Spectrum Sim Subscriber Agreement and Terms and Conditions of Service


Welcome to the Spectrum Sim family and congratulations on enrolling in the Spectrum Sim Service, (Service(s), Spectrum Sim Service(s) or the Program) and/or receipt of your new Spectrum Sim device (Spectrum Sim device or device). These Terms of Service provide you with important information about the Spectrum Sim Service and the conditions that apply to your use of the Service.

Your use of the Spectrum Sim Service is subject to these Terms of Service. You can find additional information regarding the Spectrum Sim Service and features at Spectrum Sim.com (Website).

When you accept these Terms of Service during our enrollment process or when you access or use the Spectrum Sim Service, you are indicating that you have read, understand and agree to be bound by these Terms of Service. If you do not agree with any of these Terms of Service, then you should decline these Terms of Service during our enrollment process or other methods we make available to you. You are not permitted to access or use any of the Services if you do not accept these Terms of Service. Please select Download Terms of Service below if you would like to download a copy of these Terms of Service.

NOTICE FOR CUSTOMERS OUTSIDE OF THE UNITED STATES: Please note that certain terms, warranties, and services do not apply to users of the Services or device outside of the United States, as designated herein. If you reside outside of the United States, please check with the Service Partner (defined below) that provided you with your device and/or Subscription (data subscription) for additional information.

PRIVACY: Spectrum Sim takes your privacy very seriously. The complete Spectrum Sim Privacy Policy may be found in the Spectrum Sim App menu item noted as Privacy. The Spectrum Sim Privacy Policy describes the information collection and use practices applicable to the Spectrum Sim Service.

Privacy-sensitive users of wireless communications are cautioned that the privacy and/or security of any information sent via wireless cellular communications cannot be assured. Third parties may unlawfully intercept or access transmissions and private communications without your consent.

REQUIREMENTS FOR THE SERVICE: The Spectrum Sim Service offers a plan that utilizes an on-board diagnostics device (the device) that plugs into your vehicle's on-board diagnostics port (OBD II). The device must be installed in your vehicle to receive the benefits associated with the device. More details regarding the use of the device are provided below. To fully utilize all of the Service Features, you are required to download the Spectrum Sim Mobile Application (Spectrum Sim App or App), which is available for download at the iTunes store or Google Play. You will need Internet access and an Apple or Android smartphone or tablet device to download the App.

SERVICE FEATURES: The Spectrum Sim Service consists of a collection of features (Service Features), including certain wireless vehicle services as described in these Terms of Service, on the Spectrum Sim Website, within the Spectrum Sim App, or other marketing materials. These Service Features are provided by us, our affiliates or other third parties, including wireless service providers, equipment and software manufacturers, distributors, licensors, dealerships, content providers and any other person or entity who provides any service, equipment, content, feature or facilities in connection with the Spectrum Sim Service (our Service Partners ). The Service Partners that provide, or assist in the delivery of, the Service Features may change over time. We also may make certain changes to the materials and Service Features available through the Spectrum Sim Service, which will be made available on our Website. For details regarding these Service Features, see spectrumsim.com. Below is a summary of the Service Features that may be available to you.

Vehicle Diagnostics: The vehicle diagnostics service monitors the on-board diagnostics of your vehicle and will provide any vehicle Diagnostic Trouble Code(s) (DTC(s)), and supplemental information, that may relate to the illumination of a vehicle warning light. We make this Service Feature available using data collected by the Spectrum Sim Service while the device is properly installed in your vehicle. Any DTC information provided by the Spectrum Sim App is for informational purposes only and is not intended to prevent any mechanical or performance issues with your vehicle. You understand that the Spectrum Sim Service does not provide all DTCs and does not report all conditions that may affect the operation of your vehicle. In addition to the other limitations on liability in these Terms of Service, you agree and acknowledge that Spectrum Sim is not liable for any performance or mechanical issues relating to your vehicle.

Location-Based Services: Some Service Features are based on tracking your vehicle’s location. We make these Service Features available using data collected by the Spectrum Sim Service while the device is properly installed in your vehicle. Data collected by the Spectrum Sim Service may include information about your vehicle’s use, operation, location, performance, speed, braking and other driving behavior information, and by enrolling in the Spectrum Sim Service, you agree that Spectrum Sim may collect such information as part of the Service. IN ADDITION TO OTHER PROVISIONS OF THESE TERMS OF SERVICE WITH REGARD TO OTHER USERS, IT IS YOUR RESPONSIBILITY TO NOTIFY EVERYONE WHO USES OR OCCUPIES YOUR VEHICLE THAT LOCATION AND DATA COLLECTION FEATURES ARE ACTIVE AND ALLOW YOU TO ACCESS INFORMATION ABOUT THE VEHICLE, INCLUDING ITS LOCATION.

The Spectrum Sim Service provides regular updating route details. Please note that under normal circumstances, it may take a few minutes for location-based detail from your vehicle to be transmitted to the Spectrum Sim App. If the device experiences a loss of wireless service, then no data will be transmitted until the device recovers wireless data coverage.

SUBSCRIPTION WITHIN THE UNITED STATES: Your Service will commence on the date you purchased your device associated with your Spectrum Sim Service.

SUBSCRIPTION OUTSIDE THE UNITED STATES: Please check with the Service Partner that provided your device.

A data subscription for the Spectrum Sim Service is required and will be available for purchase at the time you sign up for the Spectrum Sim Service. The data subscription requires a monthly charge and is billed on a periodic basis in advance. The various payment options will be available at the time you sign up for Spectrum Sim service. At the end of the initial data subscription period and each data subscription period thereafter, the data subscription will automatically renew for a similar term (i.e., an additional month, quarter or year). The monthly, quarterly or annual subscription price, any applicable government taxes, fees and surcharges, and payment terms will be disclosed to you before you purchase the device and initial subscription, and such payment terms are part of these Terms of Service. Note that we may not always be able to notify you in advance of changes to applicable government taxes, fees and surcharges.

If you are the person who has enrolled your vehicle to the Spectrum Sim Service, you are the primary account holder. The primary account holder is responsible for ensuring that any additional users are aware of the Terms of Service.

REGISTRATION AND ACCOUNT. In order to use the Service Features of the Spectrum Sim App, you will be asked to create a user account and password (an Account ) and provide certain information about your vehicle. Only the primary account holder’s email address may be used when creating accounts to access the Spectrum Sim Service. To use the Spectrum Sim App, users must provide, and then confirm, the associated primary email account. You may not register for, access or use the Spectrum Sim App if: (i) you are under the age of 13; or (ii) you are a person barred from accessing the Spectrum Sim Service or content under the laws of the United States or other countries, including the country in which you reside or from which you access the Spectrum Sim Service.

Other Users: These Terms of Service apply to all users of the Spectrum Sim Service. You, the primary account holder, are responsible and liable for all activities of users of your Spectrum Sim Service and device. Without limiting the foregoing, it is your responsibility to:

Inform all such other users that their access to and use of the Spectrum Sim Service is subject to these Terms of Service, including the Spectrum Sim Privacy Policy; and

· Ensure all such other users of your Spectrum Sim Service and device comply with these Terms of Service.

SERVICE LAPSE AND device DEACTIVATION: The Service will automatically lapse in connection with the expiration of any data subscription period (i.e., the credit card on file has expired or declines the data subscription renewal charge) or cancellation as described elsewhere in these Terms of Service. Once your Services lapses or is cancelled, your device will be deactivated.

IMPORTANT device INFORMATION AND WARNINGS: If you have any difficulty with the device or believe the device is not working properly, please contact Support in the App (or your Service Partner that provided the device if outside of the United States) for assistance. The device is factory sealed, and may not be serviced outside the factory. Never attempt any repairs of the device yourself. Improper service can cause damage to the device or your vehicle, or render the device inoperable. PROBLEMS OR DAMAGE TO THE device OR YOUR VEHICLE CAUSED BY IMPROPER SERVICE ARE NOT COVERED BY WARRANTY.

Note: The device is not compatible with all vehicles. Please immediately remove the device and contact Support in the App (or your Service Partner that provided your device if outside of the United States), should the device physically interfere with any normal operation of your vehicle, indicate any audible or visual error, or fail to remain firmly attached to your vehicle’s OBD II port. The device will only work on vehicles enrolled within the Spectrum Sim network.

Safety Information and Warnings:

Read these Terms of Service carefully before using the device. They contain instructions on how to use the device in a safe and effective manner.

Failure to read and obey these safety precautions may result in an accident involving death, injury, or property damage.

Always operate the vehicle in a safe manner. Do not become distracted by an device feature while driving, and always be fully aware of all driving conditions.

Do not attempt to inspect or adjust the device while driving. Pull over in a safe and legal manner before attempting such operations.

Spectrum Sim Services rely on wireless communication networks and the Global Positioning System (GPS) network. THESE SERVICES AND NETWORKS MAY NOT BE AVAILABLE EVERYWHERE OR AT ALL TIMES. THEREFORE, THE Spectrum Sim SERVICES MAY NOT BE AVAILABLE EVERYWHERE OR AT ALL TIMES, PARTICULARLY IN REMOTE OR ENCLOSED AREAS, OR IN ALL CARS AT ALL TIMES.

Product Alert: Upon initial installation into a vehicle, the device may require up to two (2) minutes to be ready for operation. During this time, some Service Features may be inoperative.

Device Repair:

Use the device only as specified.

If you have problems with the device, do not attempt to disassemble or repair the unit yourself. The device does not contain any user-serviceable parts. Unauthorized repairs or modifications could result in accident, fire, electrical shock or permanent damage to the device and/or your vehicle, and will void your warranty and your authority to operate the device under FCC Part 15 regulations.

Ensure the device is properly reinstalled after any vehicle inspection, or repair service.

Do not touch, bend or connect components to, or in any way modify, the connector terminals on the device. Short circuits and damage could occur.

Should the device require cleaning, wipe with a damp cloth. Do not spray liquid directly onto the device.

Governmental Notice:

The California Electronic Waste Recycling Act of 2003 requires recycling of certain electronics. For more Information on the applicability to the device, see www.erecycle.org.

The device complies with Part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) The device may not cause harmful interference, and (2) the device must accept any interference received, including interference that may cause undesired operation.

The device has been tested and found to comply with the limits for a Class B digital device, pursuant to Part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. These limits are more stringent than outdoor requirements.

The device complies with FCC radio frequency exposure limits set forth for an uncontrolled environment. In order to avoid the possibility of exceeding the FCC’s RF exposure limits, user proximity to the antenna shall not be less than 20 cm (8 inches) during normal operation. This transmitter must not be co-located or operating in conjunction with any other antenna or transmitter.

Wireless Service: Wireless service may not be available in all areas or at all times. Therefore, the Spectrum Sim Service may not be available in all areas or at all times.

Global Positioning Satellite Service (GPS): The device requires GPS service to ascertain your precise location. GPS coverage may not be available in all places or at all times. Should GPS location data not be available, Spectrum Sim may not be able to provide your precise location for any applicable Service Features.

Vehicle OBD II Communications Issues: The device requires vehicle OBD II communications to determine the vehicle’s state and other specific information. The Spectrum Sim Services may not work, or be less than fully operational, if the vehicle’s OBD II communications are unreliable or otherwise not functioning properly.

Power Issues: The device relies on the vehicle’s battery for power. Should the device lose vehicle power, it will shut down immediately.

Crash Damage: The device may sustain serious damage, or disconnect from the vehicle, following a vehicle crash, causing it to become inoperable.

Add-On Electrical Equipment: The device is connected to the electrical architecture of the vehicle. Adding electrical equipment (i.e., two-way mobile radio, CB radio, data recorders, etc.) may interfere with the operation of the device and cease your ability to operate it.

ADDITIONAL TERMS APPLICABLE TO USE OF THE Spectrum Sim APP: You agree that these Terms of Service and any additional terms of use and/or service that may be provided to you by Spectrum Sim (e.g. terms of service provided when you download the Spectrum Sim App) will, collectively, apply to you and any additional users of the App.

Data that is used when downloading and using the App and when using the Website through a mobile browser, as applicable, will be billed according to the service plan you have with your wireless carrier.

You should use the security features that are available on your mobile or other Internet-enabled device to prevent unauthorized access and use of the App, including passwords and encryption.

MODIFICATION OF TERMS OF SERVICE: Spectrum Sim reserves the right to modify these Terms of Service (including the Privacy Policy and any other document or policy incorporated by reference into these Terms of Service), from time to time. We also may cease to provide a Service Feature in whole or in part, if required by law, rule, or regulation, in which case you may cancel your Spectrum Sim Service. If required by law, we will notify you in advance of any such changes. Otherwise, we may give you notice by posting a new version of these Terms of Service in the App. PLEASE VISIT the menu items Terms of Service and Privacy FOR THE MOST UP-TO-DATE PRODUCT AND SERVICE DETAILS, AND TERMS OF SERVICE. If you do not agree with any changes to these Terms of Service for any reason, then you may not use the Spectrum Sim Service, and you may cancel your use of the Service as described elsewhere in these Terms of Service. Your continued access to or use of any of the Spectrum Sim Services after any change takes effect will indicate your acceptance of the modified Terms of Service. Notwithstanding this provision, if we make any changes to any dispute resolution provision contained in these Terms of Service, such changes will not affect the resolution of any dispute that arose before such change.

YOUR CANCELLATION RIGHTS: You can cancel the service at any time. However, all purchases made are non-refundable. Once a transaction is completed, it cannot be reversed, and no refunds will be issued.

How To Cancel: You may cancel your subscription by contacting Support or cancel from the app.

OUR TERMINATION RIGHTS: To the extent permitted by applicable law, Spectrum Sim reserves the right to terminate your access to or use of the Spectrum Sim Service and these Terms of Service if, in our sole judgment, you have breached these Terms of Service. In addition to all other termination rights provided in these Terms of Service, we may discontinue providing the Spectrum Sim Service at any time upon thirty (30) days prior notice to you, and in such case only, the primary account holder will receive a pro-rated refund for the unused portion of any prepaid data subscription charges. You agree that we are not liable to you for termination or discontinuance of any or all of the Service Features, unless otherwise expressly provided in these Terms of Service. All provisions of these Terms of Service which by their nature survive termination or expiration, shall survive termination or expiration of these Terms of Service.

NO TRANSFER OF THE device: You represent, warrant and covenant that you will not sell or transfer the device to another user and that you will not sell or transfer title to your vehicle or return a leased vehicle to its owner without first removing the device. This is important to help protect your use of the Service and your information, and to avoid being charged for the Spectrum Sim Service after the sale or transfer of your vehicle. If you sell or transfer your vehicle, you should remove the device and notify Spectrum Sim (via Support in the App) that you would like to cancel your Service. You may transfer the device to another vehicle that you own. To transfer the device to another vehicle that you own, you should follow the instructions provided in the App at Frequent Questions and Answers.

LIMITATIONS OF THE SERVICE:

Availability of Certain Features May Be Limited By Make/Model/Year of Vehicle and location of services provided: The information the device can retrieve from your vehicle may be different than that available from other vehicles based on differences between manufacturers, models, and model years. In such cases, you may not receive access to certain Service Features that will be available to other people enrolled in the Service. In addition, certain features and services are not available outside of the United States.

Our Coverage Area: The Spectrum Sim Service is currently only available in the continental United States (excluding territories of the United States) and Mexico. HOWEVER, NOT ALL Spectrum Sim SERVICES ARE AVAILABLE EVERYWHERE, PARTICULARLY IN REMOTE OR ENCLOSED AREAS, OR ON ALL CARS, AT ALL TIMES. The location of your vehicle, particularly in remote or enclosed areas, may affect the availability and quality of the Spectrum Sim Service that we can provide to you. The Service generally works using wireless communication networks of our wireless Service Partners and the Global Positioning System ( GPS ) satellite network. The device receives GPS signals and communicates with our data centers and those of our affiliates or Service Partners through use of wireless and landline communications networks. The Spectrum Sim Service cannot work unless your vehicle is in a place where our wireless carriers and/or their roaming partners have coverage, network capacity and reception. The aspects of the Spectrum Sim Service that involve location information about your vehicle cannot work unless GPS satellite signals are unobstructed, available in that location and compatible with the device.

Force Majeure Events: Various conditions beyond our control may prevent or delay us, our affiliates, or our Service Partners (or other third parties) from providing the Spectrum Sim Service to you, or impair the quality of the Service that you or your vehicle may receive. These conditions include, for example and without limitation, atmospheric, geographic, or topographic conditions (such as buildings, hills or tunnels); failure to properly install the device; incompatibility of the device with your vehicle; damage to or failure to maintain your vehicle in good working order and in compliance with these Terms of Service or applicable laws, rules or regulations; inclement weather; failure, congestion or outages of utility or wireless networks (including interruption of wireless service); as well as war, acts of God, natural disaster, labor strikes or other acts, forces or causes beyond our, our affiliates, and our Service Partners' (or other third parties) control. In the event any of the foregoing prevent or interfere with our provision of the Service to you, we may, at our discretion, suspend or terminate the Service (in whole or in part) or cancel your subscription, without notice to you and without any liability. Further, we, our affiliates, and our Service Partners (or other third parties) are not responsible for any Service or the device’s failures, interruptions, delays, or impairments due to these causes.

LIMITS ON YOUR USE OF THE Spectrum Sim SERVICE AND THE device: You agree not to use the device, the Spectrum Sim Service, any other services we may offer, or the Website and Spectrum Sim App, in any way that is illegal, fraudulent or abusive, including to harass, threaten, abuse, defame, or slander, any individual or entity. You may not use the Spectrum Sim Service in a manner that interferes with any other customer’s use of the Spectrum Sim Service or our provision of the Service to our other customers. Certain information you receive through the Service is the property of us, our affiliates, or our Service Partners (or other third parties) and it may be subject to one or more copyrights, trademarks, service marks, patents, or other legal protections. You agree that the service is for your use only. You may not (or permit or cause any other party to) sell or resell or otherwise use the device, the Spectrum Sim Service or any other services we may offer, the Website, Spectrum Sim App, or anything we provide to you for commercial purposes, nor may you reproduce, copy, modify, make derivative works from or otherwise display or distribute it.

TERMS ABOUT SPECIFIC SERVICES: The Spectrum Sim Service Features may change from time to time and may vary depending on your subscription or the laws, rules or regulations of the state in which you live. For the most current description of the Spectrum Sim Service, please go to Spectrum Sim.com.

YOUR RESPONSIBILITIES: Without limiting any of the other provisions of these Terms of Service, you agree to the following responsibilities:

Drive Safely: You have full responsibility and assume all risks related to the use of the Spectrum Sim Service in your vehicle. You may only use the Service when it is safe to do so. Failure to do so may result in an accident involving serious injury or death. You are responsible for following all applicable laws, rules, and regulations, including requirements of relevant government regulatory bodies, applicable to the use of the Service.

Not Insurance: The Service is not an insurance product and Spectrum Sim (as well as its Service Partners) is not an insurance company. The Service does not insure you, your property, your vehicle, or anyone else. You are responsible for obtaining appropriate and applicable insurance on you, your property, your vehicle, or anyone else.

Account Information/Security Measures: You agree that you will provide Spectrum Sim with true and accurate Account information and will keep that information up to date. You are responsible for ensuring that we have your current and valid wireless telephone number and/or email address. You can change your telephone number at any time by updating this information in the App. Additionally, you may change your email address by contacting Support in the App.

You will notify us immediately of any breach of security or unauthorized use of the Service and/or your subscription. We will not be liable for any losses resulting from unauthorized access to or use of the Service or your subscription and you may be liable to us or other parties due to such unauthorized access and/or use.

Misuse or Modification of the Service: You will not copy, reproduce, distribute, decompile, reverse engineer, disassemble, remove, alter, circumvent, or otherwise tamper with any security technology, convert to any use not authorized by us or claim ownership in the Service or any other party's information or materials associated with the Service; and you will not remove, modify, or obscure any copyright notices, trademarks, or other proprietary rights notices on or contained in or on any portion of the Service or any information or materials on or obtained from the Service.

COMMUNICATIONS FROM US AND/OR OUR SERVICE PARTNERS:

We may contact you about the Services (which may include cancellation of the Services) using notifications through In-App Messages, postal mail, telephone calls, and e-mail using any electronic address you have provided to us.

If you wish to contact us, please do so via the Support menu item in the App.

Spectrum Sim device LIMITED WARRANTY WITHIN THE UNITED STATES: For customers within the United States, Spectrum Sim warrants all new devices against all defects or malfunctions for as long as you have uninterrupted data subscription, subject to the following terms and conditions. For customers outside of the United States, please check with the Service Partner that provided your device for warranty information.

This limited warranty is extended to the initial person to whom purchased the device (the Consumer ). The Consumer may be referred to collectively throughout this limited warranty as you, your, or yours. Coverage under this limited warranty terminates if the Consumer sells the device, cancels the related data subscription, and/or the data subscription expires (i.e., does not renew).

TO THE EXTENT ANY IMPLIED WARRANTY IS REQUIRED BY LAW, IT IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD DESCRIBED ABOVE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

This device Limited Warranty Does Not Apply To:

· devices on which the serial number or housing of the device has been damaged, removed, or tampered with in any way.

· Damages or operating problems that result from misuse, abuse, operation outside environmental specifications or contrary to the requirements or precautions in these Terms of Service, lightning strikes or other natural causes, modification or alteration, incorrect electrical current or voltage, signal reception or input, software errors that do not disable functionality, or from use of the devices in vehicles being used outside of the continental United States, excluding U.S. Territories, institutional or commercial use, or other causes not arising out of defects in material or workmanship.

The cost of repair or replacement under these excluded circumstances shall be borne exclusively by you and not by Spectrum Sim.

This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

To Obtain Warranty Service:

To obtain warranty service, contact Support in the App (or your Service Partner that provided the device if outside of the United States).

Warranty is limited to repair or replacement of the device, at the sole discretion of Spectrum Sim.

NO OTHER WARRANTY:

THE device LIMITED WARRANTY IS IN LIEU OF AND Spectrum Sim EXPRESSLY DISCLAIMS, WHERE AND TO THE EXTENT PERMITTED BY LAW, ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE device AND THE Spectrum Sim SERVICES, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, Spectrum Sim DOES NOT WARRANT THE OPERATION, PERFORMANCE OR AVAILABILITY OF THE SERVICES, OR THAT THE SERVICES WILL CONTINUE IN EXISTENCE FOR ANY PERIOD OF TIME, OR THAT FUTURE OPERATION OF THE SERVICES WILL BE COMPATIBLE WITH CURRENT OPERATION OR APPLICATIONS.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, Spectrum Sim MAKES NO REPRESENTATIONS THAT THE SERVICES WILL BE ERROR-FREE OR FREE FROM LOSS, INTERRUPTION, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND Spectrum Sim DISCLAIMS ANY LIABILITY RELATING THERETO.

Through your use of the Spectrum Sim Service, you may have the opportunity to engage in commercial transactions with our affiliates, Service Partners, or other vendors, such as automobile dealerships, insurance companies, and others. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY SUCH TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, WEBSITE, AND Spectrum Sim APP, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE OR Spectrum Sim APP AND/OR THE SERVICE, FROM A THIRD-PARTY IS PROVIDED SOLELY BY SUCH THIRD-PARTY, AND NOT BY US OR ANY OF OUR AFFILIATES.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOU (AND/OR ANY OTHER USER OR OCCUPANT OF YOUR VEHICLE) EXERCISE GOOD JUDGMENT AND OBEY TRAFFIC RULES AND ALL OTHER APPLICABLE LAWS AND REGULATIONS WHEN OPERATING YOUR VEHICLE, ACCESSING AND/OR USING THE SERVICE, PERMITTING OTHERS TO USE YOUR VEHICLE AND/OR EVALUATING WHETHER THE USE OF ANY OF THE SERVICE FEATURES IS SAFE AND LEGAL UNDER THE CIRCUMSTANCES. THE DIAGNOSTIC DATA SERVICES ARE INFORMATIONAL ONLY AND ARE DESIGNED TO HELP IDENTIFY THE LIKELY SOURCE OF A PROBLEM BASED ON THE DIAGNOSTIC CODES TRIGGERED AND ARE NOT INTENDED TO REPLACE ACTUAL IN-PERSON SERVICE EVALUATIONS.

LIMITATIONS OF LIABILITY: OTHER THAN AS SET FORTH ELSEWHERE IN THESE TERMS OF SERVICE, YOU AGREE THAT ANY CLAIMS YOU MAY HAVE AGAINST US FOR DAMAGES OR OTHER MONETARY RELIEF ARE LIMITED TO DIRECT DAMAGES. TO THE EXTENT PERMITTED BY LAW, Spectrum Sim WILL NOT BE LIABLE IN ANY WAY IN CONNECTION WITH THESE TERMS OF SERVICE OR THE Spectrum Sim SERVICE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR PROFITS, LOST OR CORRUPTED DATA, OR ANY OTHER DAMAGE WHETHER BASED IN CONTRACT, TORT OR OTHERWISE. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Spectrum Sim’S AGGREGATE LIABILITY EXCEED $67. THESE LIMITS AND EXCLUSIONS APPLY EVEN IF Spectrum Sim KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES AND WHETHER ARISING BASED ON NEGLIGENCE, TORT OR BREACH OF CONTRACT. THESE LIMITATIONS SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF SERVICE, AND APPLY TO ANYONE USING THE SERVICES OR device OR MAKING A CLAIM ON YOUR BEHALF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

YOU ARE RESPONSIBLE FOR YOUR device IF IT IS LOST, STOLEN OR SUBJECT TO MORE THAN ORDINARY WEAR AND TEAR.

Spectrum Sim CONTACT: Spectrum Sim wants you to be satisfied with its products. Should you have any difficulties with the operation or performance of your device or the Spectrum Sim Services, please contact:

By In-App Contact:

For customers in the United States:

Contact item in the menu

INTELLECTUAL PROPERTY/OWNERSHIP: The Service and all information and software provided by us through the Service, including the Spectrum Sim App, are and shall remain our (or our affiliates’ or applicable Service Partners’) sole and exclusive property, are protected by United States copyright laws and may be subject to other intellectual property protections, including patent and trademark rights. You may not copy, distribute, modify, publish, broadcast, retransmit, re-use or otherwise reproduce the Service, information or software in any medium. Any violation of this restriction is an infringement of copyright or proprietary rights in the Service, information and software. As between you and us, we (and our affiliates and applicable Service Partners) own or license all such software and you do not acquire any rights in such software, including any right to use or modify the software (other than in the ordinary course of your receipt and use of the Service in accordance with these Terms of Service). We may update the software contained in the device or Spectrum Sim App from time to time. We may do this remotely without notifying you first. These software updates or changes may affect or erase data or metadata that is stored in the Service. We are not responsible for any affected or erased data or metadata due to a software update or change.

Any trademarks, logos and service marks (collectively, Trademarks) displayed in connection with the Spectrum Sim Service are the registered and/or unregistered trademarks of Spectrum Sim, its affiliates, applicable Service Partners or other third parties. Nothing herein or contained in the Service may be construed as granting, by implication, estoppel or otherwise, any license or right to use or display any Trademarks or any variation thereof without the written permission of Spectrum Sim or the owner thereof.

THIRD-PARTY BENEFICIARIES: Without limitation of anything else set forth herein, you have no contractual relationship whatsoever with any of our affiliates or Service Partners, and these Terms of Service do not give you any rights against any affiliate or Service Partner. You are not a third-party beneficiary of any agreement between us and any of our affiliates or Service Partners. None of our affiliates or Service Partners has any legal, equitable, or other liability of any kind to you under this agreement. In contrast, our parent companies, affiliates, subsidiaries, agents, predecessors in interest, successors in interest, and Service Partners are intended beneficiaries of the protections contained in these Terms of Service relating to, among other things, limitations regarding the Service and its use and limitations on liability.

OPEN SOURCE NOTIFICATION: The Spectrum Sim Service contains certain software that is covered by open source licensing requirements. All open source software contained with the Spectrum Sim Service is distributed WITHOUT ANY WARRANTY. All such software is subject to the copyrights of the authors and to the terms of the applicable licenses included in the list.

Assignment: We may, at any time, assign these Terms of Service, including our rights, interests and obligations thereunder, in whole or in part, or delegate any of our responsibilities under these Terms of Service to any other person or entity with prior notice to you. You may not assign these Terms of Service, including any of your rights, interests and obligations thereunder, in whole or in part, or delegate any of your responsibilities under these Terms of Service without our prior written consent. We are not under any obligation to give our consent, and any attempt to assign this Agreement without our written consent shall be null and void.

No Waiver: No waiver of any right or obligation under these Terms of Service by us on any occasion will constitute a waiver of that right on any subsequent occasion. In any event, no waiver by us of any right of ours is effective against us unless it is in a writing signed by us.

By Spectrum Sim: We may issue notices via various channels, including by posting messages on our Website, sending you email, or posting messages through the Spectrum Sim App. You consent to receive such notices and agree that any such notices that Spectrum Sim sends to you shall be legally effective. You agree that any notices sent by email satisfy any requirement that the notices be provided in writing. If you do not agree, do not accept these Terms of Service. You may have the right to withdraw your consent to receiving certain electronic communications, and, when required by law, we will provide you with paper copies of all documents and records upon request. If you withdraw your consent, we reserve the right to terminate these Terms of Service and the related Services. To receive or access the notices we send via email, you must have Internet access and a computer or device with a compatible web browser. You will also need software capable of viewing files in Portable Document format (PDF). To retain the notices we send you, your device or computer must have the ability to download and store electronic communications, including PDF files. By accepting these terms, you verify that you are able to receive, access, and retain the notices we may send. You may change your email address for notification purposes at any time by updating your email address in the App.

ARBITRATION: WE HOPE TO MAKE YOU A SATISFIED CUSTOMER, BUT IF THERE IS AN ISSUE THAT NEEDS TO BE RESOLVED, THIS SECTION OUTLINES WHAT IS EXPECTED OF US BOTH.

YOU AND WE BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION OR IN SMALL CLAIMS COURT. YOU UNDERSTAND THAT BY THIS AGREEMENT, YOU ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY. WHILE THE PROCEDURES MAY BE DIFFERENT, AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THESE TERMS OF SERVICE, AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS’ FEES, AN ARBITRATOR CAN AWARD THEM TOO. WE ALSO BOTH AGREE THAT:

1. THE FEDERAL ARBITRATION ACT APPLIES TO THESE TERMS OF SERVICE. EXCEPT FOR SMALL CLAIMS COURT CASES THAT QUALIFY, ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUR OF THESE TERMS OF SERVICE OR FROM ANY EQUIPMENT, PRODUCTS AND SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES), INCLUDING ANY DISPUTES YOU HAVE WITH OUR EMPLOYEES OR AGENTS, WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION (AAA) OR BETTER BUSINESS BUREAU ( BBB ). YOU CAN ALSO BRING ANY ISSUES YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE OR LOCAL GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU.

2. UNLESS YOU AND WE AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN THE COUNTY IN WHICH THE PRIMARY ACCOUNT HOLDER’S REGISTERED ADDRESS WITH US IS LOCATED. FOR CLAIMS OVER $10,000, THE AAA’S WIRELESS INDUSTRY ARBITRATION ( WIA ) RULES WILL APPLY. IN SUCH CASES, THE LOSER CAN ASK FOR A PANEL OF THREE NEW ARBITRATORS TO REVIEW THE AWARD. FOR CLAIMS OF $10,000 OR LESS, THE PARTY BRINGING THE CLAIM CAN CHOOSE EITHER THE AAA’S RULES FOR CONSUMER DISPUTES OR THE BBB’S RULES FOR BINDING ARBITRATION OR, ALTERNATIVELY, CAN BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. YOU CAN GET PROCEDURES, RULES AND FEE INFORMATION FROM THE AAA (WWW.ADR.ORG), THE BBB (WWW.BBB.ORG) OR FROM US. FOR CLAIMS OF $10,000 OR LESS, YOU CAN CHOOSE WHETHER YOU’D LIKE THE ARBITRATION CARRIED OUT BASED ONLY ON DOCUMENTS SUBMITTED TO THE ARBITRATOR, OR BY A HEARING IN PERSON OR BY PHONE.

3. THESE TERMS OF SERVICE DO NOT ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA OR BBB PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THESE TERMS OF SERVICE. ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS PARAGRAPH SHALL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.

4. IF EITHER OF US INTENDS TO SEEK ARBITRATION UNDER THESE TERMS OF SERVICE, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 30 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO US SHOULD BE SENT TO: Spectrum Sim, c/o OBD Legal, 15305 Dallas Parkway, Ste. 1300, Addison, Texas 75001. THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM AND THE RELIEF SOUGHT. IF WE ARE UNABLE TO RESOLVE THE DISPUTE WITHIN 30 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION.

5. AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CANNOT BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.

6. IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH ABOVE IN SUBSECTION (3) CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY.

7. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND WE UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESET TERMS OF SERVICE IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.

SEVERABILITY: If any term or provision of these Terms of Service, or of any document incorporated herein by reference, is held by a court of competent jurisdiction to be contrary to law, then that term or provision shall be severed from these Terms of Service, and the remaining provisions of these Terms of Service or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby. Each provision of these Terms of Service shall be valid and enforceable to the extent permitted by law and unless prohibited by law.

GOVERNING LAW: Except where Spectrum Sim has agreed otherwise elsewhere in these Terms of Service, interpretation of these Terms of Service and any disputes covered by it are governed by federal law and the laws of the Commonwealth of Kentucky, excluding its conflict of law provisions.

 

ENTIRE AGREEMENT: This Terms of Service document (including the Privacy Policy, the Roadside Assistance - Terms and Conditions and any other document or policy incorporated by reference into these Terms of Service) constitutes the entire agreement between you and us. It supersedes all other agreements, communications or representations, oral or written, between us, past or present. Spectrum Sim is not responsible for any statements, agreements, representations, warranties or covenants, oral or written, including, without limitation, any statements from third parties, anything said by sales or Support representatives, concerning or relating to the device or the Service provided to you pursuant to these Terms of Service or your subscription, unless such statements, agreements, representations, warranties or covenants are expressly contained in these Terms of Service.

Questions, Concerns and Comments

If you have any questions regarding our Terms of Service, please contact us.

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