Exodus Outdoor Gear Terms and Conditions

Last updated: April 1, 2024

These policies may be amended from time to time. These Terms and Conditions describe the policies that must be accepted and followed in order to become an End User of Exodus Outdoor Gear’s website and mobile applications (collectively "software and services").

1. Definitions

Billing Cycle: Billing Cycles are equal to the calendar month starting from the 1st day of that month through the end of the last day of that month.

Services: Data Plans, Storage Plans, Memberships or other services which require the initial purchase and monthly or annual payments.

Devices: Primarily trail or security cameras that may be activated using an Exodus Outdoor Gear account.

End User: Any and all users which use a login to gain access to the Exodus Outdoor Gear’s website and/or mobile applications, whether direct login is entered or associated with another social account such as Facebook or Google, whether person or business entity.

Payment Method: Any credit card, PayPal account or other acceptable payment option by Exodus Outdoor Gear which the End User is legally authorized to use.

Wireless Carrier: Any company that provides wireless service to Exodus Outdoor Gear for the use of allowing IoT devices to communicate to Exodus Outdoor Gear servers.

Legal Notice: Written communication between one party to the other that advises of termination of this agreement or otherwise required by this agreement.

Notifications: Notifications from Exodus Outdoor Gear will be sent to the Email address associated with the End User's login for services. It is the End Users responsibility to verify that emails from Exodus Outdoor Gear do not get put in a Spam or Trash folder in the End Users email client. End User is also responsible for verifying and checking the provided Email address for notifications from Exodus Outdoor Gear. All emails from Exodus Outdoor Gear will originate from owned domains.

2. Term of Agreement

The End User agrees to the terms and conditions set forth in this agreement for a term of one month or 12 month basis. At the end of this term the agreement shall automatically renew monthly until either party provides 30 days prior notice to the other party to terminate.

3. Acknowledgment

The End User acknowledges and agrees that prior to subscribing to any wireless service from Exodus Outdoor Gear that End User has had the opportunity to independently investigate the wireless service provided in the area intended to be used in connection with the Device and its authorized use and is not relying on any representation, guarantee or statement from Exodus Outdoor Gear.

End User expressly understands and agrees that the services purchased through Exodus Outdoor Gear does not create any sort of contractual relationship whatsoever with the underlying wireless service provider or its affiliates or contractors and that End User is not a third party beneficiary of any agreement between Exodus Outdoor Gear and the underlying carrier. End User hereby waives any and all claims or demands therefore.

4. Equipment

The End User agrees that the operation of any Device activated through Exodus Outdoor Gear is the sole responsibility of End User.

End User is responsible for verifying the Data Usage of all Devices activated by End User or on End User's behalf which is accessible with End User's login and agrees to pay for any additional charges for overages within the billing cycle.

Exodus Outdoor Gear does not claim ownership to the rights of any of the hardware that maybe activated or otherwise serviced through Exodus Outdoor Gear unless it is expressly branded as an Exodus Outdoor Gear device.

All Warranties, if any, are those provided by under Exodus Outdoor Gear Policies of such Device.

5. Billing and Payments

Exodus Outdoor Gear does not require a contract for any of its Data Plans, Storage Plans, Memberships or other services.

All Services purchased shall be automatically renewed until the End User turns off the Auto Renew option for that service.

The monthly data plans are billed for one month at the time of Device activation. To further clarify, when initially activating a device or monthly service, Exodus Outdoor Gear will bill for the current month. At the end of each month Exodus Outdoor Gear will bill for any past overages plus the next month's service plan. Any payment disputes or issues on the End User’s behalf will result in service interruption where Exodus Outdoor Gear shall not be held liable for potential claims and/or disputes and/or associated costs to reactive Devices. 

End User agrees to use either a Credit Card, PayPal account or other allowable payment method when purchasing a Service and agrees to authorize Exodus Outdoor Gear to automatically charge such payment method for future renewals and/or overages. End User further agrees to keep a valid Payment Method on file with Exodus Outdoor Gear at all times so such services may be billed for without declines. End User also agrees that all Payment Methods used are those which End User is legally authorized to use.

End User is required to pay all outstanding charges within 10 days of each invoice. Exodus Outdoor Gear will charge a late fee of 10% on all past due amounts per 30 days of outstanding balance.

A transaction fee of $0.50 will added to any invoice of $5 or less.

An exchange fee of $1.00 or 2.5% of invoiced amount, whichever is higher, will be added to all foreign transactions.

If at any time during the month, Exodus Outdoor Gear determines the End User has overages that exceed the amount equal to two times the amount of the standard monthly data plan charge then Exodus Outdoor Gear reserves the right to perform an immediate charge to the End Users payment method. If that charge is declined, Exodus Outdoor Gear will send out one notice to the End User via email then attempt the charge again each day until payment is resolved. If the charge continues to be declined all devices and services may be terminated immediately. If Exodus Outdoor Gear terminates the End User's devices and services, End User agrees to authorize Exodus Outdoor Gear to use any unused services beyond the termination date as a credit towards the outstanding debt End User has.

ANNUAL SERVICES

When a Storage Plan, Membership, Annual Data Plan or other annual service is initially purchased, Exodus Outdoor Gear will bill for 1 calendar year. On the 1st of the month, at least 30 days prior to an annual plan/service expiring, Exodus Outdoor Gear will bill for another year's subscription to that plan/service.

If End User has an expired or otherwise invalid payment method which is declining the charge from Exodus Outdoor Gear, all services will be terminated. Services will not resume until an updated or valid payment method is used to reinitiate services. 

End User agrees to settle any charges with Exodus Outdoor Gear even after devices and Services may have been terminated.

CALCULATING OVERAGES

When calculating "data overages" for a given cycle, the exact amount of overage data in bytes is determined then divided by 1,024,000. This converts the value from "bytes over" to "MBs over". Any fraction of a MB is counted as a whole MB and this will be the value applied to the overage rate. For example, all overage data will be rounded up to the nearest whole MB.

6. Disclaimer of Warranties

Exodus Outdoor Gear makes no representations or warranties whatsoever, directly or indirectly, express or implied, as to the suitability, durability, fitness for use, merchantability, condition, quality, performance or non-infringement of service from website, mobile application or wireless service from third party carriers. All software and services are provided "As-Is".

Exodus Outdoor Gear will make it's best efforts to correct any discovered defects which are deemed correctable by Exodus Outdoor Gear but shall not give any express or implied timeframe or resolve to having it corrected.

7. Limitation of Liability

Exodus Outdoor Gear will have no liability to End User: For any causes of action, losses or damages of any kind whatsoever arising out of mistakes, omissions, interruptions of services, error or defects in furnishing product, software, or services.

8. System Availability

As with all systems, software and hardware alike, constant changes are made in an attempt to improve such systems and add additional functionality. Exodus Outdoor Gear reserves the right to modify all aspects of it's systems and cannot guarantee the compatibility, functionality or usability of features for future updates.

Exodus Outdoor Gear reserves the right to bring the system down and to make unavailable from time-to-time, at any time and for any duration whether this time is for applying updates, updating servers or any other reason deemed necessary by Exodus Outdoor Gear.

9. Wireless Service Availability

Wireless Service uses radio technologies and is subject to transmission and service area limitations and interruptions caused by atmospheric, topographical or environmental conditions, tower availability, Equipment or its installation, governmental regulations, system limitations, maintenance or other conditions or activities affecting Wireless Service operation. Wireless Service and/or features may not be available in all areas. Wireless Service is only available within each applicable plan coverage area, within the operating range of the wireless systems, and with Equipment that is approved to operate on the respective Carrier's network.

10. Compliance with Laws

End User shall use Exodus Outdoor Gear only in manners which comply with all Federal, State and local laws, rules, regulations and ordinances, including but not limited to, all Federal Communications Commission rules and regulations, all privacy and security requirements.

11. Usage Rules

Exodus Outdoor Gear retains the right, at it's sole discretion, to immediately terminate and decline future service to anyone it deems is mis-using the system or abusing its intended use.

No one under the age of 13 shall use the Exodus Outdoor Gear system.

End User agrees to not use language in a derogatory manner that would create a negative environment for other End Users, including but not limited to: Profanity, Sexual Subjects, Racism, Religion or Political topics.

The above language includes but is not limited to being used in the Name or Bio information of the End Users account which may be viewed by other End Users, Tag Names assigned to photos, Locations or Areas or any other uses within the Exodus Outdoor Gear system.

End User also agrees photos taken by cameras which are uploaded and shared with others or posted to "public" areas within the website shall not include any nudity or other inappropriate material. 

Exodus Outdoor Gear RESERVES THE RIGHT TO REMOVE ANY MEDIA IT DEEMS INAPPROPRIATE.

End User also agrees that Exodus Outdoor Gear and its employees and affiliates may and will have access to all photos uploaded to the Exodus Outdoor Gear Cloud server. The photos may be used for any of the following reasons: Any legal purpose, proof of activity and usage on the Exodus Outdoor Gear system, to provide support to customer, to help resolve issues with camera, to be used in Machine Learning projects such as auto detection of animals, and other cases as deemed needed by Exodus Outdoor Gear. Exodus Outdoor Gear agrees it will not use photos to share with other users or to post to any social site without the consent of the user whose account the photo belongs to.

NO TAMPERING: Any attempt to tamper with, decode programs or otherwise use the system in a manner to avoid payment for services, capture unauthorized data, send unsolicited data, simulate users or cameras or perform any other unauthorized activity will result in the immediate termination of End Users account and may result in the account being permanently banned and/or the entire IP address being banned.

In addition to Exodus Outdoor Gear reserves the right to ban unwanted activity, behavior, and/or actions by any End Users

Exodus Outdoor Gear reserves the right to limit End Users activities as well as change the limitations at any time.