Terms and Conditions / Privacy Policy

Last Revision: February 20th, 2025

By registering your MYSTART PLUS™ product, you agree to the following Terms and Conditions / Privacy Policy set by "Company".

COMPANY : Company, as used throughout this terms and conditions, means Automobility Distribution Inc

"Company," "we," "us," or "our" is committed to protecting your privacy. These Terms and Conditions / Privacy Policy explains how we collect, use, disclose, and safeguard your information you use our services. By accessing or using our services, you consent to the practices described in this Terms and Conditions / Privacy Policy. If you do not agree with these Terms and Conditions / Privacy Policy, please do not use our services.

The use of updated versions of the Mobile Application may be subject to new or additional Terms of Use.

The Application allows a device compatible with the Application and its related systems and capable of receiving software updates or upgrades that are either installed in your vehicle by us or our affiliates or authorized by us for use with your vehicle (the “Connected Device”) to connect your vehicle to the services we offer you, including the functionalities of the Application, namely the remote wireless starting and stopping of your vehicle and software updates or customized features. (the “Services”).

  1. Acceptance of Terms:
The Service provided to you is subject to the following Terms and Conditions (“T&C”). Company may change or update the T&C from time to time without notice.
  2. Services:
In consideration of Service use fees, the Service may allow users to: (i) locate; (ii) control; and (iii) receive notifications about vehicles that have been fitted with particular service compatible devices (the “Service”). Unless explicitly stated otherwise, any new features that augments or enhances the Service, including the release of new Company services, shall be subject to the T&C. You understand and agree that the Service is provided “AS-IS” and that Company assumes no responsibility for the timeliness, deletion, miss delivery or failure to store any user communications or personalization settings. Text message and web communications provide the link between the vehicle and the network and may be subject to delays caused by, but not limited to, message traffic volume, weather conditions, scheduled and non-scheduled maintenance and priority transmission, of which Company has no control and will not be held liable for.
  1. The Services are provided free of charge only to first purchasers of the Connected Device. It is understood and agreed that these Terms of Use are personal to you. Upon transfer, sale or lease of your vehicle to any person (including a related party), we may charge such person for the use of the Services and the Application.
    2. When deemed necessary and/or at Company’s discretion, may update the firmware of your MYSTART PLUS™ Module, to ensure proper operation and/or to support added features.
  2. The Service is not available everywhere and may be subject to signal limitations based on topography, buildings and atmospheric conditions. To the extent such limitations occur, Company will not be responsible for any resulting interruption in the Service or for any damages whatsoever.
  3. You must have access to the Internet and/or a smartphone to use, or access, all of the features of the Service. You are responsible for paying any Service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web. It is strongly suggested that you choose the data and text messaging plan(s) from your cellular Service supplier that affords you the most usage for the most economical price.
  4. We may suspend or discontinue your access to some or all of the Services and some or all of the functionalities of the Application as provided for in these Terms of Use.
  5. We may access, modify or update the software used to deliver the Services and the Application or used by your vehicle systems and Connected Device without additional notice or consent.
  6. Services may be available for your vehicle that collect data from your vehicle systems and provide you or third parties such as your car dealership with diagnostic and prognostic notifications, such as vehicle diagnostic services or vehicle health maintenance services. Any such services are provided as is and do not report all conditions that may affect the operation of your vehicle. For example, and not limiting the generality of the foregoing, conditions occurring while your vehicle is off or conditions that develop rapidly may not be reported using such services.
  7. Your vehicle must be operational for the Services to be provided, including, but not limited to, a working electrical system (including adequate battery power).
  8. Without limiting the scope and generality of these Terms of Use, the Services may not be provided if: (i) equipment on your vehicle isn't properly installed; (ii) you haven't maintained the equipment or your vehicle in good working order; (iii) you do not comply with all applicable laws; (iv) you try to add, connect or modify any equipment or software in your vehicle (such as plugging devices into the vehicles electrical system or diagnostic port); (v) your vehicle is not compatible with the Services or the Application; (vi) your Connected Device is malfunctioning; and (vii) other problems arise that we cannot control that interfere with the delivery or quality of services, such as hills, tall buildings, tunnels, weather, electrical system design and architecture of your vehicle, damage to important parts of your vehicle in an accident, or wireless congestion or jamming.
  9. We are not obligated to provide any maintenance or support for the Services and Application, technical or otherwise. If we provide any such maintenance or support, we may discontinue them at any time without notice.
  10. We may access and review data relating to your use of the Services and Application for the purpose of ensuring the proper operation of the Services and Application and their various features, to ensure your compliance with these Terms of Use, or to comply with applicable law.
  11. All right, title, and interest in and to the Services and Application are and will remain our exclusive property. The Services and Application are protected by copyright, trademark, and other domestic and foreign laws concerning intellectual property. You may not reproduce, modify, or create derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, communicate, or otherwise use or commercially exploit the Services.
  12. The Services may not be available throughout Canada.
  3. Disclaimer of Warranty and Limitation of Liability:
  1. The Services and Application are provided "as is" without warranty of any kind, either express or implied, including without limitation any implied warranties of condition, uninterrupted use, merchantability, fitness for a particular purpose, or non-infringement. This provision may not apply in your jurisdiction, but you agree that it shall be interpreted to its fullest extent.
  2. We are not an insurance company. You are responsible for your vehicle insurance. The Services do not provide insurance for your vehicle and are not an insurance product. The Services are provided as a convenience.
  3. You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services in breach of these Terms of Use or in any manner that is contrary to applicable laws.
  4. Modification of the Terms of Use, Term and Termination:
  1. You agree that we may at any time and at our sole discretion modify the Agreement. You specifically agree to: (i) review such modified Agreement; and (ii) to indicate your consent to the modified Agreement if you wish to accept and abide by the modified Agreement. If you do not accept the modified Agreement, we may cease to provide the Service to you after a period of sixty (60) days. Each such amendment (i) will be communicated to you at least thirty (30) days before its coming into force; (ii) set out the new section only, or an amended section along with the section as it read formerly; and (iii) set out the date the amendment comes into force.
  2. These Terms of Use apply from the date of your acceptance until the Services are cancelled or terminated by you or us as permitted in these Terms of Use.
  3. You may cancel your individual account at any time by stopping your use of the Application and Services and uninstalling them. We reserve the right to suspend or end the Service at any time at our discretion by providing you with at least sixty (60) days’ prior notice. If you breach this Agreement, we will have the right to terminate this Agreement and to deactivate your account immediately if we notify you of your breach and you do not remedy this within five (5) days.
  4. Upon termination or expiration of these Terms of Use, you must immediately stop using the Services and the Application. All provisions of these Terms of Use which by their nature survive the termination or expiration, shall survive termination or expiration of these Terms of Use.
  5. General:
  1. These Terms of Service shall be governed by and construed by the laws of the Province of Quebec, Canada and the laws of Canada applicable to contracts between Quebec residents and to be performed in Quebec. Any and all disputes arising out of this Agreement shall be brought before the Courts of competent jurisdiction in the district of Montreal, Province of Québec.
  2. If a particular provision of these Terms of Use is held to be invalid, the provision shall be deemed severed from these Terms of Use and shall not affect the validity of these Terms of Use as a whole.
  3. These Terms of Use are the entire and exclusive agreement between ourselves regarding the Services and Application, and these Terms of Use supersede and replace any prior agreements between ourselves regarding the Services and the Application.
  4. We will be allowed to assign our obligations under these Terms of Use to any third party without requiring your consent.
  5. The Parties have expressly requested that these Terms of Use be drawn up in English and that all modifications thereof can be made in this language. Les Parties ont expressément demandé que ce contrat soit rédigé en anglais et que toute modification à celui-ci puisse se faire également dans cette langue.
  6. Registration:
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Owners Card; (b) maintain and promptly update the registration data to keep it true, accurate, current and complete; and (c) if applicable, provide appropriate notification messages for any event notifications that you set-up on the Service. If you provide information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend your account and refuse any and all current or future use of the Service (or any portion thereof) until such time as your registration data can be verified.
  7. Company Privacy Policy:
Registration data and certain other information about you are subject to our Privacy Policy. The Company Privacy Policy covers Company’s treatment of personally identifiable information that Company collects when you use the Company Services. This policy also covers Company, treatment of any personally identifiable information that Company’s business partner(s) share with Company. This policy does not apply to the practices of companies that Company does not own or control or to people that Company does not employ or manage.
  8. Information Sharing & Disclosure:
Company will not sell or rent your personal information to anyone without your permission. Company will send personal information about you to other companies or people only when:
· We have your consent to share the information;
· We need to share your information to provide the product or Service you have requested;
· We need to send the information to companies who work on behalf of Company to provide a product or Service to you.
· We respond to subpoenas, court orders or legal process; or
· We find that your actions on the Services violate the T&C or any of our usage guidelines for specific products or Services.
  9. User Account, Password & Security:
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You understand that a person or entity with knowledge of your password and account may be able to track and/or control your assets connected to the Service. You agree to (a) immediately notify Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Company cannot and will not be liable for any loss or damage of any nature arising from your failure to comply with this Section 6.
10. User Conduct:
You agree not to use the Company Service to:
· Transmit any content, including but not limited to notification messages, that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
· Harm minors in any way;
· Transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
· Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
· Intentionally or unintentionally violate any applicable local, state, national or international law; or
· Harass or ‘stalk’ another Company user.
Company and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any notification messages available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge that you may not rely on any content created by Company or submitted to the Service.
You acknowledge and agree that Company may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the T&C; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Company, its users and the public.
You understand that the technical processing and transmission of the Service, including your notifications, commands and the location of your assets vehicles, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
11. Indemnity:
You agree to indemnify and hold Company, and its subsidiaries dealers, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: notifications you submit for transmission through the Service; your use of the Service to control your asset(s); your connection to the Service; your violation of the T&C; or your violation of any rights of another. Company tracking device(s) and supporting and Company Service may not be used to violate the privacy rights of others, or in violation of local, county, state or federal statutes. GPS tracking may be illegal in certain states. In no way will Company, or its subsidiaries, dealers or partners be held responsible for inappropriate use of these products.
IT IS THE SOLE RESPONSIBILITY OF THE BUYER TO CONSULT LEGAL COUNSEL FOR THE INTERPRETATION OF ANY LAWS APPLICABLE TO THE AREA OF INTENDED USE OF THESE PRODUCTS.
Company products and Company Service are mutually exclusive in their respective functions and activities and as such do not affect the customer’s financial responsibility to make payments for Company product and/or Company Service.
Company products and/or Company Services provide vehicle location features, but are no substitute for a comprehensive vehicle insurance policy. THIS SERVICE IN NO WAY IS A REPLACEMENT FOR AUTOMOBILE INSURANCE.
12. No Resale of Service:
You agree not to reproduce, duplicate, copy, sell, resell or exploit for commercial purposes, any portion of the Service, use of the Service, or access to the Service, without the sole written consent of Company
13. General Practices Regarding Use & Storage:
You acknowledge that Company may establish general practices and limits concerning use of the Service, including without limitation, the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. Also, customers with the “Starter Plan” of service may be required to upgrade their service to the “Premium Plan” if they are found to use the service in excess of 70KB per month for three consecutive months. Use exceeding 70KB is considered excessive use or for commercial applications and will be subject to an upgrade to a higher usage plan, deemed “Premium Plan”. In the rare event that customers exceed “Premium Plan” usage rates, Company reserves the right to charge the customer for additional usage. If the customer does not upgrade and or pay for additional service, service may be suspended at the discretion of Company. You agree that Company has no responsibility or liability for the deletion or failure to store any notifications and other communications or other content maintained or transmitted by the Service. You acknowledge that Company reserves the right to log off accounts for which Service use fees are not timely paid. You further acknowledge that Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
14. Modifications to Service:
The Company reserves the right at any time and from time to time to modify or terminate the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification or termination of the Service. Lifetime service extends for the useful life of your device or as long as the device receives data from the network, whichever is shorter. A device's "useful life" means the period during which the receiver (a) has the required technical capabilities to utilize current data service and (b) is capable of operating as intended without major repairs. Service is not available in all areas.
15. Termination:
You agree that Company, at its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within the Service, if Service use fees are not timely paid or if Company believes that you have violated or acted inconsistently with the letter or spirit of the T&C. You agree that any termination of your access to the Service under any provision of this T&C may be effected without prior notice, and acknowledge and agree that Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Company shall not be liable to you or any third-party for any termination of your access to the Service according to the T&C.
16. Communication and Marketing Consent:
By using our services, you agree to receive communications from us, including but not limited to service updates, promotional offers, and other relevant information related to our products and services. These communications may be sent via email, push notifications, or other available channels. We respect your privacy and will not sell, rent, or share your personal information with third parties for marketing purposes. Any information you provide will be used solely in accordance with our Privacy Policy. You may opt out of receiving promotional communications at any time by turning off in-app notifications or following the unsubscribe instructions provided in our emails or by contacting us directly. However, please note that you may still receive important service-related communications necessary for the operation of your account. For more details on how we handle your personal information, please refer to our Privacy Policy.
17. Dealings with Advertisers:
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
18. Links:
The Service may provide, or third parties may provide, links to other Internet and/or mobile sites or resources. Company has no control over such sites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or Services available on or through any such site or resource.
19. Information We Collect
When you interact with our services, we may collect personal information such as:
· Name
· Email address
· Phone number
· Account login credentials (not passwords)
20. Non-Personal Information
We may also collect non-personal information, including
· Device information
· Device Usage data
21. How We Use Your Information
We use the collected information for purposes such as:
· Providing and improving our services
· Sending service-related communications
· Sending promotional offers (with your consent)
· Analyzing website performance and user behavior
· Complying with legal obligations
22. How We Share Your Information
We do not sell, rent, or share your personal information with third parties for marketing purposes. However, we may share information with:
· Service providers: To help operate our business (e.g., email service providers)
· Legal compliance: When required by law, such as responding to subpoenas or legal requests
· Business transfers: In case of a merger, acquisition, or asset sale
23. Your Choices and Rights
Depending on your location, you may have the right to:
· Access, update, or delete your personal information
· Opt out of marketing communications
· Restrict data processing in certain situations
To exercise these rights, please contact us
24. Data Security
We take reasonable security measures to protect your information from unauthorized access, alteration, or destruction. However, no online system is 100% secure, and we cannot guarantee absolute security.
25. Retention of Information
We retain your information only as long as necessary for business and legal purposes. When no longer needed, we securely delete or anonymize it.
26. Company's Proprietary Rights:
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, Service marks, patents or other proprietary rights and laws. Except as expressly authorized by Company or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part.
27. Disclaimer of Warranties:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. Your warranty covers up to One year from original date of purchase.
b. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
c. COMPANY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ALTHOUGH HISTORICALLY RARE, COMPANY SYSTEMS RELY ON GPS AND CELLULAR NETWORKS, AND BECAUSE THESE NETWORKS MAY FROM TIME EXPERIENCE THE EFFECTS OF, BUT NOT LIMITED TO, SOLAR STORMS, SOLAR FLARES OR SUNSPOTS, WHICH MAY IMPACT THE TIMING OF GPS SIGNALS AND CONSEQUENTIALLY THE SUBSCRIBER’S VEHICLE LOCATION ACCURACY, THESE DISTURBANCES ARE UNUSUAL AND BEYOND THE CONTROL OF COMPANY OR ANY OTHER AGENCY. COMPANY CANNOT WARRANT OR BE HELD LIABLE FOR NATURAL OR UNNATURAL DISTURBANCES. SIMIALARLY, TERRESTRIAL CELLULAR SIGNALS MAY ALSO BE AFFECTED BY TERRAIN, BUILDINGS, ATMOSPHERIC ACTIVITY WHICH MAY PRODUCE ANOMULOUS PROPAGATION AND CAUSE THE INTERMITTENANT ABSENCE, DELAY OR DELETION OF TEXT MESSAGES.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE T&C. In the unusual event that a customer’s tracking device becomes inactive for any reason, it is the customer’s responsibility to have the unit repaired as quickly as possible. The out of Service time does not constitute an extended hardware warranty in its own right nor does it absolve the customer of their financial responsibility for their subscription. Due to the secure nature of the Company Service, all attempts will be made to repair the MYSTART PLUS™ products as soon as possible whether in or out of warranty.
28. Limitation of Liability:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. TO THE EXTENT POSSIBLE UNDER APPLICABLE LAW, COMPANY’S DIRECT DAMAGES FOR ITS BREACH OF ANY OBLIGATIONS UNDER THE T&C SHALL BE ABSOLUTELY LIMITED TO THE AMOUNT OF FEES PAID BY YOU FOR THE SERVICE.
29. Exclusions & Limitations:
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 27 AND 28 MAY NOT APPLY TO YOU.
30. Trademarks:
Company, the Company logo, Service marks, and other Company logos and product and Service names are trademarks and Service marks of Company Without Company’s prior permission, you agree not to display or use in any manner, the Company trademarks and Service marks.
31. General Information:
The T&C constitutes the entire agreement between you and Company and governs your use of the Service, superseding any prior agreements between you and Company You also may be subject to additional terms and conditions that may apply when you use affiliate Services, third-party content or third-party software. The T&C and the relationship between you and Company shall be governed by the laws of the Quebec, Canada without regard to its conflict of law provisions. You and Company agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Quebec, Canada. The failure of Company to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision. If any provision of the T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the T&C remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the T&C must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Contact

If you have any concern, question or complaint regarding these Terms of Use or Privacy Policy, please contact us using our Support Page