Terms of Service

KYCS Global Inc. Terms of Service

Updated September 14, 2023

KYCS Global Inc. Terms of Service

The terms and condition set forth herein (the “Terms”) apply to KYCS Global Inc. (hereinafter referred to as “KGI” or “we” or “us”) and to its products, website, support center, mobile apps, mobile products, RTLS solutions, software, and any other services (collectively “Services”) KGI provides.

Definitions

“Coverage Areas” means the geographical areas within which the Services are available.

“Default” means when a User fails to abide by any of these Terms or any other agreement between the User and KGI, orbreaches these Terms or any other such agreement in any manner.

“Location Device” means any hardware device, sold or otherwise issued by KGI that can be located by using the Services. Without limiting the generality of the foregoing, this includes the KYCS Locate and ID Pro devices.

“Tracking Equipment” means any software or mobile app sold or otherwise issued by KGI.

“Individual” means any person, whether natural or legal.

“Providers” means KGI third-party content providers, sponsors, suppliers, and licensors.

“RFID Blocker” means any pouch, box or other enclosure, sold or otherwise issued by KGI, that helps to reduce RFID signals or other signals from permeating the pouch, box or other enclosure. An RFID Blocker is one of KGI’s products and falls under the definition of “Services” below.

“Service Request” means any request or call made by the User to KGI concerning the location of a lost or stolen item.

“Services” means KGI’s products, website, support center, mobile apps (such as the KYCS App and KYCS Locate App), Tracking Equipment, RFID Blocker, Location Devices, software, and any other of KGI’s services.

“Terms” means the terms and conditions set out herein.

“KYCS’ Apps” means a mobile application that allows Users to track or identify assets using a Location Device. This definition includes, but is not limited to, the KYCS App, KYCS Locate App, and Range Finder App. KYCS’s Apps falls under the definition of “Tracking Equipment”.

“User” or “Users” or “You” or “Your” or “Customer” means any person, whether natural or legal, who uses the Services, whether for themselves or on behalf of another person, including, but not limited to, caregivers and Individuals.

“Website” means any website owned and operated by KGI containing these Terms.

Acceptance of Terms

By purchasing or otherwise accessing or using the Services owned or operated by KGI, you are accepting and agreeing to be bound by the Terms. KGI may, at its sole discretion, modify the Terms. Please check these Terms often. In addition, these Terms may be modified only by our posting of changes to these Terms on this Website. You understand and agree that continued use of the Services subsequent to any modifications to the Terms being posted on the Website, results in you agreeing to become bound to the modified Terms. For clarity, each time you access this Website or any other Service, you will be deemed to have accepted any such modifications to the Terms.

If User does not agree to be bound by the Terms, the User must cease using or accessing the Services. The contents of KGI’s Websites, including the text, graphics, images, and information obtained from KGI third-party content providers, sponsors, suppliers, and licensors (collectively “Providers”), and any other materials are to be used for informational purposes only.

Children under the age of 13 must not use the Services as some of the content relating to the services may not be appropriate for children. Users must be 18 years or older to purchase any product or service offered by KGI. Children between the ages of 13 and 18 must ask for their parent’s or guardian’s permission before viewing the Website or otherwise using the Services.

By accepting these terms, User agrees that User will not plan or engage in any illegal activity in relation to the Services.

Recovery Not Guaranteed

User agrees that the Services are to be used solely as an aid to assist in finding or identifying the asset equipped with the Services. User agree that KGI does not guarantee that any stolen asset equipped with the Services will be recovered successfully or that any part of KGI’s Services will be bug free, work without interruption, or be free from human error. User agrees that the Services are not a replacement for User’s adequate garage policy insurance coverage or any other type of insurance coverage. For clarity, should an asset equipped with the Services be stolen and not recovered, User agrees that User must proceed to file an insurance claim for the asset. User shall not advise any customer, or any other person that the Services in any way guarantee the recovery of a stolen asset.

Users acknowledges that KGI Equipment may contain used, reconditioned or refurbished components. Users agree to accept full responsibility for the use and limitations of the product and associated technologies. Users further agree not to hold KGI liable for any or such limitations or malfunctions of KGI’s products and the Services.

The User understands that KGI shall use reasonable skill and due care in providing the Services, but KGI does not guarantee the availability, accuracy, completeness, reliability, or timeliness of location data or any other data displayed by the Services. LOCATION-BASED SERVICES ARE NOT INTENDED OR SUITABLE FOR USE AS AN EMERGENCY LOCATOR SYSTEM. KGI reserves the right, at its sole discretion, to discontinue all or any part of the Services, at any time and without notice.

KGI makes no warranties, representations, claims, guarantees or conditions of any nature whatsoever, express or implied, including any warranty, representation, claims, guarantees or condition of fitness for a particular purpose, merchantability, title or non-infringement with respect to any of KGI’s Services. All such warranties, representations, claims, guarantees and conditions, express and implied, are, to the extent permitted by applicable law, hereby excluded.

Troubleshooting Process

By purchasing or otherwise accessing or using the Services, User agrees to actively participate in any Troubleshooting Processes that may be initiated by KGI. At KGI’s discretion, if KGI detects any irregularities or malfunction of a User’s Services, KGI may contact the User up to three (3) times via any combination of email, phone or software/app alerts in order to troubleshoot the irregularity or malfunction.

Failure by User to actively participate in the Troubleshooting Process as it relates to the Services may result in the voiding of the warranty for the particular Service and/or defects or degraded Services for the User, including but not limited to not being able to track the location of an asset or individual equipped with the Services.

In order to actively participate in the Troubleshooting Process, the User must perform any manual troubleshooting requested by KGI and fully answer any troubleshooting questions asked by KGI in KGI’s communications to the User.

KGI will not warranty, repair or replace any Services until the Troubleshooting Process has been successfully completed between KGI and the User, including the active participation by User in the Troubleshooting Process.

Users are responsible for ensuring that KGI’s Tracking Equipment and Location Devices are used and maintained in accordance with instructions provided herein and found elsewhere throughout the Services. User shall not permit tampering, modification or interference with KGI’s Tracking Equipment and Location Devices.

Area Coverage

The Coverage Areas for the Location Devices (including, but not limited to, private-labelled versions of the Location Devices) includes service in up to 190 countries. The Services are available for assets that are equipped with Location Devices, such assets residing in North America only. The Services provided on Location Devices outside of North America are strictly for situations where assets equipped with Location Devices have been stolen and transported outside of North America and KGI, at KGI’s own discretion, is providing corresponding theft-recovery services. KGI reserves the right, at any time and at its own discretion, to indefinitely suspend or terminate the Services on any Location Device outside of North America. At KGI’s discretion, User may opt to continue receiving the Services while overseas, but User will incur international carrier roaming surcharges starting from $40 USD/mb of data usage with no usage limit.

Locating Assets

In order for KGI to use its Services to assist with locating stolen items, User must provide to KGI a confirmation, which is acceptable to KGI, that a Police report has been filed with a police department. KGI shall, at its sole discretion, have the option but not the obligation to locate the stolen item.

KGI has no obligation to communicate with or inform any third party, including the Police, of when an item is reported stolen by the User within the Services.

The User acknowledges that the Police may refuse or neglect to respond to KGI or may do so in an untimely manner and the User further acknowledges that KGI shall not be responsible for any prejudice or damage suffered by the User as a result of such an occurrence.

The User undertakes to immediately advise both KGI and the Police of the theft or suspected theft of the stolen item, and to immediately communicate to KGI the report or file identification number provided by the Police with regard to such theft or suspected theft. The User acknowledges that any delay in advising KGI or in advising the Police of the theft or suspected theft of the item reduces the likelihood of successfully tracking and recovering the item. User understands and agrees User is prohibited from attempting to recover any asset without assistance from the Police.

The User understands that fines, penalties and other such amounts may be charged by local governments or agencies for any false alarm which summons an emergency service. Any Service Request which results from anything other than the theft of the item, will be considered a false alarm. If KGI deems that a Service Request is unfounded or constitutes a false alarm, the User shall be responsible for and assume: (i) all of KGI’s costs and expense incurred in responding to the Service Request; (ii) any applicable location fees; and (iii) any fines, penalties or other amounts charged by local governments or agencies for any false alarms or signals.

User understands and agrees that KGI reserves the right to unilaterally terminate this Agreement at its sole discretion without any refund of any kind if the User generates one or more false alarms.

KGI shall bear no responsibility for any failure by the User to protect its assets. KGI shall also bear no responsibility for returning User’s assets to User or for any loss or damage to User’s assets.

User expressly acknowledges that the Services offered by KGI for the sole purpose of aiding in the location of lost or stolen items. Accordingly, KGI is not responsible for, and the User agrees to fully indemnify KGI against any liability, loss or damages incurred by KGI arising from or relating to, any use of the Services by the User for any purpose other than to locate lost or stolen items including, without limitation, any use thereof which may be contrary to law, whether by violating the privacy or personal information of others or otherwise.

License

Subject to User’s compliance with the Terms, KGI grants User a limited non-exclusive, non-transferable license to download and install a copy of KYCS’ Apps on a single mobile device that User owns or controls and to run such copy of KYCS’ Apps and use the Services solely for User’s own personal non-commercial purposes. KGI reserves all rights in and to KYCS’ Apps and Services not expressly granted to User under these Terms. User may not: (i) copy, modify or create derivative works based on KYCS’ Apps or Services; (ii) distribute, transfer, sublicense, lend or rent KYCS’ Apps to any third party; (iii) reverse engineer, decompile or disassemble KYCS’ Apps; or (iv) make the functionality of KYCS’ Apps or Services available to multiple users through any means.

KGI grants Users a limited license to access and make personal use of this Website and Users may not download (other than page caching) or modify it, or any portion of it, without the express written consent of KGI. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of KGI. Users may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of KGI’s without KGI’s express written consent. Users may not use any metatags or any other hidden text utilizing KGI’s name or trademarks without the express written consent of KGI. Any unauthorized use terminates the permission or license granted by KGI. Users are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the website so long as the link does not portray KGI, its affiliates, or the Services in a false, misleading, derogatory, or otherwise offensive manner. Users may not use any KGI logo or other proprietary graphic or trademark as part of the link without express written permission.

Downloading KYCS’ Apps

When Users download KYCS’ Apps from the Apple App Store, Google Play or other app store or app distribution platform (an “App Store”), Users acknowledge and agree that:

(i) These Terms are concluded between the User and KGI, and not with the App Store, and that KGI (not the App Store) are solely responsible for KYCS’ Apps and Services.

(ii) The App Store has no obligation to furnish any maintenance and support services with respect to KYCS’ Apps or handle any warranty claims.

(iii) The App Store is not responsible for addressing any claims Users have relating to the KYCS’ Apps, including product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that KYCS’ Apps fails to conform to any applicable legal or regulatory requirement.

(iv) The App Store is a third-party beneficiary of these Terms and has the right to enforce these Terms against Users (as it relates to User’s license of KYCS’ Apps through their App Store). Users must also comply with the App Store’s terms of service when using KYCS’ Apps.

Creating an Account within KYCS’ Apps

In order to use certain features of the Services, Users must have an account with KGI. By creating an account, Users represent that:

(a) all required information provided is truthful and accurate;

(b) Users are of legal age to agree to these Terms; and

Users are responsible for maintaining password confidentiality and for any and all use of your account. User should notify us immediately if User suspects any unauthorized use of User’s account or access to User’s password.

User may not:

(a) use the account or username of any other user;

(b) allow someone else to use User’s account or username; or

Should User violate these Terms, KGI reserves the right to issue User a warning, suspend or even terminate User’s account (along with User’s ability to access and use the Services).

The User

The User understands and agrees that KGI reserves the right to unilaterally terminate the Services at its discretion without notice.

In order to ensure proper delivery of the Services, the User agrees to immediately notify KGI in writing of any change to the Information contained in the registration, including; (i) the destruction of the Location Device; (ii) the removal of the KYCS unit from the asset to which it has been registered; Should the User fail to inform KGI as required herein, The User shall be responsible for any and all related liability and failure to the Services.

Security

The User understands and agrees that KGI shall collect and maintain ownership of any non-personally identifiable data collected through the use of KGI’s Services, and that KGI may use such data for any purpose such as marketing, sales, research, development, and analytics purposes.

KGI takes cyber security very seriously. KGI shall take appropriate security measures to prevent unauthorized access, misuse, or modification of its hardware and software. However, KGI cannot guarantee the security of our hardware or software and User cannot reasonably expect that hardware or software will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse. User understands and agrees that the Section titled Limitation of Liability within these Terms, along with any additional provisions within these Terms that limit KGI’s liability, apply to any such wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.

General Prohibitions

Users agree not to do any of the following:

Use the Services or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Use the Services to track the location of, or collect any personally identifiable information from, any other person without their express permission;
Intercept or “sniff” the communication packets between the Location Device hardware and mobile devices or attempt to reverse engineer the Location Device’s Low Energy profile or KYCS protocol;
Access, tamper with, or use non-public areas of the Services, KGI’s computer systems, or the technical delivery systems of KGI’s providers;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Attempt to access or search the Services or content or download content from the Services through the use of any tool, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by KGI or other generally available third party web browsers;
Submit or transmit any content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
Violate any applicable law or regulation, including by stalking, harassing, or tracking others for unlawful or criminal purposes;
Attempt to recover or retrieve a stolen/missing asset/person without the assistance of the Police;
Encourage or enable any other individual to do any of the foregoing.

User Default

(a) Should the User fail to abide by any of these Terms or any other agreement between the User and KGI, or breach same in any manner, the User shall be in a situation of Default.

(b) if the User is in Default, KGI may immediately, and without providing any notice or delay, do any or all of the following, without waiving any other remedy available at law: (i) terminate this agreement and/or any other agreement, between the User and KGI; or (ii) cease providing the Services to the User.

Unsolicited Idea Submission

KGI and/or any of its employees, do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when KGI‘s products or marketing strategies might seem similar to ideas submitted to KGI. Please do not send unsolicited ideas to KGI or anyone at KGI . If, despite our request that User not send KGI ideas, User still sends them, then regardless of what Users letter, fax, phone call, or e-mail says, the following terms shall apply to User’s idea submission.

User understands and agrees that: (1) Users ideas will automatically become the property of KGI , without compensation to User, (2) KGI can use the ideas for any purpose and in any way, even give them to others, and (3) Users waive the right to enforce any patents, trademarks or copyrights in any way related to User’s ideas. For clarity, if User provide any suggestions, ideas, feedback, or recommendations you give us a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit in any manner any and all suggestions, ideas, feedback, or recommendations.

Termination

Users can terminate their accounts at any time by deactivating their account or by providing notice of termination to KGI. KGI reserves the right to terminate or suspend User’s account or User’s access to any or all portions of the Services at any time, for any reason, including but not limited to User’s violation or breach of any provision in these Terms. Upon termination, all rights and licenses granted to User in these Terms immediately cease. If User’s account or access to KGI’s Services is terminated or suspended because User violated these Terms, User will not be entitled to any refund of any fees or payments and User will have no further right to access any of the foregoing or User’s account.

Content You Provide

Users are responsible for the content, such as any text, images, and other material and information, that Users upload or post on or through the Services (“Content”), and its legality, reliability, and appropriateness. Users should only upload or post Content that Users create or have the right to use and publish. By uploading or posting User’s Content User give KGI the right and license to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, and use User’s Content in connection with providing KGI’s Services. User agrees that KGI can also make User’s Content available to other users of the Services, who may view and/or use User’s Content, subject to these Terms.

Enforcement

KGI has the right (but not the obligation) to review any or all portions of your Content and delete (or modify) any of your Content from KGI’s Services for any reason, including if KGI believes, in KGI’s sole judgment, User’s Content violates these Terms, or that KGI believes threatens the safety of, or harms any other person, or creates liability for KGI or any other person. KGI reserves the right (but have no obligation) to investigate and take appropriate action, including removing User’s Content from the Services (or modifying it), suspending or terminating User’s account and/or suspending or terminating the provision of the Services to User, and/or reporting User to law enforcement authorities, if User violates any provision of these Terms. In order to cooperate with governmental requests, subpoenas or court orders, to protect KGI’s systems, service providers, partners, and other users, or to ensure the integrity and operation of KGI’s business and systems, KGI may access and disclose any information or content KGI considers necessary or appropriate, including User account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, your Content, and User conduct.

Limitation of Liability

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICES PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

KGI SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICES. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) KGI’S FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) KGI’S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR PERSONAL INJURY.

USER EXPRESSLY UNDERSTANDS AND AGREES THAT KGI AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF KGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES (II) ANY CHANGES MADE TO THE SERVICES OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICES OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA; (IV) THE DELETION OR, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE USER’S TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICES; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICES.

LIABILITY FOR ANY CLAIM RELATED TO OR ARISING OUT OF THESE TERMS OR USER’S USE OF THE SERVICES, IS LIMITED TO THE AMOUNT PAID BY USER FOR THE PRODUCT IN THE 12 MONTHS BEFORE THE CLAIM AROSE.

The User understands that: (i) KGI is not an insurer and does notprovide any type of insurance protection.

The User agrees to defend, indemnify and hold KGI harmless with regard to any liability incurred, including without limitation, the payment of any fines, penalties or other charges for false alarms, reasonable expenses, costs and attorney’s fees.

The User acknowledges that KGI, its authorized resellers, the Police, and KGI’s wireless service providers are independent parties and under no circumstances will KGI be responsible for any act or omission of its authorized resellers, the Police or KGI’s wireless service providers, nor will the authorized resellers, the Police or KGI’s wireless service providers be responsible for any act or omission of KGI. Neither KGI nor its authorized resellers, nor its wireless service providers shall: (i) guarantee, the uninterrupted functioning of their services, products and (ii) be liable to the User for any damages, loss of profits, earnings or business opportunities, indirect or incidental, consequential or special damages, death and death resulting from indirect damages, personal injury death or other loss resulting from the Services, the failure to recover the Individual or otherwise.

The liability of KGI with regard to any acts or omissions relating to this Agreement, including without limitation, the delivery of the Services, shall never exceed the total amount of fees paid by the User for the Services.

Under no circumstances shall the User be entitled to any refund or credit due to any interruption in KGI’s ability to provide the Services, no matter the cause. Should KGI be unable to provide the Services due to no fault of the User, the User’s only recourse will be to request that the Term of this Agreement be extended, at no cost to the Customer, for a period of time equal to the period during which the Service was interrupted.

Indemnification

User agrees to defend, indemnify, and hold KGI harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, User’s violation of these Terms.

User agrees to defend, indemnify and hold KGI, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content User submits, posts, transmits, or otherwise makes available through the Services; (b) User’s use of the Service; (c) any violation by you of this Agreement; (d) any action taken by KGI as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred; or (e) your violation of any rights of another. This means that you cannot sue KGI, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or Content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of KGI’s conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the Service. You acknowledge that you are responsible for all use of the Service using your Account, and that this Agreement applies to any and all usage of your Account. You agree to comply with this Agreement and to defend, indemnify and hold harmless KGI from and against any and all claims and demands arising from usage of your Account, whether or not such usage is expressly authorized by you.

Waiver of Class Action Lawsuit and/or Jury Trial

Users and their successors, heirs, estates, representatives, insurers, agents and assigns, agree that: (a) they relinquish any right to file a class action law suit as against KGI and may only bring any claim/action or any kind as against KGI as an individual plaintiff; and (b) Users waive and/or relinquish their right to trial by jury in any action involving the parties to this agreement, to the fullest extent permitted under applicable law.

Third Party Links

The Services may contain links to content or services provided by third parties (“Third Party Links”). These Third Party Links are not under KGI’s control, and KGI is not responsible for their content, services, performance, operation, availability, business practices or policies. If Users access any of these Third Party Links, Users do this entirely at their own risk and any charges or obligations Users incur in their dealings with these third parties, are Users own responsibility. The websites available through the Third Party Links are subject to their own terms and policies, including privacy and data gathering practices.

Limited Warranty

KGI warrants that Location Devices will be free from defects in materials and workmanship for a period of one (1) year from the date of delivery to the original retail purchaser (“the Warranty Period”). If a defect in the Location Device arises within the Warranty Period, KGI will, at its sole option and subject to applicable laws: (a) repair or replace it with a new or refurbished product or component; or (b) refund the original purchase price upon return of the defective product. This Warranty does not apply to (a) any products Users purchase from unauthorized resellers; (b) where the instructions for use and activation of the product are not complied with; (c) where the product is used with a “jailbroken” or rooted mobile device; or (d) where the product is damaged as a result of abuse, accident, modification or other causes beyond KGI’s reasonable control.

ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS ARE LIMITED TO THE DURATION OF THE APPLICABLE EXPRESS WARRANTY. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, ARE DISCLAIMED. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to all Users. This warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.

KGI will not warranty, repair or replace any Services until the Troubleshooting Process above herein has been successfully completed between KGI and the User, including the active participation by User in the Troubleshooting Process.

General Clauses

(a) KGI hereby reserves its right to change any of the terms and conditions of these Terms without notice to the User.

(b) This Agreement shall be governed by the laws of Ontario, Canada. The parties hereby consent to the exclusive jurisdiction of and venue in the federal and/or provincial courts located in Ontario, Canada and no other.

(c) The headings in this Agreement are for convenience only, confirm no rights or obligations in either Party and do not alter any terms of this Agreement.

Privacy

Please review KGI’s Privacy Policy, which also governs User’s visit to this Website, and any interactions with KGI’s Services, to understand KGI’s privacy practices.

Communications

When User visit KGI’s Websites or fills out any online forms, you are communicating with KGI electronically. Users consent to receive communications (including legal notices) from KGI electronically. KGI will communicate with User by email, phone, text messages, mail or by posting notices on the Website. Users agree that all agreements, notices, disclosures and other communications that KGI provides to User electronically satisfy any legal requirement that such communications be in writing. KGI may also deliver communications to User electronically. In addition, KGI may deliver communications (including legal notices) to User at the street address User provided. Finally, KGI may deliver communications to User by any means set forth in any other KGI policy or notice published on the Website.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from these Terms & Conditions. If Users participate in any Promotions, please review the applicable rules as well as KGI’s Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Interpretation

If any of these Terms, or any part of any of these Terms, shall be deemed invalid, void, or for any reason unenforceable, that term, or that part of the term shall be deemed severable and shall not affect the validity and enforceability of any remaining Terms. These Terms are the entire agreement between Users and KGI relating to the subject matter herein. KGI may assign its rights and obligations under these Terms. These Terms will inure to the benefit of KGI’s successors, assigns, and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right under the Terms, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

Additional Terms Specific to Location Devices

“Authorized Dealer” or “AD” means those dealers who are from time to time identified by KGI as being authorized service centers, and shall include KGI itself

“Current Term” means either the period covering the Initial Term or the Renewal Term;

“Equipment” means the KYCS Locate Unit installed in the Vehicle, said unit or parts thereof may have been previously used or reconditioned;

“Term” means the period for which the Service was initially purchased by the Customer

“Theft Call” means any request or call made by the Customer to KGI concerning the location of the Vehicle

“Vehicle” means the Customer’s vehicle into which Equipment is installed and in relation to which the Service is purchased.

Equipment Installation and Maintenance

In order to ensure the proper functioning of the Equipment, the Customer shall co-operate with KGI and ADs with regard to all aspects of the installation, removal, repair and maintenance of the Equipment and ensure that same shall only be performed by an AD. Failure to abide by this condition shall void any warranty related hereto.

For security reasons, only KYCS or an AD may, to the exclusion of the Customer, handle or keep the Locate Device when such unit is not installed in the Vehicle.

All maintenance of the Equipment, including the replacement of the Locate battery, shall be at the expense of the Customer, the whole in accordance to KGI’s standard rates applicable from time to time. KGI reserves its right to modify the nature and intervals of the maintenance program related to the Equipment, and Customer hereby undertakes to diligently respect any such maintenance program.

The Customer acknowledges that if the Vehicle is recovered at any time by using the Location Device via Theft Call, that the Location Device’s battery must be replaced. Failure to replace the battery after a Theft Call will reduce the effectiveness of the Equipment and KGI’s ability to provide the Services.

Sales and Transfer of Vehicle

The Customer acknowledges that the sale or transfer of the Vehicle shall not operate an assignment of this Agreement and shall not release the Customer from its obligations hereunder. If the Customer intends to sell or otherwise transfer the Vehicle to a third party (the “Purchaser”) without first removing the KYCS Locate Unit, Customer must ensure that a then current Agreement duly completed by the Purchaser is submitted to KGI for acceptance. Until such time as the Purchaser’s Agreement is accepted by KGI, if and when same were to occur, the Customer shall continue to be bound by this Agreement and must respect and abide by all of its obligations hereunder, including all payments due to KGI, until the expiry or termination thereof in accordance to its terms and conditions. In no event will any fees which were pre-paid by the Customer be reimbursed to the Customer.

Theft Calls

KGI shall only provide the Theft Call service once the following steps have been completed: (i) the Location Device has been installed in the Vehicle by an AD; (ii) KGI has received the payment of any and all fees payable by the Customer.

Should the Customer fail to abide by any of the terms and conditions of this Agreement, including without limitation, the payment of any amount due to KGI or an AD, KGI reserves its right, at its sole discretion, to refuse to respond to a Theft Call.

Under no circumstances can the Customer interrupt the Term of the Location Device, nor will the Customer be credited for payments applicable to any period during which the Vehicle is stored or the Services are not required.

The Customer

The Customer understands and agrees that if the Location Device is relocated by the customer subsequent the initial installation of the Location Device (i) that a false tamper alarm will be triggered, and (ii) that a service charge of $250 may be charged to customer. Customer understands and agrees that Customer shall contact KGI to give notice of false alarms prior to relocating the Location Device.

The Customer understands and agrees that KGI reserves the right to unilaterally terminate this Agreement at its discretion without any refund of any kind if the Customer generates an unreasonable number of unfounded Service Calls or false alarms, the whole in the sole opinion of KGI.

In order to ensure proper delivery of the Service, the Customer agrees to immediately notify KGI in writing of: (i) an intended sale or transfer of the Vehicle; (ii) the destruction of the Vehicle and/or Equipment; and (iii) the removal of the Equipment from the Vehicle. Should the Customer fail to inform KGI as required herein, the Customer shall be responsible for and assume any and all costs and expense incurred by KGI as a result of said failure.

Contacting Us

If you have any questions about these Terms, please contact us at; 12 Proctor Road, Suite 200, Schomberg, Ontario, L0G 1T0, Canada, Toll free 1-866-800-4111, email: contactus@kycs.ca.