Terms of Service

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Parties and Services:

This Agreement for tracking services (“Agreement”) is made between Amcrest Technologies LLC (“Amcrest ”) and the user of Amcrest’s Tracking Service (Customer). Amcrest provides asset location and tracking from the Internet https://amcrestgps.net via the network operations center servers and associated software (“Service(s)”). Services include a secure logon for accessing and tracking individuals and physical assets equipped with an Amcrest tracking device (“Device”) designed to send GPS positions and event notifications (Alerts). GPS tracking coverage is limited by the cellular coverage available from Amcrest’s network partners. Amcrest cannot guarantee the operation of the GPS tracking system in the event of natural or man- made disasters affecting the cellular network, Internet, or the Amcrest servers or their secure location.

Payment:

Upon activation of an Amcrest Device, Customer agrees to pay a monthly fee per asset for Amcrest Services, and to have a valid debit or credit card on file at the Amcrest Service website. Once provided, Customer authorizes Amcrest to charge Customer’s debit or credit card for Services and all amounts due under this Agreement without further notice. If payment is declined, Customer’s Services may be suspended or terminated without notice.

Rate Changes:

Amcrest may change the rates, fees, expenses, or charges for Service at any time. Amcrest will provide Customers with notice of such changes and, in the case of Service price increases, will notify Customer via Customer’s e-mail address on file with Amcrest, at least one (1) billing cycle in advance. In this instance Amcrest will permit Customer to cancel Services without an early-cancellation penalty providing Customer’s notice of cancellation is delivered to Amcrest within thirty (30) days of Amcrest’s notice to Customer reflecting the change. Customer’s continuing use of Services beyond thirty (30) day notice period will be deemed Customers express agreement to that amendment.

Subscription Cancellation and Refunds:

Other than as set forth above (30-Day Money Back Guarantee), no partial or prorated refunds for monthly Service will be provided. Charges for Service begin to accrue the day Customer’s Service is activated and continue to accrue until Service is cancelled, whether or not Service is used. Should Customer cancel Service at any time during a billing cycle, Customer will still be able to track their asset through the last day of the billing cycle. Should Services be terminated, there may be a charge to reactivate a Device(s). See https://amcrestgps.net/gps-activation/#/cancellation for cancellation request form. Returning a Device does not automatically cancel Service or prevent accrual of charges for Service. Although Amcrest will do its best to mitigate any new subscription charges, it is ultimately the customer’s responsibility for cancelling the subscription for each device returned. Customer will receive an email confirmation once a request to cancel Service is processed by Amcrest. Customer should save this confirmation, and should contact Amcrest to confirm cancellation if such confirmation is not received within 48 hours.

Account Information/Authorized Users:

It is Customer’s responsibility to maintain current and accurate account information, and to exercise diligence in protecting Customer’s username and passwords. Although Customer may share a password with Customer’s authorized users, Customer does at Customer’s own risk. Customer authorizes Amcrest to provide information about and to make changes to Customer’s account, including adding new service, at the direction of any person able to provide information Amcrest deems sufficient to identify Customer’s account and/or Customer’s authorized users.

Devices and Service Updates:

Amcrest may periodically program Customer’s Device remotely with system settings and other features that cannot be changed manually. Devices purchased for use on Amcrest’s service may not function on other services.

Amendments to Agreement:

Amcrest may amend the terms of this Agreement upon written notice to Customer. If Customer does not agree to the amendment, Customer may terminate this Agreement by providing written notice to Amcrest, by certified U.S. Mail, within fifteen (15) days of the date the notice was mailed by Amcrest. If Customer does not agree with the amendment but wants to continue services, Amcrest will continue to provide services for the term of the original Agreement provided Customer mails written notice to Amcrest within fifteen (15) days of the date the amendment was mailed by Amcrest. Except as specified above, Customer’s continued use of Services for more than fifteen (15) days after Amcrest mails notice of an amendment will be deemed Customers express agreement to that amendment.

Termination of Agreement:

Amcrest may terminate this Agreement at any time without notice if Amcrest ceases to provide service in Customer’s area. Amcrest may interrupt or terminate Customer’s service without notice for conduct that believed to violate this Agreement or any term and conditions of thereof, including but not limited to: a. failure to make timely payments. b. harassing/threatening/or behaving in a derogatory or unreasonable manner with any of Amcrest’s employees or agents c. interfering with Amcrest’s operation or using Services in any manner restricted by or inconsistent with the Agreement or applicable state or federal laws. d. breaching the Agreement, including Amcrest’s Policies e. providing false, inaccurate, dated or unverifiable identification or credit information, or becoming insolvent or bankrupt f. modifying a Device from its manufacturer specifications or g. any conduct which would endanger Amcrest’s interests, any Customer's interests or Amcrest’s network.

Unlawful Use:

Customer agrees not to use the Services or Device(s) for any unlawful or abusive purpose or in any way that would interfere with Amcrest its Services or the Device(s). Customer will comply with all laws while using the Services or Device(s) and will not transmit any communication that would violate any federal, state, or local law, court, or regulation. Resale of the Services or Devices is prohibited except by authorized Dealers. By using the Services and/or any Amcrest Device, Customer agrees to abide by the terms and conditions of any software license agreements applicable to any software associated with the Services or Devices. Attention: Laws and regulations regarding surreptitious usage of GPS tracking devices vary from state to state, and country to country. Customer is advised to seek legal counsel before utilizing a GPS tracking device in such a manner. Amcrest is not liable for any crimes or privacy violations committed by the Customer by using any Amcrest GPS tracking Device.

Unauthorized Use/Alteration of Device:

Customer may not program or otherwise alter any Device other than within the ordinary programmable parameters thereof. If any Device is stolen or Services are used fraudulently, Customer must notify Amcrest immediately and provide Amcrest with such information and documentation as Amcrest may request (including, without limitation, police reports, and affidavits). Amcrest has the right to interrupt Services or restrict service to any Device, without notice to the Customer, if Amcrest reasonably believes Customer’s device is being used in a fraudulent or unlawful manner. Customer will not, and will not allow its users, or agents to, directly or indirectly: reverse assemble, reverse engineer, undo or otherwise attempt to derive source code or underlying ideas or algorithms from the Amcrest Site or hardware, firmware, software or any component; copy, reproduce, modify, translate or create derivative works of the Amcrest Service, or any hardware, firmware, software or component; sell, lease, sub-license, market, distribute, assign or otherwise transfer rights to or commercially exploit in any way the Amcrest Service or any hardware, firmware, software or any component there of other than as expressly agreed to in this Agreement; remove any proprietary, copyright, patent, trade mark; design right, trade secret, or any other proprietary rights legends from Amcrest; disclose or grant access to any user credentials or access codes, the Amcrest Service or any component thereof to any third party, other than one to whom Amcrest has consented to in writing.

Prohibited System/Network Usage:

Data and messaging services and voice communications are provided solely for purposes of sending and receiving GPS tracking information, and programming or reprogramming functions of a GPS tracking device that is authorized by Amcrest tracking service through the Amcrest on-line interface. Any other use of data, messaging service, voice communications or of the SIM card provided by Amcrest, its parent company or subsidiaries or any of its distributors for any other purpose is strictly prohibited. Any use of Amcrest’s GPS trackers or SIM cards for an activity that connects any device to personal computers (including without limitation, laptops), voice communication devices (including without limitation cell phones) or other equipment for the purpose of transmitting or receiving voice communications, wireless data or messaging over the network or for any other reason that, in Amcrest’s sole discretion, violates Amcrest’s Services policy is strictly prohibited. Any alteration to Amcrest’s system or unauthorized automation of any of the features or functions or any Amcrest’s system in any manner other than for which it was designed or intended constitutes a violation or Amcrest’s Services policy. Amcrest will require any Customer violating Amcrest’s Services policy pay for any excess voice, data and messaging use and services associated with the unauthorized use. Device reporting in a manner consistent with Device or system alterations or tampering, or excess of use over-and-beyond the maximum amount that a Device is programmed to transmit or receive based on the Customers Service Plan will be sufficient evidence that unauthorized use of Services has taken place and the excess charges along with any Service fees will be charged to the Customer. An account administration fee of $50 will also be charged for each instance of abuse or misuse of voice, data or messaging services or unauthorized use of a SIM card provided by Amcrest, its parent company, subsidiaries or any of its distributors. To ensure the activities of some Customers do not impair the ability of other Customers to have access to reliable services provided at reasonable costs, Customer may not use Amcrest’s Services in a manner that is unlawful, infringes on intellectual property rights, or harms or unduly interferes with the use of Amcrest’s data provider's network or systems. Amcrest reserves the right, without notice or limitation, to limit data throughput speeds or quantities or to deny, terminate, end, modify, disconnect, or suspend service if Customer or Customer’s users, agents, or employees, engages in any of the prohibited device or data uses detailed below or if Amcrest, in its sole discretion, determines action is necessary to prevent unauthorized activity or to Amcrest’s provider's wireless networks from harm or degradation. Limitation of Liability: Important: These limitations of liability may constitute waivers of important legal rights. Customer acknowledges that these waivers are built in to the Service pricing offered by Amcrest, and absent these limitations, the pricing for Service would be substantially higher. In that regard and unless otherwise prohibited by law, Customer agrees: Customer uses the Device and Service(s) at Customer’s sole risk. Customer agrees that Amcrest is not responsible for acts or omissions of any other third party or service provider, for information provided through the equipment, for equipment failure or modification, for system failure or modification or for causes beyond the control of Amcrest. Customer agrees Amcrest is not liable for: a. service outages b. incidental or consequential damages such as lost profits. c. economic loss or injuries to persons or property arising from the Customer’s use of the Services, the devices or any other equipment used in connection with the devices unless caused by the sole and/or gross negligence of Amcrest. d. the installation or repair of the devices or e. any act associated with the proper exercise by Amcrest of rights under the privacy and/or unauthorized usage provisions of this Agreement. Customer acknowledges that no provider can guarantee that any data or information provided will be error-free and accepts all data and information on an as-is basis. Customer agrees that Amcrest is not liable for any errors or defects in the data and information provided by Amcrest’s Services.

Indemnification:

Customer, along with Customer’s heirs, successors and beneficiaries, agrees to defend, indemnify, and hold Amcrest and its affiliates harmless from claims or damages arising from Customer’s breach of this Agreement or the Customer’s statements made in this Agreement and (ii) the use of the devices or services unless due to sole and/or gross negligence by Amcrest or its affiliates. Customer agrees to pay reasonable attorney’s fees and all applicable costs incurred by Amcrest in enforcing this Agreement. This paragraph shall survive the termination of this Agreement.

Limitation of Action:

Except for actions arising in connection with Indemnification (above), neither Amcrest nor Customer may bring legal action with respect to this Agreement more than one year after the legal action accrues.

Warranties:

Except for actions arising in connection with Indemnification (above), neither Amcrest nor Customer may bring legal action with respect to this Agreement more than one year after the legal action accrues. Warranties: Except as required by applicable law, Amcrest makes no warranties, express or implied, regarding the Service(s) provided and disclaims any and all express or implied warranties, including, without limitation, any warranties of merchantability or fitness for a particular purpose. Amcrest does not authorize anyone to make any warranties on Amcrest’s behalf and Customer should not rely on any such statement. Amcrest does not guarantee, represent, or warrant that Customer’s Service will be uninterrupted or error-free; Customer agrees that from time to time Amcrest may remove the Service for indefinite periods of time or cancel Amcrest Service(s) at any time, without notice to Customer. Customer expressly agrees that Customer’s use of or inability to use the Amcrest Service is at Customer’s sole risk. The Amcrest Service and all products and Services delivered to Customer through the Amcrest Service (except as expressly stated by Amcrest) are provided ‘AS IS’ and ‘AS AVAILABLE.’

Assignment:

Amcrest reserves the right to assign this Agreement, and Amcrest’s rights and duties under the Agreement, in whole or in part, without such assignment being considered a material change to the Agreement. Amcrest will provide notice to Customer of any such assignment, and upon such notice, Customer agrees that Amcrest shall be released from all liability with respect to such rights or duties, or portions thereof. Customer may not assign this Agreement without prior written consent of Amcrest, which shall not be reasonably withheld.

Governing Law:

This Agreement is subject to applicable federal laws and the laws of the State of Texas.

Entire Agreement:

This is the entire Agreement between Amcrest and Customer and supersedes any oral or written promises made to the Customer. This Agreement may only be amended as described herein. If the terms of this Agreement conflict with or are inconsistent with the terms of any purchase order or document provided by the Customer, the terms of this Agreement shall control. If any part of this Agreement is found unenforceable or invalid, the balance of this Agreement shall remain intact.

Privacy Policy:

This is the entire Agreement between Amcrest and Customer and supersedes any oral or written promises made to the Customer. This Agreement may only be amended as described herein. If the terms of this Agreement conflict with or are inconsistent with the terms of any purchase order or document provided by the Customer, the terms of this Agreement shall control. If any part of this Agreement is found unenforceable or invalid, the balance of this Agreement shall remain intact. Privacy Policy: Customer privacy is important to Amcrest. Amcrest will never sell or loan a Customer’s personal information to third parties for marketing purposes. The personal information Customer furnishes online will be used to help Amcrest provide Amcrest’s Customers the highest quality products, services and support. Amcrest will not monitor, edit, or disclose any personal information about Customer or Customer’s Amcrest account, including its contents, without Customer’s prior permission, unless Amcrest has a good faith belief that such action is necessary to: a. conform to legal requirements or comply with legal process b. protect and defend the rights or property of Amcrest . c. enforce the Agreement or protect Amcrest's business or reputation, including upon termination, cancellation or suspension of this Agreement by Amcrest . d. respond to any request for identification in connection with claim of copyright or trademark infringement by you e. prevent imminent physical injury or harm to any person or prevent any suspected infringing, illegal or improper activity; in either of which event, such information shall be disclosed to any law enforcement agency making such request; or f. act to protect the interests of Amcrest’s Customers. Customer agrees that Amcrest may access Customer’s account, including its contents, as stated above or to respond to service or technical issues.