Terms of Service

By accessing and using the SPEAR platform ("Service"), you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to abide by these terms, please do not use this Service.

These Terms of Service ("Terms") govern your use of our website located at spear-global.com and our remote device management services operated by SPEAR Platform ("us", "we", or "our").

The following definitions apply throughout these Terms:

• "Service" means the SPEAR remote device management platform, including our website, applications, and all related features and functionality.
• "Device" means the Samsung Galaxy A14 smartphone or other hardware device purchased from or used with the Service.
• "Subscription" means your paid access to the Service, billed on a monthly recurring basis.
• "You" or "User" means the individual or entity accessing or using the Service.
• "Third-Party Services" means services not operated by SPEAR, including but not limited to check-in applications (such as HHAeXchange), payment processors, and device manufacturers.
• "Content" means any data, information, or materials transmitted through or stored on Devices using the Service.

SPEAR provides a secure remote device management platform that enables users to:

• Remotely access and control Devices
• Manage Device configurations and settings
• Monitor Device performance and connectivity
• Access analytics and reporting features

Home Care Worker Solutions

For home care professionals, SPEAR enables remote access to Devices placed at client locations, which can be used with third-party check-in applications. You understand that:

• SPEAR facilitates remote access to your Device only
• SPEAR does not operate or control Third-Party Services such as HHAeXchange
• Compatibility with Third-Party Services is not guaranteed
• You are responsible for compliance with your employer or agency requirements

To use our Service, you must:

• Be at least 18 years old
• Be capable of forming a binding contract
• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

If you purchase a Device through SPEAR, the following terms apply:

Ownership

When you purchase a Device from SPEAR, you are buying the physical hardware. The Device is yours to keep, regardless of your Subscription status. The one-time Device fee ($100) is non-refundable.

Shipping

• Devices are processed and shipped within 3 business days of order
• Standard shipping is included in the Device price
• Risk of loss or damage passes to you upon delivery to the carrier
• You are responsible for providing accurate shipping information

Pre-Configuration

Devices purchased from SPEAR come pre-configured with our remote access software. You may not remove, disable, or interfere with this configuration while maintaining an active Subscription.

No Warranty

SPEAR PROVIDES NO WARRANTY FOR DEVICES. Any warranty coverage is provided solely by the Device manufacturer (Samsung). Contact Samsung directly for hardware defects, repairs, or warranty claims. SPEAR is not responsible for Device malfunction, damage, loss, or theft.

BYOD (Bring Your Own Device)

If you use your own Device with the Service, you are responsible for ensuring the Device meets our minimum requirements and is properly configured. We are not responsible for any issues arising from Device incompatibility.

Current Pricing

SPEAR offers the following subscription plans:

How to Cancel

You may cancel your Subscription at any time using any of these methods:

• Online: Log in at spear-global.com, go to Settings, and click "Cancel Subscription"
• Email: Send a cancellation request to support@spear-global.com

Cancellation takes effect at the end of your current billing period. You will retain access to the Service until then.

Refund Policy

• Service Fees: Refundable within 7 days of delivery for both BYOD and Furnished Device customers. After 7 days, service fees are non-refundable.
• After 7 Days: If you cancel after 7 days, you may finish out your paid month of service, then your subscription will be turned off. No refunds.
• Device: Device purchases are non-refundable. The Device is yours to keep.
• Partial Months: We do not provide refunds for partial months.

Damaged or Defective Devices

• Damaged on Arrival: If your device arrives damaged, contact us immediately via support ticket or email with photos of the damage. We evaluate each case individually and will replace the device if we determine it was damaged during shipping.
• Defective Within 30 Days: If your device becomes defective within 30 days of delivery, contact us for evaluation. We handle these situations on a case-by-case basis.
• Note: We do not automatically replace damaged devices. Each case requires review and approval.

For complete details, see our Subscription & Billing Policy.

General Responsibilities

You are responsible for:

• Maintaining the security of your account credentials
• All activity that occurs under your account
• Ensuring you have proper authorization to access and manage any Devices
• Complying with all applicable laws and regulations
• Providing accurate and current account information

Third-Party Check-In Applications

If you use the Service with third-party applications (such as HHAeXchange):

• You must comply with all terms of those third-party services
• You must comply with your employer or agency's policies
• You are responsible for understanding and following the requirements of your position
• SPEAR does not guarantee compatibility with any third-party application
• SPEAR is not responsible for actions taken by your employer based on check-in records

You agree not to use the Service to:

• Commit fraud or misrepresent your presence, attendance, or services provided
• Violate any applicable laws, regulations, or third-party rights
• Access devices or accounts without authorization
• Engage in unauthorized surveillance or monitoring
• Interfere with or disrupt the Service or servers
• Transmit malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to other systems
• Share your account credentials with others
• Reverse engineer or attempt to extract source code
• Use the Service for illegal purposes

Violations may result in immediate suspension or termination of your account.

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

You retain ownership of your data. We provide tools to export your data and will delete your data upon account termination, subject to legal retention requirements.

You are responsible for ensuring you have proper authorization to access and manage any devices through our Service.

The Service incorporates third-party software components, including open source software. These components are subject to their own license terms.

Open Source Components

The Service uses RustDesk remote desktop software, which is licensed under the GNU Affero General Public License (AGPL-3.0). Information about this and other open source components can be found in our Third-Party Notices.

Third-Party Services

The Service integrates with or relies upon various third-party services, including:

• Payment processing (PayPal)
• Authentication services (Clerk)
• Cloud hosting and infrastructure

We are not responsible for the availability, accuracy, or actions of third-party services. Your use of third-party services is subject to their respective terms and policies.

We strive to maintain high availability for our Service, but we do not guarantee uninterrupted access. We may perform maintenance that temporarily affects availability.

Support:

• Email support is available to all subscribers at support@spear-global.com
• We typically respond within 24 hours
• Self-service resources are available in our help center

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Without limiting the foregoing, we do not warrant that:

• The Service will be uninterrupted, error-free, or secure
• The Service will meet your requirements or expectations
• Any data or information will be accurate, current, or complete
• The Service will be compatible with third-party applications
• Connection or access will be continuously available

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

IN NO EVENT SHALL SPEAR, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business
• Loss of data or information
• Loss of employment or job opportunities
• Disciplinary action by your employer
• Claims by third parties
• Business interruption

OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:

• The amounts you paid to us in the twelve (12) months preceding the claim, OR
• One hundred dollars ($100)

These limitations apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

You agree to defend, indemnify, and hold harmless SPEAR, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any rights of any third party
• Your failure to obtain required permissions or consents for in-home Device placement
• Any dispute with your employer, agency, or client regarding attendance, check-ins, or services
• Any misrepresentation of your presence, attendance, or services performed
• Any Content you transmit through the Service

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Agreement to Arbitrate

You and SPEAR agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding individual arbitration, rather than in court, except that:

• You may bring claims in small claims court if your claims qualify
• Either party may seek injunctive relief in court for intellectual property matters

Class Action Waiver

YOU AND SPEAR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Opt-Out

You may opt out of this arbitration agreement by sending written notice to legal@spear-global.com within 30 days of creating your account. Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles.

Either party may terminate this agreement:

By You:

• Cancel your subscription through your account settings
• Cancellation takes effect at the end of your current billing period
• No refunds for partial months

By Us:

• For violation of these Terms
• For non-payment of fees
• For illegal or harmful use of the Service
• With 30 days' notice for any reason

Upon termination, your right to access the Service will end. Any Device you purchased remains your property.

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through the Service at least 30 days before the changes take effect.

Continued use of the Service after the effective date of any changes constitutes acceptance of the new Terms.

If you have any questions about these Terms, please contact us: