Terms of Service

For purposes of these Terms:

“skEYEwatch”

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

“Customer Data”

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

“Hardware”

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

“User”

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

“Third-Party Services”

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

“Agreement”

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

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

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

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

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

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

Users are strictly prohibited from:

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

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

Customer retains ownership of all Customer Data.

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

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

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

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

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

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

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

Customer acknowledges that the Services may be affected by:

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

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

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

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

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

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

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

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

Risk of loss transfers to Customer upon shipment.

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

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

Payment frequency depends on Customer’s plan.

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

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

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

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

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

skEYEwatch does not sell Customer or User personal information.

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

Customer acknowledges and agrees:

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

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

Security incidents must be reported promptly.

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

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

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

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

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

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

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

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

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

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

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

Upon termination:

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

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

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

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

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

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

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

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

Failure to enforce any provision shall not constitute a waiver.

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

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

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

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

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

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

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

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

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

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

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

These Terms may be executed electronically and in counterparts.

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

If you have any questions about these Terms of Service, please contact us:

• skEYEwatch Inc
• 15506 County Line Road, Spring Hill, FL 34610
• Phone: 1-888-998-7767
• Online: Contact form