Terms of Service

1.1Defined Terms

For purposes of these Terms:

“skEYEwatch”

means skEYEwatch Inc, a Florida corporation located at 15506 County Line Rd, Spring Hill, FL 34610.

“Customer Data”

means all information, records, content, video, audio, GPS data, telematics data, communications, documents, photographs, messages, and other materials uploaded, transmitted, collected, or generated by Customer or its Users through the Services.

“Hardware”

means cameras, telematics devices, tablets, communications equipment, and related components provided or supported by skEYEwatch.

“User”

means any individual authorized by Customer to access or use the Services.

“Third-Party Services”

means cloud hosting, cellular carriers, mapping services, payment processors, authentication providers, and other external technologies used to support the Services.

“Agreement”

includes these Terms, all order forms, statements of work, service descriptions, and any other written agreements executed between Customer and skEYEwatch.

2.1Account Requirements

Access to the Services requires an authorized user account associated with Customer. Customer is responsible for ensuring that only authorized personnel receive access credentials and that all account information remains accurate and up to date.

2.2Age & Authorization

The Services are intended for commercial use only. Users must be at least 18 years old or legally authorized by Customer.

2.3Identity Verification

skEYEwatch does not independently verify each User’s identity. Customer is solely responsible for verifying the identity and authorization of its Users.

2.4Prohibited Users

skEYEwatch may deny or revoke access to any individual who attempts unauthorized access, violates laws, creates security risks, misuses video/audio/location data, interferes with system operations, or attempts to reverse engineer or exploit the Services.

3.1Authorized Use

Users may access the Services solely for Customer’s internal business operations. Users may view, download, print, and share permitted outputs (e.g., reports, tickets, video evidence) for legitimate business, safety, training, compliance, legal, or insurance purposes.

3.2Prohibited Conduct

Users are strictly prohibited from:

• Accessing systems, accounts, vehicles, devices, or data without authorization
• Introducing malware or harmful code
• Bypassing or attempting to circumvent security controls
• Sharing credentials or impersonating others
• Reverse engineering, copying, reselling, or sublicensing proprietary technology
• Scraping, bulk-downloading, or excessively querying the Services
• Using Services in violation of privacy, surveillance, employment, transportation, communications, or export-control laws
• Operating devices unsafely while driving or using machinery
• Using communications features to transmit threats, harassment, discriminatory content, obscenity, false emergency reports, or disruptive communications

3.3Customer Oversight

Customer is responsible for supervising its Users, ensuring compliance with workplace policies, and addressing personnel matters related to video, audio, GPS, driver-monitoring, and communication data.

4.1Customer Ownership

Customer retains ownership of all Customer Data.

4.2License to skEYEwatch

Customer grants skEYEwatch a limited, nonexclusive license to host, store, process, transmit, display, back up, and use Customer Data solely to provide, support, secure, and improve the Services.

4.3Customer Responsibilities

Customer is responsible for ensuring it has all necessary rights, permissions, notices, and consents for Customer Data.

4.4Responsibility for Data Accuracy

Customer is solely responsible for the accuracy, completeness, and legality of all Customer Data it enters or uploads. skEYEwatch is not responsible for operational decisions based on inaccurate or incomplete Customer Data.

5.1Ownership

skEYEwatch owns all proprietary software, source code, system architecture, user interfaces, databases, APIs, algorithms, documentation, training materials, reports, websites, marketing materials, product names, logos, trademarks, and proprietary hardware designs.

5.2Restrictions

Users may not copy, modify, reverse engineer, distribute, publish, or commercially exploit skEYEwatch’s proprietary content except as expressly authorized in writing.

5.3Third-Party Content

Third-Party Services remain the property of their respective owners.

6.1Service Description

skEYEwatch provides subscription-based software platforms, mobile apps, cloud-hosted services, cameras, telematics devices, communications hardware, cellular connectivity, support, training, and implementation services.

6.2Service Level Disclaimer

Customer acknowledges that the Services may be affected by:

• Cellular or internet connectivity
• GPS availability
• Hardware configuration
• Third-party systems
• Customer-provided data
• Installation quality
• Environmental conditions

skEYEwatch does not guarantee:

• uninterrupted service
• precise GPS accuracy
• complete or continuous video/audio capture
• message delivery
• integration reliability
• emergency communication capability
• accident prevention or safety outcomes

6.3Changes to Services

skEYEwatch may modify, update, enhance, discontinue, or replace any feature, functionality, or component of the Services at any time.

6.4Operational Responsibility

Customer remains solely responsible for operational decisions, employee supervision, vehicle safety, legal compliance, and maintaining backup procedures.

6.5Responsibility for Configuration

Customer is solely responsible for configuring alerts, notifications, thresholds, and settings. skEYEwatch is not responsible for misconfigured settings or missed alerts.

6.6Responsibility for Transportation & Railroad Compliance

Customer is solely responsible for compliance with DOT, FMCSA, FRA, OSHA, and all transportation, fleet-operation, and railroad-operation laws. The Services do not ensure compliance with any regulatory scheme.

6.7Safety Risk Acknowledgment

Customer acknowledges that devices may distract drivers or operators. Customer must train personnel on safe use and prohibit device interaction while driving. skEYEwatch is not responsible for accidents, injuries, or fatalities.

6.8No Duty to Monitor

skEYEwatch has no obligation to monitor Customer Data, video, audio, GPS, telematics, communications, safety events, driver behavior, or operational activity. Customer is solely responsible for supervising its personnel.

7.1Hardware Warranty

Hardware is provided with a limited warranty against defects in materials and workmanship for the period specified in the applicable order. The warranty does not apply to damage caused by improper installation, misuse, accidents, environmental conditions, unauthorized modifications, or failure to maintain equipment.

7.2Risk of Loss

Risk of loss transfers to Customer upon shipment.

7.3Hardware Support

Hardware support may require Customer to provide access, diagnostic information, or return equipment for evaluation.

8.1Fees & Billing

Fees may include subscription charges, equipment purchases or leases, cellular data fees, installation, training, hosting, integrations, and professional services.

8.2Payment Frequency

Payment frequency depends on Customer’s plan.

8.3Refunds

Equipment may be refunded within 30 days if unopened and uninstalled. Subscription and recurring fees are nonrefundable.

8.4Nonpayment

• 30 days past due — account suspension
• 60 days past due — cellular data deactivation; $150 reactivation fee per vehicle
• 90 days past due — referral to collections or legal counsel

9.1Data Collected

skEYEwatch may collect user account information, operational information, telematics data, video, audio, communications, technical information, and billing information.

9.2Purpose of Collection

Data is collected to operate, maintain, secure, support, and improve the Services; authenticate users; manage permissions; track vehicles; deliver video/audio; generate reports; troubleshoot issues; process payments; and comply with legal obligations.

9.3Data Retention

Customer is responsible for exporting data prior to termination. skEYEwatch may delete or anonymize data after the retention period. Backups may persist temporarily.

9.4Data Sharing

Data may be shared with authorized third-party providers, payment processors, cellular carriers, mapping services, advisers, and vendors as necessary.

9.5No Sale of Personal Information

skEYEwatch does not sell Customer or User personal information.

9.6Compliance with Privacy Laws

Compliance obligations may include GDPR, CCPA, COPPA, HIPAA, and other laws depending on Customer’s location and use.

9.7Compliance With Surveillance, Monitoring, and Recording Laws (Clause A)

Customer acknowledges and agrees:

• Customer is solely responsible for compliance with all surveillance, monitoring, wiretap, audio-recording, biometrics, workplace privacy, and notice laws;
• Customer must provide all required notices to employees, contractors, drivers, operators, and any other monitored individuals;
• Customer must obtain all required consents;
• Customer must configure the Services in compliance with applicable laws;
• skEYEwatch has no responsibility for Customer’s monitoring practices.

10.1Customer Responsibilities

Customer is responsible for managing credentials, ensuring authorized access, reporting incidents, maintaining accurate contact information, and complying with surveillance and monitoring laws.

10.2Incident Reporting

Security incidents must be reported promptly.

10.3No Duty to Monitor

skEYEwatch has no obligation to monitor Customer Data, video, audio, GPS, telematics, communications, safety events, driver behavior, or operational activity. Customer is solely responsible for supervising its personnel.

11.1Customer Indemnification

Customer shall indemnify, defend, and hold harmless skEYEwatch from all claims arising out of or relating to:

• misuse of video/audio/GPS/telematics data;
• employment or workplace claims involving monitoring;
• violations of privacy, wiretap, biometrics, or surveillance laws;
• unsafe operation of devices;
• Customer Data;
• Customer’s failure to obtain necessary consents;
• regulatory violations, including DOT, FMCSA, FRA, OSHA;
• claims involving Customer’s drivers, contractors, or employees;
• Customer’s operations, vehicles, or equipment;
• labor, union, or employment compliance failures.

11.2skEYEwatch Indemnification

skEYEwatch shall indemnify Customer only for third-party claims alleging that the Services infringe a U.S. copyright, trademark, or patent.

12.1Warranty Disclaimer

The Services are provided “AS IS” and “AS AVAILABLE.”

12.2High-Risk Activities Disclaimer

The Services are not designed for life-support, emergency response, accident prevention, or safety-critical decision-making. Customer assumes all risk for high-risk operations.

12.3Third-Party Services Disclaimer

skEYEwatch is not responsible for failures, inaccuracies, outages, or delays caused by Third-Party Services.

12.4Legal Review Responsibility

Customer is solely responsible for determining whether the Services are appropriate for its intended use and for obtaining legal review of its monitoring, recording, and operational practices. skEYEwatch does not provide legal advice.

12.5Insurance Responsibility

Customer must maintain adequate insurance for fleet operations, accidents, injuries, and property damage. The Services do not replace insurance requirements.

12.6Limitation of Liability

To the fullest extent permitted by law:

• No indirect, incidental, special, exemplary, punitive, or consequential damages;
• No liability for lost profits, lost revenue, business interruption, data loss, missed deliveries, reputational harm, or substitute services;
• Aggregate liability limited to fees paid by Customer during the 12-month period preceding the claim.

12.7Limitation of Actions

Any claim must be brought within one year of the event.

13.1Suspension Rights

skEYEwatch may suspend or terminate any User or Customer account immediately and without prior notice for nonpayment, misuse, violations, security risks, unlawful activity, or excessive risk.

13.2Notice

Where reasonably practicable, skEYEwatch will provide notice and an opportunity to cure before suspension or termination.

13.3Effect of Termination

Upon termination:

• Customer’s access to the Services and Customer Data may be disabled;
• Customer must pay all outstanding amounts immediately;
• Customer may request export of available Customer Data within the applicable retrieval period;
• After the retrieval period, skEYEwatch may delete or anonymize Customer Data per retention practices.

13.4No Duty to Retain Evidence

skEYEwatch has no obligation to preserve video, audio, GPS, telematics, communications, or other Customer Data for litigation, insurance claims, investigations, or regulatory inquiries.

14.1Governing Law

These Terms are governed exclusively by the laws of the State of Florida.

14.2Mandatory Arbitration

ALL disputes arising out of or relating to these Terms or the Services shall be resolved exclusively through confidential, binding arbitration in the State of Florida.

14.3Arbitration Procedures

Arbitration shall be administered by AAA or JAMS under their commercial rules, conducted in Florida, presided over by a single arbitrator, and may be held remotely.

14.4Class Action Waiver

All disputes must be brought on an individual basis. Class, collective, consolidated, coordinated, mass, or representative actions are waived.

14.5Fee Shifting for Frivolous Claims

The arbitrator may award fees and costs against any party that brings a frivolous or bad-faith claim.

15.1Entire Agreement

These Terms, together with all applicable order forms and customer agreements, constitute the entire agreement between the parties.

15.2Severability

If any provision is found unenforceable, the remaining provisions remain in full force and effect.

15.3Force Majeure

skEYEwatch shall not be liable for delays or failures caused by events beyond its reasonable control.

15.4Waiver

Failure to enforce any provision shall not constitute a waiver.

15.5Assignment

Customer may not assign these Terms without skEYEwatch’s written consent. skEYEwatch may assign its rights and obligations to affiliates or successors.

15.6Subcontractors

skEYEwatch may use subcontractors and third-party providers to perform the Services.

15.7Export Controls

Customer shall comply with all applicable export-control and sanctions laws.

15.8U.S. Government Rights

If Customer is a U.S. government entity, the Services are provided as “commercial items” subject to restricted rights.

15.9Injunctive Relief

skEYEwatch may seek injunctive relief for unauthorized access, misuse of intellectual property, or confidentiality breaches.

15.10Notices

Notices must be sent to the designated support, billing, legal, or administrative contacts.

15.11Publicity

skEYEwatch may identify Customer as a client and use Customer’s name and logo in marketing materials unless Customer objects in writing.

15.12Feedback License

Customer grants skEYEwatch a perpetual, irrevocable, royalty-free license to use feedback, suggestions, and ideas.

15.13Monitoring & Audit Rights

skEYEwatch may monitor usage and audit Customer’s compliance with these Terms.

15.14Reservation of Rights

All rights not expressly granted are reserved. No implied licenses exist.

15.15Interpretation

Headings are for convenience only. “Including” means “including without limitation.” No presumption applies against the drafter.

15.16Electronic Signatures & Counterparts

These Terms may be executed electronically and in counterparts.

15.17Survival

All provisions relating to intellectual property, confidentiality, disclaimers, limitations of liability, indemnification, dispute resolution, and post-termination obligations survive termination.