Terms And Conditions

Effective Date: November 21, 2024

1. Acceptance of Terms

1.1 Smart Starter Inc. operates the website https://smartstarter.ca (“Site”), the mobile application SmartStarter (“App”) and any related products and services (collectively, “Services”).

1.2 The Services provided to you are subject to the following Terms and Conditions (“Terms”). Smart Starter Inc. may modify or update the Terms from time to time. Smart Starter Inc. provides the Services to you upon acceptance of these Terms. By accessing or using the Services you acknowledge that the Terms constitute a legally binding agreement made between yourself, whether personally or on behalf of an entity ("you"), and Smart Starter Inc., concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by the Terms. If you do not agree with the Terms, in their entirety, then you are hereby prohibited from using the Services;

1.3 Smart Starter Inc. may update, amend, alter, or otherwise modify the Terms at any time, for any reason, and such modifications shall be effective immediately upon posting of the modified Terms on the Site. You agree to review the Terms periodically to be aware of such modifications and your continued access or use of the Services shall be deemed your conclusive acceptance of the modified Terms;

1.4 The Services are intended to be used by individuals who are at least 18 years of age. If you are not 18 years of age you are hereby prohibited from accessing or using the Services.

2. Description of Services

2.1 In consideration of Service use fees, the Service allows users to: (i) locate; (ii) control; and (iii) receive notifications about vehicles that have been fitted with particular service compatible devices. Unless explicitly stated otherwise, any new features that augments or enhances the Services, including the release of new Smart Starter Inc. services, shall be subject to the Terms. Web communications provide the link between the vehicle and the network and may be subject to delays caused by, but not limited to, message traffic volume, weather conditions, scheduled and non-scheduled maintenance and priority transmission, of which Smart Starter Inc. has no control and will not be held liable for. In order to use the Services, you or the third-party who sold you your Smart Starter Inc. enabled device must pay Service use fees (some products include the applicable fees in their sales price) in order for you to register for the Services. Services fees are maybe pre-paid for set terms (monthly, 1-year, 2-year, and 3-year terms) and your cancellation prior to the end of a term will NOT entitle you to a refund of any pre-paid fees. Services being renewed after the expired term may be subject to a re-activation fee. Smart Starter Inc. may update the firmware of your SmartStarter Module, to ensure proper operation and/or to support added features. The Services are not available everywhere and may be subject to signal limitations based on topography, buildings and atmospheric conditions. To the extent such limitations occur, Smart Starter Inc. will not be responsible for any resulting interruption in the Services or for any damages whatsoever. You must have access to the Internet and/or a smartphone to use, or access, all of the features of the Services. You are responsible for paying any Services fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web. Smart Starter Inc. Services provide vehicle location features, but are no substitute for a comprehensive vehicle insurance policy. THIS SERVICE IN NO WAY IS A REPLACEMENT FOR AUTOMOBILE INSURANCE.

3. User Representations

3.1 By using the Services you represent and warrant that: 1) any and all registration information you submit will be true, accurate, current and complete; 2) you will maintain and promptly update the registration information to keep it true, accurate, current and complete; 3) you will periodically inspect and maintain your vehicle/asset in good working condition; 4) you will periodically inspect and maintain any hardware used in conjunction with these Services, including but not limited to the Smart Starter starting module, in good working condition; 5) you have the legal capacity to comply with these Terms, 4) you are not a minor in the jurisdiction in which you reside; 6) you will not use the Services for any illegal or unauthorized purpose; and 7) your use of the Services will not violate any applicable law or regulation.

3.2 If you provide information that is untrue, inaccurate, not current or incomplete, or Smart Starter Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Smart Starter Inc. has the right to suspend your account and refuse any and all current or future use of the Services (or any portion thereof). This right may also be exercised in response to any breach or suspected breach of any of the user representations outlined in the Terms.

4. User Account, Password and Security

4.1 You may be required to register to use the Services. You will receive a password and account designation upon completing the aforementioned registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You understand that a person or entity with knowledge of your password and account may be able to track and/or control your vehicles/assets connected to the Services. You further agree that you are entirely liable for all activities conducted through your account, and are responsible for ensuring that you are aware of, understand, and comply with these Terms and all other rules, policies, or notices published by Smart Starter Inc..

4.2 You agree to 1) immediately notify Smart Starter Inc. of any unauthorized use of your password or account or any other breach of security, and 2) ensure that you exit from your account at the end of each session. Smart Starter Inc. cannot and will not be liable for any loss or damage of any nature arising from your failure to comply with the Terms.

4.3 Smart Starter Inc. reserves the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. User Conduct

5.1 You shall not access or use the Services for any purpose other than that for which Smart Starter Inc. has made the Services available. You agree not to reproduce, duplicate, copy, sell, resell or exploit for commercial purposes, any portion of the Services, use of the Services, or access to the Services, without the sole written consent of Smart Starter Inc..

5.2 You agree not to use the Services to:

Transmit any content, including but not limited to notification messages, that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
Transmit any content that contains macro, bot, virus, trojan horse, keystroke logger, worm, time bomb, cancelbot, corrupted data or other file, code or computer programming routing that is intended to or results in damage, and/or detrimentally interferes with the Services;
Transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
Intentionally or unintentionally violate any applicable laws or regulations through your use of the Services;
Harass, abuse, intimidate, threaten or harm any Smart Starter Inc. user, employee or agent;
Trick, defraud, or mislead Smart Starter Inc. and other users, especially in any attempt to learn sensitive account information such as user passwords;
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Services and/or the content contained therein;
Disparage, tarnish, or otherwise harm, in our opinion, Smart Starter Inc. and/or the Services;
Make improper use of our support services or submit false reports of abuse or misconduct;
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services;
Copy or adapt the Services' software, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services;
Use a buying agent or purchasing agent to make purchases on the Services;
Use the Services as part of any effort to compete with Smart Starter Inc. or otherwise use the Services and/or the content for any revenue-generating endeavor or commercial enterprise; and
Modify any hardware used in connection with the Services, including but not limited to the Smart Starter starting module, in any way, shape or form.

5.3 Smart Starter Inc. and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any notification messages available via the Services. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You agree to pay all royalties, fees, and any other monies owed to any person by reason of any content posted by you. You acknowledge that you may not rely on any content created by Smart Starter Inc. or submitted to the Services.

5.4 You acknowledge and agree that Smart Starter Inc. may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: 1) comply with legal process; 2) enforce the Terms; 3) respond to claims that any content violates the rights of third-parties; or 4) protect the rights, property, or personal safety of Smart Starter Inc., its users and the public.

5.5 You understand that the technical processing and transmission of the Service, including your notifications, commands and the location of your assets vehicles, may involve 1) transmissions over various networks; and 2) changes to conform and adapt to technical requirements of connecting networks or devices.

6. Privacy Policy

6.1 Personal information entered by you or collected during your use of the Services is subject to Smart Starter Inc.’s Privacy Policy. By using the Services, you agree to be bound by Smart Starter Inc.’s Privacy Policy. The Privacy Policy can be reviewed at www.smartstarter.ca/privacy-policy.

6.2 By using the Services you expressly consent to have your personal data transferred to and processed in the United States and/or Canada.

7. Purchases and Payment

7.1 You agree to provide current, complete, and accurate purchase and account information for any purchases made in connection with the Services. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order.

7.2 Smart Starter Inc. reserves the right to change prices of the Services at any time, to correct any errors or mistakes in pricing, even if payment has already been requested or received, and to refuse any order placed by a user. Smart Starter Inc. may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

8. Refund Policy

8.1 Smart Starter Inc. will issue refunds for products purchased directly from Smart Starter Inc. (via call-in, in-person, or online at www.smartstarter.ca). You must contact customer support at support@smartstarter.ca within 30 days of purchasing a product to be eligible to receive a refund. You acknowledge and agree that a restocking fee of 20% will be deducted from the total amount that will be refunded to you. Valid proof of purchase may be required to be eligible to receive a refund.

8.2 Smart Starter Inc. reserves the right to deny a refund for any product, at it’s sole discretion, that is not in good working condition, has exceptional wear and tear, or has been misused, abused, altered or otherwise damaged.

9. Cancellation

9.1 LTE subscriptions (“Subscription”) purchased for use in connection with the Services can be cancelled at anytime, and cancellation will take effect at the end of the current paid term. By purchasing a Subscription, you acknowledge and agree that you will not be credited for any prepaid amount if the Subscription is cancelled before the end of the prepaid term.

10. Termination

10.1 You agree that Smart Starter Inc. at its sole discretion, may terminate your password, account (or any part thereof) or use of the Services, and remove and discard any content within the Services, if Service use fees are not timely paid or if Smart Starter Inc. believes that you have violated or acted inconsistently with the letter or spirit of the Terms. You agree that any termination of your access to the Services under any provision of this Term may be affected without prior notice, and acknowledge and agree that Smart Starter Inc. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that Smart Starter Inc. shall not be liable to you or any third-party for any termination of your access to the Services according to the Terms.

11. Modifications and Interruptions to the Services

11.1 Smart Starter Inc. reserves the right to change, modify, temporarily suspend or discontinue the Services (or any part thereof), at any time, for any reason without notice. You acknowledge and agree that Smart Starter Inc. shall not be liable to you or to any third party for any change, modification, temporary suspension, or discontinuance of the Services.

11.2 Smart Starter Inc. does not guarantee that the Services will be available at all times. You acknowledge and agree that the Services may be interrupted or suspended due to technical issues or scheduled maintenance, and that Smart Starter Inc. shall not be liable for any loss, damage, or inconvenience caused by an interruption, suspension, or discontinuance of the Services.

12. Use of Software

12.1 Smart Starter Inc. may include software for use in connection with the Services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with the Services and in accordance with these Terms. Any software and any related documentation is provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Terms.

13. Mobile Application License

13.1 If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable license to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

14. User Review Policy

14.1 Smart Starter Inc. reserves the right to accept, reject or remove any user reviews at our sole discretion. User reviews are not endorsed by us, and do not represent our opinions or views. Smart Starter Inc. does not assume liability for any review or for any claims, liabilities, or losses resulting from any review.

14.2 By posting a review, you hereby grant to Smart Starter Inc. a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to the review for any purpose. A user review may include but is not limited to: a written review, a video review or an audio recording.

15. Third Party Links

15.1 The Services may provide links to third party sites. Smart Starter Inc. does not control third party sites. By using the Services you acknowledge and agree that Smart Starter Inc. is not responsible or liable for the content available on and/or linked to these third party sites, and Smart Starter Inc. is not responsible or liable for any damage or loss caused by the use or reliance on this third party content.

16. Intellectual Property Rights

16.1 The Site, App, publications, products or content referenced in relation to the Services are the exclusive trademarks service marks of Smart Starter Inc., including the "look" and "feel" of the Site, smartstarter.ca’s color combinations, layout, and all other graphical elements. Any use of Smart Starter Inc.’s trademarks is strictly prohibited without express written permission from Smart Starter Inc.. Other product and company names mentioned in the Site, or in relation to the Services, may be the trademarks of their respective owners.

16.2 Smart Starter Inc. respects the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately contact us at support@smartstarter.ca.

17. Disclaimer of Warranties

17.1 THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY 1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, 2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, 3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, 4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, 5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR 6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

18. Limitations of Liability

18.1 IN NO EVENT WILL SMART STARTER INC. OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF SMART STARTER INC. OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TOTHE AMOUNT PAID, IF ANY, BY YOU TO US . CERTAIN US STATE AND CANADIAN PROVINCIAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES AND PROVINCES, SMART STARTER INC.’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

19. Indemnification

19.1 You agree to defend, indemnify, and hold harmless Smart Starter Inc., including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:(1) your Contributions; (2) use of the Services; (3) breach of the Terms; (4) any breach of your representations and warranties set forth in the Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve 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, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

20. Governing Law and Forum

20.1 The Terms and your use of the Services are governed by and construed in accordance with the laws of the Province of Ontario applicable to agreements made and to be entirely performed within the Province of Ontario, Canada, without giving effect to any principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms and/or your use of the Services shall be filed exclusively in a provincial or federal court of competent jurisdiction sitting in the City of Brampton, Province of Ontario, Canada. You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

21. Miscellaneous

21.1 Smart Starter Inc.’s failure to insist upon or enforce strict performance of any provision of the Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of the Terms. Smart Starter Inc. may assign its rights and duties under the Terms to any party at any time.

22. Contact Us

22.1 For any further inquiries you can contact us at: support@smartstarter.ca