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Legal

Terms & Conditions

Last Updated: January 15th, 2024

1. Scope & Acceptance

Viaanix, Inc. (“Viaanix,” “we,” “us,” or “our”) provides IoT solutions through websites (viaanix.com) and mobile applications. By clicking “I Accept” or accessing our services, you agree to these Terms and Conditions. Viaanix reserves the right to modify these terms at any time.

2. User Representation & Registration

Users must be 18 years of age or older (individuals) or legally authorized entities. Registration requires accurate information including name, email, phone, and address. Users are responsible for maintaining password confidentiality and all account activity.

3. Data Authority & Licensing

Users warrant they have authority to submit device data to the platform. By submitting data, users grant Viaanix a worldwide, perpetual, royalty-free license to use, reproduce, and display information for the purpose of providing and improving services.

4. Payment Terms

  • All charges are in U.S. dollars via authorized payment methods
  • Users are liable for applicable sales/use taxes
  • Subscriptions automatically renew unless cancelled
  • 60-day dispute window for billing issues
  • Free trials are limited to new customers only

5. Hardware Returns & Refunds

  • 365-day return window for defective hardware purchased from Viaanix
  • Requires Return Merchandise Authorization (RMA) before return
  • Returns must be unmodified, in original packaging
  • Non-refundable: shipping, handling, duties, taxes
  • Software and customized hardware are ineligible for return

Return Address: Viaanix, Inc., 434 N Main St, Wichita, KS 67202

6. Hardware Warranty

Limited one-year warranty covering material defects when hardware is used normally per specifications and paired with an active paid subscription. Warranty excludes: batteries (unless defective), cosmetic damage, misuse, unauthorized repair, and third-party products.

7. Emergency Tracking Devices

Critical limitations: Service does not guarantee injury or death prevention. No warranty on responder promptness or capability. Service relies on third-party GPS, cellular, and satellite coverage. Neither Viaanix nor the Call Center are an insurer of premises or safety. Users are exclusively liable for insurance. Call Center may record all communications.

8. Loaned or Rented Hardware

  • User assumes risk of loss upon receipt
  • Hardware cannot leave designated premises
  • No sale, transfer, or lien permitted
  • Non-return results in payment of retail value within 5 days
  • User must comply with U.S. export control laws

9. Third-Party Products

Services may require third-party software licensed separately under “Other Software Terms.” Data shared with third parties is governed by their privacy policies, not Viaanix's.

10. Cookies & Tracking

Our sites use cookies for user identification and personalization. Users can reject cookies via browser settings but may lose service functionality. See our Cookie Policy for details.

11. Service License & Restrictions

Viaanix grants a limited, revocable, non-exclusive license to use our services. Users are prohibited from:

  • Reverse engineering or decompiling any technology
  • Reselling, sublicensing, or time-sharing services
  • Creating copies of our technology
  • Circumventing security features
  • Accessing other users' accounts
  • Building competitive products using our services
  • Uploading malware or malicious code

12. System Requirements

Users are responsible for maintaining compatible hardware and software. Minimum 5 Mbps upload bandwidth is recommended. Viaanix reserves the right to change requirements.

13. Security & Privacy

Viaanix cannot guarantee prevention of unauthorized access. Users consent to electronic communications. Our Privacy Policy governs data handling.

14. Updates

Updates are automatically installed without additional consent. Previous version support ceases upon new release. Update installation is a condition of continued service access.

15. Support

Unless expressly agreed otherwise, technical support is not included in base services. Additional support is available for an additional charge.

16. Changes & Termination

Viaanix reserves the right to discontinue services, change specifications, suspend for security or maintenance, and modify pricing. No uptime guarantee is provided. Termination results in automatic access loss with no refunds except as expressly stated.

17. Mobile Applications

  • Limited, revocable, non-exclusive license for personal use on one device
  • Subject to Apple App Store and Google Play terms
  • Viaanix solely responsible for claims (product liability, regulatory compliance)
  • Apple and Google are third-party beneficiaries
  • Services not available in U.S.-prohibited countries

18. Warranty Disclaimer

TO THE FULLEST EXTENT ALLOWED BY LAW, THE WARRANTIES EXPRESSLY STATED IN THESE TERMS ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES. This excludes warranties of merchantability, fitness for a particular purpose, and non-infringement. Services are not warranted for fail-safe uses (life support, nuclear applications).

19. Limitation of Liability

  • No liability for performance delays regardless of cause
  • No liability for indirect, consequential, or punitive damages
  • Maximum liability: the greater of $50 or amounts paid in the prior year
  • Claims must be filed within one year
  • Sole remedy: account or subscription cancellation

20. Indemnification

Users agree to defend and hold harmless Viaanix from third-party claims arising from user breach or unauthorized service use, including legal fees.

21. Arbitration & Class Action Waiver

All disputes are resolved through binding arbitration (American Arbitration Association Consumer Rules) in Sedgwick County, Wichita, Kansas under Kansas law. One arbitrator, English language, confidential proceedings. This waives jury trial and class action rights. Each party bears own costs unless the arbitrator determines frivolous filing.

22. Venue

Non-arbitrable claims must be filed exclusively in Sedgwick County, Kansas courts. These terms are not governed by conflict of law rules, CISG, or UCITA.

23. Modifications & Entire Agreement

These terms constitute the entire agreement and supersede prior negotiations. Failure to enforce any provision is not a waiver.

24. California Consumer Notice

California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254.

See also our Privacy Policy and Cookie Policy.