MOTOsafety by Linxup
Terms of Service
These Terms of Service are by and between Linxup, LLC, a Delaware limited liability company (“Linxup”) and you. Linxup sells devices and accessories such as GPS trackers, asset trackers and cameras (“Devices”) which can only be used with Linxup Services (“Services”).
This agreement is intended to be simple to read and understand. Our goal is to clarify what you can expect from Linxup, and what Linxup requires from you.
By subscribing to a Service you are agreeing to be bound by the following terms and conditions (“Terms of Service”). You accept our Service when you sign for a subscription on paper or electronically, when you accept by oral or electronic statement, or by attempting to use our Service, or by paying for our Service.
We reserve the right to update this agreement at any time. If you have questions, please feel free to contact us at support@motosafety.com.
REGISTRATION AND PRIVACY
To access our Services, you must provide your legal full name, mailing and email addresses (that you are authorized to use), valid payment and other information requested to complete the registration process. The information we obtain through your use of our Service, including your registration data, is subject to our Privacy Policy. It is your sole responsibility to maintain the confidentiality of your password and account. If you forget your password, we can send you a link to let you reset it. Your login should only be used by you! You are responsible for all activity in your account.
SUPPORT
The best way to get support for our Services is contacting support@motosafety.com. This will provide the quickest way to resolve any issues or questions you may have. We promise to do our best to help you quickly.
We may suspend or cancel your account without advance notice for any conduct that involves the use of abusive, threatening, or similarly objectionable language or behavior directed at any of our employees, representatives, or customers, whether it be in person, over the phone, or in writing.
WARRANTIES AND DISCLAIMERS
Our Services are provided on an “as is” and “as available” basis. We take no responsibility for third-party software or systems used with our Services nor for any Services we license from a third-party. We do not guarantee and are not liable for any failure to access or store your data with our Service at any time. Like all cloud-based applications, we are subject to the inherent unreliability of the Internet. Furthermore, the nature of our Service requires availability of GPS satellites and cellular coverage, which can also be inherently unreliable. That said, we do pride ourselves on our modern, robust, and reliable infrastructure.
OUR SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we make no warranty that the Service will be uninterrupted, timely, secure, or error-free, or that the Service will meet your specific requirements. As an example, Devices and Services are not substitutes for management, care, or any other form of monitoring for a dependent person who may need constant supervision and should not be used as such.
We may need to make changes to our Services periodically. This includes reasonable adjustments to pricing driven by changes in our cost to deliver our Services. We will strive to keep such changes to a minimum, and will inform you via email before material changes are implemented. The use of our Service is done at your own discretion and risk, and you agree that you will be solely responsible for any damage you incur as a result.
Our Devices are warranted from manufacturing defects for as long as you remain a paying customer in good standing. We may send you new or refurbished equipment as replacement. You will void this warranty if you modify, misuse, or damage our Devices in any way.
IN NO EVENT SHALL LINXUP BE LIABLE, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF ANY LINXUP PRODUCT, DEVICE OR SERVICE, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (EVEN IF LINXUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, SOFTWARE OR APPLICATIONS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE ABILITY OR INABILITY TO USE THE PRODUCTS, ACCESSORIES OR SERVICES TO THE FULL EXTENT THESE DAMAGES MAY BE DISCLAIMED BY LAW. Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.
Linxup has made reasonable efforts to ensure the accuracy of our website but is not responsible for any errors or omitted information. It is your responsibility to determine if a Service fulfills your needs prior to ordering a subscription.
SUBSCRIPTION FEES AND RENEWAL
Use of a Service requires payment in advance unless otherwise specified in the subscription agreement. Many of the Services we offer require you to maintain those Services with us for a minimum term in return for certain discounts. At the conclusion of your initial subscription term your subscription will renew month to month, and you may lose any term-based discounts. Even with a term commitment, there can be changes to what you pay – taxes may change, existing surcharges may change, or new ones can be added. We also reserve the right to increase charges in line with changes to the Consumer Price Index. Please note that each purchase has its own minimum term commitment, whether it is your initial purchase or a subsequent add-on.
If any payment due is not received by the due date, Linxup may charge interest on past due amounts at one and a half percent (1.5%) per month or the highest interest rate allowed by law, whichever is less, and collect all expenses of recovery including attorneys’ fees, chargeback fees, interest and returned check fees from you. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities on your purchases of Devices or Services and may change without notice. You shall be responsible for payment of all such taxes, levies, or duties. You must pay all charges. Any dispute to a charge on your bill must be made within thirty (30) days of the date of the bill. Disputes can only be made by contacting support@motosafety.com. Linxup may at its sole discretion adjust disputed charges. You accept all charges not disputed within the above time period.
CANCELLATION, SUSPENSION, AND TERMINATION
You are solely responsible for properly canceling your Account, Devices and/or Services. An email, direct chat, or phone request to cancel is not considered cancellation. You must receive written confirmation from us accepting your cancellation.
If cancellation is received at least seven (7) days before the end of your current paid-up term, your termination will take effect immediately and you will not be charged again. Your Account, Devices and/or Services will remain active until the end of the current billing cycle, but you won’t be entitled to a refund or prorated adjustment. You will be charged an early termination fee (“ETF”) for each non-prepaid, billed Device or Service that you terminate before the end of its term or for any such Device or Service that we terminate early for good cause (for example, violating the payment or other Terms of Service). You will be charged fifteen ($15) dollars times the number of months remaining in your term for each such early cancellation. The entire ETF amount will be due immediately upon cancellation.
Every purchase carries its own minimum term requirement based on its date of purchase, and each purchase of a Device or Service is subject to the ETF.
If your account is canceled, it will be deactivated at the end of the current paid term, and you will be unable to access it. We advise exporting any reports you may need prior to this deactivation.
Please note that ETFs apply to any Services being canceled, whether the entire account is canceled or not.
Linxup, in its sole discretion, has the right to suspend or terminate any account and refuse any current or future use of the Service for any reason at any time. You are still liable for Service charges while your account is suspended. Termination of the Service will result in the deactivation or deletion of your account.
REACTIVATION, SEASONAL SUSPENSION
If you reactivate a previously canceled Service, a $25 reactivation fee per device applies, which we might waive at our sole discretion.
If you have been a customer for at least six (6) months, and your account is in good standing, you can put some or all of your Services on Seasonal Suspension by notifying us at least seven (7) days before your next billing cycle. When on seasonal suspension, you will be charged five ($5) dollars per Service per month. Any time spent in seasonal suspension extends your contract out by the same amount. You are limited to no more than six (6) months of seasonal suspension within every twelve (12) month period.
ASSIGNMENT
Linxup may assign the rights to this Agreement to third parties without consent from you. You may not assign this Agreement or your liabilities to anyone else without our prior written consent.
GOVERNING LAW AND VENUE; DISPUTE RESOLUTION; BINDING ARBITRATION
By accessing our website, any Service or buying our Devices you agree that all matters related to the use of our Service and/or Devices, Privacy Policy and this Agreement shall be governed by the statutes and laws of the State of Missouri without regard to the conflicts of laws or principles thereof. In the event of a dispute, it shall be referred to United States Arbitration & Mediation for arbitration in accordance with United States Arbitration & Mediation Rules of Arbitration. Arbitration proceedings will be held in St. Louis County, Missouri. The most recent version of the USA&M Rules is available on the USA&M website and is hereby incorporated by reference. The arbitrator may conduct only a single arbitration claim and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual. You and Linxup, agree that for any arbitration you initiate, you will pay the filing fee and Linxup will pay the remaining USA&M fees and costs. Linxup will pay all USA&M fees and costs for any arbitration it initiates. The arbitrator’s decision shall be final and binding and you and Linxup agree that the state or federal courts of the State of Missouri and the United States sitting in St. Louis County, Missouri have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with arbitrator’s award, the other party is entitled of costs of suit including attorneys’ fees for having to compel arbitration or defend or enforce the award.
Any dispute with Linxup shall be governed by and construed and enforced in accordance with the laws of Missouri, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Missouri or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration will be resolved in the state or federal courts of Missouri and the United States, respectively, sitting in St. Louis County, Missouri. We each waive any right to trial by jury in any lawsuit.
GENERAL CONDITIONS
You must not modify, adapt, or hack our Services. You agree not to reproduce, duplicate, copy, sell, or exploit any portion of any Service, use of the Service, or access to the Service without express written permission by Linxup. You may not use the Services or Devices for any illegal or unauthorized purpose or to violate any laws, including but not limited to privacy and copyright laws.
You agree to indemnify, defend and hold Linxup harmless from any claims arising out of your use of a Service or Device including, but not limited to, failing to provide appropriate notices regarding location-sensitive or video services or violating the Terms of Service, or any applicable law or regulation or the rights of any third party.
You understand that Linxup uses hosting partners and third-party systems to provide necessary technology required to run our Services, and additionally, that the technical processing and transmission of the Services, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or Devices.
Any new features/components that change or enhance any current Service, including the release of new components and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Our Camera Service includes 500 Megabytes of data per device per month. Certain Camera Services may include additional data. Linxup reserves the right to monitor data usage and bill you for overages.
The Terms of Service constitute the entire agreement between you and Linxup with respect to your access and use of our Service, superseding any prior agreements between us (including any prior versions of these terms). The failure of Linxup to enforce or exercise any right or provision of the Terms of Service shall not constitute a waiver of that right or provision.
