You shall use the Application including hardware and software strictly in accordance with the design of the device and shall not: (a) decompile, reverse engineer, disassembly, attempt to derive the source code of, or decrypt the Application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) violate any applicable laws, rules or regulations in connection with your access or use of the Application; (d) remove, alter or obscure any proprietary notice of the company or its affiliates, patterns, suppliers or the licensors of the Application. (e) use the Application for any revenue-generating endeavor, commercial enterprise, or other purposes for which it is not designed or intended. (f) use the Application on babies with any medical conditions including but not limited to premature babies or babies with likely higher risk of SIDS.
You shall use the Application including hardware and software strictly in case: (a) the baby is known for sure that has no medical conditions. The Application is not an FDA-approved medical application, therefore, it should NOT be used for illness monitoring or preventing. (b) the baby is a newborn or younger than 12 or 18-month-old. The whole application is designed for low-months-old babies. It doesn’t work for adults.
This Application including hardware and software is licensed as a limited, non-exclusive, non-transferable license to use on the iOS device you own or control. You may not distribute or make the Licensed Application available over a network where it could be used by multiple mobile devices at the same time. You may not rent, lease, lend, sell, redistribute the Application. You may not copy, decompile, reverse engineer, disassembly, attempt to derive the source code of, modify, or create derivative works of the Licensed Application.
You are warned that the Application including the hardware and the software has the following limitations. Under no circumstances shall the Application hold responsible for any related incidence or damages. (a) The NORA sock hardware is NOT an FDA-approved medical device. It is an information-gathering device in a wearable form factor. It does NOT claim to prevent any specific diseases. (b) The heart rate reading is only available when the baby stays still for more than 30 to 60 seconds. It means the heart rate is more continuously available when the baby is in sleep, while it is less available when the baby is awake. Missing heart rate reading may cause the Application lack of critical vital signs of the babies and lack of confidence in possible fatal incidence. (c) The hardware is not a waterproofing design that may cause electrical short and damage if emerged into water, sweat, or any electrically conductive materials. (d) The battery inside has limited temperature range. (e) The mobile App notified users with local push notification, however, on the iOS platform, the notification volume, silent mode, do-no-disturb mode, the driving mode is out of the control of the App. They are controlled by the users manually and the iOS operating system by the Apple's design. The critical alert feature on iOS platform is also strictly controlled by Apple, which is not accessible by NORA CARE LLC. Therefore, it’s possible that users may miss important alerts or notification if the smartphone was not put in the correct mode, especially during the night because the iOS puts on do-not-disturb automatically during night time. Allowed by Apple, NORA Baby App can override do-not-disturb, however, user can disable this in settings and miss important alerts. (f) All readings in the Application have certain error tolerance and they do NOT meet any FDA standard. (g) Putting on the sock too tight may cause pressing marks on the foot. Put on the sock slightly loosely and change feet as frequently as possible, no longer than 6 - 8 hours, is required to relieve pressing marks. Users are responsible for putting on the sock with gentle tightness. The Application has warned users about the pressing marks in many places like the welcome page of the iOS App, skin contact button popup alerts, battery life time button popup alerts and more places. (h) Stop using the Application immediately if you found any skin problem, electrical hazard, mechanical problem or expect medical-grade or hospital-grade services. (i) Stop using when the baby is capable of fully taking off the sensor from the foot. When the sensor is detached from the strap, it's considered as a small part that may have choking risk. (j) NOT a toy! Do not give the sensor or the strap to the babies as a toy. Choking hazard! (k) Plastic bag used in the packaging is dangerous. It may cause suffocation. Keep plastic bags away from babies.
Under NO circumstances shall the NORA CARE LLC or its owners, affiliates, partners, suppliers or licensors be liable for any indirect, incidental, consequential or exemplary damages arising out of or in connection with our access or use of or inability to access or use the Application including both hardware and software and any third party content and services, whether or not the damages were foreseeable and whether or not the company was advised of the possibility of such damages. Under NO circumstances shall the NORA CARE LLC or its owners, affiliates, partners, suppliers, or licensors be liable for any skin issues or fatal incidence direly or indirectly associated with the accuracy or availability of the Application. Without limiting the generality of the foregoing, the company’s aggregate liability to you (whether under contract, tort, statute or otherwise) shall not exceed the amount of the product selling price, which is about $150 to $200. The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
This policy is effective as of 1 May 2020.
NORA CARE LLC