Thank you for trusting splitsecnd. Upon purchasing the splitsecnd device (the “Device”) and subscribing to use the splitsecnd automatic crash notification service (the “Service”), you accept, without limitation or qualification, these terms and conditions of use. We may change these terms and conditions from time to time, with or without notice, and you agree to be bound by any such changes. The Service is described in these Terms and Conditions and in greater detail on the splitsecnd website. You can contact us at any time by emailing us through our website at www.splitsecnd.com or writing us at Cyber Physical Systems 1204 Elmwood Ave, Nashville, TN 37212
PLEASE READ THIS DOCUMENT CAREFULLY AND KEEP A COPY FOR YOUR RECORDS. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS AN ARBITRATION AGREEMENT THAT WAIVES YOUR RIGHT TO A JURY TRIAL, AND A CLASS ACTION WAIVER, A CHOICE OF LAW PROVISION, AND A FORUM SELECTION CLAUSE.
How splitsecnd service works:
The Service is only available in the United States. The Device will not work in Canada, Mexico or anywhere else outside of the USA. IT IS NOT A SUBSTITUTE FOR LOCAL EMERGENCY SERVICES. The Service will only work if your payment account is current, your automobile has a working electrical system, your Device is properly connected to a functioning power source in your automobile, the Device is positioned in the car so that the driver can communicate with the Device via its built in microphone and speaker, the Device is not in the glove box or trunk of the automobile, and the Device has network access. Network access is limited to areas where the wireless provider has coverage or roaming agreements in place. You agree that once you enroll in the Service, we will be able to track your approximate location. You also agree that we can provide this information to third party service providers in case of an emergency or Service incident. However, we cannot guarantee that we can track your exact location and in some cases, we may only be able to provide the information provided in your personal profile. We will only use your personal location information for providing the Service.
Use of splitsecnd service:
By initiating your account to use the Service, you agree you will not use the Service for any fraudulent, unlawful, or abusive purpose, or in any way that interferes with our provision of Services to our other customers. If you engage in any of the aforementioned, you accept full responsibility for all damages, plus any expenses incurred by splitsecnd or any third party service provider, resulting in whole or in part from your actions. You are solely responsible for maintaining the content and accuracy of your personal profile with splitsecnd.
Payment for splitsecnd service:
You are responsible to pay for the Service on time and (unless the law provides otherwise) in full. If we do not receive payment within 30 days of the due date we will terminate the Service automatically. You are also responsible for directly paying all charges for services provided to you by others (such as emergency service providers). If you object to any fees or charges for services, you must communicate to us in writing within 60 days after the fee or charge is incurred, (unless the law does not allow a limit or the law requires a longer period), or you are waiving the dispute. You promise to pay all federal, state and local taxes, and other fees and service charges that we are required by law to collect and remit to the government on the Service we provide to you. These charges may change from time to time without advance notice.
Use of splitsecnd service:
You are solely responsible for any use of the Service associated with the Device, even if you are not the one using it, and even if you later claim the use was not authorized or used without your consent. You are also solely responsible for the services requested and any incurring fees made by you, or by anyone using the Service through splitsecnd on your behalf. In the event that the Device is used without your knowledge, you agree that our agent may share the information that you stored in our database at the time of activation, with any authorized person calling the Service on your behalf.
Change and/or cancellation of your splitsecnd service:
You can cancel the Service at any point. You can terminate the Service by contacting customer service via email at firstname.lastname@example.org. We will cancel the Service immediately and you will not be charged for any future months. You will not be entitled to a refund of the purchase price for the Device. We will only accept requests from you to activate, cancel, or reactivate your account and you agree to pay any charges associated with these requests. We will attempt to retrieve your previously stored personal profile if you reactivate your account, but we cannot guarantee our ability to retrieve it.
We may place usage limits for the Service. If we place usage limits for the Service, and you then use such Service more than allowed by the limit amount, we may discontinue your Service.
splitsecnd service agents:
We may record and monitor conversations between you and our agents, emergency service providers, the police, or other third parties. Please note that our agents may also remain on the line if they conference in a third party to assist in completing a Service request. Please understand that splitsecnd is not required to release any audio or physical records that are created as part of the Service without a subpoena (unless otherwise required by law). We will do our best to accommodate you if English is not your first language and you require translation services, but we cannot guarantee the availability or competence of a third party translator.
Connection to other service providers:
When the Device is activated as a result of an accident or emergency, our agents may link, conference or transfer you to other service providers such as the police, fire department, ambulance service, or other professional emergency service providers. We’ll use reasonable efforts to contact appropriate service providers for help when you ask for it, but we can’t promise that any service providers will respond in a timely manner or at all. Furthermore, we cannot promise we will provide the best service provider or guarantee any level of service from such service provider. The laws in some places require an emergency situation to be confirmed before emergency service providers will provide assistance. You are responsible for any information that is shared with any service provider through the use of the Device.
Your Device is able to provide the Service using software that we may need or want to change from time to time. We may do this remotely, or through a third party service provider without notifying you first. When the firmware is updating, the Device will not be active and will not function. During this time the user will not be aware. splitsecnd will do its very best at communicating routine updates but will not be responsible if an event occurs during this period of time, You do not own the splitsecnd software or acquire any rights to use or modify the splitsecnd Software on your own by owning a Device or subscribing to the Service. If the Device is tampered with or modified in any way splitsecnd has the right to terminate your Service. If the Device has been tampered with, modified, or intentionally damaged in any way, splitsecnd is not responsible for the software not working properly.
Right to terminate or suspend your splitsecnd service:
We may terminate the Service without cause, in which case we will give you notice 30 days prior to the effective date of termination after which your account will be deactivated and the Service will terminate. This means that we can decide to cease providing the Service to you at any time and for any reason, even for reasons unrelated to you or your account with us. In such a case, we will refund any amounts you have paid in advance. Also, we may terminate your account without prior notice to you for any good cause. This means, for example, we can terminate your account immediately if you breach any part of this agreement, don’t pay amounts that are due to us, interfere with our efforts to provide the Service, interfere with our business, or if your Device has been illegally modified or wireless phone number is used for illegal or improper purposes. In the event your account is terminated, whether or not you will be allowed to subscribe to the Service again will be entirely up to us. We can also suspend the Service for network or system maintenance or improvement, or if there’s network congestion, or if we suspect your Device or your account is being used for any purpose that would allow us to terminate it.
Some of our key privacy practices are outlined in this section. For a complete description of our privacy practices, please refer to our Privacy Statement. We may update our Privacy Statement from time to time and the updates are available at splitsecnd.com, or you can contact us to request a copy. We may collect information about you in several different ways: from information you provide to us, from your use of the Service, from calls or emails between us, from location based Services, and from third party data providers. We will collect information about your location on a periodic or regular basis. The information we may collect about you includes your contact and billing information (including your credit card number), registration information, your physical locations, and information that helps us customize our Services. You agree that we can, subject to applicable law, use this information to provide splitsecnd location based Services, manage your account, conduct analysis and research, comply with legal requirements, prevent fraud or misuse of the Service, and protect our rights or property or the safety of you or others. Unless you communicate with splitsecnd and request that your information be removed from the system, the information will be stored at our discretion. The information you have provided or that was collected during the terms of Service may be shared with a third party but any personal information linking you to the data will be removed.
We make no representation or warranty, either expressly or tacitly, for the completeness or correctness of the Service. The use of the Service is at your own risk. We assume no liability for or relating to the delay, failure, interruption or corruption of any voice, call quality, or data transmitted on the Device while using the Service. While we strive to ensure that the Service is provided without interruption and is accurate and reliable, we make no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to the Service and we assume no liability or responsibility of any kind for omissions or errors in the Service.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS. Specifically, we and our affiliates make no representations or warranties about the accuracy, reliability, completeness including errors or omissions, currentness or timeliness of content, software, text, graphics, links, or communications provided on or through the use of the Service.
The Device is guaranteed to perform in accordance with these terms and conditions for a period of 1 year (12 months) from date of purchase. You can return the Device within the first 30 days after purchase if for any reason you are unhappy with it and get your money back. If, within the first year, the Device is found to be defective in material or workmanship, splitsecnd, or one its authorized service facilities will, at its option, either repair or replace the Device without charge, subject to the following conditions, limitations and exclusions: This warranty extends to the original consumer purchaser only and is not assignable or transferable. This warranty shall not apply to any Device which has been subjected to misuse, abuse, abnormal use, negligence, alteration or accident, or has had its serial number altered or removed. This warranty does not apply to any defects or damage directly or indirectly caused by or resulting from the use of unauthorized replacement parts and/or service performed by unauthorized personnel.
Limitations of liability:
You and splitsecnd are each waiving important rights. Unless forbidden by law in a particular instance, we each agree as follows: (1) we are not liable for the actions or inactions of any service provider we contact for you, or for our inability to contact any service provider in any particular situation, (2) we are not liable to you for any injuries to persons or property arising out of or relating to your use of the Device or the Service, (3) our maximum liability to you under any theory (including but not limited to fraud, misrepresentation, breach of contract, personal injury, or products liability) is limited to an amount equal to the portion of the charges to you for the services relating to the period of Service during which such damages occur, (4) unless otherwise provided in this agreement, your maximum liability to us under any theory (including but not limited to fraud, misrepresentation, breach of contract, personal injury, or products liability) is limited to any charges due and owing by you to us, (5) neither you nor us can recover punitive damages, treble, consequential, indirect, or special damages, or attorney’s fees. You and us agree not to make, and to waive to the fullest extent allowed by law, any claim for damages other than direct, compensatory damages as limited in this agreement, (6) no one is liable to you for dropped calls or interrupted Service, or for problems caused by or contributed to by you, by any third party, by buildings, hills, tunnels, network congestion, weather, or any other things we do not control, (7) notwithstanding anything else in this agreement, you agree to excuse any non-performance by us or any service provider caused in whole or in part by an act or omission of a third party, or by any equipment failure, act of god, natural disaster, strike, equipment or facility shortage, or other causes beyond the control of us or our service providers, (8) you agree that neither we nor any service provider who sends you data or information through the Service is liable for any errors, defects, problems, or mistakes in that data or information, and (9) you agree that the limitations of liability and indemnities in this agreement will survive even after the agreement has ended. These limitations of liability apply not only to you, but to anyone using the Service on your behalf, to anyone making a claim on your behalf, and to any claims made by your family, employees, customers, or others arising out of or relating to your account. Some states don’t allow an exclusion or limitation of incidental or consequential damages or certain other damages, so some of the limitations above may not apply in some situations.
Resolution of Disputes:
Arbitration Agreement, Class Action Waiver and Forum Selection Clause:
If you and splitsecnd have a disagreement related to Service or the validity of these terms of conditions of use, we’ll try to resolve it via our customer service center. If we can’t resolve it, we both agree to use confidential binding arbitration, not lawsuits (except for small claims court cases) to resolve the dispute. We agree that any controversy or claim between us will be settled by one neutral arbitrator before the American Arbitration Association (“AAA”). There’s no judge or jury in arbitration, arbitration procedures are simpler and more limited than rules applicable in court, and review is limited. But you are entitled to a fair hearing and the arbitrator’s decisions are as enforceable as any court order.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. As modified by these terms of conditions of use, the arbitration will be governed by the AAA’s arbitration rules (collectively “Rules and Procedures”). We further agree that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and us; (b) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (c) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (e) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (f) the arbitrator shall honor claims of privilege and privacy recognized at law; and (g) a decision by the arbitrator (including any finding of fact and/or conclusion of law) against either you or us shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used against either of them in existing or subsequent litigation or arbitration involving any other person/customer.
With the exception of subparts (b) and (c) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained in these terms of conditions of use. If, however, either subpart (b) or (c) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither your or we shall be entitled to arbitration.
In the event this agreement to arbitrate is held unenforceable, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and us shall be exclusively brought in the state or federal courts located in Nashville, Tennessee. Further, in the event either you or we bring an action in a court seeking provisional interim equitable relief pending resolution of arbitration, such provisional interim relief must be exclusively sought in the state or federal courts located in Nashville, Tennessee.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879, write the AAA at 1633 Broadway, 10th Floor, New York, New York 10019, or visit the AAA website at www.adr.org.
To the fullest extent permitted by law, and except as explicitly provided otherwise, this agreement and any disputes arising out of or relating to it will be governed by the laws of the state of Tennessee, in accordance with the Federal Arbitration Act, without regard to its conflict of law principles, and by any applicable tariffs, wherever filed.
Assignment of this agreement:
We can assign this agreement or your obligations to pay under it in whole or in part to anyone we choose. You cannot assign this agreement or your obligations to anyone else without our prior written consent.
This is the entire agreement:
This agreement is the entire agreement between you and splitsecnd. It supersedes all other agreements or representations, oral or written, between us, past or present, and may not be amended except in a writing signed by splitsecnd. If any part of this agreement is considered invalid, the rest of it will remain enforceable. No waiver of any part of this agreement, or of any breach of it, in any one instance will require us to waive any other instance or breach. In some circumstances we might decide to provide you Service voluntarily even if you would not otherwise qualify. This will not be a waiver or require us to do so again.