Terms of Service
Welcome to Kintrack LLC! By accessing or using our website (www.kintrack.net), mobile application (Kintrack), or any other services provided by Kintrack LLC, you agree to comply with and be bound by the following terms of service. Please read them carefully.
1. Acceptance of Terms
By accessing or using any part of our services, you agree to be bound by these terms of service. If you do not agree with any part of these terms, you must not use our services.
2. Service Description
Kintrack LLC provides GPS tracking devices and a mobile application for tracking purposes. Our app is available for free download on the Apple App Store and Google Play Store.
3. Device Installation
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Customer Responsibility: The installation of the tracker in vehicles is the sole responsibility of the customer. Kintrack LLC is not responsible for any issues or damages that occur during the installation process.
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Liability for Malfunctions: Kintrack LLC is responsible for any malfunctions due to defects in the tracker itself. However, we are not responsible for malfunctions resulting from improper installation by the customer.
4. Subscription and Payments
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Subscription Fees: Customers are required to pay their monthly subscription fees.
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Payment Due Date: Subscription fees must be paid on or before the due date. If a payment is not made by the due date, the recurring payment will be added to the next month's usage.
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Service Continuity: The app will continue to function regardless of payment status; however, unpaid fees will accumulate.
5. Trucking Dispatch Services
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Service Provision: Kintrack LLC provides trucking dispatching services. To use this service, customers must sign an agreement document that outlines the terms and conditions of the service, including the load booking process and payment terms.
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Agreement Signing: Customers must sign the agreement document to authorize Kintrack LLC to book loads on their behalf.
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Payment Terms: Customers are required to pay the agreed-upon percentage of the load's value as specified in the agreement. This fee is for the dispatching services provided by Kintrack LLC.
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Customer Responsibilities: Customers are responsible for ensuring their vehicles are compliant with all applicable laws and regulations when using the trucking dispatch service. Kintrack LLC is not responsible for any legal issues arising from non-compliance.
6. Privacy Policy
Our privacy policy, which can be found here, outlines how we collect, use, and disclose information. By using our services, you agree to the collection and use of information as described in our privacy policy.
7. Disclaimer of Warranties
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As-Is Basis: The services are provided on an "as is" and "as available" basis. Kintrack LLC makes no warranties, whether express or implied, regarding the services, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
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No Guarantee: We do not guarantee that the services will be uninterrupted, timely, secure, or error-free.
8. Limitation of Liability
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Indirect Damages: Kintrack LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the service; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein.
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Direct Damages: Our liability for any direct damages shall be limited to the amount paid by you for the services in the twelve (12) months prior to the event giving rise to the claim.
9. Governing Law
These terms of service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the state where Kintrack LLC is headquartered, without regard to its conflict of law provisions.
10. Changes to Terms
We reserve the right to update or modify these terms of service at any time without prior notice. Your continued use of the services following the posting of any changes constitutes acceptance of those changes.
11. Cancellation Policy
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Request for Cancellation: Customers must request the cancellation of their services. To cancel your subscription or any other service, please contact us at contact@kintrack.net.
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Effective Date of Cancellation: The cancellation will take effect at the end of the current billing cycle following the receipt of the cancellation request.
12. Contact Information
For any questions or concerns about these terms of service, please contact us at contact@kintrack.net.
By using our services, you acknowledge that you have read, understood, and agree to be bound by these terms of service.