1. Overview
This document outlines the limitations and disclaimers associated with the all Quiet Steward’s products and services (the “Product”), which includes all smartwatches, devices, online platforms and the accompanying services provided. The Product has certain limitations that are inherent to the technology and external dependencies. This document serves as a legal disclaimer and sets forth the limitations of liability for Quiet Steward.
2. Location Accuracy
2.1. The accuracy of location tracking for the Product is influenced by several external factors beyond our control, including but not limited to:
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Weather conditions (e.g., heavy rain, fog, cloud cover).
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Proximity to reflective surfaces, tall buildings, or dense structures that may cause signal interference.
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Availability of valid Wi-Fi addresses and GPS signals.
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Whether the device is used indoors, underground, or in areas with limited satellite visibility.
2.2. As these factors can affect the Product’s ability to provide precise location data, Quiet Steward does not guarantee accuracy in all situations. Users should not rely solely on the location data provided by the system for critical decisions or safety measures.
3. Connectivity and Data Transmission
3.1. Product’s connectivity to the Quiet Steward platforms is dependent on the availability and quality of network connections. Factors that may impact connectivity include:
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Areas with poor or no cellular reception.
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Network outages or disruptions from the carrier.
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Environmental factors that affect signal strength, such as being indoors or in remote locations.
3.2. In the event of connectivity issues, the Product may be unable to transmit location data, SOS alerts, or receive instructions. Quiet Steward is not responsible for any consequences resulting from these connectivity issues.
4. Response Time
4.1. There may be delays in processing SOS alerts or instructions due to network conditions, server load, sudden surge of traffic, or other technical factors. Such delays may affect the system’s response time during critical situations.
4.2. Quiet Steward does not guarantee immediate processing or response to alerts or instructions, and users should be aware of potential delays in the system.
5. Third-Party Services
5.1. The Product relies on various third-party services, including but not limited to:
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Carrier network services for data transmission.
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Cloud services for data storage and processing.
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Third-party map services for location tracking and geofencing.
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GPS services provided by global satellite systems.
5.2. As these services are provided by third parties, Quiet Steward has no control over their reliability, availability, or performance. Any interruptions, inaccuracies, or failures in these services may affect the overall functionality of the Product. We are not liable for any damages or losses resulting from issues with third-party services.
6. Platform Compatibility
6.1. The Product’s online platforms are designed to be compatible with a wide range of devices and browsers; however, it may not be fully optimized for all configurations. This may result in a suboptimal user experience, including slow performance, display issues, or limited functionality on certain devices or browsers.
6.2. Users are encouraged to access the platforms using recommended devices and browsers to ensure the best possible experience. Quiet Steward is not responsible for any issues arising from the use of unsupported or incompatible devices or browsers.
7. Technical Issues
7.1. The Product, like any complex technological product, may experience technical issues that could cause service interruptions, delays, or malfunctions. These issues may include:
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Software bugs or glitches.
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Server outages or downtime.
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Unexpected hardware failures.
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Cybersecurity threats or breaches.
7.2. Quiet Steward does not guarantee uninterrupted or error-free operation of the Product and its associated systems. Users acknowledge that such issues are inherent in the use of technology, and Quiet Steward is not liable for any damages or losses resulting from these technical issues.
8. Services
8.1. The Product is valid for use for a period of 12 months after the date of purchase. Any extension of services beyond this period is subject to Quiet Steward's sole discretion and approval.
8.2. Quiet Steward reserves the right to modify, suspend, or discontinue the product and services (or any part thereof) at any time, with or without notice to users. Quiet Steward will not be liable to users or any third party for any modification, suspension, or discontinuation of the product and services.
9. Limitation of Liability
9.1 The Product is provided on an "as is" basis without any warranties, express or implied. We expressly disclaim any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
9.2. To the fullest extent permitted by law, Quiet Steward, its affiliates, employees, agents, distributors, and third-party service providers (collectively, the "Released Parties") shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of life, injury, or harm to individuals, lost profits, loss of data, costs of substitute goods or services, or any other losses or damages arising from or related to the use or delays or interruptions or inability to use the Product, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if any Released Party has been advised of the possibility of such damages.
9.3. The Released Parties shall also not be liable for any damages or losses incurred as a result of third-party services, including but not limited to carrier network services, cloud services, map services, and GPS services.
9.4. Users acknowledge and agree that they are solely responsible for the risks associated with the use of the Product, and that reliance on any information provided is at their own risk. Users agree to release the Released Parties from any liability arising from the use or performance of the system.
10. Force Majeure
10.1. Quiet Steward shall not be liable for any failure or delay in the performance of its obligations under this agreement if such failure or delay is due to events beyond its reasonable control, including but not limited to:
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Natural disasters, such as earthquakes, floods, or hurricanes.
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Acts of terrorism, war, or civil unrest.
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Government actions, regulations, or orders.
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Industrial disputes, strikes, or labor shortages.
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Failure of third-party services or infrastructure.
10.2. In the event of a force majeure event, Quiet Steward will make reasonable efforts to resume normal operation of the Product as soon as possible. However, Quiet Steward shall not be held responsible for any damages or losses resulting from such events.
11. Changes to the Agreement
11.1. Quiet Steward reserves the right to modify this Agreement and to add new or additional terms or conditions at any time. Such modifications and additional terms and conditions will become effective immediately and be incorporated into this Agreement.
11.2. Users’ continued use of the Product following any such modifications or additions will be deemed acceptance of the revised Agreement.
12. No Guarantee of Performance
12.1. Due to the limitations outlined in this document, Quiet Steward does not guarantee that the Product will perform as intended in all terrains, environments, or conditions. Users acknowledge that these limitations, including defective devices, should not be considered as non-performance of Quiet Steward's obligations.
12.2. By using the Product, users agree to assume all risks associated with the limitations described herein and to release Quiet Steward from any liability arising from the use or performance of the system.
13. Conclusion
This document outlines the limitations and liability disclaimers associated with the Product. Users are encouraged to review these limitations carefully and to use the system with an understanding of the inherent risks. For any questions or concerns regarding this document, please contact Quiet Steward legal department.
PRODUCT TERMS AND CONDITIONS
Last updated 17 August 2024