Terms & Conditions

UNDERSTAND THE PRODUCT AND OFFER PRIOR TO PURCHASING. WE STRONGLY ADVISE THAT YOU READ THE TERMS AND CONDITIONS.

By placing an order through this website, you agree to the Terms and Conditions set forth below. Please read through these terms carefully before placing your order. Please print a copy for future reference. Please also read our Privacy Policy regarding personal information provided by you, which is incorporated herein by reference.

This Agreement is between Spytec GPS Inc. (referred herein as Company) and you ("you", "your" or "Customer") This Section sets forth the terms and conditions which apply to the use by you of the Company Sites (as defined below) and any other subscription product or service offered for sale by Company and/or its affiliates (collectively, "Company "). Company reserves the right to make changes to the Company sites, policies, and these Terms at any time without notice.

By using, accessing or ordering products from this Website, you hereby agree to all of the following terms.

Product Clarification & Use:
Spytec GPS Inc. as a company offers a variety of consumer-oriented products including but not limited to dashcams, Wi-Fi-enabled surveillance cameras, and location trackers for vehicles and other property. The company also builds and manages the software platform that supports its live GPS products through smartphones, tablets and computers. The GPS platform is accessible to those who have purchased a Spytec GPS tracker and subscribe to the company’s GPS service.


Spytec GPS:
The Spytec GPS platform is compatible with Windows and Apple computers. The app is free to use with an active GPS tracker plan. The software is designed to work exclusively with Spytec GPS-branded tracker models.

Return Policy:

Spytec GPS Return Rules & Restrictions
The company offers a 100% satisfaction guarantee. If you are not completely satisfied with your purchase, within 30 days of your purchase we'll give you a full refund, or the same amount in store credit—it’s your choice. We're committed to making sure you are totally satisfied with every product you buy from us and fully confident using each one!

GPS Service:
Though you cannot choose your own cellular carrier, the coverage associated with the device will be from a top-tier wireless carrier. There are no data overage fees. Your plan will be billed monthly to your credit or debit card. The monthly rate automatically adds in any applicable federal and state telecommunications taxes. You are not required to buy an annual plan. Spytec GPS includes a 30-day, no-hassle cancellation policy, but a partial month fee is nonrefundable. You will be able to reactivate a device’s plan in subsequent months.

All tracking plans include text and/or email alerts when the device leaves a geographic area you’ve specified. This area is termed a geo-fence. The Spytec GPS platform overlays its tracking data on Google Maps. The maps displayed on your computer or mobile screen will show the locations of your tracker or trackers and their speeds over time. You’ll be able to view a variety of custom reports based on your devices’ tracking data. Spytec GPS will store your tracking data for one year.

Each Spytec GPS device can be tracked from Spytec GPS software running on more than one computer or mobile device at the same time if the account holder shares login and password information with another user.
IMPORTANT: Use of a GPS tracking device and related tracking software are subject to various laws, ordinances and regulations, which may vary from state to state. Please consult with an attorney regarding such laws if you have any questions.

I agree that I am over 18 and shall be responsible for all use of this GPS device, and I shall, and any and all users of the GPS device that I am activating shall, at all times comply with all federal, state and local, or foreign, if applicable, laws, ordinances, regulations, and orders concerning the proper and legal use of the GPS device and related software and information. I understand that this device is not for critical, safety, or life-threatening situations. I shall indemnify and hold harmless Spytec GPS and its employees, owners, officers, agents, affiliates, successors and assigns, in connection with any breach or alleged breach of the foregoing.

You may return for exchange or refund within 30 days of purchase.


Spytec GPS Lifetime Guarantee
The Spytec GPS lifetime guarantee covers products purchased online or from an authorized retailer. Products under warranty qualify for an exchange with a valid receipt and an active subscription and is nontransferable. The warranty does NOT cover compatibility or functionality problems caused by the actions or technology of third parties.

SMS Communications

1. When you opt in to the Spytec GPS SMS program you will only receive transactional communications & communications regarding your account status.

2. You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will resume sending SMS messages.

3. If you are experiencing issues with the SMS program you can reply with the keyword HELP for more assistance, or you can get help directly at support@spytec.com or 1-877-212-7400.

4. Carriers are not liable for delayed or undelivered messages

5. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. You can manage the frequency of SMS communications sent to you in your account.

6. If you have any questions regarding privacy, please read our privacy policy: spytec.com/pages/privacy-policy

Billing Support

Toll Free Customer Care is available by phoning 1-877-212-7400, Monday-Saturday, 8am-6pm EST.

Terms of Service (TOS)

This Terms of Service is a legally binding agreement made by and between Spytec GPS and you, personally and, if applicable, on behalf of the entity for whom you are using this website (collectively, you). This TOS governs your use of this website and the services we offer on the Website (Services), so please read it carefully. BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS TOS. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE WEBSITE. INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS TOS AT ANY TIME. YOUR CONTINUED USE OF THE WEBSITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THIS TOS THAT MAY BE POSTED ON THE WEBSITE.
  1. Use of the Company Sites:
    The Company Sites contain links to other websites, resources and advertisers. Company is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall Company be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site's administrator or webmaster.

  2. Disclaimer of Warranty; Limitation of Liability:
    Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Company sites, nor for any offensive, defamatory or obscene posting made. Under no circumstances will Company be liable for any loss or damage caused by your reliance on information obtained through the content on the Company sites. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Company sites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, or lifestyle information, opinion, advice or other content.

    Spytec GPS Inc. is not responsible for misuse or illegal use of its GPS platform and products.

  3. Indemnification:
    You agree to defend, indemnify, and hold harmless the Company, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your misuse or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. If we do not hear from you promptly, we reserve the right to defend such claim or suit and seek full recompense from you.

    Billing Errors:
    If you believe that you have been billed improperly, please notify our Customer Service Department immediately. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.

    To manage your order, telephone: 1-877-212-7400.

    Shipping & Customs Fees for International Customers:

    When ordering, the recipient agrees to become the importer of record and is obligated to comply with all U.S. and foreign laws and regulations required for the country of import.

    All orders shipped internationally can be subject to import taxes, custom duties and fees levied by the destination country. As the importer of any goods, the importer is required to pay any duties, taxes, fees or expenses of the import. Additional charges for customs clearance are the responsibility of the importer. Spytec GPS is not liable for or assumes any responsibility for these fees.

    Note: these fees may not be included in any final total as these fees are accessed by the third-party and are not known to Spytec GPS Inc.

    Customs policies vary widely from country to country; you should contact your local customs office for more information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.

    Note: Some countries require identification or declaration from the importer. The importer is responsible for providing all necessary documentation to the appropriate authorities.

  4. Miscellaneous:
    This Agreement and all matters arising out of, or otherwise relating to, this Agreement shall be governed exclusively by the laws of the State of New York, excluding its conflict of law provisions. Venue for any matter arising from or related to this Agreement shall exist solely and exclusively in New York and the parties hereby submit to the personal jurisdiction of the state and federal courts sitting in the New York district of appeals.

    In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney's fees and costs incurred in connection therewith, including attorney's fees incurred on appeal. No waiver of or by the Company shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.

    The Company shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, spam, or any failure of a computer, server or software, for so long as such event continues to delay the Company's performance.

    All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement. This Agreement constitutes the entire agreement between the parties with respect to your access and use of the website and your ordering and use of the products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters. The Company reserves the right to change any of the provisions listed herein and you agree to review these Terms and Conditions each time you visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes your acceptance of such changes. The Company does not and will not assume any obligation to provide you with notice of any change to this document.

    Unless accepted by the Company in writing, these Terms and Conditions may not be amended by you.

Security
We utilize the Internet’s strongest security measures. Your personal financial information is transmitted over the Internet in a very safe and highly encrypted Secure Socket Layer (SSL) format by Stripe to ensure your safety and privacy. Stripe is the trusted provider of secure Internet services for the digital world.

Conditions of Use, Notices, and Revisions
If you choose to visit our Website, your visit and any dispute over privacy is subject to this Privacy Policy and our Terms and Conditions, including limitations on damages and application of the law. If you have any concerns about privacy on our Website, please contact us with a thorough description, and we will try to resolve it.

Our business changes constantly, and our Privacy Policy and the Terms and Conditions may change also. From time to time, we may revise this Privacy Policy to reflect industry initiatives, changes in the law or technology, or changes in our practices regarding information collection and use. If we make revisions to the way we collect or use personal data, we may provide notice of those changes by either: (1) announcing the change on the homepage of the site or (2) taking such other action as we deem appropriate under the circumstances, including without limitation, posting the revised draft of this privacy policy on the site. Any changes to this policy will become effective upon posting of the revised privacy policy on the Internet, accessible through the site. By continuing to use the site following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this privacy policy, as it may be amended from time to time, in whole or in part, please do not continue using this site.

 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
Spytec GPS Inc. (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, i f you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of GPS trackers and accessories. Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at support@spytecgps. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions. Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and 317 LABS, INC. or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in NY, NY before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Spytec GPS’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.