Update on January 21, 2022
Fetch Terms and Conditions
If you are using the Service as a Partner and your vehicle requires the installation of a Fetch device in order for Fetch to provide you with our Services, the following Terms and Conditions shall, together with the Terms of Service (the “General Terms”), apply to your use of the Services. Any undefined capitalized terms used herein shall have the meaning ascribed to such terms in the General Terms. If you do not agree with any part of these terms and conditions, you should not participate as a Partner. Fetch reserves the right to modify the terms and conditions at any time. By allowing the Fetch device to be installed in your car and continuing your participation as a Partner, you are accepting these, and any revisions to these, terms and conditions.
About the Fetch device
The Fetch device is an electronic device that can be installed in or on your vehicle to help provide rental services. Fetch devices are the property of Fetch and may be provided by us for each vehicle you enroll. Fetch retains all rights, titles, and interests in and to the Fetch device and firmware. You may not reverse engineer, disassemble, decompile, alter, duplicate, translate, make copies, or create derivative works from the device or firmware, or otherwise attempt to derive the source code of the firmware. If applicable law permits such activities, any information discovered as a result of these activities must be promptly disclosed to Fetch and is the confidential and proprietary information of Fetch.
You acknowledge and agree that in order for you to use the Service as a Partner, a Fetch device must be installed and remain installed for the duration of your use of the Service. If the Fetch device is uninstalled, including by a third party, you must immediately inform Fetch.
Prior to installation of the Fetch device, Partners must disclose any third-party devices installed in their vehicle and acknowledge that Fetch takes no responsibility for any liability arising out of the use or installation of third-party devices in their vehicle. Fetch will not be responsible for any customer service needs regarding the use or installation of such third-party devices.
You may not use Fetch Services for any unlawful purposes or solely in connection with the placement of your vehicle on any other car-sharing services. However, so long as your vehicle is actively enrolled in the Service, the Fetch device may remain installed in your vehicle even if such vehicle is also enrolled in another car-sharing service, subject to the requirements listed under Vehicle Data, below.
Fee and Removal
You agree to pay all fees or charges to your Partner Account in accordance with the applicable fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide Fetch with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) ("Payment Provider"). Your Payment Provider agreement governs the use of the designated credit card account, and You must refer to that agreement and not the terms of this Agreement to determine Your rights and responsibilities with respect to such payment. By providing Fetch with your credit card number and associated payment information, you agree that we are authorized to immediately invoice your Account for all fees and charges due and payable to Fetch hereunder and that no additional consent is required. You agree to immediately notify us of any change in your billing address or credit card used for payment hereunder. We reserve the right at any time to change our prices and billing methods, either immediately upon posting on the Fetch Device Catalog or by e-mail delivery to you.
Subscription Fees and Automatic Renewal. All subscriptions to access the Fetch Platform are made on a monthly basis (each a "Subscription Term" ). The initial monthly Subscription Fee will be charged at the time you order your device. Your subscription will automatically renew for an additional one (1) month period until terminated. All Subscription Fees are non-refundable.
You must notify us immediately if and when: (i) you remove your vehicle from the Service, and (ii) when you sell or otherwise transfer ownership of your vehicle to a third party; provided, that, in each case, you acknowledge and agree that, it is your responsibility to have the Fetch device removed and promptly returned to Fetch. Partners will continue being charged the full monthly Subscription Fee at the beginning of each calendar month if the Fetch device is not returned within fifteen (15) days of your vehicle being delisted.
You acknowledge and agree that you will be charged a fee of $250 for each device not returned to us in good working condition within thirty (30) days of your vehicle being delisted. Please note that this includes vehicles that are rendered unrepairable in an accident, repossessed. or impounded outside of a Fetch trip. Normal wear and tear and damage to the device caused by an accident will not result in a charge. IF THE FETCH DEVICE IS NOT RETURNED AFTER NINETY (90) DAYS FROM THE DATE YOUR VEHICLE IS DELISTED, AND WE ARE UNABLE TO COLLECT THE $250 FEE ABOVE, YOU HEREBY AUTHORIZE FETCH TO TAKE ANY LAWFUL ACTIONS NECESSARY, INCLUDING LOCATING AND ACCESSING THE VEHICLE, TO REMOVE THE FETCH DEVICE AT THE PARTNER'S SOLE EXPENSE.
If ownership of a vehicle installed with a Fetch device is transferred to a third party before the removal of such Fetch device, you as the Partner will indemnify and hold harmless Fetch and its subsidiaries, agents, licensors, managers, and other affiliated companies and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from such transfer, including with respect to damage to the applicable vehicle or loss of data.
Disclaimer of Warranties
Fetch devices are covered by a 1-year warranty, which begins from the date of the device being shipped to the end user.
This warranty covers defects in manufacturing discovered while using the product as recommended by the manufacturer. The warranty does not cover damage caused by misuse, abuse, unauthorized modification, improper storage conditions, improper installation, lightning or natural disasters.
During your use of the Services, Fetch warrants that the Fetch Device installed in your vehicle will operate substantially in accordance with applicable documentation and be free of material defects. You acknowledge and agree that your sole and exclusive remedy with respect to the foregoing warranty is the replacement of the nonconforming or defective Fetch devices.
Except as expressly set forth herein, Fetch and the Fetch Service is provided on an “as is” and “as available” basis. Use of the Fetch device and the Fetch Service is at your own risk. To the maximum extent permitted by applicable law, the Fetch device and Fetch Service is provided without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Without limiting the foregoing, Fetch, its subsidiaries, its affiliates, and its licensors do not warrant that: (i) the Fetch device or the Fetch Service is accurate, reliable, or correct; (ii) that the Fetch device or Fetch Service will meet your requirements; (iii) that the Fetch Service will be available at any particular time or location, uninterrupted, or secure; (iv) that any defects or errors will be corrected; or (v) that the Fetch device or Fetch Service is free of viruses or other harmful components.
You acknowledge that Fetch relies on location information, such as GPS and cellular connectivity. Cellular connectivity and satellite signals are dependent on a number of factors not within Fetch’s control including weather, topographical changes, changes to and support of network cellular technologies, the functionality of various satellites, cell towers, clouds, and other factors. You expressly waive any and all claims or damages against Fetch that result from the Fetch Device not working, malfunctioning, failing, or otherwise not fulfilling its intended purpose.
Although the Fetch device has Enhanced Security features, Fetch makes no representations, warranties, or guarantees that the Fetch device or such Enhanced Security features will prevent theft to or damage of your vehicle. Fetch will use commercially reasonable efforts to assist Partners with retrieving vehicles that have been involved in a security incident during a Fetch trip. Fetch’s insurance policy does not cover theft or damage to your car that occurs outside of an active Fetch trip. Only your own personal insurance policy can cover such incidents, and you are solely responsible for purchasing and maintaining such coverage. You expressly waive any and all claims or damages against Fetch that may result from security incidents occurring outside an active Fetch trip.
The Fetch device operates by drawing power from the vehicle’s battery power, and you acknowledge and agree that the performance of the Fetch device may be affected by the performance or capability of your vehicle’s battery. Care should be taken in using the Fetch device in vehicles that have old or weak batteries, or that may go extended periods without being driven.
Data collected from a Fetch device (“Vehicle Data”) may be useful in determining the cause of an automobile accident. If you're in an accident, you may have a legal obligation to preserve the information on the device. This information may be sought by opposing parties in a civil lawsuit or by police when investigating the cause of an accident, or we may be legally obligated to provide such information in response to a subpoena or as otherwise required by law.
In connection with your use of the Fetch Service, you may have access to certain driving information or other Vehicle Data about your vehicle and its location. You may not use such information or Vehicle Data for any unlawful purpose or otherwise in connection with any third-party car-sharing or rental service. You expressly agree to indemnify and hold Fetch harmless from any and all claims or damages that result from your use of such information or data.
Partners agree not to use Fetch for any unlawful or abusive purpose or in any way that interferes with Fetch. Partners will comply with all laws while using the Fetch device and will not transmit any communication that would violate any federal, state, or local law, court, or regulation. You may not resell the Fetch Services or Fetch device. By using the Services and/or the Devices, you agree to abide by the terms and conditions of any software license agreements applicable to any software associated with the Fetch device or Fetch Services.
Order of Precedence
In the event of a conflict between these Fetch Terms and the General Terms, these Fetch Terms shall control with respect to the use of the Services.