Terms of Service
These Terms of Service (“TOS”) as well as any schedules attached to these TOS (“Schedules”) represent the entire Agreement (“Agreement”) between you (the “Customer”, “I,”, “me,” “your” and “you”) and DPL America(“Company” “DPL”, “we”, “us” and “our”). You should review the entire Agreement. All of the parts are important and together create a legal agreement that applies to you once signed by the Customer. DPL relies upon your word that you have reached the legal age of majority and that the person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party’s obligations hereunder have been duly authorized, and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. Both DPL and Customer agree that the use of electronic signatures, whether digital or encrypted, are intended to authenticate this writing and to have the same force and effect as manual signatures. Your account information may, from time to time, be disclosed to employees of DPL America in order to service your account and/or respond to your questions.
This TOS applies to all deliveries of products and/or services (“Products”) to any Customer. This TOS shall be mutually binding on the Parties, their assigns, affiliates and delegates whether those assigns, affiliates and or delegates also sign this TOS. Both Parties must agree in writing to any changes or modifications to this Agreement for those changes to be binding between the Parties. None of any past practice, industry standards, course-of-dealing or usage of trade shall constitute a modification of any term or condition contained herein. This TOS also serves as notice of DPL’s objection to and express rejection of any term or condition of purchase included in Customer’s order or other writing that are different from or additional to this TOS.
a. “Device” or “Devices” – any type of wireless telecommunications device or hardware sold by DPL America.
b. “Application” or “Applications” – any type of software, web sites/portals and mobile resources.
c. “Service” or “Services” – any type of Electronic communications with Devices which includes the wireless telemetry messaging, communications to/from data centers and communications to/from the Customer and/or third-parties.
d. “Plan Charge” or “Plan Charges” – the monthly subscription fee(s) for your Services.
e. “License Fee” or “License Fees” – the setup charges for Devices and/or Hardware to access the Applications to receive Services.
f. “Month to Month Agreement” or “Month to Month Agreements” – the default agreement for Devices purchased
g.“Term” the period of time this Agreement shall apply is on a “Month to Month” basis such that termination may occur with reasonable notice defined below but no set yearly term per se.
3. Customer Confirmations & Authorizations
Customer hereby authorizes DPL to obtain information about Customer’s credit history and agrees that DPL may provide information to others about Customer’s credit. Customer hereby accepts all provisions of this TOS. Customer agrees to cause all persons with Customer’s account be they designees, employees, partners, contractors assigns and delegates who use Customer’s account or with Customer’s authorization to comply with this TOS. Customer expressly acknowledges that the acts or omissions of all persons who use Customer’s account or with Customer’s authorization will be treated for all purposes as Customer’s own acts or omissions. Customer shall, when applicable, confirm that the information Customer provides needs to be updated, Customer shall to so immediately and keep DPL up-to-date with accurate information related to Company and promptly notify DPL of any changes in Customer information.
4. Order Confirmation
Where applicable, quotes are only accepted when Customer has received DPL’s and must be confirmed by written acceptance of the quote, including confirmation in electronic form. If DPL submits a quote to Customer, Customer has to accept in writing, including electronically, before the expiry of any acceptance deadline. Cancellation of orders must be made in writing and must be confirmed by DPL in writing. Customer is, regardless of the reason for the cancellation, obliged to buy any goods commissioned for the order that cannot be cancelled as DPL shall not incur any out of pocket costs for cancelled Products. The Products in question shall be invoiced to Customer, at the last by the order’s originally planned delivery time, at DPL’s purchase price with the addition of any delivery costs. DPL products have a device and a subscription system as per DPL’s order form. Customer pays via credit card or on DPL approved terms at DPL’s sole discretion. Customer must complete an order form that specifies the subscription plan Customer chooses with related pricing for the devices. Products and subscription plans are always subject to change by DPL at DPL’s sole discretion. DPL will give Customer reasonable notice of any such changes.
5. Product Ownership, Delivery & Transfer of Risk
- All Device ownership is transferred to the customer at the time of shipping as long as payment has been made in full. If payments are subject to a payment plan, ownership will not fully transfer to Customer from DPL until the final installment payment has been made by Customer.
- Products shall be delivered by methods and third party providers solely by DPL’s designation and authority and mode of transport. Costs for transport shall be paid by Customer and all transport risks are born by Customer. Such risks include but are not limited to risk of loss and damage.
- Customer is bound by these Terms of Service. If you do not agree you must pay any remaining fees as set forth in this Agreement and cease usage of DPL Devices and Services.
- DPL does not offer in house leasing but can refer Customer to third party finance companies upon written request by Customer. Customer’s relationship with any third party finance company shall not be governed by this Agreement whatsoever and shall be considered completely separate dealings.
- DPL offers a 12 month repair or replace warranty for its products.
6. Effective Date
This Agreement becomes effective on the date when DPL has received and approved the Customer’s request for Service and Customer has provided required payment (the “Effective Date”).
7. Fee Schedule & Discretionary Account Fees
- Late Payment Fee: Interest is charged on overdue balances. An overdue balance is one where charges have been billed on a previous statement and have not been paid in full by the due date. On the date when interest is charged (typically 2-3 days following the due date), the overdue balance is then multiplied by 2% monthly (26.82% per annum)
- Reactivation Fee (account suspended for non-payment): $50.00
- NSF/Returned Payment/Pre-Authorized Payment Failure/Credit Card Denial: $50.00
- License Fees
- Deactivation or Suspension
▪ All applicable Plan Charges up to and including the full month of Customer notification to deactivate or suspend the Device and all remaining License Fees, if any
▪ AssetView and AssetView+ products have no reactivation fee. Reactivation requests must be submitted via email to firstname.lastname@example.org or via a ticket through the Support Portal: https://dpltel.freshdesk.com/support/login. Some products cannot be reactivated, please contact your sales representative for details on your specific Device.
- Certain billing plans are subject to overage charges, please contact your sales representative for details of your plans. DPL, at its discretion, reserves the right to cancel this agreement, increase Plan Charges or levy Overage Fees if usage is deemed excessive. The use of the Recovery Mode feature may cause billing overages and is intended for theft recovery only
8. Termination & Default
Customer Termination. In the event Customer desires to terminate its agreement with DPL, Customer shall contact its representative or DPL Support at email@example.com to notify of its desire to terminate. Any termination request must be received in writing however email is permissible. Upon termination, Customer is responsible for all Plan Charges up to and including the full month of termination as well as all remaining charges included in the Product purchases with no exception.
DPL Termination. DPL reserves the right to terminate any DPL Services or this TOS for any reason upon a minimum of 30 days’ prior written notice to Customer. DPL has the right to terminate if Customer petitions for bankruptcy or insolvency or incurs an inability to pay its debts when due in the ordinary course of business or goes into receivership.
Events of Default & Cure Policy. Customer will have defaulted on this TOS and DPL will have the right to terminate this TOS under the following circumstances and the following cure policy:
- if Customer fails to make a payment when a payment is due;
- if Customer breaches or fails to comply with any part of this Agreement;
- In the event a Customer default should occur, DPL will make all reasonable attempts to work with Customer to ensure that there are no interruptions in Service during any cure period.
- The cure period shall be thirty (30) days.
- If the default is unresolved after the cure period, DPL may at its sole discretion and in no particular order:
– Apply Discretionary Account Fees (Refer to Fee Schedule)
- Suspend the Customer’s Service until resolved
- Terminate this Agreement.
- In the event of a termination, DPL will immediately bill the Customer for all outstanding Plan Charges and all costs/expenses, including but not limited to, legal expenses incurred by DPL in exercising its remedies as specified herein.
- In all cases DPL shall incur no liability whatsoever and the Customer shall remit payment on the bill immediately upon receipt of the bill.
9. Changes in TOS and Plan Charges.
DPL reserves the right to change the Agreement or Plan Charges by giving Customer at least 30 days’ prior written notice of the change. Notice may be provided by including it on Customer’s invoice, by email, or by any other reasonable method including hyper-links to the updated documentation on the Internet. Subject to DPL’s right to make changes, no other statements (written or verbal) will change this Agreement. Customer’s recourse if it refuses or declines a DPL required change is to terminate DPL’s Services following the guidelines set forth in this Agreement.
10. Mutual Confidential Information. Either Party may be the Receiving or Disclosing
Party regarding Confidential Information. Any type of information that is not publicly available, including drawings and technical documents, business plans, proprietary business relationships and trade secrets provided to the Receiving Party that is designated as confidential by the Disclosing Party shall be deemed Confidential Information. The Disclosing Party’s Confidential Information shall remain the sole property of the Disclosing Party. Such Confidential information has been developed at an substantial expense of the Disclosing Party and therefore shall not be copied, reproduced, shared or used for any purpose other than the purpose authorized by the Disclosing party. Confidential Information shall be information generally shared with the public or obtained through public sources. This paragraph shall survive any termination of this TOS. The Parties agree not to share any data with third Party’s without the express written consent of the Disclosing Party.
11. Returns, Service & Maintenance.
Service is available to Customers with units within range of participating wireless service providers. Customer expressly acknowledges that service may not be available in all areas due to internet limitations particularly in rural areas of the territory.
- Scheduled Maintenance Window. As DPL receives notice of upcoming maintenance, DPL will endeavor to provide Customer with reasonable notice of scheduled maintenance or website downtime. Emergency and exception planned outages may occur outside of these existing maintenance windows to mitigate or avert any pending or uncontrolled failures.
- Customer has 30 days from receipt of Devices to return Devices for a full refund on the License Fees, providing that Device is still in good working condition. Customer also agrees to pay the monthly Plan Charges of the trial period in full month increments from time of activation until Customer requests deactivation and returns the units. Customer is responsible for outbound and return shipping costs. Devices returned after 30 days of receipt will be subject to a reasonable restocking fee and depending on condition, a repair charge.
- Orders usually ship within 10 days of acceptance via UPS Ground and DPL will notify Customer of any delays in shipping within five (5) business days of accepting an order. DPL will not be third party caused liable for any delay or failure to deliver Devices.
12. Rates, Charges, & Deactivation
- Customer is responsible for payment to DPL of the charges related to the Services and License Fees.
- Customer is responsible for all applicable taxes and fees (including those not collected by DPL).
- Customer may authorize payment by check, credit card or ACH/EFT.
- Upon initial power up Devices will automatically activate Service, and Monthly Plan Charges will begin.
- Monthly Plan Charges will be invoiced or charged at the beginning of every month for the previous month’s Services.
- Plan Charges are in full month increments, there are no prorations.
- For credit card payments, this charge will show up as “DPL America” on Customer’s statement.
- Billing and invoices will come from ‘DPL America’: 171 Main Street, Suite 653, Los Altos, CA 94022
- To deactivate or suspend Service for eligible Devices Customer must email support at: firstname.lastname@example.org or submit a ticket via the Support Portal: https://dpltel.freshdesk.com/support/login
- Refer to Fee Schedule for more information on Discretionary Account and Device Fees.
13. Warranties, Limitations of Liability, Interruptions of Service & Damages & Disclaimers
CUSTOMER EPRESSLY UNDERSTAND AND AGREES THAT CUSTOMER’S USE OF DPL SERVICES IS AT CUSTOMER’S SOLE RISK AND THAT SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- DPL does not guarantee uninterrupted Service and shall not be liable to any Customer, user or other person resulting from mistakes, omissions, interruptions, delays, errors in transmission, defects in transmissions, failure to transmit, failures or defects in equipment, or for any other reason including the failure to transmit which is caused by acts of God, fire, explosion, war, riots, strikes, lockouts, picketing, boycotts, acts of government authorities and causes originating in the facilities or any parts of the cellular telephone network. Without restricting the foregoing, in no event will DPL be liable for indirect consequential or economic loss or damage, including loss of profits even if advised of the possibility thereof.
- No credit allowance shall be given for interruptions caused by the Customer’s negligence or by the Customer’s willful acts or for interruptions caused by the failure of Customer’s equipment.
- Installation of Devices is the responsibility of the Customer unless otherwise specified. Customers are accountable for their own safety when installing Devices.
- All Devices carry a one year “repair or replace” manufacturer’s warranty against any manufacturing defects, starting from the date of delivery. Customer is responsible for return shipping to DPL America.
- Warranty does not cover loss, physical damage or water ingress. DPL is not liable for the loss of Customer equipment, cash or business transactions. DPL makes no warranty that the Devices or Services will meet Customer’s requirements or be available on an uninterrupted, secure, or error-free basis. DPL’s aggregate liability under this agreement is limited to the price paid for your License Fee(s).
14.Responsible Use of Products and Services
Abuse or misuse of DPL Devices and Services could result in the termination Customer’s Agreement with DPL and/or lead to criminal or civil charges. Customer is prohibited from using, enabling, facilitating, or permitting the use of any DPL Products or Devices or Service for an illegal purpose, criminal or civil offence, intellectual property infringement, harassment or in a manner that would breach any law or regulation. Customer is prohibited from adapting, reproducing, translating, modifying, decompiling, disassembling, reverse engineering or otherwise interfering with any Applications, Products or Devices used in connection with DPL for any purpose including “testing” or research purposes; or modifying, altering, or defacing any of the trade-marks, or other proprietary intellectual property made available through DPL or using any indemnity or intellectual property except for the express purpose for which such intellectual property is made available to Customer through DPL. Customer is responsible for obtaining the necessary legal consent(s) from those monitored users who are being tracked and/or monitored by Customer’s use and Customer’s sub-account holders’ uses of the Products and or Device(s) and shall authorize the tracking and/or monitoring of such Products and or Device(s) by DPL and its subcontractors. If a monitored user is a minor, Customer hereby acknowledges that Customer and/or Customer’s sub-account holder have lawful guardianship over such minor and Customer further acknowledges that Customer and/or Customer’s sub-account holder have the legal right to lawfully monitor a user in the location or locations where the Device(s) is used. The service is not intended to track minors nor to collect information about minors to avoid being in violation of COPPA or any other regulation.
15. Intellectual Rights
Devices or Product are supplied by DPL with accompanying software, Customer acquires a non-exclusive, non-perpetual software license in the form of a right to use the software for the narrow purposes made clear in any accompanying software specifications (where applicable). The License is only applicable for as the Parties are governed by this TOS and said License shall terminate when this TOS terminates. Over and above this, Customer acquires no rights in the form of licenses, patents, copyrights, trademarks of other intellectual rights connected with the Devices or Product. Customer acquires no rights to the source code of the provided software.
Customer expressly agrees to indemnify and hold DPL, its agents, licensees, licensors, and subcontractors harmless from any and all costs and expenses regarding any claim(s) (including attorneys’ fees) arising from (a) the unauthorized tracking and/or monitoring of the Device(s) by Customer or Customer’s sub-account holders (b) Customer’s acts or omissions (c) any activities expressly prohibited in this Agreement, or (d) Customer’s gross negligence, willful misconduct, or fraud. Customer further agrees to indemnify, defend and hold harmless DPL, its officers, directors, employees, agents and insurers from and against any and all third party claims, demands, actions, damages, expenses, costs, claims, judgements and liabilities (including but not limited to interest penalties and reasonable attorneys’ fees and investigative costs incurred by DPL arising form and in connection with or as a consequence of any negligent, or wrongful act or omission by Customer, Customer’s transfer, use or sale of any Product or Device, except to the extent that such suit or demand arises out of the failure of such Product or Device to meet DPL’s express warranties if any, and Customer’s possession, operation, maintenance, delivery or return of any Product. Such protection shall include without limitation, claims for personal injury or death or property damage arising out of any act of omission of Customer or its Customers or assigns or designees. This Paragraph 13 shall survive the termination or expiration of this TOS.
17. GDPR Requirements Related to Privacy
If Customer is based outside of North America and withing a European Territory, DPL’s GDPR policy is set forth in Appendix A to this TOS.
This Agreement cannot be transferred or assigned by the Customer without the express consent of DPL.
The English language will control with respect to the construction and interpretation of this Agreement. Any version of this Agreement in a language other than English is provided as a convenience. The English language version of this Agreement will govern and control over any such other version of this Agreement in all respects.
- Governing Law
This Agreement shall be governed by and construed in accordance with the laws applicable in the State of California and shall be subject to the exclusive jurisdiction of the courts in Santa Clara County, CA, U.S.A.
- Dispute Resolution
Any disputes between the Parties shall have a 30 day cure period. If the Parties cannot cure their dispute during the cure period, they will proceed to mandatory mediation with a mutually agreed upon mediator. If they cannot resolve their dispute in mediation they shall proceed to binding arbitration under the rules of the American Arbitration Association and proceedings will be final with the losing Party paying for prevailing Parties’ legal fees and related reasonable costs.
If any part of this Agreement becomes outdated, prohibited or unenforceable, then the remaining Terms of Service will continue to be applicable. If DPL elects to not enforce any part of this Agreement, the Terms of Service remain valid, and DPL can elect to enforce it in the future.
20. Complete Agreement
This TOS and Customer’s written acceptance constitutes the complete and exclusive agreement between the Parties. It supersedes all written or oral agreements prior to this TOS between the Parties whether direct or implied.
DPL is strongly committed to protecting your privacy and complying with your choices. Both personal and non-personal information collected is safeguarded according to the highest privacy and data protection standards adopted worldwide. We have always had a robust and effective data protection program in place which complies with existing law and abides by the data protection principles. However, we recognize our obligations in updating and expanding this program to meet the demands of the GDPR and the any country outside of the United States you reside in.
- Your information will not be shared, rented or sold to any third party.
- We use state-of-the-art security measures to protect your information from unauthorized users.
- We give you the possibility to control the information that you shared with us (opt-out)
DPL is committed to processing data in accordance with its responsibilities under the GDPR.
Article 5 of the GDPR requires that personal data shall be:
- processed lawfully, fairly and in a transparent manner in relation to individuals;
- collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;
- adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
- accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
- kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals; and
- processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.”
We will clearly inform you when information that personally identifies you (“personal information”) is asked for and you will have the choice to provide it or not. Generally, this information is requested when you [install/download/subscribe] to product updates, newsletters or other online services.
We use your personal information for the following purposes:
- To provide you information that will allow you to use our services
- To automatically customize your documents with your information
- To alert you of software upgrades, updates, discounts or other services from DPL
- To provide support of our Services
We collect your email when you engage with DPL as per the TOS in order to send you informational communications about our products and solutions such as their purpose and the best use you can make of them. We also collect your email to send you our promotional offers.
We may also collect your name, language, currency, operating system, document searched and country information for a better experience with DPL products/services.
When you place your order with us, we collect your email in order to deliver invoices, receipts and packing slips. We also collect your phone number in order to contact you in case these emails bounce back because of a typo in your email address and if we cannot figure out what the correct email address is.
We also contact the phone number that is provided if we suspect that the cardholder’s credit card information has been compromised, i.e. used in a fraudulent way.
We also use our clients’ email in order to notify of the release of updated versions of the software, new services or promotional offers.
When you provide your personal information, you consent that it can be used for the above purposes and that DPL is an authorized holder of such information. If you choose not to register or provide personal information, you can still use our website, but you will not be able to receive additional services or access certain areas that require registration. When you activate your account, you are providing your consent to occasionally receive information from us. In each communication from us you will have the opportunity to unsubscribe from further communications; alternatively, you may contact us to express your choices at the address provided at the bottom of this page.
- Access to your information
You are entitled to review the personal information you have provided us and ensure that it is accurate and current at all times. To review or update this information simply request that we send you this information.
- Security of information
DPL is strongly committed to protecting your information and ensuring that your choices are honored. We have taken strong security measures to protect your data from loss, misuse, unauthorized access, disclosure, alteration, or destruction. All sensitive data is stored behind multiple firewalls on secure servers with restricted employee access.
We guarantee that all e-commerce transactions follow the latest security measures and use the best available technologies. Secure Sockets Layer (SSL) technology is employed when you place online orders or transmit sensitive information. SSL is one of the safest methods of passing information over the Internet.
- Retention of information
- EU and EEA Users’ Rights
If you are habitually located in the European Union or European Economic Area, you have the right to access, rectify, download, or erase your information, as well as the right to restrict and object to certain processing of your information. While some of these rights apply generally, certain rights apply only in certain limited circumstances. We describe these rights below:
You have the right to access your personal data and, if necessary, have it amended or deleted or restricted. In certain instances, you may have the right to the portability of your data. You can also ask us to not send marketing communications and not to use your personal data when we carry out profiling for direct marketing purposes. You can opt out of receiving email newsletters and other marketing communications by following the opt-out instructions provided to you in those emails. Transactional account messages will be unaffected if you opt-out from marketing communications.
- What we do with the Information you share
Your information is never shared outside the company without your permission. Inside the company, data is stored behind multiple firewalls on secure servers with restricted user access.
When you register to our website, you are asked to provide your contact information, including a valid email address. We use this information to send you updates about DPL order confirmations and information about our services. When you order from us, we ask for your credit card number and billing address. We use this information only to bill you for the product(s) you ordered at that time.
We may on occasion require the help of other companies to provide limited services on our behalf, such as packaging, shipping and delivery, customer support and processing event registrations. We will only provide such companies with the information required for them to perform these services; these service providers are bound by strict privacy policies and are prohibited from using your information for any other purpose.
In very rare instances DPL may disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on DPL or the site; (b) protect and defend the rights or property of DPL and its family of websites and properties; and (c) act in urgent circumstances to protect the personal safety of users of DPL, its websites, or the public.
- How to opt-out
We provide users with the opportunity to opt-out from receiving updates on our products, newsletters and other communications from us. You can opt-out by clicking on the link provided in our electronic mailings or by contacting us at the address at the bottom of this page.
The Site contains links to web sites of third parties. DPL is not responsible for the actions of these third parties, including their privacy practices and any content posted on their web sites. We encourage you to review their privacy policies to learn more about what, why and how they collect and use personal information. DPL adheres to industry recognized standards to secure any personal information in our possession, and to secure it from unauthorized access and tampering.
However, as is true with all online actions, it is possible that third parties may unlawfully intercept transmissions of personal information, or other users of the Site may misuse or abuse your personal information that they may collect from the Site.
If you want to prevent a third-party advertiser from collecting data, currently you may either visit each ad network’s web site individually and opt out or visit the NAI gateway opt-out site to opt-out of all network advertising cookies. Click here for the NAI gateway opt-out site.
This site will also allow you to review the third-party advertising companies’ privacy policies.
- Changes to this policy
- Enforcement of policy
If for some reason you believe DPL America has not adhered to these principles, please notify us and we will do our best to promptly make corrections.
- Questions or comments
DPL America, Inc.
171 Main Street, Suite 653
Los Altos, California
September 20, 2022
AGREEMENT – By using any of our Products or Services you agree to these Terms of Service.