Brytemap Services Terms and Conditions
Important Information: Please read this Statement carefully as we have recently updated it.
Last Updated: March 10, 2022
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. ALL PURCHASES ARE SUBJECT TO THE FOLLOWING POLICIES, TERMS, AND CONDITIONS. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME, AT OUR SOLE DISCRETION. CHANGES AND AMENDMENTS TO THESE TERMS AND CONDITIONS WILL BE POSTED HERE TO THIS BRYTEMAP INC. (BRYTEMAP) WEBSITE (https://www.brytemap.com/servicetermsandconditions/).
1. Return Policy
(a) All products purchased under this Agreement can ONLY be returned through a BRYTEMAP issued authorized RMA.
(b) Unless the product is defective upon arrival, returns must be requested within 30 days of the purchase date. To request an RMA please contact email@example.com.
(c) All hardware and software purchased directly from Brytemap must be returned in the same condition as received in its original box and/or packaging. The return must have its original packaging intact, including the charging system and printed materials.
(d) All returns will undergo inspection. Pending inspection approval, exchange or refund will be issued for the full purchase price minus activation or any applicable restocking fees.
2. Subscription Policy
(a) Service Fees for data or portal use will be billed on the first of each month following the initial activation date.
(b) The Service Fee is based on the CUSTOMER’S (you) executed agreement with BRYTEMAP.
(c) You may cancel your Service Fees in accordance with CUSTOMER’s executed agreement by emailing firstname.lastname@example.org.
(d) Upon cancellation of your Service Fees for any reason and as long as your account is current with BRYTEMAP, you may request a one-time data dump of the following information from the BRYTEMAP’s software systems:
i. Customer Information
ii. Inventory Information
iii. Product Information
iv. Package Information
3. LIMITED WARRANTY
BRYTEMAP, Inc. (seller) warrants to the original purchaser (you) of the hardware with which this Limited Warranty is included (Hardware) that the Hardware will be free from defects in workmanship and materials under normal use (Defects) for a period of ninety (90) days from the date that the Hardware was first purchased by you (warranty period). During the Warranty Period, the Hardware will be repaired or replaced at the seller’s choice (Limited Warranty) without charge to you for either parts or labor. This Limited Warranty covers the replacement of Hardware only. Any Hardware or Software support or repairs after the Brytemap Limited Warranty has expired, the original purchaser (you) must contact the Hardware or Software manufacturer directly for any troubleshooting, repairs, or replacements.
The Limited Warranty does not apply to normal wear and tear, does not apply when the Hardware is opened or repaired by someone not authorized by the seller and does not cover repair or replacement of any Hardware or part thereof damaged by: misuse, moisture, liquids, proximity or to heat and accident, abuse, non-compliance with the instructions supplied with the Hardware, neglect or misapplication. The Limited Warranty does not cover physical damage to the surface of the Hardware. This Limited Warranty does not cover any software that may accompany or be installed on the Hardware. Batteries are not covered by this Limited Warranty.
4. GENERAL TERMS AND CONDITIONS
(a) Term. This Agreement commences on the Effective Purchase or Execution of Agreement
(b) Payments. Payment in full for each invoice shall be due at the location set forth in the invoice, in a form payable in U.S. currency, upon the due date set forth in the invoice.
5. Protection of Marks.
Neither party will engage in any activity that may be harmful to the other party’s goodwill or may reflect unfavorably on its marks. This prohibition includes, without limitation, the commission of any unfair trade practice, the publication of any false, misleading, or deceptive advertising, or the commission of any fraud or misrepresentation. The customer will not gain any rights to the Marks by virtue of this Agreement and will not use any Marks without prior written consent.
Parties hereby agree to defend, indemnify and hold harmless each other and each other’s Affiliates, and their former, current, and future officers, directors, employees, agents, successors and assigns, from and against any claims, costs, and expenses, including punitive damages, court costs, and reasonable attorneys’ and expert witness’ fees before and at trial and on appeal (collectively, “Claims”), arising from a breach of this Agreement by or any conduct in connection with this Agreement by the indemnifying party (including such party’s Affiliates, and their officers, directors, employees, agents, and contractors). Customer further agrees to defend, indemnify, and hold harmless BRYTEMAP and their former, current, and future officers, directors, employees, agents, successors, investors, and assigns, from and against any Claims of End Users or Claims in connection with the acts or omissions of End Users.
7. Billing and Payment.
(a) Service Fees. BRYTEMAP will invoice the Customer for the Service Fees on the first of each month unless otherwise stated in the agreement.
(b) Hardware, Software, and other equipment ordered from BRYTEMAP will be invoiced on or before the shipment date.
8. Interest and Late Fee.
If any undisputed amount is not paid by the Due Date, interest may be charged accruing back to the date of invoice for such undisputed amount at the rate of 1.5% per month (18% per annum), or a Late Fee of $35.00 per month may also be assessed. If, after 10 days from the due date, BRYTEMAP does not receive its payment, Customer’s Service may be interrupted or canceled. Customers may have to pay a fee to reactivate Service if it is interrupted for non-payment or suspended for any reason.
9. Account Responsibility.
Customer is responsible for all charges applicable to its account, including but not limited to all usage-based charges, irrespective of whether such arise as a result of fraud, non-payment on the part of any of Customer’s Affiliates, or other permitted users, pursuant to this Agreement, or for any other reason except as expressly provided herein.
The customer is responsible for the security of its authorization codes, API Keys, passwords, and similar means of access to its equipment, software, and telecommunications systems.
Customer shall be liable to BRYTEMAP for all costs and/or expenses incurred directly or indirectly, including legal fees, in the collection or attempted collection of any unpaid charges. In addition, BRYTEMAP will charge Customers for bank charges associated with wires or NSF checks.
11. Customer (you) Acknowledgement. Customer acknowledges and agrees that:
(a) BRYTEMAP is not obligated to support hardware, software, or services not supplied by BRYTEMAP and may withhold Services from Subscribers or Customers who, in the opinion of BRYTEMAP, would compromise the business operations or goodwill of BRYTEMAP.
(b) BRYTEMAP may interrupt the Services at any time and for any period of time, without any liability on its part, when Customer fails to comply with any of its obligations under this Agreement, or where necessary to prevent the improper or unlawful use of the Service. Customer shall be responsible for all costs BRYTEMAP incurs in relation to testing or restoration deemed necessary by BRYTEMAP, at BRYTEMAP’s sole discretion, unless reasonably determined to be the fault of BRYTEMAP.
(c) Customer, and through its Subscribers, is acquiring Services from BRYTEMAP for the purposes of supplying these Services as a part of a complete tracking, monitoring, and wireless application system, and not for the purposes of relicensing, resale or redistribution without integration with other products and/or services.
(d) Some Services may require that the Customer provide BRYTEMAP with information about itself (for example, its name, address, telephone number, e-mail address, and credit card number). If Customer chooses to use such Services, then Customer agrees that all such information it provides will be accurate and that it will keep all such information up to date. The customer agrees to notify BRYTEMAP if there is a change in any of the information it provides.
(e) Customer agrees not to disclose its password to others, and to notify BRYTEMAP immediately if it believes its confidentiality has been compromised. The customer agrees to log off its account at the end of each session so that no one else can gain access to the Services through its account. BRYTEMAP reserves the right to log off accounts that are inactive for an extended period of time. The customer is responsible for all use made of its account.
12. INDEMNIFICATION; HOLD HARMLESS
You agree to indemnify, defend, and hold BRYTEMAP, its affiliated companies, investors, and its suppliers and partners (including, without limitation, BRYTEMAP’s support and development partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, arising out of or related to:
(a) your use or misuse of any information or the BRYTEMAP mobile devices or software generally,
(b) any violation of the rights of any other person or entity by you,
(c) any breach or violation by you of this Agreement, or
(d) your use of the BRYTEMAP mobile devices or software to meet another User in-person or to locate and attend any offline place or event. BRYTEMAP reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with and provide any necessary information for our defense of these claims.
(e) any violation of the HIPAA, PCI, or other United States State and Federal privacy laws by you.