Effective May 9th 2023
Introduction
Welcome to the AutoSky+ mobile application ("AutoSky+ App" or "App") developed by Promaster Electronic LLC ("we", "us", or "our"). AutoSky+ is a mobile tracking and GPS service that allows users to view real-time locations of mobile devices and GPS trackers.
By downloading, accessing, or using the AutoSky+ App, you agree to be bound by these Terms of Use ("Terms"), our Privacy Policy, and any additional terms, conditions, or policies applicable to specific features of the App. If you do not agree with these Terms, you must not access or use the AutoSky+ App.
1. Eligibility
To use the AutoSky+ App, you must be at least 18 years old or have obtained consent from your parent or legal guardian if you are under 18 years old. By using the App, you represent and warrant that you meet these eligibility requirements.
2. License Grant and Restrictions
We grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the AutoSky+ App on a single mobile device for personal, non-commercial purposes. You may not copy, modify, distribute, sell, or lease any part of the App, nor may you reverse engineer or attempt to extract the source code of the App, except as permitted by law or with our prior written consent.
3. User Accounts
To use the AutoSky+ App, you may need to create a user account. You are responsible for maintaining the confidentiality of your account credentials and ensuring that your account information is accurate and up-to-date. You are also responsible for all activities that occur under your account. You must notify us immediately if you suspect any unauthorized use of your account.
4. User Content and Conduct
You are solely responsible for any data, information, or content you provide, submit, or transmit through the AutoSky+ App, including location data, personal information, and device information (collectively, "User Content"). By submitting User Content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.
You agree not to use the AutoSky+ App to:
Violate any applicable laws, regulations, or terms of any agreements with third parties;
Stalk, harass, or threaten any person;
Interfere with, disrupt, or damage the AutoSky+ App or servers, networks, or other equipment connected to the App;
Transmit any viruses, malware, or other harmful code through the App;
Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
Collect, store, or share personal information about others without their consent.
5. Location Data
The AutoSky+ App relies on location data from your mobile device or GPS trackers to provide its services. By using the App, you consent to the collection, use, and sharing of location data as described in our Privacy Policy.
6. Goods and Services outside the application
This application uses a subscription system that is only for the payment of the SIM CARD associated with the GPS that is in the Vehicle or GPS Tracker, so an external payment system is used for the payment of said service that is consumed outside the application.
7. Cancellation of a Subscription
YOUR PURCHASE OF A SUBSCRIPTION IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND AT ANY TIME. But if something unexpected happens in the course of completing the Transaction for your purchase of a subscription, we reserve the right to cancel your Transaction for any reason.
Without limiting the foregoing, you may cancel your subscription at any time, but please note that such cancellation will be effective at the end of the then-current Monthly, Semi-Annual or Annual Subscription period. Through the App, you may cancel your Subscription on the lower tab named “Plan”.. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current subscription period. If you cancel, your subscription will continue until the end of your then-current subscription period and will then terminate without further charges.
8. Third-Party Services
The AutoSky+ App may contain links to third-party websites, applications, or services. We do not control or endorse these third-party services, and we are not responsible for their content, products, or services.
9. Intellectual Property Rights
The AutoSky+ App and its content, features, and functionality, including software, text, graphics, logos, and images, are owned by Promaster Electronic LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property rights laws.
10. Disclaimers and Limitation Of Liability
10.1 Disclaimers
THE AUTOSKY+ APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT, FEATURES, OR FUNCTIONALITY OF THE AUTOSKY+ APP. YOUR USE OF THE APP IS AT YOUR SOLE RISK.
10.2 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROMASTER ELECTRONIC LLC, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE AUTOSKY+ APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE AUTOSKY+ APP EXCEED THE AMOUNT OF FEES PAID BY YOU FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
11. Indemnification
You agree to defend, indemnify, and hold harmless Promaster Electronic LLC, its affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the AutoSky+ App or your violation of these Terms or any applicable law.
12. Termination
We may, in our sole discretion, suspend or terminate your access to the AutoSky+ App or your user account at any time and for any reason, including but not limited to your violation of these Terms or our Privacy Policy. Upon termination, all rights and licenses granted to you under these Terms will immediately cease.
13. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the jurisdiction in which Promaster Electronic LLC is established, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction in connection with any disputes arising out of or relating to these Terms or the AutoSky+ App.
14. Changes to These Terms
We may update or modify these Terms at any time and for any reason, by posting the updated Terms on our website or within the AutoSky+ App. Your continued use of the App after any changes to the Terms constitutes your acceptance of the updated Terms.
15. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Promaster Electronic LLC
25511 Budde Rd, Suite 1602
The Woodlands, Texas, 77381
United States
16. Miscellaneous
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us with respect to the AutoSky+ App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any provision of these Terms does not constitute a waiver of such provision or our right to enforce it.
17. Third-Party Services and Integrations
The AutoSky+ App may contain links to, or integrations with, third-party services, products, or applications. These third-party services may be subject to their own terms and conditions and privacy policies, which you should review carefully before using them. We are not responsible for, and do not endorse, the content or practices of any third-party service or product.
18. International Users
The AutoSky+ App is controlled and operated by Promaster Electronic LLC from its offices within the jurisdiction in which it is established. We make no representation that the App is appropriate or available for use in other locations. Those who access or use the App from other jurisdictions do so at their own volition and are responsible for compliance with local law.
19. Force Majeure
We shall not be liable for any failure or delay in the performance of our obligations under these Terms due to any event or circumstance beyond our reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, strikes, labor disputes, government action, natural disasters, or interruptions in telecommunications or internet services.
20. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction and without notice to you.
21. Severability
If any provision of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
22. Headings
The headings in these Terms are for convenience only and have no legal or contractual effect.
23. Notices
Any notices or other communications provided by us under these Terms, including those regarding modifications to the Terms, will be given by posting the revised Terms on our website or within the AutoSky+ App. You agree to receive all communications, including notices and updates, from us electronically.