Welcome to the Uncharted Explorer Terms and Conditions.

These Terms and Conditions (“Terms”) govern your use of our website, mobile applications, devices, and all related services (collectively, the “Service”) offered by Uncharted Explorer (“we,” “us,” or “our”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to all of the Terms, you are not authorized to use the Service. These Terms set forth the entire, final and exclusive agreement between us and You with respect to Your Use of, and access to, the Service and Product(s), and supersedes all previous oral and written terms, representations, or understandings concerning Your use of, and access to, this Service.

1. Introduction

Welcome to Uncharted Explorer! These terms and conditions outline the terms, conditions, rules and regulations for the use of Uncharted Explorer’s Service, including the rental of LTE smartwatches. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to all of the Terms, you are not authorized to use the Service.

2. Definitions

• “Service” refers to the website, mobile applications, devices, and related services provided by Uncharted Explorer.
• “Watch” refers to children’s LTE smartwatches available for short-term rental through the Service.
• “App” refers to the Cosmo Watch parent app used for communication and location tracking.
• “Cosmo Terms” refers to the separate terms and conditions of the Cosmo Watch parent app.
• “LTE Service” refers to the third-party LTE network utilized by the Watches for communication.
• “Rental Period” means the chosen period of time You have selected to rent a specific Product, as stated in Your Order Confirmation. The Rental Period begins upon the receipt of the Product(s) by You and will, on a rolling basis, be Your Fee payment date.

3. Short-Term Rental Agreement

This Service provides short-term rentals of LTE smartwatches (“Watches”) only to parents or authorized guardians (“You”). By using the Service, whether through our website, chat, email, or phone, you agree to these Terms and Conditions.

4. User Eligibility

You must be 18 years or older to use our Service. If the Watch is worn and used by a child(ren) under the age of 18 years old, you must be the parent or authorized guardian of the child(ren) to rent a Watch. By using the Service, you represent and warrant that you are such a parent or guardian.

5. Payment and Credit Card Information

5.1. Prepayment Required: You agree to pay the full rental fee for the Watch, including any applicable taxes and fees, prior to the Watch being shipped.

5.2. Credit Card Storage: To facilitate your rental, we will securely store your credit card information on file through our certified partner merchant account. You agree and authorize us to do so for any future transactions, including fees, until you request a cancellation. The terms of this authorization will remain in effect until you request termination in writing. Please contact Uncharted Explorer directly through their website for all such requests at www.unchartedexplorer.com. 

5.3. Authorization for Charges: By using the Service, you authorize us to charge your credit card for the full rental fee, any applicable late fees, and/or penalties such as failure to unpair the watch from your parent app. We reserve the right to change the rental rate at any time.

6. Cosmo Watch Parent App

The Watch utilizes the Cosmo Watch parent app (“App”) for communication and location tracking. By downloading and using the App, you also agree to the separate terms and conditions of Cosmo (“Cosmo Terms”), which can be found within their App and on the Cosmo website: https://cosmotogether.com/. 

7. Watch Return Policy

7.1. Return Deadline: You are responsible for returning the Watch by the designated due date specified at checkout.

7.2. Grace Period: We understand that unforeseen circumstances may arise. You are granted a one-day grace period for late returns.

7.3. Late Fees: If the Watch is not returned within the grace period, a late fee will be automatically charged to your credit card on file until the Watch has been shipped back to us. We reserve the right to change the late fee at any time. The total late fee invoiced per customer is determined by the following equation: Total Watches x Total Days x ($10 Late Fee) = Total Late Fee.

8. Unpaired Watch Fee

If you fail to unpair the Watch from your Cosmo Watch App before returning it, you will be charged a daily fee until the Watch is unpaired. You will be granted a one-day grace period after your return to unpair the Watch before any fees are incurred. We reserve the right to change the penalty fee at any time. The total unpaired fee invoiced per customer is determined by the following equation: Total Watches x Total Days x ($10 Unpaired Fee) = Total Unpaired Fee.

9. Data Privacy

You agree to factory reset each watch prior to sending it back to us. We respect your privacy. We will never store any of the data from the Watch. All Watches are factory reset by our company upon receipt to ensure your child’s information is erased.

10. Disclaimer of Warranties and Liability

10.1. Disclaimer of Warranties: The Service is provided “as is” and “as available” without warranty of any kind, express or implied. We disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.

10.2. Limitation of Liability: We shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or relating to your use of the Service, even if we have been advised of the possibility of such damages. This includes, but is not limited to, any malfunction or defect of the Watch, the Cosmo Parent App, or the LTE service that may cause harm, injury, damage, or loss.

11. Entertainment Purposes Only

You agree that the rental of these Watches is for entertainment purposes only. The Watches are not intended to be a replacement for proper adult supervision and safety practices.

12. Dispute Resolution

In the event of any dispute arising out of or relating to these Terms or your use of the Service, the dispute shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”). The arbitration shall be held in [City, State], and the decision of the arbitrator shall be final and binding on all parties.

13. Indemnification

You agree to indemnify, defend and hold harmless Uncharted Explorer, its officers, directors, employees, agents, licensors, and suppliers (collectively, the “Indemnified Parties”) from and against any and all claims, losses, liabilities, expenses, including attorney’s fees, costs, and damages arising out of or relating to your use of the Service or your violation of these Terms.

14. User Conduct

You agree to use the Service in a lawful manner and in accordance with these Terms. You agree not to:

• Tamper with or modify the Watch, app, or service in any way.
• Use the service and/or device(s) for any inappropriate, disruptive, or illegal purposes.
• Unauthorized Access: You agree not to attempt to gain unauthorized access to any part of the Service, including accounts, systems, or networks connected to the Service, through hacking, password mining, or any other means.
• Interference: You agree not to interfere with the proper functioning of the Service or disrupt the experience of other users, including by transmitting viruses, malware, or other harmful code, or engaging in any activity that may overload, crash, or impair the Service.
• Fraudulent Activity: You agree not to engage in any fraudulent activity, including but not limited to impersonating another person, forging documents or information, or engaging in any deceptive practices.
• Harassment or Abuse: You agree not to use the Service to harass, abuse, intimidate, or threaten any person or entity, including other users, employees of Uncharted Explorer, or any third party.
• Illegal Content: You agree not to use the Service to distribute, upload, transmit, or otherwise make available any content that is illegal, infringes upon the rights of others, or is otherwise objectionable, including but not limited to content that is defamatory, obscene, or contains hate speech.
• Commercial Use: You agree not to use the Service for any commercial purposes without prior written consent from Uncharted Explorer, including but not limited to advertising, soliciting, or selling goods or services.

15. Third-Party Services and Disclaimer of Warranties

15.1. LTE Service: The Watches utilize a third-party LTE network for communication. Uncharted Explorer is not responsible for the availability, reliability, or performance of the LTE service. Any issues related to network coverage, signal strength, or data transmission are the sole responsibility of the third-party service provider. Users are advised to consult the terms and conditions of the LTE service provider for further information regarding network usage and limitations.

15.2. Watch Functionality: The Watches are manufactured by a third party. Uncharted Explorer is not responsible for any malfunctions or defects of the Watch that may arise during the rental period. While we strive to provide Watches in optimal working condition, we cannot guarantee the performance or reliability of the devices. Additionally, users are responsible for following proper care and usage instructions provided by the manufacturer to maintain the functionality of the Watch throughout the rental period.

15.3. Disclaimer of Warranties: By using the Service, you acknowledge and agree that the Service, including the Watches and the LTE network, are provided “as is” and “as available” without warranty of any kind, express or implied. We disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.

15.4 Third-Party Content. 

Third Party Content is not maintained or controlled by Us, and as a matter of policy, We do not independently verify, prescreen or monitor any such Third-Party Content. While We believe the Third-Party Content is from reliable third-party sources, We are not responsible for the availability, security, content, completeness, adequacy, utility or accuracy of such Third Party Content. Certain Third-Party Content is subject to additional specific terms and conditions which can be found in applicable areas of the Site. You acknowledge and agree that Your Use of such Third-Party Content is subject to all these terms. Service features that interoperate with Third Party Content depend on the continuing availability of such third-party services, and if those relevant third-party providers cease to make the services or materials available on reasonable terms for the Services, We may cease providing such interoperability features. Third-Party Content is controlled by the associated third-party provider, who may have different terms of Use and privacy policies. It is Your responsibility to verify Your compliance with, and acceptance of, those terms.

16. Care and Usage of the Watch

16.1. General Care: You are responsible for the care and condition of the Watch during the rental period. This includes, but is not limited to: 

• Taking proper precautions to prevent loss, damage, or theft. 
• Handling the Watch with care and avoiding exposing it to extreme conditions such as excessive heat, cold, moisture, or direct sunlight, which may affect its performance or durability. 
• Additionally, users should refrain from engaging in activities that may subject the Watch to undue stress or impact, such as rough handling, dropping, or submerging in water beyond its specified limitations. 
• Always adhere to the following manufacturer specifications: The Watch can only withstand continuous immersion in freshwater no deeper than 1 meter (3.3 feet) for less than 30 minutes. Never exceed this. Do not immerse the Watch in salt water, the bathtub, or the shower. 

Failure to exercise proper care may result in damage to the Watch, for which users will be held financially liable as per the terms outlined in the Damage Fee section.

16.2. Proper Use: You agree to use the Watch only for its intended purpose as a children’s smartwatch for communication and location tracking. Any misuse of the Watch, including but not limited to using it to violate any laws or regulations, is strictly prohibited.

16.3. Reporting Issues: You are responsible for promptly reporting any issues with the Watch to Uncharted Explorer upon discovery within 24 hours of the incident. This includes, but is not limited to, malfunctions, defects, or connectivity problems. Reporting can be done through our website chat, email, or phone support.

16.4. Return Condition: You are responsible for returning the Watch in the same condition it was received, with all original packaging and accessories. Uncharted Explorer reserves the right to assess a damage fee for any missing components or excessive wear and tear.

16.5. Lost, Stolen, or Damaged Watch: In the event that the Watch is lost, stolen, or damaged sufficiently that it is no longer suitable for use, you are required to notify Uncharted Explorer immediately. You will be responsible for paying the full replacement cost of the Watch (which includes the band, charger, and screen protector) which is $130, which amount is subject to change.

16.6 Damage Protection and Fees: You can purchase damage protection at an affordable daily rate with covers any reasonable damage to the watch, which you will not be responsible for. However it does not cover loss or theft. The total damage fee invoiced per customer is determined by the following equation: Total Watches x Total Days x ($3 Damage Protection Fee) = Total Damage Protection Fee. We reserve the right to change the Damage Protection Fee fee at any time.

17. Termination by Us

We reserve the right to terminate this Agreement and your access to the Service for cause for any reason and at any time, including, but not limited to, the following:

17.1. Material Breach: Your material breach of these Terms, including any repeated violations of User Conduct provisions or failure to make required payments.

17.2. Misuse of the Service: Any use of the Service that is illegal, harmful, or otherwise inappropriate as determined by Uncharted Explorer in its sole discretion.

17.3. Inability to Provide Service: In the unforeseen event that Uncharted Explorer is no longer able to offer the Service, we may terminate the Service with written notice to you. In such cases, we will provide a prorated refund for any unused portion of your rental fee minus any penalty fees.

17.4. Contact Method: We will contact you within 48 hrs. via email and/or phone to make you aware of such termination. 

17.5 Unpaid Invoice: If you do not pay your invoice by the due date we may have to cancel your rental order request to accommodate other customers. To avoid this, please pay your invoice as soon as possible.

18. Termination by You

You may terminate this Agreement at any time both by 1) notifying us in writing, and 2) returning the Watch in accordance with the Return Policy. Which is as follows: You may cancel the service any time prior to 24 hours before 9am EST on the first day of the rental period at no cost. If you cancel within the 24 hour period prior to the first day of your rental period you will be charged a cancellation fee. Cancellation fees may vary, and we reserve the right to change them at any time.

If you cancel the service during your rental period (anytime during your rental start and end dates) you will still be responsible for paying the full rental amount originally invoiced, as well as any additional fees that may be accrued such as damage or late fees.

19. Effect of Termination

Upon termination of this Agreement for any reason, all of your rights to access and use the Service will cease. We reserve the right to pursue any and all remedies available at law or in equity for a violation of these Terms.

20. Contact Us

If you have any questions about the Service, these Terms and Conditions, or your rental, please feel free to contact our friendly Customer Support team. We are happy to assist you!

Contact Methods found on our website: www.UnchartedExplorer.com.

– Email

– Phone

– Website Chat

We strive to respond to all inquiries within 24 business hours.

21. Consent to Communications; Opt-out. 

By providing your phone number and email address, you consent to receiving communications such as transactional calls, texts, emails and similar messages from us or its service providers. Standard voice and data rates may apply, and we are not responsible for any charges to you for these messages. You may opt-out of receiving these messages at any time by contacting us. 

22. Trademarks and Intellectual Property

As between Uncharted Explorer and You, and subject to Your right, title, and interest in Data You submit through this Service or otherwise provided to Uncharted Explorer, Uncharted Explorer owns and reserves all right, title, and interest in and to the Service, including all related intellectual property rights subsisting therein. We grant no rights to You hereunder other than as expressly set forth. This Service and all materials and information published thereon are protected by U.S. and foreign copyright and other intellectual property laws. “Uncharted Explorer” and all Our other trademarks and service marks are the property of Uncharted Explorer.

Uncharted Explorer’s trademarks and trade dress may not be used in any form without the prior written consent of Uncharted Explorer.. All other trademarks, services marks, logos, designs, and trade dress not owned by Uncharted Explorer that appear on this Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Uncharted Explorer. Using Our Services does not give You ownership of any intellectual property rights in Our Services or any content You access, all rights therein (including all intellectual property) belong to Us or Our licensors and third party vendors. You may not use content from Our Services without Our express prior permission or as otherwise permitted by law. You agree to protect the proprietary rights of Uncharted Explorer and to comply with all reasonable written requests made by Uncharted Explorer or its third-party licensors to protect their and others’ rights in the Site and materials and content made available on or through the Service.

23. Your License Grant. 

Subject to these Terms, We grant You a limited term, non-exclusive, non-sublicensable, revocable, non-transferable license to access and Use the Services, which includes Use of the Service. Such rights are for Your personal, noncommercial Use only. Any rights not expressly granted herein are reserved by Us and Our licensors.

24. Assumption of Risk; Waiver and Release of Claims.

Assumption of Risk; Waiver and Release of Claims. THIS SECTION CONTAINS A LEGAL RELEASE OF YOUR RIGHTS, INCLUDING: ASSUMPTION OF RISK AND WAIVER AND RELEASE OF LIABILITY AGAINST US. YOU ARE FREE TO DECLINE OUR SERVICES/PRODUCTS IF YOU DO NOT WANT TO AGREE TO THE TERMS AS SET FORTH HEREIN. You volunteer to Use Our Services and Products with full knowledge of all RISKS and agree to the ASSUMPTION OF RISK AND WAIVER AND RELEASE OF CLAIMS; YOU DO NOT HAVE TO USE OUR PRODUCTS OR SERVICES. It is Your responsibility to Use Our Services and Products safely. IN CONSIDERATION FOR USING OUR SERVICES/PRODUCTS, YOU, OR THE PERSON OR ENTITY ON BEHALF OF WHOM YOU ENTERED INTO THESE TERMS, OR YOUR LEGAL GUARDIAN (IF HE/SHE REGISTERED AND CONSENTED TO YOUR USE IF YOU ARE A MINOR) AGREE TO THE FOLLOWING:

24.1 TO ASSUME ALL RISKS: You acknowledge that (a) there are risks associated with the Use of Our Services/Products (b) the Products may be used by other people both before and after Your use of such Products; (c) Your use of certain Products may result in injury or illness including, but not limited to, BODILY INJURY, DISEASE, STRAINS, FRACTURES, PARTIAL OR TOTAL PARALYSIS, OTHER AILMENTS THAT COULD CAUSE SERIOUS DISABILITY, MENTAL OR PHYSICAL ANGUISH, OR DEATH. By Using Our Services, You, on behalf of Yourself, Your personal representatives and Your heirs, hereby EXPRESSLY AGREE TO ASSUME ALL RISKS AND ACCEPT ALL RESPONSIBILITY FOR ANY ACCIDENT, PERSONAL INJURY, PROPERTY DAMAGE, DEATH OR DISABILITY THAT YOU MAY SUFFER AS A RESULT OF USING THE SERVICES/PRODUCTS for any such injuries, losses, and/or damages.

24.2 WAIVER AND RELEASE OF CLAIMS: You, on behalf of Yourself, Your personal representatives and Your heirs, hereby EXPRESSLY AGREE TO WAIVE AND RELEASE US FROM ANY AND ALL CLAIMS (INCLUDING THOSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY AND/OR ANY OTHER GROUNDS), INCLUDING WITHOUT LIMITATION CLAIMS FOR OR RELATING TO ANY ACCIDENT, PERSONAL INJURY, PROPERTY DAMAGE, DEATH OR DISABILITY THAT YOU MAY SUFFER AS A RESULT OF USING OUR SERVICES OR PRODUCTS. The WAIVER AND RELEASE includes any claims for injury or illness including, but not limited to, BODILY INJURY, DISEASE, STRAINS, FRACTURES, PARTIAL OR TOTAL PARALYSIS, OTHER AILMENTS THAT COULD CAUSE SERIOUS DISABILITY, MENTAL OR PHYSICAL ANGUISH, OR DEATH.

25. Disclaimers

DISCLAIMER. PRODUCTS DISPLAYED ON THE SITE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. We reserve the right to change its prices for future subscriptions and/or Our billing methods, effective going forward, upon posting on the Site or by email notice to you.

DISCLAIMER. Although We have used reasonable efforts to ensure that the description (including images) of the items available to rent are accurate and up-to-date, such descriptions may be provided by the manufacturer and may be only representative of the item available. THE DESCRIPTIONS ARE PROVIDED “AS-IS” AND WE MAKE NO EXPRESS OR IMPLIED WARRANTIES INCLUDING OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, REPRESENTATIONS, OR GUARANTEES REGARDING THE DESCRIPTION PROVIDED. THE ACCURACY OR COMPLETENESS OF PRODUCT INFORMATION IS NOT GUARANTEED AND IS SUBJECT TO CHANGE WITHOUT NOTICE. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND SELECTING PRODUCTS AND DETERMINING WHETHER EACH PRODUCT IS FIT FOR A PARTICULAR PURPOSE AND SUITABLE FOR YOUR USE. PRODUCTS ARE NOT MANUFACTURED TO ANY INDIVIDUAL REQUIREMENTS OR SPECIFICATIONS. NO LICENSE UNDER ANY UNCHARTED EXPLORER OR THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS IS GRANTED OR IMPLIED WITH THIS PRODUCT INFORMATION. YOUR SOLE REMEDY FOR A PRODUCT BEING MATERIALLY INACCURATELY DESCRIBED IS TO RETURN IT IN UNUSED CONDITION, COMPLETE AND UNDAMAGED, IN THE ORIGINAL PACKAGING, AND HAVE US REPLACE THE PRODUCT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED.

Your warranty. You hereby represent and warrant that (a) You are at least 18 years of age; (b) You have the authority to enter into these Terms.

Order Acceptance Policy. We reserve the right any time after receipt of Your order, without prior notice to You, to supply less than the quantity You ordered of any item. As part of the order approval process, We may require additional verifications or information before accepting any order. The Order Confirmation email is Your binding contract with Us, and includes the applicable terms and conditions valid to Your order. A digital timestamp is created when Your order is approved by Us. Notwithstanding the foregoing, You agree that if We cancel all or a portion of Your rental prior to Your receipt of the Product, Your sole and exclusive remedy is either that: (a) We will issue a credit to Your payment method for the amount charged for the canceled portion or the quantity not provided (if Your payment method was charged for the order); or (b) We will not charge Your payment method for the canceled portion of the order or the quantity not provided. A cancellation or change of an order done by Us will be communicated via email or Your User Account.

26. Changes to this Agreement

We may modify this Agreement at any time by posting a revised version at https://unchartedexplorer.com/terms-and-conditions/. The modifications will (i) be effective when posted for all new Rentals, or (ii) effective immediately upon the start of the next Rental chosen. In either case, if You object to the updated Agreement, as Your sole and exclusive remedy, You may choose to terminate your Rental and return all items. For the avoidance of doubt, any Rental is subject to the version of the Terms in effect at the time of the Order Confirmation.

By accessing or using the Service, you agree to abide by these Terms and Conditions. Thank you for choosing Uncharted Explorer!