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Terms & Conditions

This policy is effective since September 10, 2022.

IMPORTANT CUSTOMER INFORMATION

Thank for choosing to use Cargenta Website, Cargenta Mobile Application and/or Cargenta Services, (hereinafter referred to as the “Service(s)” or “Cargenta Service(s)”), operated by Cargenta, Inc. (“us”, “we”, or “our”) and for ordering a Cargenta Brain Adapter (“Cargenta Brain” or “Cargenta Adapter”, or “Adapter”).

These Terms and Conditions (“Terms”, “Terms and Conditions”) provide you with important information about the Cargenta Service and the conditions that apply when you choose to use the Service.

When you accept these Terms and Conditions during our enrollment process or when you access or use the Cargenta Service, you are indicating that you have read, understand and agree to be bound by these Terms and Conditions. If you do not agree with any of these Terms and Conditions, then you should decline these Terms and Conditions during our enrollment process or other methods we make available to you. You are not permitted to access or use any of the Services if you do not accept these Terms and Conditions.

Please read these Terms and Conditions carefully. Services and/or warranties are not offered in all geographic regions. These Terms and Conditions specifically detail when a geographic region impacts the services and/or warranties being provided. If you are unsure about a particular service or warranty being offered in your geographic location, please reach out to Cargenta via any of the provided means of contact on our website or mobile application.

IT IS YOUR RESPONSIBILITY TO NOTIFY EVERYONE WHO USES OR OCCUPIES YOUR VEHICLE THAT VEHICLE AND LOCATION TRACKING FEATURES ARE ACTIVE AND ALLOW YOU AND US TO ACCESS INFORMATION ABOUT THE VEHICLE, INCLUDING ITS LOCATION.

Secret or nonconsensual use of the Service to collect or track information of others is prohibited.

PRIVACY

We are Cargenta take your privacy very seriously. The complete Cargenta Privacy Policy may be found in the Cargenta App menu item noted as “Privacy Policy” and also on Cargenta Website under “Privacy Policy”. The Cargenta Privacy Policy describes the information collection and use practices applicable to the Cargenta Service.

Privacy-sensitive users of wireless communications are cautioned that the privacy and/or security of any information sent via wireless cellular communications cannot be assured. Third parties may unlawfully intercept or access transmissions and private communications without your consent.

To stop the Adapter from collecting and transmitting Vehicle and Location Data (defined below) to us, you must remove the Adapter from your vehicle’s electrical system and ODB Port.

REQUIREMENTS FOR THE SERVICE

The Cargenta Service offers a plan that utilizes an on-board diagnostics device (the “Adapter”) that plugs into your vehicle’s on-board diagnostics port (“OBD II”). The Adapter must be installed in your vehicle to receive the benefits associated with the Adapter. More details regarding the use of the Adapter are provided below. To fully utilize all of the Service Features, you are required to download the Cargenta Mobile Application (“Cargenta App” or “App”), which is available for download at the iTunes store or Google Play. You will need Internet access and an Apple or Android smartphone or tablet device to download the App.

SERVICE FEATURES

The Cargenta Service consists of a collection of features (“Service Features”), including certain wireless vehicle services as described in these Terms and Conditions, on the Cargenta Website, within the Cargenta App, or other marketing materials. These Service Features are provided by us, our affiliates or other third parties, including wireless service providers, equipment and software manufacturers, distributors, licensors, dealerships, content providers and any other person or entity who provides any service, equipment, content, feature or facilities in connection with the Cargenta Service (our “Service Partners”). The Service Partners that provide, or assist in the delivery of, the Service Features may change over time. We also may make certain changes to the materials and Service Features available through the Cargenta Service, which will be made available on our Website. For details regarding these Service Features, see cargenta.com. Below is a summary of the Service Features that may be available to you.

VEHICLE DIAGNOSTICS

The vehicle diagnostics service monitors the on-board diagnostics of your vehicle and will provide any vehicle Diagnostic Trouble Code(s) (DTC(s)), and supplemental information, that may relate to the illumination of a vehicle warning light. We make this Service Feature available using data collected by the Cargenta Service while the Adapter is properly installed in your vehicle. Any DTC information provided by the Cargenta App is for informational purposes only and is not intended to prevent any mechanical or performance issues with your vehicle. You understand that the Cargenta Service may not provide all DTCs and may not report all conditions that may affect the operation of your vehicle. In addition to the other limitations on liability in these Terms and Conditions, you agree and acknowledge that Cargenta is not liable for any performance or mechanical issues relating to your vehicle.

LOCATION-BASED SERVICES

Some Service Features are based on tracking your vehicle’s location. We make these Service Features available using data collected by the Cargenta Service while the Adapter is properly installed in your vehicle. Data collected by the Cargenta Service may include information about your vehicle’s use, operation, location, performance, speed, braking and other driving behavior information, and by enrolling in the Cargenta Service, you agree that Cargenta may collect such information as part of the Service.

IN ADDITION TO OTHER PROVISIONS OF THESE TERMS AND CONDITIONS WITH REGARD TO OTHER USERS, IT IS YOUR RESPONSIBILITY TO NOTIFY EVERYONE WHO USES OR OCCUPIES YOUR VEHICLE THAT LOCATION AND DATA COLLECTION FEATURES ARE ACTIVE AND ALLOW YOU TO ACCESS INFORMATION ABOUT THE VEHICLE, INCLUDING ITS LOCATION.

The Cargenta Service provides regular updates for location and vehicle data. Please note that under normal circumstances, it may take between a few seconds up to a few minutes for location based details and/or vehicle data to be transmitted to the Cargenta App. If the Adapter experiences a loss of wireless service, then no data will be transmitted until the Adapter recovers wireless data coverage.

The wireless data coverage is a service provided by the local network carriers and Cargenta has no control over the availability or the quality of this wireless data service. Please, note that the wireless data coverage might not be available in remote regions, especially outside populated cities, in underground parking garages and/or when the vehicle is driven to another country where Cargenta does not offer data services.

CRASH DETECTION AND NOTIFICATION

Cargenta Brain Adapters are equipped with sensors and utilize software that enable events related to a vehicle impact to be detected. Based upon the capabilities of the sensors and the software, qualified vehicle impact events (“crash”) will be displayed in the Cargenta App.

CRASH DETECTION AND NOTIFICATION MAY BE UNAVAILABLE IN CERTAIN INSTANCES, SUCH AS WHEN THE CARGENTA ADAPTER IS DAMAGED OR DISLODGED, OR WHEN CELLULAR OR OTHER SIGNALS ARE UNAVAILABLE OR INTERMITTENT. IF THE ADAPTER EXPERIENCES A LOSS OF WIRELESS SERVICE, THEN NO DATA WILL BE TRANSMITTED.

While reasonable care has been taken to design the Adapter sensors and the software to successfully detect impact events indicative of a motor vehicle accident, a strong possibility exists that not all vehicle impact events will be considered a motor vehicle accident. Some detected impact events will not be indicative of a motor vehicle accident (false positives). Events included but not limited to the following can cause detected impact events which may be reported as a crash. Hard closing of doors, trunk, cargo areas, and engine hood, connecting or pulling trailers, loose and shifting cargo, connecting and disconnecting the Adapter, Adapter not permanently placed in a fixed position or connected to the vehicle via additional loose cable.

IMPORTANT LIMITATIONS TO UNDERSTAND

  • Not all detected impact events will be considered a crash.
  • Not all detected impact events will be displayed in the Cargenta.
  • Not all detected impact events will result in Notification.
  • Not all detected impact events will be an actual crash or accident (false positives).

SUBSCRIPTION

Your Service will commence on the date you add/register your Adapter associated with your Cargenta Service in the Cargenta App.

A data subscription (“Data Plan”) for the Cargenta Service is required and is available for purchase at the time you purchase a Cargenta Brain Adapter. The Data Plan may require a monthly or yearly charge and is billed on a periodic basis in advance. The various Data Plans are available at the time you order your Cargenta Brain Adapter. At the end of the initial Data Plan period and each Data Plan period thereafter, the Data Plan will automatically renew for a similar term (i.e., an additional month, quarter, one or more years), unless you cancel it or we cancel it. The monthly, quarterly or annual Data Plan price, any applicable government taxes, fees and surcharges, and payment terms will be disclosed to you before you purchase the Adapter and initial subscription, and such payment terms are part of these Terms and Conditions. Note that we may not always be able to notify you in advance of changes to applicable government taxes, fees and surcharges. You may cancel your Data Plan renewal either through your online account management page or by contacting our customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize us to charge all Data Plan fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

If you are the person who has enrolled your vehicle to the Cargenta Service, you are the primary account holder. The primary account holder is responsible for ensuring that any additional users are aware of the Terms and Conditions.

FEE CHANGES

We, in its sole discretion and at any time, may modify the Data Plan fees. Any Data Plan fee change will become effective at the end of the then-current Billing Cycle.

We will provide you with a reasonable prior notice of any change in Data Plan fees to give you an opportunity to terminate your Data Plan before such change becomes effective.

Your continued use of the Service after the Data Plan fee change comes into effect constitutes your agreement to pay the modified Data Plan fee amount.

REGISTRATION AND ACCOUNT

In order to use the Service Features of the Cargenta App, you will be asked to create a user account and password (an “Account”) and provide certain information about your vehicle. Only the primary account holder’s email address may be used when creating accounts to access the Cargenta Service. To use the Cargenta App, users must provide, and then confirm, the associated primary email account. You may not register for, access or use the Cargenta App if: (i) you are under the age of 13; or (ii) you are a person barred from accessing the Cargenta Service or content under the laws of the United States or other countries, including the country in which you reside or from which you access the Cargenta Service.

OTHER USERS

These Terms and Conditions apply to all users of the Cargenta Service. You, the primary account holder, are responsible and liable for all activities of users of your Cargenta Service and Adapter. Without limiting the foregoing, it is your responsibility to:

  • Inform all such other users that their access to and use of the Cargenta Service is subject to these Terms and Conditions, including the Cargenta Privacy Policy;

and

  • Ensure all such other users of your Cargenta Service and Adapter comply with these Terms and Conditions.

Secret or nonconsensual use of the Service to collect or track information of others is prohibited.

IT IS YOUR RESPONSIBILITY TO NOTIFY EVERYONE WHO USES OR OCCUPIES YOUR VEHICLE THAT VEHICLE AND LOCATION TRACKING FEATURES ARE ACTIVE AND ALLOW YOU AND US TO ACCESS INFORMATION ABOUT THE VEHICLE, INCLUDING ITS LOCATION. IN THE INSTANCE WHERE YOU SELL OR TRANSFER THE TITLE OF YOUR CAR TO ANOTHER, IT IS YOUR RESPONSIBILITY TO TERMINATE AUTOMATIC SERVICES FOR THE CAR UPON SUCH SALE OR TRANSFER.

SERVICE LAPSE

The full list of features of the Service will automatically lapse in connection with the expiration of any data subscription period (i.e., the credit card on file has expired or declines the data subscription renewal charge) or cancellation as described elsewhere in these Terms and Conditions. Once the full list of features part of the Services lapses or is cancelled, your Adapter will remain active but with limited functionality.

Limited Adapter functionality means that the Adapter will no longer be able to connect to a wireless data network and all Services requiring wireless data connection will not be available to you.

Under the limited Adapter functionality, you will still be able to access some of your car data using a short range Bluetooth connection to the Adapter.

IMPORTANT ADAPTER INFORMATION AND WARNINGS

If you have any difficulty with the Adapter or believe the Adapter is not working properly, please contact Support in the App (or your Service Partner that provided the Adapter) for assistance. The Adapter is factory sealed, and may not be serviced outside the factory. Never attempt any repairs of the Adapter yourself. Improper service can cause damage to the Adapter or your vehicle, or render the Adapter inoperable. PROBLEMS OR DAMAGE TO THE ADAPTER OR YOUR VEHICLE CAUSED BY IMPROPER SERVICE ARE NOT COVERED BY WARRANTY.

Note: The Adapter is not compatible with all vehicles. Please immediately remove the Adapter and contact Support in the App (or your Service Partner that provided your Adapter), should the Adapter physically interfere with any normal operation of your vehicle, indicate any audible or visual error, or fail to remain firmly attached to your vehicle’s OBD II port.

SAFETY INFORMATION AND WARNINGS

  • Read these Terms and Conditions carefully before using the Adapter. They contain instructions on how to use the Adapter in a safe and effective manner.
  • Failure to read and obey these safety precautions may result in an accident involving death, injury, or property damage.
  • Always operate the vehicle in a safe manner. Do not become distracted by an Adapter feature while driving, and always be fully aware of all driving conditions.
  • Do not attempt to inspect or adjust the Adapter while driving. Pull over in a safe and legal manner before attempting such operations.
  • Cargenta Services rely on wireless communication networks and the Global Positioning System (GPS) network. THESE SERVICES AND NETWORKS MAY NOT BE AVAILABLE EVERYWHERE OR AT ALL TIMES. THEREFORE, THE CARGENTA SERVICES MAY NOT BE AVAILABLE EVERYWHERE OR AT ALL TIMES, PARTICULARLY IN REMOTE OR ENCLOSED AREAS, OR IN ALL CARS AT ALL TIMES.

PRODUCTION ALERT

Upon initial installation into a vehicle, the Adapter may require up to ten (10) minutes to be ready for operation. During this time, some Service Features may be inoperative.

DEVICE REPAIR

  • Use the Adapter only as specified.
  • If you have problems with the Adapter, do not attempt to disassemble or repair the unit yourself. The Adapter does not contain any user- serviceable parts. Unauthorized repairs or modifications could result in accident, fire, electrical shock or permanent damage to the Adapter and/or your vehicle, and will void your warranty and your authority to operate the Adapter under FCC Part 15 regulations.
  • Ensure the Adapter is properly reinstalled after any vehicle inspection, or repair service.
  • Do not touch, bend or connect components to, or in any way modify, the connector terminals on the Adapter. Short circuits and damage could occur.
  • Should the Adapter require cleaning, wipe with a damp cloth. Do not spray liquid directly onto the Adapter.

GOVERNMENTAL NOTICE

  • The California Electronic Waste Recycling Act of 2003 requires recycling of certain electronics. For more Information on the applicability to the Adapter, see www.erecycle.org.
  • The Adapter complies with Part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) The Adapter may not cause harmful interference, and (2) the Adapter must accept any interference received, including interference that may cause undesired operation.
  • The Adapter has been tested and found to comply with the limits for a Class B digital device, pursuant to Part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. These limits are more stringent than “outdoor” requirements.
  • The Adapter complies with FCC radio frequency exposure limits set forth for an uncontrolled environment. In order to avoid the possibility of exceeding the FCC’s RF exposure limits, user proximity to the antenna shall not be less than 20 cm (8 inches) during normal operation. This transmitter must not be co-located or operating in conjunction with any other antenna or transmitter.

WIRELESS DATA SERVICE

Wireless data service may not be available in all areas or at all times. Therefore, the Cargenta Service may not be available in all areas or at all times.

GLOBAL POSITIONING SATELLITE SERVICE (GPS)

The Adapter requires GPS service to ascertain your precise location. GPS coverage may not be available in all places or at all times. Should GPS location data not be available, Cargenta may not be able to provide your precise location for any applicable Service Features.

VEHICLE OBD II COMMUNICATIONS ISSUES

The Adapter requires vehicle OBD II communications to determine the vehicle’s state and other specific information. The Cargenta Services may not work, or be less than fully operational, if the vehicle’s OBD II communications are unreliable or otherwise not functioning properly.

POWER ISSUES

The Adapter relies on the vehicle’s battery for power. Should the Adapter lose vehicle power, it will remain active for a period of time between few minutes up to 1 (one) hour using internal backup battery. After the backup battery power is used, the Adapter will shut down and will not send any further location or vehicle data until power from the vehicle battery is restored.

DEVICE DAMAGE

The Adapter may sustain serious damage, or disconnect from the vehicle, following a vehicle impact event, causing it to become inoperable.

ADD-ON ELECTRICAL EQUIPMENT

The Adapter is connected to the electrical architecture of the vehicle. Adding electrical equipment (i.e., two-way mobile radio, CB radio, data recorders, etc.) may interfere with the operation of the Adapter and cease your ability to operate it.

ADDITIONAL TERMS APPLICABLE TO USE OF THE CARGENTA APP

You agree that these Terms and Conditions and any additional terms of use and/ or service that may be provided to you by Cargenta (e.g. Terms and Conditions provided when you download the Cargenta App) will, collectively, apply to you and any additional users of the App.

You should use the security features that are available on your mobile or other Internet-enabled device to prevent unauthorized access and use of the App, including passwords and encryption.

AVAILABILITY, ERRORS AND INACCURACIES

We are constantly updating Cargenta Adapters and available features in the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

MODIFICATION OF TERMS AND CONDITIONS

Cargenta reserves the right to modify these Terms and Conditions (including the Privacy Policy and any other document or policy incorporated by reference into these Terms and Conditions), when needed. We also may cease to provide a Service Feature in whole or in part, if required by law, rule, or regulation, in which case you may cancel your Cargenta Service. If required by law, we will notify you in advance of any such changes. Otherwise, we may give you notice by posting a new version of these Terms and Conditions in the App.

PLEASE VISIT the menu items “Terms and Conditions” and “Privacy Policy” FOR THE MOST UP-TO-DATE PRODUCT AND SERVICE DETAILS, AND TERMS AND CONDITIONS. If you do not agree with any changes to these Terms and Conditions for any reason, then you may not use the Cargenta Service, and you may cancel your use of the Service as described elsewhere in these Terms and Conditions. Your continued access to or use of any of the Cargenta Services after any change takes effect will indicate your acceptance of the modified Terms and Conditions. Notwithstanding this provision, if we make any changes to any dispute resolution provision contained in these Terms and Conditions, such changes will not affect the resolution of any dispute that arose before such change.

RETURN AND CANCELLATION POLICY

Please email us at support@cargenta.com with your Order Confirmation # (can be found on the email you received after placing your order) to request a return authorization. You will need to specify which part(s) of the order you want to return if there are multiple items on your order and provide a reason for the return.

For damage or shipping problems please send photos of the damage, or describe the shipping issue, to support@cargenta.com with your Order Confirmation # as well as any other necessary pieces of information.

All returns require authorization from Cargenta. Returns will NOT be accepted without a Return Authorization # posted on the outside of the package. The warehouses that all returns are shipped back to receive numerous truck shipments and deliveries daily, if your return does not have an RMA number then it could mistakenly be received and put into inventory without your return being processed.

  • Return Policy Details

You may cancel your Data Plan and return your Adapter within thirty (30) days of your initial purchase (the “Return Period”). Upon receipt of the Adapter during the Return Period in good working condition (i.e., not damaged and not requiring repairs), all prior charges and fees will be refunded to you, unless otherwise specified in these Terms and Conditions.

The return option as noted above is NOT available for customers who purchased the product via Kickstarter or Indiegogo websites at discounted rates. If you purchased your Adapter via Kickstarter or Indiegogo, you may cancel and return your Adapter within the Return Period, under the following conditions:

  • You have contacted us in advance as specified in this policy and you have been granted a return authorization from Cargenta
  • The Adapter and the adapter box are returned to Cargenta in good working condition (i.e., not damaged and not requiring repairs/replacement)
  • All shipping, courier or import/export fees, related to the return are to be paid by you
  • The commission fees paid by Cargenta to Kickstarter or Indiegogo will be deducted from your refund
  • If the refund cannot be processed via Kickstarter or Indiegogo websites, which represent a limitation over which we do not have any control, the refund will be processed via wire bank transfer. In such case, the customer must provide their bank details where they wish the refund to be sent. The bank transfer is completed from a US bank account with SHA payment instructions, where any fees charged by your bank are your responsibility. If your bank charges any fees on incoming wire transfers you might receive a smaller amount.

If you return your Adapter, even if returned by mistake, after the Return Period, you will not receive a refund related to the Adapter and the Adapter you returned will not be returned to you.

Shipping charges, courier or import/export fees, will NOT be refunded, and you, the customer, are responsible for the return shipping charges.

A restocking fee might apply to your return.

  • Why the Restocking Fee?

Returns significantly increase the cost of doing business.

When customers want to return an item that was already packed and shipped out, we incur additional costs as a business. Most businesses, like us, help recover these additional costs with a restocking fee. By deducting a restocking fee, Cargenta is able to keep everyday prices lower on our website whereas other companies who provide what they consider “free returns” will inflate their everyday prices slightly to aid in covering the costs of their pre-paid return shipping labels.

The added costs we incur by allowing returns include:

Receiving and inspecting the returned product for defects or damage to both the product and the original packaging

Extra time and materials spent to put all returns back into inventory

The risk of taking back a product without any guarantee of future sales.

All non-defective items may incur up to a 15% restocking/handling fee. If the item was purchased during our “Free Shipping” promotion or was sold at a reduced flat rate shipping rate (cost of shipping to you was less than what was actually paid by the shipper), then you will be charged the difference of the actual shipping charge AND up to a 15% restocking/handling fee. Those charges/fees will be deducted from your refund.

  • Defective Product

If an item is defective within 24 months (2 years) from the date of delivery, please notify us immediately with details of the defect and await further instruction.

Cargenta reserves the right to determine if an item is defective or not after testing. Any item deemed non-defective will be processed as a refund instead of a reorder unless discussed otherwise. If you would like to have the product back, you will be responsible to pay for the shipping fees and any courier or import/export fees in both directions.

The following charges will be deducted from your refund if the item is NOT deemed defective:

A 15% restocking fee OR the difference in the original shipping if the item had “Free Shipping” or was sold at a reduced shipping rate (cost of shipping to the customer was less than what was actually paid by the shipper), whichever is greater.

  • Damaged Shipments

Please inspect all items upon delivery or shortly after the delivery. If you are present at the time of delivery and an item arrives damaged, please refuse the item (do not accept the shipment from the driver) and contact us for a return immediately.

If you are not present during the delivery, please inspect the items at your earliest opportunity and notify Cargenta of any damage. We will request photos of the damage to the product and to the shipping parcel. You have 7 days from the delivery date to notify Cargenta of products damaged in transit. *Please note: A damaged refusal is not the same thing as a Refused Shipment as described below.*

  • Refused Shipments

All refused/returned to sender shipments due to buyer’s remorse, changed minds and/or unavailable for delivery (which is an automatic return to sender by the shipping carrier) type scenarios will be subject to a 15% restocking fee, any courier or import/export fees, the return shipping charge if applicable and the difference in the original shipping if the item had “Free Shipping” or was sold at a reduced shipping rate (cost of shipping to the customer was less than what was actually paid). Credit will NOT be issued for shipping charges, no exceptions.

  • Order Cancellations

Orders that have already been submitted and are in the “Processing” status or “Shipped” status cannot be cancelled and must be returned which falls under the Return Policy guidelines. Special Order items cannot be cancelled and are non-refundable and non-returnable, no exceptions.

After the Return Period, you may cancel your Cargenta Service / Data Plan at any time. You are responsible for all charges billed or incurred prior to cancellation. If you do cancel, you will NOT be refunded for any unused portions of prepaid data charges associated with your use of the Cargenta Service in conjunction with an Adapter. Upon cancellation after the Return Period, the Adapter will be deactivated and is yours to keep.

Orders that are in “Pending” status can be cancelled by sending an email at support@cargenta.com with your Order Confirmation # (can be found on the email you received after placing your order) to request a cancellation authorization. You will need to specify which part(s) of the order you want to cancel if there are multiple items on your order and provide a reason for the cancellation.

  • Pre-order Cancellations

Pre-orders that have already been submitted and are in the “Processing” status or “Shipped” status cannot be cancelled and must be returned which falls under the Return Policy guidelines.

Pre-orders that are in “Pending” status can be cancelled by sending an email at support@cargenta.com with your Pre-Order Confirmation # (can be found on the email you received after placing your pre-order) to request a cancellation authorization. You will need to specify which part(s) of the pre-order you want to cancel if there are multiple items on your pre-order and provide a reason for the cancellation.

HOW TO CANCEL

You may cancel your subscription by contacting Support in the App or via Cargenta Website.

OUR TERMINATION RIGHTS

To the extent permitted by applicable law, Cargenta reserves the right to terminate your access to or use of the Cargenta Service and these Terms and Conditions if, in our sole judgment, you have breached these Terms and Conditions. In addition to all other termination rights provided in these Terms and Conditions, we may discontinue providing the Cargenta Service at any time upon thirty (30) days prior notice to you, and in such case only, the primary account holder will receive a pro-rated refund for the unused portion of any prepaid data subscription charges.

You agree that we are not liable to you for termination or discontinuance of any or all of the Service Features, unless otherwise expressly provided in these Terms and Conditions. All provisions of these Terms and Conditions which by their nature survive termination or expiration, shall survive termination or expiration of these Terms and Conditions.

NO TRANSFER OF THE ADAPTER

You represent, warrant and covenant that you will not sell or transfer the Adapter to another user and that you will not sell or transfer title to your vehicle or return a leased vehicle to its owner without first removing the Adapter. This is important to help protect your use of the Service and your information, and to avoid being charged for the Cargenta Service after the sale or transfer of your vehicle. If you sell or transfer your vehicle, you should remove the Adapter and notify Cargenta (via Support in the App or via Cargenta Website) that you would like to cancel your Service. You may transfer the Adapter to another vehicle that you own. To transfer the Adapter to another vehicle that you own, you should follow the instructions provided in the App at Frequent Questions and Answers.

LIMITATIONS OF THE SERVICE

AVAILABILITY OF CERTAIN FEATURES MAY BE LIMITED BY MAKE/ MODEL/YEAR OF VEHICLE AND LOCATION OF SERVICES PROVIDED

The information the Adapter can retrieve from your vehicle may be different than that available from other vehicles based on differences between manufacturers, models, and model years. In such cases, you may not receive access to certain Service Features that will be available to other people enrolled in the Service. In addition, certain features and services are not available in all countries where the Service is available.

OUR COVERAGE AREA

The Cargenta Service is currently only available in the following countries:

Afghanistan**, Albania, Algeria**, Andorra, Anguilla, Antigua & Barbuda, Argentina, Armenia, Aruba, Australia, Austria, Azerbaijan**, Bahrain, Bangladesh, Barbados, Belarus**, Belgium, Benin**, Bermuda, Bolivia, Bonaire**, Bosnia & Herzegovina, Brazil*, British Virgin Islands, Brunei, Bulgaria, Cambodia, Canada, Cape Verde**, Cayman Islands, Chad***, Chile, China, Colombia, Congo (DRC), Congo (Brazzaville)***, Costa Rica, Croatia, Cuba**, Curacao, Cyprus, Czech Republic, Denmark, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea**, Estonia, Faroe Islands, Fiji***, Finland, France, French Guiana, Gabon**, Georgia, Germany, Ghana, Gibraltar, Greece, Greenland**, Grenada, Guadeloupe, Guatemala, Guernsey, Guyana, Honduras, Hong Kong, Hungary, Iceland, India, Indonesia, Iran***, Ireland, Isle of Man, Israel, Italy, Jamaica, Japan, Jersey, Jordan, Kazakhstan, Kenya, Kosovo, Kuwait**, Kyrgyzstan Republic, La Désirade (French Antilles)**, Laos**, Latvia, Lebanon**, Les Saintes (French Antilles)**, Liechtenstein, Lithuania, Luxembourg, Macau**, Macedonia, Malawi***, Malaysia, Malta, Marie Galante (French Antilles)**, Martinique, Mauritius**, Mayotte, Mexico, Moldova, Monaco, Mongolia, Montenegro, Montserrat, Morocco, Mozambique, Myanmar, Namibia***, Netherlands, New Caledonia**, New Zealand, Nicaragua, Nigeria**, Norway, Oman**, Pakistan***, Palau**, Palestine**, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Puerto Rico, Qatar, Réunion, Romania, Russia, Rwanda***, Saint Barthelemy**, Samoa, Saudi Arabia, Serbia, Singapore, Slovakia, Slovenia, South Africa, South Korea, Spain, Sri Lanka, St. Kitts & Nevis, St. Lucia, St. Maarten**, St. Vincent, Surinam, Sweden, Switzerland, Tahiti**, Taiwan, Tajikistan**, Tanzania, Thailand, Togo**, Tonga***, Tunisia**, Turkey*, Turks & Caicos, Uganda***, Ukraine, United Arab Emirates, United Kingdom, United States, Uruguay, US Virgin Islands**, Uzbekistan, Vanuatu, Venezuela**, Vietnam, Zambia***, Zimbabwe***

SPECIAL CASES:

* Only Roaming mode possible. No permanent network available due to local country legislation. Email us at support@cargenta.com for more details.

** An additional fee of $5/year MIGHT apply for the Data Plans longer than 1 Year depending on your usage, due to local carrier surcharges. You will be notified in case the additional fee is to be applied for your Service. In such case, you will have 1 (one) month to make an additional payment in order to keep using the Service. In case, no payment is made, we reserve the right to terminate the Service.

*** An additional fee of $8/year APPLY for ALL Data Plans due to local carrier surcharges

NOT ALL CARGENTA SERVICES ARE AVAILABLE EVERYWHERE, PARTICULARLY IN REMOTE OR ENCLOSED AREAS, OR ON ALL CARS, AT ALL TIMES. The location of your vehicle, particularly in remote or enclosed areas, may affect the availability and quality of the Cargenta Service that we can provide to you. The Service generally works using wireless communication networks of our wireless Service Partners and the Global Positioning System (“GPS”) satellite network. The Adapter receives GPS signals and communicates with our data centers and those of our affiliates or Service Partners through use of wireless and landline communications networks. The Cargenta Service cannot work unless your vehicle is in a place where our wireless carriers and/or their roaming partners have coverage, network capacity and reception. The aspects of the Cargenta Service that involve location information about your vehicle cannot work unless GPS satellite signals are unobstructed, available in that location and compatible with the Adapter.

FORCE MAJEURE EVENTS

Various conditions beyond our control may prevent or delay us, our affiliates, or our Service Partners (or other third parties) from providing the Cargenta Service to you, or impair the quality of the Service that you or your vehicle may receive. These conditions include, for example and without limitation, atmospheric, geographic, or topographic conditions (such as buildings, hills or tunnels); failure to properly install the Adapter; incompatibility of the Adapter with your vehicle; damage to or failure to maintain your vehicle in good working order and in compliance with these Terms and Conditions or applicable laws, rules or regulations; inclement weather; failure, congestion or outages of utility or wireless networks (including interruption of wireless service); as well as war, acts of God, natural disaster, labor strikes or other acts, forces or causes beyond our, our affiliates, and our Service Partners’ (or other third parties) control. In the event any of the foregoing prevent or interfere with our provision of the Service to you, we may, at our discretion, suspend or terminate the Service (in whole or in part) or cancel your subscription, without notice to you and without any liability. Further, we, our affiliates, and our Service Partners (or other third parties) are not responsible for any Service or the Adapter’s failures, interruptions, delays, or impairments due to these causes.

LIMITS ON YOUR USE OF THE CARGENTA SERVICE AND THE ADAPTER

You agree not to use the Adapter, the Cargenta Service, any other services we may offer, or the Website and Cargenta App, in any way that is illegal, fraudulent or abusive, including to harass, threaten, abuse, defame, or slander, any individual or entity. You may not use the Cargenta Service in a manner that interferes with any other customer’s use of the Cargenta Service or our provision of the Service to our other customers. Certain information you receive through the Service is the property of us, our affiliates, or our Service Partners (or other third parties) and it may be subject to one or more copyrights, trademarks, service marks, patents, or other legal protections. You agree that the service is for your use only. You may not (or permit or cause any other party to) sell or resell or otherwise use the Adapter, the Cargenta Service or any other services we may offer, the Website, Cargenta App, or anything we provide to you for commercial purposes, nor may you reproduce, copy, modify, make derivative works from or otherwise display or distribute it.

Adapter use is not limited for individuals using the Service for personal use (“Personal Use”) in their own personal vehicle. Personal Use constitutes any usage which is not tied to using your vehicle to perform paid service or work for third party business or individual similar but not limited to: chauffer services, delivery services, rent-a-car, taxi services, drink and drive services. Such usage in excess of 2,500 miles or 4,000 kilometers per month and/or an excess of 150 hours of use during a month (including travel time and idle time) constitutes a breach of the current Terms and Conditions, and may result in termination of the Service.

Adapter use may also be limited for business, commercial or institutional users who use the Adapter in a vehicle reporting an excess of 2,500 miles or 4,000 kilometers per month and/or an excess of 150 hours of use during a month (including travel time and idle time).

Private, Business, Commercial and Institutional users who wish to use the Service for business or work related purposes (“Business Use”) should contact us via Cargenta Website, email or phone and request a custom quote tied to their specific usage needs.

Usage of Cargenta Data Plans and wireless data connectivity (“Data Plan”) in any other means but in conjunction with a Cargenta Adapter is strictly prohibited. Such usage constitutes a breach of the current Terms and Conditions and will result in immediate termination of the Service.

One Data Plan is tied to one Adapter. Usage of Cargenta Data Plan with a different Adapter than the one initially supplied with is strictly prohibited. Such usage constitutes a breach of the current Terms and Conditions, and will result in immediate termination of the Service.

UNLIMITED DATA SERVICE

The Unlimited Data Service (“Unlimited Data”) refers to the Internet data service included with some Cargenta Brain Adapters. It is intended to be operational for a period of at least 5 years in combination with a Cargenta Adapter and there are no restrictions for Personal Use as outlined in the current Terms and Conditions.

The Unlimited Data might be restricted for Business Use if the Adaptor is used for an excess of 2,500 miles or 4,000 kilometers per month and/or an excess of 150 hours of use during a month (including travel time and idle time).

The 5 years period refers to the period during which Cargenta can guarantee the availability and operation of the Unlimited Data. This term may be prolonged for an indefinite amount of time as long as the service remains available by our Service Partners under the same or similar conditions. In case of service availability termination by our Service Partners either due to change in their service terms and conditions or technology obsolescence, Cargenta will make a reasonable effort to offer a substitute for the Unlimited Data. Such substitute is not guaranteed and is subject to market availability from another Service Partner.

TERMS ABOUT SPECIFIC SERVICES

The Cargenta Service Features may change from time to time and may vary depending on your subscription or the laws, rules or regulations of the state or country in which you live. For the most current description of the Cargenta Service, please go to cargenta.com.

YOUR RESPONSIBILITIES

Without limiting any of the other provisions of these Terms and Conditions, you agree to the following responsibilities:

DRIVE SAFELY

You have full responsibility and assume all risks related to the use of the Cargenta Service in your vehicle. You may only use the Service when it is safe to do so. Failure to do so may result in an accident involving serious injury or death. You are responsible for following all applicable laws, rules, and regulations, including requirements of relevant government regulatory bodies, applicable to the use of the Service.

NOT INSURANCE

The Service is not an insurance product and Cargenta (as well as its Service Partners) is not an insurance company. The Service does not insure you, your property, your vehicle, or anyone else. You are responsible for obtaining appropriate and applicable insurance on you, your property, your vehicle, or anyone else.

ACCOUNT INFORMATION/SECURITY MEASURES

You agree that you will provide Cargenta with true and accurate Account information and will keep that information up to date. You are responsible for ensuring that we have your current and valid wireless telephone number and/or email address. You can change your telephone number at any time by updating this information in the App. Additionally, you may change your email address by contacting Support or directly in the Mobile App.

You will notify us immediately of any breach of security or unauthorized use of the Service and/or your subscription. We will not be liable for any losses resulting from unauthorized access to or use of the Service or your subscription and you may be liable to us or other parties due to such unauthorized access and/or use.

MISUSE OR MODIFICATION OF THE SERVICE

You will not copy, reproduce, distribute, decompile, reverse engineer, disassemble, remove, alter, circumvent, or otherwise tamper with any security technology, convert to any use not authorized by us or claim ownership in the Service or any other party’s information or materials associated with the Service; and you will not remove, modify, or obscure any copyright notices, trademarks, or other proprietary rights notices on or contained in or on any portion of the Service or any information or materials on or obtained from the Service.

COMMUNICATIONS FROM US AND/OR OUR SERVICE PARTNERS

We may contact you about the Services (which may include cancellation of the Services) using notifications through In-App Messages, postal mail, telephone calls, SMS, and e-mail using any electronic address you have provided to us.

If you wish to contact us, please do so via the Support menu item in the App or via the Cargenta Website.

LIMITED WARRANTY

CARGENTA ADAPTER LIMITED WARRANTY: Cargenta warrants all new Adapters against all defects or malfunctions for a duration of 24 months (2 years) of the date of purchase.

This limited warranty is extended to the initial person to whom purchased the Adapter (the “Consumer”). The Consumer may be referred to collectively throughout this limited warranty as “you,” “your,” or “yours.” Coverage under this limited warranty terminates if the Consumer sells the Adapter, cancels the related data subscription, and/or the data subscription expires (i.e., does not renew).

TO THE EXTENT ANY IMPLIED WARRANTY IS REQUIRED BY LAW, IT IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD DESCRIBED ABOVE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THIS ADAPTER LIMITED WARRANTY DOES NOT APPLY TO

  • Adapters on which the serial number, housing of the Adapter or the warranty sticker has been damaged, removed, or tampered with in any way.
  • Damages or operating problems that result from misuse, abuse, operation outside environmental specifications or contrary to the requirements or precautions in these Terms and Conditions, floodings, lightning strikes or other natural causes, modification or alteration, incorrect electrical current or voltage, signal reception or input, software errors that do not disable functionality, institutional use, commercial use, or Business Support Purposes, or other causes not arising out of defects in material or workmanship.

The cost of repair or replacement under these excluded circumstances shall be borne exclusively by you and not by Cargenta.

  • Adapters that are no longer compatible with the applicable wireless service provider network (i.e., if Cargenta’s wireless provider no longer provides 2G, 3G or 4G service, a 2G, 3G or 4G Adapter would not be replaced by a newer adapter (i.e., 5G) under this warranty.

This warranty gives you specific legal rights, and you may also have other rights which vary from country to country or state to state.

ACTIVE DATA SERVICE FOR ADAPTERS COVERED BY THE LIMITED WARRANTY

Each Data Service is tied to a single Adapter and is generally not transferrable to another Adapter, unless the below requirements are met:

  • An active Data Service tied to Adapters replaced by Cargenta under the Limited Warranty will be provided for the replacement Adapter under the same conditions and duration as the original Data Service.

An active Data Service tied to Adapters not subject to the Limited Warranty will not be provided or transferred to another Adapter, unless this is specifically listed in the current Terms and Conditions. In such case you will need to purchase a new Adapter with new Data Service if you wish to continue using the Service.

ACTIVE DATA SERVICE FOR ADAPTERS NOT COVERED BY THE LIMITED WARRANTY

Each Data Service is tied to a single Adapter and is generally not transferrable to another Adapter, unless the below requirements are met. Therefore, an active Data Service tied to Adapters not subject to the Limited Warranty will be provided / transferred to another Adapter as exception, under the same conditions and duration as the original Data Service, only in the following scenarios:

  • The original Adapter fails or malfunctions after the initial 24 months (2 year) warranty period
  • The original Adapter is no longer compatible with the applicable wireless service provider network

In order for Cargenta to provide / transfer the original Data Service to a new Adapter in the two scenarios listed above, all the following conditions should be met:

  • A new Adaptor should be purchased from the person to whom the initial warranty was extended.
  • The original Adapter has to be returned to Cargenta, while all shipping costs shall be borne exclusively by you and not by Cargenta.

The Data Service transfer is not applicable and will not be provided / transferred to another Adapter, even if all above conditions are met in the following cases:

  • Adapters on which the serial number, housing of the Adapter or the warranty sticker has been damaged, removed, or tampered with in any way.
  • Damages or operating problems that result from misuse, abuse, operation outside environmental specifications or contrary to the requirements or precautions in these Terms and Conditions, floodings, lightning strikes or other natural causes, modification or alteration, incorrect electrical current or voltage, signal reception or input, software errors that do not disable functionality, institutional use, commercial use, or Business Support Purposes, or other causes not arising out of defects in material or workmanship.
  • The original Adapter has been sold/transferred to another person / business entity.

In all such cases the Data Service will not be provided / transferred and you will need to purchase a new Adapter with new Data Service if you wish to continue using the Service.

TO OBTAIN WARRANTY SERVICE

To obtain warranty service, contact Support in the App or via Cargenta Website.

Warranty is limited to repair or replacement of the Adapter, at the sole discretion of Cargenta.

NO OTHER WARRANTY

THE ADAPTER LIMITED WARRANTY IS IN LIEU OF AND CARGENTA EXPRESSLY DISCLAIMS, WHERE AND TO THE EXTENT PERMITTED BY LAW, ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE ADAPTER AND THE CARGENTA SERVICES, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, CARGENTA DOES NOT WARRANT THE OPERATION, PERFORMANCE OR AVAILABILITY OF THE SERVICES, OR THAT THE SERVICES WILL CONTINUE IN EXISTENCE FOR ANY PERIOD OF TIME, OR THAT FUTURE OPERATION OF THE SERVICES WILL BE COMPATIBLE WITH CURRENT OPERATION OR APPLICATIONS.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, CARGENTA MAKES NO REPRESENTATIONS THAT THE SERVICES WILL BE ERROR-FREE OR FREE FROM LOSS, INTERRUPTION, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND CARGENTA DISCLAIMS ANY LIABILITY RELATING THERETO.

IN PARTICULAR, ALTHOUGH CARGENTA ENDEAVORS TO ENSURE SUCCESSFUL DETECTION OF MOST CRASHES, NOT ALL CRASHES MAY BE DETECTED AND CARGENTA DOES NOT GUARANTEE THAT THE SERVICE OR ADAPTER WILL DETECT AND/OR REPORT ALL VEHICLE CRASHES OR THAT EMERGENCY ASSISTANCE WILL BE PROVIDED IN THE EVENT OF ANY CRASH. CARGENTA IS NOT LIABLE FOR THE ACTIONS OR INACTIONS OF THE USER, OR OF ANY EMERGENCY RESPONDERS OR OTHER SERVICE PROVIDERS WE MAY CONTACT ON YOUR BEHALF, OR FOR THE SERVICE’S INABILITY TO CONTACT ANY EMERGENCY RESPONDER OR OTHER SERVICE PROVIDER IN ANY PARTICULAR SITUATION. FURTHER, WE DO NOT GUARANTEE THAT USE OF THE ADAPTER, SOFTWARE OR SERVICES WILL RESULT IN ANY GAS SAVINGS OR EFFICIENCIES, OR ANY OTHER PARTICULAR RESULTS OR BENEFITS. THE SERVICE INCLUDES LOCATION TRACKING FEATURES BUT IT IS NOT INTENDED AND SHOULD NOT BE USED AS A STOLEN VEHICLE LOCATION AND RECOVERY SERVICE. YOU ARE SOLELY RESPONSIBLE FOR SAFE VEHICLE OPERATION AND PROPER VEHICLE MAINTENANCE AND YOU SHOULD ALWAYS OBTAIN PROFESSIONAL ASSISTANCE FROM A VEHICLE SPECIALIST FOR DIAGNOSIS AND REPAIR OF ANY ERRORS OR OTHER PROBLEMS WITH YOUR VEHICLE.

Through your use of the Cargenta Service, you may have the opportunity to engage in commercial transactions with our affiliates, Service Partners, or other vendors, such as automobile dealerships, insurance companies, and others. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller of such merchandise and services and you.

WE MAKE NO WARRANTY REGARDING ANY SUCH TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, WEBSITE, AND CARGENTA APP, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE OR CARGENTA APP AND/ OR THE SERVICE, FROM A THIRD-PARTY IS PROVIDED SOLELY BY SUCH THIRD-PARTY, AND NOT BY US OR ANY OF OUR AFFILIATES.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOU (AND/OR ANY OTHER USER OR OCCUPANT OF YOUR VEHICLE) EXERCISE GOOD JUDGMENT AND OBEY TRAFFIC RULES AND ALL OTHER APPLICABLE LAWS AND REGULATIONS WHEN OPERATING YOUR VEHICLE, ACCESSING AND/OR USING THE SERVICE, PERMITTING OTHERS TO USE YOUR VEHICLE AND/OR EVALUATING WHETHER THE USE OF ANY OF THE SERVICE FEATURES IS SAFE AND LEGAL UNDER THE CIRCUMSTANCES. THE DIAGNOSTIC DATA SERVICES ARE INFORMATIONAL ONLY AND ARE DESIGNED TO HELP IDENTIFY THE LIKELY SOURCE OF A PROBLEM BASED ON THE DIAGNOSTIC CODES TRIGGERED AND ARE NOT INTENDED TO REPLACE ACTUAL IN-PERSON SERVICE EVALUATIONS.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CARGENTA, INC. AND ITS LICENSEE AND LICENSORS, AND THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS AND DIRECTORS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES), RESULTING FROM OR ARISING OUT OF A) YOUR USE AND ACCESS OF THE SERVICE, BY YOU OR ANY PERSON USING YOUR ACCOUNT AND PASSWORD, OR B) A BREACH OF THESE TERMS.

LIMITATIONS OF LIABILITY

OTHER THAN AS SET FORTH ELSEWHERE IN THESE TERMS AND CONDITIONS, YOU AGREE THAT ANY CLAIMS YOU MAY HAVE AGAINST US FOR DAMAGES OR OTHER MONETARY RELIEF ARE LIMITED TO DIRECT DAMAGES. TO THE EXTENT PERMITTED BY LAW, CARGENTA WILL NOT BE LIABLE IN ANY WAY IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE CARGENTA SERVICE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR PROFITS, LOST OR CORRUPTED DATA, OR ANY OTHER DAMAGE WHETHER BASED IN CONTRACT, TORT OR OTHERWISE. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CARGENTA’S AGGREGATE LIABILITY EXCEED $77 USD. THESE LIMITS AND EXCLUSIONS APPLY EVEN IF CARGENTA KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES AND WHETHER ARISING BASED ON NEGLIGENCE, TORT OR BREACH OF CONTRACT. THESE LIMITATIONS SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND CONDITIONS, AND APPLY TO ANYONE USING THE SERVICES OR ADAPTER OR MAKING A CLAIM ON YOUR BEHALF. SOME US STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

YOU ARE RESPONSIBLE FOR YOUR ADAPTER IF IT IS LOST, STOLEN OR SUBJECT TO MORE THAN ORDINARY WEAR AND TEAR.

Under California Civil Code Section 1789.3, users of the Hardware from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Cargenta, Inc., 651 N Broad St, Suite 206, Middletown, Delaware 19709, USA (“Notice Address”).

CARGENTA CONTACT

Cargenta wants you to be satisfied with its products and services. Should you have any questions about or difficulties with the operation or performance of your Adapter or the Cargenta Services, please contact client support personnel using the communication channels available in the Mobile App or on the Cargenta Website.

INTELLECTUAL PROPERTY/OWNERSHIP

The Service and all information and software provided by us through the Service, including the Cargenta App, are and shall remain our (or our affiliates’ or applicable Service Partners’) sole and exclusive property, are protected by United States copyright laws and may be subject to other intellectual property protections, including patent and trademark rights. You may not copy, distribute, modify, publish, broadcast, retransmit, re-use or otherwise reproduce the Service, information or software in any medium. Any violation of this restriction is an infringement of copyright or proprietary rights in the Service, information and software. As between you and us, we (and our affiliates and applicable Service Partners) own or license all such software and you do not acquire any rights in such software, including any right to use or modify the software (other than in the ordinary course of your receipt and use of the Service in accordance with these Terms and Conditions). We may update the software contained in the Adapter or Cargenta App from time to time. We may do this remotely without notifying you first. These software updates or changes may affect or erase data or metadata that is stored in the Service. We are not responsible for any affected or erased data or metadata due to a software update or change.

Any trademarks, logos and service marks (collectively, “Trademarks”) displayed in connection with the Cargenta Service are the registered and/or unregistered trademarks of Cargenta, its affiliates, applicable Service Partners or other third parties. Nothing herein or contained in the Service may be construed as granting, by implication, estoppel or otherwise, any license or right to use or display any Trademarks or any variation thereof without the written permission of Cargenta or the owner thereof.

THIRD-PARTY BENEFICIARIES

Without limitation of anything else set forth herein, you have no contractual relationship whatsoever with any of our affiliates or Service Partners, and these Terms and Conditions do not give you any rights against any affiliate or Service Partner. You are not a third-party beneficiary of any agreement between us and any of our affiliates or Service Partners. None of our affiliates or Service Partners has any legal, equitable, or other liability of any kind to you under this agreement. In contrast, our parent companies, affiliates, subsidiaries, agents, predecessors in interest, successors in interest, and Service Partners are intended beneficiaries of the protections contained in these Terms and Conditions relating to, among other things, limitations regarding the Service and its use and limitations on liability.

OPEN SOURCE NOTIFICATION

The Cargenta Service may contain certain software that is covered by open-source licensing requirements. All open-source software that may be contained with the Cargenta Service is distributed WITHOUT ANY WARRANTY. All such software is subject to the copyrights of the authors and to the terms of the applicable licenses included in the list.

ASSIGNMENT

We may, at any time, assign these Terms and Conditions, including our rights, interests and obligations thereunder, in whole or in part, or delegate any of our responsibilities under these Terms and Conditions to any other person or entity with prior notice to you. You may not assign these Terms and Conditions, including any of your rights, interests and obligations thereunder, in whole or in part, or delegate any of your responsibilities under these Terms and Conditions without our prior written consent. We are not under any obligation to give our consent, and any attempt to assign this Agreement without our written consent shall be null and void.

NO WAIVER

No waiver of any right or obligation under these Terms and Conditions by us on any occasion will constitute a waiver of that right on any subsequent occasion. In any event, no waiver by us of any right of ours is effective against us unless it is in a writing signed by us.

NOTICES

BY YOU

Unless expressly specified otherwise in these Terms and Conditions, all notices, requests, consents, approvals, and other communications required or permitted by you under these Terms and Conditions must be in writing and shall be deemed given when delivered in hand or five business days after being mailed using a reliable national mail service, registered or certified mail, postage prepaid, and addressed to Cargenta Inc. 651 N Broad St, Suite 206, Middletown, Delaware 19709, USA. Cargenta may change its address for notification purposes by giving notice to you.

BY CARGENTA

We may issue notices via various channels, including by posting messages on our Website, sending you email, or posting messages through the Cargenta App. You consent to receive such notices and agree that any such notices that Cargenta sends to you shall be legally effective. You agree that any notices sent by email satisfy any requirement that the notices be provided in writing. If you do not agree, do not accept these Terms and Conditions. You may have the right to withdraw your consent to receiving certain electronic communications, and, when required by law, we will provide you with paper copies of all documents and records upon request. You may do so by contacting us at Cargenta Inc. 651 N Broad St, Suite 206, Middletown, Delaware 19709, USA. If you withdraw your consent, we reserve the right to terminate these Terms and Conditions and the related Services. To receive or access the notices we send via email, you must have Internet access and a computer or device with a compatible web browser. You will also need software capable of viewing files in Portable Document format (“PDF”). To retain the notices we send you, your device or computer must have the ability to download and store electronic communications, including PDF files. By accepting these terms, you verify that you are able to receive, access, and retain the notices we may send. You may change your email address for notification purposes at any time by updating your email address in the App.

ARBITRATION

WE HOPE TO MAKE YOU A SATISFIED CUSTOMER, BUT IF THERE IS AN ISSUE THAT NEEDS TO BE RESOLVED, THIS SECTION OUTLINES WHAT IS EXPECTED OF US BOTH.

YOU AND WE BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION OR IN SMALL CLAIMS COURT. YOU UNDERSTAND THAT BY THIS AGREEMENT, YOU ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY. WHILE THE PROCEDURES MAY BE DIFFERENT, AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THESE TERMS AND CONDITIONS, AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS’ FEES, AN ARBITRATOR CAN AWARD THEM TOO. WE ALSO BOTH AGREE THAT:

  1. THE FEDERAL ARBITRATION ACT APPLIES TO THESE TERMS AND CONDITIONS. EXCEPT FOR SMALL CLAIMS COURT CASES THAT QUALIFY, ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUR OF THESE TERMS AND CONDITIONS OR FROM ANY EQUIPMENT, PRODUCTS AND SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES), INCLUDING ANY DISPUTES YOU HAVE WITH OUR EMPLOYEES OR AGENTS, WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) OR BETTER BUSINESS BUREAU (“BBB”). YOU CAN ALSO BRING ANY ISSUES YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE OR LOCAL GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU.
  2. UNLESS YOU AND WE AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN THE COUNTY IN WHICH THE PRIMARY ACCOUNT HOLDER’S REGISTERED ADDRESS WITH US IS LOCATED. FOR CLAIMS OVER $10,000 USD, THE AAA’S WIRELESS INDUSTRY ARBITRATION (“WIA”) RULES WILL APPLY. IN SUCH CASES, THE LOSER CAN ASK FOR A PANEL OF THREE NEW ARBITRATORS TO REVIEW THE AWARD. FOR CLAIMS OF $10,000 USD OR LESS, THE PARTY BRINGING THE CLAIM CAN CHOOSE EITHER THE AAA’S RULES FOR CONSUMER DISPUTES OR THE BBB’S RULES FOR BINDING ARBITRATION OR, ALTERNATIVELY, CAN BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. YOU CAN GET PROCEDURES, RULES AND FEE INFORMATION FROM THE AAA (WWW.ADR.ORG), THE BBB (WWW.BBB.ORG) OR FROM US. FOR CLAIMS OF $10,000 USD OR LESS, YOU CAN CHOOSE WHETHER YOU’D LIKE THE ARBITRATION CARRIED OUT BASED ONLY ON DOCUMENTS SUBMITTED TO THE ARBITRATOR, OR BY A HEARING IN PERSON OR BY PHONE.
  3. THESE TERMS AND CONDITIONS DO NOT ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA OR BBB PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THESE TERMS AND CONDITIONS. ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS PARAGRAPH SHALL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.
  4. IF EITHER OF US INTENDS TO SEEK ARBITRATION UNDER THESE TERMS AND CONDITIONS, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 30 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO US SHOULD BE SENT TO: CARGENTA 651 N BROAD ST, SUITE 206, MIDDLETOWN, DELAWARE 19709, USA. THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM AND THE RELIEF SOUGHT. IF WE ARE UNABLE TO RESOLVE THE DISPUTE WITHIN 30 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION.
  5. AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CANNOT BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
  6. IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH ABOVE IN SUBSECTION (3) CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY.
  7. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND WE UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESET TERMS AND CONDITIONS IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.

SEVERABILITY

If any term or provision of these Terms and Conditions, or of any document incorporated herein by reference, is held by a court of competent jurisdiction to be contrary to law, then that term or provision shall be severed from these Terms and Conditions, and the remaining provisions of these Terms and Conditions or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby. Each provision of these Terms and Conditions shall be valid and enforceable to the extent permitted by law and unless prohibited by law.

GOVERNING LAW

Except where Cargenta has agreed otherwise elsewhere in these Terms and Conditions, interpretation of these Terms and Conditions and any disputes covered by it are governed by federal law and the laws of the State of Delaware, excluding its conflict of law provisions.

ENTIRE AGREEMENT

This Terms and Conditions document (including the Privacy Policy and any other document or policy incorporated by reference into these Terms and Conditions) constitutes the entire agreement between you and us. It supersedes all other agreements, communications or representations, oral or written, between us, past or present. Cargenta is not responsible for any statements, agreements, representations, warranties or covenants, oral or written, including, without limitation, any statements from third parties, anything said by sales or Support representatives, concerning or relating to the Adapter or the Service provided to you pursuant to these Terms and Conditions or your subscription, unless such statements, agreements, representations, warranties or covenants are expressly contained in these Terms and Conditions.

QUESTIONS, CONCERNS AND COMMENTS

If you have any questions regarding our Terms and Conditions, please contact us:

Cargenta, Inc.

651 N Broad St

Suite 206

Middletown, Delaware 19709

United States