Terms and Conditions

Service Agreement

1. Key Definitions. In this Agreement the following definitions apply:
   1. “We,” “us,” “our,” “RemoteDash”, “Silver Bridge Technologies” and “SBT” mean Silver Bridge Technologies, LLC. A California limited liability company;
   2. “You,” “your,” “customer,” and “user” mean an account holder or user with us;
   3. “Device” means any device, accessory or other product we sell or lease to you or that is active on your account with us;
   4. “Service(s)” means our offers, rate plans, options, or Devices on your account with us.
2. The Subscription Agreement. This Subscriber Agreement (“Agreement”) is a contract under which we agree to provide and you agree to accept our Services. In addition to these Terms and Conditions of Service (“T&C”), there may be other Agreements including, but not limited to, the detailed plan or other information on Services we provide or refer you to during the sales transaction, any confirmation materials we may provide you, and Early Termination Fees if applicable. It is important that you carefully read ALL terms of this Agreement and any other Agreement you sign or accept.
3. Services Covered By These T&C & Additional Terms. These T&C apply to our Services Plans and any other Service we offer you that references these T&C. Additional Terms and Conditions may be applicable in the event you added services beyond our Services Plans. Also, a different dispute resolution provision will likely apply for services provided by another company, although the dispute resolution provisions in this Agreement still apply to our Services. You will be provided details on any additional terms with your selection of any of our bundled Service.
4. Our Business Policies. Services are subject to our business policies, practices and procedures (“Policies”) including, but not limited to, our Privacy Policy available at our website. You agree to all of our Policies when you use our Services. Our Policies are subject to change at any time, with or without notice.
5. Your Representation to Us. You must have the legal capacity to accept the Agreement. You accept the Agreement when you do any of the following:
   1. Attempt to or in any way use the Services;
   2. Pay for the Services; or
   3. Open any package or start any program that says you are accepting the Agreement when doing so.
6. Term Commitments & Early Termination Fees.  Our Internet ecommerce plans are all month-to-month subscriptions that are paid in advance. You can terminate these plans at any time. The pre-paid month is not refundable. There are no early termination fees on any of our plans.
7. Rental Equipment – All of our devices that are purchased with no money down for the equipment are equipment that is rented to you for the term specified on the RemoteDash website, normally two years. If you rent equipment from us and terminate the plan before the end of rental term, and do not return the equipment in good working order within two weeks of the termination,  you will be charged an equipment fee of $129.00 for the OBDII device or wired device and $179.00 for the Sports Tracker device for each Device that you terminate early or for each Device that we terminate early for good cause (for example, violating the payment or other terms of the Agreement).  After you have satisfied your Rental Term Commitment, your Services continue on a month-to-month basis until either you or RemoteDash terminate service.
8. Our Right To Change The Agreement & Your Related Rights. We reserve the right to change any part of the Agreement at any time including, but not limited to, rates, charges, how we calculate charges, or your terms of Service. We will provide you notice of changes that may impact you in a manner consistent with this Agreement (see “Providing Notice Under This Agreement” paragraph).
9. Our Right To Suspend Or Terminate Services. We can, without notice, suspend or terminate any Service at any time for any reason, including, but not limited to
   1. Late payment;
   2. Exceeding an Account Usage Limit (“AUL”);
   3. Harassing/threatening our employees or agents;
   4. Providing false information;
   5. Interfering with our operations;
   6. Using/suspicion of using Services in any manner restricted or inconsistent with the Agreement or applicable state or federal laws;
   7. Breaching the Agreement, including our Policies;
   8. Providing false, inaccurate, dated or unverifiable identification or credit information, or becoming insolvent or bankrupt;
10. You’re Termination Rights. You can terminate Services at any time by writing and/or emailing us and requesting that we deactivate all Services. You are responsible for all charges billed or incurred prior to deactivation. If Services are terminated before the end of your invoicing cycle, we will not prorate charges to the date of termination and you will not receive a credit or refund for any unused Services.
11. Restrictions On Using Services. You may not use our Services:
    1. To transmit content/messages that are, or in any manner that is, illegal, unlawful, fraudulent, threatening, abusive, defamatory, or obscene;
    2. In a way that could cause damage or adversely affect our customers, reputation, network, property or Services;
    3. To communicate any unsolicited message;
    4. To create an act or communicate an act of terrorism:
    5. To infringe on the copyright of another, or upload or transmit any virus, worm, or malicious code; or
    6. In any way prohibited by the terms of our Services, the Agreement or our Policies.
12. IMEI Device Number. Your Device is designed exclusively for use on our network. Except for any legal right you may have to port/transfer your Device number to another provider, you have no and cannot gain any proprietary, ownership or other rights to any IMEI Device Number we assign to you, your Device, or your account. We will notify you if we decide to change or reassign your IMEI Device Number.
13. Warranty and Replacements. Subject to the exclusions contained below, SBT warrants its RemoteDash device (“Device”), and/or accessories sold for use with the Device (“Accessories”) to be free from defects in materials and workmanship under normal consumer usage for the term of coverage outlined below. This limited warranty is a consumer’s exclusive remedy, and applies as follows only to new Devices and/or new Accessories purchased by consumers in the United States.
    1. Warranty Term. All Devices and Accessories shall be covered under this warranty for a period of one (1) year from the date of purchase regardless of when the Device or Accessory is actually received.
    2. Exclusions. The following are excluded from coverage under this warranty.
       1. Normal Wear and Tear. Periodic maintenance, repair and replacement of parts due to normal wear and tear are excluded from coverage.
       2. Abuse & Misuse. Defects or damage that result from:
          1. Improper operation, storage, misuse or abuse, accident or neglect, such as physical damage (cracks, scratches, etc.) to the surface of the product resulting from misuse;
          2. Contact with liquid, water, rain, extreme humidity or heavy perspiration, sand, dirt or the like, extreme heat; For our devices marketed to be used in harsh and outdoor environments, these restrictions do not apply with exception that operating and storage temperatures shall not exceed 70 degrees Celsius.
          3. Other acts, which are not the fault of RemoteDash, are excluded from coverage.
       3. Unauthorized Service or Modification. Defects or damages resulting from service, testing, adjustment, installation, maintenance, alteration, including without limitation, software changes, or modification in any way by someone other than RemoteDash, or its authorized service centers, are excluded from coverage.
       4. Altered Products. Products or Accessories with
          1. Serial numbers or date tags that have been removed, altered or obliterated;
          2. Broken seals or that show evidence of tampering; or
          3. Nonconforming or non-RemoteDash housings, antennas, or parts, are excluded from coverage.
14. Transferability. This warranty extends only to the first consumer purchaser, and is not transferable.
15. Actions. RemoteDash, at its option, will at no charge repair or replace any Product, Accessory or Software that does not conform to this warranty. We may use functionally equivalent reconditioned/refurbished/pre-owned or new Products, Accessories or parts.
16. How to obtain warranty service. To obtain service, please call 1-858-437-0123. Additionally, To obtain service, you must include:
    1. your account username (the email address you use to login into the RemoteDash cloud);
    2. a written description of the problem; and,
    3. Your address and telephone number.
17. Additional Limitations. ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SHALL BE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY, OTHERWISE THE REPAIR, REPLACEMENT, OR REFUND AS PROVIDED UNDER THIS EXPRESS LIMITED WARRANTY IS THE EXCLUSIVE REMEDY OF THE CONSUMER, AND IS PROVIDED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OF IMPLIED. IN NO EVENT SHALL REMOTEDASH BE LIABLE, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT, ACCESSORY OR SOFTWARE, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, SOFTWARE OR APPLICATIONS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE ABILITY OR INABILITY TO USE THE PRODUCTS, ACCESSORIES OR SOFTWARE TO THE FULL EXTENT THESE DAMAGES MAY BE DISCLAIMED BY LAW. Some states and jurisdictions do not allow the limitation or exclusion of incidental or consequential damages, or limitation on the length of an implied warranty, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state or from one jurisdiction to another. Laws in the United States and other countries preserve for RemoteDash certain exclusive rights for copyrighted RemoteDash software such as the exclusive rights to reproduce and distribute copies of the RemoteDash software. RemoteDash software may only be copied into, used in, and redistributed with, the Products associated with such RemoteDash software. No other use, including without limitation disassembly of such RemoteDash software or exercise of the exclusive rights reserved for RemoteDash, is permitted.
18. Cellular and GPS Coverage. Services that rely on location information, such as GPS, depend on your Device’s ability to acquire satellite signals (typically not available indoors) and cellular network coverage. Network coverage and satellite signals are dependent on a number of factors not within our control including weather, topographical changes, changes to and support of network cellular technologies, the functionality of various satellites, cell towers, clouds, and other factors. You understand and expressly limit and agree to hold harmless any and all harms that result from the Device not working, malfunctioning, or failing except as specifically provided herein.
19. Our Services are not substitutes for direct supervision. Our Service and Devices are not substitutes for responsible child care, adult care, or any other form of monitoring for person who may or may not need competent adult supervision, and should not be used as such.
20. Activation & Additional Charges. Based on our Policies, we may charge activation, prepayment, reactivation, program or other fees to establish or maintain Services. Certain transactions may also be subject to a charge (for example, convenience payment, changing phone numbers, etc.). You will be provided notice of these types of fees before we complete the requested transaction.
21. Billings. Your bill provides you notice of your charges. Your bill will only be available via the Internet as we do not send paper copies. You are responsible for providing a valid email address for communication. You agree to assume all responsibility, including payment of any additional fees or limitations incurred as a result of your email malfunctioning or not receiving our communication.
22. Late Fees. Payment is due in full as stated on your bill. If we do not receive payment in full by the date specified on your bill, your service will be interrupted. We may also charge you any costs, including attorney’s fees, we pay to a collection agency to collect unpaid balances from you.
23. Taxes & Fees. You agree to pay all federal, state and local taxes, fees and other assessments that we’re required by law to collect on the Services we provide you and remit to the government. These charges may change from time to time without advance notice. If you’re claiming any tax exemption, you must provide us with a valid exemption certificate.
24. Service. Your service shall be as follows:
    1. Alerts via Email or text as you select
    2. Optional Daily and Weekly Emails summarizing the device data over a time frame.
    3. 24 hour a day, 7 day per week web portal access
    4. Automatic location updates to the web portal every minute while the device is in motion and capable of
       sending a valid location
    5. Radial Geofencing
    6. Real time tracking and tracking history
    7. Archived travel and alert histories
25. Payment Policy. You agree to make payments on or before the day of the purchase of each month in the amount set forth in your Agreement plus additional taxes, fees, or surcharges as provided for in this T&C. You hereby authorize us or our assigns or agents to charge your credit card a monthly reoccurring fee for the pendency of your contract in the full amount of the bill owing.
26. Assignment. RemoteDash reserves the right to assign this contract to third parties at our sole discretion without permission or consent from you.
27. International Usage. Your Device is set to operate domestically but may also operate internationally. However, you will be charged additional fees if the Device is in another country other than the United States and is so utilized.
28. Protecting Our Network & Service. We can take any action to protect and maintain our network, our rights and interests, or the rights of others; or optimize or improve the overall use of our network and services. Some of these actions may interrupt or prevent legitimate communications
29. Privacy Rights. You agree to the terms of our Privacy Policy, available at our website, when you use our Services. This policy may change from time to time, so review this policy with regularity and care.
30. Location Based Services. Our network generally knows the location of your Device when it is outdoors and turned on. Environmental factors (such as structures, buildings, weather, geography, landscape, and topography) can significantly impact the ability to access your Device’s location information and use of location-sensitive services. For additional information on location-sensitive services, see our Privacy Policy at our website.
31. Lost or Stolen Device. Call us immediately if your Device is lost or stolen because you may be responsible for usage charges before you notify us of the alleged loss or theft.
32. Disclaimer of Warranties. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (TO THE EXTENT ALLOWED BY LAW) ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICES (INCLUDING YOUR DEVICE). WE DON’T PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND DON’T AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF.
33. We Are Not Responsible For Certain Problems. You agree that neither we nor our vendors, suppliers or licensors are responsible for any damages resulting from:
    1.   Providing or failing to provide Services, including, but not limited to, deficiencies or problems with a Device or network coverage (for example, dropped, blocked, interrupted messages, etc.);
    2. Traffic or other accidents, or any health-related claims relating to our Services;
    3. False messages sent while using our Services;
    4. An interruption or failure in accessing or attempting to access emergency services from a Device;
    5. Interrupted, failed, or inaccurate location information services; or
    6. Things beyond our control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism or government orders or acts.
34. Our Liability Is Limited – No Consequential Damages. TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS YOU MAY HAVE AGAINST US IS LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN CONNECTION WITH A DEVICE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, BODILY HARM, DEATH, EMOTIONAL DISTRESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES.
35. Dispute Resolution. We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by calling or writing us as instructed on your invoice. We will contact you by letter to your billing address or on your Device. Instead Of Suing In Court, We each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there’s no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and limitations in the Agreement and can award the same damages and relief, including any attorney’s fees authorized by law. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. We each also agree as follows:
    1. “Disputes” are any claims or controversies against each other related in any way to our Services or the Agreement including, but not limited to, coverage, Devices, privacy, or advertising, even if it arises after Services have terminated – this includes claims you bring against our employees, agents, affiliates or other representatives, or that we bring against you.
    2. If either of us wants to arbitrate a dispute, we agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to you will be sent to your address provided us when you sign up for our service, and notice to us will be sent to: 9919 Hibert St. Suite B San Diego CA 92131. We agree to make attempts to resolve the dispute. If we cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we may submit the dispute to formal arbitration.
    3. The FAA applies to this Agreement and arbitration provision. We each agree the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
    4. Unless we each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in the county of your last billing address. The federal or state law that applies to the Agreement will also apply during the arbitration
    5. We each agree not to pursue arbitration on a class wide basis. We each agree that any arbitration will be solely between you and us (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the dispute must be brought in court.
    6. We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.
36. Exceptions To Our Agreement To Arbitrate Disputes. Either of us may bring qualifying claims in small claims court in San Diego County, CA. In addition, this arbitration provision does not prevent you from filing your dispute with any federal, state or local government agency that can, if the law allows, seek relief against us on your behalf.
37. No Class Actions. TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
38. No Trial By Jury. TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
39. Indemnification. You agree to indemnify, defend and hold us harmless from any claims arising out of your actions including, but not limited to, failing to provide appropriate notices regarding location-sensitive services (see “Location Based Services” paragraph), or violating this Agreement, any applicable law or regulation or the rights of any third party.
40. Providing Notice To Each Other Under The Agreement. Except as the Agreement specifically provides otherwise, you must provide us notice by calling or writing us. We will provide you notice in your bill, correspondence to your last known billing address, to any fax number or e-mail address you’ve provided us, by calling you on your home, or by voice message on your home phone.
41. Other Important Terms. Subject to federal law or unless the Agreement specifically provides otherwise, this Agreement is governed solely by the laws of the state of California, without regard to the conflicts of law rules of that state. If either of us waives or does not enforce a requirement under this Agreement in an instance, we don’t waive our right to later enforce that requirement. Except as the Agreement specifically provides otherwise, if any part of the Agreement is held invalid or unenforceable, the rest of this Agreement remains in full force and effect. This Agreement isn’t for the benefit of any third party except our corporate parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. You may not assign the Agreement or any of your rights or duties under it. We may assign the Agreement. The Agreement and the documents it incorporates make up the entire agreement between us and replaces all prior written or spoken agreements – you cannot rely on any contradictory documents or statements by sales or service representatives. The rights, obligations and commitments in the Agreement that, by their nature, would logically continue beyond the termination of Services (including, but not limited to, those relating to billing, payment, dispute resolution, no class action, no jury trial), survive termination of Services.
42. Money back Guarantee. If you are dissatisfied with our service or product for any reason, you may request a refund of money paid to us for the RemoteDash device, any accessories purchased, and any applicable taxes from your initial order, within thirty days of shipment of the device. We will not refund credit for the initial activation fee, any shipping fees, and the first month subscription service you initially ordered. YOU MUST MEET ALL THE FOLLOWING CONDITIONS:
    1. You must call, within 30 days of the date your device was shipped (or if purchased at a store, the date your device was purchased), 1-858-437-0123 between the hours of 9am- 5pm PST, Monday-Friday. Your cancellation must be completed within the 30 day period after your device was shipped.
    2. You remain responsible for paying any overage on usage, or international usage fees, and the service charge you paid for your first month of service.
    3. Return Authorization: Before returning your device to us, you need to obtain a valid return authorization number which you can obtain when you call 1-858-437-0123 to cancel.
    4. Wear and Tear: We receive your device in its original condition, with the UPC or bar code intact, reasonable wear and tear excluded, no later than 14 days after you cancel your service. We are not responsible if your device is lost in transit. All components, manuals and registration card(s) must be included.
    5. Shipping Costs: You pay all costs of shipping your device back to us.
    6. Certain taxes, such as per-line taxes required by a state or locality, may not be refundable. Sales taxes paid at the time of your order are refundable.
    7. Customers who buy their devices at retail must refer to the return policy of the retailer where you purchased your device for anything related to the device. If you qualify for a money back guarantee, once you call us to cancel your service within the money back guarantee period, you will be refunded all amounts specified above except for what you paid the retailer for the device.
43. Lifetime Moneyback Guarantee. Under some sales promotions we offer a lifetime guarantee of our product. If you purchase a product under one of these promotions, and you are dissatisfied with our service or product for any reason, you may request a refund of money paid to us for the RemoteDash device, any accessories purchased, and any applicable taxes from your initial order. We will not refund credit for the initial activation fee, any shipping fees, and the monthly subscription service you initially ordered. YOU MUST MEET ALL THE FOLLOWING CONDITIONS:
    1. Return Authorization: Before returning your device to us, you need to obtain a valid return authorization number which you can obtain when you call 1-858-437-0123 to cancel.
    2. Wear and Tear: We receive your device in its original condition, with the UPC or bar code intact, reasonable wear and tear excluded, no later than 14 days after you cancel your service. We are not responsible if your device is lost in transit. All components, manuals and registration card(s) must be included.
    3. Shipping Costs: You pay all costs of shipping your device back to us.
    4. Certain taxes, such as per-line taxes required by a state or locality, may not be refundable. Sales taxes paid at the time of your order are refundable.
    5. Customers who buy their devices at retail must refer to the return policy of the retailer where you purchased your device for anything related to the device. If you qualify for a money back guarantee, once you call us to cancel your service within the money back guarantee period, you will be refunded all amounts specified above except for what you paid the retailer for the device.