Safety Disclaimer
Last updated: July 5, 2026
CRITICAL WARNING: Occulert is a supplemental prototype alerting tool ONLY. It does not guarantee crash prevention, cannot detect all drowsiness, impairment, distraction, or unsafe driving events, and must never be used as a reason to drive while tired, impaired, distracted, medicated, or unsafe. If you feel drowsy or unsafe, pull over immediately and rest or arrange other transportation.
⚠️ Not a Safety Device — Supplemental Tool Only
Occulert is an experimental, prototype-stage application. It is not certified, cleared, or approved by any regulatory authority including the U.S. Food and Drug Administration (FDA), the European CE marking body, the National Highway Traffic Safety Administration (NHTSA), the Federal Motor Carrier Safety Administration (FMCSA), the Department of Transportation (DOT), or any equivalent agency. It provides no safety guarantees and should not be relied upon as a safety device, medical device, emergency service, compliance tool, or professional advice.
- Occulert is not FDA-cleared or CE-marked
- It is not certified for commercial transportation or fleet use
- It has not been validated in peer-reviewed clinical studies
- Detection accuracy varies by user, device, and conditions
- Missed alerts and false alerts are possible at any time
- It does not determine legal fitness to drive or hours-of-service compliance
🚫Do Not Drive Drowsy
No app, wearable, alert system, or AI technology can safely substitute for adequate sleep and rest. If you feel sleepy, impaired, distracted, medicated, or unable to focus safely:
- Pull over in a safe, legal location immediately
- Rest, sleep, or arrange alternative transportation
- Do not continue driving until fully alert and rested
- Consult a physician if drowsiness while driving is frequent
Using Occulert does not reduce your personal duty to remain alert, obey all traffic laws, and stop driving whenever conditions are unsafe.
📱Detection Limitations
Occulert may fail to detect drowsiness or generate false alerts under many common conditions including:
- Poor lighting, glare, sunlight, or darkness
- Sunglasses, eyeglasses, or other eyewear
- Suboptimal camera angle or phone mounting
- Low camera quality or resolution
- Road vibration or vehicle movement
- Low battery or Low Power Mode on the device
- Partial face occlusion (hat, scarf, mask)
- Certain facial structures, skin tones, or medical conditions
- Rapid or sudden onset of sleep (microsleep)
- Browser, network, device, sensor, operating-system, or third-party service failures
🌐Browser and Device Limitations
As a web-based Progressive Web App, Occulert is subject to restrictions beyond the developer's control:
- The app may pause when the screen locks or the browser is backgrounded
- Camera access may be revoked by the operating system
- iOS and Android may restrict background operation in Low Power Mode
- Service workers may be terminated by the OS without warning
- GPS and location accuracy varies by device and environment
- Processing speed varies significantly between devices
Keep the screen on and the browser in the foreground at all times while using Occulert.
🚗Do Not Interact While Driving
Never look at, touch, configure, or interact with the Occulert application while the vehicle is in motion. Only start, stop, or change settings when:
- The vehicle is parked safely and legally
- The engine is off or the vehicle is stationary
- You are not in an active traffic or driving situation
🏢Fleet and Commercial Use
Fleet operators and employers using Occulert for driver monitoring programs must understand and accept the following:
- Occulert does not replace driver training, rest policies, or fatigue management programs
- Fleet operators remain solely responsible for FMCSA, DOT, and applicable regulatory compliance
- GPS tracking and cloud sync must only be used with driver consent and appropriate privacy policies in place
- Occulert should be used as one supplemental layer within a broader driver safety program
- Fleet operators assume all legal, regulatory, and operational responsibility for their use of this software
- Occulert does not provide legal compliance advice or guarantee regulatory adherence
- Fleet operators must not use Occulert as the sole basis for discipline, termination, licensing, insurance, compensation, or safety-critical employment decisions
🚨Emergency Guidance
If an Occulert alert triggers while driving:
- Keep both hands on the wheel and maintain control of the vehicle
- Signal and safely move to the rightmost lane when possible
- Exit the roadway or pull to a safe, legal stopping location
- Do not stop on a highway shoulder unless absolutely necessary
Occulert does not contact emergency services, law enforcement, or anyone else. In an emergency, call 911 (or your local emergency number) yourself or ask a passenger to do so.
⚖️Assumption of Risk and Limitation of Liability
You use Occulert voluntarily and at your own risk. You understand that driving is inherently dangerous, that fatigue can be sudden and unpredictable, and that 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 ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES ARISING FROM OR RELATED TO YOUR ACCESS TO, USE OF, MISUSE OF, INABILITY TO USE, OR RELIANCE ON OCCULERT, INCLUDING BUT NOT LIMITED TO:
- Vehicle accidents, collisions, or crashes
- Personal injury, death, or property damage
- Failure to detect drowsiness or generate an alert
- False alerts causing driver distraction
- Loss of driving privileges, fines, or legal penalties
- Employment consequences related to fleet monitoring data
- Data loss, inaccurate data, unauthorized access, service interruption, or third-party service failure
Your maximum remedy against Occulert for any claim is limited to the amount you paid directly to Occulert for the application in the 12 months preceding the claim, not to exceed USD $10.00. Some jurisdictions do not allow certain limitations, so some limitations may apply only to the maximum extent permitted by law.
📄No Warranty, No Professional Advice
Occulert is provided "AS IS" and "AS AVAILABLE", without warranties of any kind, express or implied, including warranties of accuracy, reliability, merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted operation, or error-free performance.
Occulert does not provide medical, legal, insurance, employment, transportation, regulatory, emergency, or professional advice. Any information, score, alert, report, GPS point, or fleet dashboard output is informational only and must be independently evaluated by the user or operator.
🛡️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 safety terms.
Legal Review Recommended: This page is intended to make Occulert's limitations clear, but it is not legal advice. Fleet operators, commercial users, and anyone using Occulert in a regulated setting should obtain independent legal, privacy, labor, insurance, and transportation compliance review before deployment.
Governing Law: These terms are governed by the laws of the State of California, United States, without regard to conflict-of-law rules. Any disputes shall be resolved in the state or federal courts located in San Francisco County, California, unless applicable law requires otherwise. By using Occulert, you agree to these terms and acknowledge that you have read and understood this Safety Disclaimer in its entirety.
📧Contact
For safety-related questions, concerns about detection accuracy, or to report a safety issue, contact us at:
hello@occulert.com
📊Detection Accuracy — Current Status
Occulert's eye-tracking model is in active development. The following reflects the current state of accuracy as of this version:
- Algorithm: MediaPipe FaceMesh Eye Aspect Ratio (EAR) with PERCLOS scoring
- Formal benchmarking: In progress — not yet validated against a peer-reviewed dataset
- Sensitivity control: Users can now adjust alert sensitivity (Low / Medium / High) to reduce false positives
- Known limitations: Accuracy degrades with glasses, poor lighting, non-frontal camera angle, or rapid microsleep onset
Formal accuracy benchmarking against the NTHU Drowsy Driver or DROZY datasets is on our roadmap. Updates will be reflected here as validation progresses.
🚗Pilot Fleet Program
Occulert is actively seeking real-world fleet pilot partners to validate performance in live driving conditions. Pilots are free in exchange for structured feedback.
- Rideshare drivers (Uber, Lyft)
- Delivery drivers (Amazon, FedEx, DoorDash, Instacart)
- Long-haul truckers and owner-operators
- Small fleet operators (10–50 vehicles)
Interested in participating? Contact us at fleet@occulert.com. Pilot participants receive direct developer access and early feature access.
Important: Pilot use does not change the limitations or disclaimers on this page. Occulert remains an assistive prototype regardless of pilot status.