TERMS OF SERVICE
Last revised: December 25, 2019
Binding Arbitration. These Terms of Service provide that all disputes between you and Company that in any way relate to these Terms of Service or your use of the Service will be resolved by BINDING ARBITRATION.ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Service (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement, for the details regarding your agreement to arbitrate any disputes with Company.
Company provides the Service on an “as is” and “as available” basis to lawful owners of a new, original Device (hereinafter “you”). You may not use the Service unless you lawfully own a Device and you may only use Devices that you own or otherwise have been given permission to use whenever you use the Service. Company reserves the right to improve and change the Service and any element thereof at any time, at Company’s sole discretion.
In order to use the Service, you will need to download and install the App. Company hereby grants you a non-exclusive, non-transferable, revocable, limited license to use the App and Company software related to the Service solely on devices that you own or manage. You represent and warrant to us that you have the right to install and operate the App on such devices you are using. You may not remove, obscure, modify or disable any proprietary notices of Company on any part of the Service. You may not use the Service for any purpose that is illegal or potentially harmful to another party, including Company. You may not sell, sublicense, assign or otherwise transfer the Service to any third party for any reason.
The App, all Content (defined below) within the App and any other material made available for download are the property of Company, or its licensors or suppliers, as applicable. The Service is protected by the United States and international copyright and trademark laws. The contents of the App, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the App (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Service or otherwise approved in writing by Company.
In connection with providing the Service, Company may elect to update the software of the App or Device at any time. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of software. You agree that Company may automatically deliver such updates to you as part of the Service and you shall receive and install them as required, and you acknowledge and agree that the Service, or portions thereof may not properly operate should you fail to do so. You further agree that all updates will be deemed part of the Service and will be subject to these Terms of Service.
The Service may contain or otherwise incorporate the use of portions of software being the sole property of third parties. Any such software is provided subject to the terms and conditions of such third party. Third party software used in connection with the Service may include, but is not limited to:
You acknowledge that the terms of any agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the Service with your smartphone or other mobile device. Consequently, you may be charged by your Mobile Provider, or any applicable third parties, for access to its/their network connection services while you are accessing the App. You accept responsibility for any such charges that arise.
You are prohibited from violating or attempting to violate the security of the Service, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using a Device, the App or any portion thereof without authorization or in a way that is unintended, in violation of these Terms of Service or in violation of applicable law. Unintended uses, including using the Service to track anything or anyone that is not a child, adult, or pet, may have you incur additional charges by the Company as well as your access to the Service being revoked.
You may not, and you agree that you will not permit any third party to, decompile, disassemble, or reverse engineer any object code that is part of the App, or attempt to reverse engineer, reconstruct, identify, or discover any source code of any such software, the structure, sequence, or organization of such source code or any algorithms, methods, or models contained therein.
Violations of security may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of any Device, the App or any activity being conducted on the App.
In order to use the Service, you must register and install the App. Access to the Service is limited requiring a user ID and password, or validated and authenticated email sign-in. You agree that all information about you (or your child, pet or loved one) that you provide to access the Service, and during use of the Service, is truthful, and you agree not to use any aliases or other means to mask your or your child’s, loved one’s or pet’s true identity. You agree that any email accounts used in connection with your access to and use of the Service belong to you and not any other person.
You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. If you suspect any unauthorized use of your user ID or your account, you should change your password and/or contact Company immediately.
Your access to the Service may be revoked by Company at any time with or without cause. You agree to defend, indemnify and hold Company harmless from and against all third-party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Company arising out of your breach of these Terms of Service or violation of applicable law, your use or access to the Service, or access by anyone accessing the Service using your user ID. For security purposes, transfer of any component of the Service or the Service in whole to another party, via a resale or otherwise, is strictly prohibited.
In addition to any right or remedy that may be available to us under these Terms of Service or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Service, at any time with or without notice in the event (i) you have breached these Terms of Service, (ii) such action is necessary to prevent harm to any party or liability to Company or (iii) a required payment with respect to your Service is delinquent. Additionally, notwithstanding any other provision of these Terms of Service, Company reserves the right to change, suspend, remove or disable access to any Content, features or other materials comprising a part of the Service at any time without notice. In no event will Company be liable for the removal of or disabling of access to any such Content, features or materials. By electing to gift a product to someone instead of receiving it yourself, you agree to give ownership of the Service to the gift recipient. After gifting, you will not be able to add the Service to your own B’zT application unless so authorized by the gift recipient.
In the event Service fees are listed in the App at an incorrect price due to typographical error, we shall have the right to refuse or cancel any orders placed for the Service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.
You acknowledge that the Service, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software in connection with the Service, you agree to abide by the applicable laws, rules and regulations – including, but not limited to the Export Administration Act and the Arms Export Control Act – and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By purchasing a Device, you agree that you will not use any such Device, or provide such Device to any person, who is forbidden from receiving the product under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury. U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You shall indemnify and hold harmless Company from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.
The Device is designed to endure the rigors of typical child activities but it is not possible to anticipate all the circumstances the Device may encounter, including outright abuse of the Device. If you observe any defects with the Device, such as cuts, tears, deformed housings, damaged or loose parts, etc. or notice unusual heating or swelling of the Device, then the Device should not be used and should be returned for warranty consideration or replaced to the extent provided for in Section 15 herein.
The Device is intended for use as a recreational location device. The Service is not a failsafe security system. The Service is not compatible with 911 or similar emergency telephone number or location systems. Therefore, proper safety precautions should always be used with children, despite the use of the Service.
You acknowledge and understand that from time to time the Service may be inaccessible or inoperable due to equipment malfunctions, periodic maintenance procedures, repairs or upgrades which may occur over time. You also acknowledge and understand that Service malfunctions may occur for reasons beyond Company’s control or which are not reasonably foreseeable, including, without limitation, interruption or failure of telecommunication or digital transmission links, including delays or failures due to your hardware, internet service provider, Mobile Provider, hostile network attacks, network congestion or other failures. You agree that we will not be liable to you or to any third party in the event the Service is inaccessible or malfunctions, or for any disruption in the Service. You also acknowledge and understand that the Service includes a cellular modem and antenna system that is built into a much smaller form factor than a typical mobile device. This smaller form factor may exhibit limited cellular radio coverage compared to the coverage of a typical cellular mobile device.
The Device is certified compliant with applicable FCC requirements for electronic emissions when used in the manner prescribed by the manufacturer. The included Attachment Guide highlights acceptable wear modes but in general the device should be positioned with the label side facing the user. A pre-order is a non-sales transaction guaranteeing reservation of the Device. Sales transaction will complete in full prior to delivery of the Device to the buyer.
Company warrants to the original purchaser of the Device at retail (the “Purchaser”) that the Device will be free from defects in workmanship or material appearing within 6 months from the date of purchase. This warranty may not be transferred to any subsequent buyer.
This warranty does not cover any Device failure caused by abuse, intentional damage, or use of the Device in violation of Company’s instructions.
As the Purchaser’s only remedy, and Company’s only responsibility, for any defect in the Device, Company will either, at Company’s option, replace the Device, repair the Device or refund the price paid by the Purchaser for the Device.
To make a claim under this warranty, the Purchaser must provide proof of purchase of the Device and make a written claim to Company using the contact details set out below, within 30 days of purchasing.
As a condition to receiving the remedy, the Purchaser may be required by Company, at the Purchaser’s expense, to return the Device to Company and to pay for any necessary return freight for a repaired or replacement Device.
For more information or to make a warranty claim, please contact:
1987 Powell Avenue
Bronx, New York 10472
Attention: Warranty Claims
There are no express warranties with respect to the Device other than the warranty set forth in Section 15 of these Terms of Service. ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THE EXPRESS WARRANTY IN SECTION 15. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE APP WILL BE CORRECTED. THE APP, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY APP-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE APP OR THE DEVICE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE APP AND RELATED SERVICES.
UNDER NO CIRCUMSTANCES, WHETHER FOR BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORT, OR ON ANY STRICT LIABILITY THEORY, WILL COMPANY BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO THE DEVICE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you.
COMPANY AND ANY THIRD PARTIES MENTIONED IN THE APP ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE APP, APP-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE APP, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS OTHERWISE PROVIDED IN SECTION 15, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, EXCEPT AS OTHERWISE PROVIDED IN SECTION 15, THE MAXIMUM AGGREGATE LIABILITY OF COMPANY TO YOU WITH RESPECT TO YOUR USE OF THE SERVICE IS $200 (TWO HUNDRED DOLLARS).
We will try to work in good faith to resolve any issue you have with the Service, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction. You and Company agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Service or your use of the Service, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Service and any other contractual relationship between you and Company. If you desire to assert a claim against Company, and you therefore elect to seek arbitration, you must first send to Company, by certified mail, a written notice of your claim (“Notice”). The Notice to Company should be addressed to: 2242 129th Street, 2nd Floor, College Point, NY, 11356 (“Notice Address”). If Company desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Company, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Company may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Company receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Service, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Service. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Service, including this arbitration agreement. Unless Company and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Company’s last written settlement offer made before an arbitrator was selected (or if Company did not make a settlement offer before an arbitrator was selected), then Company will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Service shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for New York, New York.
The following additional terms and conditions apply with respect to the Service if used on an Apple iOS-powered mobile device (“iOS App”): You acknowledge that these Terms of Service are concluded between you and Company only, and not with Apple. Company, and not Apple, is solely responsible for Company’s iOS App and the services and Content available thereon. You agree that your license to use the iOS App is limited to an Apple iOS-powered mobile device that you own or control and that your use of Company’s iOS App shall be subject to the Usage Rules set forth in Apple’s then-current App Store Terms of Service. You and Company agree that Apple shall have no obligation to provide maintenance and support services with respect to Company’s iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to Company’s iOS App. You agree that Company, and not Apple, is responsible for addressing any claims by you or any third party relating to Company’s iOS App or your possession and/or use of Company’s iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You agree that Company, and not Apple, is responsible for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to Company’s iOS App or your possession and use of Company’s iOS App. You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You and Company agree that Apple and Apple’s subsidiaries are third party beneficiaries to the terms of service applicable to Company’s iOS App. Upon your acceptance of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against you as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to the Service if used on an Android-powered mobile device (“Android App”): You acknowledge that these Terms of Service are concluded between you and Company only, and not with Google, Inc. (“Google”). Company, and not Google, is solely responsible for Company’s Android App and the services and Content available thereon. You agree that your use of Company’s Android App shall be subject to the then-current Android Market Terms of Service. Google Inc., as provider of the Android Market, shall have no obligation or liability to you with respect to Company’s Android App or these Terms of Service. You acknowledge and agree that Google is a third-party beneficiary to the Terms of Service applicable to Company’s Android App.
Company reserves the right, in its sole discretion, to terminate your access to all or part of the Service, with or without cause, and with or without notice. In the event that any of the Terms of Service are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect. These Terms of Service constitute the entire agreement between Company and you pertaining to the subject matter hereof. In its sole discretion, Company may from time-to-time revise these Terms of Service by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Service, so you are aware of any such revisions to which you are bound. Your continued use of the Service after revisions to these Terms of Service shall constitute your agreement to the revised Terms of Service. Certain provisions of these Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages within the App.
**Please note that all terms, conditions, policies and/or procedures are subject to change without prior notice.