User Agreement for CargoGuard Services

This User Agreement (“Agreement”) constitutes a legally binding contract between CargoGuard (“CargoGuard,” “we,” or “us”) and the individual or entity (“you” or “User”) subscribing to the CargoGuard services (“Service”). By accessing or using the Service, you accept and agree to be bound by the terms and conditions set forth herein without modification.

1. Acceptance and Modifications

1.1 Agreement to Terms: By initiating activation of the Service, either by calling the designated CargoGuard phone number, replying to a CargoGuard message, or using any CargoGuard software or service, you agree to these terms as presented.

1.2 Modifications: We reserve the right to modify or terminate the Service or this Agreement at any time, with or without prior notice. Continued use of the Service following any modifications signifies your acceptance of the updated terms.

2. Activation and Deactivation

2.1 Activation: You may activate the Service by downloading the CargoGuard app or engaging with any part of the CargoGuard system. Responding to a CargoGuard text message with “Share” or “OK” will activate the service and indicate your consent to share your location information.

2.2 Deactivation: You may deactivate the Service at any time by contacting CargoGuard or deleting the CargoGuard mobile application.

3. Privacy and Data Usage

3.1 Consent to Data Collection: By using the Service, you consent to CargoGuard collecting and disclosing your mobile device’s location data (“Location Information”) to third parties within the CargoGuard network. This Agreement governs our use of your Location Information, but third-party recipients’ use is subject to their own privacy policies.

3.2 Opt-Out Options: You may opt out of Location Information sharing at any time by responding with “Cancel,” “Unsubscribe,” or “Quit.” Upon opting out, your Location Information will no longer be shared until you explicitly opt back in.

4. Your Responsibilities

4.1 Account Security: You are responsible for maintaining the security of your CargoGuard account. Any activity under your account will be your responsibility until it is deactivated. Notify us immediately if you believe your account has been compromised.

4.2 Compliance with Laws: You agree to use the Service only for lawful purposes within the United States, Mexico, and Canada and to comply with all applicable laws, rules, and regulations, including those of your wireless carrier.

4.3 Age Restrictions: By using the Service, you affirm that you are of legal age to enter into this Agreement. If you are a parent or guardian, you assume full responsibility for your minor’s use of the Service.

5. Service Limitations

5.1 No Emergency Use: CargoGuard is not intended for emergency or safety-related purposes. You agree not to use the Service while operating a moving vehicle.

5.2 Accuracy and Reliability: The Service provides an approximate location of your mobile device and may not always be accurate, timely, or reliable. Environmental conditions and network availability may affect accuracy.

5.3 Support: Support for the Service is available online through the CargoGuard support website.

6. Fees and Payment

6.1 Carrier Fees: You are responsible for any fees associated with your use of the Service, including charges from your wireless carrier for SMS messages, data usage, or other services.

6.2 Service Fees: CargoGuard reserves the right to introduce or revise fees for the Service at any time, with prior notice. Failure to pay applicable fees may result in suspension or termination of your access to the Service.

7. Intellectual Property

7.1 Ownership: All intellectual property rights in the Service, including software, data, and materials, are owned by CargoGuard or its licensors. You are granted a limited, non-exclusive license to use the Service in accordance with this Agreement.

7.2 Restrictions: You may not reverse engineer, modify, distribute, or create derivative works based on the Service, except as expressly permitted by applicable law.

8. Termination and Suspension

8.1 By CargoGuard: We may terminate or suspend your access to the Service at any time, with or without cause, and without prior notice.

8.2 Effect of Termination: Upon termination, you will lose access to the Service, and CargoGuard will have no further obligations to you under this Agreement.

9. Legal Disclaimers and Limitation of Liability

9.1 Disclaimer of Warranties: The Service is provided “as is” without warranties of any kind, express or implied. CargoGuard disclaims all warranties, including merchantability, fitness for a particular purpose, and non-infringement.

9.2 Limitation of Liability: To the fullest extent permitted by law, CargoGuard will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use of the Service.

9.3 Cap on Liability: CargoGuard’s total liability under this Agreement will not exceed the greater of (a) the amount you paid for the Service in the twelve months preceding the claim or (b) $1,000.

10. Governing Law and Disputes

10.1 Choice of Law: This Agreement will be governed by the laws of the State of Delaware.

10.2 Jurisdiction: Any disputes will be resolved exclusively in the federal or state courts located in Kent County, Delaware.

11. Miscellaneous

11.1 Notices: You consent to receive all communications, including legal notices, electronically. To withdraw this consent, you must terminate your account.

11.2 Amendments: We may amend this Agreement at any time. Continued use following notice of amendments constitutes acceptance of the updated terms.

11.3 Assignment: You may not assign this Agreement. CargoGuard may assign or delegate its rights and obligations.

11.4 Severability: If any provision is found unenforceable, the remaining terms remain in full force.

11.5 Time to Bring Claims: Any claim must be brought within one year of the cause of action arising.

12. Data Retention

12.1 Retention Period: Data stored by CargoGuard may be retained for up to three years. CargoGuard does not guarantee the storage or availability of any data.

Contact Us if you have an additional questions!