Terms of Service
1. Introduction
1.1 These Terms of Service (“Terms”) are a legal agreement between you, as Customer, Administrator, and/or End User, and LaunchPoint Dev Inc., Inc. (“LaunchPoint”, “LaunchPoint Dev Inc.”, “LP”, “we”, “our”, or “us“) and govern your use of and access to LaunchPoint Dev Inc.’s services, including any software, mobile applications, tools, features, and other products and services that are made available through our website (“Site“) or otherwise made available by us (collectively, and together with the items set forth in the definition of “Services“).
1.2 By executing an Order Form or other contract that references these Terms, by purchasing the Services, by clicking to accept these Terms, or by otherwise entering into an Order Form or other contract with LaunchPoint Dev Inc., an LaunchPoint Dev Inc. reseller, or any other entity or individual for the purchase of Services or under which Services are made available to you, or by otherwise accessing and/or using the Services, whichever is the earlier, you accept and agree to be bound by these Terms and any other legal notices or guidelines posted on the Site or provided to you with respect to the Services.
1.3 For Customers If you are accepting these Terms on behalf of your employer or another entity or for use of the Services by your employer or another entity (“Customer“), you represent and warrant that (a) you have the legal authority to bind the applicable entity to these Terms, and are 18 years or older, and (b) that you agree, on behalf of the entity you represent, to these Terms. If you are using our Services for an organization, such as your employer, you are agreeing to these Terms on behalf of that organization. If you don’t have the authority to bind your employer or the entity you represent to these Terms, you should not click the checkbox or button, countersign these Terms, or purchase or use the Services in any manner.
1.4 For End Users If you are using the Services as an End User, you represent and warrant that you have the legal capacity to agree to these Terms, and are 18 years or older. Additionally, you agree and acknowledge that LaunchPoint Dev Inc., the Customer and any Administrator has the ability to access, disclose, restrict, and remove information in or from an End User account, and that the Administrator may be able to monitor, restrict, or terminate access to an End User account. The LaunchPoint Dev Inc.Services are intended only as a business to business offering. If you are an End User and accessing LaunchPoint Dev Inc. Services through a LaunchPoint Dev Inc. Customer, the LaunchPoint Dev Inc. Customer’s privacy policies and other legal agreements govern the use and sharing of your personal information throughout the LaunchPoint Dev Inc. Services. Please check with your employer on their privacy policies and data sharing policies to better understand your rights.
1.5 Agreement to Arbitrate FOR CUSTOMERS AND END USERS RESIDING IN THE UNITED STATES, PLEASE BE AWARE THAT THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER LOCATED IN SECTION 13 OF THESE TERMS, AS IT REQUIRES ARBITRATION TO RESOLVE DISPUTES, IN MOST CASES, ON AN INDIVIDUAL BASIS. BY ACCEPTING THESE TERMS, CUSTOMER OR END USER, AS APPLICABLE, AGREES TO BE BOUND BY THE AGREEMENT TO ARBITRATE AND THE CLASS ACTION WAIVER.
2. General Service Terms
2.1 Provision of Services
- Customer and End Users may access and use the Services solely in accordance with these Terms and the Documentation. You may only use our Services and Hardware in accordance with these Terms, which we may change from time to time.
- Customer agrees that it has not relied on the availability of any future functionality of the Services or any other future product or service in executing these Terms or any Order Form. Customer acknowledges that information provided by LaunchPoint Dev Inc. regarding future functionality should not be relied upon to make a purchase decision.
2.2 Modifications LaunchPoint Dev Inc. may, at its discretion, change or update the Services and/or these Terms from time to time. Further, the Services allow Customer and End Users to download Apps that can update automatically.
2.3 Customer Support If you need assistance with the Services, please contact LaunchPoint Dev Inc. by emailing LaunchPoint Dev Inc. at support@launchpoint.dev.
2.4 Telephone Communications
- By providing us your phone number, you are consenting to us, our affiliates, or our partners contacting you via autodialed or prerecorded calls/messages. We may contact you at any telephone number you have provided us, including phone numbers you have made publicly available through your account, for the following purposes:
- Account notifications and troubleshooting;
- Dispute resolution and debt collection; or
- As necessary to service your account or enforce our Terms of Service and policies, applicable law, or any other agreement we may have with you.
- We may also contact you using autodialed or prerecorded calls and messages for marketing purposes (e.g., offers and promotions) if you explicitly consent to such communications, even if your number is on any national or state Do Not Call registry; your consent to receive such calls/messages is not a condition of purchasing any of our Services or using our Site. We may collect other telephone numbers for you and may place manual, non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline.
- Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. If you do not wish to receive such communications, you can contact us at support@launchpoint.dev or at the contact information listed below.
2.5 Free Services LaunchPoint Dev Inc.reserves the right to terminate access to Services provided on a free or free trial basis in its sole discretion.
11. Miscellaneous
11.1 Integration All attachments to the Terms and any Order Forms executed by the parties are hereby incorporated into the Terms by reference. The Terms, including any such attachments and Order Forms, constitute the entire and exclusive understanding and agreement between LaunchPoint Dev Inc. and you regarding the Services, and supersede and replace any and all prior or contemporaneous oral or written agreements between LaunchPoint Dev Inc. and you regarding the Services, including any non-disclosure agreements. If there is a conflict between the documents that make up these Terms, the documents will control in the following order: Order Form, Additional Terms, Terms, and the Documentation.
11.2 Severability If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
11.3 Modifications LaunchPoint Dev Inc. may modify these Terms periodically. If an update will materially affect your use of the Services, LaunchPoint Dev Inc. will notify you prior to the update’s effective date (except for changes due to legal or regulatory reasons which may be effective immediately). Otherwise, updates will be effective as of the date posted on this website and it is your responsibility to monitor the Site for updates to these Terms. By continuing to use the Services or executing additional Order Forms after the changes become effective, you agree to be bound by the modified Terms.
11.4 Assignment You may not assign or transfer these Terms, by operation of law or otherwise, without LaunchPoint Dev Inc.’s prior written consent. Any attempt by you to assign or transfer these Terms, LaunchPoint Dev Inc. may assign these Terms in their entirety, without notice, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Subject to the foregoing, these Terms will bind and insure to the benefit of the parties, their successors and permitted assigns.
11.5 Governing Law and Venue The Terms and the relationship between you and LaunchPoint Dev Inc. shall be governed by the laws of the State of Idaho except for its conflict of laws principles. You and LaunchPoint Dev Inc. further agree that the exclusive venue for the resolution of any dispute relating to the subject matter of this agreement shall be in the state and federal courts located in Boise, Idaho.
11.6 Causes of Action Any cause of action related to the Services or the Terms initiated by you must commence within one (1) year after the cause of action arises. Otherwise, such cause of action is barred permanently.
11.7 Confidentiality These Terms, Order Forms, and the LaunchPoint Dev Inc. Technology will be the “Confidential Information” of LaunchPoint Dev Inc.. You will not (a) use the Confidential Information except as expressly permitted by these Terms and (b) disclose Confidential Information to third parties.
11.8 Notices Any notices provided by LaunchPoint Dev Inc. under these Terms, including those regarding modifications to these Terms, will be given by LaunchPoint Dev Inc. : (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Notices to LaunchPoint Dev Inc. must be sent to LaunchPoint Dev Inc. Insurance Solutions, Inc., Attn: Legal Department , 615 E Trinidad Drive Meridian, Idaho 83642.
11.9 Force Majeure LaunchPoint Dev Inc. will not be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, labor disputes, governmental action, utilities failures, third-party software or hardware, and Internet disturbance) that was beyond its reasonable control. If such event continues for more than twenty (20) days, LaunchPoint Dev Inc. may cancel unperformed Services upon written notice.
11.10 Relationship of the Parties The parties are independent contractors. These Terms do not create a partnership, joint venture, or agency relationship between the parties.
11.11 Waiver LaunchPoint Dev Inc.’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of LaunchPoint Dev Inc.. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
11.12 Construction Any ambiguity in the Terms will be interpreted equitably without regard to which party drafted the Terms. “Including” and “include” will be construed to mean “including without limitation.”
11.13 Export Compliance The Services may be subject to export restriction laws and regulations in the U.S. and any other applicable jurisdiction. and Customer and/or End User is responsible for compliance regarding Customer’s and its End Users’ use of the Services. Customer will not permit End Users to use the Services from a U.S. embargoed country.
11.14 Third-Party Beneficiaries There are no third-party beneficiaries under these Terms.
11.15 Counterparts The Terms and any Order Form may be executed in counterparts, which taken together will constitute one instrument, and may be executed and delivered electronically.
11.16 Contact Information If you have any questions about these Terms or the Services please contact LaunchPoint Dev Inc. at support@launchpoint.dev.
12. Definitions
12.1 “Acceptable Use Policy” means the acceptable use policy for the Services available at support@launchpoint.dev
12.2“Administrator” means a Customer-designated End User who administers the Services account and has access to permissions and other sensitive settings.
12.3 “API Key” means any API key for the Services that Customer can use or share with a third party for access, collection, and use of Customer Data.
12.4 “Apps” means downloadable software, including the mobile device software.
12.5“Beta Products” means products, services, or software features available to Customer on a trial, beta, early access, or similar basis.
12.6 “End Users” means users of Customer’s Services account. End Users may include Customer, Customer’s and its affiliate’s employees, agents, and contractors.
12.7 “Customer Information” means any data and information Customer or its End Users upload, transmits, or submits to the LaunchPoint Dev Inc. Software, including data and information from Non-LaunchPoint Dev Inc. Products.
12.8 “Customer Data” means Customer Information and Hardware Data.
12.9 “Documentation” means any LaunchPoint Dev Inc. provided written documentation and policies.
12.10 “Hardware” means the LaunchPoint Dev Inc. devices that are ordered by Customer under an Order Form or otherwise provided by LaunchPoint Dev Inc. and used by Customer under these Terms.
12.11 “Hardware Data” means the data and information regarding use of the Hardware, and/or collected from the Hardware, that LaunchPoint Dev Inc. makes available to Customer via the Services.
12.12 “LaunchPoint Dev Inc.Technology” means the Services, Documentation, LaunchPoint Dev Inc. Data, and LaunchPoint Dev Inc.’s trademarks, logos, and other brand features.
12.13 “Non-LaunchPoint Dev Inc. Product” means any Customer-provided or third-party services, products, websites, or applications, such as a service that interoperates with the Services, a website linked from the Services, and any application or service available through LaunchPoint Dev Inc..
12.14 “Order Form” means the (a) ordering document, (b) ordering webpage, or (c) order confirmation or other communication of ordering, in each case for the LaunchPoint Dev Inc. Services.
12.15 “Software” means the Site, software embedded in Hardware, and fleet management and other software, including the Apps, that are ordered by Customer under an Order Form or otherwise provided by LaunchPoint Dev Inc. and used by Customer under these Terms.
12.16 “Services Term” means the term of these Terms, which begins on the Effective Date and continues until the earlier of the expiration of Subscription Term or these Terms are otherwise terminated.