Welcome to LinkMyGear.com (the “Platform”). The Platform is owned and operated by Link My Gear LLC (“we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of the Platform, including our website, services, devices, applications, and all related functionalities (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms.
These Terms constitute a legally binding agreement between you, the user (“you,” “your,” or “User”), and Link My Gear LLC. If you do not agree to these Terms, you may not access or use the Platform or Services.
Scope and Application
These Terms apply to all Users worldwide. However, the primary jurisdiction for this agreement is within the United States. Users accessing the Platform or Services outside the United States acknowledge and agree that their usage is at their own risk and subject to the limitations and disclaimers stated herein.
Any specific rights or protections available to Users under their local laws outside the United States may not apply. By using the Platform, you agree to these terms and assume full responsibility for compliance with any applicable local laws.
Acceptance of Terms
By creating an account, accessing the Services, or otherwise using the Platform, you confirm that you have read, understood, and accepted these Terms. If you do not agree to all the terms, you must discontinue use immediately.
Use of the Services requires you to also review and accept our Privacy Policy. Together, these documents form the entire agreement governing your use of the Platform.
Platform Purpose and Assumption of Risk
The Platform and associated devices are designed for personal, recreational, and non-commercial use. Users are expressly advised that:
The Platform is not certified or intended for life-critical, emergency, or safety applications.
Any reliance on the Platform for safety-related purposes is at the User’s sole risk.
The Platform and devices are provided “AS IS” without guarantees of reliability, accuracy, or uninterrupted functionality.
You assume all risks associated with your use of the Platform and associated devices, including risks inherent in recreational activities such as skydiving or other extreme sports.
Regulatory and Compliance Disclaimer
Link My Gear LLC operates in compliance with U.S. laws and regulations. Users accessing the Platform from outside the United States are responsible for ensuring compliance with their local laws and regulations. We make no representations or guarantees about compliance outside the U.S.
Export Controls
The Platform and Services may be subject to U.S. export controls. By using the Platform, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services. More details can be found in section 6.15
Communications and Notifications
The Platform may facilitate communications or notifications, including alerts. You acknowledge that these communications are subject to potential delays, errors, or failures caused by network issues, third-party service provider disruptions, or other factors beyond our control.
Language of Terms
These Terms are provided in English only. No translations will be offered or interpreted as legally binding. Users agree to review and accept these Terms in English.
Amendments to Terms
We reserve the right to modify these Terms at any time. Any changes will become effective upon posting to the Platform, and your continued use of the Services constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.
Third-Party Services and Links
The Platform may integrate with third-party services (e.g., SMS, Telegram, WhatsApp) or contain links to third-party websites. Link My Gear LLC does not endorse, control, or guarantee the reliability of these services or websites. Your use of third-party services is subject to their respective terms and conditions.
Feedback and Suggestions
By providing feedback, suggestions, or other input regarding the Platform, you grant Link My Gear LLC an unrestricted, royalty-free, perpetual, and irrevocable license to use, modify, and implement such input without further obligation or compensation to you.
No Agency or Partnership
Nothing in these Terms shall be construed to create any partnership, agency, or employment relationship between the User and Link My Gear LLC.
Limited Availability of Features
Certain features or Services may not be available in all geographic locations. We reserve the right to restrict or disable access to the Platform in specific regions as deemed necessary.
License to Use Platform
Users are granted a non-transferable, non-exclusive, revocable license to access and use the Platform for its intended purpose, subject to these Terms.
Eligibility
Age and Legal Capacity
By accessing or using the Platform, you represent and warrant that:
You are at least 18 years old or the age of majority in your jurisdiction, whichever is higher.
You have the legal capacity to enter into and be bound by these Terms.
You are not prohibited by any applicable law or regulation from accessing the Platform or Services.
Geographic Restrictions
The Platform is made available worldwide; however, the primary jurisdiction for these Terms is within the United States.
Users accessing the Platform from outside the United States acknowledge and agree that they do so at their own risk.
Link My Gear LLC does not guarantee that the Platform or Services comply with local laws, regulations, or standards outside the United States.
Prohibited Users
You may not use the Platform or Services if:
You are under 18 years of age.
You are located in a country or region subject to U.S. government sanctions or embargoes.
You are on any U.S. government restricted parties list (e.g., the U.S. Treasury Department’s Specially Designated Nationals List).
User Account Requirements
Certain features of the Platform may require you to create an account. By creating an account, you represent and warrant that:
All information provided by you during registration is accurate, complete, and up to date.
You will promptly update your account information to maintain its accuracy.
You are solely responsible for maintaining the confidentiality of your account credentials.
Unauthorized Use
You agree not to allow any other person to use your account. You are responsible for all activities conducted through your account, whether authorized by you or not.
You must notify Link My Gear LLC immediately if you suspect any unauthorized use of your account or a breach of security.
User Representations
By accessing or using the Platform, you further represent and warrant that:
Your use of the Platform and Services complies with all applicable laws, regulations, and industry standards.
You will not use the Platform for any fraudulent, harmful, or illegal purposes.
You are not accessing the Platform for the purpose of developing a competing service, reverse-engineering its functionality, or any unauthorized purpose.
Use of Multiple Accounts
You may not create multiple accounts for the purpose of circumventing restrictions, engaging in fraudulent activity, or for any purpose not explicitly authorized by Link My Gear LLC.
Right to Verify Information
Link My Gear LLC reserves the right to verify the accuracy of the information provided during registration or at any time. Failure to provide accurate information or verification may result in suspension or termination of your account.
Right to Refuse Service
We reserve the right to refuse access to the Platform or Services to anyone for any reason at our sole discretion, to the extent permitted by law.
Acknowledgment of Assumption of Risk
By using the Platform, you acknowledge that participation in activities associated with the Services, such as skydiving or other extreme sports, carries inherent risks, and you assume full responsibility for your actions and decisions.
Consequences of Ineligibility
If Link My Gear LLC determines that you are ineligible to use the Platform under this Section, we reserve the right to:
Suspend or terminate your account without prior notice.
Take legal action against you for any unauthorized use or fraudulent activity.
Children’s Privacy
No Use by Individuals Under 18
The Platform, Devices, and Services are not directed to, nor intended for, individuals under 18 years of age.
By accessing or using the Platform, you represent and warrant that you are at least 18 years old or the age of majority in your jurisdiction, whichever is higher.
Parental Consent for Minors
If you are a parent or legal guardian who becomes aware that a minor under 18 has created an account or is using the Platform, please contact us immediately at info@linkmygear.com.
If we discover that a minor under 18 has provided personal information without verifiable parental consent, we reserve the right to delete the account and any related information, to the fullest extent technically feasible.
No Collection of Children’s Personal Data
We do not knowingly solicit, collect, or store personal information from anyone under 18.
Any user-generated content depicting or featuring minors must comply with all applicable privacy laws and regulations. You are solely responsible for ensuring that you have the appropriate permissions or consents (e.g., from a parent or guardian) before uploading any such content.
User Responsibilities
You agree not to assist minors in circumventing any age restrictions or security controls on the Platform.
You shall indemnify and hold harmless Link My Gear LLC from any claims or damages arising out of unauthorized use of the Platform by minors.
Regulatory Compliance
To the extent certain privacy laws (e.g., the U.S. Children’s Online Privacy Protection Act, or “COPPA”) or local laws apply, we strive to comply fully. We do not knowingly engage in activities that would trigger additional compliance obligations under these laws, based on our policy of disallowing users under 18.
Account Termination for Ineligible Users
If we determine that you are under 18 or otherwise ineligible to use the Platform, we may immediately suspend or terminate your account and delete all associated personal data, except to the extent required to retain it for legal or regulatory purposes.
Scope of Services
Overview of Services
Link My Gear LLC provides an integrated platform (the “Platform”) and associated devices (the “Devices”) to enhance recreational activities through features such as:
IoT-based device management.
Telemetry data collection and analysis, including position, speed, and pressure metrics.
Logging and analysis of skydiving and other extreme sports activities.
User-generated content uploads, including photos, videos, and comments.
Alert functionality for notifying pre-specified contacts in certain conditions.
Non-Certified Use
The Platform and Devices are intended solely for recreational and personal use.
The Platform is not certified for emergency or safety-critical use and must not be relied upon for life-saving or mission-critical purposes.
Users acknowledge and agree that the Devices and Services are not guaranteed to provide accurate or timely telemetry, alerts, or notifications in all circumstances.
Service Availability
Link My Gear LLC strives to maintain continuous access to the Platform but does not guarantee uninterrupted or error-free operation.
Service interruptions may occur due to maintenance, technical issues, or factors beyond our control. Link My Gear LLC disclaims liability for any damages resulting from such interruptions.
Geographic Availability
The Platform is made available worldwide; however, certain features may be restricted or unavailable in specific regions due to legal, regulatory, or operational constraints.
Users are responsible for determining whether the use of the Platform and Devices complies with local laws and regulations.
Modifications to Services
Link My Gear LLC reserves the right to modify, suspend, or discontinue any aspect of the Platform or Devices at any time without prior notice.
Users agree that Link My Gear LLC is not liable for any loss or damages arising from modifications, suspensions, or discontinuations.
Device Use and Ownership
Users are solely responsible for ensuring the proper use of the Devices in accordance with the instructions provided. Unauthorized modifications, repairs, or misuse of the Devices void all warranties and absolve Link My Gear LLC of any liability.
Link My Gear LLC retains ownership of all intellectual property related to the Devices and the Platform. Users are granted a limited, revocable, non-transferable license to use the Devices and Services in compliance with these Terms.
User Data and Telemetry
The Platform collects telemetry data (e.g., position, speed, pressure) from Devices to provide insights, analytics, and alert functionalities.
Users retain ownership of their telemetry and personal data but grant Link My Gear LLC a non-exclusive, royalty-free license to use, process, and store such data for the purposes outlined in these Terms.
Aggregated, anonymized data generated by Link My Gear LLC is the sole property of Link My Gear LLC and may be used for research, analytics, and improvement of the Platform.
Third-Party Services
Certain functionalities of the Platform, such as alert notifications, rely on third-party service providers (e.g., SMS, Telegram, WhatsApp).
Link My Gear LLC does not guarantee the availability, reliability, or performance of these third-party services and disclaims all liability for damages arising from their use.
Data Sharing Consent for Alerts
By using the Platform’s alert functionality, Users consent to the sharing of their location and telemetry data with designated contacts and Link My Gear LLC’s contact center. This sharing is limited to the purposes of processing alerts and ensuring user safety.
Software and Firmware Updates
Link My Gear LLC may provide software or firmware updates to the Platform and Devices. Users agree to install updates as necessary to maintain proper functionality. Failure to update may result in degraded performance, for which Link My Gear LLC is not liable.
Assumption of Risk
By using the Platform and Devices, Users acknowledge and assume all risks associated with their activities, including but not limited to:
Inaccuracies or delays in telemetry data.
Failure of alerts or notifications to reach intended recipients.
Any injury, loss, or damage resulting from reliance on the Platform or Devices.
Prohibited Uses
Users agree not to use the Platform or Devices for:
Illegal, harmful, or fraudulent activities.
Commercial purposes without explicit written consent from Link My Gear LLC.
Any activity that violates these Terms or applicable laws.
Force Majeure
Link My Gear LLC shall not be held liable for any failure or delay in providing Services due to events beyond our reasonable control, including but not limited to acts of God, network failures, or regulatory restrictions.
Account Registration and Security
Registration Requirements
To access certain features of the Platform, you may be required to create an account. By registering for an account, you represent and warrant that:
All information provided during the registration process is accurate, complete, and up to date.
You will promptly update your account information if it changes to ensure its accuracy.
Account Credentials
You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password.
You agree to:
Use a strong password and regularly update it.
Notify Link My Gear LLC immediately if you suspect unauthorized access or a breach of your account.
Log out of your account at the end of each session, especially when accessing the Platform from public or shared devices.
Account Ownership
Accounts are personal to the User and may not be transferred, sold, or shared with others without explicit written consent from Link My Gear LLC.
Unauthorized Access and Activity
You are responsible for all activities conducted through your account, whether or not authorized by you.
If unauthorized access or activity is detected, Link My Gear LLC reserves the right to:
Temporarily suspend or permanently deactivate your account.
Investigate and take appropriate legal action, if necessary.
Suspension or Termination of Accounts
Link My Gear LLC may suspend or terminate your account at any time without prior notice if you violate these Terms, provide false information, or engage in unauthorized or harmful activities.
Account Deletion
You may delete your account at any time by contacting Link My Gear LLC or using the account settings provided on the Platform.
Upon account deletion:
All personal data associated with your account will be deleted in accordance with our Privacy Policy, subject to any legal or operational data retention requirements.
Aggregated or anonymized data may still be retained for analytical purposes.
User Responsibilities
You agree not to:
Use another person’s account without permission.
Create accounts using false identities, fraudulent information, or automated means.
Use your account for any unlawful, harmful, or fraudulent activities.
Account Recovery
If you lose access to your account, you may request recovery by providing sufficient proof of identity as required by Link My Gear LLC.
Link My Gear LLC is not responsible for account loss resulting from insufficient recovery information or unauthorized changes to your account credentials.
Right to Refuse Registration
Link My Gear LLC reserves the right to refuse account registration or access to the Platform to any individual at its sole discretion, provided such refusal does not violate applicable laws.
Liability Disclaimer
Link My Gear LLC is not liable for any losses or damages arising from:
Unauthorized access to your account.
Failure to comply with your obligations under this Section.
Errors or omissions in the registration process.
User Responsibilities
Compliance with Laws
You agree to use the Platform and Devices in compliance with all applicable local, state, national, and international laws, regulations, and industry standards.
It is your responsibility to determine whether the use of the Platform and Devices is lawful in your jurisdiction.
Acceptable Use
You agree not to:
Use the Platform or Devices for illegal, harmful, or fraudulent purposes.
Engage in activities that could damage, disable, overburden, or impair the Platform or interfere with other users’ access to the Services.
Attempt to gain unauthorized access to the Platform, user accounts, or systems connected to the Platform.
User-Generated Content
If you upload content (e.g., photos, videos, comments) to the Platform, you represent and warrant that:
The content is your original creation or you have the necessary rights and permissions to upload it.
The content does not infringe on the intellectual property, privacy, or other rights of any third party.
The content does not contain illegal, harmful, defamatory, or otherwise objectionable material.
You grant Link My Gear LLC a non-exclusive, worldwide, royalty-free license to use, store, display, and distribute your content as necessary to provide the Services.
Link My Gear LLC reserves the right to review, monitor, and remove any content uploaded to the Platform that violates these Terms or is deemed harmful.
Prohibited Activities
You agree not to:
Modify, reverse-engineer, decompile, or disassemble any part of the Platform or Devices.
Use the Platform or Devices to send spam, phishing messages, or other unsolicited communications.
Exploit the Platform or Devices for commercial purposes without explicit written permission from Link My Gear LLC.
Upload or transmit viruses, malware, or any other harmful code.
Use telemetry data obtained from the Platform for any unauthorized or commercial purpose without explicit written consent from Link My Gear LLC.
Accuracy of Information
You are responsible for ensuring the accuracy and completeness of any information you provide, including account details, telemetry data, and user-generated content.
Link My Gear LLC is not liable for errors or issues arising from inaccurate or incomplete information provided by you.
Device Usage
You are solely responsible for the proper use and maintenance of the Devices in accordance with the instructions provided by Link My Gear LLC.
Any unauthorized modifications, repairs, or misuse of the Devices may result in degraded functionality and void any applicable warranties or support agreements.
Users agree to dispose of Devices responsibly in compliance with local electronic waste disposal regulations.
Responsibility for Alerts
If you enable alert functionality, you are responsible for:
Configuring and maintaining accurate emergency contact details in your account.
Ensuring that those contacts are aware of their inclusion in the alert system.
Understanding that alert notifications are not guaranteed to be delivered or acted upon in all circumstances.
No Misrepresentation
You agree not to impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity when using the Platform or Devices.
Export Controls
You agree not to use, export, or re-export the Devices, Platform, or telemetry data in violation of any applicable export control laws or regulations, including those of the United States.
Indemnification
You agree to indemnify and hold harmless Link My Gear LLC, its officers, employees, and affiliates from any claims, damages, or expenses arising from:
Your violation of these Terms.
Your misuse of the Platform or Devices.
Your infringement of any rights of a third party, including intellectual property or privacy rights.
Reporting Misuse
You agree to promptly report any misuse of the Platform or Devices, security breaches, or violations of these Terms to Link My Gear LLC.
Waiver of Liability for User Negligence
Link My Gear LLC shall not be liable for any damages, injuries, or losses caused for your failure to adhere to these Terms and any warnings or instructions provided with the Devices or on the Platform..
6. Device Use and Data
Purpose of Devices
Devices provided by Link My Gear LLC are designed exclusively for personal, recreational use. They are not certified or intended for emergency, safety-critical, or life-saving purposes.
Users acknowledge that the Devices are not guaranteed to provide accurate or real-time telemetry data in all circumstances.
Device Ownership and Licensing
Devices remain the intellectual property of Link My Gear LLC. By purchasing or using a Device, you are granted a limited, non-exclusive, non-transferable license to use the Device in accordance with these Terms.
Unauthorized duplication, modification, or reverse-engineering of the Device is strictly prohibited.
Proper Use of Devices
Users are responsible for ensuring that Devices are used in accordance with the provided instructions and guidelines.
Unauthorized modifications, repairs, or improper handling of Devices may result in reduced functionality and void any applicable warranties or support agreements.
Data Collection
By using the Devices, you consent to the collection of telemetry data, which may include but is not limited to:
Position (GPS coordinates).
Speed, altitude, and pressure metrics.
Device usage logs and error reports.
This data is collected to provide the core functionalities of the Platform, including activity logging, analytics, and alert notifications.
Ownership of Data
Users retain ownership of the telemetry data generated by their Devices.
By using the Platform, you grant Link My Gear LLC a non-exclusive, royalty-free, perpetual license to:
Use, process, and store telemetry data for the purpose of providing Platform services.
Aggregate and anonymize data for research, analysis, and service improvement.
Data Sharing and Alerts
If alert functionality is enabled, telemetry data and location information may be shared with:
Designated emergency contacts configured in your account settings.
Link My Gear LLC’s contact center for processing alerts.
Emergency services or authorities, if deemed necessary by Link My Gear LLC, but without any obligation to do so.
Users consent to such data sharing for the purposes of safety and alert processing. This sharing is subject to the limitations outlined in Section 3.
Data Security
Link My Gear LLC employs industry-standard security measures to protect collected data. However, no system is entirely secure, and you acknowledge that data transmission may be subject to breaches beyond our control.
Users are responsible for securing their Devices to prevent unauthorized access.
Data Accuracy and Limitations
Link My Gear LLC does not guarantee the accuracy, completeness, or reliability of telemetry data.
Users agree not to hold Link My Gear LLC liable for errors or omissions in telemetry data or for any decisions made based on such data.
Device Maintenance
Users are responsible for maintaining their Devices, including:
Ensuring firmware updates are installed when available.
Replacing or repairing hardware components as needed to maintain functionality.
Link My Gear LLC is not liable for damages arising from failure to maintain Devices properly.
Device Updates and End-of-Life Policy
Link My Gear LLC may provide firmware or software updates to ensure the continued functionality and security of the Devices. Users are responsible for ensuring updates are installed promptly.
Link My Gear LLC reserves the right to discontinue support for certain Devices at the end of their lifecycle, with reasonable prior notice provided.
Disposal and Environmental Compliance
Users agree to dispose of Devices responsibly and in compliance with local electronic waste regulations.
Improper disposal may result in legal penalties, for which Link My Gear LLC assumes no responsibility.
Disclaimer for Environmental and Physical Conditions
Devices rely on environmental factors, such as GPS signals and atmospheric conditions, for telemetry data. Link My Gear LLC is not responsible for any inaccuracies, malfunctions, or failures caused by external factors, including, but not limited to, extreme weather, obstructions, or interference.
Restrictions on Device Resale
Devices are uniquely identified by their IMEI and are linked to the User’s account upon registration.
If a User wishes to resell or transfer their Device, they must:
Notify Link My Gear LLC to unlink the Device from their account.
Ensure that all data and personal configurations associated with the Device are erased.
Once a Device is unlinked:
Alert messages generated by the Device will no longer be processed by Link My Gear LLC’s contact center or forwarded to any designated contacts.
The Device will remain inactive in the system until a new user registers it through Link My Gear LLC.
Users are required to link their Device via Link My Gear LLC’s systems during initial setup to enable proper integration and functionality.
Export Compliance
Devices and telemetry data may be subject to export controls under U.S. law. Users agree not to export or re-export Devices or related data in violation of applicable laws.
Device Certifications and Regulatory Approvals
FCC Compliance (U.S. Only)
Certain Devices sold or distributed by Link My Gear LLC (“LMG”) may be classified as radio frequency (“RF”) devices subject to compliance with rules established by the Federal Communications Commission (FCC).
If your Device bears an FCC ID, it has been tested to comply with applicable FCC standards. However, using or modifying the Device in any way not expressly approved by LMG may void FCC authorization to operate the Device.
No Unauthorized Modifications: Users are prohibited from making hardware or software modifications that alter the Device’s RF emissions. Unauthorized modifications or changes may violate FCC regulations and lead to legal penalties.
CE Marking (EU/EEA)
Devices intended for distribution in the European Economic Area (EEA) or the United Kingdom may carry a CE mark to indicate conformity with EU/UK regulations (e.g., RED, EMC, or LVD directives).
User Responsibilities: If you import or use the Device in an EU/EEA member state, you are responsible for ensuring that usage complies with local radio frequency and safety regulations. Operating a device outside certified parameters may violate local laws.
Other Jurisdictions
LMG does not guarantee that the Devices meet regulatory approval or certifications outside the U.S. or EU. If you export, import, or use the Device in a country that requires specific compliance certifications, you assume responsibility for ensuring legal operation.
Local Regulatory Requirements: Users must inform themselves of local requirements (e.g., Industry Canada in Canada, MIC in Japan, Telec in Mexico, etc.). LMG disclaims liability for any penalties or harm resulting from non-compliant usage.
Frequency Bands and Licensing
License Requirements: Some frequency bands used by the Devices may require an operator’s license or special permit in certain jurisdictions. You are solely responsible for obtaining any such licenses or permits before using the Device.
Software Settings: You must not alter firmware settings to operate the Device in prohibited frequency bands or at power levels outside regulatory limits.
Import/Export Restrictions
The Devices may be subject to U.S. export controls and other trade regulations, as stated in Section 1 (Export Controls). You agree to comply with all applicable import/export laws in your country.
No Re-Export to Sanctioned Countries: By purchasing or using the Devices, you certify that you will not re-export the Devices or any related technology to countries or entities subject to U.S. embargoes or trade sanctions without obtaining all necessary government authorizations.
Disclaimer of Worldwide Compliance
No Guarantee: LMG makes no representation that the Devices or Platform comply with all applicable laws, regulations, or standards in every jurisdiction.
User Risk: If you choose to use or import the Devices in a region with stricter regulations, you do so at your own risk. LMG shall not be liable for any fines, penalties, or damages arising from non-compliant usage.
Recalls or Product Advisories
If a Device becomes subject to a government-mandated recall or compliance advisory, LMG may notify you (via email or the Platform) with instructions or recommendations.
You agree to follow any recall instructions promptly, including cessation of Device use or return of the Device if required by authorities.
Indemnification
You agree to indemnify and hold harmless LMG for any claims, fines, or damages resulting from your violation of regulatory requirements, including operating a Device in an unauthorized manner, importing Devices without required approvals, or misrepresenting compliance status to customs or law enforcement authorities.
Changes to Compliance Status
LMG reserves the right to modify or discontinue the Device if regulatory requirements change in ways that make continued production or distribution of the Device infeasible or unlawful.
LMG will make reasonable efforts to inform Users of significant regulatory changes, but shall not be liable for any losses resulting from such modifications or discontinuations.
Intellectual Property Rights
Ownership of Intellectual Property
All intellectual property rights related to the Platform, Devices, and Services, including but not limited to software, designs, trademarks, logos, and content provided by Link My Gear LLC, are the sole property of Link My Gear LLC or its licensors.
Aggregated and anonymized data generated from user activity on the Platform is the sole property of Link My Gear LLC and may be used for research, analytics, and service improvement without limitation.
Nothing in these Terms transfers ownership of any intellectual property rights to you.
License to Use the Platform and Devices
Link My Gear LLC grants you a limited, non-exclusive, non-transferable, revocable license to use the Platform and Devices solely for their intended purpose in accordance with these Terms.
This license does not permit:
Commercial use of the Platform or Devices without prior written consent.
Modification, reproduction, distribution, or creation of derivative works based on the Platform or Devices.
Reverse engineering, decompilation, or disassembly of the Platform, Devices, or any software used therein, except as expressly permitted by applicable law.
Trademarks
The trademarks, logos, and branding displayed on the Platform or Devices are the property of Link My Gear LLC or third-party licensors.
You may use Link My Gear LLC trademarks solely for factual or informational purposes, such as reviews, provided such use does not imply endorsement or affiliation. Any other use requires prior written approval.
User-Generated Content
You retain ownership of any content you upload to the Platform, including photos, videos, comments, and other user-generated materials.
By uploading content, you grant Link My Gear LLC a non-exclusive, worldwide, royalty-free, perpetual license to:
Use, store, display, reproduce, and distribute your content as necessary for providing the Services.
Aggregate, anonymize, and use content for analytics, research, and platform improvement.
Link My Gear LLC reserves the right to review, monitor, and remove any content uploaded to the Platform that violates these Terms or applicable laws.
Prohibited Uses of Intellectual Property
You agree not to:
Copy, modify, or distribute any part of the Platform or Devices without express written permission from Link My Gear LLC.
Use the intellectual property of Link My Gear LLC in any way that infringes upon these Terms or applicable laws.
Remove, alter, or obscure any copyright, trademark, or proprietary notices.
Use automated means, such as bots or crawlers, to access, extract, or use content or data from the Platform.
Feedback and Suggestions
Any feedback, suggestions, or ideas you provide to Link My Gear LLC regarding the Platform, Devices, or Services shall become the sole property of Link My Gear LLC.
Link My Gear LLC may use, implement, or commercialize such feedback without any obligation to compensate you.
Content Provided by Link My Gear LLC
All content provided by Link My Gear LLC, including instructional materials, marketing assets, and visual media, is protected by copyright and may not be reproduced or distributed without explicit written consent.
DMCA Compliance
If you believe content on the Platform infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA) to info@linkmygear.com, including the required information under 17 U.S.C. § 512(c)(3).
Retention of Intellectual Property Post-Termination
The provisions related to Link My Gear LLC’s intellectual property rights shall survive the termination of your account or these Terms.
Enforcement of Intellectual Property Rights
Link My Gear LLC reserves the right to enforce its intellectual property rights to the fullest extent permitted by law, including seeking injunctive relief, damages, and other remedies for unauthorized use or infringement.
Limitation of Liability
General Disclaimer of Liability
To the fullest extent permitted by applicable law, Link My Gear LLC and its officers, employees, affiliates, licensors, and service providers are not liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to:
Loss of profits, revenue, data, or business opportunities.
Personal injury or property damage resulting from the use of the Platform or Devices.
Failure of the Platform, Devices, or Services to meet your expectations.
No Guarantee of Functionality
Link My Gear LLC provides the Platform and Devices on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, express or implied, including but not limited to:
Warranties of merchantability, fitness for a particular purpose, and non-infringement.
Warranties that the Platform or Devices will operate uninterrupted, error-free, or free from defects.
Alerts and Notifications
Alerts and notifications provided by the Platform are not guaranteed to be delivered or acted upon in a timely manner or at all. You acknowledge that:
Alerts are for informational purposes only and are not a substitute for certified emergency response systems.
Link My Gear LLC assumes no liability for the accuracy or delivery of alert notifications.
Exclusion for Unauthorized Modifications
Link My Gear LLC is not liable for any damages or malfunctions resulting from unauthorized modifications, repairs, or tampering with the Devices or Platform.
Disclaimer for Data Accuracy
Link My Gear LLC does not warrant the accuracy, completeness, or timeliness of telemetry data collected by the Devices. Decisions based on such data are made at your own risk.
No Responsibility for Loss of Data
Link My Gear LLC is not responsible for any loss, corruption, or unauthorized access to your data, including telemetry, user-generated content, or account information.
Force Majeure
Link My Gear LLC shall not be held liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, network outages, or government actions.
Environmental and Physical Risks
You acknowledge that activities involving the Devices, such as skydiving or extreme sports, carry inherent environmental and physical risks, for which Link My Gear LLC is not liable.
Disclaimer for Third-Party Services
Link My Gear LLC relies on third-party providers for certain services, including alert notifications and messaging. Link My Gear LLC is not responsible for delays, errors, or failures caused by these providers.
Limitation of Damages
In no event shall the total liability of Link My Gear LLC exceed the greater of:
The amount you paid for the specific Device or Service giving rise to the claim.
One hundred U.S. dollars (USD $100).
Pre-Approval for Certain Claims
Users must provide written notice to Link My Gear LLC regarding any claim or issue and allow a reasonable period for resolution before pursuing legal action.
Assumption of Risk
By using the Platform and Devices, you acknowledge and accept the inherent risks associated with their use, including:
Inaccuracies or delays in telemetry data.
Physical or environmental risks associated with activities tracked by the Devices.
Indemnification
You agree to indemnify, defend, and hold harmless Link My Gear LLC, its officers, employees, affiliates, licensors, and service providers from any claims, damages, or expenses arising from:
Your violation of these Terms.
Your use or misuse of the Platform, Devices, or Services.
Your infringement of any rights of a third party, including intellectual property or privacy rights.
Jurisdictional Limitations
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such cases, the liability of Link My Gear LLC shall be limited to the maximum extent permitted by applicable law.
Survival of Provisions
The limitations of liability outlined in this Section shall survive the termination of your account or use of the Platform.
Insurance and No-Emergency-Use Disclaimer
No Insurance Coverage Provided
Link My Gear LLC (“LMG”) does not provide, arrange, or carry any form of insurance on behalf of Users. By using the Platform and Devices, you acknowledge and agree that:
■You are solely responsible for obtaining and maintaining any personal, property, medical, life, or other insurance coverage that you deem necessary or advisable for your activities (including, but not limited to, skydiving or other extreme sports).
■You understand that LMG’s Services do not replace any form of insurance coverage, nor do they provide financial protection for damages, injuries, or losses arising from your activities.
No Substitute for Emergency Services
The Platform and Devices are not designed or certified to replace professional rescue, first response, or law enforcement services in any jurisdiction.
Alert Functionality (if applicable) is offered solely for informational purposes and convenience. Delivery of alerts may be delayed, interrupted, or fail entirely for reasons beyond our control, including network outages or Device malfunctions.
Users should not rely on LMG’s Devices or the Platform as a primary means of summoning emergency aid. Always use officially recognized channels (e.g., calling 911 or other local emergency numbers) for urgent medical, rescue, or law enforcement assistance.
User’s Responsibility for Risk Assessment
You acknowledge that participation in extreme activities such as skydiving, BASE jumping, paragliding, or similar pursuits carries inherent risks, and you assume full responsibility for evaluating and mitigating those risks.
LMG does not assess the suitability or safety of any particular environment, weather condition, or activity. You agree to seek professional guidance and take appropriate safety measures.
Release of Liability
To the fullest extent permitted by law, you hereby release, waive, and discharge LMG from any claims, losses, or damages related to:
■Lack of insurance coverage or underinsurance for any injuries or property damage you may incur.
■Delays, inaccuracies, or failures in any alert feature or other non-emergency functionalities.
This release of liability supplements and does not limit other disclaimers or liability limitations stated throughout these Terms.
Indemnification for Uninsured Claims
If any third party (including family members, beneficiaries, or others) brings a claim against LMG due to injuries or damages sustained by you—and such injuries or damages are not covered by your personal insurance—you agree to indemnify and hold LMG harmless from all resulting liabilities, costs, or expenses, including reasonable attorneys’ fees.
Mandatory Compliance with Local Emergency Protocols
Where local laws or regulations require certain emergency devices (e.g., personal locator beacons, special insurance policies, licensed radio equipment, etc.), you agree that LMG’s Platform is not a substitute for those legally mandated devices or services.
You remain solely responsible for adhering to such legal requirements and ensuring you have lawful and adequate equipment during high-risk activities.
No Warranty for Life-Saving Use
LMG expressly disclaims any warranty or representation that its Devices or Services can or will provide life-saving assistance. The Platform is provided “AS IS” and “AS AVAILABLE,” with no guarantee of reliability, timeliness, or accuracy in life-threatening scenarios.
This disclaimer is in addition to other disclaimers set forth in Sections 8 and 13 of these Terms (or whichever sections govern disclaimers and liability limitations).
Indemnification
General Indemnification
You agree to indemnify, defend, and hold harmless Link My Gear LLC, its affiliates, officers, directors, employees, contractors, agents, licensors, and service providers (collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:
Your use or misuse of the Platform, Devices, or Services.
Your violation of these Terms.
Your infringement of any third-party rights, including intellectual property, privacy, or proprietary rights.
Your failure to comply with any applicable laws or regulations in connection with your use of the Platform or Devices.
The resale or transfer of a Device without proper unlinking from your account or compliance with these Terms.
Indemnification for Uploaded Content
You are responsible for the legality, accuracy, and appropriateness of any content you upload to the Platform. You agree to indemnify Link My Gear LLC for any claims arising from content that violates intellectual property, privacy, or other rights, including defamation, copyright infringement, or obscenity.
Indemnification for Misrepresentation
You agree to indemnify Link My Gear LLC for any claims, damages, or losses arising from your misrepresentation of identity, ownership of a Device, or the accuracy of data provided.
Regulatory Compliance
You agree to indemnify Link My Gear LLC for any penalties, legal costs, or damages resulting from your violation of applicable laws or regulations in connection with the Platform or Devices.
Notification of Claims
In the event of a claim subject to indemnification:
Link My Gear LLC will promptly notify you in writing of the claim.
You agree to cooperate fully in the defense or settlement of the claim.
Link My Gear LLC reserves the right to assume the exclusive defense and control of any matter subject to indemnification at your expense.
Right to Settle Claims
Link My Gear LLC reserves the right to settle any claim, at your expense, if the settlement is deemed reasonable and in the best interests of the company.
Costs and Expenses
You agree to reimburse the Indemnified Parties for all reasonable legal fees, settlements, or damages incurred as a result of claims covered by this indemnification obligation.
Third-Party Services
You agree to indemnify Link My Gear LLC for claims, damages, or costs arising from your misuse of third-party services integrated with the Platform, including unauthorized actions performed through such services.
Exclusion for Force Majeure
Link My Gear LLC shall not be obligated to indemnify claims arising from events outside its reasonable control, including force majeure events such as natural disasters, acts of God, pandemics, or regulatory actions.
Survival of Indemnification Obligations
Your indemnification obligations under this Section will survive the termination of your account, your use of the Platform or Devices, or these Terms.
Payment and Billing
Payment Obligations
By purchasing Devices or subscribing to Services through the Platform, you agree to pay all applicable fees and charges in accordance with the terms and pricing provided at the time of purchase.
All payments are due immediately unless otherwise specified in the applicable purchase terms.
Accepted Payment Methods
Link My Gear LLC accepts payments through credit cards, debit cards, and other methods as specified on the Platform.
You authorize Link My Gear LLC or its third-party payment processors to charge the payment method you provide for all purchases and subscriptions.
Subscription Services
Certain features of the Platform may require a recurring subscription. By subscribing, you agree to:
Pay the subscription fee in advance for the billing cycle specified at the time of purchase.
Allow automatic renewal of your subscription unless you cancel prior to the renewal date.
Cancellation of a subscription will take effect at the end of the current billing cycle, and no refunds will be provided for partial periods unless required by law.
You authorize Link My Gear LLC to charge your payment method at the start of each billing cycle until you cancel.
Currency Conversion and Fees
Payments made in currencies other than U.S. dollars will be converted at your financial institution’s applicable exchange rate. You are responsible for any currency conversion or foreign transaction fees.
Refund Policy
All sales are final, and fees are non-refundable unless explicitly stated otherwise in the applicable purchase terms or required by law.
Refunds for defective Devices or Services will be considered on a case-by-case basis. Requests must be submitted within 30 days of the original purchase date.
If Link My Gear LLC discontinues a subscription service, you will receive a prorated refund for the unused portion of your subscription, unless otherwise stated in the applicable terms.
Late Payments and Grace Period
If payment is not received by the due date, Link My Gear LLC reserves the right to:
Suspend or terminate your access to the Platform or Services.
Charge late fees or interest, as permitted by applicable law.
A grace period of up to 5 days may be provided for you to resolve payment failures. Failure to do so within the grace period may result in account suspension.
Chargebacks and Fraudulent Disputes
Unauthorized chargebacks or disputes deemed fraudulent by Link My Gear LLC may result in immediate account suspension or termination. Users are responsible for reimbursing all costs associated with resolving such disputes, including legal fees, chargeback fees, and administrative costs.
Taxes
You are responsible for paying all applicable taxes, duties, or levies imposed on your purchase or use of the Devices and Services, except for taxes based on Link My Gear LLC’s income.
Promotions and Discounts
Promotions and discounts are offered at Link My Gear LLC’s sole discretion. Disputes regarding eligibility or application of promotions must be raised within 15 days of the transaction.
Bundled Products and Services
If you purchase a bundled product or service, any cancellation or refund request will apply only to the unused portion of the bundle, subject to the specific terms of the offer.
Termination and Outstanding Payments
If your account is terminated, voluntarily or involuntarily, you remain responsible for any unpaid amounts owed to Link My Gear LLC.
Link My Gear LLC reserves the right to pursue legal action or use collection agencies to recover outstanding payments.
Security and Fraud Prevention
Link My Gear LLC employs industry-standard measures to protect payment information. However, you are responsible for ensuring the security of your payment methods and notifying Link My Gear LLC immediately of any suspected fraud or unauthorized transactions.
No Resale or Transfer of Services
Services purchased through the Platform are intended for your personal use and may not be resold, transferred, or assigned to another party without prior written approval from Link My Gear LLC.
11. Termination of Services
Termination by Link My Gear LLC
Link My Gear LLC reserves the right to terminate or suspend your access to the Platform, Devices, or Services at its sole discretion, with or without notice, for any of the following reasons:
Violation of these Terms or any applicable laws or regulations.
Non-payment of fees or charges owed to Link My Gear LLC.
Fraudulent, harmful, or unauthorized use of the Platform, Devices, or Services.
Actions that disrupt or impair the functionality or security of the Platform or Devices.
Receipt of credible allegations or evidence of misuse or infringement of third-party rights.
Compliance with legal, regulatory, or law enforcement requirements.
Termination by User
You may terminate your account and use of the Platform at any time by:
Following the account deletion process in the Platform settings.
Providing written notice to Link My Gear LLC, specifying your desire to terminate the account.
Upon termination by the user:
You remain responsible for any unpaid fees or outstanding balances.
No refunds will be issued for partial periods of subscription or prepaid services unless required by law or explicitly stated otherwise.
Effect of Termination
Upon termination of your account or Services, the following actions will occur:
Access to the Platform and its features, including linked Devices, will be immediately revoked.
Any telemetry data or user-generated content may be deleted in accordance with the Privacy Policy, except where retention is required for legal, regulatory, or investigative purposes.
Aggregated and anonymized data derived from your use of the Platform may continue to be retained and used by Link My Gear LLC.
Devices linked to the terminated account will no longer be supported by the Platform, and their functionality will be limited as outlined in Section 6.
Survival of Obligations
The following provisions shall survive termination of your account or Services:
Ownership of intellectual property (Section 7).
Limitation of liability (Section 8).
Indemnification obligations (Section 9).
Payment obligations for unpaid fees (Section 10).
Governing law and dispute resolution provisions.
Non-Circumvention
Users whose accounts have been terminated are prohibited from creating new accounts or accessing the Platform or Services through any other means without prior written approval from Link My Gear LLC.
Arbitration for Disputes
Any disputes arising from or related to the termination of your account or access to the Platform shall be resolved through binding arbitration in accordance with the dispute resolution provisions of these Terms.
Reinstatement Conditions
Requests for reinstatement of a terminated account may be considered at the sole discretion of Link My Gear LLC. Reinstatement is contingent upon:
Full payment of any outstanding fees or charges owed.
Payment of any applicable reinstatement fees.
Agreement to any additional terms or conditions set forth by Link My Gear LLC.
Notification of Termination
In the event of termination initiated by Link My Gear LLC:
Users will be notified via the email address on file or through the Platform.
The notice will specify the reason for termination, except where disclosure could compromise investigations or legal actions.
Waiver of Liability for Termination
You agree that Link My Gear LLC shall not be liable to you or any third party for any termination or suspension of your account, access to the Platform, or Services, except as explicitly stated in these Terms.
12. Governing Law and Dispute Resolution
Governing Law
These Terms, and any disputes arising out of or related to them, shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. In the event of a conflict between the laws of Delaware and the laws of another jurisdiction, the laws of Delaware shall prevail to the fullest extent permitted by applicable law.
Jurisdiction and Venue
Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the federal or state courts located in Delaware. You hereby consent to the personal jurisdiction and venue of such courts and waive any objections based on inconvenient forum or lack of jurisdiction.
Mandatory Arbitration
Binding Arbitration: Any dispute, controversy, or claim arising out of or related to these Terms, the Platform, or Devices, including the breach, termination, or validity thereof, shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.
Arbitration Location: The arbitration shall be conducted in Delaware unless the parties mutually agree to a different location.
Arbitration Costs: Each party shall bear its own costs and expenses associated with the arbitration, including attorneys’ fees, unless otherwise awarded by the arbitrator.
Confidentiality: All arbitration proceedings, including submissions, evidence, and awards, shall remain confidential and not be disclosed to any third party without the prior written consent of both parties, except as required by law.
Enforcement: Any arbitration award may be enforced in any court of competent jurisdiction, including courts located in Delaware.
Opt-Out of Arbitration
You may opt out of the mandatory arbitration provision within 30 days of first accepting these Terms by providing written notice to Link My Gear LLC at info@linkmygear.com. Opting out does not affect the applicability of the remaining provisions in this Section.
Class Action Waiver
You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class, consolidated, or representative action. The arbitrator may not consolidate the claims of multiple parties or otherwise preside over any form of a representative or class proceeding.
Informal Resolution of Disputes
Notice of Dispute: Before initiating arbitration or legal action, you agree to contact Link My Gear LLC at info@linkmygear.com to attempt to resolve the dispute informally.
Resolution Period: Both parties agree to make good-faith efforts to resolve the dispute within 30 days of notice. If the dispute is not resolved within this timeframe, either party may proceed with arbitration or legal action.
Limitation on Time to File Claims
To the fullest extent permitted by applicable law, any claim or cause of action you may have arising out of or related to these Terms, the Platform, Devices, or Services must be filed within one (1) year after the claim or cause of action arises. Failure to do so will result in a permanent bar of such claim or cause of action.
Small Claims Exception
Notwithstanding the mandatory arbitration clause, either party may bring claims in small claims court if the claims fall within the jurisdictional limits of such courts.
Injunctive Relief and IP Disputes
Disputes involving the misuse or infringement of intellectual property rights shall be resolved exclusively in the state or federal courts located in Delaware. Link My Gear LLC may seek injunctive or other equitable relief in any court of competent jurisdiction.
Waiver of Jury Trial
To the fullest extent permitted by law, both parties waive any right to a jury trial in connection with disputes arising out of or related to these Terms, the Platform, or Devices.
Attorney’s Fees for Meritless Claims
If Link My Gear LLC prevails in any dispute, whether through arbitration or court proceedings, you shall reimburse all reasonable attorneys’ fees, costs, and expenses incurred in connection with the dispute.
Severability of Dispute Resolution Provisions
If any part of this Section is found to be invalid, unenforceable, or unlawful, the remaining provisions shall remain in full force and effect.
13. Disclaimers
No Warranties
The Platform, Devices, and Services are provided “AS IS” and “AS AVAILABLE,” without any warranties, express or implied, including but not limited to:
Warranties of merchantability, fitness for a particular purpose, non-infringement, or availability.
Warranties that the Platform or Devices will be uninterrupted, error-free, secure, or free of harmful components.
Link My Gear LLC disclaims all liability for incidental or consequential damages arising from the use of the Platform or Devices.
Recreational Use Only
The Devices and Platform are intended for recreational use only and are not designed or certified for:
Emergency response or life-saving purposes.
Professional, safety-critical, or regulatory-compliant applications.
The use of Devices is further subject to the Release of Liability and Assumption of Risk Agreement provided at the time of purchase.
Accuracy of Data
While Link My Gear LLC strives to provide accurate and reliable telemetry and activity data, the accuracy of such data is not guaranteed.
Factors such as environmental conditions, network outages, and user handling may affect the reliability of telemetry data.
User Responsibility
You are solely responsible for the proper use, maintenance, and operation of the Devices. Failure to adhere to provided instructions or guidelines may result in degraded functionality, for which Link My Gear LLC assumes no liability.
Network and Environmental Dependencies
The functionality of the Devices and Platform depends on third-party networks, such as GPS and cellular services, as well as environmental conditions. Link My Gear LLC disclaims liability for interruptions, inaccuracies, or failures caused by these dependencies.
Third-Party Services
The Platform may integrate with third-party services such as SMS, Telegram, or WhatsApp for notifications and alerts. Link My Gear LLC:
Makes no guarantees regarding the availability, performance, or accuracy of these third-party services.
Disclaims liability for delays, errors, or failures caused by these services.
Limitations of Alerts
Alerts and notifications provided by the Platform are intended solely for informational purposes and are not a substitute for certified emergency response systems. Link My Gear LLC does not guarantee that alerts will be timely, accurate, or actionable.
Link My Gear LLC assumes no liability for actions taken or not taken based on alerts or notifications provided by the Platform or Devices.
Data Storage and Security
While Link My Gear LLC employs industry-standard measures to protect user data, the Platform is provided “AS IS” with no guarantees of data security or integrity. Users are responsible for maintaining backups of their data.
Beta Features
Experimental or beta features may be withdrawn or altered at any time without notice. Users acknowledge that data loss, inaccuracies, or functionality issues may occur when using these features.
No Warranty for Interoperability
Link My Gear LLC makes no warranties regarding the interoperability of its Devices or Platform with third-party hardware, software, or services.
Prohibited Use in High-Risk Activities
The Devices and Platform are not intended for use in high-risk activities, including but not limited to life-critical or mission-critical applications, where the failure of the Devices or Platform could result in significant harm.
Force Majeure
Link My Gear LLC is not responsible for delays or failures caused by events beyond its reasonable control, including but not limited to:
Acts of God, natural disasters, pandemics, government actions, network outages, or supply chain disruptions.
Local Consumer Protections and Non-Excludable Rights
Applicability of Local Laws
While these Terms are governed by Delaware law in the United States, certain jurisdictions may grant you specific legal rights that cannot be waived or disclaimed by contract (“Non-Excludable Rights”). If you reside in a jurisdiction where applicable consumer-protection laws or regulations provide mandatory legal rights, nothing in these Terms shall limit or exclude those rights.
Mandatory Consumer Guarantees
In some jurisdictions (e.g., the European Union, United Kingdom, Australia, certain U.S. states), consumers may be entitled to statutory warranties or guarantees regarding the quality, fitness, and safety of goods or services. These guarantees may apply even if we disclaim warranties under U.S. law.
To the extent such mandatory consumer protections apply, our disclaimers and limitations of liability (Sections 8 and 13) shall be interpreted in compliance with those protections.
Non-Waiver of Statutory Rights
If your local law grants you additional legal protections or remedies as a consumer, and such rights cannot be waived by contract, we do not seek to override or waive them. Instead, these Terms will be read to give full effect to those mandatory provisions.
Where a direct conflict exists between these Terms and mandatory laws in your jurisdiction, the mandatory laws shall govern to the extent of such conflict.
Severability for International Users
If a court or regulator in your jurisdiction finds any provision of these Terms unenforceable due to local consumer-protection laws, the offending provision(s) shall be severed or reformed to comply with those laws, and the remaining provisions shall remain in full force and effect.
Consumer Remedies and Dispute Resolution
If mandatory consumer laws in your jurisdiction provide for different dispute resolution processes (e.g., filing in local consumer tribunals or extended time frames for claims), you may be entitled to those processes or timelines. You agree, however, that to the maximum extent permitted by law, these Terms—including Section 12 (Governing Law and Dispute Resolution)—still apply.
Limitations for Business Users
If you are using the Platform or Devices in a commercial context (i.e., not as a “consumer” under local law), you agree that the broader disclaimers and liability limitations permitted by Delaware law shall apply, except to the extent explicitly prohibited by local legislation.
Disclaimer of Unavailable Protections
If you are using the Platform from a jurisdiction that does not afford you any enhanced consumer rights or protections, or if certain protections do not apply to your type of usage (e.g., business/commercial usage), our disclaimers and limitations on liability apply in full as outlined elsewhere in these Terms.
Contact for Questions on Local Rights
If you have questions about how local consumer laws in your jurisdiction might affect your rights under these Terms, we encourage you to consult your local consumer-protection agency or seek independent legal advice.
Privacy and Data Usage
Explicit User Consent
By creating an account, registering a Device, or using the Platform, you explicitly consent to the collection, use, processing, and sharing of your data as described in these Terms and the Privacy Policy.
Types of Data Collected
Personal Information: Includes name, email address, phone number, billing and shipping addresses, login credentials, and payment details.
Device and Telemetry Data: Includes GPS coordinates, speed, altitude, pressure, IMEI numbers, and event history.
Technical Information: Includes IP addresses, browser types, operating systems, cookies, and session activity.
Purpose of Data Collection
To enable core Platform features, process telemetry data, generate alerts, analyze user behavior, and improve services.
To comply with legal obligations and respond to lawful requests.
Data Sharing
Data may be shared with:
Third-Party Providers: For cloud storage, messaging services, and payment processing.
Designated Contacts: Location and alert data shared with emergency contacts or authorities.
Authorities: Location data may be shared during alerts at Link My Gear LLC’s discretion.
User Responsibility
You are responsible for ensuring the lawful use and sharing of any data provided through the Platform, including obtaining consent from third parties where required.
Data Security
Link My Gear LLC uses encryption, access controls, and other measures to protect data but does not guarantee absolute security.
Disclaimer for Data Accuracy and Availability
Link My Gear LLC is not responsible for inaccuracies in telemetry data or unavailability due to user actions, network issues, or technical errors.
Data Retention and Ownership
Personal data is retained as long as necessary for service delivery or legal compliance.
Aggregated and anonymized data is owned by Link My Gear LLC and may be used indefinitely.
Data Transfers
International data transfers are conducted in compliance with applicable laws using mechanisms such as Standard Contractual Clauses (SCCs).
User Rights
Users may request access, correction, or deletion of personal data, subject to legal retention requirements.
Liability for Violations
You agree to indemnify Link My Gear LLC for any claims arising from your misuse of data or violations of privacy laws.
Specific Protections for Minors
The Platform is not intended for use by individuals under 18. If data from a minor is collected, please contact Link My Gear LLC for deletion.
Changes to Privacy Practices
Link My Gear LLC reserves the right to update this Privacy and Data Usage policy at any time. Notice of significant changes will be provided via email or the Platform.
Cookies and Tracking Technologies
Use of Cookies and Similar Technologies
The Platform may use cookies, web beacons, pixels, tags, local storage, and other tracking technologies (collectively, “Cookies”) to enhance user experience, enable certain functionalities, and analyze usage patterns.
By using the Platform, you consent to our use of Cookies as described in these Terms and our Privacy Policy, except where prohibited by law.
Types of Cookies
Essential Cookies: Required for the basic operation of the Platform, such as session management and user authentication.
Analytics/Performance Cookies: Help us understand how users interact with the Platform, so we can improve functionality and user experience.
Functionality Cookies: Remember user preferences and personalize content.
Advertising Cookies (if applicable): May be used to deliver relevant ads or track ad performance across different websites or platforms.
Third-Party Cookies: Some Cookies may be placed by third parties (e.g., analytics or advertising partners) and are subject to those third parties’ cookie policies.
Purpose of Data Collection via Cookies
Authentication and Security: Cookies help us identify you when you log in and keep your account secure.
Preferences and Customization: Storing your settings, such as language preferences or region-specific features.
Analytics and Performance: Collecting data on how you use the Platform (e.g., pages visited, time spent, click patterns) to optimize performance and enhance user experience.
Advertising (if applicable): Serving and measuring the effectiveness of targeted advertisements.
Third-Party Analytics
We may use third-party analytics providers (e.g., Google Analytics or similar) that set and read their own Cookies to collect information about your use of the Platform.
We do not control these third-party Cookies and disclaim liability for their data handling practices. For more information, please refer to the relevant third-party privacy and cookie policies.
User Choices
Browser Controls: Most web browsers allow you to manage or block Cookies via browser settings. You may also delete Cookies that have already been placed on your device. However, blocking certain Cookies may impair the functionality of the Platform.
Opt-Out Mechanisms: Some third-party analytics services offer their own opt-out methods. For example, Google provides a browser add-on to opt out of Google Analytics tracking.
Platform Settings (if applicable): If the Platform offers in-app controls for managing Cookies or similar technologies, these can be found in the user account or privacy settings.
Do Not Track (DNT) Requests
Certain browsers offer a DNT setting that sends a signal to websites indicating a preference to not be tracked. Our Platform does not currently respond to DNT signals, except where required by law.
Additional Disclosures
For more information on how we collect, use, and share information through Cookies and other tracking technologies, please see our Privacy Policy.
To the extent required by local law, we will provide additional disclosures and obtain consent for certain Cookies through pop-up notices or banners on our Platform.
Changes to This Section
We may update this Cookies and Tracking Technologies section to reflect changes in technology, law, or our data practices. We will notify you of any material changes as outlined in Section 15 (Modifications to the Terms).
Modifications to the Terms
Right to Modify
Link My Gear LLC reserves the right to update, revise, or modify these Terms at any time, at its sole discretion, to reflect:
Changes in legal, regulatory, or operational requirements.
Enhancements to Services, Platform functionality, or Devices.
Adjustments to fees, payment terms, or other commercial terms.
Notification of Changes
Users will be notified of material changes to these Terms through one or more of the following methods:
Email sent to the address on file for your account.
Notice posted on the Platform or presented during login.
Other communication channels as deemed appropriate by Link My Gear LLC.
Effective Date
Changes to these Terms will become effective on the date specified in the notification, unless otherwise stated. Certain updates, including those required to comply with applicable laws, address security vulnerabilities, or prevent fraudulent activity, may become effective immediately upon notice.
User Review and Automatic Acceptance
It is your responsibility to review the updated Terms upon receiving notice. Your continued access or use of the Platform, Devices, or Services following the effective date constitutes your acknowledgment and acceptance of the updated Terms.
Opt-Out of Material Changes
If you do not agree to material changes, you may terminate your account and discontinue use of the Platform, Devices, and Services within 30 days of receiving notice, without penalty for early termination.
Non-Material Changes
Non-material changes, such as clarifications, updates to contact information, or typographical corrections, may be made without prior notice. Continued use of the Platform constitutes acceptance of such updates.
Revision Archive
Previous versions of these Terms will be available on the Platform for a period of 12 months following their revision, unless otherwise required by law. Users may request access to older versions by contacting Link My Gear LLC.
Limitation of Liability for Changes
Link My Gear LLC shall not be liable for any damages or losses arising from modifications to these Terms, including changes to Services, features, or operational policies.
Jurisdiction-Specific Compliance
If applicable law restricts the modification of terms without explicit user consent, the changes will apply only to users who provide such consent or as otherwise permitted by law.
Miscellaneous Provisions
Entire Agreement
These Terms, along with the Privacy Policy and any other agreements expressly incorporated herein, constitute the entire agreement between you and Link My Gear LLC regarding the Platform, Devices, and Services. They supersede any prior agreements or understandings, whether written or oral.
No Waiver
The failure of Link My Gear LLC to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be made in writing and signed by an authorized representative of Link My Gear LLC. Any delay or failure to enforce does not establish precedent for future enforcement.
Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions shall remain in full force and effect.
Assignment
You may not assign or transfer these Terms, or your rights or obligations under them, without prior written consent from Link My Gear LLC. Link My Gear LLC may assign or transfer its rights and obligations under these Terms without restriction.
Force Majeure
Link My Gear LLC shall not be liable for delays or failures in performance resulting from events beyond its reasonable control, including acts of God, natural disasters, pandemics, government actions, network outages, labor disputes, or supply chain disruptions.
Survival
Provisions that by their nature should survive termination of these Terms shall do so, including but not limited to:
Governing law and dispute resolution (Section 12).
Limitation of liability (Section 8).
Indemnification (Section 9).
Privacy and data usage obligations (Section 14).
Notices
Notices to Link My Gear LLC must be sent to info@linkmygear.com. Notices to you may be sent via email, posted on the Platform, or communicated through other appropriate channels.
Relationship of the Parties
Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Link My Gear LLC. Both parties agree that they are independent contractors.
Export Controls
The Platform and Devices may be subject to export control laws and regulations. You agree to comply with all applicable export laws and not to transfer or use the Platform or Devices in any restricted jurisdiction.
Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Link My Gear LLC.
Headings and Interpretation
Headings in these Terms are for convenience only and shall not affect the interpretation of any provisions. Ambiguities shall not be construed against the drafter.
Governing Authority
These Terms shall be construed and interpreted in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
No Modifications by Users
You may not modify, supplement, or amend these Terms in any way. Any attempt to do so will be null and void unless expressly agreed upon in writing by an authorized representative of Link My Gear LLC.
Classwide Arbitration and Litigation Prohibition
To the fullest extent permitted by law, you agree to resolve disputes only on an individual basis and waive any right to participate in classwide arbitration or litigation.
Technological Changes
Link My Gear LLC reserves the right to modify, replace, or discontinue any features of the Platform, Devices, or Services at its discretion without notice or liability, except as otherwise required by law.
Electronic Signatures and Communications
Consent to Electronic Signatures
By accessing or using the Platform, Devices, or Services, you agree that any agreement or consent required under these Terms may be executed or delivered via electronic means. Your click-through or affirmative confirmation (e.g., clicking “I Agree”) constitutes a legally binding electronic signature for all purposes, with the same effect as a handwritten signature.
Electronic Disclosures and Notices
You consent to receive all communications, notices, disclosures, and other information (“Communications”) electronically, whether via email, Platform notifications, or other digital channels. You acknowledge that such electronic Communications satisfy any legal requirement that such communications be in writing.
Methods of Delivery: We may provide Communications via (i) the email address you provided during account creation, (ii) account notifications within the Platform, or (iii) updates posted on our website.
E-SIGN Act and Equivalent Laws
To the extent applicable, you acknowledge and agree that you have the requisite hardware and software to receive, open, and print or otherwise access and retain any electronic Communications we send, as required by the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act) or equivalent laws in other jurisdictions.
If local laws provide additional standards for electronic signatures or notices, you affirm that your electronic acceptance here meets or exceeds such standards.
Withdrawal of Consent
Right to Withdraw: In certain jurisdictions, you may have the right to withdraw consent to receive Communications electronically. If you wish to withdraw consent, contact us at info@linkmygear.com.
Consequences: Withdrawing consent to electronic Communications may result in reduced functionality or termination of your account or Services if we cannot effectively provide required notices or disclosures in a non-electronic format.
Responsibility to Update Contact Information
You are responsible for keeping your primary email address and other contact details updated in your account settings. We are not liable for any lost or misdirected Communications caused by your failure to maintain accurate contact information.
Paper Copies
We typically do not provide paper copies of Communications. However, if you request a paper copy of any particular Communication, we may, at our discretion, provide one and may charge a reasonable fee for postage, handling, or reproduction costs, unless prohibited by applicable law.
Validity of Electronic Records
Any records or documents provided electronically are admissible in judicial or administrative proceedings and are presumed to be valid and accurate representations of the original if they were created, sent, or stored in a secure and reliable manner.
Retention
We recommend that you print or save a copy of these Terms, along with any notices or other Communications, for your own records. Electronic Communications are deemed received by you upon delivery to your electronic address, or upon posting to the Platform, as applicable.
Accessibility and ADA Compliance
Commitment to Accessibility
Link My Gear LLC (“LMG”) is committed to making the Platform accessible to individuals with disabilities. We aim to follow applicable accessibility standards, such as the Web Content Accessibility Guidelines (WCAG), to the extent commercially reasonable and technically feasible.
Scope of Accessibility Efforts
Our efforts include, but are not limited to:
Regularly reviewing the Platform’s user interface and design elements for compliance with recognized accessibility standards.
Implementing features or functionalities that enhance the user experience for those using assistive technologies (e.g., screen readers, keyboard navigation).
Providing alternative text for images, clear and consistent navigation, and other recommended best practices where applicable.
No Guarantee of Full Accessibility
While we strive to meet accessibility guidelines, we do not guarantee that every feature or function of the Platform will be fully accessible to every individual under all circumstances.
Factors such as third-party integrations, user-generated content, or rapid technological changes may affect the accessibility of certain aspects of the Platform.
User Responsibilities and Third-Party Content
Users who upload or share content on the Platform are responsible for ensuring that their content is accessible where reasonably possible (e.g., adding captions to videos, providing descriptive text for images).
LMG disclaims liability for any non-accessible content created or provided by users, third-party services, or integration partners.
Requesting Accommodations
If you experience difficulty accessing any part of the Platform due to a disability, or if you need additional assistance, please contact us at info@linkmygear.com.
We will make reasonable efforts to address your concerns and provide the information or functionality you seek through alternative means, if feasible.
Feedback and Reporting
We welcome feedback on how we can improve the Platform’s accessibility. If you encounter an accessibility barrier, notify us at info@linkmygear.com with a description of the issue and your contact information.
LMG will endeavor to respond to accessibility-related inquiries within 30 business days, although response times may vary.
Local Accessibility Regulations
These efforts are primarily aligned with U.S. federal laws (e.g., the Americans with Disabilities Act) and relevant U.S. state laws. If you are located in a different jurisdiction with specific web accessibility requirements (e.g., the UK Equality Act 2010, EU Web Accessibility Directive), you acknowledge that we will make commercially reasonable efforts to comply, but we do not guarantee full compliance with non-U.S. standards.
No Private Right of Action Outside Applicable Law
Nothing in this section creates or enlarges any legal obligation or private right of action, except as mandated by applicable law. In jurisdictions where web accessibility legislation or guidelines apply, we will comply to the extent required by law, but do not provide any additional warranties or guarantees beyond that scope.
Severability
If any part of this Accessibility section is found to be invalid or unenforceable under applicable law, the remaining provisions shall remain in effect to the fullest extent permitted by law.
Contact Information
General Inquiries
For general questions about the Platform, Devices, or Services, you may contact Link My Gear LLC using the following information:
Email: info@linkmygear.com
Phone: (916) 883-1596
Mailing Address: 3400 Cottage Way, Ste G2 #19883 Sacramento , California 95825 US
Legal Notices
Any legal notices, including but not limited to notices of disputes, claims, or requests related to privacy rights, must be submitted in writing to the following address:
Legal Department Link My Gear LLC 3400 Cottage Way, Ste G2 #19883 Sacramento , California 95825 US info@linkmygear.com
Reporting Issues
To report issues such as suspected breaches, unauthorized activity, or misuse of the Platform:
Email: info@linkmygear.com
Use the Platform’s in-app reporting tools, if available.
Privacy-Related Inquiries
For privacy-related questions or requests, including data access, correction, or deletion:
Email: info@linkmygear.com
Refer to the Privacy Policy for detailed instructions.
Alerts Support
For inquiries related to alerts generated by the Platform or Devices:
Alerts Support Line: alert@linkmygear.com
Availability: 9am-5pm EST
Note: Alerts are informational and not a substitute for emergency response services.
Response Time
Link My Gear LLC strives to respond to all inquiries within 5 business days of receipt.
Language of Communication
All communications must be conducted in English. Link My Gear LLC is not obligated to respond to inquiries in other languages.
Feedback and Suggestions
Any feedback, suggestions, ideas, or other communications you submit to Link My Gear LLC regarding the Platform, Devices, or Services (collectively, “Feedback”) shall become the exclusive property of Link My Gear LLC.
By submitting Feedback, you grant Link My Gear LLC a perpetual, worldwide, irrevocable, royalty-free license to use, reproduce, modify, distribute, and otherwise exploit the Feedback for any purpose without acknowledgment or compensation, unless otherwise required by applicable law.
Link My Gear LLC is under no obligation to review, consider, or implement any Feedback.
Beta Testing Provisions
Link My Gear LLC may offer beta features or functionalities for user testing and feedback. By using such beta features, you agree to the following:
Beta features are experimental, may contain defects, and are provided “AS IS” without any warranties, express or implied.
Link My Gear LLC reserves the right to modify, discontinue, or withdraw beta features at any time without prior notice or liability.
Data generated during beta testing may not be recoverable, and Link My Gear LLC is not liable for any loss of data or functionality associated with beta features.
Testers should not publicly disclose screenshots or discuss features until officially released
Additional Terms for Paid Services
Certain features or functionalities of the Platform may require payment. Additional terms and conditions for such paid services will be presented at the time of purchase or subscription.
By purchasing or subscribing to paid services, you agree to:
Pay all applicable fees and charges in accordance with the pricing and payment terms provided.
Be subject to any additional refund, cancellation, or usage policies associated with the specific paid service.
Failure to comply with the terms of paid services may result in suspension or termination of your access to those services.
Limitation on Time to File Claims
To the fullest extent permitted by applicable law, any claim or cause of action you may have arising out of or related to these Terms, the Platform, Devices, or Services must be filed within one (1) year after the claim or cause of action arises. Failure to do so will result in a permanent bar of such claim or cause of action.
Technology-Specific Security Provisions
Device Security: You are responsible for maintaining the security of your Device, including keeping software and firmware updated to the latest version provided by Link My Gear LLC.
Tampering Prohibited: Any attempt to tamper with, reverse-engineer, or modify Devices or the Platform is strictly prohibited and will result in immediate termination of your account, in addition to any legal action available to Link My Gear LLC.
Data Encryption: While Link My Gear LLC uses industry-standard encryption to secure telemetry and other data, you acknowledge that no transmission or storage system is entirely secure, and Link My Gear LLC disclaims liability for breaches beyond commercially reasonable efforts.
Dispute Escalation Pathway
Before initiating arbitration or legal proceedings as outlined in Section 12, you agree to engage in a tiered dispute resolution process:
Internal Review: Submit your dispute to Link My Gear LLC’s support team at info@linkmygear.com. The support team will respond within 15 business days.
Mediation: If the dispute is not resolved through internal review, both parties agree to participate in non-binding mediation conducted by a neutral third party in Delaware, with costs shared equally.
Arbitration or Legal Action: If mediation does not resolve the dispute, either party may proceed as outlined in Section 12.
Applicability of GDPR and UK GDPR
Jurisdiction
These provisions apply to Users located in the European Economic Area (EEA), the United Kingdom, or where the GDPR/UK GDPR is otherwise deemed to apply by law.
If you are not located in these regions, this section does not apply to you unless otherwise required by law.
Data Controller
For personal data processed in connection with the Platform, Devices, and Services, LMG acts as a “data controller” (i.e., the entity deciding how and why personal data is processed), unless we specifically designate ourselves as a “data processor” for certain B2B services.
If you have questions regarding our data controller role, please contact our Data Protection Officer or Privacy Team at info@linkmygear.com.
Personal Data We Process
Categories of personal data: name, email, payment details, device telemetry, location data, IP addresses, and other information as described in Section 14 (Privacy and Data Usage).
Legal Bases: We generally rely on:
Contractual Necessity: Processing your data to perform our obligations under these Terms (e.g., account creation, device functionality).
Legitimate Interests: Improving the Platform, preventing fraud, or ensuring security.
Consent: For certain uses of cookies or marketing communications, if required by local law.
Legal Obligations: Where processing is necessary to comply with a legal obligation (e.g., responding to lawful requests from public authorities).
Data Subject Rights
Under the GDPR/UK GDPR, you have the following rights (subject to any applicable exceptions):
Right of Access: To request information about the personal data we hold about you.
Right to Rectification: To correct or update inaccurate or incomplete personal data.
Right to Erasure (“Right to Be Forgotten”): To request deletion of your personal data, where there is no overriding legitimate ground to continue processing.
Right to Restriction of Processing: To ask us to restrict the processing of your personal data in certain circumstances.
Right to Data Portability: To receive a copy of your personal data in a commonly used, machine-readable format, and to request the transfer of that data to another controller.
Right to Object: To object to certain processing activities based on our legitimate interests, or to direct marketing communications at any time.
Right Not to Be Subject to Automated Decision-Making: We do not engage in fully automated decision-making that has a significant effect on you, unless we have your explicit consent or it is otherwise allowed by law.
How to Exercise Your Rights
You may submit any request to exercise these rights by contacting us at info@linkmygear.com. We will respond within the time frames required by the GDPR/UK GDPR, typically within one (1) month of receiving your request, unless an extension applies.
We may require additional information to verify your identity before processing your request.
International Data Transfers
We are based in the United States. Personal data may be transferred to and processed in the United States or other countries outside the EEA/UK that may not have equivalent data protection laws.
Appropriate Safeguards: Where required by law, we use European Commission-approved Standard Contractual Clauses (“SCCs”) or other legally recognized mechanisms to ensure your personal data is adequately protected when transferred internationally.
By using the Platform or providing personal data, you consent to such transfers in accordance with these Terms and our Privacy Policy, to the extent such consent is validly obtained under GDPR/UK GDPR.
Data Retention
We retain personal data as long as necessary to fulfill the purposes outlined in these Terms or our Privacy Policy, unless a longer retention period is required or permitted by law.
Criteria used to determine retention periods include: the length of your user account’s existence, the nature of your interaction with the Platform, legal obligations, and limitation periods for potential claims.
Complaints
If you believe that we have infringed your rights under GDPR/UK GDPR, you have the right to lodge a complaint with a supervisory authority (e.g., the Data Protection Authority in your country of habitual residence, place of work, or place of the alleged infringement).
We encourage you to contact us first at info@linkmygear.com, so we can address your concerns directly before you approach a supervisory authority.
Data Protection Officer (If Applicable)
If we are legally required to appoint a Data Protection Officer (“DPO”) under the GDPR or UK GDPR, the DPO’s contact details will be provided in our Privacy Policy or on our website. If we are not required to appoint a DPO, you may still direct data protection inquiries to info@linkmygear.com.
Processing on Behalf of Another Controller (If B2B)
Where LMG processes personal data on behalf of a corporate or institutional customer (i.e., we act as a “processor”), the terms of a Data Processing Addendum (“DPA”) shall govern such processing. If you require a DPA, please contact us at info@linkmygear.com, and we will work with you to finalize an appropriate DPA consistent with GDPR/UK GDPR requirements.
Supplemental Terms
These GDPR/UK GDPR provisions supplement, and do not replace, any other privacy-related terms in our Terms of Use or Privacy Policy. If there is a conflict between these GDPR provisions and other sections of the Terms, these GDPR provisions prevail solely to the extent of that conflict for EU/EEA/UK users.
Updates to This Section
We reserve the right to amend or update these GDPR/UK GDPR provisions to reflect changes in applicable data protection laws or regulatory guidance. If we make material changes, we will notify you in accordance with Section 15 (Modifications to the Terms) or equivalent.
