PowerTechCS Terms & Conditions
Please read these Terms & Conditions ("Terms") carefully as they govern your use of the Subscription Service. By accepting these Terms, either by clicking a box indicating your acceptance or otherwise using the Subscription Services, you agree to these Terms. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the term "End User" shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Subscription Services.
1. Definitions: 'End User' means the owner of a CS Platform Device. 'Service Provider' means Siren Marine. 'Communications Provider' means any provider of satellite or cellular communications capability to a CS Platform Device. 'Distributor' means any representative of Service Provider authorized by Service Provider to distribute, utilize or promote Subscription Services, including Mobile Power Generators, LLC ("PowerTech").. 'Service' means Service Provider's telecommunication infrastructure and systems which alerts the End User of an occurrence detected by the installed CS Platform Device and which provides the End User other information relating to the CS Platform Device and the generator on which it is installed. 'Network' means the public telecommunications system by which the Service is made available. 'Service Subscription means the user subscription purchased which entitles End User to access and use the Services. 'Contract Period' means the period during which the End User has agreed to subscribe to the Service. 'Service Charge' means the amount the End User pays for the Service during the Contract Period. 'Siren Marine System Server' means the servers and other hardware and infrastructure needed to provide the Service. 'CS Platform Device' means any and all CS Platform hardware that is sold by or distributed through Siren Marine or its Distributors and all accessory sensors and antennae that are paired or otherwise used with the CS Platform base unit. 'Siren Marine Web Portal' means the website located at http://www.sirenmarine.com/ that enables End Users to access information provided via the Service (including access through the Service Provider's mobile app) and from the Service Provider and other third parties. 'Early Termination Fee' is the fee (currently $50.00) that will be charged to the End User if the End User terminates a Service Subscription prior to the close of the relevant Contract Period. 'Action Plan' is a pre-determined plan of actions to be taken by the End User if an event occurs triggering a notice from the CS Platform Device via the Service.
2. Purchase of Service; Scope of Service: A Service Subscription must be purchased in order to access and use the Service. The Service Subscription has a minimum Contract Period during which the End User is obligated to pay the Service Charge. The Service Subscription may be purchased online at the time of purchase of the CS Platform Device.
By purchasing the Subscription Service online, the End User represents that they are at least 18 years old and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. The End User must: (a) provide true, accurate, current and complete information about themselves as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. The End User may receive or create a password and account designation upon completing the registration process. The End User is responsible for maintaining the confidentiality of the password and account designation, and is fully responsible for all activities that occur under the password or account.
The Service includes satellite and/or cellular communication between the CS Platform Device and the Siren Marine System Server, text (SMS) message communication between the Siren Marine Server and the End User's mobile phone, E-mail communication between the Siren Marine Server and the End User, as well as access to the Siren Marine Web Portal. The Service also includes access to Support during the Contract Period [, as further described at [https://sirenhelp.zendesk.com/hc/en-us], free software upgrades, as well as the right to use any software included in the Service.
The Service and any necessary software and hardware used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The Service and any related or underlying software and hardware shall remain the sole property of the Service Provider or PowerTech and by registering for the Service and paying the Service Charge the End User acquires a limited right to access and use the Service in accordance with these Terms and any other terms, conditions or policies referred to herein.
3. Service Availability: Satellite and cellular access to the Service are available both domestically within the USA and internationally. All satellite and/or cellular communication between a CS Platform Device and the Siren Marine System Server is included in the Service Charge, although extra roaming charges may apply to Service access outside the USA. The End User acknowledges that the availability of the Service may be affected by factors outside the Service Provider's control such as, but not limited to, physical obstructions, availability of Internet connections, routing of data over the Internet, atmospheric conditions and other causes of radio interference and by faults in other telecommunication networks and systems to which the Network is connected. The End User further acknowledges that the provision of the Service to End User relies on the proper functioning of telecommunications equipment not under Service Provider's control. Specifically, End User acknowledges that:
• The Siren Marine System Server and the satellite and other telecommunications systems operated by the Communications Providers are inherently capacity constrained;
• Access to the Service may be refused or limited, without liability to Service Provider, any Communications Provider or Distributor, due to capacity limitations, including capacity limitations due to any repair, testing, upgrade or modification work on the Siren Marine System Server or the satellite and other telecommunications systems operated by the Communications Providers;
• Emergency access on the satellite or other telecommunications systems operated by the Communications Providers by public safety organizations may preempt the End User's use of such systems; and
• The Service is subject to disruptions and/or deficiencies caused by atmospheric or terrain conditions or in-building conditions.
Accordingly, the End User agrees that Service Provider's obligations to provide the Service to End User is subject to each of the following:
• The proper functioning of the satellite and other telecommunications systems owned and/or operated by the Communications Providers;
• The proper functioning of any third-party gateway operator or carrier system relied upon to complete transmission or call (such as long-distance, roaming, exchange, or interconnection providers); and
• The availability of capacity on the satellite and other telecommunication systems operated by the Communications Providers.
In connection with any adverse effect on the quality and availability of the Siren Marine Service described above, neither the Service Provider, any Communications Provider, or Distributor shall incur any liability to the End User whatsoever. Notwithstanding such effects to the Services during the Contract Period, the End User shall remain liable for the payment of the Service Charge.
4. Roaming: Every nation has the right to specify limits on telecommunication roaming. It is the End User's responsibility to be cognizant of and compliant with any laws or requirements imposed by the location they roam into and to confirm that they are allowed to use the CS Platform Device in that location. Neither the Service Provider, any Communications Provider, or Distributor shall be liable for confiscation of equipment, lost revenue, fines, penalties, or any other consequences resulting from illegal or disallowed roaming usage.
5. Contract Period: The Service Subscription has a defined Contract Period, which commences on the date the first Billing Cycle, as defined below, starts. If the End User cancels the Service Subscription during the Contract Period, the End User will be responsible for the Service Charge through the date of cancellation plus the then current Early Termination Fee.
6. Use of the Built-in SIM Card: The CS Platform Device has a built-in SIM card, which belongs to the Service Provider and not the End User. The Service Provider or Distributor reserves the right to cancel the Service and permanently terminate the SIM card if:
• the End User fails to pay any Service Charge during the Contract Period;
• the End User elects to terminate the Service;
• the SIM card is abused in any way or is removed from the CS Platform Device.
A minimum service fee of US $100.00 will be charged for each SIM replacement. In the event the CS Platform Device and/or its internal SIM card are lost or stolen, the End User shall immediately notify the Service Provider. Until such notification has been received by the Service Provider the End User is liable for any and all charges incurred by the use of the CS Platform Device and/or the SIM card.
Service Provider will not deactivate any Iridium satellite communication services provided by Service Provider without giving the End User thirty (30) days prior written notice.
7. Service Charges: The End User is required to pay the Service Charge promptly during the Contract Period or for as long as the Service Subscription is in effect. The Service Charge is automatically billed to the End User's credit card on the monthly or yearly anniversary of the Service Subscription throughout the Contract Period (the "Billing Cycle"). The End User is required to maintain and enter valid credit card information through the Siren Marine Web Portal, a Distributor's web portal approved by the Service Provider, or such other method approved by the Service Provider, and the Service Charge will be billed and charged to such credit card each month or year thereafter until the Service Subscription is terminated. Upon the End User's failure to pay the Service Charge when due, the Service Provider reserves the right to limit or terminate the End User's use of the Service and/or to terminate the Service Subscription, and the End User shall remain liable to pay the Early Termination Fee. The End User may terminate the Subscription Service at the End of a Contract Period as described below. The Service Provider further reserves the right to adjust prices, terms and conditions as determined by the Service Provider in its sole discretion, including adjustments to the prices, terms and conditions required by a Communications Provider. The Service Provider may not change a Service Charge during the Initial Contract Period. The Service Provider shall provide to the End User a minimum of one (1) month's notice before any changes to any Service Fee go into effect. The Service Provider may change these Terms and Conditions, so End Users are encouraged to review these Terms periodically.
Service Provider must be notified of any billing problems or discrepancies within 90 days after they first appear on the End User's account statement. Failure to notify Service Provider within such time period constitutes a waiver of any right dispute such problems or discrepancies. All currency references are in US dollars. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. All payments are non-refundable. The End User, and not the Service Provider, is responsible for any such taxes, levies, or duties related to your transactions, excluding only our United States federal or state income taxes.
8. Early Termination Fee: The Service Subscription may be terminated before the expiration date of the Contract Period, upon payment to Service Provider of the Early Termination Fee.
9. Automatic Continuation of Service Contract: After the initial Contract Period has ended, the End User may continue to use the Service until the End User terminates the Service Agreement in the manner described below or until the End User ceases to pay the monthly or annual Service Charge. After the expiration of the initial Contract Period, the End User has the right to terminate the Service Agreement by giving notice, in writing, to the Service Provider, in the manner set forth below. The monthly Service Charge (or a pro rata portion of the annual Service Charge) will continue to be due from the End User for one (1) full month following date that the termination notice is given to the Service Provider.
10. Termination of Contract: After the Contract Period has expired, the Service Agreement may be terminated by the End User by giving notice, in writing, to the Service Provider, by US mail, email or fax as follows:
Siren Marine, LLC
221 Third Street #200
Newport, RI 02840
Attn: Sales Support
Fax: (855) 757-4736
Such termination of the Service will become effective one (1) month after the first day of the month immediately following the date that such written notice has been received by the Service Provider. A confirmation of termination will be sent by the Service Provider to the End User.
12. Disclaimer of Warranties: USE OF THE SERVICE IS AT THE END USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SERVICE PROVIDER AND DISTRIBUTORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICE PROVIDER MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET THE END USER'S REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) ANY ERRORS IN THE UNDERLYING SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE END USER FROM THE SERVICE PROVIDER, DISTRIBUTOR OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
13. Liabilities: Neither the Service Provider, any Communications Provider or Distributor is liable for any goods stolen or damages incurred as a result of the Service not being available. The End User recognizes that factors outside the Service Provider's, Communication Provider's and Distributor's control may affect the quality of the Service. Furthermore, it is the responsibility of the End User to act on notifications sent by the CS Platform Device and for maintaining an up-to-date Action Plan online so that alarms and warnings can be sent to the right person(s). It is also the End User's full responsibility to inform any person(s) entered in the Action Plan of the desired action, should an alarm or warning be received. The Service Provider or Distributor takes no responsibility for any data stored on the Siren Marine System Servers by the End User that may be offensive, incorrect or fraudulent. The End User hereby waives any right to make a claim against Service Provider, any Communications Provider or Distributor for losses, damages, liabilities, judgments, fines, amounts paid in settlement, expenses and costs of defense sustained by reason of any unavailability, delay, faultiness or failure of the Service or the CS Platform Device (including any satellite or cellular capabilities of the CS Platform Device or any antennae or other accessories provided by a Communications Provider or Distributor that are paired, or otherwise used with the CS Platform base unit that result from any claim, demand, suit, action or proceeding brought or initiated by a third party, including, without limitation, actions by any federal or state governmental authority.
IN NO EVENT SHALL THE SERVICE PROVIDER, ANY COMMUNICATIONS PROVIDER OR DISTRIBUTOR BE LIABLE TO THE END USER OR ANY THIRD PARTY FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO THE END USER'S USE OF (OR INABILITY TO USE) THE SERVICE OR THE CS PLATFORM DEVICE, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT THE SERVICE PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE SERVICE PROVIDER'S OR DISTRIBUTOR'S LIABILITY FOR DAMAGES RELATING TO THE END USER'S USE OF (OR INABILITY TO USE) THE SERVICE EXCEED THE AMOUNT PAID BY THE END USER FOR THE USE OF THE SERVICE DURING THE CONTRACT PERIOD IN WHICH THE DAMAGES ARE INCURRED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF MAY NOT APPLY TO YOU.
14. Additional Provisions Applicable to Globalstar: By accepting these Terms, an End User who elects to receive satellite communications capability provided by Globalstar, Inc. ("Globalstar") affirms that such End User has read and agrees to the following provisions: Equipment used on the Globalstar system is either Globalstar Registered or Globalstar Certified. Globalstar Certified Products have been tested to ensure that their performance meets Globalstar'scertification performance specifications. Certified Products, when used with a clear view of the sky and no local interference, will provide the message success rates advertised on the online Simplex Coverage map at www.globalstar.com. Globalstar Registered products are approved for operation on the Globalstar System but have no associated performance requirements. The effective coverage area for Globalstar Registered Products may differ from the coverage advertised for Globalstar Certified Products, and displayed on the online Simplex Coverage map at www.globalstar.com.
15. General: Unless otherwise specifically set forth in a written agreement executed by the Service Provider and the End User, these Terms, including the policies referenced herein, constitutes the entire agreement between the Service Provider and the End User regarding the use of the Service. The End User may be subject to additional terms and conditions that may apply in connection with the purchase of CS Platform Devices or other products or services. Service Provider or Distributor shall not be liable for delays or failures in performance of the Service resulting from causes beyond its reasonable control, including, but not limited to, acts of God, labor disputes or disturbances, material shortages or rationing, epidemics, riots, acts of war, governmental regulations, communication or utility failures, or casualties.