Terms and Conditions

1. Acceptance of Terms

By accessing or using the SmartWheels platform ("Services"), including our mobile applications, websites, tracking devices, dashboards, and related services, you agree to comply with and be bound by these Terms and Conditions.

If you do not agree with these Terms, please do not use the Services.

2. Eligibility & Territory

The Services are intended for customers located within the United States.

The Services are designed for individuals, families, businesses, and organizations that monitor vehicles, assets, equipment, or authorized drivers.

You are responsible for ensuring that your use of the Services complies with all applicable laws, regulations, and privacy requirements in your jurisdiction.

By using the Services, you represent that you have the legal authority to monitor and collect data relating to any vehicle, asset, or driver connected to your account.

3. Products & Service Description

SmartWheels provides GPS tracking, location monitoring, trip analytics, and related telematics services through the following products:

• SmartWheels Drive App: A smartphone-based solution that provides:
  • Trip tracking
  • Driving behavior insights
  • Driver safety scoring
  • Location history
  • Geo-fence notifications
  • Driving reports and analytics
• SmartWheels Magnetic GPS Tracker: A rechargeable GPS tracking device designed for vehicles, trailers, equipment, tools, boats, and other movable assets.
• SmartWheels Magnetic Tag: A compact GPS tracking device that provides location visibility, movement monitoring, and trip history for vehicles and assets.
• SmartWheels Regular Tag: A GPS tracking device designed for long-term vehicle and asset tracking applications.
• Mobile Applications & Dashboards: SmartWheels mobile and web platforms provide access to:
• Live and historical location information
• Trip history
• Alerts and notifications
• Geo-fencing features
• Reporting and analytics
• Device management tools

All SmartWheels products and services operate under a subscription-based model.

4. Subscription, Billing & Account Registration

Certain SmartWheels features require an active subscription.

By subscribing, you authorize recurring billing until your subscription is canceled.

Subscriptions automatically renew unless canceled before the renewal date.

Refunds are generally not provided for:

• Partial billing periods
• Unused subscriptions
• Unused features
• Failure to use the Services

To access the Services, you may be required to create an account.

You agree to:

• Provide accurate and complete information
• Maintain current account information
• Keep login credentials secure
• Notify SmartWheels of unauthorized account activity

You are responsible for all activity that occurs under your account.

5. Hardware Purchase, Activation & Returns

Certain SmartWheels Services require the use of tracking devices purchased through SmartWheels or authorized sellers.

Customers are responsible for:

• Following installation instructions
• Maintaining device charge levels
• Using devices only for their intended purpose

Returns, exchanges, and warranty claims are governed by the SmartWheels Return Policy available on our website.

Improper installation, misuse, unauthorized modification, accidental damage, or neglect may void eligibility for warranty or replacement services.

6. Customer Responsibilities

You are responsible for:

• Properly installing and maintaining SmartWheels devices
• Keeping devices charged and operational
• Maintaining smartphone permissions required by the Drive App
• Ensuring adequate cellular and GPS coverage when possible
• Ensuring adequate cellular and GPS coverage when possible
• Complying with all applicable privacy and tracking laws
• Obtaining appropriate consent before monitoring another person, vehicle, or asset

You agree not to use SmartWheels products for unlawful surveillance, stalking, harassment, or any prohibited activity.

7. Data Collection & Privacy

SmartWheels collects and processes information in accordance with its Privacy Policy. Privacy Policy, available on the website and mobile app. By using the Services, you consent to the collection and use of data including, without limitation:

To provide trip tracking and driving insights, the SmartWheels Drive App may request access to:

• Location services (including background location access)
• Motion and activity data
• Bluetooth access when applicable
• Push notifications
• Mobile device information required for functionality

The Drive App may collect:

• GPS location information
• Trip history and route information
• Speed and movement data
• Driving behavior events
• Motion sensor information
• Device diagnostics and telemetry

SmartWheels tracking devices may collect:

• GPS location data
• Movement and trip history
• Device status information
• Battery level information
• Cellular connectivity information
• Device diagnostics

Collected information may be used for:

• Vehicle and asset tracking
• Trip analysis and reporting
• Driver safety insights
• Geo-fence alerts
• Device management
• Customer support
• Product improvement
• Service optimization
• Analytics and reporting

SmartWheels does not sell personal information to third-party data brokers.

Data may be shared:

• With service providers supporting SmartWheels operations
• With insurance partners when authorized by you
• When required by law, court order, or legal process

While SmartWheels employs commercially reasonable security measures, no wireless, cellular, internet-based, or cloud-based system can be guaranteed completely secure.

8. Service Limitations & Disclaimers

8.1 Cellular Connectivity

Many SmartWheels features rely on cellular network availability.

Coverage limitations, carrier outages, congestion, or network restrictions may affect service performance.

8.2 GPS Availability

GPS accuracy and availability may be affected by:

• Buildings
• Parking garages
• Tunnels
• Weather conditions
• Signal interference
• Terrain
• Physical obstructions

Location updates may be delayed, inaccurate, or unavailable under such conditions.

8.3 Device Placement

The placement of a tracking device can affect signal reception, update frequency, and overall performance.

SmartWheels does not guarantee uninterrupted tracking under all installation conditions.

8.4 Device Power

Tracking devices depend on sufficient battery power.

Certain vehicles may fail to report required data such as ignition state, speed, or diagnostic parameters. SmartWheels does not guarantee compatibility with all vehicles and is not responsible for reduced functionality caused by platform limitations.

Once a device battery is depleted, tracking services may stop until the device is recharged or replaced.

8.5 Alerts & Notifications

Geo-fences, movement alerts, speed alerts, and other notifications are informational tools only.

Alert delivery may be affected by device status, network conditions, operating system restrictions, or user settings.

SmartWheels does not guarantee the delivery or timing of alerts.

8.6 Driving Insights & Scores

Driving scores, safety insights, and behavior reports are generated using automated analysis and predefined criteria.

These insights are intended for informational purposes only and should not be relied upon as legal, professional, insurance, or safety determinations.

8.7 Device Compatibility

Certain SmartWheels features require compatible smartphones, operating systems, and internet connectivity.

Functionality may vary between devices and platforms.

9. Insurance Use Cases

Where available, users may choose to share SmartWheels data with approved insurance providers for:

• Usage-based insurance programs
• Driver safety programs
• Fleet risk analysis
• Telematics-based discounts

Participation is voluntary unless otherwise agreed in writing.

SmartWheels does not make underwriting, pricing, or coverage decisions.

10. No Emergency Services

SmartWheels is not an emergency response service.

SmartWheels does not provide:

• Emergency dispatch
• Crash response
• Roadside assistance
• Medical assistance
• Law enforcement services

Users should contact appropriate emergency services when necessary.

11. Compliance & Prohibited Uses

You agree not to:

• Use the Services unlawfully
• Track individuals without proper authorization
• Interfere with the operation of the Services
• Attempt to gain unauthorized access to SmartWheels systems
• Reverse engineer hardware or software
• Circumvent security measures
• Use the Services to harass, stalk, threaten, or harm others

Violation of these Terms may result in account suspension or termination.

12. Intellectual Property

All SmartWheels software, applications, firmware, branding, content, designs, and technology are owned by SmartWheels or its licensors.

No ownership rights are transferred through the use of the Services.

Users may not reproduce, distribute, modify, or create derivative works without written permission.

13. Termination & Changes to Terms

SmartWheels may suspend or terminate access to the Services for:

• Non-payment
• Fraudulent activity
• Security concerns
• Violation of these Terms
• Misuse of the Services

SmartWheels may update these Terms from time to time.

Updated Terms will be posted on the website and become effective upon posting unless otherwise stated.

Continued use of the Services constitutes acceptance of revised Terms.

14. Limited Warranty; Disclaimer

Except where expressly required by law, SmartWheels products and services are provided on an "as is" and "as available" basis.

SmartWheels makes no warranties regarding:

• Continuous service availability
• Accuracy of tracking data
• Accuracy of location information
• Accuracy of driving insights
• Fitness for a particular purpose

Use of the Services is at your own risk.

15. Limitation of Liability

To the fullest extent permitted by law, SmartWheels and its affiliates shall not be liable for:

• Indirect damages
• Incidental damages
• Consequential damages
• Lost profits
• Lost business opportunities
• Loss of data
• Vehicle damage
• Asset loss
• Delayed or inaccurate location information

16. Governing Law

These Terms shall be governed by and construed under the laws of the State of Delaware, without regard to conflict-of-law principles.

Any dispute arising from these Terms shall be resolved exclusively in the state or federal courts located in Delaware.

17. Contact Us

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

SmartWheels GPS, Inc.

• Email: support@smartwheelsgps.com
• Phone: (888) 246 2120

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