PowerClix Bluetooth Terms of Service & Privacy Policy


By installing or otherwise accessing the PowerClix Wireless App, which includes software, data, and services related to the PowerClix Wireless App, described herein (hereinafter, collectively, the “App”), you accept and agree to be bound by the terms and provisions of this agreement (“Terms of Use”). These Terms of Use govern your use of the App. Guidecraft, Inc. (“Guidecraft”) reserves the right to make additions, revisions, and modifications to these Terms of Use at any time. It is therefore important for you to periodically refer to these Terms of Use so that you are aware of the most current version of the Terms of Use for the App. By continuing to use the App following such modifications, you agree to be bound by any such modifications to the Terms of Use. Should you not agree to, or not be able to comply with, any of the Terms of Use, Guidecraft is unwilling to provide the App to you and you should click “cancel” or otherwise indicate refusal and not use any of the services or software. You shall be responsible for the acts and omissions of any third party to which you permit access to or use of the App, and such access or use shall be deemed your access or use.


The App uses the public Internet and third party networks when downloading, updating, and changing the App. Guidecraft and its third-party suppliers shall not be liable for any lack of privacy which may be experienced by you with regard to such use. You shall be solely responsible for any liabilities arising from lack of privacy. Guidecraft does not collect personal information from you specifically in conjunction with the App. However, by accessing the Guidecraft website (https://www.guidecraft3dev.wpenginepowered.com), certain identifying information or personal information may be collected in accordance with the website’s Privacy policy, which is found at https://www.guidecraft.com/pages/privacy-policy/.


Guidecraft shall provide the App in accordance with these Terms of Use, and may, in its sole discretion, modify the App. The App is software that operates with a PowerClix Vehicle via Bluetooth® , on a mobile or other device on which the App is installed. The App controls the PowerClix Vehicles’ movement. The App employs a Bluetooth module in a device in which the App has been installed to connect to the PowerClix Vehicle. During use of the App, the App may initiate contact with Guidecraft servers or third-party servers and download program and data updates and make other changes to the App. The App is provided as a free stand-alone product that, though it may be used with the PowerClix Vehicle, is not to be considered any part of, or included in the purchase price of, the PowerClix Vehicle.


To download the App and any updates or changes to the App, you must provide all equipment and software necessary to access the World Wide Web, including, but not limited to, a suitable mobile device. You are responsible for any fees, including internet connection or mobile fees that you incur when downloading and using the App. You acknowledge and agree that if access is disabled to any Guidecraft and/or third party servers associated with the App, you may be prevented from updating or otherwise changing the program or data of the App. You agree that Guidecraft will have no liability for your inability to access the App, any updates to the App, or any website related to the App (see DISCLAIMERS AND LIMITATION OF LIABILITY below for additional limitations on Guidecraft liability).


The following restrictions apply to the use of the Service:

a. You shall not download, use, or update the App unless you have agreed to these Terms of Use.

b. You shall use the App only for non-commercial purposes. c. You shall not use the App in association with advertising, soliciting, or transmitting any commercial advertisements to anyone.

d. You shall not use the App or any animations or other results of using the App, in conjunction with any illegal conduct, including but not limited to linking to any websites associated with illegal conduct, and you agree that you are responsible for compliance with any applicable local laws. When you download the App and any updates or changes to the program or data of the App, you acknowledge that in using the Service to send electronic communications, you will be causing communications to be sent through Guidecraft’s and/or a third party’s computer networks, portions of which may be located in the United States and portions of which may be located abroad. As a result, and also as a result of network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these Terms of Use, you acknowledge that downloading, using, and updating the App may result in interstate data transmissions.

e. You shall not sell, lease, transmit, modify, license, transfer, or assign the App or any part of the App. f. You shall not make available any material or information that infringes any copyright, patent, trademark, trade secret, right of privacy, or other right of any person or entity or impersonate any other person, including without limitation a Guidecraft employee. Information, materials, logos, and all other trademarks, service marks and graphics used in connection with the App and other similar items (the “Intellectual Property”) are protected by intellectual property law, including but not limited to copyright and trademark law, and you may not modify, rent, lease, loan, sell, distribute or create derivative works based on such Intellectual Property (either in whole or in part) unless you have been specifically told that you may do so by Guidecraft or by the owners of that Intellectual Property, in a separate agreement. These Terms of Use do not transfer from Guidecraft or any other Intellectual Property owner to you any Guidecraft or third party intellectual property, and all right, title and interest in and to such property will remain (as between you and Guidecraft) solely with Guidecraft.


You understand that the App is an evolving one. Use of the App may involve accepting updates to the App you have installed on your computer or mobile device. You acknowledge and agree that Guidecraft may update the App with or without notifying you.


Any material you send to Guidecraft, solicited or unsolicited, including but not limited to creative suggestions, ideas, notes, concepts, or other information (collectively, the “Submissions”), shall be deemed, and shall remain, the property of Guidecraft. None of the Submissions shall be subject to any obligation of confidentiality on our part and Guidecraft shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity.


Guidecraft may use reasonable commercial efforts to fix or troubleshoot any technical issues pertaining to use of the App. Guidecraft will exercise such efforts completely at its discretion without any guarantee or warranty of any kind excluding any guarantee provided by consumer laws in your jurisdiction and which cannot be limited or excluded in any way. In the course of providing technical support, Guidecraft may determine that a technical issue is beyond the scope of the technical support. Guidecraft reserves the right, in its sole discretion, to refuse, suspend, or terminate any of the technical support.


You agree to indemnify and hold Guidecraft, its affiliates, partners, contractors, vendors, officers, directors and employees harmless from any claim, demand, loss or damages (including legal fees and expenses) made or incurred by any third party arising out of or relating to your download and use of the App, or any violation by you of these Terms of Use.


You expressly understand and agree that your use of the App is at your sole risk. The App is provided on an “As Is” and “As Available” basis. Guidecraft expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Any materials and information provided in association with the App could include technical, typographical, or photographic errors. Guidecraft does not warrant that any of the material or information provided with the App is accurate, complete, or current. Guidecraft does not make any commitment to update the materials or information. Guidecraft, its owners and employees, its content providers, partners, and vendors and any of their employees shall not be held responsible for errors or omissions pertaining to the accuracy and reliability of any of the information related to the App. Guidecraft reserves the right to take the App and any related website offline permanently or for periodic maintenance and upgrades, and depending on circumstances may not inform customers in advance of any such removal or downtime. No advice or information, whether oral or written, obtained by you from Guidecraft or through or from the App shall create any warranty not expressly stated in this Terms of Use. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GUIDECRAFT SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GUIDECRAFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE A) USE OR THE INABILITY TO USE, UPDATE, OR MAKE CHANGES TO THE APP; B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR E) ANY OTHER MATTER RELATING TO THE APP. Guidecraft has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Guidecraft of the site. Use of any such linked web site is at the user\'s own risk.


Guidecraft may at any time terminate these Terms of Use with or without cause and may suspend or cease providing the App or updates or changes to the App at any time. In the event of either a suspension or termination of the Terms of Use, App, or updates or changes to the App, Guidecraft shall not be held responsible for any consequences pertaining to lack of access to the App.


Assignment – Guidecraft may assign or delegate these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use without Guidecraft’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.

No Third-Party Beneficiaries -- You agree that, except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to this agreement.

Supplemental Policies – Guidecraft may publish additional policies related to the App. Your right to use the App is subject to those specific policies and these Terms of Use.

Force Majeure – Guidecraft shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Guidecraft, including without limitation, any failure to perform hereunder due to any unforeseen circumstance or cause beyond Guidecraft’s control such as acts of God, terrorism, riots, embargoes, acts of civil or military authorities, fire, folds, accidents, strikes, delay/cancellation of the sports season, or shortages of transportation facilities, fuel, energy, labor or materials.

Jurisdiction and Governing Law – This agreement and the application or interpretation of this agreement, shall be governed exclusively by its terms and in accordance with the laws of the United States of America and the State of Minnesota, without giving effect to any choice of law or conflict of law provision thereof that would cause the application of the laws of any jurisdiction other than those of the United States of America and the State of Minnesota. You and Guidecraft agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Sibley, Minnesota.

Entire Agreement – These Terms of Use and any supplemental policies expressly incorporated by reference herein (including the Guidecraft Privacy Policy) constitute the entire agreement between you and Guidecraft regarding your use of the App from which you accessed the Terms of Use and govern your use of the App, superseding any prior agreements between you and Guidecraft with respect to the App. Guidecraft may modify the Terms of Use periodically without notice. If any provision of the Terms of Use is determined invalid, such invalidity shall not affect any other term or provision, and the Terms of Use shall be interpreted as if such term or provision had never been contained herein.