Your acknowledgement and acceptance of these terms and conditions are required in order to use the application.
Dear User, by using this application, you accept, acknowledge and agree with all safety provisions set forth herein and assume full, exclusive and sole responsibility for the use of the application, and you further agree and acknowledge that your use of the application is made entirely at your own risk and in compliance with all applicable laws and regulations in your jurisdiction.
Limitation of Liability. In no event shall Cardo be liable for any incidental, special, indirect, punitive, exemplary or consequential damages, whether resulting from the use, misuse, or inability to use this application or from defects in the application, or for any damages whatsoever resulting from the use of the application, whether based on breach of contract, tort (including negligence), application liability or otherwise even if advised of the possibility of such damages.
Collection of data. Personal and other types of information will be collected through the App. and through the device, including information regarding the usage of the device which is collected for statistical uses (e.g., how many users listened to music during their ride). For information on data collection please review the Cardo Privacy Policy.
Without derogating from the generality of the above, you also agree to the following terms of payment processing: purchases made within our website and/or applications are performed via third-party payment processors, and Cardo does not have any responsibility with regards to the payments you make or data you provide to them. We strongly recommend that you review such third-parties’ terms and privacy policies before making the payment. Specifically, regarding payments within the Cardo Connect Mobile App. which allows you to make auto-renewed monthly or yearly purchases of subscription to various features, the payments are paid and processed through Google Store or through Apple Store. If you purchase subscriptions, the payment processing party - Google or Apple as applicable – will collect from you certain additional information to process your purchase, such as your credit card, ID or bank account information. Cardo has no access to such information and has no responsibility regarding your payment through the payment processing vendors, and no responsibility regarding the data disclosed thereof. We strongly recommend you to review the terms and privacy policies of Google and Apple.
You acknowledge and agree that the limitations set forth above are fundamental elements of this agreement to which you consent and without which the application would not be provided to you absent such limitations. Some states do not allow certain exclusions of incidental or consequential damages, so the above limitations may not apply to you.
Important safety information – waiver and general release warning: Cardo Systems Inc., (“Cardo” or the “Company”) notifies you that your complete and undivided attention is required when using the application while riding.
Failure to avoid potentially hazardous situations could result in accident resulting in serious injury or death. Cardo advises you to take all necessary precautions and remain alert to the traffic, weather and all road conditions. It is best to stop away from traffic prior to activating or deactivating the application. Do not perform pairing, reset or similar operations while riding. All publications are intended to address technical capabilities and should not be construed as encouraging the operation of Cardo’s application in any manner that is unsafe or prohibited by law. Exercise all due caution while using this application and obey all applicable traffic laws. Always ride and use the application in a safe manner. Do not become distracted by the application while riding on a vehicle. When riding, always consider road, traffic, terrain and other conditions to maximize safety. Do not operate the application if it becomes unsafe to do so. In some regions or states, the use of mobile applications is prohibited or restricted.
Check all laws and regulations that apply in your region before using the application and be mindful that compliance with all laws and regulations is the user’s responsibility. Use the application in motion only where and in the manner that such application is permitted by applicable law. The application should not be used in contravention of local, state or federal laws and regulations.
Please check federal, state and local laws and regulations before using the Cardo application. Use the application only where safe and avoid usage at gas stations, fuel depots or around explosives.
Cardo also notifies you that the application includes an ability for each User to record group conversations. If you wish to record a call, you must alert the other participants in the call of such recording, in advance, to allow them to drop from the call in the event that they are not interested in being recorded. Please note that recording is done by each User on its sole responsibility. Cardo does not have any responsibility or liability to anything related to such recording, nor has any access to the recordings which are stored in each recording User’s device. This includes liability with respect to the voice recording storage, security, loss etc.
Crash Detection Feature. If you make use of our crash detection feature, as defined under Cardo’s applicable product manual (“Crash Detection Feature”), you MAY NOT rely solely on it and you should be aware that we cannot warrant and/or guarantee that it will properly work in or detect every or any crash event or circumstance. The Crash Detection Feature DOES NOT notify or alert emergency services/responders, but your emergency pre-defined contact person only. The Crash Detection Feature IS NOT a guaranteed service and is dependent and reliant on numerous factors, including, without limitation: your activation of geolocation services (GPS) on your mobile phone (GPS turned on), the proper connection of your Cardo device with the Cardo App and/or your mobile phone, you granting the Cardo App permissions to your mobile phone and having sensors switched on, as required, having your mobile phone connected to a mobile network, your mobile phone and/or Cardo’s device remaining battery, properly defining the emergency contact person, Cardo’s ability to send the emergency contact person crash notifications and your emergency contact person’s ability to receive and respond to crash notifications. WHERE ANY OF THESE REQUIREMENTS ARE NOT MET, THE CRASH DETECTION FEATURE WILL NOT WORK. You must make sure you have other precautionary arrangements in place, such as sharing your route, time of arrival, and where you should be at any given time. You SHOULD NOT rely on the Crash Detection Feature as the primary or sole method of contacting your emergency contacts in the event of a crash. The Crash Detection Feature is not intended to replace manually contacting emergency services or your emergency contacts in the event of a crash. It is your responsibility to ensure that your emergency contact is prepared to receive a notification, understands the capabilities and limitations of the Crash Detection Feature, and knows what action to take in the event of a crash notification. The Crash Detection Feature works on “on-road” terrain only, and does not work on “off-road” terrain. Moreover, for “off-road” terrain it is recommended to disable the feature (so not to receive false alarms). You should also be aware that the crash notification MAY NOT be sent to or received by your emergency contact person (or delayed) due to country/mobile operator limitations. Please note that, among other consents, your consent to and activation of geolocation (GPS turned on) and your emergency contact person’s consent to receive the crash notifications, will be required in order to use the Crash Detection Feature.