Terms of Use
Effective Date: 10/10/25 | Last Updated: 5/29/26
Please carefully review these Terms of Use ("Terms", "Terms of Use") before accessing the Above Technologies website, mobile app, and wearable device services ("Services"). Any reference to "Above Technologies", "we", "our", or "us" in these Terms refers collectively or individually to Above Technologies, including its related corporations, subsidiaries, and joint ventures.
By using these Services, you confirm that you are 18 years of age or older, or that you have obtained permission from your parent or legal guardian who agrees to these Terms on your behalf.
Ownership/Licensing of Content
All content on the Services, including but not limited to graphics, text, images, photographs, videos, illustrations, and the design, selection, and arrangement thereof, as well as materials such as graphics, documents, text, images, sound, video, audio, artwork, software, and HTML code ("Content"), is exclusively owned by Above Technologies, its clients, or licensors. Your use of the Services acknowledges that you do not acquire any ownership rights to the Services or their contents.
All trademarks, service marks, and logos ("TradeMarks") of Above Technologies or its clients displayed on the Services are also exclusive property and may not be used without prior written consent.
Use of the Services
Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Services. By accessing or using the Services, you agree to be bound by these Terms. If you disagree with any part of these terms, please refrain from using the Services. We reserve the right to update these Terms from time to time at our sole discretion. These Terms should be read in conjunction with our Privacy Policy.
Access to the Services and their content is granted solely for your personal, informational, and research purposes and on the condition that you appropriately acknowledge us. Unless expressly permitted, you are not allowed to use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, or create derivative works of the content for any commercial purpose.
Without our express permission, deep-linking to any part of our Services, or framing or mirroring any content or materials contained in our Services on any other server, is prohibited.
Links to Third Parties
The Services may contain links to third-party websites. These third-party websites are not monitored by us, and we are not responsible for any materials, information, or content posted on these websites. The inclusion of these links does not imply any relationship or association between Above Technologies and the owners of these third-party websites, nor does it imply endorsement or sponsorship by Above Technologies of these third parties.
Privacy
The privacy of your personal data is important to us. We collect, use, and disclose information collected through the Services in accordance with our Privacy Policy. For inquiries regarding the handling of your information, please contact Above Technologies as specified in our Privacy Policy.
Indemnity
You agree to indemnify Above Technologies against any action, claim, demand, expense, loss, damage, costs, or legal fees asserted against or incurred by Above Technologies arising from your use of the Services or any breach of these terms.
Limitation of Liability
To the fullest extent permissible by law, we shall not be liable for any loss, damages, expenses, or any indirect, special, or consequential loss, damage, cost, or expense of any kind arising from or in connection with:
- Your access or inability to access and use the Services and their content;
- Your actions or inactions based on the Services' content;
- The use of third-party websites linked to the Services; and/or
- The collection, use, disclosure, and processing of your personal data in accordance with these Terms and/or our Privacy Policy.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ABOVE TECHNOLOGIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, DATA, OR GOODWILL. ABOVE TECHNOLOGIES’ TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO ABOVE TECHNOLOGIES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (USD 100). Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
Disclaimers
The Services and their Content are provided on an "as is" and "as available" basis. We make no representation, warranty, or condition:
- That the Services will be error-free, free of viruses, or other harmful components, or that defects will be corrected;
- Regarding the accuracy, timeliness, or completeness of the content;
- That the Services will meet your requirements;
- That the Services will be compatible with your computer, electronic device, and related equipment and software;
- That the use of the Services complies with local laws applicable to the location from which you access the Services.
We do not accept liability for any failure to maintain the Services. We may, without prior notice or reason, modify, alter, suspend, or terminate the Services or any content, materials, or functionality provided therein.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND CONTENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Provisions such as ownership rights, disclaimers, indemnity, and limitations of liability will survive termination of these Terms.
Notice of Copyright Infringement
Above Technologies respects the intellectual property rights of others and responds to notices of alleged copyright infringement under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. Section 512. If you believe your copyrighted work has been used on the Services in a way that constitutes infringement, please send a written notice to our designated agent at team@goabove.ai that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the allegedly infringing material and information reasonably sufficient to locate it on the Services; (d) your contact information; (e) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on its behalf.
We may remove or disable access to material claimed to be infringing and, in appropriate circumstances, will terminate the accounts of repeat infringers. If you believe your material was removed or disabled in error, you may submit a counter-notification to the same address. Receipt of a notice does not constitute an admission of wrongdoing or an obligation to remove content absent a compliant DMCA notice.
General
No employment, partnership, agency, or joint venture relationship arises between you and Above Technologies or its clients from your use of the Services.
Each term and condition in these Terms is severable and distinct. If any term or condition becomes invalid, illegal, or unenforceable, the remaining provisions will remain valid and enforceable.
Unless context requires otherwise, words denoting singular include the plural and vice versa. Words denoting masculine gender include feminine and neuter genders.
These Terms constitute the entire agreement between you and Above Technologies regarding your use of the Services.
You may not assign these Terms or any rights and obligations under them to any party not a party to these Terms.
Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Texas, United States, without regard to its conflict-of-laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Texas for any dispute that is not resolved through mediation as described below.
In the event of any dispute arising out of or relating to these Terms or the Services, the parties agree to first attempt in good faith to resolve it through confidential mediation administered by JAMS (or another mutually agreed-upon mediator) in Texas, under its then-current mediation rules. If the dispute is not resolved within sixty (60) days of a written request to mediate, either party may bring the matter before the courts identified above.
Contact us
If you have concerns or questions about the Services, your use of the Services, or these Terms, please email us at team@goabove.ai.
