Terms of Sale & Use

These terms apply when you buy from our store at vespyr.us and when you use the Vespyr Visor app. “We”, “us” and “Vespyr Badgeworks” mean the business behind both, a sole proprietorship based in Holmdel, New Jersey, USA.

By placing an order or using the app, you agree to these terms. Our Privacy Policy explains how we handle your personal information.

You must be at least 18, or the age of majority where you live, to place an order. You must be at least 13 to use the app. If you are under 18, you need a parent’s or guardian’s permission.

Vespyr badges are sold as driver and passenger sets. Each set is made to order using the options you choose at checkout, such as bezel finish, paint code, cable options and vehicle. Please check your choices carefully before you pay.

Photos and images on our site show the design. Small differences in color and finish can occur.

We currently take pre-orders in two tiers:

• Night Owl: a limited run of 50 sets, with free shipping to US addresses. Night Owl sets ship once all 50 sets have sold.
• Standard: limited to 200 sets. Standard sets ship at our public release.

The price and what each tier includes are shown on the product page and at checkout. Shipping dates are our best estimates. We will email you when your tier is ready to ship.

If your order is delayed: if we cannot ship your order within the time we told you (or within 30 days if we did not give a time), we will email you before that time runs out. We will give you a new estimated date and the choice to cancel for a full refund of anything that has not shipped, or to wait. If the new date is more than 30 days after the original one, or we cannot give a date, and you do not reply, we will cancel and refund your order. Once we have told you about a delay, you can still cancel for a full refund at any time before your order ships. If we have to delay again past the new date, we will cancel and refund your order unless you tell us you still want to wait.

If we cannot fill your order at all, we will cancel it and refund you in full. Refunds go back to your original payment method promptly.

Prices are in US dollars. The price of your set, any shipping cost, sales tax and, where we can calculate them, import duties and taxes are shown at checkout before you pay.

If customs in your country charges a duty, tax or fee that was not shown at checkout, you are responsible for paying it.

Discount codes work only as described when we issue them and have no cash value. If we list a wrong price or description by mistake, we may cancel the affected order and refund you in full before it ships.

Payments are processed by Stripe. You pay at checkout, including for pre-orders. Your card details go straight to Stripe. We never see or store your full card number.

Your order is accepted when we send your order confirmation email.

We ship worldwide with tracking. Please give a complete, correct address and a phone number. Carriers need a phone number for international parcels.

Your order is our responsibility until it is delivered to the address you gave us. Ownership and risk of loss pass to you on delivery. If your parcel is lost in transit or arrives damaged, email us with your order number and photos of any damage and we will work with the carrier to resolve it.

If a parcel comes back to us because the address was wrong or incomplete, or because it was refused or not collected, we may charge you the cost of sending it again.

Each set is made to order for you, so all sales are final. We do not accept returns or exchanges, and an order cannot be cancelled once placed, except as described under “If your order is delayed” above.

A set that arrives defective is covered by our warranty below.

This does not remove any right to cancel or return that the law where you live gives you and that cannot be waived.

Your set comes with a 2-year limited warranty from the delivery date. It covers defects in materials and workmanship, including the display and electronics.

The warranty does not cover:

• accidental damage;
• damage caused by improper installation;
• badges that have been modified;
• normal wear.

If your set has a covered defect, we will repair or replace it. To make a claim, email us at vespyr.badgeworks@gmail.com or write to Vespyr Badgeworks, 58 Cohasset Ct, Holmdel, NJ 07733, USA, with your order number, a short description of the problem and photos or a short video if you can. We will tell you what to do next.

To the extent the law allows, any implied warranties (such as merchantability or fitness for a particular purpose) last only for this 2-year period. Some states do not allow limits on how long an implied warranty lasts, so this limit may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary by state or country.

You are responsible for installing your badges, or for having them installed by someone qualified.

• Install them so they do not block or interfere with seat airbags, seat belts or the driver’s view.
• Follow the laws where you live and drive.
• Do not use the app while driving. Set up your designs before you drive, or let a passenger do it.

To the extent the law allows, we are not responsible for damage or injury caused by improper installation or by using the app while driving.

You sign in to the app with your Google account. Keep your account secure. You are responsible for what happens under it. If you think someone else is using it, email us right away.

Your badges link to your account so you can send them designs and install firmware updates we release. The badges connect over Wi-Fi, such as your phone’s hotspot. Any data charges from your mobile carrier are yours.

You can delete your account at any time in the app under Settings → Advanced → Delete account. This permanently deletes your account, saved designs, badge links and command history, and releases your badges so a new owner can claim them. Store orders are separate from app accounts, and we keep order records for tax and warranty purposes.

You keep ownership of the images, logos, GIFs, text and designs you upload or create in the app (“your content”). Only upload content you own or have permission to use. You are responsible for your content.

So the app can work, you give us a worldwide, non-exclusive, royalty-free license to store, copy, resize, convert and display your content, to deliver it to your badges, and to send it to the service providers that run app features. This license ends when you delete the content or your account, except for uploaded files still stored until we remove them at your request.

Please read this: uploaded files are stored with our hosting provider at long, hard-to-guess web addresses. Anyone who has the exact address can open the file. Deleting a design or your account removes it from the app, but does not currently delete the uploaded file itself. Do not upload anything private. To have your uploaded files removed, email us.

If you post a product review on our store, you let us show it on our site with the name and any photo you give. Reviews appear only after we approve them.

Do not upload, create or share content that:

• you do not own or have permission to use, including other people’s logos, artwork or trademarks;
• is illegal or promotes illegal activity;
• is hateful, harassing or threatening, or attacks people for who they are;
• is sexual or pornographic, or sexualizes minors in any way;
• shows graphic violence or encourages violence or self-harm;
• shares someone else’s private information;
• contains malware, or is meant to mislead or spam other users.

We have zero tolerance for objectionable content or abusive users. We may remove any content and suspend or close accounts that break these rules or these terms.

If you believe content in the app infringes your copyright or trademark, email us with your contact details, the work or mark concerned, where the content appears, a statement that you believe in good faith the use is not authorized, a statement that the information in your notice is accurate, and your physical or electronic signature. We will review it and remove content that infringes.

When you use the app or the store, do not:

• break the law or these terms;
• pretend to be someone else;
• try to access accounts, badges or data that are not yours;
• interfere with, overload or try to get around the security of the app, the store or our servers;
• copy, scrape or reverse engineer the app or our services, except where the law allows it.

Some features rely on other companies, including Google sign-in, Stripe for payments, our email and shipping providers, and GIPHY for GIF search. Their own terms may also apply.

GIFs found through GIPHY come from GIPHY and its users. They stay subject to GIPHY’s terms and the rights of their owners.

Animations from the Logo Animator are generated automatically. Check the result before you use it, and make sure you have the rights to any logo you upload.

Vehicle makes, model names, team names, logos and other trademarks that appear on our site, in the app or in user content belong to their owners. Vespyr Badgeworks is an independent business. Unless we clearly say so, we are not affiliated with, sponsored by or endorsed by any vehicle maker or other brand owner, and showing someone else’s mark does not mean they endorse us or our products.

The Vespyr Badgeworks and Vespyr Visor names, the store, the app, the badge firmware and our own artwork belong to us. We give you a personal, non-exclusive license to use the app with your badges for as long as you follow these terms.

If you get the app from the Apple App Store or Google Play:

• These terms are between you and Vespyr Badgeworks, not Apple or Google. We, not they, are responsible for the app, its content, its support and any claims about it, including product liability, legal or regulatory compliance, consumer protection and privacy claims, and the investigation, defense, settlement and discharge of any claim that the app infringes someone else’s intellectual property.
• Apple and Google have no duty to maintain or support the app. If the app fails to meet a warranty that applies to it, you may tell Apple, and Apple may refund any price you paid for the app. To the extent the law allows, Apple has no other warranty duty for the app.
• You confirm that you are not in a country under a US government embargo and are not on a US government list of prohibited or restricted parties.
• You must also follow the app store’s own terms.
• Your license to use the iOS app is non-transferable and limited to Apple-branded devices you own or control, as allowed by the App Store Usage Rules.
• Apple and its subsidiaries are third-party beneficiaries of these terms for the iOS app and may enforce them against you.

We work hard to keep the app and the store running, but we provide the app “as is” and “as available”. To the extent the law allows, we do not promise that the app will always be available, error-free or secure, or that it will work with every phone, browser or network.

We may change, suspend or stop features of the app. This does not affect the warranty on your badges.

If the app ever stops working, your badges keep showing the design saved on them.

To the extent the law allows:

• we are not liable for indirect, incidental, special or consequential losses, or for lost profits, lost data or loss of use;
• our total liability for any claim about an order is limited to the amount you paid for that order, and for any claim about the app alone is limited to US$100.

Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else the law does not let us limit. These limits do not apply to New Jersey residents for death or personal injury caused by our negligence, for fraud, or for rights under the New Jersey Consumer Fraud Act. Elsewhere, some states and countries do not allow these limits, so they may not apply to you. If you are a consumer, nothing in these terms takes away rights you have under consumer law that cannot be waived.

These terms are governed by the laws of the State of New Jersey, USA, without regard to its conflict-of-laws rules.

If you have a problem, please contact us first so we can try to fix it. If we cannot, disputes will be handled by the state or federal courts located in New Jersey, unless the law where you live gives you the right to bring a claim in your local courts. If you live in the EU or UK, you also keep the protection of the mandatory consumer laws of your country.

If any part of these terms cannot be enforced, the rest still applies.

We may update these terms from time to time. We will post the new version on this page with a new “Last updated” date. For important changes, we will also tell you by email or in the app.

Each order is governed by the terms in place when you placed it. If you keep using the app after changes take effect, you accept the new terms.

Questions about an order, your warranty or these terms? Email vespyr.badgeworks@gmail.com, use our contact page, or see the FAQ.

Mailing address: Vespyr Badgeworks, 58 Cohasset Ct, Holmdel, NJ 07733, USA.