Effective Date: 1/25/2025
Last Updated: 12/16/2024
1. ACCEPTANCE OF TERMS
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "Customer," or "you") and RETRO LLC, a Texas limited liability company ("RETRO," "Company," "we," "us," or "our"), and its subsidiaries, including but not limited to ALERTi. By accessing, using, or registering for any of our websites, applications, products, or services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms.
2. DESCRIPTION OF SERVICES
RETRO develops and operates various applications and services, including but not limited to Software as a Service (SaaS) platforms, mobile applications, web-based services, and other digital products. The nature and scope of our services may vary by subsidiary and are subject to change at our discretion. Each subsidiary may offer distinct products or services under these Terms unless otherwise specified by that subsidiary.
3. USER ACCOUNTS AND REGISTRATION
3.1 Account Creation
Users may create accounts or profiles on our platforms to access certain Services. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3.2 Age Requirements and Minors
Our Services are available to users of all ages, including minors. However, users under 13 years of age are subject to additional protections under the Children's Online Privacy Protection Act (COPPA). For users under 13, parental consent may be required for certain data collection activities as mandated by applicable law.
4. DATA COLLECTION AND PRIVACY
4.1 Information We May Collect
We may collect various types of personal information as necessary for our Services, including but not limited to:
- Personal identifiers (full names, aliases, maiden names)
- Contact information (addresses, phone numbers, email addresses)
- Government identifiers (SSN, driver's license, passport numbers, taxpayer ID)
- Financial information (credit/debit card details, financial account information)
- Biometric and personal characteristics (date of birth, place of birth, race, religion, weight)
- Professional and employment information
- Medical and health information
- Educational information
- Vehicle information (registration numbers, VIN)
- Geolocation data
- Internet and network activity information (IP addresses, MAC addresses)
- Family member information
4.2 Texas Data Privacy Rights
Texas residents have specific rights under the Texas Data Privacy and Security Act, including the right to access, correct, delete, and obtain portable copies of their personal data. Consumers may also opt-out of data processing for targeted advertising, sales, or profiling purposes.
4.3 Children's Privacy
We comply with COPPA requirements for users under 13 years of age. We may require parental consent before collecting certain personal information from children, and parents have the right to review and request deletion of their child's personal information.
5. PAYMENT TERMS
5.1 Payment Methods
We offer various subscription models, one-time purchases, and ongoing services. Payments are processed online or through other agreed-upon methods as determined by each subsidiary. All fees are non-refundable unless otherwise specified or required by law.
5.2 Pricing Changes
We reserve the right to modify pricing for our Services with appropriate notice to users.
6. INTELLECTUAL PROPERTY
6.1 Company IP
RETRO and its subsidiaries retain all rights, title, and interest in and to the Services, including all software, technology, content, trademarks, and other intellectual property. Users are granted a limited, non-exclusive, non-transferable license to use the Services in accordance with these Terms.
6.2 User Content
Users retain ownership of content, data, and materials they upload to our platforms ("User Content"). By uploading User Content, you grant us a worldwide, royalty-free license to use, modify, and distribute such content as necessary to provide the Services.
6.3 Custom Work
We may create custom work or intellectual property for clients. Ownership of such work will be specified in separate agreements or as otherwise agreed upon.
7. CONFIDENTIALITY
We may have confidentiality obligations regarding business information and user data. We implement appropriate security measures to protect confidential information in accordance with industry standards and applicable law.
8. THIRD-PARTY SERVICES
We may work with third-party vendors, contractors, or partners to provide certain aspects of our Services. These third parties may have their own terms and privacy policies, and we are not responsible for their practices.
9. LIMITATION OF LIABILITY
9.1 Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO THE SPECIFIC PLATFORM OR SUBSIDIARY WITH WHICH YOU HAVE A DISPUTE. This limitation applies regardless of the legal theory upon which the claim is based.
9.2 Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10. DISPUTE RESOLUTION
10.1 Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved through binding arbitration rather than in court. Arbitration will be conducted in accordance with the rules of the American Arbitration Association.
10.2 Class Action Waiver
You agree to resolve disputes on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitrations.
11. GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Texas.
12. REFUNDS, WARRANTIES, AND GUARANTEES
We may offer refunds, warranties, or guarantees for certain Services as determined by each subsidiary and as described in applicable service agreements. Such terms will be clearly communicated at the time of purchase or service engagement.
13. TERMINATION
We reserve the right to terminate or suspend your access to the Services at any time, with or without cause, with or without notice. Upon termination, your right to use the Services will cease immediately.
14. MODIFICATIONS TO TERMS
We may modify these Terms at any time by posting the updated Terms on our website or through our Services. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms.
15. SEVERABILITY
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed stricken and severed from these Terms. The remaining provisions shall remain in full force and effect and shall be construed to give effect to the parties' intent. If any invalid provision is essential to the purpose of these Terms, the parties agree to negotiate in good faith to replace such provision with a valid provision that achieves the same commercial purpose.
16. ENTIRE AGREEMENT
These Terms, together with any additional terms specific to individual Services, constitute the entire agreement between you and RETRO regarding the Services and supersede all prior agreements and understandings.
17. CONTACT INFORMATION
For questions about these Terms or our Services, please contact us at:
RETRO LLC
9410 Walnut St Ste 112
Dallas, TX 75243
For DMCA reports contact [email protected]
For Questions and Concerns contact [email protected]
(469) 777-8541
By signing up and/or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.