Sprint Factory Terms of Service
Effective: October 19, 2018
Sprint may modify the Services, the Sprint Factory Terms of Service, the third party terms or license agreements, at any time in its sole discretion. Modifications to this Agreement are effective upon its posting on our Website. If you do not agree to accept and comply with the Policy, then do not access or use our Website or Services.
By accepting this Agreement, the person accepting this Agreement represents and warrants that he or she is lawfully able to enter into contracts and, if entering into this Agreement on behalf of an entity, that he or she has the legal authority to bind such entity to the terms and conditions of this Agreement. By accepting this Agreement, you agree that you are bound by the terms and conditions of this Agreement.
Mandatory Arbitration. As detailed below, we each agree to a mandatory arbitration provision that provides that (except for matters properly brought to small claims court) any claim, controversy, or dispute of any kind between You and Sprint must be resolved by final and binding arbitration on an individual and not a class-wide or consolidated basis.
Automatic Renewal. Your Services will automatically renew for subsequent monthly terms unless you provide us notice of termination. You must notify Sprint of Your choice to not renew your subscription or cancel at least thirty (30) days prior to the expiration of the then-current term.
Authority to Grant Access through the Services to Your Devices: You represent and warrant (for yourself and/or any entity that you represent) that you and/or such entity have full legal authority to grant access to your Devices through the Services. Sprint does not verify the information provided by or the identity of any users of its Services. Therefore, if you grant access to your Devices from anyone who is not a Sprint employee, we will not be responsible if they are not who they say they are. You alone are responsible for determining the identity of those to whom you grant access to your Devices, and the intention and scope of such grant. YOU SHOULD NOT ACCEPT REQUESTS TO GAIN ACCESS TO YOUR DEVICES FOR SUPPORT OR MAINTENANCE OR OTHERWISE FROM UNKNOWN PEOPLE OR COMPANIES UNLESS YOU HAVE VERIFIED THEIR IDENTITY AND ARE SURE YOU WANT TO GIVE THEM SUCH ACCESS.
Products; Subscription to Services. Sprint provides access to the Products through both: (1) a website located at https://iotfactory.sprint.com and related domains (collectively the "Web App" and the websites are collectively, the "Sites"), and (2) software that may be downloaded to a mobile device (the "Apps"). Collectively, the Sites, Web App, Products, and Apps are included in the definition of Services. Sprint only offers subscriptions and licenses to access and/or use the Products or Services and never sells or otherwise transfers ownership to the Products or Services. Any use of the word "sale" or "sell", or similar words which could be construed as transferring ownership, shall only be construed herein as transferring a license to use and/or access unless the context requires otherwise.
Services License & Restrictions; IP Rights. As long as you pay all amounts owed to Sprint in connection with your purchase of a license to access the Services, Sprint grants to you a limited, non-exclusive, non-transferable license to access and use the Services that you purchased. You shall not directly or indirectly do any of the following: (i) modify, disassemble, decompile, or reverse engineer any of the hardware or software that constitutes the Services; (ii) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Services to any third-party or use the Services on a time sharing basis or to provide any security or other services for any third party; (iii) make any copies of the software used to provide the Services; (iv) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Services; (v) delete the copyright and other proprietary rights notices on the Services; (vi) attempt to access, monitor, or use Products of other customers; (vii) access the Services in order to build a similar or competitive product; (viii) upload, transmit, or distribute any computer viruses, worms, or software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, the Product, or any other property; (x) interfere with, disrupt, or attempt to gain unauthorized access to the servers or networks connected to the Services; or (xii) violate any applicable law or regulation. Sprint is the exclusive owner of rights and interests in and to the mark Sprint in the United States and abroad. Other trademarks, names, and logos on or available through the Services are the property of their respective owners. Unless otherwise specified in these Terms, all technology and intellectual property available or appearing on or through any of the Services, including the Apps, information, software, documents, services, content, site design, text, graphics, logos, images, and icons, are the sole property of Sprint or its licensors. All rights not expressly granted herein are reserved by Sprint.
Updates. From time to time, Sprint may provide updates, upgrades, patches, bug fixes, and other modifications to improve the Software and related services ("Updates"). You acknowledge that you may be required to install Updates to continue to access and use the Product and the Services. You agree and consent to Updates being automatically installed without receiving any additional notice or providing any additional consent. Any Update provided to you is made on a license-exchange basis such that you agree, as a condition for receiving an Update, that you will terminate all of your rights to use any previous version of any software related to Services. However, you may continue to use the previous version only to assist in transitioning to the Updated version. Once an Update has been released, Sprint may cease support for prior versions, without any notice to you.
Prohibited Uses. Sprint, on behalf of itself and its third party providers, reserves the right, without notice or limitation, to limit or restrict Your use of the Services or to deny, terminate, end, modify, disconnect, or suspend Services to You if Sprint or any of its third party providers, in their sole discretion, determines action is necessary to protect other parties or Sprint's or any of its third party providers’ systems, networks, or business from harm or degradation. Without limiting the foregoing, You will not use the Services or permit any other person to use the Services: (a) in a manner that would cause Sprint, any third party provider or any of Sprint’s or any such third party providers’ vendors or service providers to violate any applicable law, including any laws applicable to the import or export of products, services, computer software, or data; (b) in connection with any activity where the failure or fault of the Services could lead to death or injury of any person or damage to any physical property of any person; or (c) in connection with the development, design, manufacture, production, stockpiling or use of nuclear, chemical or biological weapons, weapons of mass destruction, illegal gambling, terrorism, narcotics, or arms trafficking.
CPNI. If we provide telecommunications Services to you (the account holder), we develop information about the quantity, technical configuration, type, location, and destination of the Services you use, as well as some other information found on your bill ("CPNI"). Under federal law, you have the right and we have a duty to protect the confidentiality of your CPNI. For example, we implement safeguards that are designed to protect your CPNI, including authentication procedures when you contact us. For some accounts with a dedicated Sprint representative, we may rely on contacting your pre-established point of contact as the standard authentication measure.
Contact Information. You agree that we may contact you for Service-related reasons through the contact information that you provide, through the Services to which you subscribe, or through other available means, including text message, email, fax, recorded message, mobile, residential or business phone, or mail.
Support; Beta Testing. Unless otherwise expressly agreed by Sprint in writing, Sprint is not obligated to provide you with any technical support services relating to the Services; however, you may order support services for an additional charge (or as otherwise expressly provided for elsewhere in the Agreement) as Sprint may offer from time to time. If the Services that you use are pre-commercial release or "BETA" software ("Pre-release Services"), then, to the extent that any provision in this section is in conflict with any other term or condition in this Agreement, this section supersedes such conflicting term(s) and condition(s) as to the Pre-release Services, but only to the extent necessary to resolve the conflict. You acknowledge that the Pre-release Services do not represent the final product from Sprint, and may contain bugs, errors, and other problems that could cause system or other failures and data loss. Consequently, Sprint disclaims any warranty or liability obligations to you of any kind whatsoever. You acknowledge that Sprint has not promised or guaranteed to you that the Pre-release Services will be announced or made available to anyone in the future, and that Sprint has no express or implied obligation to you to announce or introduce the Pre-release Services. Sprint may decide not to introduce a product similar to, or compatible with, the Pre-release Services. Accordingly, you acknowledge that any research or development that you perform regarding the Pre-release Services, or any product associated with the Pre-release Services, is done entirely at your own risk. During the term of this Agreement, as a condition to being allowed access to Pre-release Services, and if requested by Sprint, you will provide feedback to Sprint regarding testing and use of the Pre-release Services, including error or bug reports.
Returns & Refunds. In addition to the one (1) year Limited Warranty period as set forth below under “Limited Warranty”, if you are the original end-user or purchaser of a Product, and you are not satisfied with the Product you purchased for any reason, you may return it in its original condition within thirty (30) calendar days of the original purchase date and receive a full refund. Only items that have been purchased directly from the Sprint IoT Factory can be returned to Sprint IoT Factory. Products purchased through other retailer or resellers must be returned in accordance with such retailer’s or reseller’s respective returns and refunds policy. Shipping and handling charges are always non-refundable. If you wish to cancel your order, or if you would like to schedule a return and receive a refund, contact us by telephone at 1-877-900-1891 with your order details. To qualify for a refund or credit (excluding shipping charges, handling charges, duties and taxes) buyer must:
contact Sprint IoT Factory by telephone at 1-877-900-1891, with your order details within thirty (30) calendar days from your original purchase date;
obtain a Return Merchandise Authorization (RMA) from Sprint IoT Factory after contacting Sprint IoT Factory pursuant to item 1 above;
ship the Product back to Sprint IoT Factory in its original packaging via a shipper that provides buyer with a shipment tracking number (i.e. FedEx, UPS, DHL) to the shipping address set forth below; and
include a valid RMA number with your return shipment, visible on the outside of the returned package.
Returns without an RMA number will be rejected and returned at buyer's expense. Product being returned within the initial 30 calendar-day period for refund or credit must be complete (i.e. include all parts/components included with your original shipment). Failure to return all Product parts/components will result in a partial refund or credit or rejection of your return entirely, as the discretion of Sprint IoT Factory. Requests for an RMA after 30 calendar days from purchase date will be evaluated on a case-by-case basis, subject to Sprint IoT Factory’s management approval and restocking fee. Customized products, modifications to standard Products, and Products altered by the customer are not eligible for return or refund. All returns must be shipped (at buyer's expense) to Sprint IoT Factory as provided herein.
Shipping Address for Returns
Sprint IoT Factory
Attn: Product Returns
1150 Antioch Pike Suite 400
Nashville, TN 37211
Credit Checks & Credit Information. Sprint may obtain updated information from card networks, issuers or other third-party sources. We agree to provide you Services on the condition that you have and maintain satisfactory credit according to our standards and policies. You agree to provide information that we may request or complete any applications that we may provide you to facilitate our review. We rely on the credit information you furnish, credit bureau reports or other data available from commercial credit reference services, and other information (such as payment history with us) to determine whether to provide or continue to provide you Services. The Services we offer you can vary based on your credit history. We may at any time, based on your credit history, withdraw or change Services or place limits or conditions on the use of our Services. You agree to provide us updated credit information upon request. We may provide your payment history and other account billing/charge information to any credit reporting agency or industry clearinghouse.
Fees; Payment. Sprint or a third party provider may change the price for any Service at any time. Sprint will provide you with regular monthly invoices of the charges incurred by you and billing data or other billing records. If payment is not received in full by the due date on your bill, late fees may be assessed, in amounts up to the maximum amount permitted by law in the state of your billing address. When you provide your credit or debit card information to us at any time, you authorize us to charge your cards for all amounts you owe us. In the event of non-payment, Sprint reserves the right to suspend your Services. Sprint may also charge you any costs Sprint pays to a collection agency to collect unpaid balances from you. Sprint's monthly charges for the Services exclude taxes, Sprint Surcharges, and state and local fees, if applicable.
Hardware. Until you have paid for the entire hardware price, any hardware you purchase through the Sprint Factory remains the property of Sprint. If you fail to return hardware that you have not fully paid for, Sprint may charge your credit or debit card on file for the outstanding amount you owe on the hardware.
Termination and Suspension. This Agreement continues in effect while you access and use the Services. At any time, Sprint may (i) suspend or terminate your rights to access or use the Services, or (ii) terminate this Agreement if Sprint in good faith believes that you have used the Services in violation of these Terms, including any incorporated guidelines or terms. Upon termination of this Agreement, your right to use the Services will automatically terminate. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, governing law & jurisdiction and general provisions shall survive any termination of these Terms. Sprint may temporarily suspend the Services without notice for security reasons, system failure, maintenance and repair, or other circumstances. Sprint does not offer any specific uptime guarantee for the Services. Any termination or suspension of any Services will not result in any credit or refund of any kind except as expressly set forth herein. If you breach this Agreement, and fail to cure any breach within 30 calendar days after request from Sprint, or Sprint's authorized representative, Sprint may terminate this Agreement, whereupon all rights granted to you shall immediately cease. Furthermore, upon termination, you shall return to Sprint all copies of the software for the Services that it may have, or verify in writing that all such copies have been destroyed. We may monitor use of the Services from time to time to ensure compliance with this Agreement.
Mobile Applications. Sprint does not warrant that the Apps will be compatible with all mobile devices. Other applications may interact with the Apps in unpredictable ways, and Sprint does not warrant against malfunctions or errors caused by such interactions. Sprint grants to you a non-exclusive, non-transferable, revocable license to use any object code copy of the Apps for one registered account on one mobile device owned or leased solely by you for your personal use in connection with the Services. Sprint and its third-party providers or licensors retain all right, title, and interest in and to the Apps. Standard carrier data charges may apply to your use of the Apps. The following additional terms and conditions apply with respect to the Apps: (a) you agree to comply with all applicable Other Software Terms when using the Apps; and (b) although the Services are accessible worldwide, Sprint's Services are not available to all persons or in all countries, including persons and countries prohibited by US law. If you are accessing or using the Services from an unsupported country, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Accessing Other User’s Devices: You may only access those Devices for which you have been expressly been granted permission by the user or owner of such Devices. If you access another user’s Device through the Services, you may only do so in accordance with the terms and conditions of this Agreement, and in compliance with all applicable law. You are not permitted to access another user’s Devices using the Services unless (i) all identifying information provided by you is current and up to date and (ii) the intention and scope of such access has been expressly agreed and acknowledged by the user or owner of the Device and you. You may only access another user’s Devices within the express limits of authority that may be granted to you. For example, you are not permitted to install software, change system settings, or undertake any action through the Services without the express permission of the user or owner of the Device.
Authorization and Identification: You acknowledge and understand that we do not verify the identity of any of the users of the Services (or any information they provide us) and that we will not be liable in any manner whatsoever if any such identity or information is incorrect or incomplete. You are solely responsible for verifying all information about and from any user to whom you grant access to your Devices through the Services.
Disclaimer of Warranties. UNLESS EXPRESSLY PROVIDED IN WRITING OTHERWISE, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (TO THE EXTENT ALLOWED BY LAW) ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICES. WE DON’T PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND DON’T AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF. SPRINT PROVIDES THE SERVICES, INCLUDING ANY SOFTWARE SERVICES, ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS, ERRORS, AND DEFECTS. YOUR USE OF AND ACCESS TO THE SOFTWARE SERVICES IS AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM YOUR USE. Sprint and its third party providers do not guarantee any results or the accuracy of any results that you may obtain from the Services. You agree that the Services are subject to limitations and restrictions outside of Sprint’s and its third party providers’ control. Sprint and its third party providers do not warrant that: (i) Your use of the Services will meet your requirements; (ii) the Services will be uninterrupted, error-free, or completely secure; or (iii) data provided through the Services will be accurate. You understand and acknowledge that there are risks inherent in internet connectivity that could result in the loss of your privacy, confidential information, and property. You agree that no data transmitted over Sprint networks or the Internet is guaranteed to be secure. Sprint and its third party providers do not guarantee that any data that you submit to Sprint or its third party providers will be free from unauthorized intrusion. THE SERVICES ARE NOT DESIGNED, TESTED, MANUFACTURED OR INTENDED FOR USE IN APPLICATIONS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF MEDICAL DEVICES, LIFE-SUPPORT MACHINES, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR QUALITY OF THE TECHNOLOGY COULD LEAD TO DEATH, PERSONAL INJURY, OR PHYSICAL OR PROPERTY DAMAGE OR ENVIRONMENTAL DAMAGE (COLLECTIVELY, “HIGH RISK ACTIVITIES”). SPRINT EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED GUARANTEE OF FITNESS FOR USE IN HIGH-RISK ACTIVITIES.
Limitation of Liability. TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS THAT YOU MAY HAVE AGAINST US IS LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES. SPRINT WILL NOT BE LIABLE FOR LOSS OF DATA ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE SERVICES.
Indemnification. You shall defend and hold harmless Sprint (and its owners, directors, officers, employees, affiliates, agents, representatives, successors and assigns) from and against any third party claim, action, suit or proceeding that arises from, is based on or related to your breach of this Agreement or any unauthorized use of the Services and indemnify Sprint for all losses, damages, expenses and costs (including reasonable attorneys’ fees) incurred by Sprint as a result of any such claim, action, suit or proceeding.
Negotiations. In the event of a dispute arising from or relating to the Agreement, the disputing party will notify the other party in writing. The parties will negotiate with each other in good faith and will use their best efforts to resolve the dispute within 15 days of the notice date. If the dispute is not resolved within this 15 day period, each party will escalate the dispute to higher management (VP or equivalent). If the dispute is not resolved within 30 days after the escalation, either party is free to seek relief as contemplated in the Agreement.
Arbitration. The parties agree that all billing disputes related to Sprint’s provision of Products or Services provided under the Agreement that do not get resolved through the negotiation process outlined above will be finally settled through bi-lateral arbitration as follows: for billing disputes related to Products or Services provided (A) in the United States, the arbitration will be administered by AAA in accordance with its Commercial Arbitration Rules, governed by the United States Arbitration Act, 9 U.S.C. Sec. 1, et seq., and (B) outside of the United States, the arbitration will be conducted pursuant to the Rules of Conciliation and Arbitration of the International Chamber of Commerce. The parties agree that (1) all arbitration proceedings will be conducted in the English language, (2) each party waives any right to seek, participate in or file a claim as a class action, or proceed as lead claimant or in a representative capacity and will not join additional parties, (3) the arbitrator will have no authority to award damages beyond actual damages as agreed to in Section 9, (4) the arbitration will be conducted by a single attorney arbitrator who has substantial experience and knowledge in telecommunications and commercial contracts, (5) discovery will be limited to the reasonable exchange of relevant documents and will not include other forms of discovery requests or electronic collection protocols or depositions, with the exception that if the arbitrator determines that depositions are appropriate, the number will not exceed three per party, including a corporate representative deposition, and each deposition is limited to five hours, (6) any award rendered by the arbitrator will be accompanied by a reasoned opinion and entered in any court having jurisdiction, and (7) the parties will allocate all arbitration costs equally although each party will be responsible for its own attorney fees and costs.
Waivers. The parties mutually, expressly, irrevocably and unconditionally waive trial by jury. Neither party will make any claim under any consumer protection statute, or in any manner participate in any class action proceeding in a representative capacity against the other party.
You Agree That We Are Not Responsible For Certain Problems. You agree that neither we nor our parent, subsidiary, or affiliate companies, nor our vendors, suppliers, or licensors are responsible for any damages, delay, interruption or other failure to perform resulting from: (a) anything done or not done by someone else; (b) providing or failing to provide Services, (c) Data Content or information accessed while using our Services; (d) information or communication that is blocked by a spam filter; (d) damage to any computer or equipment used in connection with the Software Services or damage to or loss of any information stored on Your computer, equipment, or Sprint storage space from Your use of the Services or (f) damage to Your computer or equipment from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or audio; or (i) things beyond our control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism, or government orders or acts. You should implement appropriate safeguards to secure your computer, or equipment and to backup your information stored on each.
Conflict. In the event of a conflict between these Sprint Factory Terms of Service and the Other Software Terms, the Other Software Terms will control with respect to the applicable Service.
Relationship of the Parties. This Agreement is a sales/purchase agreement and does not create an employer-employee relationship, agency, association, joint venture, partnership, landlord-tenant, or lessor-lessee relationship or other form of legal entity or business enterprise between the parties, their agents, employees, or affiliates.