TERMS OF SERVICE and End User License Agreement
Welcome, and thanks for registering with Veriot™!
Veriot provides communication devices and location services to help you keep track of your belongings.
YOUR ACCESS AND USE OF THE VERIOT SERVICE IS SUBJECT TO (1) THESE TERMS OF SERVICE, (2) YOUR AGREEMENTS WITH THIRD PARTIES, SUCH AS YOUR WIRELESS CARRIER, APP STORE/PLATFORM OR DEVICE PROVIDER AND (3) ALL APPLICABLE LAWS, RULES AND REGULATIONS. YOU MUST BE AT LEAST 18 YEARS OF AGE, OR THE AGE OF MAJORITY IN YOUR PLACE OF RESIDENCE TO USE THE VERIOT SERVICE. BY ACCESSING OR USING ANY PART OF THE VERIOT SERVICE, YOU ACKNOWLEDGE THAT YOU ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT AGREE AND COMPLY WITH ALL OF THESE TERMS, YOU MAY NOT USE ANY PORTION OF THE VERIOT SERVICE.
Veriot Overview: The website, online service and mobile application (the “Veriot App”) and the mobile device (the “Veriot Device”, collectively the “Veriot Service”) are provided by Veriot, LLC (“Veriot”). You may not resell use of, or access to, the Veriot Service to any third party. You may only use the Veriot Service as described in these Terms of Service.
AT&T Airtime: The Veriot Device will operate when you activate the Device through the Veriot website. Veriot does not control the AT&T network nor the actions of AT&T. In no event shall Veriot be liable for the acts or omissions of AT&T or the operation of the AT&T service and you hereby release and discharge Veriot from any such liability. The AT&T service may not be available in all locations and at all times and interruption of the AT&T service may occur as a normal event due to various technical and geographic conditions. The AT&T service is only available in the United States and Puerto Rico. Veriot reserves the right to limit or cap data usage in excess of the average individual usage amount, in Veriot’s sole discretion.
Service Fees: Use of the Veriot Service will result in your incurring of fees, which you agree to pay. Recurring charges for the Veriot Service are charged in advance. You agree to provide correct and accurate billing information, such as a valid credit card.
Location Device / Emergency: The Veriot Service is intended for use as a location tracking device only, and it is not a failsafe security, emergency system OR LIFESAVING DEVICE. Therefore, proper safety precautions should always be used when engaging in any activity, despite the use of the Veriot Service. YOU SHOULD NOT RELY ON THE VERIOT SERVICE AS AN EMERGENCY DEVICE AND WE DO NOT GUARANTEE THAT USE OF THE VERIOT SERVICE WILL ALLOW LOST OR MISSING PEOPLE, PETS, VEHICLES OR ANY OTHER ASSET USED WITH THE VERIOT SERVICE TO BE FOUND. USE OF THE VERIOT SERVICE IS AT YOUR OWN RISK.
Not 911 Compatible: The Veriot Device itself is not compatible with 911 or any other emergency telephone number systems. Therefore, location notices from the Veriot Device will go to a designated recipient, but will not be placed or forwarded to emergency services personnel by Veriot.
Not Compatible with Accessibility Features: The Veriot Device is not designed to be compatible with telecommunications accessibility features or services such as TTY, audio prompts or similar features for those with certain disabilities.
Limited Warranty for the Device: Veriot provides a limited warranty to you (if you are the initial and original purchaser of the Device) that the Device is free from defects in materials or workmanship under normal use when used in compliance with the User Manual and the Veriot Service Terms of Service, for a period of one (1) year from the original date of purchase from an authorized Veriot reseller, subject to the limitations and terms of the warranty disclosure. You should read Veriot’s full warranty disclosure here www.veriot.com/legal/warranty. Veriot provides no warranty regarding the Veriot Service or the wireless service provided by AT&T or the Veriot App.
Veriot App License: In order to use the Veriot Service, you will need to download and install the Veriot App and agree to the associated Terms of Service. Veriot hereby grants you a non-exclusive, revocable, limited license to use the Veriot App solely on devices and web browser installations that you own or manage. You represent and warrant to us that you have the right to install and operate the Veriot App on the devices you are using. You may not remove, obscure, modify or disable any proprietary notices from Veriot, or its partners, on any part of the Veriot Service, including the Veriot App. You may not transfer this license to another party unless that party affirmatively accepts these Terms of Service. You may not use the Veriot Service for any purpose that is fraudulent, deceptive, illegal, improper, or harmful to another party (such as invading another’s privacy, or to offend, insult, or harass), including Veriot.
Veriot App Updates: Veriot may change, update, terminate, or otherwise modify the Veriot App or the software on the Veriot Device at any time, in our sole discretion and without advanced notice. If we do so, you may have to download a patch or new version in order to continue using the Veriot Service. In addition, you agree that we may, without providing additional notice to you, automatically install updates to the Veriot App or the Veriot Device.
Registration and Passwords: In order to use the Veriot Service, you must register with Veriot and install the Veriot App. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. All email accounts must belong to you and not any other person. You are responsible for the security of your password and will be solely liable and responsible for any use or unauthorized use under your account. You must take steps to ensure that no other person can access your account and If you suspect any unauthorized use of your user name, you should change your password and/or contact Veriot immediately at 1-844-483-7468 or via email to firstname.lastname@example.org. you may not transfer or share your account with anyone.
Accessories: The use of accessories from Veriot may be subject to additional term, in addition to these Terms of Service.
Termination of Access: In addition to any right or remedy that may be available to us, we may suspend, limit or terminate your account, or all or a portion of your access to the Veriot Service, at any time with or without notice in the event (1) you breach these Terms of Service and End User License Agreement, (2) such action is necessary to prevent harm to any party or liability to Veriot or the Veriot Service, or (3) AT&T changes or stops providing you with wireless airtime for the Device, which may render the Device inoperable.
Proprietary Rights: We are the exclusive owner or authorized licensors of the Veriot Service, including all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained therein. Without limiting the foregoing, you acknowledge that the Veriot Service is the exclusive property of Veriot, and that you will not take any act inconsistent with our ownership rights or that would damage our ownership rights. No part of the Veriot Service may be copied, reverse engineered, decompiled or modified, nor may derivative works be created based on the Veriot Service, without the prior written consent of Veriot. All rights not granted under these Terms of Service are reserved by Veriot.
Disclaimer of Additional Warranties: EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE SECTION ENTITLED “LIMITED WARRANTY FOR THE DEVICE”, ALL PARTS OF THE VERIOT DEVICE AND SERVICE ARE PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AND WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE VERIOT DEVICE OR SERVICE OR ANY MATERIALS OR CONTENT THEY CONTAIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE VERIOT DEVICE OR SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES.
VERIOT DISCLAIMS ALL LIABILITY FOR, OR WARRANTIES, FROM THIRD PARTY SERVICES OR PRODUCTS USED IN CONNECTION WITH THE VERIOT SERVICE, SUCH AS YOUR WIRELESS CARRIER, APP STORE/PLATFORM PROVIDER OR DEVICE MANUFACTURER.
IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states prohibit the limitation of warranties as set forth herein. If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability and your sole remedy for all claims under such circumstances for all liabilities, shall not exceed the greater of (1) the amount paid by you to purchase the Veriot Device from an authorized reseller or (2) one hundred dollars ($100).
Use of the Veriot Service, downloading of the Veriot App and use of the Veriot Device is done at your own risk and your own discretion. Your sole remedy, and Veriot’s sole obligations, are as set forth under the section entitled “Limited Warranty for the Device,” for you to stop using the Veriot Service or the dollar limitation set forth above.
Changes: We may change, suspend or terminate the Veriot Service at any time without notice. In addition, these Veriot Terms of Service may be changed at any time without prior notice. We will make such changes by posting them on the Veriot site located at www.veriot.com/legal/termsofservice and the changes will become effective ten (10) days after posting. You should check for such changes frequently. Your continued access and/or use of the Veriot Service after such changes conclusively demonstrates your acceptance of those changes.
Third Party Sites: The Veriot site and App may provide links to other sites and apps or provide links to other Third-Party webpages, software, material, and apps (“Third-Party Materials”). These Third-Party Materials are not under our control and you agree that Veriot is not responsible for your use or any aspect of those Third-Party Materials or the actions of the parties that own or control them. We provide these Third-Party Materials solely as a convenience and we offer no representations or warranties and their association with the Veriot Service should not be taken as an endorsement, approval or warranty of any kind, either express or implied.
Indemnification: You agree to indemnify, defend and hold Veriot, our directors, officers, employees and our representatives and agents (including the wireless carrier) harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorney fees and costs, arising from, or related to (1) any breach by you of these Terms of Service, (2) your use of the Veriot Device or Service or (3) a violation by you of these Terms of Service and any applicable law, rule, regulation, agreement, or obligation to a third party.
Release: YOU HEREBY RELEASE AND FOREVER DISCHARGE VERIOT, ITS SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, MANUFACTURERS, LICENSORS AND ALL OTHERS ASSOCIATED WITH VERIOT AND THE VERIOT SERVICE FROM ANY AND ALL RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, DAMAGES, OBLIGATIONS FEES, EXPENSES, COSTS, AND THE LIKE, OF ANY KIND WHATSOEVER, HOWEVER ARISING, WHETHER KNOWN OR UNKNOWN WHETHER EXISTING NOW OR IN THE FUTURE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE VERIOT SERVICE, THE VERIOT APP, AND THE VERIOT DEVICE.
Governing Law: Even though you may use the Veriot Service in any state and Puerto Rico, you agree that the laws of the State of New York shall govern these Terms of Service and, subject to the arbitration section below, YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE OF THE ARBITRATION FORUM IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR ACCESS OR USE OF THE VERIOT SERVICE OR VERIOT DEVICE. Any claims asserted by you in connection with the Veriot Service or the Veriot Device must be asserted in writing to Veriot within one (1) year of the date such claim first arose, or such claim is forever waived by you and barred. Notwithstanding the arbitration section below, Veriot may seek an injunction in a court of competent jurisdiction to the extent necessary to prevent any harm to any party or liability to Veriot. For any dispute not subject to arbitration, you submit to the personal and subject matter jurisdiction of the district court for the Southern District of New York.
Arbitration: You hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning, or arising out of these Terms of Service or the Veriot Service. The arbitration will be conducted before a single arbitrator at the AAA location in New York County, New York. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and us alone. Claims may not be joined on consolidated unless agreed to in a writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate a litigation or any other proceeding against Veriot in violation of this paragraph, you agree to pay Veriot’s reasonable costs and attorneys’ fees incurred in connection with its enforcement of this paragraph. The parties, arbitrators, and AAA shall treat the proceedings, discovery and decisions as Confidential, except as otherwise required by law. Either party may seek to enforce any written agreement reached by the parties during mediation, or to confirm and enforce any final award entered in arbitration, in any court of competent jurisdiction, provided that any party moving to enforce, confirm or vacate any such agreement or award, as the case may be, will file such motion under seal unless prohibited under applicable court rules.
Exception to Arbitration: We have the right to request an injunction in any state or federal court to stop the violation of any of these Terms and Conditions.
Class Action Waiver: Users agree that any action must brought against Veriot by individuals and not as a class action or any other representative action and you waive your right to file or participate in a class action.
Severability: If any part of these Terms of Service shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Service.
Waiver; Remedies: The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Service by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Service. Our rights and remedies under these Terms of Service shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
Export: You may not use or otherwise export or re-export the Veriot Service except as authorized by United States law and the laws of the jurisdiction in which the Veriot Service was obtained. In particular, but without limitation, the Veriot Service may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Veriot Service, you represent and warrant that you are not located in any such country or on any such list.
FCC: The Veriot Device complies with part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) The Veriot Device may not cause harmful interference, and (2) This device must accept any interference received, including interference that may cause undesired operation. This equipment complies with FCC RF radiation exposure limits set forth for an uncontrolled environment. For body-worn operation and use near the head, the Veriot Device has been tested and meets the FCC RF exposure guidelines when used with the wrist strap supplied with this product. Use of other accessories may not ensure compliance with FCC RF exposure guidelines. The maximum SAR value reported for body worn operation is 1.15 W/kg. The maximum SAR value reported against the head is 0.23 W/kg.
Third Parties: Platform providers, such as AT&T®, Apple®, Google® and other third-party carriers, platform or software providers and device manufacturers (“Platform Providers”) are not parties to these Terms of Service. Except as otherwise agreed in writing between you and the applicable Platform Provider, Platform Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the Veriot Service or the Device. To the maximum extent permitted by applicable law, Platform Providers will have no other warranty obligation whatsoever with respect to the Veriot Service or the Device. Except as otherwise agreed in writing between you and the applicable Platform Provider, You acknowledge that Platform Providers are not responsible for addressing any claims relating to the Veriot Service or your possession and/or use of the Veriot Service or the Device including, but not limited to: (i) product liability claims; (ii) any claim that the Veriot Service or the Device fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. We, not the Platform Providers, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim by the Veriot Service or the Device. Platform Providers are third party beneficiaries of these Terms of Service, and Platform Providers will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary thereof. You represent that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.
Entire Agreement: The Terms and Conditions and End User License Agreement contain the entire agreement between us regarding the subject matter, and supersede all prior agreements and understandings, oral or written, between the Consulting Firm and the Company with respect to the subject matter of this Agreement. If there is anything in or included in or with the Device, Website, or App that conflicts with or is inconsistent with these Terms and Conditions and End User License Agreement, these terms, conditions and licenses shall take precedence and govern.
Contact Information: Should you have any questions regarding these Terms of Service, to report a violation of these Terms of Service or abuse of the Veriot Service, to receive help in uninstalling the Veriot App or for any other matter, you may contact us at: 1-844-483-7468 or via email at email@example.com.