By logging into this web & mobile application portal, the user hereby agrees to the following terms and conditions under which this web/mobile application service is provided.
Waggle will host certain web and mobile software applications for Subscriber’s personal use of environmental parameter monitoring for Residential, fleet or asset tracking/monitoring and /or Industrial, Logistics, Cold chain Logistics, Telecom and Energy monitoring activities (“Service”).
The terms and conditions detailed below specifically pertain to Waggle’s web and mobile applications as listed below:
Waggle will provide remote access of these web and mobile applications to the Subscriber through secure username and password.
When you use a location-enabled GPS application such as the Waggle Web & Mobile applications, we collect and process information about the actual physical location of the asset to which the tracking device associated with this application is connected or attached to, using GPS and/or cellular signals received by the tracking device and sent over the internet to the application server hosting the Waggle application. Waggle devices may also use various other technologies to determine location, such as sensor data from the device that may, for example, provide information on accessories/devices connected to the tracking device or a nearby Wi-Fi access points and cell towers. The location data information of your asset, to which the tracking device is attached, is stored in our servers and is being used only for the sole purposes of providing the tracking application for your use and/or performance optimization of our applications. Such location and other sensor data from the device is protected against unauthorized use and will not be disclosed to third parties except as required by law enforcement authorities
Subject to the terms and conditions of this Agreement, Waggle shall use commercially reasonable efforts to provide services on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. Subscriber agrees that from time to time the services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunction; (ii) periodic maintenance procedures or repairs that Waggle may undertake from time to time; or (iii) causes beyond the control of Waggle or that are not reasonably foreseeable by Waggle, including without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. Subscriber further agrees that the availability of the Service or hosted application may be interrupted during periods of time during which Waggle has scheduled upgrades to the Services and or web server. Waggle will make every effort to inform in writing or by electronic mail to Subscriber of such interruption in service prior to such interruption. However, it is expressly clarified that Waggle shall not be responsible for any interruption in the Service due to the reasons mentioned herein above.
Waggle may modify the Terms of Service upon notice to Subscriber at any time. Subscriber will be provided notice of any such modification by electronic mail. The subscriber may terminate use of the Services if the terms are modified in a manner that substantially affects Subscriber’s rights in connection with the use of the Services. Subscriber’s continued use of the Service after notice of any change to the Terms will be deemed to be Subscriber’s agreement to the amended Terms of Service, and the Subscriber shall be required to pay for such continued Service.
The subscriber is responsible for maintaining the confidentiality of subscriber’s username, password, and other sensitive information. The subscriber is responsible for all activities that occur in Subscriber’s user account, and Subscriber agrees to inform Waggle immediately of any unauthorized use of Subscriber’s user account by email or by calling Waggle. Waggle is not responsible for any loss or damage to Subscriber’s or any third party incurred as a result of any unauthorized access and/or use of Subscriber’s user account, or otherwise.
Cookies are pieces of data that are often created when a user visits a website/mobile application, and which are stored in a cookie folder on the user’s computer/smart device. One or more cookies maybe created when accessing the Waggle website or mobile application. The cookie provides functionality by storing subscriber preferences while the user navigates around the site. This cookie is automatically deleted shortly after the user logs out of the site or the session is timed out. The cookie does not contain any personal information about the subscriber, and it cannot be used to identify an individual user. The user may choose to set the browser to not accept cookies but this may limit some features of the Waggle web or mobile application.
Waggle also automatically collects information including but not limited to IP address, about Subscriber’s visit to its site. This information is used to make subscriber’s visit to Waggle site more efficient, and to help remember browsing preferences on Waggle site so as to make regular improvements.
Any changes to Privacy and/or Data Retention Policy that affect how subscriber data is handled, will be communicated by Waggle by email to the subscriber and updated in the terms and conditions.
Waggle is committed to protecting Subscriber data collected through Waggle . Data collected through Waggle websites and mobile applications primarily includes tracking information of various assets and other parameters monitored (ex: vehicles or other equipment (if applicable) and the temperature or other parameters measured by the Waggle device that may be tracked) belonging to the Subscriber and to a small extent personal Subscriber account information such as name, phone numbers, address etc. Waggle will take diligent processes to safeguard this data. The steps include but are not limited to organizational (who has access to it) security procedures as well as electronic access control to this data. However Waggle will not be responsible for any unauthorized use of the data on account of unauthorized disclosure by the Subscriber.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Financial terms and conditions under which this web/mobile application portal service is provided is as per the terms of the web services agreement entered into between the Subscriber and Waggle or as provided during the time of the ordering of the service online.
Gaining unauthorized access to other computer systems.
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Subscriber retains any copyrights on any content created by the Subscriber, such as logos on banners or images. Subscriber warrants to Waggle that any Subscriber content is original and subscriber is the sole author or the Subscriber has the full power and/or license to make this arrangement and publish this content on the Internet. Subscriber indemnifies Waggle against any losses and other expenses, including reasonable attorney’s fees, after final judgment of any claim or action against any of all of these warranties.
All Waggle libraries, source code, distributable files, and other files remain Waggle’s exclusive property. Regardless of any modifications that Subscriber or Waggle makes, Subscriber may not distribute, amend, modify, decompile, reverse engineer or otherwise change any files (particularly Waggle’s source code and other non-executable files) except those that Waggle has expressly designated as distributable files.
Any additional features or capabilities, cosmetic changes to any User Interface, or additions to the codebase, database, or any files associated with any of Waggle’s applications remain the exclusive property of Waggle regardless of origin of the concept of the additional features or capabilities.
Subscriber shall not assign this Agreement or any right or interest under this Agreement, or delegate any obligation to be performed under this Agreement without Waggle’s prior written consent. Any attempted assignment in contravention of this Section shall be voidable at Waggle’s discretion.
Subscriber represents and warrants that it shall not use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. Subscriber agrees not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. Waggle reserves the right to terminate access to the Services if there are reasonable grounds to believe that Subscriber has used the Services for any illegal or unauthorized activity. Subscriber is further prohibited from violating or attempting to violate the security of the website/server, including, without limitation, (a) accessing data not intended for the Subscriber or logging onto a server or an account which the Subscriber is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the website/server, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Waggle may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. The Subscriber agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Services / website or any activity being conducted on this website. The Subscriber agrees, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) any part of the Service or the website.
Subscriber expressly understands and agrees that the use of the services is at Subscriber’s sole risk. The Services are provided on an as-is-and-as-available basis. Waggle expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Waggle makes no warranty that the services will be uninterrupted, timely, secure, or virus free. Use of any material downloaded or obtained through the use of the Services shall be at Subscriber’s own discretion and risk and Subscriber will be solely responsible for any damage to Subscriber’s computer system, mobile telephone, wireless device or data that results from the use of the services or the download of any such material. No advice or information, whether written or oral, obtained by Subscriber from Waggle, its employees or representatives shall create any warranty not expressly stated in the terms.
IN NO EVENT SHALL WE OR OUR PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SERVICES THROUGH THIS SITE. NONE OF OUR EMPLOYEES OR REPRESENTATIVES ARE AUTHORIZED TO MODIFY THIS LIMITATION. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE SERVICES AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
Subscriber agrees that the Services covered under the Waggle Solution and Pet Temperature Monitoring Device are limited to monitoring the temperature and reporting any such temperature deviation to the Subscribers. Since these deviation alerts are sent over a cellular network, there may be delays or failures in such alerts owing to various reasons including but not limited to the cellular network delays/failures in the region of the subscriber and or the monitoring/tracking device. In no event shall Waggle be liable for any death, harm or injury caused to Subscriber or his/her pets by reason of such deviation in temperature or by the failure of or delay in transmitting the deviation alert messages.
Subscriber agrees that the Services covered under the Waggle Solution and Pet Fitness Monitoring Device are limited to monitoring the pet activities, GPS location and reporting them to the Subscribers at the preset frequencies. Since these updates are sent over a Wi-Fi/Bluetooth/cellular network, there may be delays or failures in such updates owing to various reasons including but not limited to the Wi-Fi/Bluetooth/cellular network delays/failures in the region of the subscriber and or the monitoring/tracking device. In no event shall Waggle be liable for any death, harm or injury caused to Subscriber or his/her pets by reason of such deviation in fitness updates or by the failure of or delay in transmitting the updates.
To maintain quality discussions, all posts including video, pictures, and location reviews have to accept the following posting policy:
By participating or logging into the community, you are considered to be in agreement with the terms and conditions above. In case of any misconduct, you might face suspension of your usage and the deletion of all your posts.
Subscriber agrees to indemnify and hold harmless Waggle, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims arising out of a breach of these terms and conditions and the representations and warranties provided by the Subscriber or our of any claims arising out of the Subscriber’s use of the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the terms, or any other claim related to Subscriber’s use of the Services, except where such use is authorized by Waggle.
Waggle may suspend a Subscriber's user account or temporarily disable access to the whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Waggle may terminate a suspended or disabled user account after thirty days. Waggle will also terminate Subscriber’s user account on Subscriber’s request. In addition, Waggle reserves the right to terminate Subscriber’s user account and deny the Services upon reasonable belief that Subscriber has violated the Terms. Termination of user account will include denial of access to all Services, deletion of information in Subscriber’s user account such as Subscriber’s email address and password and deletion of all data associated with or in Subscriber’s user account.
These terms shall be construed in accord with the applicable laws of California. The Courts at San Diego County, California shall have exclusive jurisdiction in any proceedings arising out of these terms.
In the event of any dispute or difference either in interpretation or otherwise, of any terms of these terms, the same shall be referred to an independent arbitrator who will be appointed by us and his decision shall be final and binding on the Subscriber. The above arbitration shall be in accordance with the applicable laws of California as amended time to time. The arbitration shall be held in San Diego County, California.
If any part of these terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms shall continue in effect. Unless otherwise specified herein, these terms constitute the entire agreement between Waggle and the Subscriber with respect to Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written. Waggle’s failure to act with respect to a breach by the Subscriber or others does not waive its right to act with respect to subsequent or similar breaches.