Terms and Conditions

Last Updated: January 2026

1. Acceptance of Terms

By accessing or using the SmartWheels platform (“Service”), including mobile apps, dashboards, or hardware integrations, you agree to comply with and be bound by these Terms and Conditions.

If you do not agree, do not use the Service.

2. Eligibility & Territory

The Services are intended for customers located in the United States. SmartWheels currently operates only within the United States.

The Service is intended for individuals who operate or manage vehicles, or authorized representatives of businesses. Age requirements may vary by jurisdiction based on legal driving age. It is your responsibility to ensure that your use of the Service complies with all applicable local laws and regulations.

3. Products & Service Description

SmartWheels provides telematics products and services that include:

  • Mobile Telematics: Smartphone-based data capture for trip, safety, and driver behavior analytics.
  • OBD Telematics Hardware: Plug-in hardware that collects vehicle and diagnostic data under a rental model with optional future purchase.
  • Future Hardware Accessories: Additional compatible hardware may be introduced over time.
  • Mobile App & Dashboards: Smartphone and web based software for viewing telematics data, alerts, scoring, and reports.

All SmartWheels services operate under a subscription model.

4. Subscription, Billing & Account Registration

SmartWheels operates on a subscription model. By signing up, you agree to recurring billing until canceled. Refunds are not provided for partial months or unused features.

To access certain features, users must register for an account. You agree to provide accurate information and keep login credentials confidential. You are solely responsible for activity under your account.

5. Hardware Installation, Rental & Return Policy

SmartWheels devices (if provided) must be installed according to provided guidelines. Improper installation may result in inaccurate data or safety risks. SmartWheels is not responsible for damages caused by incorrect installation or use.

SmartWheels device may be provided as a rental for an activation fee (currently $20). Hardware remains the property of SmartWheels unless separately purchased.

If your subscription ends:

  • You must return the device within 30 days using approved return instructions; or
  • You will be charged a non-return fee of $65.

SmartWheels will provide pre-paid shipping labels for returns.

The non-return fee represents the replacement cost and does not transfer rights beyond ownership of the physical unit.

SmartWheels may modify the hardware purchase model in the future.

6. Customer Responsibilities

You are responsible for:

  • Installing hardware in accordance with instructions.
  • Maintaining smartphone permissions for the mobile app.
  • Ensuring power and connectivity for the Services to function.
  • Complying with road-safety and device usage laws.

You affirm you have permission to collect telematics data for any connected vehicle[cite: 117].

7. Data Collection & Privacy

SmartWheels collects and processes data in accordance with its 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:

Mobile Data:
  • GPS location & Trip Telemetry
  • Smartphone motion/sensor data
  • Speed, acceleration, and braking events
  • Device telemetry data
OBD Device Data (if applicable):
  • Vehicle diagnostic data
  • Ignition state
  • Mileage estimation
  • VIN and protocol-dependent vehicle parameters
Data is used for:
  • Trip analysis and insights
  • Driver safety scoring
  • Vehicle health insights
  • Service optimization, analytics, and product improvement

SmartWheels does not sell personal data to third-party data brokers. Data may be shared with insurance partners only with your consent and solely for purposes you authorize. Data may be disclosed to law enforcement only pursuant to legal request.

SmartWheels does not guarantee privacy or security of wireless cellular transmissions, and unauthorized third parties may unlawfully intercept communications without consent.

To disable hardware-based data collection, you must remove the device from the vehicle.

8. Service Limitations & Disclaimers

8.1 Wireless Service

Cellular service may not be available in all regions or at all times.Reduced cellular availability may limit SmartWheels Services temporarily or permanently in certain environments.

8.2 GPS Service

Certain SmartWheels features rely on GPS positioning. GPS coverage may be unavailable or degraded due to tunnels, structures, interference, or environmental conditions. Without GPS visibility, precise location data may not be provided.

8.3 Vehicle OBD II Communications Issues

The SmartWheels OBD device relies on vehicle OBD II communication protocols to determine vehicle state, diagnostic information, and related data. Service quality may degrade when:

  • OBD II systems are unreliable or intermittent
  • Manufacturer-specific protocols block data
  • Aftermarket repairs modify behavior
  • Vehicle modules malfunction

Portions of the Services may not function properly under such conditions.

8.4 Vehicle Compatibility

The SmartWheels OBD device is intended for OBD II compliant light-duty vehicles (generally MY2008+ in the U.S.). Compatibility varies by manufacturer, model, year, trim, powertrain, and protocol.

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.

8.5 Power Dependence

The hardware device relies on vehicle battery power. If power is disconnected, the device will immediately shut down and cease transmission.

8.6 Geo-Zones, Alerts & Notifications

SmartWheels provides customizable geo-fencing and alerts. These tools are informational and do not replace sound judgment. The platform is not a substitute for parental supervision or driver responsibility.

8.7 Driver Behavior & Scoring

Driving scores and alerts are based on pre-defined thresholds (e.g., speeding, hard braking). These are informational tools only. SmartWheels does not guarantee the accuracy or legal applicability of behavior scores.

9. Insurance Use Cases

At your option, SmartWheels data may be shared with approved insurance carriers for usage-based insurance, safety programs, or analytics. Participation in insurance programs is voluntary unless separately agreed in writing. SmartWheels does not make coverage or underwriting determinations.

10. No Emergency Services

SmartWheels does not provide emergency services, crash response, or roadside assistance. The Services are informational and analytics-only.

11. Compliance & Prohibited Uses

You agree not to:

  • Misuse the Services
  • Reverse engineer components
  • Interfere with networks
  • Bypass security controls
  • Use data unlawfully or without driver consent

12. Intellectual Property

All SmartWheels software, firmware, and content are proprietary and protected by applicable IP laws. No rights are granted except as expressly stated.

13. Termination & Changes to Terms

SmartWheels may suspend or terminate access for failure to pay, misuse, violations, or safety/security concerns.

We may modify these Terms from time to time. Changes will be posted on our website or notified via email. Continued use constitutes acceptance of revised terms.

14. Limited Warranty; Disclaimer

SmartWheels is provided “as is” without warranties of any kind, including fitness for a particular purpose or accuracy of tracking data. Use at your own risk.

15. Limitation of Liability

To the fullest extent permitted by law, SmartWheels is not liable for:

  • Indirect, incidental, or special damages
  • Loss of data, profits, or business
  • Vehicle wear, battery usage, or diagnostic artifacts

16. Governing Law

These Terms are governed by the laws of State of Delaware. Any disputes arising will be handled in the courts of that jurisdiction.

17. Contact Us

If you have questions or concerns, contact us at:

SmartWheels GPS, Inc.

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