PinPoint Technologies Inc. (PPT) is committed to providing the highest customer service experience and standard for all customers. PPT customer service operate with dignity, independence, integration and equal opportunity. PinPoint and all of our employees put forth the best efforts to provide excellent service to all of our clients including those with disabilities, and will carry out our services and responsibilities in an transparent accessible manner.
DATE OF LAST REVISION: December 1, 2017
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE AND/OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Terms of Service Agreement
This Terms of Service Agreement (this “Agreement”) is made and entered into as of the date hereof (the “Effective Date”), by and
between PinPoint Technologies Inc. (“Company”) and the customer that purchases and/or uses the Company’s product and related services (“Customer”).
A. Company has developed GPS devices, Tracking and Monitoring platform, SIM cards, Cellular services that assist in receiving information, related to monitoring, and tracing people, including all children and adults (the “Product”).
B. Customer desires to purchase or receive the Product for the purpose of either: (i) using the Product; or (ii) if authorized by Company, providing the Product to its customers or other authorized third parties (which shall be defined as “Customers” for the purpose of this Agreement), including the related services, subject to and in accordance with the terms of this Agreement.
Now, therefore, the parties hereby agree as follows:
1. Sale and Use
Subject to the terms and conditions of this Agreement and the details of the purchase order sent to the Customer at the time of purchase (the “Order”), Company will sell the Product to Customer, for its personal use or, if authorized by the Company, for the personal use of its customers or other authorized third parties, as defined in this Agreement. The GPS Smartwatches that are sent to a customer are manufacture by PinPoint Technologies Inc. exclusive partners, and are new devices prepared for sale. If PinPoint Technologies Inc. have to replace a GPS Smartwatch for a customer, it might be re-manufactured and/or refurbished and in both cases will be fully covered by warranty. Customer is granted a limited, personal, non-transferable, non-exclusive, and revocable right to use the Product and related services.
2. Product Price and Monthly Services Plans
Customer pays a onetime payment for the GPS Smartwatch plus first month service plan. To continue to keep devices activated, customer will continue to pay monthly service fee for use of Cellular and Text messaging service. Company may change the terms of the plans and offer additional plans in the future. Payment for the Product is due on the Effective Date, and the first Month Service Fee shall be paid. Customer authorizes Company to charge the Service Monthly Fee after the customer has agreed to Company monthly service plan. Company may retry to charge a payment if previous attempts have failed. Customer, if applicable, will be responsible for, and will promptly pay, all taxes and duties of any kind (including but not limited to sales, use and withholding taxes) associated with this Agreement or Customer’s receipt or use of the Product and related services. The Company may change any terms, conditions, rates, fees, expenses, or charges of this Agreement at any time except during a pre-paid term.
3. Overage Fees
Your service may include unlimited domestic voice minutes and SMS messages.
Any use of international voice services are billed separately and are likely to be substantially higher.
Restrictions on Use Customer will not: (a) modify, alter or improve the Product; (b) rent, lease, license, loan, resell, transfer, distribute or otherwise make the Product or the related services available to any third party without the prior written consent of the Company; (c) reverse engineer the Product (or any component thereof), or decompile or disassemble any software or firmware components of the Product, or authorize a third party to do any of the foregoing; or (d) mortgage, pledge or encumber the Product in any way.
4. Product Warranty
Customer will use the Product only according to the instructions of Company. Upon delivery of Product to Customer or as otherwise directed by Customer, Customer assumes and will bear the risk of all loss or damage to the Product. The Products shall be covered under this warranty for a period of one year from the date of your purchase and as long as the Service Fee is timely paid and as defined in the Order, Company will repair or replace at no cost to the Customer any defective Software and /or Circuitry hardware parts of the Product, except in connection with unauthorized use, use not in accordance with instructions provided by the Company, loss, damage caused by Customer and water damage. If the Company replaces a Product for any reason, or as part of a promotion sale at discounted rates, the Company may provide Customer with a refurbished Product. In any event Customer will pay the associated costs of delivery and replacement batteries.
5. Cellular Function
The Product enables Customer to receive and transmit voice. Customer acknowledges and agrees that (i) Customer has the ability to operate such functionality remotely, including enabling and disabling such functionality; and (ii) Customer will use the Product and related services, including the voice functionality only according to applicable law, including privacy law. Customer waives any claim or demand against Company in connection therewith. Customer understands that the Company authorizes Customer to use the voice functionality in reliance upon this undertaking and waiver.
6. Feedback/Comment Ownership
Customer acknowledges and agrees that all feedback, comments, and suggestions for improvements that Customer provides to Company, if any (“Customer Feedback/Comment“) will be the sole and exclusive property of Company. Customer hereby irrevocably transfers and assigns to Company and agrees to irrevocably assign and transfer to Company all of Customer’s right, title, and interest in and to all Customer Feedback, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, “Intellectual Property Rights”) therein. At Company’s request and expense, Customer will execute documents and take such further acts as Company may reasonably request to assist Company to acquire, perfect and maintain its Intellectual Property Rights and other legal protections for the Customer Feedback. Customer acknowledges and agrees that, as between the parties, Company own all right, title, and interest in and to the Product and related services, including all Intellectual Property Rights therein, even if Company incorporates any Customer Feedback into subsequent versions of the Product. Customer will not earn or acquire any rights or licenses in the Product or in any Company Intellectual Property Rights on account of this Agreement or Customer’s performance under this Agreement.
Warranty Disclaimers Customer acknowledges that the Product is being provided “AS IS.” COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
7.1 No Warranty Company does not warrant that the services related to the Product and the Product will be uninterrupted, reliable, accurate, available, error free, and free from unauthorized access. Customer acknowledges and agrees that it should not rely on the Product or related services for any reason. Use of the Product and related services, including use of any analysis or information provided in connection thereto, by Customer or any third party shall be at Customer’s sole risk and liability.
Third Party Providers Customer acknowledges that certain services related to the Product are provided or dependent upon by third party providers (e.g. cellular operators). The Company is not responsible for any act or omission or the availability or quality of any products or services provided by such third parties. Coverage of cellular networks is limited and performance may be impacted by various factors. POOR CELLULAR COVERAGE, OTHER NETWORK PROBLEMS, OR LIMITED OR NO GPS RECEPTION MAY RESULT IN AN INABILITY TO USE THE PRODUCT AND RELATED SERVICES.
Customer’s devices text messaging and Internet access Fees, Fees charged by cellular or Internet providers in connection with access to the Product by Customer from Customer’s devices, including for internet access and receiving text messaging, shall be borne by Customer.
Use Customer acknowledges and agrees that the use of the Product and related services in connection with ALL adults and children does not create any liability of the Company towards such persons, and does not relieve the Customer from any such liability, if any. THE PRODUCT IS NOT A REPLACEMENT FOR REGULAR CONTACT WITH SUPERVISORS AND CAREGIVERS OR AN ALTERNATIVE MEANS OF SUPERVISION. AS WITH ALL LOCATION-BASED SERVICES, IT MAY NOT ALWAYS BE POSSIBLE TO DETERMINE THE EXACT LOCATION. THE PRODUCT MUST NOT BE MODIFIED IN ANY WAY. CUSTOMER IS RESPONSIBLE FOR TESTING THE PRODUCT REGULARLY.
Customer acknowledges that such persons may damage the Product or not operate it properly. Customer assumes the sole and complete liability for such use of the Product and related services and WAIVES any claim or demand against Company in connection therewith, and Company authorizes such use in reliance upon this waiver. FOR PROPER OPERATION, THE PRODUCT REQUIRES ADEQUATE CELLULAR COVERAGE. CUSTOMER UNDERSTANDS THAT THE PRODUCT NEEDS TO BE RECHARGED ON A DAILY BASIS. Use of the Product constitutes consent to the license terms associated with the Product and all related services. The Company has the unrestricted right, but not the obligation, to update, upgrade and supplement the services provided. Support services to the Product shall be provided as determined by the Company.
8. Limitation of Liability
IN NO EVENT WILL COMPANY BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE INSTALLATION OR USE OF OR INABILITY TO USE THE PRODUCT OR RELATED SERVICES OR FOR ANY ERROR OR DEFECT IN THE PRODUCT, INCLUDING INCORRECT DETERMINATION OF LOCATION, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE LIABILITY OF THE COMPANY SHALL BE LIMITED TO THE FEES PAID TO THE COMPANY BY THE CUSTOMER DURING THE 12 MONTHS PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. THE PARTIES HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN THE EVENT ANY LAWSUIT OR OTHER CLAIM IS FILED BY ANY OTHER PARTY AGAINST THE COMPANY OR ITS AGENTS, EMPLOYEES, AFFILIATES OR RELATED COMPANIES ARISING OUT OF THE PRODUCT OR RELATED SERVICES, THE CUSTOMER AGREES TO BE SOLELY RESPONSIBLE FOR, AND TO INDEMNIFY AND HOLD THE COMPANY COMPLETELY HARMLESS FROM, SUCH LAWSUIT OR OTHER CLAIM INCLUDING PAYMENT OF ALL DAMAGES, EXPENSES, COSTS AND ATTORNEYS’ FEES. THESE OBLIGATIONS WILL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. THESE OBLIGATIONS WILL APPLY EVEN IF SUCH LAWSUIT OR OTHER CLAIM ARISES OUT OF THE COMPANY’S NEGLIGENCE, FAILURE TO PERFORM DUTIES UNDER THIS AGREEMENT, STRICT LIABILITY, FAILURE TO COMPLY WITH ANY APPLICABLE LAW, OR OTHER FAULT.
9. Term and Termination
The initial term of this Agreement will be indicated in the Order. Unless terminated in accordance with its terms, this Agreement will automatically renew for successive terms of the subscription plan that is indicated in the Order.
Termination Either party may terminate this Agreement by written notice to the other party at least thirty (30) days prior to the termination of the applicable term, or a different notice period if indicated in the Order. If Customer terminates this Agreement prior to the end of the applicable term in a monthly subscription, Company may terminate this Agreement immediately upon written notice to Customer.
9.1 Refund Customer can request a refund for any reason within (30) days from the date of sale. Customer will receive a full refund of the original purchase price of the Product minus shipping and handling fees that has occurred. To be eligible for a refund, a Product must be returned with all related accessories and be in store new condition, PinPoint Technologies reserves the right to deny ALL refunds if the device have been damaged or altered in any way, if the device is found to be damaged due to customer negligence. No Refund will be issued. For all returns, including within (30) days, Customer will be responsible for the shipping costs.
Effect of Termination Upon any termination or expiration of this Agreement, Customer’s right to use the services provided by the Company in connection with the Product will automatically terminate.
10. General Provisions
Assignment Customer may not assign this Agreement, in whole or in part, by operation of law or otherwise, without the prior written consent of Company. Any attempted assignment without such consent will be null and of no effect.
Governing Law This Agreement will be governed by and construed in accordance with the laws of the State of Michigan (excluding its body of law controlling conflicts of law).
Severability If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such provision will be construed so as to be enforceable to the maximum extent permissible by law, and the remaining provisions of the Agreement will remain in full force and effect.
10.1 Waiver The waiver of any breach or default will not constitute a waiver of any other right here-under or of any subsequent breach or default. Notices All notices required or permitted under this Agreement will be in writing and delivered in person, by confirmed facsimile transmission, by overnight delivery service, or by registered or certified mail, postage prepaid with return receipt requested, and in each instance will be deemed given upon receipt. All communications will be sent to the addresses set forth below or to such other address as may be specified by either party to the other in accordance with this Section.
10.2 Entire Agreement This Agreement and the attached exhibits constitute the entire an exclusive agreement between the parties pertaining to the subject matter hereof, and supersede any and all prior agreements, communications, and understandings (both written and oral) regarding such subject matter. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties.
10.3 Counterparts This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.
10.4 Survival All provisions within in this entire agreement listed above will survive any Termination and/or Expiration of this Agreement.
PinPoint Techhnologies Inc. operates (www.pinpointsmartwatch.com). This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Site.
We use your Personal Information only for providing and improving pinpointsmartwatch.com. By using the Site, you agree to the collection and use of information in accordance with this policy.
12. Information Collection And Use
While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name "Personal Information). We do not sale nor share any of our clients personal information that has been collected.
13. Log Data
Like many site operators, we collect information that your browser sends whenever you visit our site "Log Data". The Log Data may include information such as your computer's Internet Protocol "IP" address, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
11. Privacy & Safety
If you are interested in partnering and/or selling the PinPoint Smartwatch, please contact our Sales Department at +1(888)765-3302.
14. Wholesale Inquiries
• Credit / Debit Cards
15. Payment Methods