Terms and Conditions / Privacy Policy

Last Revision: October 12th, 2018

By registering your Connected product and/or purchasing a Connected subscription plan, you agree to the following terms and conditions set by "Company".

By accepting these Terms of Use and by continuing to use the Mobile Application and our services, you agree to all the terms and conditions stated in these Terms of Use.

The use of updated versions of this Mobile Application may be subject to new or additional Terms of Use.

The Application allows a device compatible with the Application and its related systems and capable of receiving software updates or upgrades that are either installed in your vehicle by us or our affiliates or authorized by us for use with your vehicle (the “Connected Device”) to connect your vehicle to the services we offer you, including the functionalities of the Application, namely the remote wireless starting and stopping of your vehicle and software updates or customized features. (the “Services”).

COMPANY : Company, as used throughout this terms and conditions, means Lightwave Technology Inc.

1. Acceptance of Terms:: The Service provided to you is subject to the following Terms and Conditions (“T&C”). Company may change or update the T&C from time to time without notice.

2. Services:: In consideration of Service use fees, the Service allows users to: (i) locate; (ii) control; and (iii) receive notifications about vehicles that have been fitted with particular service compatible devices (the “Service”). Unless explicitly stated otherwise, any new features that augments or enhances the Service, including the release of new Company services, shall be subject to the T&C. You understand and agree that the Service is provided “AS-IS” and that Company assumes no responsibility for the timeliness, deletion, miss delivery or failure to store any user communications or personalization settings. Text message and web communications provide the link between the vehicle and the network and may be subject to delays caused by, but not limited to, message traffic volume, weather conditions, scheduled and non-scheduled maintenance and priority transmission, of which Company has no control and will not be held liable for.; In order to use the Service, you or the third-party who sold you your Company enabled device must pay Service use fees (some products include the applicable fees in their sales price) in order for you to register for the Service. Service fees are pre-paid for set terms (annualy, 1-year, 2-year, and 3-year terms) and your cancellation prior to the end of a term will NOT entitle you to a refund of any pre-paid fees. Service being renewed after the expired term is subject to a re-activation fee.; When deemed necessary and/or at Company’s discretion, may update the firmware of your Connected Module, to ensure proper operation and/or to support added features.; The Service is not available everywhere and may be subject to signal limitations based on topography, buildings and atmospheric conditions. To the extent such limitations occur, Company will not be responsible for any resulting interruption in the Service or for any damages whatsoever.; You must have access to the Internet and/or a smartphone to use, or access, all of the features of the Service. You are responsible for paying any Service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web. It is strongly suggested that you choose the data and text messaging plan(s) from your cellular Service supplier that affords you the most usage for the most economical price.

3. Registration:: In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Owners Card; (b) maintain and promptly update the registration data to keep it true, accurate, current and complete; and (c) if applicable, provide appropriate notification messages for any event notifications that you set-up on the Service. If you provide information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend your account and refuse any and all current or future use of the Service (or any portion thereof) until such time as your registration data can be verified.

4. Company Privacy Policy:: Registration data and certain other information about you are subject to our Privacy Policy. The Company Privacy Policy covers Company’s treatment of personally identifiable information that Company collects when you use the Company Services. This policy also covers Company, treatment of any personally identifiable information that Company’s business partner(s) share with Company. This policy does not apply to the practices of companies that Company does not own or control or to people that Company does not employ or manage.

5. Information Sharing & Disclosure:: Company will not sell or rent your personal information to anyone without your permission. Company will send personal information about you to other companies or people only when:; · We have your consent to share the information;; · We need to share your information to provide the product or Service you have requested;; · We need to send the information to companies who work on behalf of Company to provide a product or Service to you.; · We respond to subpoenas, court orders or legal process; or; · We find that your actions on the Services violate the T&C or any of our usage guidelines for specific products or Services.

6. User Account, Password & Security:: You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You understand that a person or entity with knowledge of your password and account may be able to track and/or control your assets connected to the Service. You agree to (a) immediately notify Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Company cannot and will not be liable for any loss or damage of any nature arising from your failure to comply with this Section 6.

7. User Conduct:: You agree not to use the Company Service to:; · Transmit any content, including but not limited to notification messages, that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;; · Harm minors in any way;; · Transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;; · Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;; · Intentionally or unintentionally violate any applicable local, state, national or international law; or; · Harass or ‘stalk’ another Company user.; Company and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any notification messages available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge that you may not rely on any content created by Company or submitted to the Service.; You acknowledge and agree that Company may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the T&C; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Company, its users and the public.; You understand that the technical processing and transmission of the Service, including your notifications, commands and the location of your assets vehicles, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

8. Indemnity:: You agree to indemnify and hold Company, and its subsidiaries dealers, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: notifications you submit for transmission through the Service; your use of the Service to control your asset(s); your connection to the Service; your violation of the T&C; or your violation of any rights of another. Company tracking device(s) and supporting and Company Service may not be used to violate the privacy rights of others, or in violation of local, county, state or federal statutes. GPS tracking may be illegal in certain states. In no way will Company, or its subsidiaries, dealers or partners be held responsible for inappropriate use of these products.; IT IS THE SOLE RESPONSIBILITY OF THE BUYER TO CONSULT LEGAL COUNSEL FOR THE INTERPRETATION OF ANY LAWS APPLICABLE TO THE AREA OF INTENDED USE OF THESE PRODUCTS.; Company products and Company Service are mutually exclusive in their respective functions and activities and as such do not affect the customer’s financial responsibility to make payments for Company product and/or Company Service.; Company products and/or Company Services provide vehicle location features, but are no substitute for a comprehensive vehicle insurance policy. THIS SERVICE IN NO WAY IS A REPLACEMENT FOR AUTOMOBILE INSURANCE.

9. No Resale of Service:: You agree not to reproduce, duplicate, copy, sell, resell or exploit for commercial purposes, any portion of the Service, use of the Service, or access to the Service, without the sole written consent of Company

10. General Practices Regarding Use & Storage:: You acknowledge that Company may establish general practices and limits concerning use of the Service, including without limitation, the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. Also, customers with the “Starter Plan” of service may be required to upgrade their service to the “Premium Plan” if they are found to use the service in excess of 70KB per month for three consecutive months. Use exceeding 70KB is considered excessive use or for commercial applications and will be subject to an upgrade to a higher usage plan, deemed “Premium Plan”. In the rare event that customers exceed “Premium Plan” usage rates, Company reserves the right to charge the customer for additional usage. If the customer does not upgrade and or pay for additional service, service may be suspended at the discretion of Company. You agree that Company has no responsibility or liability for the deletion or failure to store any notifications and other communications or other content maintained or transmitted by the Service. You acknowledge that Company reserves the right to log off accounts for which Service use fees are not timely paid. You further acknowledge that Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

11. Modifications to Service:: Company reserves the right at any time and from time to time to modify or temporarily suspend the Service (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification or suspension of the Service.

12. Termination:: You agree that Company, at its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within the Service, if Service use fees are not timely paid or if Company believes that you have violated or acted inconsistently with the letter or spirit of the T&C. You agree that any termination of your access to the Service under any provision of this T&C may be effected without prior notice, and acknowledge and agree that Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Company shall not be liable to you or any third-party for any termination of your access to the Service according to the T&C.

13. Dealings with Advertisers:: Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

14. Links:: The Service may provide, or third parties may provide, links to other Internet and/or mobile sites or resources. Company has no control over such sites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or Services available on or through any such site or resource.

15. Company's Proprietary Rights:: You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, Service marks, patents or other proprietary rights and laws. Except as expressly authorized by Company or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part.

16. Disclaimer of Warranties:: YOU EXPRESSLY UNDERSTAND AND AGREE THAT:; a. Your warranty covers up to One year from original date of purchase.; b. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.; c. COMPANY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ALTHOUGH HISTORICALLY RARE, COMPANY SYSTEMS RELY ON GPS AND CELLULAR NETWORKS, AND BECAUSE THESE NETWORKS MAY FROM TIME EXPERIENCE THE EFFECTS OF, BUT NOT LIMITED TO, SOLAR STORMS, SOLAR FLARES OR SUNSPOTS, WHICH MAY IMPACT THE TIMING OF GPS SIGNALS AND CONSEQUENTIALLY THE SUBSCRIBER’S VEHICLE LOCATION ACCURACY, THESE DISTURBANCES ARE UNUSUAL AND BEYOND THE CONTROL OF COMPANY OR ANY OTHER AGENCY. COMPANY CANNOT WARRANT OR BE HELD LIABLE FOR NATURAL OR UNNATURAL DISTURBANCES. SIMIALARLY, TERRESTRIAL CELLULAR SIGNALS MAY ALSO BE AFFECTED BY TERRAIN, BUILDINGS, ATMOSPHERIC ACTIVITY WHICH MAY PRODUCE ANOMULOUS PROPAGATION AND CAUSE THE INTERMITTENANT ABSENCE, DELAY OR DELETION OF TEXT MESSAGES.; d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE T&C. In the unusual event that a customer’s tracking device becomes inactive for any reason, it is the customer’s responsibility to have the unit repaired as quickly as possible. The out of Service time does not constitute an extended hardware warranty in its own right nor does it absolve the customer of their financial responsibility for their subscription. Due to the secure nature of the Company Service, all attempts will be made to repair the Connected products as soon as possible whether in or out of warranty.
17. Limitation of Liability:: YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. TO THE EXTENT POSSIBLE UNDER APPLICABLE LAW, COMPANY’S DIRECT DAMAGES FOR ITS BREACH OF ANY OBLIGATIONS UNDER THE T&C SHALL BE ABSOLUTELY LIMITED TO THE AMOUNT OF FEES PAID BY YOU FOR THE SERVICE.

18. Exclusions & Limitations:: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.

19. Trademarks:: Company, the Company logo, Service marks, and other Company logos and product and Service names are trademarks and Service marks of Company Without Company’s prior permission, you agree not to display or use in any manner, the Company trademarks and Service marks.

20. General Information:: The T&C constitutes the entire agreement between you and Company and governs your use of the Service, superseding any prior agreements between you and Company You also may be subject to additional terms and conditions that may apply when you use affiliate Services, third-party content or third-party software. The T&C and the relationship between you and Company shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and Company agree to submit to the personal and exclusive jurisdiction of the courts located within the county of King County, Washington. The failure of Company to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision. If any provision of the T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the T&C remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the T&C must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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