account and delete all your data.
15.2 Device Compatibility
● You may only use AWEAR Services with devices manufactured, sold, or approved by AWEAR
● Use of unauthorized third-party devices voids any warranties
● AWEAR is not responsible for compatibility issues with unauthorized devices
15.3 Geographic Restrictions
AWEAR Services may not be available in all countries. We reserve the right to restrict access based on geographic location.
16. User Rights: Account Deletion & Permanent Data Erasure
16.1 Your Right to Delete
You may delete your account and all associated data at any time.
How to delete your account:
● Tap “Delete account and all data” in the mobile app, or
● Email: Contact us as set forth in the “Contact Us” section below with subject "Account Deletion Request"
16.2 What Gets Deleted
Upon account deletion, AWEAR will permanently delete:
● Your profile information (name, email, etc.)
● All raw EEG recordings
● All derived features and metrics
● All calm/focus scores and session history
● Session logs and metadata
● Device associations and settings
● All identifiable data linked to your account
● All de-identified datasets that could be re-linked to you
16.3 Deletion Timeline
Within 90 days:
● All data deleted from active systems
● Account becomes inaccessible
Within 180 days:
● All data deleted from backup systems
● All data deleted from archives and caches
16.4 Exceptions to Deletion
We may retain:
● Anonymized aggregate statistics that cannot be linked back to you
● Legal/accounting records required by law (e.g., financial transaction records for tax purposes)
● De-identified research data already published or shared (cannot be retrieved once fully anonymized)
● Information necessary for legal claims (retained only as long as legally required)
16.5 Confirmation
You will receive:
● Immediate email confirmation of deletion request
● Deletion reference number for your records
● Email notification when deletion is complete (within 90 days)
16.6 Automatic Deletion
If your account is inactive for 3 years with no login activity:
● We will send email notifications at 2.5 years and 30 days before deletion
● Your account will be automatically deleted using the same process
● You may log in before the deadline to prevent deletion
Account deletion is permanent and irreversible. Once completed, your data cannot be recovered.
17. Termination
17.1 Termination by AWEAR
AWEAR may suspend, restrict, or terminate your access to the Services at any time, with or without notice, for:
● Violations of these Terms
● Violations of our Privacy Policy
● Illegal activity or suspected fraud
● Safety or security reasons
● Abusive behavior toward other users or AWEAR staff
● Prolonged inactivity (3+ years)
● Business or operational reasons
17.2 Effect of Termination
Upon termination:
● Your right to use the Services immediately ceases
● You must stop using all AWEAR devices and software
● Sections related to intellectual property, arbitration, limitations of liability, indemnification, privacy, and data usage restrictions will survive termination
17.3 No Refunds on Termination
If your account is terminated for Terms violations, you are not entitled to refunds for any unused subscription time or other fees paid.
18. Warranty Disclaimers
18.1 "As Is" Services
THE SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AWEAR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:
● Implied warranties of merchantability
● Implied warranties of fitness for a particular purpose
● Implied warranties of non-infringement
● Warranties regarding accuracy, reliability, or completeness
● Warranties regarding uninterrupted or error-free operation
18.2 No Medical Warranty
AWEAR DOES NOT:
● Provide medical advice, diagnosis, or treatment
● Warrant that wellness metrics are medically accurate
● Guarantee any health outcomes
● Replace professional medical care
18.3 Third-Party Services
AWEAR does not warrant or endorse third-party services, websites, or integrations. Use of third-party services is at your own risk.
18.4 Limited Hardware Warranty
AWEAR devices are covered by a limited manufacturer's warranty for a period of one (1) year from the date of original purchase ("Warranty Period"). During the Warranty Period, AWEAR warrants that the device will be free from defects in materials and workmanship under normal use. If a defect arises during the Warranty Period, AWEAR will, at its sole discretion, repair the device, replace it with a new or refurbished unit of equal or greater functionality, or issue a refund. This warranty applies only to the original purchaser and is not transferable.
This warranty is in addition to, and does not limit, any consumer rights you may have under applicable law, including statutory warranty rights in your jurisdiction.
This warranty does not cover:
Normal wear and tear
Damage from misuse, abuse, accident, or negligence
Unauthorized modifications, repairs, or disassembly
Water damage (unless the device is rated water-resistant and the damage occurred within the specified resistance rating)
Damage caused by use with unauthorized third-party accessories or devices
Cosmetic damage that does not affect functionality
To make a warranty claim, contact us as set forth in the "Contact Us" section below with your proof of purchase and a description of the issue.
19. Indemnification
19.1 Your Indemnification Obligation
You agree to indemnify, defend, and hold harmless AWEAR, its affiliates, officers, directors, employees, agents, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:
● Your use or misuse of the Services
● Your violation of these Terms
● Your violation of any rights of another person or entity
● Your violation of any applicable laws or regulations
● Content you submit or transmit through the Services
● Your breach of any representations or warranties
19.2 Defense and Settlement
AWEAR reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.
20. Limitation of Liability
20.1 No Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AWEAR, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PARTNERS BE LIABLE FOR ANY:
● Indirect damages
● Incidental damages
● Special damages
● Consequential damages
● Punitive damages
● Loss of profits, revenue, or data
● Loss of use or business interruption
● Cost of substitute services
EVEN IF AWEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
20.2 Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AWEAR'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE GREATER OF:
● $100 USD, or
● The amount you paid to AWEAR in the 12 months preceding the claim
20.3 Exceptions
Some jurisdictions do not allow limitation of liability for personal injury or certain statutory rights. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.
20.4 Basis of the Bargain
You acknowledge that the limitations of liability in this section are a fundamental element of the basis of the bargain between you and AWEAR, and that AWEAR would not provide the Services without these limitations.
20.5 Third-Party Platforms and Services
AWEAR is not liable for any damages, losses, or claims arising from: (a) the acts, omissions, outages, or errors of third-party e-commerce platforms, payment processors, shipping carriers, or cloud infrastructure providers; (b) unauthorized access to your data caused by a security breach at a third-party platform provider, provided AWEAR has met its own security obligations; (c) any failure or delay in order processing, payment processing, or delivery caused by a third-party platform or service provider; or (d) changes to third-party platform terms, policies, or functionality that affect the availability or operation of our Services. AWEAR will use commercially reasonable efforts to select and monitor reliable third-party providers, but does not guarantee their performance.
21. Governing Law and Venue
21.1 Governing Law
These Terms and any disputes arising out of or relating to the Services shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.
21.2 Federal Law
Any dispute related to federal statutes (e.g., intellectual property, data privacy) shall be governed by applicable federal law.
21.3 International Users
If you access the Services from outside the United States, you acknowledge that your data may be transferred to and processed in the United States, and you consent to the application of California and U.S. federal law.
22. Dispute Resolution: Arbitration & Class Action Waiver
22.1 Agreement to Arbitrate
YOU AND AWEAR AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL BE RESOLVED THROUGH BINDING ARBITRATION, NOT IN COURT, except as set forth in Section 22.6 below.
22.2 Arbitration Rules
Arbitration will be conducted by JAMS (Judicial Arbitration and Mediation Services) under its Comprehensive Arbitration Rules and Procedures.
Arbitration details:
● Location: San Francisco, California (or virtual if mutually agreed)
● Language: English
● Arbitrator: Single neutral arbitrator mutually agreed upon, or appointed by JAMS
● Discovery: Limited discovery as determined by the arbitrator
● Decision: Arbitrator's decision is final and binding
● Enforcement: Arbitration award may be entered as a judgment in any court of competent jurisdiction
22.3 Costs
● Each party bears its own attorneys' fees unless the arbitrator awards fees to the prevailing party
● AWEAR will pay JAMS filing and administrative fees for claims under $10,000
● For claims over $10,000, fees will be allocated according to JAMS rules
22.4 CLASS ACTION WAIVER
YOU AND AWEAR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
This means:
● No class arbitrations
● No class actions
● No consolidated proceedings with other users
● No representative actions
If this class action waiver is found to be unenforceable, the entire arbitration agreement in Section 22 shall be null and void.
22.5 Opt-Out Right
You have the right to opt out of this arbitration agreement.
To opt out:
● Send written notice to AWEAR within 30 days of creating your account (or 30 days of these Terms taking effect, whichever is later)
● Contact us as set forth in the “Contact Us” section below
● Include: Your name, email address, account username, and a clear statement that you wish to opt out of the arbitration agreement
22.6 Exceptions to Arbitration
Either party may bring an action in court for:
● Injunctive relief for intellectual property violations
● Small claims court actions (if the claim qualifies and remains in small claims court)
● Emergency relief to prevent irreparable harm pending arbitration
22.7 Severability
If any portion of this arbitration agreement is found to be unenforceable, the remainder shall continue in effect, except as provided in Section 22.4 regarding the class action waiver.
22.8 Future Changes to Arbitration
If AWEAR changes this arbitration provision after you create your account, the changes will not apply to disputes that arose before the effective date of the change. You may reject changes to the arbitration provision by contacting us as set forth in the “Contact Us” section below within 30 days of the change.
23. EEA/UK Users: Special Provisions
If you are located in the European Economic Area (EEA) or United Kingdom:
23.1 No Arbitration Requirement
Sections 22.1-22.4 (Arbitration and Class Action Waiver) do NOT apply to you.
You retain the right to:
● Bring proceedings in your local courts
● File complaints with your data protection supervisory authority
● Bring class actions if permitted under local law
23.2 Governing Law for EEA/UK Users
For EEA/UK users, these Terms are governed by the laws of your country of residence to the extent required by applicable consumer protection laws.
23.3 Data Protection Rights
You have enhanced rights under GDPR as described in our Privacy Policy, including:
● Right of access
● Right to rectification
● Right to erasure
● Right to restrict processing
● Right to data portability
● Right to object
● Right not to be subject to automated decision-making
24. Entire Agreement, Severability, and Assignment
24.1 Entire Agreement
These Terms, together with our Privacy Policy and any additional terms for specific features, constitute the entire agreement between you and AWEAR regarding the Services and supersede all prior agreements, understandings, and communications.
24.2 Severability
If any provision of these Terms is found to be unenforceable or invalid:
● That provision will be limited or eliminated to the minimum extent necessary
● The remaining provisions will remain in full force and effect
● Exception: If the class action waiver (Section 22.4) is found unenforceable, the entire arbitration agreement becomes void
24.3 Assignment
● AWEAR may assign these Terms or any rights/obligations hereunder, including in connection with a merger, acquisition, or sale of assets
● You may NOT assign these Terms or any rights/obligations without AWEAR's prior written consent
● Any attempted assignment by you in violation of this section is void
24.4 No Waiver
AWEAR's failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or any other provision. Any waiver must be in writing and signed by AWEAR.
24.5 Survival
Provisions that by their nature should survive termination shall survive, including but not limited to: intellectual property rights, indemnification, limitations of liability, dispute resolution, and governing law.
25. Contact Us
For questions, concerns, or requests regarding these Terms:
AWEAR Technologies Inc.
Email: contact@awear.us
26. Acknowledgment and Acceptance
BY CLICKING "I AGREE," CREATING AN ACCOUNT, USING AN AWEAR DEVICE, OR OTHERWISE ACCESSING THE SERVICES, YOU ACKNOWLEDGE THAT:
1. You have read and understood these Terms of Service
2. You have read and understood our Privacy Policy
3. You agree to be bound by these Terms
4. You consent to the collection and use of your biometric information as described in our Privacy Policy
5. You are at least 18 years of age
6. You agree to the arbitration and class action waiver
