Customer Terms

Part A. General Terms (apply to every order)

These General Terms apply to every purchase and rental from SpectraPTT. Each order also has its own terms: Path 1 (Part B), Path 2 (Part C), or Austin Rentals (Part D). If the General Terms and the terms for your order conflict, the terms for your order win.

A1. Who we are and how to reach us

SpectraPTT LLC is a Texas limited liability company ("SpectraPTT," "we," "us"). Our registered address is 5900 Balcones Drive STE 100, Austin, TX 78731. This is our registered agent's address. It is not a showroom, and we do not accept walk-ins or returns there.

We work by email only: hello@spectraptt.com. We do not take phone calls. We try to answer within one business day. When these terms say we will "notify" you, we mean an email to the address on your order. When you need to notify us, email hello@spectraptt.com.

A2. Who "you" are and how you agree

"You" means the business or organization placing the order. The person checking out confirms they are at least 18 and allowed to agree to these terms for that business or organization. You agree to these terms by checking the box at checkout and paying. We keep a record of the terms version you agreed to, the date and time, and your order number.

A3. Our only radio

We sell and rent one radio: the Baofeng DM-1801 Pro digital (DMR) radio, up to 5 watts, with AES-256 encryption. We program each radio before it ships. Specifications come from the manufacturer and may change slightly between production batches.

A4. Prices, payment, and Texas sales tax

• Prices are in US dollars and are shown at checkout. The price on the day you order is the price you pay.
• We take payment through Stripe. We never see or store your full card number.
• We add Texas sales and use tax where the law requires it (for Austin addresses, generally 8.25%). If your business is tax-exempt, email us a valid Texas exemption or resale certificate before you order. We cannot refund tax after the order unless the law requires it.
• For orders shipped outside Texas, we collect sales tax only where we are required to.

A5. Orders

Your order is accepted when we email you a shipping or booking confirmation. We may refuse or cancel any order, for example if we can't confirm license details, an item is out of stock, or a price on the site was wrong. If we cancel, we refund everything you paid for that order.

A6. Shipping (Path 1 and Path 2)

• We ship only to addresses in the continental United States (the 48 contiguous states and Washington, DC). We do not ship to Alaska, Hawaii, US territories, PO boxes [confirm], or outside the US.
• We program and ship most orders within [3-5] business days after we accept the order. Path 2 orders ship after we finish the license check in Part C.
• Shipping cost and carrier are shown at checkout. Radios ship by ground because they contain lithium batteries.
• The radio becomes yours, and you carry the risk of loss, when the carrier delivers it to your address.
• Check your package when it arrives. If anything is missing, damaged, or not working, email us within 5 days with photos and your order number.

Because the radios use AES-256 encryption, US export rules may apply. Do not export or carry the radios outside the United States.

A7. Returns (30 days)

• You may return radios and accessories within 30 days after delivery if they are unused and undamaged, with all accessories and the original packaging.
• Email us first with your order number. We'll send return instructions. Returns sent without instructions may be refused.
• You pay return shipping unless we made a mistake (wrong item, wrong programming, or arrived damaged).
• We refund the radio price within 10 business days after we receive and inspect the return. Original shipping is not refunded unless we made a mistake.
• Path 1: when you return all radios on a subscription, we cancel that subscription. Monthly fees already charged are not refunded.
• Radios that were reprogrammed, opened, or tampered with cannot be returned.
• Rentals are not covered by this section. Rental cancellations are in Part D.

A8. Warranty

• Manufacturer warranty: the radio is covered only by the manufacturer's warranty, which we pass through to you to the extent we can. [Confirm the Baofeng warranty length and terms for the DM-1801 Pro, for example 12 months on the radio and a shorter period on batteries and accessories.] We will help you make a warranty claim by email.
• Our programming: if we programmed a radio wrong, email us within 30 days after delivery and we will fix it at no cost, including shipping both ways.
• Not covered: drops, water, misuse, normal wear, lost parts, unapproved batteries or antennas, and any radio that was opened, reprogrammed, or tampered with.

Except for the manufacturer warranty passed through above and our programming fix, radios and services are provided "as is." To the fullest extent the law allows, we disclaim all other warranties, including the implied warranties of merchantability and fitness for a particular purpose.

A9. Not for emergencies or life safety

Do not rely on our radios for emergency, life-safety, medical, fire, police, or rescue communications. They are not a replacement for 911. They are not rated as intrinsically safe and must not be used in explosive or hazardous areas. They are not for aviation or marine use. Batteries can be dangerous if damaged. Use only the batteries and chargers that came with the radio.

A10. Range, interference, and encryption

• Range depends on terrain, buildings, weather, and how the radio is used. We do not promise coverage, range, or that a channel will be clear.
• Business frequencies are shared. Other licensed users may be on the same frequency, and you may hear interference or be heard as interference.
• Encryption makes casual listening much harder. It does not make radio traffic perfectly secure. Keep encryption keys private.
• We do not promise that we can remotely disable, lock, track, or update any radio.

A11. Limits on our responsibility

To the fullest extent the law allows: (a) we are not responsible for lost profits, lost business, missed calls or events, or any indirect, special, or consequential damages; and (b) our total liability for any claim is limited to what you paid us for the radio, service, or rental involved in the claim during the 12 months before the claim. Some laws do not allow these limits, and in that case they apply only as far as the law allows.

A12. Your responsibility for your use

You are responsible for how your staff, volunteers, and anyone else you allow uses the radios. If someone makes a claim against us, or the FCC fines us, because of how you or your people used a radio or because of information you gave us, you agree to cover our reasonable costs, including legal fees.

A13. Privacy

We use your contact, order, and license information only to fill your order, run your subscription or rental, keep FCC-related records, send receipts, and handle claims. We do not sell it. Stripe handles card data. [Link to Privacy Policy once written.]

A14. Disputes and Texas law

Texas law governs these terms, without regard to conflict-of-law rules. If something goes wrong, email us first and give us 30 days to try to fix it. If we can't, any lawsuit must be filed in the state or federal courts in Travis County, Texas, except that either side may use small claims court.

A15. Changes to these terms

We may update these terms. The version you agreed to at checkout applies to that order. For an ongoing Path 1 subscription, we will email you at least 30 days before a change takes effect. If you don't agree, you can cancel before the change takes effect. Each version shows its date at the top of this page.

A16. Other legal points

These terms and your order confirmation are the whole agreement for your order. If a court strikes part of these terms, the rest still applies. If we don't enforce a term right away, we can still enforce it later. You may not transfer your order, subscription, or rental to someone else without our written OK. We are not responsible for delays caused by events outside our control, such as carrier delays, supply shortages, weather, or government action.

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Part B. Path 1 - Radio + License Service Agreement

Path 1 is for businesses that want working radios without getting their own FCC license. You buy the radio, and you pay a monthly subscription to use the frequencies on SpectraPTT's FCC license.

B1. What you are buying

• Radio: $119 per radio, one-time. You own the radio hardware once it is delivered.
• License service: $6 per radio per month, billed by Stripe subscription. This pays for the right to operate the radio on SpectraPTT's FCC license while your subscription is paid and you follow these terms.
• The radio price and the monthly fee are separate. Paying for the radio does not give you any right to the license.

B2. Our FCC license

The radios are programmed to frequencies covered by SpectraPTT's FCC Part 90 Industrial/Business itinerant license. The license application is pending with the FCC: file number 0012209990, FRN 0038971479. Call sign: [CALL SIGN - add when the FCC grants the license]. The license covers operation in the continental United States, up to 20 frequencies, and up to 50 radios in total across all SpectraPTT customers.

Until the FCC grants the license, we will not ship or activate Path 1 radios and we will not start your subscription. If the license is not granted within [60] days after your order, you may cancel and get a full refund.

B3. The license stays ours

You do not own, lease, or get a share of the license. SpectraPTT is the licensee and keeps control of every radio operating under the license. You operate the radio under our authority and must follow our instructions about using it, including any instruction to stop transmitting. You may not transfer or share the license, or say or imply that you hold it.

We may change the channel plan or programming when needed to stay inside the license or follow FCC rules. If a change needs a radio to be reprogrammed, we will email you instructions and pay the shipping both ways.

B4. How you must use the radio

• Only for lawful business or organizational communications. No personal or family use.
• Only in the continental United States (the 48 contiguous states and Washington, DC). Not in Alaska, Hawaii, US territories, or outside the US.
• Follow FCC rules and our written instructions at all times.
• Use only the channels and settings we programmed.
• Keep a record of who in your business has each radio, and tell us within 2 business days if a radio is lost or stolen.

B5. No reprogramming

Path 1 radios come with the menu's programming edits hidden. You may not:

• Reprogram the radio, change or read its codeplug, or connect it to any programming cable or software.
• Try to unhide the programming menu or get around any lock.
• Change frequencies, power, color code, timeslot, encryption, encryption key, or radio ID.
• Transmit on any channel that is not on our license.
• Share the encryption key, codeplug, or radio access with anyone outside your business.
• Add external antennas or amplifiers, or open the radio.
• Resell, rent, or lend the radio for use on our license outside your business without our written OK.
• Use the radio for unlawful, harassing, or interfering transmissions.

If a radio has been reprogrammed or tampered with, we may end its license authorization under B7 and charge a $50 reprogramming fee to restore it.

B6. Monthly billing

• By checking out, you authorize SpectraPTT to charge your card through Stripe $6 per radio per month, plus any tax, until the subscription ends.
• The first monthly charge is made [when your radios ship / on your order date] and then on the same day each month.
• If a charge fails, we will email you and Stripe will retry for up to [7] days. If it is still unpaid, the license authorization for those radios ends, and you must stop transmitting on our frequencies.
• You still owe any unpaid months.
• We may change the monthly price with at least 30 days' email notice. You can cancel before the new price starts.
• Cancelling or returning a radio does not cancel the subscription by itself. Cancel it as described in B8.

B7. When we can end your use of the license

We can suspend or end the license authorization for one or more of your radios if:

• Your subscription is unpaid, including a failed, disputed, or reversed charge.
• You break this agreement, including B4 or B5, or we reasonably believe your use is outside the license or puts the license at risk.
• The FCC, a law, or a rule requires it, or our license is denied, revoked, ends, or changes.

We will email you before we do this when we reasonably can. We may act right away when needed to protect the license or follow FCC instructions. When authorization ends, you must stop transmitting on SpectraPTT frequencies right away and follow B9.

We do not promise that we can remotely disable or lock a radio, and you may not rely on us to do so. You are responsible for making sure your radios stop transmitting when authorization ends.

Ending authorization does not entitle you to a refund of the radio price or of a month already charged, unless the law requires it. If we end the service because our license is denied, revoked, or changed, and not because of anything you did, we will refund any monthly fee paid for time we can't provide and offer to program your radio for your own license at no charge.

B8. How you cancel

You can cancel any time by emailing hello@spectraptt.com with your business name and order number [or through the Stripe customer portal link in your receipt, if enabled]. Cancellation stops the next monthly charge. Your authorization continues through the end of the month you already paid, unless it ends sooner under B7. We do not give partial-month refunds.

B9. After your subscription ends

The radio stays yours, but it may no longer be used on SpectraPTT frequencies after the last paid day. Within 30 days after your subscription ends, choose one option by email:

• Option 1 - Send it back for reprogramming. Ship the radio to us using our instructions. We will remove our frequencies and encryption key and ship it back to you. [Proposed: no reprogramming fee; you pay shipping to us, we pay return shipping.]
• Option 2 - Switch to Path 2. If your business has its own valid FCC license, give us your call sign and frequencies under Part C. We will reprogram the radio for your license. [Proposed: a one-time $40 conversion fee, the price difference between Path 1 and Path 2, plus shipping.]
• Option 3 - Keep it, unused. Confirm by email that you will not transmit on our frequencies. Until the radio is reprogrammed, you must not use it.

If you don't choose within 30 days, Option 3 applies. Any transmission on our frequencies after your authorization ends is unauthorized and a breach of this agreement. We may report it to the FCC.

B10. Lost or stolen radios

Email us within 2 business days if a Path 1 radio is lost or stolen. We will note it in our records. We can't promise to disable or track it. The monthly fee for that radio continues until you ask us to remove it from your subscription.

B11. Order details we record

For each Path 1 order we record: business name, contact name and email, shipping address, number of radios, monthly total ($6 x number of radios), the radio ID of each radio, the terms version you accepted, and the date and time you accepted it.

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Part C. Path 2 - Terms of Sale (your own FCC license)

Path 2 is for businesses that already hold their own FCC license. You buy the radio, we program it with your license details, and there is no monthly fee.

C1. Price

$159 per radio, one-time, including programming with the details you give us. No monthly fee. Tax and shipping are added at checkout.

C2. What you must give us

• Your licensee name and FCC call sign.
• The frequencies (and, if you have them, color code, timeslot, talkgroup, and radio ID preferences) you want programmed.
• Whether you want encryption and, if so, confirmation that your license and radio service allow it.
• Optional: a copy of your license. Sending one helps us finish faster.

You confirm that your license is valid and active, and that it allows these radios, these frequencies, digital (DMR) operation, the power level, encryption if you asked for it, and the area and number of radios you will use. We will not program encryption for amateur (ham) licenses, because amateur rules do not allow encrypted messages.

C3. Our license check

We do a reasonable check only: we look up your call sign in the FCC's public license database to see that it is active and that the frequencies you gave appear on it. We do not check anything else, we do not give legal or licensing advice, and our check is not a promise that your use is legal.

We may refuse or cancel a Path 2 order, with a full refund, if we can't verify your license, the details don't match, the license is expired, or anything else looks wrong.

C4. You are responsible for compliance

You, as the licensee, are responsible for following your license and FCC rules, including station identification, frequency coordination, operating area, number of radios, and renewals. We program exactly what you give us. If the information was wrong and the radio needs reprogramming, we charge [$25] per radio plus shipping. You agree to cover our costs if a claim or FCC action results from information you gave us or your use of the radios (see A12).

C5. After delivery

The radio is yours. You may reprogram it yourself under your own license. Reprogramming by you or anyone else ends our 30-day programming fix in A8 and makes the radio non-returnable.

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Part D. Austin Rental Terms

Rentals are available only in the Austin area. Rental radios are programmed on SpectraPTT's FCC license, and you rent them; you never own them.

D1. Who can rent

Rentals are only for businesses and organizations, such as companies, schools, churches, nonprofits, government agencies, and event, venue, or production companies. Because the radios run on our business radio license, we do not rent to private individuals for personal use (for example, a couple renting for their own wedding). Wedding planners and venues may rent. We may refuse any booking.

D2. Kits and prices

Pricing is $10 per radio per event (up to 3 days), $25 per radio per week (4-7 days), and $60 per radio per month (8-28 days). Radios come in kits:

You can combine kits (for example, Site 10 + Crew 4 = 14 radios). For longer than 28 days, renew month to month. The rental period counts from delivery day to pickup day. Returning early does not lower the price. Each kit includes, for every radio, a programmed Baofeng DM-1801 Pro, a spare battery, a charger, and an earpiece, plus a power strip, a laminated quick-start card, and a hard case with numbered slots.

D3. Payment and deposit

You pay the full rental, delivery fee, and Texas sales tax at checkout through Stripe. We also place a refundable hold of $50 per radio on your card. We release the hold after we check the kit in, usually within 2 business days after pickup. Card holds usually expire after about 7 days, so for longer rentals we keep your card on file instead.

You authorize us to charge your card for any late, loss, damage, or other fees under these terms, after we email you an itemized check-in report with photos. If the fees are more than the deposit, you authorize us to charge the difference.

D4. Delivery and pickup (contactless)

• We deliver and pick up on weekday mornings, 8:00-11:00 AM only. Book at least 2 business days ahead. For weekend events, we drop off Thursday or Friday morning and pick up Monday morning.
• Minimum order: one Crew 4 event kit plus delivery.
• At booking, name a hand-off spot (a staffed front desk, office, security desk, or locked job-site trailer) and an on-site contact email. No signature is needed. We email a time-stamped photo at drop-off and at pickup.
• You are responsible for the kit from the drop-off photo until the pickup photo, including theft from the hand-off spot.
• Check the kit when it arrives and email us within 2 hours if anything is missing or not working. Otherwise the kit is treated as received complete and working.
• If no one can receive the kit, or the site is closed or unsafe, we may leave it only where you told us to, or take it back and charge a $35 re-trip fee.

D5. Late return

Have the complete kit packed at the hand-off spot at the start of your pickup window. If it isn't ready, you pay a $35 re-trip fee for each missed pickup, plus $10 per radio for each extra day until we collect it. If the kit is not returned within 7 days after the due date, we treat the missing items as lost and charge the loss fees in D6. We may report unreturned equipment to police.

D6. Damage and loss

Normal wear is on us. You pay for items that are lost, stolen, or damaged while in your care, no matter who caused it. Damage is charged at repair or replacement cost, never more than the loss price. For theft, please send us a police report number.

D7. The radios run on our FCC license

Rental radios transmit on frequencies licensed to SpectraPTT LLC under FCC Part 90 (Industrial/Business), call sign [CALL SIGN]. The license application is pending (file number 0012209990, FRN 0038971479), and we will not start rentals until it is granted. The license stays ours; you use the radios under our authority and control. You agree to:

• Use the radios only for lawful business, organizational, or event communications.
• Use them only in the continental United States.
• Follow FCC rules and our instructions, including stopping transmitting if we or the FCC ask.
• Not use them for any illegal purpose, to harass anyone, or to interfere with other radio users.
• Not say or imply that you hold the license.

If these rules are broken, we may end the rental and collect the radios early, with no refund. We do not promise that we can remotely disable a radio.

D8. No reprogramming or tampering

Do not change, reprogram, read, copy, or unlock the radios, connect them to any programming cable or software, or try to change frequencies or encryption. Do not open the radios or use other brands' batteries or antennas. If a radio has been tampered with, you pay a $50 reprogramming fee, and if it can't be restored, the $125 loss fee.

D9. Cancellations and changes

Free cancellation 72 or more hours before the scheduled delivery. Inside 72 hours, we charge 50% of the rental price and refund the rest. The delivery fee is not refunded once our driver has left. Date changes are free if radios are available and you ask by email at least 72 hours ahead.

D10. If a rental radio fails

Email us. We will try to swap it on the next available weekday morning, or refund the rental price for that radio. That refund is the most we owe you for a failed radio (see also A11).

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