PEARL Terms of Service
Last Updated: 01/12/2019License
Subject to your compliance with these Terms, GPS of Things, Inc. grants you a limited non-exclusive, non-transferable license to download and install a copy of our software app (the "App") on a single mobile device that you own or control and to run such copy of the App and use our Services solely for your own personal non-commercial purposes. We reserve all rights in and to the App and Services not expressly granted to you under these Terms. You may not: (i) copy, modify or create derivative works based on the App or Services; (ii) distribute, transfer, sublicense, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App or Services available to multiple users through any means.
Downloading Our App
When you download our App from the Apple App Store, Google Play or other app store or app distribution platform (an "App Store"), you acknowledge and agree that:
- These Terms are concluded between us, and not with the App Store, and that we (not the App Store), are solely responsible for our App.
- The App Store has no obligation to furnish any maintenance and support services with respect to our App or handle any warranty claims.
- The App Store is not responsible for addressing any claims you have relating to our App, including product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that our App fails to conform to any applicable legal or regulatory requirement.
- The App Store is a third party beneficiary of these Terms and has the right to enforce these Terms against you (as it relates to your license of our App through their App Store). You must also comply with the App Store's terms of service when using our App.
In order to use certain features of our Services, you must have an account with us. By creating an account, you represent that (a) all required information you provide is truthful and accurate; (b) you are of legal age to agree to these Terms; and (c) your use of our Services does not violate any applicable law or regulation or these Terms. You are responsible for maintaining the confidentiality of your password and for any and all use of your account. You should notify us immediately if you suspect any unauthorized use of your account or access to your password. You may not (a) use the account or username of any other user; (b) allow someone else to use your account or username; or (c) sell, lend, transfer, or otherwise share your account, temporarily or permanently, with someone else. If you violate these Terms, we reserve the right to issue you a warning, suspend or even terminate your account (along with your ability to access and use the Services).
Payments
We may allow you to purchase GPS of Things, Inc. hardware products ("Products") through our Services. We may also require that you purchase a subscription to use certain features of the Services (a “Premium Membership”). By purchasing Products or a Premium Membership (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to provide additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment methods represented by Payment Information that you provide us. You acknowledge and agree that we have no liability with respect to any act or omission by your payment provider. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
Premium Membership
If you purchase a Premium Membership, you will be charged a subscription fee, plus any applicable taxes and other charges (a “Subscription Fee”), at the beginning of your Premium Membership, and at the start of each billing period thereafter, at the then-current Subscription Fee. You may elect to pay your Subscription Fee on a monthly basis (a “Monthly Subscription”), or on an annual basis (an “Annual Subscription”). If you choose a Monthly Subscription, we (or our third-party payment processor) will automatically charge you each month on the anniversary of the commencement of your Monthly Subscription, using the Payment Information you have provided until you cancel your Monthly Subscription. If you choose an Annual Subscription, we (or our third-party payment processor) will automatically charge you annually on the anniversary of the commencement of your Annual Subscription, using the Payment Information you have provided until you cancel your Annual Subscription. If you have an Annual Subscription, we will send you a reminder at least thirty (30) days prior to each renewal with the then-current Subscription Fee. We reserve the right to change our Subscription Fees for Monthly and Annual Subscriptions. We will provide you advance notice of any increase in the Subscription Fees applicable to your Premium Membership. You may change your Monthly Subscription to an Annual Subscription, or your Annual Subscription to a Monthly Subscription, by contacting us via http://www.getpearlapp.com, if you signed up on getpearlapp.com, or via the applicable App Store where you downloaded the App, if you signed up through the App. If you change your Monthly Subscription to an Annual Subscription, or your Annual Subscription to a Monthly Subscription, your billing date may also change. If you change from a Monthly Subscription to an Annual Subscription, on your next billing date, you will be charged the then-current Subscription Fee for an Annual Membership, and your Annual Subscription will renew on an annual basis. If you change from an Annual Subscription to a Monthly Subscription, at the next renewal date for your Annual Subscription, you will be charged the then-current Subscription Fee for a Monthly Membership, and your Monthly Subscription will renew on a Monthly basis.
Cancellation of a Premium Membership
YOUR PURCHASE OF A PREMIUM MEMBERSHIP IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND AT ANY TIME. But if something unexpected happens in the course of completing the Transaction for your purchase of a Premium Membership, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Premium Membership at any time, but please note that such cancellation will be effective at the end of the then-current Monthly or Annual Subscription period. If you signed up on getpearlapp.com, you may cancel your Premium Membership by logging into your account at https://www.getpearlapp.com/ and selecting “Cancel Subscription.” If you signed up through the App, you may cancel your Premium Membership via the applicable App Store where you downloaded the App. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current subscription period. If you cancel, your Premium Membership will continue until the end of your then-current subscription period and will then terminate without further charges.
Free Trials
We may offer you a free trial period at the start of your Premium Membership (a “Free Trial Period”). The Free Trial Period for your Premium Membership will last for the period of time specified when you signed up. When you try our Premium Membership through a Free Trial Period, you must create an account and provide your Payment Information. By accepting a Free Trial Period, you agree that, at the end of the Free Trial Period, you will be charged the then-current Subscription Fee for a Monthly or Annual Subscription, as specified in the offer for the Free Trial Period, and at the start of each subsequent billing period. You authorize us to charge you using the Payment Information you provided when you accepted the offer for the Free Trial Period. We may validate your Payment Information and the payment method you provided by requesting a temporary authorization to the financial institution that issued your payment method. If we determine that your Payment Information or payment method is invalid, we may revoke your Premium Membership and terminate your Free Trial Period. You may cancel your Premium Membership, as described in these Terms, at any time before the end of the Free Trial Period. You will not be charged a Subscription Fee after you cancel your Premium Membership.
Privacy
Please refer to our Privacy Policy (https://www.getpearlapp.com/) for information on how we collect, use and disclose information from our users.
Alerts and Notification
As part of the Services we provide, you may (if enabled) receive push notifications, text messages, alerts, emails, or other types of messages directly sent to you outside or inside the App ("Push Messages"). You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services (with the possible exception of infrequent, important service announcements and administrative messages). Please be aware that third party messaging fees may occur for some of the Push Messages depending on the message plan you have with your wireless carrier.
Content You Provide
You are responsible for the content, such as any text, images, and other material and information, that you upload or post on or through our Services (your "Content"), and its legality, reliability, and appropriateness. You should only upload or post Content that you create or have the right to use and publish. By uploading or posting your Content you give us the right and license to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, and use your Content in connection with providing our Services. You agree that we can also make your Content available to other users of the Services, who may view and/or use your Content, subject to these Terms.
Enforcement
We have the right (but not the obligation) to review any or all portions of your Content and delete (or modify) any of your Content from our Services for any reason, including if we believe, in our sole judgment, your Content violates these Terms, or that we believe threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action, including removing your Content from our Services (or modifying it), suspending or terminating your account and/or suspending or terminating the provision of our Services to you, and/or reporting you to law enforcement authorities, if you violate any provision of these Terms. In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, your Content, and your conduct.
General Prohibitions
You agree not to do any of the following:
- Use the Services or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Use the Services to track the location of, or collect any personally identifiable information from, any other person without their express permission;
- Intercept or "sniff" the communication packets between the GPS of Things hardware and mobile devices or attempt to reverse engineer the GPS of Things Bluetooth Low Energy profile or GPS of Things protocol;
- Access, tamper with, or use non-public areas of the Services, GPS of Thing's computer systems, or the technical delivery systems of GPS of Things's providers;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Attempt to access or search the Services or Content or download Content from the Services through the use of any tool, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by GPS of Things, Inc. or other generally available third party web browsers;
- Submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- Violate any applicable law or regulation, including by stalking , harassing , or tracking others for unlawful or criminal purposes.
- Encourage or enable any other individual to do any of the foregoing.
It is our policy to remove, or disable access to, material that infringes any copyright on our Services after we have been notified by the copyright owner or the copyright owner's legal agent. If you believe that your work has been copied and posted on through our Services in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- an identification of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on our Services;
- your address, telephone number, and e-mail address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
GPS of Things, Inc.
1702L Meridian Ave #154
San Jose, CA 95125
Third Party Links
Our Services may contain links to content or services provided by third parties ("Third Party Links"). These Third Party Links are not under our control, and we are not responsible for their content, services, performance, operation, availability, business practices or policies. We are providing these Third Party Links to you only as a convenience but we do not imply any endorsement or recommendation of their content or services, or of any association of us with such third parties. If you access any of these Third Party Links, you do this entirely at your own risk and any charges or obligations you incur in your dealings with these third parties, are your responsibility. The websites available through the Third Party Links are subject to their own terms and policies, including privacy and data gathering practices.
Ownership
You acknowledge that all intellectual property rights in our Products, App and Services, including the underlying software and technology and the information and content available on our Services, are owned by us and our suppliers (including other users), and are protected by law throughout the world. If you provide any suggestions, ideas, feedback, or recommendations to us regarding our Products, App or Services ("Feedback"), we may use this Feedback for any purpose and without any obligation to you. By providing us with Feedback, you give us a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit in any manner any and all Feedback.
Termination
You can terminate your account at any time by deactivating your account or by providing notice of termination to us. We reserve the right to terminate or suspend your account or your access to any or all portions of the Services at any time, for any reason, including your violation or breach of any provision in these Terms. Upon termination, all rights and licenses granted to you in these Terms immediately end. If your account or access to our Services is terminated or suspended because you violated these Terms, you will not be entitled to any refund of any fees or payments and you will have no further right to access any of the foregoing or your account.
GPS of Things, Inc. Hardware Limited Warranty
GPS of Things, Inc. may offer a warranty for your Product. For information about the warranty that may apply to your Product, and warranties related to a Premium Membership, please visit https://www.getpearlapp.com/.
ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS ARE LIMITED TO THE DURATION OF THE APPLICABLE EXPRESS WARRANTY. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, ARE DISCLAIMED. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.
Disclaimer of Warranty for App and Services
We will use reasonable efforts to correct any discovered defects in the App or Services. However, your access to and use of our App and Services is at your own risk. We are not responsible for the content provided by, or the conduct of, any user and you bear the entire risk of using the App and Services and any interactions with other users. Our App and Services are provided on an "AS IS" and "AS AVAILABLE" basis and we do not represent, warrant, or guarantee that the App and Services will be provided uninterrupted, error-free, virus-free, or that defects will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES REGARDING THE APP AND SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IMPORTANT: WITHOUT LIMITING THE FOREGOING, THE APP AND THE SERVICES ARE DESIGNED SOLELY TO HELP YOU LOCATE YOUR LOST PERSONAL ITEMS (SUCH AS KEYS, WALLETS, AND BACKPACKS) WITHIN A CLOSE PROXIMITY, PROVIDE NOTIFICATIONS REGARDING ITEM MOVEMENT, TEMPERATURE, AND PROXIMITY OF CERTAIN ITEMS TO EACH OTHER. THEY ARE NOT DESIGNED NOR DO THEY PROVIDE ANY REAL-TIME TRACKING CAPABILITIES. WE DISCLAIM ANY LIABILITY RESULTING FROM ANY USE OF THE APP AND/OR THE SERVICES FOR ANY PURPOSE OTHER THAN THEIR INTENDED DESIGN. THE APP, HARDWARE DEVICES AND SERVICES ARE SOLELY FOR USE AS AN AID FOR CONVENIENCE AND ENTERTAINMENT. THE APP, HARDWARE DEVICES AND SERVICES ARE NOT DESIGNED OR INTENDED FOR USE IN MEDICAL, OR OTHER APPLICATIONS INTENDED TO SUPPORT OR SUSTAIN LIFE, FOR USE IN FLIGHT CONTROL OR ENGINE CONTROL EQUIPMENT WITHIN AN AIRCRAFT, FOR PERSONAL SAFETY OR SECURITY OR FOR ANY OTHER APPLICATION IN WHICH THE FAILURE THEREOF COULD CREATE A SITUATION IN WHICH PERSONAL INJURY OR DEATH MAY OCCUR, AND CUSTOMER SHALL HAVE NO RIGHTS HEREUNDER FOR ANY SUCH USE.
a) YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION, THE PRODUCTS AND SERVICES IS AT YOUR SOLE DISCRETION AND RISK AND THAT THE APPLICATION IS PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTY OF ANY KIND.
b) YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
c) THE COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE APPLICATION. If applicable law requires any warranties with respect to our App or Services, all such warranties are limited in duration to thirty (30) days from the date of your first use or the minimum duration allowed by law.
Limitation of Liability
EXCEPT TO THE EXTENT REQUIRED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, OR DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, RELATED TO OR ARISING OUT OF THESE TERMS OR YOUR USE OF THE PRODUCTS, APP OR SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO OR ARISING OUT OF THESE TERMS OR YOUR USE OF THE PRODUCTS, APP OR SERVICE, IS LIMITED TO (A) THE AMOUNT YOU HAVE PAID TO GPS OF THINGS, INC. FOR THE PRODUCT GIVING RISE TO THE CLAIM, (B) THE AMOUNT YOU HAVE PAID TO GPS OF THINGS, INC. FOR YOUR PREMIUM MEMBERSHIP GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (C) FIFTY DOLLARS ($50) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO GPS OF THINGS, INC., AS APPLICABLE.
EXPORT RESTRICTIONS
The Application may be subject to export controls or restrictions by the United States or other countries or territories. You agree to comply with all applicable U.S. and international export laws and regulations. These laws include restrictions on destinations, end users, and end use.
INDEMNITY
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless The Company, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the Application, including your downloading, installation, or use of the Application, products and services or your violation of these Terms and Conditions.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above exclusions or limitations may not apply to you.
General Provisions
These Terms constitute the entire agreement between us with respect to the subject matter and supersede any prior understandings and agreements. These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflicts of law rules or principles. The exclusive jurisdiction for all disputes, claims or controversies arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content will be the state and federal courts located in the Northern District of California and you and GPS of Things, Inc. each waive any objection to jurisdiction and venue in such courts. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.
Third Party Trademarks
Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Google Play, the Google Play logo, and Android are trademarks of Google Inc. The Bluetooth® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc. and any use of such marks by GPS of Things, Inc. is under license. All other trademarks and trade names are properties of their respective owners.
MISCELLANEOUS
a) These Terms and Conditions constitute the entire Agreement between you and The Company relating to the Application and govern your use of the Application, products and services and completely replace any prior or contemporaneous agreements between you and The Company regarding the Application.
b) The failure of The Company to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision, which will still be available to The Company.
c) If any court of law, having the jurisdiction to decide on this matter, rules that any provision ofthese Terms and Conditions is invalid, then that provision will be removed from the Terms and Conditions without affecting the rest of the Terms and Conditions. The remaining provisions of these Terms and Conditions will continue to be valid and enforceable.
d) The rights granted in these Terms and Conditions may not be assigned or transferred by either you or The Company without the prior written approval of the other party. Neither you nor The Company are permitted to delegate their responsibilities or obligations under these Terms and Conditions without the prior written approval of the other party.
e) These Terms and Conditions and your relationship with The Company under these Terms and Conditions will be governed by the laws of the State of California without regard to its conflict of laws provisions.
Contacting Us
If you have any questions about these Terms, please contact us info@getpearlapp.com.