Updated: 14 Feb 2018
Effective: 14 Feb 2018, unless you agree to these terms sooner, like when you place an order, create a Sekurus account or pair your device. Then these terms are effective as of the date of your agreement.
END USER LICENCE AGREEMENT
PLEASE READ THESE TERMS CAREFULLY. BY INSTALLING OR USING THE PRODUCT YOU INDICATE ACCEPTANCE AND AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL OR USE THE PRODUCT.
2. Remarks in these Terms regarding the Sekurus Hardware shall only be applicable if you have purchased or use the Sekurus Hardware. If you have not purchased or use the Sekurus Hardware, all reference to the Product in these Terms shall refer to the Sekurus Software.
3. Google, Apple Inc and Microsoft Corporation are hereinafter referred to as the “Application Providers”. Remarks in these Terms regarding the “Application Providers” shall only apply for users that have accessed their Sekurus Software through iOS via Apple Inc, through Android via Google and through Windows Phone Store via Microsoft Corporation.
4. The Product is provided by SEKURUS INTERNATIONAL– (“SEKURUS”) and these Terms are made between you (the “Licensee” or “you”) and SEKURUS. The Application Providers have no responsibility under these Terms whether for content, warranties, maintenance or support. By accepting these Terms, you agree that the Application Providers are third party beneficiaries to these Terms and that the applicable Application Provider therefore may enforce the provisions of these Terms against you as a third party beneficiary.
5. SEKURUS reserves the right to modify these Terms in its sole and absolute discretion. You will be notified of any major material changes to these Terms and given an opportunity to review the revised Terms before continuing to use the Product. You acknowledge and agree that the continued use of the Product after the Terms have been modified shall indicate that you have accepted the modifications. You can review previous versions of these Terms in our archive.
1. PRODUCT INTENDED PURPOSE
1. The Product is only intended to use to track:
- Personal property that you own or otherwise have been given permission to track,
- Pets whose owner has given their prior consent to having their pets’ location tracked,
- Children whose parent or guardian has explicitly given their prior consent to having their children’s location tracked,
- Incapacitated or disabled persons whose legal guardian has explicitly given their prior consent to having their wards’ location tracked,
- And adults that have explicitly given their prior consent to having their location tracked
(THE “INTENDED PURPOSE”) AND MAY NOT BE USED FOR ANY OTHER PURPOSE.
2. YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCT DOES NOT INTEND TO REPLACE PROPER SUPERVISION OF PERSONAL PROPERTY, CHILDREN, PETS AND ADULTS IN NEED OF SUPERVISION AND THAT THE PRODUCT ONLY IS AN AID MECHANISM.
3. AS FURTHER DESCRIBED BELOW THE PRODUCT IS PROVIDED “AS IS” AND NO WARRANTIES WHATSOEVER ARE PROVIDED BY SEKURUS IN RESPECT OF FITNESS FOR A PARTICULAR PURPOSE, ACCESSIBILITY AND AVAILABILITY. SEKURUS DO NOT GUARANTEE THAT ANY LOST PETS, CHILDREN, ADULTS OR GOODS WILL BE FOUND AND SEKURUS WILL NOT PROVIDE ANY SERVICES OR ASSISTANCE WHATSOEVER IN RESPECT OF LOCATING LOST CHILDREN, PETS, ADULTS AND/OR GOODS.
4. THE PRODUCT IS INTENDED PRIMARY FOR OUTDOOR TRACKING PURPOSES. YOU ACKNOWLEDGE AND AGREE THAT TUNNELS, BUILDINGS, HILLS, WEATHER AND A LARGE NUMBER OF OTHER FACTORS AND CIRCUMSTANCES OUTSIDE OF SEKURUS’ CONTROL MIGHT CAUSE DISTURBANCES IN THE FUNCTIONING OF THE PRODUCT AND YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE PRODUCT SHALL BE AT YOUR SOLE RISK AND RESPONSIBILITY.
5. We reserve the right to improve and change the Product and any element thereof at any time, at our sole discretion.
2. SEKURUS HARDWARE
1. SEKURUS provides the Product on an “as is” and “as available” basis to lawful owners of an original Sekurus Hardware. You may only use Sekurus Hardware that you own or otherwise have been given permission to use the Product.
2. Sekurus Hardware is a mobile connected device with a built-in SIM Card, and it requires cellular data connectivity to transmit Sekurus Hardware GPS location coordinates to the Sekurus Software.
3. Cellular data connectivity for Sekurus Hardware is offered by SEKURUS as a prepaid, renewable service for 6, 12, 24, 36 or 40 months (“Sekurus Data Plans”).
4. YOU ACKNOWLEDGE AND AGREE THAT SEKURUS HARDWARE REQUIRES AN ACTIVE SEKURUS DATA PLAN PROVIDED BY SEKURUS IN ORDER FOR THE PRODUCT TO WORK, AND USE OF THE PRODUCT IS SUBJECT TO CELLULAR NETWORK COVERAGE.
5. Any Product coverage map provided by SEKURUS, if any, shall only be regarded as SEKURUS’ best estimate with respect to geographical coverage and shall in no event be deemed to constitute any warranty whatsoever.
6. The countries where Sekurus Hardware will be able to be used are listed on Sekurus.com (the “Supported Countries”). SEKURUS reserves the right to amend the list of Supported Countries (add countries or remove countries) from time to time. You will be notified of any change in the list that might affect your use of the Product and given an opportunity to review it before continuing to use the Product.
1. Subject to the terms set out herein, SEKURUS hereby grants you a limited, non exclusive, non-transferable right to use the Sekurus Software for the sole purpose of using the Product (the “License”), and solely on devices that you own or manage. You represent and warrant to us that you have the right to install and operate the Sekurus Software on such devices you are using. You may not remove, obscure, modify or disable any proprietary notices of SEKURUS on any part of the Product. You may not use the Product for any purpose that is illegal or potentially harmful to another party, including SEKURUS. You may not sell, sublicense, assign or otherwise transfer the Product to any third party for any reason.
2. Provided that all the fees relating to the License are paid, the License is valid for the period the Sekurus Hardware is connected to an ACTIVE Sekurus Data Plan, but no less than (1) year from the day you first add the Sekurus Hardware to a Sekurus Software account (the “Initial License Period”).
3. You have the option to prolong the License upon the expiry of the Initial License Period, by activating a new Sekurus Data Plan. If the License is not prolonged within 3 months upon the expiry of the Initial License Period, Sekurus Hardware will be permanently turned off and the Product will no longer work. Once Sekurus Hardware has been turned off, you will no longer have to option to reactivate it.
4. You acknowledge and agree that the Product consists of both Sekurus Hardware and Sekurus Software, that it requires an active Sekurus Data Plan, and that the Product will cease to function upon the expiry of the License Period unless you prolong the licence by activating a new Sekurus Data Plan. It is the your sole responsibility to ensure that the License is prolonged upon the expiry of the Initial License Period. Any eventual prolongation offers and reminders sent by SEKURUS are optional services provided by SEKURUS.
5. The Sekurus Software may contain portions of software being the sole property of third parties. 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:
6. SEKURUS reserves any and all rights, implied or otherwise, which are not expressly granted to you hereunder, and retains all rights, title and interest in and to the Sekurus Software.
7. You agree that you have no right whatsoever to:
- modify the Sekurus Software or any portion thereof in any manner, reverse engineer, decompile, disassemble, modify, adapt, rent, lease, loan or create derivative works based upon the Sekurus Software or any part thereof, this does however not restrict any acts in relation to any parts of the Sekurus Software which are licensed under the general public license, to the extent such acts are not possible to restrict under such license agreements,
- use or provide the Sekurus Software as a managed service provider, application service provider, in any commercial time share arrangement, or in any activity intended to directly produce revenue without the prior written approval from SEKURUS,
- resell the Sekurus Software licensed hereunder nor use the software to provide consulting or training services to third parties, or assign the Sekurus Software to a third party without the prior written consent of SEKURUS,
- Use the License in violation of these Terms or any applicable law.
AVAILABILITY AND ACCESSIBILITY
2. The accessibility of the Sekurus Software is dependent on a large number of factors and circumstances outside of SEKURUS’ control. Thus, it is not possible for SEKURUS to provide any undertakings that data or signals can be sent, conveyed, or received in the intended manner, or at all. This means that it is not possible for SEKURUS to provide any undertakings in respect of the completeness or quality of the location of Sekurus Hardware, why you agree and understand that the use of the Product shall be at your own risk and responsibility as further described below.
WARRANTIES, DISCLAIMERS AND LIMITATIONS OF LIABILITY
1. YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCT DOES NOT INTEND TO REPLACE PROPER SUPERVISION OF PRIVATE PROPERTY, CHILDREN, PETS AND ADULTS IN NEED OF SUPERVISION AND THAT THE USAGE OF THE PRODUCT IS AT YOUR OWN RISK AND RESPONSIBILITY.
2. SEKURUS DO NOT GUARANTEE THAT ANY LOST PROPERTY, PETS, CHILDREN OR ADULTS WILL BE FOUND AND SEKURUS WILL NOT PROVIDE ANY SERVICES OR ASSISTANCE WHATSOEVER IN RESPECT OF LOCATING LOST CHILDREN, PETS, ADULTS AND/OR GOODS.
3. YOU AND SEKURUS AGREE THAT THE PRODUCT IS PROVIDED “AS IS” AND THAT SEKURUS, SERVICE PROVIDERS, WIRELESS CARRIERS, THE APPLICATION PROVIDERS AND AFFILIATES OF ANY OF THE FOREGOING MAKE NO WARRANTY AS TO THE PRODUCT, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ACCESSIBILITY AND AVAILABILITY. HENCE NO WARRANTY IS PROVIDED BY SEKURUS, ANY SEKURUS AFFILIATES, SERVICE PROVIDERS, WIRELESS CARRIERS OR THE APPLICATION PROVIDERS, WHO EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ACCESSIBILITY AND AVAILABILITY WITH REGARDS TO THE PRODUCT AND ANY PRODUCTS, SERVICES AND WRITTEN MATERIALS ASSOCIATED WITH THE PRODUCT.
4. YOU AND SEKURUS AGREE THAT SEKURUS IS NOT LIABLE FOR THE CONTENT PROVIDED BY THIRD PARTIES. ALL CONTENT IS PROVIDED “AS IS” AND UNSUPPORTED. SEKURUS MAKES NO WARRANTIES FOR FUTURE DELIVERY OF THIRD PARTY CONTENT.
SEKURUS, SERVICE PROVIDERS, WIRELESS
1. CARRIERS, THE APPLICATION PROVIDERS AND AFFILIATES OF ANY OF THE FOREGOING MAKE NO WARRANTY ON THE ACCURACY, COMPLETENESS OR QUALITY OF ANY LOCATION, MAP DATA OR OTHER DATA MADE AVAILABLE TO YOU. YOUR USE OF ANY INFORMATION MADE AVAILABLE TO YOU VIA THE USE OF THE PRODUCT SHALL BE AT YOUR OWN RISK AND RESPONSIBILITY.
2. TO THE EXTENT PERMITTED BY APPLICABLE LAW SEKURUS WILL NOT BE LIABLE FOR ANY DAMAGES EXCEPT TO THE EXTENT CAUSED BY SEKURUS’ GROSS NEGLIGENCE OR WILFUL MISCONDUCT ARISING OUT OF, OR RELATING TO, HURT OR LOST PROPERTY, CHILDREN, PETS, AND ADULTS IN NEED OF SUPERVISION, ACCURACY, COMPLETENESS OR QUALITY OF ANY LOCATION, MAP DATA OR OTHER DATA MADE AVAILABLE TO YOU, THE PRODUCT’S NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ACCESSIBILITY OR AVAILABILITY. IN NO EVENT WILL SEKURUS, ANY SEKURUS AFFILIATES, SERVICE PROVIDERS, WIRELESS CARRIERS AND THE APPLICATION PROVIDERS, OR ANY OF THE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF ANY OF THE FOREGOING BE LIABLE TO YOU UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND DATA AND THE LIKE), WHETHER FORESEEABLE UNFORESEEABLE, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF SEKURUS OR THE APPLICATION PROVIDERS OR ANY OF THEIR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SEKURUS’ CUMULATIVE LIABILITY FOR DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO NO GREATER THAN THE AMOUNT OF MONEY YOU PAID FOR THE PRODUCT. NO ACTION MAY BE BROUGHT AGAINST SEKURUS LATER THAN ONE (1) YEAR FROM THE OCCURRENCE OF THE INCIDENT THAT CAUSED YOU ALLEGED DAMAGES.
3. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH ANY OF SEKURUS’ SERVICE PROVIDERS AND THAT YOU ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENTS ENTERED INTO BY SEKURUS AND ANY SERVICE PROVIDERS. UNLESS YOU HAVE A SEPARATE AGREEMENT WITH ANY OF SEKURUS’ SERVICE PROVIDERS, YOU UNDERSTAND THAT SEKURUS’ SERVICE PROVIDERS HAVE NO LIABILITY WHATSOEVER OF ANY KIND TOWARDS YOU.
PERSONAL DATA, ELECTRONIC COMMUNICATION AND IMPROVEMENT OF THE SERVICE
2. In order to use the Product, you must register and install the Sekurus Software. Access to the Sekurus Software is limited requiring a user ID and password, or validated and authenticated email sign-in. You agree that all information about you that you provide to access the Product, and during use of the Product, is truthful, and you agree not to use any aliases or other means to mask your true identity. You agree that any email accounts used in connection with your access to and use of the Product belong to you and not any other person.
3. 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 SEKURUS immediately.
1. Unless prohibited by applicable law you will indemnify and hold harmless SEKURUS, service providers, wireless carriers, the Application Providers and affiliates of any of the foregoing for all damages, losses and costs (including but not limited to reasonable attorneys’ cost and fees) arising out of your violation of these Terms and/or the terms applicable to the Sekurus Hardware.
2. You undertake:
- (i) not to use the Product in violation of these Terms, the terms and conditions applicable to the Sekurus Hardware or applicable law,
- (ii) not to use the Product to locate any person without such persons prior consent,
- (iii) only to use the Product for the Intended Purpose, and
- (iv) not to monitor, access, locate or in any other way use the Sekurus Hardware by using any other software than the Sekurus Software.
3. You are fully responsible for acts or omissions by any third party to whom you have granted access to the Product or any parts thereof.
4. You hereby expressly agree that SEKURUS, in addition to any other rights or remedies which SEKURUS may possess, shall be entitled to injunctive and other equitable relief without having to post bond or other security to prevent a material breach or continuing material breach of these Terms.
1. SEKURUS may cancel your access to the Sekurus Software at any time if you are in breach of the Terms or if you fail to pay any applicable orders, invoices and/or service fees or part fee.
2. The provisions of the preamble, sections and any provisions which by their nature are intended to remain in force upon the expiry or termination of the Terms shall survive the termination or expiry of the Terms for any reason whatsoever.
3. Upon the expiry or termination of these Terms or the License granted hereunder SEKURUS will automatically turn off the Product. Termination of these Terms shall not limit either party from pursuing any remedies available to it, including injunctive relief, or relieve you of your obligation to pay all fees that have accrued or have become payable by you hereunder.