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eFINDER SAFETRACK 
Terms of Service
 
Effective Date: September 17, 2024
Welcome to eFINDER SAFETRACK! We’re excited to have you with us. These Terms of Service provide essential information about the eFINDER SAFETRACK Service and the rules that govern your use of it.
As you read these terms of service, keep in mind that it applies to the websites, mobile apps, and other associated services (“Services”) provided by IOT WHOLESALE, LLC a Florida corporation. Your use of the eFINDER SAFETRACK Service is subject to these Terms of Service. When you accept these Terms of Service during our enrollment process or when you access or use the eFINDER SAFETRACK Service, you are indicating that you have read, understand, and agree to be bound by these Terms of Service. If you do not agree with any of these Terms of Service, then you should decline these Terms of Service during our enrollment process or other methods we make available to you. You are not permitted to access or use any of the Services if you do not accept these Terms of Service.
 
PLEASE REVIEW THIS AGREEMENT CAREFULLY TO ENSURE YOU FULLY UNDERSTAND EACH SECTION, AS IT CONTAINS ESSENTIAL INFORMATION ABOUT YOUR LEGAL RIGHTS, AVAILABLE REMEDIES, AND OBLIGATIONS. IT INCLUDES VARIOUS LIMITATIONS ON THE DAMAGES YOU MAY SEEK FROM US AND OUTLINES INDEMNIFICATION DUTIES YOU MAY OWE US. ADDITIONALLY, THIS AGREEMENT FEATURES A MANDATORY ARBITRATION CLAUSE THAT, UNLESS PROHIBITED BY APPLICABLE LAW, REQUIRES DISPUTES TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE NOTE THAT CERTAIN TERMS, WARRANTIES, AND SERVICES DO NOT APPLY TO USERS OF THE SERVICES OR DEVICE OUTSIDE OF THE UNITED STATES, AS DESIGNATED HEREIN. 
 
BY ACCESSING OR USING THE SERVICE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS AGREEMENT.
 
1.     PRIVACY POLICY
IOT WHOLESALE, LLC takes your privacy very seriously. The complete eFINDER SAFETRACK Privacy Policy is available within the eFINDER SAFETRACK app and on our website at eFINDERgps.com. The Privacy Policy describes the information collection and use practices applicable to the eFINDER SAFETRACK Service. Privacy-sensitive users of wireless communications are cautioned that the privacy and/or security of any information sent via wireless cellular communications cannot be assured. Third parties may unlawfully intercept or access transmissions and private communications without your consent. To stop the eFINDER SAFETRACK device from collecting and transmitting data to us, you must uninstall the hardware from your vehicle and disable the tracking feature within the app.
 
2.    SERVICE FEATURES
The eFINDER SAFETRACK Service offers a variety of features, including but not limited to:

  • Location Tracking: Track the location of people, vehicles, and things. People tracking requires the eFINDER SAFETRACK to be installed and activated. Vehicle and things tracking require hardware sold through our sales channels.

  • Safety Notifications: Alert family or friends with an SOS button in the app via the eFINDER SAFETRACK app. Receive speeding alerts, place alerts (geo zones), curfew alerts, aggressive driving alerts, driving scores, and start and end trip alerts.

  • Sharing: Users can share vehicles and things to create their own location tracking system. They can also share their own location using the app.

  • Reports: Access reports on driving habits, driving scores, events, etc.

Certain features are specific to hardware models. Not all features are available on every model.
These service features are offered by us, our affiliates, or other third parties, including wireless carriers, equipment and software makers, distributors, licensors, dealerships, content providers, and any other entities that supply services, equipment, content, features, or facilities related to the eFINDER SAFETRACK Service (our "Service Partners"). The Service Partners involved in providing or supporting these features may change over time. Additionally, we may update or modify the materials and features available through eFINDER SAFETRACK, with any changes being reflected on our website.
 
3.    PEOPLE–FINDER 
To register for eFINDER SAFETRACK Services, an individual must create and manage their own account or provide their child's information during the registration process. You may access and use the Products and Services only if you can legally enter into a binding agreement with eFINDER SAFETRACK and comply with all relevant laws and regulations.
Children under the age of thirteen (13) are not allowed to create an account for the Service unless explicit parental consent is provided, in line with the legal age requirements in your region.
By granting permission for a child to use the Service, parents or guardians agree to: (i) take full responsibility for supervising the child’s use of the Services, ensuring compliance with this Agreement and applicable laws, (ii) bear full responsibility for the child’s adherence to the Agreement and use of the Services, and (iii) accept any disclaimers, waivers, and liability limitations outlined in this Agreement on behalf of both themselves and the child. The Service is not available to users who have previously been removed from the platform.[CB1] 
 
4.   VEHICLE DIAGNOSTICS 
Our device monitors your vehicle's on-board systems and provides any Diagnostic Trouble Code(s) (DTC(s)) and related details that may correspond to a warning light activation. This feature is made available through data gathered by the eFINDER SAFETRACK Service, assuming the device is properly installed in your vehicle. Please note that any DTC information provided by the eFINDER SAFETRACK App is solely for informational purposes and is not designed to prevent mechanical or performance issues with your vehicle. You acknowledge that the eFINDER SAFETRACK Service does not cover all DTCs or report every condition that may impact your vehicle's performance. Furthermore, in line with the other limitations of liability stated in these Terms of Service, you agree and understand that eFINDER SAFETRACK is not responsible for any mechanical or performance issues related to your vehicle.
Also keep in mind that certain features are specific to hardware models. Not all features are available on every model.
 
5.    LOCATION-BASED SERVICES 
The Device requires GPS service to ascertain your precise location. GPS coverage may not always be available in all places or. Should GPS location data not be available, eFINDER SAFETRACK may not be able to provide your precise location for any applicable Service Features. Some service features rely on tracking your vehicle’s location. These features are made available through data collected by the eFINDER SAFETRACK Service while the device is correctly installed in your vehicle. The data gathered by the eFINDER SAFETRACK Service may include details about your vehicle's usage, operation, location, performance, speed, braking, and other driving behaviors. By enrolling in the eFINDER SAFETRACK Service, you consent to eFINDER SAFETRACK collecting this information as part of the service.
IN ADDITION TO OTHER PROVISIONS IN THESE TERMS OF SERVICE RELATED TO OTHER USERS, IT IS YOUR RESPONSIBILITY TO INFORM ANYONE WHO USES OR OCCUPIES YOUR VEHICLE THAT THE LOCATION AND DATA COLLECTION FEATURES ARE ACTIVE AND ALLOW YOU TO ACCESS INFORMATION ABOUT THE VEHICLE, INCLUDING ITS LOCATION.
The eFINDER SAFETRACK Service provides regular updates on route details. Please be aware that under normal circumstances, it may take a few minutes for location-based information from your vehicle to be transmitted to the eFINDER SAFETRACK App. If the device loses wireless service, no data will be transmitted until wireless data coverage is restored.
 
6.    CRASH DETECTION AND NOTIFICATION 
The Teltonika devices with the required firmware and configuration are equipped with sensors and utilize software to detect events related to vehicle impacts. When these sensors and software identify a qualifying vehicle impact event (a "crash"), the event will be displayed in the eFINDER SAFETRACK App.
PLEASE NOTE THAT CRASH DETECTION AND NOTIFICATION MAY NOT BE AVAILABLE IN CERTAIN CIRCUMSTANCES, SUCH AS WHEN THE eFINDER SAFETRACK DEVICE IS DAMAGED, DISLODGED, OR WHEN CELLULAR OR OTHER SIGNALS ARE UNAVAILABLE OR INTERMITTENT. IF THE DEVICE LOSES WIRELESS SERVICE, NO DATA WILL BE TRANSMITTED.
While the device's sensors and software are designed with care to detect impact events that may indicate a motor vehicle accident, it is important to recognize that not all vehicle impact events will be classified as accidents. Some detected impacts may not signify a motor vehicle accident. For example, events such as hard closures of doors, the trunk, cargo areas, the engine hood, connecting or disconnecting trailers, or shifting cargo can trigger impact detections that might be reported as a crash.
Additionally, while reasonable care has been taken in designing the messaging system to notify designated contacts in the event of a crash, there are no guarantees that these notifications will always reach the intended contacts.
 
IMPORTANT LIMITATIONS TO UNDERSTAND
·       Not all detected impact events will be classified as a crash.
·       Some detected impact events may not appear in the eFINDER SAFETRACK App.
·       Not every detected impact event will trigger a notification.
·       The alert messages may not always be received by the designated recipient(s).
 
7.    SUBSCRIPTION AND PAYMENT TERMS
If you choose to use Subscription Features, you agree to the pricing and payment terms presented at the time of your subscription. eFINDER SAFETRACK may introduce new features with additional fees or modify the fees for existing services at our sole discretion. Any adjustments to our pricing or payment terms will apply only to you and will take effect in the billing cycle following at least 30 days' notice of such changes.
eFINDER SAFETRACK is not responsible for any mobile data usage incurred while using the Services. For questions related to billing, please consult your service provider, as data rate charges and limits may apply.
Subscription details are managed through the Apple and Google App stores. The subscription is billed monthly in advance. The specific subscription price, applicable taxes, fees, and payment terms will be disclosed to you before you purchase the subscription. Your subscription with us will automatically renew until you cancel it.  
 
PEOPLE-FINDER FREE TRIAL
When you sign up for a People-Finder license, you may receive a 30 days free trial period ("Free Trial"). Some features may be restricted during this period at eFINDER SAFETRACK’s discretion (e.g., Vehicle tracking may not be available). You can cancel anytime during the Free Trial to avoid charges. Account type changes can be made before or after the Free Trial ends. 
If you don’t cancel before the Free Trial ends, your selected plan will be automatically charged. Since subscriptions can only be purchased through the Apple App Store or Google Play Store, all cancellations must be managed through the respective app store. Please note that refunds are also handled directly by the app store, and eFINDER SAFETRACK does not control the refund process. 
By starting the Free Trial, you agree to be charged the subscription fee at the end of the trial, and for future billing periods, using your provided payment details. 
 
8.    REQUIREMENTS FOR THE SERVICE
To fully utilize all the eFINDER SAFETRACK features, you are required to download the eFINDER SAFETRACK Mobile Application, available for iOS (iPhone) and Android phones. Additionally, a web app is accessible via app.eFINDERgps.com, though it may not offer the same features as the mobile app. To use the Service Features of the eFINDER SAFETRACK App, you need to create a user account and password and provide certain information about your vehicle. Users must confirm the associated primary email account. You cannot register for or use the eFINDER SAFETRACK App if you are under 13. Accounts that you can establish with eFINDER SAFETRACK may give you access to the functionality of the Products and Services that we may modify from time to time in our sole discretion.
When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your account. 
The Service offers a plan associated with OBD II device models that utilizes an on-board diagnostics device that plugs into your vehicle's on-board diagnostics port (“OBD II”). The device must be installed in your vehicle to receive the benefits associated with it.
 
9.    USER CONTENT
Certain areas of eFINDER SAFETRACK Services allow users to upload or post content, such as profile information, images, text, comments, and messages (referred to as “User Content”). This content does not include data collected from your device. eFINDER SAFETRACK does not claim ownership over your User Content. It remains yours; however, by sharing it on the platform, you agree to the license terms below and allow others to view, edit, or share your User Content, as permitted by your settings and this Agreement. eFINDER SAFETRACK reserves the right to remove any User Content at its discretion.
You are responsible for interactions with other users. While we may monitor disputes, we are not obligated to do so and hold no liability for interactions between users.
·      You agree not to post User Content that:
·      Could harm any person or property.
·      Exploits children or solicits personal information from them.
·      Is illegal, or contributes to illegal activity.
·      Contains harmful, abusive, or offensive material.
·      Violates any third-party rights, such as privacy or intellectual property.
·      Disrupts other users or alters content posted by others.
·      Includes unauthorized promotions, advertisements, or solicitations.
You affirm that your User Content does not violate any third-party rights and that eFINDER SAFETRACK is not responsible for User Content posted by you or others. We may access and disclose your information as needed to comply with legal obligations or to protect the integrity of our services.
 
10. LICENSE GRANT
By posting User Content on eFINDER SAFETRACK, you grant us a royalty-free, sublicensable, transferable, perpetual, and non-exclusive license to use, reproduce, modify, and distribute your User Content, as well as your name or likeness, in connection with the services provided.
 
11.   MOBILE SOFTWARE
eFINDER SAFETRACK offers software designed for mobile devices (“Mobile Software”). To use it, you need a compatible device. eFINDER SAFETRACK grants you a non-exclusive, non-transferable, revocable license to use the Mobile Software for personal use on one account. You may not modify, reverse engineer, rent, sell, or transfer the Mobile Software, and you must not bypass its security features. Any upgrades to the software may occur automatically, and this Agreement covers all such updates.
This license is not a sale of the Mobile Software, and eFINDER SAFETRACK retains all rights to it. Attempts to transfer your rights under this agreement are void. eFINDER SAFETRACK may include third-party code, which is governed by the applicable license.
If you use the Mobile Software outside the U.S., you are responsible for complying with all applicable export laws.
 
·      APPLE APP STORE SOFTWARE
If you acquire Mobile Software from the Apple App Store (“Apple-Sourced Software”), this Agreement is between you and eFINDER SAFETRACK, not Apple. Your use of the Apple-Sourced Software must comply with Apple’s Terms of Service. Apple is not responsible for support or warranty claims related to the software. If an issue arises, Apple will refund the purchase price, but any other claims must be directed to eFINDER SAFETRACK.
Apple is not liable for any claims related to product liability, legal compliance, or intellectual property, and eFINDER SAFETRACK is responsible for handling such claims. Apple is a third-party beneficiary of this Agreement and can enforce its terms.
 
·      GOOGLE PLAY STORE SOFTWARE
For Mobile Software acquired from the Google Play Store (“Google-Sourced Software”), this Agreement is between you and eFINDER SAFETRACK, not Google. Your use must comply with Google’s Play Store Terms of Service. Google is only the provider of the platform and is not responsible for the software or this Agreement. Google is a third-party beneficiary of this Agreement and can enforce its terms.
 
12.  COMMUNICATIONS
By providing your email, you consent to receive Service-related notifications and updates from eFINDER SAFETRACK, including promotional offers where permitted. You may opt out of promotional emails by unsubscribing.
 
13.  LIMITATIONS OF THE SERVICE 
The availability of certain features in the eFINDER SAFETRACK service may be limited by the make, model, and year of the vehicle, as well as the location of the services provided. Information retrieved from the vehicle can differ based on these factors, potentially restricting access to some service features. Additionally, certain features and services are not available outside of the United States. The eFINDER SAFETRACK Service, which supports eFINDER SAFETRACK is available in the continental United States (excluding U.S. territories), Canada, and Mexico, but not all services are accessible everywhere, particularly in remote or enclosed areas or on all vehicles always. The service relies on wireless communication networks and the GPS satellite network, requiring the vehicle to be in an area with adequate coverage, network capacity, and reception for proper functionality.
 
14. UNFORESEEABLE EVENTS
Various circumstances beyond our control may hinder or delay our ability, or that of our affiliates or Service Partners (or other third parties), to provide the eFINDER SAFETRACK Service to you, or may affect the quality of the Service received by you or your vehicle. These circumstances include, but are not limited to, atmospheric, geographic, or topographic factors (such as buildings, hills, or tunnels); improper installation of the device; incompatibility of the device with your vehicle; damage to or failure to maintain your vehicle in proper working condition in line with these Terms of Service or applicable laws, rules, or regulations; severe weather conditions; failures, congestion, or outages in utility or wireless networks (including interruptions to wireless service); as well as events such as war, natural disasters, labor strikes, or other unforeseen forces beyond our, our affiliates', and our Service Partners' (or other third parties') control.
If any of these circumstances prevent or interfere with our ability to provide the Service to you, we may, at our discretion, suspend or terminate the Service or cancel your subscription, without notice and without liability. Furthermore, neither we, our affiliates, nor our Service Partners (or other third parties) will be responsible for any failures, interruptions, delays, or impairments of the Service or the device due to these causes.
 
15. NOT INSURANCE 
The Service is not an insurance product and eFINDER SAFETRACK (as well as its Service Partners) is not an insurance company. The Service does not insure you, your property, your vehicle, or anyone else. You are responsible for obtaining appropriate and applicable insurance on you, your property, your vehicle, or anyone else.
 
16. ADDITIONAL TERMS APPLICABLE TO USE OF THE eFINDER SAFETRACK APP
You agree that these Terms of Service, along with any additional terms of use or service provided by eFINDER SAFETRACK (such as terms presented when you download the eFINDER SAFETRACK App), collectively apply to you and any other users of the App. Any data usage incurred when downloading and using the App or accessing the Website through a mobile browser will be billed according to the service plan you have with your wireless carrier. It is recommended that you utilize the security features available on your mobile device or any other Internet-enabled device, such as passwords and encryption, to prevent unauthorized access and use of the App.
 
17.  MODIFICATION OF TERMS OF SERVICE
eFINDER SAFETRACK reserves the right to modify these Terms of Service (including the Privacy Policy and any other documents or policies referenced within these Terms) from time to time. We may also discontinue a service feature, in whole or in part, if required by law, regulation, or rule, in which case you may cancel your eFINDER SAFETRACK Service. If legally required, we will notify you in advance of any such changes. Otherwise, we may notify you by posting an updated version of these Terms of Service within the App. Please visit the “Terms of Service” and “Privacy” sections in the menu for the most current product and service details, as well as the latest Terms of Service.
If you disagree with any changes to these Terms of Service, you may not continue using the eFINDER SAFETRACK Service, and you can cancel your use of the Service as described in these Terms. Your continued access to or use of any eFINDER SAFETRACK Services after the changes take effect signifies your acceptance of the modified Terms of Service. However, if we make changes to any dispute resolution provisions within these Terms of Service, such changes will not affect the resolution of any disputes that arose before the changes were made.
 
18. PROHIBITED USES
You agree to refrain from engaging in any of the following activities with eFINDER:
·      Reproducing, distributing, transmitting, dismantling, reverse-engineering, publicly displaying, republishing, licensing, selling, or revealing any part of the Services by any means, including the use of automated or manual “scraping” methods, or creating altered versions of the Services.
·      Attempting to uncover the source code, algorithms, methods, or processes used within the Services or developing any derivative works based on them or incorporating the Services or portions of it into another program or product.
·      Undertaking actions that, at our discretion, place an excessive or unreasonable burden on our infrastructure, or using automated tools such as "bots," "crawlers," or "offline readers" to access the Services in a manner that generates more requests than a person could manually perform with a typical web browser or mobile app.
·      Sending unsolicited communications, such as spam, chain letters, or in-app messages.
·      Uploading harmful data, including viruses, worms, or other malicious software.
·      Collecting or harvesting personal information from the Services, such as account names or other identifying data.
·      Pretending to be someone else or misrepresenting your relationship with a person or entity, committing fraud, or concealing your identity.
·      Disrupting or attempting to disrupt the normal operation of the Services, compromising the security of the system, or attempting to decipher communications between eFINDER’s servers and users.
·      Accessing any part of the Services using methods or technologies not authorized by eFINDER.
·      Attempting to bypass security measures designed to limit access to the Services, including but not limited to bypassing age verification systems, parental controls, or providing false information about your age, country, or location.
·      Encouraging behavior that restricts or interferes with others’ use of the Services, or engaging in conduct that could potentially harm eFINDER, its users, or expose them to legal liability.
·      Violating or promoting the violation of this Agreement or any laws or regulations, including those pertaining to human trafficking, stalking, credit card fraud, data protection, intellectual property rights, or the privacy and publicity rights of others.
 
19.  TERMINATION AND CANCELLATION
You may cancel your subscription from the App Store in Apple devices and Google Store in Android devices. If you cancel, you will not be refunded for any unused portions of prepaid subscription charges. IOT WHOLESALE LLC reserves the right to terminate your access to or use of the eFINDER SAFETRACK Service if you breach these Terms of Service.
We may, without prior notice, modify the eFINDER SAFETRACK Services, discontinue providing certain features, or impose usage limits, either to improve performance or security, to comply with legal requirements, to prevent illegal activities or misuse, or if we can no longer offer certain elements of the Services (for example, if a third-party provider ceases to supply them). If you disagree with any of these changes, you have the option to terminate your relationship with us at any time by closing your account.
We may also permanently or temporarily suspend or terminate your access to the eFINDER SAFETRACK Services by contacting Apple or Google without notice or liability if, in our reasonable opinion, (i) you materially or repeatedly violate any terms of this Agreement, or (ii) for any reason beyond our control or if we decide to discontinue the Services. In most situations, we will attempt to notify you in advance before suspending or terminating your access to the Services, unless we reasonably believe that such notice would expose eFINDER SAFETRACK or another person to legal liability, compromise an investigation, disrupt the operation of any eFINDER SAFETRACK products, services, or systems, cause harm to our users, or violate the law or directives from law enforcement authorities.
 
20.                  WARRANTY AND LIMITATIONS OF LIABILITY
IOT WHOLESALE LLC offers a 6-month warranty for defective manufacturing issues. For warranty service, contact support@eFINDERgps.com. This limited warranty is in lieu of and IOT WHOLESALE LLC expressly disclaims, to the extent permitted by law, any other warranties, express or implied, with respect to the eFINDER SAFETRACK and the eFINDER SAFETRACK Service, including without limitation, any warranty of merchantability, accuracy, noninfringement, satisfactory quality, or fitness for a particular purpose.
 
21.  COMMUNICATION AND NOTICES
For customer support, contact support@eFINDERgps.com. Legal notices should be addressed to:
IOT WHOLESALE LLC
Legal Department
1430 S Dixie Hwy Ste 310
Coral Gables, FL 33146
USA
22. GOVERNING LAW AND ARBITRATION
These Terms of Service are governed by federal law and the laws of the State of Florida, excluding its conflict of law provisions. Any dispute that arises under these Terms of Service will be resolved by arbitration as set forth in the Arbitration section of the eFINDER SAFETRACK terms.
 
23.ENTIRE AGREEMENT 
This Terms of Service document (including the Privacy Policy, and any other documents or policies referenced within these Terms of Service) represents the complete and exclusive agreement between you and us. It replaces all previous agreements, communications, or representations, whether oral or written, made between us, whether past or present. eFINDER SAFETRACK is not liable for any statements, agreements, representations, warranties, or covenants, whether oral or written, including any statements made by third parties or by sales or support representatives, regarding the device or the Service provided to you under these Terms of Service or your subscription, unless such statements, agreements, representations, warranties, or covenants are explicitly included in these Terms of Service.

24.GUEST ACCOUNT

1.⁠ ⁠Guest Account Usage
Users can access certain features of the application without creating an account through the TRY eFINDER NOW option.
This account is temporary and is associated with the device on which it was created.

2.⁠ ⁠Linking with an Email
Users can choose to link their Guest Account to an email address at any time.
When doing so, all data, settings, and preferences stored in the Guest Account will be retained when linking an email.
Once linked, the account can be accessed from other devices using the associated email and password.

3.⁠ ⁠User Responsibility
Users are responsible for linking their Guest Account to an email address if they wish to retain their information in case of a device change.
We are not responsible for any data loss if the user does not link their account before uninstalling the application or changing devices.

4.⁠ ⁠Privacy and Security
Guest Account information is handled with the same security standards as registered accounts.
By linking an account, the user agrees to our privacy policies and data processing according to our established terms.


 
© 2024 IOT WHOLESALE, LLC • All Rights Reserved

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