Terms of Service
Effective Date: June 17, 2022
Please read these terms and conditions carefully and completely before using Tracmo services that is owned and operated by Tracmo Inc. (hereinafter referred to as the “Tracmo” or “we” or “us”). By accessing and using the Tracmo services (the “Services”), including but not limited to Tracmo device (the “Product”), software app (the “App”), website, firmware, and cloud service, you accept and agree to be bound by the following terms and conditions (the “Terms of Service”) that is the binding agreement between you and Tracmo. You represent that you are of legal age or legal representative of a legal entity to accept and agree to be bound by this Terms of Service. If you do not agree to abide by this Terms of Service, please do not use the Services.
The contents herein Terms of Service, including but not limited to Privacy Policy and Warranty, are subject to change from time to time. We reserve the right, at its discretion, to update and change, from time to time, this Terms of Service. If there is any new update and/or change in Terms of Service, we will post a new version on Tracmo website at www.mytracmo.com (the “Site”). Your continued use of the Services after the update and/or change will signify your acceptance of any adjustment to these terms. You are therefore advised to re-read this Terms of Service on a regular basis.
Disclaimers
Since we constantly updating the information about the Services (the “Content”), we may experience delay in updating the Content on the Site and/or other sources that display any Content about the Services. Hence, the Content may not be the latest, accurate, and complete Content. Tracmo shall not be responsible or liable for the accuracy, omissions, or availability of the Content transmitted or made available regarding the Services, whether caused by users or by any of the equipment or programming associated with or utilized in the Services. Concurrent, Tracmo reserves the right to change or update the Content and to correct errors, inaccuracies, or omissions at any time without prior notice.
You understand that the Internet Service, which is with wireless or wired technologies, is not inherently secure and that communications can be intercepted by technology designed and intended for that purpose. Tracmo will not be liable to you or any other party for any lack of security that may result from your use of the service. You agree that you are responsible for providing security measures that are suited for your intended use of service. For example, you shall take full responsibility for taking adequate measures from safeguarding your data from loss.
Tracmo will use reasonable efforts to correct any discovered defects in the Services. However, your access to and use of the Services is at your own risk. Tracmo is not responsible for: (i) the conduct, whether online or offline, of any user of the Services; (ii) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or system communication; (iii) any problems or technical malfunction of any hardware and software due to technical problems on the Internet, at the Website, of the Product, or combination thereof, including any injury or damage to any person’s computer related to or resulting from participation or downloading materials in connection with the Services; (iv) manufacturer warranty of the hardware you are using without Tracmo firmware and/or software; (v) any loss or damage, including personal injury or death, resulting from use of the Services or from any Content posted on the website or transmitted to user, or any interactions between users of the Services, whether online or offline; (vi) the Content provided by, or the conduct of, any user and you bear the entire risk of using the Services and any interactions with other users.
THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOUR USE THEREOF IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRACMO DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS REGARDING THE SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. IMPORTANT: WITHOUT LIMITING THE FOREGOING, THE SERVICES ARE DESIGNED SOLELY TO HELP YOU LOCATE YOUR LOST PERSONAL ITEMS WITHIN A CLOSE PROXIMITY. THEY ARE NOT DESIGNED NOR DO THEY PROVIDE ANY REAL-TIME TRACKING CAPABILITIES. TRACMO DISCLAIMS ANY LIABILITY RESULTING FROM ANY USE OF THE SERVICES FOR ANY PURPOSE OR ANY SITUATION OTHER THAN THEIR INTENDED DESIGN. TRACMO DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE SERVICES WILL PERFORM AT A FOOLPROOF PERFORMANCE, OR WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR THAT DEFECTS WILL BE CORRECTED.
General Prohibitions
You are solely responsible for any activities of using with the Services.
PROHIBITED CONTENT
You agree that you will not post any prohibited content (the “Prohibited Content”). Prohibited Content includes Content that: (i) is offensive, defamatory or libelous, obscene, pornographic, vulgar, offensive or promotes discrimination, racism, bigotry, hatred, or physical harm of any kind against any group or individual; (ii) is bullying, stalking, harassing, abusive, violent or threatening or promotes violence or actions that are threatening to any person or entity; (iii) involves the transmission of junk mail, chain letters, or unsolicited mass mailing, or spamming; (iv) is fraudulent, false, misleading or deceptive or promotes, endorses or furthers illegal activities (v) involves the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18); (vi) except as expressly approved by us, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (vii) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (viii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; or (ix) otherwise violates this Terms of Service or creates liability for us. You represent and warrant that: (a) you own the Content posted by you on the Services and (b) your Content does not infringe, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights, other intellectual property rights, rights of publicity or privacy, or other rights of any person or entity. If you violate any of the foregoing, we reserve the right to remove or edit your Content in our sole discretion.
IMPROPER ACTIVITIES
You agree that you will not act improperly when you are using the Services. Tracmo has the right to monitor, intercept and disclose any transmissions over or using the Services, and to provide user information, or usage records, and other related information under certain circumstances (i.e. in response to lawful process, orders, subpoenas, or warrants, or to protect our rights, users or property). Examples of improper activities include but not limited to: (i) accessing, tampering with or use any unauthorized services or non-public areas of the Services; (ii) accessing, tampering illegally or without authorization Tracmo computer systems, accounts, equipments or networks belonging to another party, or attempting to penetrate security measures of other systems. This includes any activity that may be used as a precursor to an attempted system penetration, including but not limited to port scans, stealth scans or other information gathering activity; (iii) attempting to collect or maintain any information including but not limited to password or personal identifiable information about other users or other third parties for unauthorized purposes such as commercial purposes or unlawful purposes; (iv) interfering with, or attempting to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; (v) engaging in any activity that infringes or misappropriates the intellectual property, publicity, privacy or other proprietary rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party; (vi) using the Services for any commercial purpose or for the benefit of any third party; (vii) using the Services to track the location of, or collect any personally identifiable information from, any other person without their express permission; (viii) attempting to access or search the Services or Content or download Content from the Services through the use of any tool, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers; (ix) distributing any Internet viruses, worms, pinging, flooding, mail bombing, denial of service attacks, defects, Trojan horses or other items of a destructive nature; (x) using the Services in a manner that violates or promotes any and all applicable laws and regulations, including by stalking, harassing, abusing, or tracking others for unlawful or criminal or fraudulent purposes; (xi) transferring technology, software, or other materials in violation of applicable export laws and regulations, including but not limited to the U.S. Export Administration Regulations and Executive Orders; (xii) intercepting or interrogating the communication packets between the Tracmo’s hardwares and mobile devices or attempt to reverse engineer the Tracmo’s Bluetooth Low Energy profile or Tracmo’s protocol; (xiii) attempting to impersonate another user or person, including any of Tracmo’s employees or partners. (xiv) encourage or enable any other individual to do any of the foregoing.
Your Account
To participate in the Services, you must create a Tracmo account through Tracmo App or Tracmo Site. By creating a Tracmo account, you agree to take responsibility for any and all activities or actions that occur under your account and password, whether your password is with our Service or a third-party service. By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are eighteen (18) years of age or older or you have obtained the parental permission from a parent or guardian; (d) you are entirely responsible for maintaining the confidentiality of your account and your password. You agree to notify us immediately if you suspect any unauthorized use of your Tracmo account or access to your password. By using the Services, you agree not to: (i) use the Services in a manner that violates any applicable law or regulation; (ii) use the account or username or password of any other users at any time; (iii) allow someone else to use your account or username or password; (iv) sell, lend, transfer, or otherwise share your account, temporarily or permanently, with someone else without following the procedure provided by us. If you violate any of the foregoing, we reserve the right to issue you a warning, suspend, or even terminate your account (along with your ability to access and use the Services) in our sole discretion.
Privacy Policy
Please refer to Tracmo Privacy Policy (https://mytracmo.com/privacy-policy2022) for information on how Tracmo collects, uses and discloses information from the users.
Proprietary Rights
You acknowledge that all intellectual property rights in Tracmo’s Product, App, Site, and Services, including the underlying software and technology, the information and content available on our Services, are owned by Tracmo, and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws throughout the world. Except that Content that is owned by you, that is in the public domain, for which you have been given written permission, or as expressly permitted under this Terms of Service, you agree not to (i) modify, publish, transmit, distribute, perform, sell, or create derivative works based on the Content and Services; (ii) decompile, reverse engineer, or copy any Content (other than the Content you provide) or the services for which the source code is not provided to you.
YOUR CONTENT
You are responsible for any Content, including your personal story, comment, feedback, that you upload or post on or through the Services, and its legality, reliability, and appropriateness. You are solely responsible for creating backup copies of and replacing any Content you post or store on the services at your sole cost and expense. You should only upload or post Content that you create or have the right to use and publish. By uploading or posting any Content on the Services, you hereby grant to Tracmo an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sub-licensees) to store, reproduce, modify, and create derivative works of, and publish, distribute, transfer, transmit, display, and perform such Content in any and all media (now known or later developed), and other users of the Services throughout the world. No compensation will be paid with respect to the Content that you submit, upload, post, transmit or otherwise make available through the Services. Tracmo is not responsible for the Content you choose to provide or for any content or communications you receive as a result of sharing such information. You should only upload Content to the services that you are comfortable sharing with others under the terms and conditions set forth herein. To request removal of your Content from the Services, please contact Tracmo support at support@mytracmo.com.
THIRD PARTY TRADEMARKS
Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Google Play, the Google Play logo, and Android are trademarks of Google Inc. The Bluetooth® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc. and any use of such marks by Tracmo is under license. All other trademarks and trade names are properties of their respective owners.
Enforcement
Tracmo reserves the right (but not the obligation) to review any or all portions of your Content and delete (or modify) any of your Content from the Services for any reason, including if we believe, in our sole judgment, your Content violates this Terms of Service or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any user or any other person, or create liability for us or any user.
Tracmo reserves the right (but have no obligation) to investigate and take appropriate legal action in our sole discretion against you if you violate this provision or any other provision of this Terms of Service, including removing or modifying your Content from our Services, suspending or terminating your account and/or suspending or terminating the provision of our Services to you, reporting you to law enforcement authorities and/or taking legal action against you without prior notice or warning.
In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or Content that we consider necessary or appropriate, including your account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, your Content, and your conduct.
Services
TRACMO PRODUCT
System Requirements. Certain Services may not be accessible without :(i) a working WiFi network in your home that is positioned to communicate reliably with the applicable Tracmo Product; (ii) a Tracmo account; (iii) mobile clients such as a supported phone (required for some functionality); (iv) always-on broadband Internet access in your home; and (v) other system elements that may be specified by Tracmo. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You accept that the Services may not work as described if the requirements and compatibility have not been met.
YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. ANY MOBILE NOTIFICATIONS REGARDING THE STATUS AND ALARMS ON YOUR TRACMO PRODUCTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. YOU UNDERSTAND THAT INFORMATION PROVIDED BY TRACMO CANNOT BE USED AS AUTHORITATIVE SAFETY SOURCES.
TRACMO APP
Subject to your compliance with this Terms of Service, Tracmo grants you a limited non-exclusive, non-transferable license to download and install a copy of Tracmo software app. Tracmo reserves all rights in and to the App and Services not expressly granted to you under these Terms of Service. You may not: (i) copy, modify or create derivative works based on the App or Services; (ii) reverse engineer, decompile or disassemble the App.
When you download the App from the Apple App Store, Google Play or other app store or app distribution platform (the “Appstore”), you acknowledge and agree that: (i) These Terms of Service are concluded between you and Tracmo, and not with the Appstore, and that Tracmo (not the Appstore), are solely responsible for our App; (ii) The Appstore has no obligation to furnish any maintenance and support services with respect to our App or handle any warranty claims; (iii) The Appstore is not responsible for addressing any claims you have relating to our App, including product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that the App fails to conform to any applicable legal or regulatory requirement; (iv) The Appstore is a third party beneficiary of this Terms of Service and has the right to enforce this Terms of Service against you (as it relates to your license of Tracmo App through their Appstore). You must also comply with the Appstore’s terms of service when using Tracmo App.
TRACMO FIRMWARE
Tracmo offers developer firmware (the “Firmware”) for certain hardware. You agree that you are using the firmware, software, and files downloaded from us at your own risk and it may affect hardware performance and warranty. Tracmo is not responsible for software failure, performance impact, data loss, system configuration loss, and product warranty avoidance. You acknowledge that part of the firmware gets updated automatically. You agree to accept the automatic self-update without further notice.
TRACMO CLOUD USER
If you are using Tracmo device with Tracmo cloud (the “Cloud”) or if you are accessing to the Tracmo cloud API, you are a Tracmo cloud user. As a Tracmo cloud user, you agree to accept the Terms of Service to use the Service that is offered by us or other 3rd parties, including: (i) you agree to provide your truthful and accurate account information if you are asked to provide; (ii) you agree to accept information that is offered by us or our partners without blocking or obscuring it; (iii) you agree that some information, but not limited to registration information, click pattern actions, configurations, click events, triggered actions, location information, connection status, and information required by your requested actions, are used in the Cloud; (iv) you agree that we or our authorized partners can use the information you provide or authorize and your transactions with us or our authorized partners for service integration, utilization, and statistics; (v) you acknowledge that we reserve the right to charge for the Service subscription fee or discontinue the Cloud service if the Service is offered for free of subscription, upon notice to you at the then-current e-mail address stored in your Tracmo account; (vi) we will use reasonable efforts to ensure that the the Cloud service are available twenty-four hours a day, seven days a week. However, there will be occasions when the Cloud and/or Service will be interrupted for maintenance, upgrades, and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by us to minimize such disruption where it is within our reasonable control. You agree that Tracmo will not be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the Site or the Services.
THIRD PARTY LINKS
Our Services may contain links to content or services provided by third parties (“Third Party Links”). These Third Party Links are not under Tracmo’s control, and we are not responsible for their content, services, performance, operation, availability, business practices or policies. We provide these Third Party Links to you only as a convenience but we do not imply any endorsement or recommendation of their content or services, or of any association of us with such third parties. If you access any of these Third Party Links, you do this entirely at your own risk and any charges or obligations you incur in your dealings with these third parties, are your responsibility. The websites available through the Third Party Links are subject to their own terms and policies, including privacy and data gathering practices. We strongly advise you to read the terms and conditions and privacy policy of any Third Party Links that you visit.
SUBSCRIPTION FEES
You acknowledge that Tracmo reserves the right to charge for the Services and to change the subscription fees from time to time in our discretion, upon notice to you at the then-current e-mail address stored in your Tracmo account. Upon using the Services, you will be responsible for the payment of any applicable subscription fees, and shall pay such fees to us.
Termination
You can terminate your Tracmo account at any time by discontinue using the Service, deactivating your account, or by providing notice of termination to us. Tracmo reserves the right to terminate or suspend your account or your access to any or all portions of the Services at any time, without prior notice or liability, for any reason, including but not limited to your violation or breach of any provision in these Terms of Service. If your Tracmo account or access to our Services is terminated or suspended because you violated these Terms of Service, you will not be entitled to any refund of any subscription fees or payments and you will have no further right to access any of the foregoing or your account.
Upon termination, all rights and licenses granted to you in this Terms of Service immediately end. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from this Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Terms of Service, the Promotion rules will apply.
Indemnity
You agree to defend, hold harmless, and indemnify Tracmo, its partners, suppliers, licensees and licensors from and against any and all claims, suits, judgements, damages (actual and consequential), obligations, losses, liabilities, costs or debt, and expenses, including but not limited to litigation costs and attorneys’ fees, of every kind and nature, resulting from or arising out of: (i) your use and access of the Service, by you or any person using your account and password, or (ii) a breach of this Terms of Service. In such a case, Tracmo will provide you with written notice of such claim, suit or action.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EITHER TRACMO OR ITS PARTNERS, SUPPLIERS, LICENSEES AND LICENSORS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY NATURE, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY LOST REVENUES, LOST PROFITS, LOST DATA, LOST OF GOODWILL OR OTHER INTANGIBLE LOSSES, OR LOSS OF BUSINESS REGARDLESS OF THE CAUSE OF ACTION, AND WHETHER OR NOT FORESEEABLE. In addition, Tracmo and its partners, suppliers, licensees and licensors will not be responsible for any damages, losses, expenses or costs that customer suffers as a result of: (i) any loss or theft of items tracked by Tracmo; (ii) your access to or use of or inability to access or use the Service; (iii) any interruption or failure of the services or products; (iv) the downloading or use of any information, data, materials, or any Content obtained via the Services or from the Internet; (v) any failure to complete a transaction on the Internet or using the Services or any loss of data due to delays, non-deliveries, mis-deliveries, or service interruptions; (vi) anything beyond the reasonable control of Tracmo, including but not limited to any interruption or failure of a third party’s services, software, equipment or network; (vii) any unauthorized access, use or modification of services or products or combination of services or products with other services, products or equipment; (viii) viruses, worms, Trojan horses, or other undesirable data or software; or (ix) the attempt by unauthorized users (e.g., hackers) to obtain access to customer’s data, website, computers, or networks.
Governing Law
This Terms of Service shall be governed and construed in accordance with the laws of the Province of Ontario and the laws of Canada, without regard to or application of conflicts of law rules or principles. Tracmo failures to enforce any right or provision of this Terms of Service will not be considered a waiver of those rights. If any part of this Terms of Service is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of this Terms of Service will remain in full force and effect. This Terms of Service constitutes the entire agreement between us regarding the Service, and supersede and replace any prior agreements we might have had between you and Tracmo regarding the Service.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above exclusions or limitations may not apply to you.
Additional Terms
- Headings contained herein are provided for convenience and reference only. Headings in no way affect or limit the interpretation, contents, or terms of this Terms of Service.
- If there is any discrepancy between the Terms and Conditions of third parties and Tracmo Terms of Service, the latter shall prevail.
- Any provision of these conditions which is held invalid or unenforceable in a given jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereto, and any such invalidity or unenforceability in a given jurisdiction shall not invalidate or render unenforceable such provisions in any other jurisdiction.
- No failure or delay by Tracmo in exercising any right, power or privileges under this Terms of Service shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise of any right, power or privilege hereunder.