Effective Date: these Terms & Conditions are valid & binding as of the date of reading and accepting this document. Company: Unit 1 Gear, Inc., a corporation with its legal address at 66 W Flagler Street, Suite 900, PMB 10828, Miami, FL 33130, USA and/or its subsidiaries (“Unit 1”, “we”, “us”, “our”).
Please read these Terms & Conditions (“Terms”) carefully before using the Unit 1 mobile application (“App”) and the associated smart helmet, accessories, features, and services (collectively, the “Services”). By downloading, installing, accessing, or using the App, you (“you”, “your”, “User”) acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may choose not to use the App and use your UNIT 1 products without it.
Use of this App is optional. You may use your Unit 1 Smart Helmet, Smart Light, Remote or Visor (“Unit 1 Device” or “Unit 1 Devices”) and most of its core functions (including lights, turn signals, and brake lights, where applicable) without installing or using the App. However, the App is required for certain smart features (including Crash Alert, Safety ID and Rain Mode).
1. Eligibility and Acceptance
By using the App, you represent that:
You are at least 16 years old, or you have the legal capacity to enter into a binding agreement; If you are using the App for a minor, you are the parent or legal guardian and accept full responsibility; You will comply with all applicable laws, including helmet use laws, cycling/e-bike regulations, and privacy rules in your jurisdiction; You have read and accept these Terms. If you do not meet these requirements, you may not use the App.
2. General
The App is designed to complement the use of Unit 1 smart helmets and other devices (the “Unit 1 Products”). The App does not replace the instructions, warnings, and safety guidelines in the devices’ user manual. By using the App, you acknowledge and agree that: The helmets and other devices may be used independently of the App. The App is optional and may provide supplemental features only. Unit 1 Gear, Inc. is not responsible for your use, misuse, or failure to use the helmet or the App.
3. Helmet Use
By using any UNIT 1 Smart Helmet, you acknowledge and agree to the following:
3.1 No helmet can prevent all injuries: Serious injury or death may still occur while cycling, e-biking, skateboarding, or engaging in other activities even when wearing a helmet. Unit 1 makes no claim that the helmet will eliminate all risk. 3.2 Proper fit is essential: A helmet protects only if properly fitted and adjusted. Users must follow the manufacturer’s fit and adjustment instructions. Always check before each use that nothing is torn, worn, missing, out of adjustment, or damaged. 3.3 Replace after impact or signs of wear: The helmet is designed to absorb impact by partial destruction of its shell or liner. Damage may not be visible. After any impact, the helmet should be replaced or returned for inspection. The helmet has a limited lifespan and should be replaced after 3 years or at the first sign of wear, whichever comes first. 3.4 Lights and turn signals are supplemental only. Helmet-mounted lights do not replace legally required bicycle lights. Turn signals do not replace required hand signals. Unit 1 is not responsible for miscommunication caused by helmet lights or signals. 3.5 Battery safety: The helmet contains a lithium-ion battery. Improper use can cause fire or explosion. Do not: Charge with defective chargers, Expose to excessive heat, flame, or sunlight for prolonged periods, Disassemble, crush, puncture, or replace the battery. Follow all battery care instructions. 3.6 Avoid chemicals: The helmet may be damaged by: ammonia cleaners, bleach, alcohol, acetone, petroleum-based solvents, paint, adhesives, stickers, etc. Damage may not be visible. 3.7 No modifications: Never modify the helmet or add accessories not recommended by Unit 1. Doing so may reduce protection and void warranties. 3.8 Local regulations: Some jurisdictions restrict or prohibit helmet-mounted lights or certain signaling devices. You are responsible for complying with all applicable laws.
4. App Use
The App provides optional smart features for supported Unit 1 Products. The App's functionality may vary by region, device, connectivity, operating system permissions, firmware versions, and product availability. Unit 1 may modify, update, or discontinue features at any time.
5. Crash Alert Feature
5.1 Description: Crash Alert is an optional, user-enabled feature. When active, the system: Detects certain impacts through sensors in the helmet; triggers a safety countdown in the App; If the countdown is not cancelled, sends an SMS text (“SOS alert”) to the designated emergency contact, including: a message predefined by the user, the user’s last known location (when available). 5.2 Requirements: · A functioning smart helmet with sufficient battery · A smartphone in the user’s possession at the time of the crash · An active Bluetooth connection between helmet and phone at the time of the crash · The user’s phone having cellular signal/service at the time of the crash · The emergency contact’s phone being able to receive SMS messages · Correct permissions granted (Bluetooth, notifications, background operation, location, etc.) 5.3 Limitations and Disclaimers You acknowledge and agree that Crash Alert may generate false alerts (false positives) and/or fail to detect actual incidents (false negatives) and that the feature is dependent on third-party systems beyond Unit 1’s control, including:
· Bluetooth stability · Mobile OS behavior · Cellular network coverage · GPS and location-service availability · SMS delivery infrastructure
Unit 1 cannot guarantee:
· The feature will detect every crash; · The SOS message will be delivered; · Location information will be accurate, timely, or available; · The emergency contact will see, read, or act on the SOS message. · You bear full responsibility for configuring, testing, and using Crash Alert.
Unit 1 is not liable for any harm, damage, injury, loss, or missed emergency resulting from:
· Failure of the feature to activate · Delayed, inaccurate, or missing information · Incorrect user configuration · Emergency contact actions or inactions
Crash Alert is not a medical or emergency service and must not be relied upon as such.
6. Safety ID Feature – Adults
6.1 Description: The Adult Safety ID feature is optional. The helmet contains an NFC tag on which the user may store self-selected information, such as: Name, age, weight, blood type, pre-existing medical conditions, emergency contact information and any other data the user voluntarily chooses to input. Any modern smartphone with NFC capability may read this tag with physical access to the helmet. The reading phone requires an internet connection. 6.2 Local Data Model: All Safety ID information is stored locally on the NFC tag and/or the user’s phone. Unit 1 does not store, collect, transmit, or access Safety ID information. Users are solely responsible for accuracy, completeness, and legality of the stored information. 6.3 Disclaimers You acknowledge and agree that:
· Unit 1 is not responsible for incorrect, outdated, misleading, or incomplete Safety ID data entered by the user. · Unit 1 is not liable for any scanning of the NFC tag outside the intended use case. · Anyone with physical access to the helmet may scan the tag. User assumes all privacy risks. · Unit 1 is not accountable for any actions taken by paramedics, bystanders, emergency contacts, or others based on Safety ID data. Unit 1 is not responsible for:
· Failure of the tag to scan · Inaccurate or missing data · Technical limitations of NFC or smartphones
User bears full responsibility for the use and consequences of the Safety ID feature.
7. Safety ID Feature – Children
7.1 Description: The Children’s Safety ID feature is optional and intended for lost-helmet scenarios. Parents/guardians may store limited information (e.g., name, phone number, address) on the NFC tag. 7.2 Disclaimers: All disclaimers applicable to Adult Safety ID apply equally here. Additionally: · Parents/guardians assume full responsibility for information stored on the tag. · Unit 1 is not responsible for misuse, unauthorized access, or malicious scanning of the tag. · The feature does not guarantee the return of a lost helmet. 7.3 Privacy Because Safety ID operates locally, Unit 1 does not collect that information. The App may collect minimal data related to: · App performance · Crash Alert configuration · Anonymous Crash Alert events, including time and location · Device diagnostics · Firmware update status · Bluetooth status · Anonymous analytics
Use of the App is governed by the Unit 1 Gear Privacy Policy, incorporated by reference.
8. Intellectual Property
All Unit 1 trademarks, logos, designs, software, firmware, App content, documentation, and related intellectual property are owned exclusively by Unit 1 Gear, Inc. Users receive only a non-exclusive, non-transferable, revocable license to use the App.
9. User Responsibilities
You agree that you will:
· Use the App only for lawful purposes · Follow all helmet instructions and safety guidelines · Not rely on the App for emergency services · Not modify, reverse engineer, or tamper with the App or firmware · Ensure your device meets minimum technical requirements · Maintain updated OS, firmware, and App versions for best functionality · Configure Crash Alert and Safety ID responsibly
10. Third-Party Services
The App relies on third-party systems such as mobile operating systems, Bluetooth protocols, cellular carriers, GPS/location services, and SMS gateways.
Unit 1 is not responsible for:
· Outages, disruptions, delays, or errors caused by third parties · Changes to OS behavior that affect App performance · Limitations or failures of SMS or messaging systems · Inaccurate location data from device providers
11. Warranty
The helmet’s warranty is governed by the Unit 1 Gear Limited Warranty included in the user manual. The App is provided “AS IS,” without warranties of any kind unless required by law.
12. Limitation of Liability
To the maximum extent permitted by law:
Unit 1 shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages. Unit 1 shall not be liable for personal injury or death related to your use of the helmet or app. Unit 1 shall not be liable for failure of Crash Alert, Safety ID, or any feature to function as expected. Unit 1’s total liability shall not exceed the amount paid for the product;
You assume all risks associated with cycling, e-bike riding, skateboarding, and other activities involving helmets.
13. Indemnification
You agree to indemnify, defend, and hold harmless Unit 1 Gear, Inc., its subsidiaries, officers, directors, employees, and agents from any claim, liability, damages, loss, or expense arising from:
· Your use of the App or helmet · Your configuration of Crash Alert, Safety ID, or any feature related to your Unit 1 device or the App · Your violation of laws or regulations · Your violation of these Terms · Data you store on Safety ID or its consequences · Misuse of the helmet or other Unit 1 devices
14.1 Agreement to Arbitrate You agree that all disputes, claims, or controversies arising out of or related to the Unit 1 device(or devices), the app, these terms, or your relationship with Unit 1 shall be resolved exclusively by binding arbitration, not by court litigation. There is no judge and no jury in arbitration. The arbitrator’s decision is final and binding. 14.2 Class-Action Waiver You agree to bring claims only on an individual basis. You may not participate in a class action, collective action, representative action, or mass arbitration. 14.3 Arbitration Rules Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. 14.4 Opt-Out If you do not agree to arbitration, you must opt-out within 30 days of first using the App by sending written notice to: [email protected] or the mailing address above. 14.5 Exceptions You may bring a claim in small claims court if eligible. Unit 1 may seek injunctive relief related to IP or misuse of the App.
15. Governing Law
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws principles.
16. Modifications
Unit 1 may update these Terms at any time. Continued use of the App constitutes acceptance of updated Terms.
17. Termination
Unit 1 may suspend or terminate access to the App at its discretion. Upon termination, you must cease using the App. If any provision of these Terms is found unenforceable, the remainder will continue in full force and effect.
18. Contact
For questions about these Terms or the App, contact:
Unit 1 Gear, Inc. 66 W Flagler Street, Suite 900, PMB 10828 Miami, FL 33130 [email protected]