Privacy, Safety & Legal

1 Safety Disclaimer & User Responsibility

By using Occulert, you acknowledge and agree:

• Do not rely solely on Occulert — it may fail in poor lighting, face coverings, unusual angles, or device limitations.
• You are solely responsible for your safety and the safety of others at all times while operating a vehicle.
• If drowsy, stop driving immediately. Pull over safely and rest. No technology replaces this judgment.
• Occulert cannot physically intervene. All alerts are advisory only.
• Set up your device before your trip. Do not use the app in a distracting manner while driving.
• Occulert is in beta. False positives and false negatives will occur. This is a supplemental aid, not a certified safety system.
• Ensure your use complies with local laws regarding mobile device use while driving.
• Occulert does not contact emergency services and does not determine whether you are legally or medically fit to drive.

2 Assumption of Risk & Limitation of Liability

You use Occulert voluntarily and at your own risk. Driving is inherently dangerous, fatigue can be sudden and unpredictable, and software alerts can fail, be delayed, be inaccurate, or distract you if misused.

To the maximum extent permitted by applicable law, Occulert and its developer, affiliates, officers, directors, employees, contractors, licensors, service providers, and agents shall NOT be liable for:

• Personal injury, death, or bodily harm from use of or inability to use Occulert.
• Vehicle accidents, traffic violations, or related consequences.
• Indirect, incidental, special, consequential, or punitive damages including loss of data, revenue, or profit.
• Failure, inaccuracy, missed detection, or false alarms by the drowsiness detection system.
• Loss or unauthorized access to data stored locally or in cloud services.
• Third-party service failures including Google Firebase outages or breaches.
• Employment, insurance, licensing, fleet, regulatory, legal, or commercial consequences related to Occulert data.

3 No Warranty & No Professional Advice

Occulert is provided "AS IS" and "AS AVAILABLE" without warranty of any kind. We disclaim all warranties, including implied warranties of accuracy, reliability, merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, secure, available, or suitable for any safety-critical use. You use Occulert entirely at your own risk.

Occulert does not provide medical, legal, insurance, employment, transportation, regulatory, emergency, or professional advice. Any alert, score, report, GPS point, or fleet dashboard output is informational only and must be independently evaluated by the user or fleet operator.

4 Camera & AI Processing

We use your camera solely to detect eye openness and fatigue in real time. No live video is uploaded. No facial recognition data is stored, sold, or shared. Camera permission may be revoked at any time in your device settings.

5 Data We Collect

• Local device storage: Driver IDs, fatigue scores, alert counts, session duration, optional GPS, and preferences — stored in your browser, not automatically sent to any server.
• Fleet inquiry data: Name, company, email, phone, fleet size, and message — used only to respond to your inquiry.
• Analytics: Anonymous usage data (page views, app launches) not linked to your identity or camera data.

We do not sell, rent, or share personal data with third parties for marketing or advertising.

6 Location & GPS

GPS is optional and off by default. When enabled, we may record GPS coordinates, route points, speed, and trip distance — stored locally and, if cloud sync is enabled, uploaded to Google Firebase. You may deny GPS at any time. Core drowsiness detection works without location access.

7 Cloud Sync & Third Parties

When cloud sync is enabled, session data is stored in Google Firebase Firestore, subject to Google's Privacy Policy. You are responsible for your Firebase security configuration. Occulert is not liable for breaches from misconfigured third-party services.

8 Fleet Operators

By deploying Occulert in a fleet program, you agree to: obtain driver consent before collecting data; comply with GDPR, CCPA, CPRA, and applicable employment, labor, insurance, safety, and transportation laws; comply with DOT, FMCSA, Hours-of-Service (HOS), and workplace monitoring obligations where applicable; not use Occulert as the sole basis for discipline, termination, licensing, compensation, insurance, or safety-critical employment decisions; and acknowledge that Occulert is not a certified HOS, driver qualification, regulatory compliance, or emergency response system.

9 User Indemnity

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Occulert and its developer from claims, damages, losses, liabilities, costs, and expenses arising from your misuse of Occulert, violation of law, unsafe driving, fleet deployment, data collection practices, or breach of these terms.

10 Children

Occulert is for licensed drivers and fleet safety professionals. We do not knowingly collect data from children under 13 (or 16 in the EU). Contact hello@occulert.com if you believe a minor has submitted data.

11 Your Rights

You may have rights to access, delete, correct, or export your personal data, and to withdraw consent for optional data processing. Contact hello@occulert.com to exercise these rights. We respond within 30 days. EU residents have GDPR rights; California residents have CCPA rights.

12 Changes

We may update this document periodically. Continued use after changes constitutes acceptance. We will make reasonable efforts to notify users of material changes via the app or email.

13 Contact

We aim to respond to all privacy inquiries within 30 days.