Gentrifi Camera Cloud Service
Camera Connectivity
The DashCam will be shipped in a status that is SD Card Only. In order to add the Gentrifi Cloud Service you will need to Contact Gentrifi in order to sign the Month-to-Month agreement.
Terms and Conditions for the contract of Month-to-Month agreement are below.
Gentrifi Terms and Conditions
By accepting this Agreement (“Agreement”) you are agreeing to a binding legal agreement between “Customer,” “you,” or “your” and GENTRIFI LLC (“Gentrifi,” “we,” “our,” or “us”).
The terms of this Agreement govern your purchase and use of our products and services.
1. Term, Pricing and Quantity.
a. The “Initial Term” of this Agreement is (1) Month of Service beginning as of the date of such election. The Initial Term will be automatically extended by a period of 1 month (each, an “Extended Term”) unless terminated by either party through written notice to the other party. The Initial Term and any Extended Terms taken together are the “Term.”
2. Termination. The occurrence of any of the following is a material breach of the Agreement and will allow the non-breaching party to terminate for cause upon written notice after the expiration of the applicable period of cure, if any:
a. Your failure to pay all past-due sums which you are obligated to pay within 10 calendar days. of written notice via eMail to the contact below that the sums are past-due;
b. Contact information.Name: Gentrifi LLC
Phone: 972-439-1170
Email: sales@gentrifi.com
Website: www.gentrifi.com
Address: GENTRIFI, LLC
5100 Eldorado Parkway, Ste. 102-612
McKinney, TX, 75050c. Fraudulent use of a credit card for payment of an invoice;
d. Your use of the Products for an Unauthorized Purpose;
e. Any event which would constitute a material breach of any contract or agreement for lease or financing of the Equipment between you and us or with any third party; or
f. Any material breach under the Agreement by either party other than those listed above, which is not cured within 30 calendar days after the breaching party receives written notice of the breach.
3. Early Termination; Early Termination Fees. If the Service for any Device is terminated before the end of the Term for any reason other than a material breach by us, you will be charged an Early Termination Fee (“ETF”). The ETF for each Device is equal to the monthly Service Plan rate at the time of termination multiplied by the number of months remaining in the Term.4a. Tracking Device Warranty Period. We warrant that the Tracking Device is free from material defects in materials and workmanship for a period of 12 Months and is capable of providing the Gentrifi Tracking Service at www.gentrifi.com. The warranty is limited to replacement or repair of the defective or non-performing Tracking Device. We do not warrant and have no obligation to replace consumable items such as antennas, cables, or mounting hardware, or any Tracking Device not in Good Working Order due to:
a. Damage to the Tracking Device resulting from physical impact or other abuse following the Shipment Date; or
b. Alteration, modification, or repair other than by us or our authorized third party.
4. SW Camera Warranty. We warrant that the SW Camera Warranty is free from material defects in materials and workmanship for a period of 24 Months and is capable of providing the Gentrifi Tracking Service at www.gentrifi.com. The warranty is limited to replacement or repair of the defective or non-performing Tracking Device. We do not warrant and have no obligation to replace consumable items such as antennas, cables, or mounting hardware, or any Tracking Device not in Good Working Order due to:
a. Damage to the Tracking Device resulting from physical impact or other abuse following the Shipment Date; or
b. Alteration, modification, or repair other than by us or our authorized third party.
5. Service Level. We will make the Services available to you in North America where the wireless network is providing coverage compatible with commercial use of the Services with the Tracking Devices (“Covered Areas”) free from interruption or break for at least 98% of all hours per month, except for planned maintenance actions, which may occur between 10 p.m. and 3 a.m. Central Time (the “Services Warranty”). The Services Warranty consists of the ability of our servers (“Servers”) to receive Events sent to or from a Tracking Device and transmit those Events from the Servers to their destination.
5.1 Service Level Exclusions. The Services Level is based on normal usage of Tracking Devices in Covered Areas, and does not include interruption of Services as a result of Internet Unavailability, Wireless Network Interruption Factors, Independent Customer Activity, or force majeure events described below. Be aware that certain features or functionality for cellular-based Services may not perform in accordance with product specifications where coverage is provided by the wireless network provider’s roaming partner carriers.
a. “Internet Unavailability” means your inability to access, or our inability to provide, the Services through the Internet due to causes outside of our direct control, including, but not limited to: (a) failure or unavailability of Internet access; (b) unauthorized use, theft or operator errors relating to your telephone, cable, or Internet service provider; (c) bugs, errors, configuration problems or incompatibility of equipment or services relating to your computer or network; or (d) failure of communications networks or data transmission facilities.
b. “Wireless Network Interruption Factors” means any wireless network outages or constraints that may occur due to the availability of the wireless network being temporarily refused, interrupted, curtailed or otherwise limited by factors including but not limited to atmospheric, environmental or topographical conditions, physical features such as buildings, tunnels or landmass features, satellite or transponder failure, coverage limitations, outages, gaps or other service interruptions attributable to the wireless network carrier or its network, including the wireless network carrier’s scheduled maintenance, capacity constraints, hostile network attacks by a third party that are directly attributable to the network’s vulnerabilities or wireless network provider facilities changes, modifications, updates, relocations, repairs, maintenance or other similar activities necessary for the proper or improved operation of the wireless network.
c. “Independent Customer Activity ” means: (a) your use of equipment not provided or previously approved by us; or (b) negligent acts or omissions or willful misconduct by you, your employees, consultants, or third party agents acting on your behalf.
5.2 Device Wireless Service Network and Application Use. Devices sold by Gentrifi GPS may only be used with the Gentrifi GPS application service and network access arranged by Gentrifi GPS.
6. No Other Warranties. Except for the warranties specifically set forth in this section, all Products and Services provided under the Agreement are provided “as is” and we make no other warranties, whether express, implied, or statutory, including, but not limited to, non-infringement, implied warranty of merchantability or fitness for a particular purpose, or any implied warranty arising out of a course of dealing, usage of trade, or trade practice.
LIMITATION OF LIABILITY
GENTRIFI, LLC’s liability arising out of or related to this agreement will not exceed the total amount already paid by the customer AND RECEIVED BY GENTRIFI, LLC for the previous Two (2) months of Tracking Services.
GENTRIFI, LLC SHALL NOT BE LIABLE FOR 1) ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, WHETHER FORESEEN OR FORESEEABLE, ECONOMIC OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO and CAUSED BY) WIRELESS CARRIER SERVICES, INTERNET ACCESS AND SERVICES, POTENTIAL DEFECTS IN GENTRIFI, LLC’s PLATFORM OR TRACKING AND DASHBOARD APPLICATION, or ANY OTHER CAUSES DESPITE GENTRIFI, LLC’s BEST EFFORTS; 2) THEFT OF LOSS OF ANY ASSET OR VEHICLE THAT IS EQUIPPED WITH ANY OF OUR TRACKING DEVICES OR ANY SHIPMENT, CARGO, OR OTHER ASSET ATTACHED OR CARRIED BY OR IN ANY ASSET OR VEHICLE.
THE GENTRIFI, LLC APPLICATION (WWW.GENTRIFI.COM) IS USED ON ‘AS IS’ BASIS GENTRIFI IS ALSO NOT RESPONSIBLE FOR ANY CUSTOMER DESKTOP SOFTWARE OR INTERNET CONNECTION ISSUES OR PROBLEMS.
Liabilities limited by the preceding sentence include, without limitations, or liability for negligence.
IT IS ALSO NOTED THAT GENTRIFI, LLC DOES NOT OWN THE WIRELESS CELLULAR INFRASTRUCTURE AND RADIO TOWERS AND THEREFORE DOES NOT HAVE ANY CONTROL OR AUTHORITY OVER ITS OPERATION OR USE.
GENTRIFI, LLC IS NOT RESPONSIBLE FOR INSTALLATION OF THE DEVICE.
a. Incorrect installation of the device can cause incorrect position reports or other data reports from the device to be inaccurate.
b. Any harm caused to a vehicle from the installation of the device is not covered under any warranty nor is any damage done to the vehicle while the device is installed.
GENTRIFI, LLC will be not be considered in breach or in default because of, and will not be liable to the other party for, any delay or failure to perform its obligations under this agreement by reason of fire, earthquake, flood, explosion, strike, riot, war, terrorism, or similar event beyond that party’s reasonable control (each a “Force Majeure Event”). However, if a Force Majeure Event occurs, the affected party shall, as soon as practicable:
Notify the other party of the Force Majeure Event and its impact on performance under this agreement; and
Use reasonable efforts to resolve any issues resulting from the Force Majeure Event and perform its obligations under this agreement.
GOVERNING LAW
a. Choice of Law. The laws of the state of Texas govern this agreement (without giving effect to its conflicts of law principles).
b. Choice of Forum. Both parties consent to the personal jurisdiction of the state and federal courts in Collin County, Texas.