Terms of Use

Please read these terms of use carefully before using any LEOMO, Inc. ("LEOMO") websites (collectively "LEOMO Sites"). By using any of the LEOMO Sites, 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 LEOMO Sites.

Please also note that additional terms might apply to some services or features offered on certain LEOMO Sites. 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.

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

Use of Content

The content contained on LEOMO Sites, 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 LEOMO Sites, and is owned or controlled by LEOMO or by third parties that have licensed their Content to LEOMO. The use of the Content will be legal only if you use it according to the explicitly authorized or permitted usage by LEOMO; if not, it may violate LEOMO’s rights and applicable copyright law, trademark law, and other applicable laws.

You may download one copy of the Content which exists on LEOMO Sites to a single computer for your 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 LEOMO, 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 LEOMO Sites, these shall be licensed to you by us 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 LEOMO Sites without explicitly expressed permission of your parents or legal guardians.

UNLESS OTHERWISE SPECIFICALLY AND EXPLICITLY STATED, LEOMO 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.

LEOMO 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 Forums and Communication

"Public Forum" means an area, site or feature offered as part of any LEOMO Sites 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 Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any User Submission to a Public 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. LEOMO 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 LEOMO Sites in any Public Forum and for the consequences of submitting and posting. We have no duty to monitor any Public 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 LEOMO Sites, you automatically grant, or warrant that the owner of such material has expressly granted LEOMO 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 LEOMO the right to delete, remove, edit, modify, copy, publish and distribute any material you make available on any LEOMO Sites. We reserve any rights, but disclaim any obligation or responsibility, to refuse to post or communicate or remove any User Submission from any LEOMO Sites that violates or seems to violate at LEOMO’s discretion these Terms of Use.

You acknowledge that your use or reliance upon any User Submission posted in any Public 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 Public 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 Public Forum.

You agree that you will not submit on any LEOMO Sites any User Submission that is,

  • 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@leomo.io
By Mail:
LEOMO, Inc.
5775 Kearny Villa Road, San Diego, California
USA 92123

General

Except to the extent provided below in this paragraph, all legal issues arising from or in connection with the use of any LEOMO Sites will be construed in accordance with and determined by the laws of Japan without respect to its conflict of laws principles.

By using LEOMO Sites, you agree that the exclusive forum for any claims or causes of action arising out of your use of the LEOMO Site is Tokyo District Court located in Tokyo, Japan.

IMPORTANT NOTICE regarding your SAFETY and HEALTH

Please always heed the warnings and comply with the instructions of use as indicated below, to avoid hazardous situations, an accident, or a collision that could result in death or serious injury. LEOMO, Inc. (hereinafter "LEOMO") DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE DAMAGES ARISING FROM THE FAILURE TO COMPLY WITH, OR BREACH OF, THE FOLLOWING INSTRUCTIONS.

Health Warnings

LEOMO's devices, including without limitation, the heart rate monitor and other Type-R accessories, are consumer devices and not medical devices, and could suffer interference, or be otherwise influenced by, external electronic devices. The heart rate readings are for reference use only, and no responsibility is accepted by LEOMO for any consequences of the user's use of LEOMO’s devices.

Please always consult your physician, doctor or trainer, before beginning or modifying any exercise program.

Warnings on Use while Bicycling

Operation of the device while bicycling or similar use may cause an accident. Please be sure to operate LEOMO’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 assitance.

Please always be aware of your surroundings and the environment, and the inherent risks of the relevant activity before embarking on 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 LEOMO. If you use anything other than those specified or recommended by LEOMO, 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 LEOMO 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 odor, 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 odor, 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.

General Warnings

The TYPE-R device should only be used by those over the age of 18.

When using the device, if you notice something unusual, such as abnormal noises, smoke or strange odor during use, charging or storing, please do the following in the order listed below:
1. Pull out the charger plug from the outlet.
2. Turn off the device.
3. Remove the battery pack while paying attention to burns and injuries (when it is possible to remove the battery pack).

Using the device in an abnormal state may cause a fire or electric shock.

The TYPE-R device and motion sensors are generally waterproof when used according to the provided guidance, but if you submerge in water or expose the device to a large amount of water, water may enter the device; and it may cause fire or electric shock.

Avoid using the device in the situations as indicated below:
-Exposure of water or other liquids to the inside of the main unit
-Leave the device wet for extended periods of time
-Charging wet battery pack
-Exposure to hot water

Do not touch the high temperature area of the device for a long time. If the device is used for a long time, the temperature of the device or its charger may become high. Please be careful regarding the temperature of the device. Be especially careful while charging.

Do not expose the device to liquid for extended periods of time. The charging terminal should not be exposed to any liquids. Do not also allow the foreign objects listed below to enter the device. This may cause overheating or fire. Please be careful when carrying the device.

-Metallic strap
-Metal pieces
-Hairpin
-Metal necklace
-Pencil lead
-Water, alcohol or any drinks
-Sweat or other liquids
-Seawater

Do not damage the charging terminal; it may cause overheating or fire. Please be careful when carrying. Do not connect charging terminals diagonally or reversely. Do not apply excessive force to the upper, lower, left, and right to the device when it being connected to the charger. Do not step or ride on the connection part of the device especially when it being connected to the charger.

Do not heat the device; it may cause leakage, overheating, explosion or ignition of the battery pack, heat generation, smoking, ignition, malfunction, etc. of the TYPE-R device and charger. Please be careful about the place of use and handling. Do not place in any appliance (e.g., microwave oven). Do not place in a high pressure container (pressure cooker etc.). Do not place it on the electromagnetic cooker (IH cooker).

Warnings on use the sensor adhesives

Before attaching the adhesive, please keep your skin clean.
Avoid continuous use for more than 24 hours.
Do not use the adhesive in places on the body with rough skin or a wound is nearby.
Do not use the adhesive in a situation where it is being pulled, as it may cause injury.
If you experience a rash, redness, itching, etc., discontinue use of the adhesive and see a doctor's advice.

LEOMO Software License Agreement

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.

 

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

You acknowledge that the Software is the property of LEOMO 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 LEOMO or its third-party providers and that the Software in source code form remains a valuable trade secret of LEOMO 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.

2016 © LEOMO, Inc. All Rights Reserved.