MyGabb Terms of Service
Welcome to Gabb! Gabb Wireless™ devices are primarily communications and location services device for children to help parents/guardians connect with, communicate, monitor, and locate their children.
YOUR ACCESS AND USE OF THE GABB WIRELESS SERVICE IS SUBJECT TO (1) THESE TERMS OF SERVICE, (2) YOUR AGREEMENTS WITH THIRD PARTIES, SUCH AS YOUR WIRELESS CARRIER, APP STORE/PLATFORM OR DEVICE PROVIDER AND (3) ALL APPLICABLE LAWS, RULES AND REGULATIONS. YOU MUST BE AT LEAST 18 YEARS OF AGE, THE AGE OF MAJORITY IN YOUR PLACE OF RESIDENCE TO USE THE GABB WIRELESS SERVICE. BY ACCESSING OR USING ANY PART OF THE GABB WIRELESS SERVICE, YOU ACKNOWLEDGE THAT YOU ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU MAY NOT USE ANY PORTION OF THE GABB WIRELESS SERVICE.
Gabb Wireless Device Overview: The website, online service and mobile application (the “MyGabb App”), and the mobile device (the “Gabb Wireless Device”, collectively the “Gabb Wireless Service”) are provided by Gabb Wireless, Inc The Gabb Wireless Device can be configured, monitored and contacted through the MyGabb App. Please read the User Manual https://gabbwireless.com/gps/ for more information. You may not resell use of, or access to, the Gabb Wireless Service to any third party. You may not use the Gabb Wireless Service for any commercial purpose without the prior written consent of Gabb Wireless, Inc.
Gabb Wireless Service: The Gabb Wireless Device will only operate if you have obtained a service plan from Gabb Wireless. The terms of service are between you and Gabb Wireless. Gabb Wireless, Inc is not a party to such agreement, does not control the actions of the main Wireless Network provider. In no event shall Gabb Wireless, Inc. be liable for the acts or omissions of or the operation of services from the main wireless network provider, and you hereby release and discharge Gabb Wireless, Inc from any such liability.
Location Device / Emergency: The Gabb Wireless Service is intended for use as a location device. However, the Gabb Wireless Service is not a failsafe security system. Therefore, proper safety precautions should always be used with children, despite the use of the Gabb Wireless Service.
911 Compatible: The Gabb Wireless Device is compatible with 911, please make your children call 911 under the right guidance.
Not Compatible with Accessibility Features: The Gabb Wireless Device is not designed to be compatible with telecommunications accessibility features or services such as TTY, audio prompts or similar features for those.
Who is our customer: Our customer is the individual who has registered the Gabb Wireless Device. We are under no obligation to respond to requests, inquires, demands, or communications from any party (such as another family member) other than our customer.
Limited Warranty for the Device: Gabb Wireless Device provides a limited warranty to you (if you are the initial and original purchaser of the Device) that the Device is free from defects in materials or workmanship under normal use when used in compliance with the User Manual for 1 year from the original date of purchase from an authorized Gabb Wireless Device reseller, subject to the limitations and terms of the warranty disclosure. You should read Gabb Wireless full warranty disclosure here: https://gabbwireless.com/support/. Gabb Wireless, Inc provides no warranty regarding the wireless service provided by Gabb Wireless or the MyGabb App.
MyGabb App License: In order to use the Gabb Wireless Service, you will need to download and install the MyGabb App. Gabb Wireless, Inc hereby grant you a non-exclusive, non-transferable, revocable, limited license to use the MyGabb App solely on devices that you own or manage. You represent and warrant to us that you have the right to install and operate the MyGabb App on such devices you are using. You may not remove, obscure, modify or disable any proprietary notices from Gabb Wireless on any part of the Gabb Wireless Service. You may not transfer this license to another party unless that party affirmatively accepts these Terms of Service. You may not use the Gabb Wireless Device Service for any purpose that is illegal or potentially harmful to another party, including:
Uninstall MyGabb App: You may uninstall the MyGabb App at any time by deleting it from your device in the same manner that you delete similar apps.
MyGabb App Updates: Gabb Wireless, Inc may change, update or otherwise modify the MyGabb App or the software on the Gabb Wireless Device at any time. If we do so, you may have to download a patch or new version in order to continue using the Gabb Wireless Device Service. In addition, you agree that we may, without providing additional notice to you, automatically install updates to the MyGabb App or the Gabb Wireless Device.
Registration and Passwords: In order to use the Gabb Wireless Service, you must register and install the MyGabb App. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. All email accounts must belong to you and not any other person. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under your user name. If you suspect any unauthorized use of your user name, you should change your password.
Accessories: The purchase of accessories from Gabb Wireless may be subject to addition Terms of Service.
Termination of Access: In addition to any right or remedy that may be available to us under these Gabb Wireless Device Terms of Service or applicable law, we may suspend, limit, or terminate your account-or all or a portion of your access to the Gabb Wireless Device Service- at any time with or without notice in the event (1) you have breached these Terms of Service, (2) such action is necessary to prevent harm to any party or liability to Gabb Wireless, Inc or (3) or no longer providing you with wireless airtime for the Device.
Proprietary Rights: We are the exclusive owner or authorized licensors of the Gabb Wireless Service, including all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained therein. Without limiting the foregoing, you acknowledge that the Gabb Wireless Service is the exclusive property of Gabb Wireless, Inc, and that you will not take any act inconsistent with our ownership rights or that would damage our ownership rights. No part of the Gabb Wireless Service may be reverse engineered, decompiled or modified, nor may derivative works be created based on the Gabb Wireless Service, without the prior written consent of Gabb Wireless, Inc. All rights not granted under these Terms of Service are reserved by Gabb Wireless, Inc.
Disclaimer of Additional Warranties: EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE SECTION ENTITLED “LIMITED WARRANTY FOR THE DEVICE”, ALL PARTS OF THE GABB WIRELESS SERVICE ARE PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, AND WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE GABB WIRELESS SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE GABB WIRELESS DEVICE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES.
GABB WIRELESS INC DISCLAIMS ALL LIABILITY FOR, OR WARRANTIES FROM, THIRD PARTY SERVICES OR PRODUCTS USED IN CONNECTION WITH THE GABB WIRELESS SERVICE, SUCH AS YOUR WIRELESS CARRIER, APP STORE/PLATFORM PROVIDER, OR DEVICE MANUFACTURER.
IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states prohibit the limitation of warranties as set forth herein. If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason, or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for all liabilities, shall not exceed the greater of (1) the amount paid by you to purchase the Gabb Wireless Device from an authorized reseller or (2) one hundred dollars ($100).
Your sole remedies, and Gabb Wireless, Inc sole obligations, are as set forth under the section entitled “Limited Warranty for the Device”, for you to stop using the Gabb Wireless Device Service or the dollar limitation set forth
Changes: We may change, suspend, or terminate the Gabb Wireless Service at any time without notice. In addition, these Gabb Wireless Terms of Service may be changed at any time without prior notice. We will make such changes by posting them on the Gabb Wireless Device site located at https://gabbwireless.com/terms-conditions/ otherwise informing you of such changes. You should check for such changes frequently. Your continued access of the Gabb Wireless Device Service after such changes conclusively demonstrates your acceptance of those changes.
Indemnification: You agree to indemnify, defend, and hold us and our representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney fees and costs, arising from, or related to (1) any breach by you of these Terms of Service, (2) your use of the Gabb Wireless Device Service or (3) a violation by you of any applicable law, agreement, or obligation to a third party.
Governing Law: The laws of the State of Utah shall govern these Terms of Service and, subject to the arbitration section below, YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN UTAH FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR ACCESS OR USE OF THE Gabb Wireless Service. Notwithstanding the arbitration section below, Gabb Wireless, Inc may seek an injunction in a court of competent jurisdiction to the extent necessary to prevent any harm to any party or liability to Gabb Wireless, Inc.
Arbitration: You hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning, or arising out of these Terms of Service or the Gabb Wireless Device Service. The arbitration will be conducted before a single arbitrator and will be held at the AAA location in UTAH. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Gabb Wireless, Inc will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and us alone. Claims may not be joined on consolidated unless agreed to in a writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate a litigation or any other proceeding against Gabb Wireless, Inc in violation of this paragraph, you agree to pay Gabb Wireless, Inc reasonable costs and attorneys’ fees incurred in connection with its enforcement of this paragraph.
Severability: If any part of these Terms of Service shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Service.
Waiver; Remedies: The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Service by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Service. Our rights and remedies under these Terms of Service shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
Export: You may not use or otherwise export or re-export the Gabb Wireless Service except as authorized by United States law and the laws of the jurisdiction in which the Gabb Wireless Device Service was obtained. In particular, but without limitation, the Gabb Wireless Device Service may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Gabb Wireless Service, you represent and warrant that you are not located in any such country or on any such list.
FCC: The Gabb Wireless Device complies with part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) The Gabb Wireless Device may not cause harmful interference, and (2) This device must accept any interference received, including interference that may cause undesired operation. This equipment complies with FCC RF radiation exposure limits set forth for an uncontrolled environment. For body-worn operation and use near the head, the Gabb Wireless Device has been tested and meets the FCC RF exposure guidelines when used with the wrist strap supplied with this product. Use of other accessories may not ensure compliance with FCC RF exposure guidelines. The maximum SAR value reported for body worn operation is 1.15 W/kg. The maximum SAR value reported against the head is 0.23 W/kg.
Third Parties: Platform providers, such as AT&T®, Apple®, Google® and other third-party carriers, platform or software providers, and device manufacturers (“Platform Providers”) are not parties to these Terms of Service. Except as otherwise agreed in writing between you and the applicable Platform Provider, Platform Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the Gabb Wireless Service. To the maximum extent permitted by applicable law, Platform Providers will have no other warranty obligation whatsoever with respect to the Gabb Wireless Service. Except as otherwise agreed in writing between you and the applicable Platform Provider, You acknowledge that Platform Providers are not responsible for addressing any claims relating to the Gabb Wireless Service or your possession and/or use of the Gabb Wireless Service, including but not limited to: (i) product liability claims; (ii) any claim that the Gabb Wireless Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. We, not the Platform Providers, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim by the Gabb Wireless Device. Platform Providers are third party beneficiaries of these Terms of Service, and Platform Providers will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary thereof. You represent that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.
Contact Information: Should you have any questions regarding these Terms of Service, to report a violation of these Terms of Service, or abuse of the Gabb Wireless Service, to receive help in uninstalling the MyGabb App or for any other matter, you may contact us at: https://gabbwireless.com/contact/.
- Gabb Wireless Device provides a wireless device and service to help parents/guardians communicate with, monitor, track, and locate their children. This is a data driven service.
- The device will automatically collect the physical location from the device at all times when activated. Gabb Wireless also receives data about the use of the device and the accompanying application.
- Gabb Wireless Device will use this information to provide the location-based services and to contact the parents/guardians regarding the service and other information.
Last updated: Jan 2019 – GDPR/COPPA Compliance
Personal information collected through the MyGabb App: Through the MyGabb App we may collect your name, email address, date of birth, billing information, and other personal information, as well as that of the child who will use the Gabb Wireless Device. We do not collect personal information from you unless you voluntarily provide it to us.
Location-based information collected through the Gabb Wireless Service: The Gabb Wireless Device automatically and constantly collects information about the physical location of the Gabb Wireless Device when it is activated. This information is acquired through numerous methods, including GPS, cell towers and wi-fi hot spots, which are enhanced over time as we follow the Gabb Wireless Device, collect more information and improve our tracking. You may not disable location-based data collection from the Gabb Wireless Device. We may also collect such location-based information through your use of the MyGabb App.
Non-personal or aggregate information that we collect: We automatically collect non-personal information from your use of the Gabb Wireless Service, such as IP host address, device-specific identifiers, computer or smartphone configurations, pages viewed, time and usage habits on the Gabb Wireless Service and similar data. It is possible at times when collecting non-personal information through automatic means that we may unintentionally collect or receive personal information that is mixed in with the non-personal information. While we will make reasonable efforts to prevent such incidental data collection, the possibility still exists. If we do inadvertently collect personal information, we will not intentionally use such personal information as if we had collected it with your consent. We may also aggregate demographic information collected from our users (such as the number of users in a particular State) in a manner which does not identify any one individual.
Therefore, we may use your information to:
- respond to your inquires or requests;
- send you information about the Gabb Wireless Service (such as promotions, maintenance, or security information);
- send you a limited number of offers for additional products and services that may interest you, but we will not provide your personal information to third parties for them to contact you directly for their own benefit without your consent;
- permit our vendors and subcontractors to perform services, provided they are under an obligation of confidentiality and do not use the information for their own benefit;
- comply with applicable law or legal process;
- provide to a third party for their own use, such as marketing, but only if you have specifically opted-in to such third-party sharing;
- investigate suspected fraud, harassment, danger to persons or property or other violations of any law, rule or regulation, or the terms or policies for the Gabb Wireless Service or our business partners;
- share with law enforcement and other parties trying to locate a lost child;
- develop and enhance our own data, such as through tracking the location of your Gabb Wireless Device, provided that any disclosures of such data does not specifically identify you, your Gabb Wireless Device or your specific location;
- transfer information in connection with the sale or merger or change of control of Gabb Wireless Device or the division responsible for the services with which your information is associated;
- share non-personal or de-identified information with any number of parties, including analytics companies, Technologies, providers and other business partners; or
- combine it with data from other sources outside of your use of the Gabb Wireless Service, such as data obtained from wi-fi access points within range of your Gabb Wireless Device.
Auto deletion of data: We may automatically delete data from a Gabb Wireless Device or from the MyGabb App in connection with a returned or terminated account or device, or as necessary to protect against unauthorized access to the data.
Security: The security of your information is very important to us. We use reasonable efforts internally at Gabb Wireless, Inc to protect it from unauthorized access. However, due to the inherent open nature of the Internet and wireless communications, we cannot guarantee that your personal information will be completely free from unauthorized access by third parties, such when transferred over or through systems not within our exclusive control. Your use of our Gabb Wireless Service demonstrates your assumption of this risk. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect. Only those employees who need access to your information in order to perform their duties are authorized to have access to your personal information. For more information on protecting your privacy, please visit www.ftc.gov/privacy.
Personal information from children: While the Gabb Wireless Device is designed to be worn by a child, our customer is the applicable parent/guardian or other adult over 18 years of age who has enabled the Gabb Wireless Service. By providing the Gabb Wireless Device to a child, you represent and warrant to Gabb Wireless, Inc that you are authorized by such child’s parent or guardian to enable and permit Gabb Wireless, Inc to operate the Gabb Wireless Service and collect and use the information from the child as stated herein.
Data retention: We may retain your information for as long as we feel that there is a business need or benefit to do so. This will include retaining location-based information.
Data Access: Gabb Wireless Data collected through use of the Gabb Wireless Device and/or the MyGabb App, including location information, frequency of use and emergency contact information is generally not available to customers for their own, direct access.
Other services: As a convenience to you, we may provide links to third party services from within our Gabb Wireless Service. We are not responsible for the privacy practices or content of these third-party services, and such links should not be construed as an endorsement of any such third-party services. When you link away from our Gabb Wireless Service, you do so at your own risk.
If you no longer want any data collected by Gabb Wireless from the Gabb Wireless Device, then you will need to deactivate the service.
Contact: For questions or concerns relating to privacy, we can be contacted at: https://gabbwireless.com/contact/– 801-787-3578 – Gabb Wireless, Inc., 1633 W. INNOVATION WAY, 4TH FLOOR LEHI UT 84043
Certification: Gabb Wireless’s privacy and safety practices are certified COPPA-compliant by iKeepSafe. For COPPA-related inquiries, please contact COPPAPrivacy@ikeepsafe.org.