Month to Month Terms and Conditions

Safety Track Items and Services – Month to Month – Terms and Conditions 

1. Overview

We (“the Company”) provide you (“Customer”) with Safety Track Products (Cameras or Tracking Devices) and Services (Software Licenses) to collect diagnostic and location data from motor vehicles via wireless devices installed in those vehicles. Use of these Services is subject to the terms outlined below. 

You agree not to: 

• Modify, alter, or impair the functionality of the Safety Track Items without our written consent. 

• Attach unauthorized accessories or devices. 

By entering this Agreement, you become a customer and accept all terms herein. 

2. Acknowledgments

1. This Agreement creates no contractual relationship between you and Safety Track or any underlying wireless carrier (“Safety Track Parties”). You are not a third-party beneficiary. 

1. You agree to indemnify the Company and the Safety Track Parties against claims (e.g., injury, property damage, libel) arising from use or failure of the Service, unless due to gross negligence or willful misconduct. 

1. You have no ownership of any wireless number assigned to you, and numbers may be changed at any time. 

1. Wireless transmission security is not guaranteed, and the Company is not liable for breaches. 

1. You may not resell Safety Track Services. 

3. Coverage Limitations

• The Services rely on third-party wireless networks with limited coverage. Some areas of North America may be unserviceable. 

• Operation depends on many factors: signal strength, terrain, weather, structural barriers, system capacity, internet availability, etc. 

• Devices may not function in enclosed areas or underground. 

• We do not guarantee uninterrupted service, complete data transmission, or the prevention of vehicle issues. 

• Services do not actively monitor your vehicle’s systems or guarantee location recovery in theft cases. 

• You must not remove or obscure any copyright or trademark notices. 

4. 4. Scope of Support

If payments are current and you are not in default: 

• We will provide reasonable consultation and technical support during business hours. 

• Support is available via Safety Track at 1-734-325-6060, Monday–Friday, 7:30 AM – 5:00 PM EST (excluding holidays). 

• Issues will be addressed on a best-effort basis. Non-functioning equipment under warranty will be repaired or replaced. 

• You can pay shipping expenses for expedited delivery. Replaced items become Company property. 

Support does not cover damage caused by: 

• Improper installation or misuse 

• Accidents, vandalism, theft, power surges, or natural disasters 

• Unauthorized modifications or repairs 

• Poor vehicle condition 

5. 5. Payment Terms

• Monthly fees are billed in advance. One-time hardware and installation fees are due at purchase. 

• Payments must be made without offset and are due upon receipt. 

• Late payments over 60 days may incur a 1.5% monthly late fee or the highest rate allowed by law. 

• After the initial term, we may change fees with 30 days’ notice. 

5A. Data Overages 

If your data usage exceeds your subscribed plan, you will be charged $10 per additional gigabyte. If overages continue for more than two consecutive months, your data plan will be automatically upgraded to a higher tier that more accurately reflects your usage. 

6. 6. Term and Termination

• The agreement begins on the acceptance date of the estimate. 

• It renews automatically in a month-to-month term unless either party gives 30 days’ written notice before the end of a term. 

• Early termination may incur charges for any unpaid hardware balance. 

• We may terminate early for non-payment, legal noncompliance, or if we lose rights to provide services. 

• If terminated, all unpaid amounts are immediately due. 

7. 7. Compliance

You must comply with all laws and policies, including those related to privacy and FCC regulations. This applies to your affiliates, employees, and agents as well. 

8. 8. Limited Warranty

• For one year after delivery (or during any purchased extended warranty), Equipment is warranted against material and workmanship defects. 

• If notified, we will repair, replace, or re-perform Services as needed. 

• Warranty claims are void if you’re in default. 

• We do not warrant third-party equipment. 

• Downtime does not qualify for refunds. 

9. 9. Return Policy

• Unopened/unused items: Return within 30 days with a 20% restocking fee. 

• Opened items: 30% restocking fee. 

• Shipping, activation, and data fees are non-refundable. 

• Used equipment is final sale and not eligible for refund or exchange. 

• All returns require a Return Merchandise Authorization (RMA). 

10. 10. Liability and Warranty Disclaimer

• We are not liable for indirect, incidental, or special damages (e.g., lost data, lost profits). 

• Our total liability is capped at the amount paid in the two months before a claim arises. 

• Except as explicitly stated, we make no guarantees, including those of merchantability or fitness for a specific purpose. 

11. 11. Default

Failure to comply with this Agreement, including non-payment, constitutes a default. Upon default, we may: 

• Terminate the Agreement 

• Cease service 

• Demand immediate payment of all owed amounts All rights and remedies are cumulative. 

12. 12. Vehicle Registration

You agree to register Safety Track Items and associated vehicles through our web-based platform. Services begin upon registration. We may update the process at any time. 

13. 13. Information Sharing

You consent to us sharing your data with affiliates and Safety Track Parties for credit, account setup, or service delivery purposes. 

14. 14. Definitions

• Equipment: Safety Track™ devices excluding software 

• Items: Equipment + Licensed Software 

• Licensed Matter: Safety Track software and documentation 

• Services: Data and support services provided hereunder 

• Customer: Any individual or fleet that enters into this agreement with us 

• Other Providers: Any party other than us providing equipment/services 

15. 15. General Provisions

• This Agreement binds successors and assigns. We may assign without notice; you may not assign without our consent. 

• Governed by Michigan law. 

• If any part is invalid, the rest remains enforceable. 

• Liability limitations and damage exclusions are independent and enforceable even if remedies fail. 

• Notices must be written and delivered by hand, fax, certified mail, or receipted service. 

• This Agreement supersedes all prior agreements and communications. 

• Any claims must be brought within one year. 

• If we take legal action for unpaid sums, you agree to pay our legal costs, including attorney’s fees. 

16. Service Level Agreement

The following service parameters outline the responsibilities of the Service Provider for the ongoing support and performance of services under this Agreement. 

16.1 Service Scope
The following services are included under this Agreement: 

• Manned telephone support 

• Monitored email support 

• Remote assistance via Remote Desktop and Virtual Private Network (where available) 

• Planned or emergency onsite assistance (additional charges apply) 

• Monthly system health checks 

16.2 Customer Responsibilities
The Customer agrees to the following responsibilities in support of this Agreement: 

• Timely payment for all support-related costs as agreed upon. 

• Reasonable availability of designated Customer representative(s) to assist in the resolution of service-related incidents or requests. 

16.3 Service Provider Responsibilities
The Service Provider agrees to: 

• Meet established response times for all service-related incidents. 

• Provide appropriate advance notice to the Customer regarding scheduled maintenance activities. 

16.4 Service Assumptions
The following assumptions apply to the services and components in scope: 

• Any changes to the services will be communicated to and documented for all relevant stakeholders. 

17. Service Management

Consistent service levels are essential for the effective support of all in-scope services. This section outlines the parameters for service availability, monitoring, and support response times. 

17.1 Service Availability
The following coverage applies to services included in this Agreement: 

• Telephone Support: Available from 7:30 A.M. to 7:00 P.M. EST, Monday through Friday. 

• Calls received outside of business hours will be forwarded to a mobile device. Best efforts will be made to respond, though an automated voicemail system will be available. 

• Email Support: Monitored from 7:30 A.M. to 7:00 P.M. EST, Monday through Friday. 

• Emails received outside of business hours will be recorded by the automated support system. However, response and resolution may not occur until the next business day. 

• Onsite Installation Assistance: If required, onsite visits may be scheduled within 72 hours, subject to installer availability. 

17.2 Service Requests
The Service Provider will respond to service-related incidents and requests according to the following priority levels: 

• High Priority: Response within 0–8 business hours. 

• Medium Priority: Response within 48 hours. 

• Low Priority: Response within 5 business days. 

• Remote assistance will be provided according to these timeframes, based on the assigned priority of the request.