Updated on: 12th January 2016
Effective Date: 12th January 2016
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND LOCCATE GOVERNING YOUR USE OF LOCCATE SUITE OF REAL-TIME LOCATION TRACKING SOFTWARE AND SERVICES.
Parts of this Agreement
This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
Acceptance of the Terms
You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Terms by registering in the Service or by actually using the Services.
Description of Service
Loccate provides an array of services for online location and tracking of the movable assets, such as people, vehicles, pets and other, view of their movement history, geo-based notifications, field tasks management, communication, fleet costs calculations, fuel usage reporting, scheduling vehicle maintenance, related Apps, tools and support services. You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser and mobile Apps supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.
Modification of Terms of Service
We may modify the Terms upon notice to you at any time through a service announcement, notification on our website or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing Loccate notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.
User Sign up Obligations
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Loccate has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Loccate may terminate your user account and refuse current or future use of any or all of the Services.
The Services are for use by users who are at least 16 years old. Users under the age of 16 are not permitted to use the Services without the consent of a parent or legal guardian. By registering, accessing or using the Services, you represent that the information provided about yourself, including your age or the consent of a parent or legal guardian, is accurate and complete.
Personal Information and Privacy
Subscription to Beta Service
We may offer certain Services as closed or open beta services (“Beta Service” or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Loccate will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
Communications from Loccate
The Service may include certain communications from Loccate, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
If we receive a complaint from any person against you with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy Loccate in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by Loccate to the complainant.
Fees and Payments
The Services are available under subscription plans on monthly durations. Payments for subscription plans can be made only by Bank Card, PayPal or Wire Transfer. Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan or inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Bank Card last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Bank Card. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. If you have not downgraded to a free plan and if you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized Loccate to charge the subscription fee to the Bank Card last used by you.
The Service fees are charged per tracking device. If you have more than one device in your account, your total monthly fee will increase accordingly. The billing system charges your account daily by 1/N of the monthly fee per device, where N is the number of days in the current month (28, 29, 30 or 31). You have to get keep your balance positive, otherwise the Service will be suspended and all data that is received within that period will be lost. When your subscription starts not from the first day of the month, you will be billed from the actual date of your first using of the Services.
If you have more than one device in your account on different plans, some limitations of the lower plans may affect devices on the higher plans. For example, the number of available maps will be set to the minimum of all plans you use. To avoid this sort of limitations we recommend to use multiple accounts and not mix devices on different plans within the same account.
From time to time, we may change the price of any Service. Any increase in charges will not apply until the expiry of your then current billing cycle.
At Loccate we strive to create quality software that you enjoy using for your business or professional life. If at anytime during your using our service you beyond the first month are dissatisfied, please contact us. We will do our best to address your issue, provide a work around or give a timeline for a solution that will meet your needs. If you are not satisfied and asking for refund, here come the details of refund policy.
- First month. If at anytime during your first month using our service you are dissatisfied, we will gladly offer you a FULL REFUND for your purchase, and downgrade your account to the free plan for that service.
- Following months. If at anytime during your using our service beyond your first month, we will gladly offer you a refund of the REMAINING AMOUNT on your account balance.
- Auto-Renewals. For your convenience, your monthly subscriptions may auto-renew until you cancel the service. Every time before your subscription auto-renews, we will send a mail specifying the amount that will be charged to your bank card. Similarly, after each renewal we will send you a receipt via e-mail specifying the amount that has been deducted together with the next renewal date and the next renewal amount. We know that sometimes customers forget to cancel an account they no longer want until it is has already been charged. That’s why you can cancel your monthly/annual subscription even five business days after your renewal date, and we will still process your cancellation and give you a FULL REFUND.
In all cases you will be able to choose whether we downgrade your account to the free plan for that service or terminate your subscription.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: plan or engage in illegal activities; access and use confidential information that you are not allowed to deal with; threaten or harm any persons or organizations; impersonate another person, falsify the addresses of devices you use with the service; post, or otherwise make available any unsolicited or unauthorized messages and materials, including illegal, harassing, threatening, malicious, libelous, abusive, violent, obscene; disrupt the Service, including any unauthorized access, use or monitoring of relevant data or traffic transmission meaningless and useless information, creating unnecessarily high load on the Services; use the Services and associated radio-emitting and navigation equipment in places where it is prohibited or is dangerous; reproduce, copy, duplicate, sell, resell, lease or exchange of the Services (or any part thereof).
THE SERVICE MUST NOT BE USED AS A RELIABLE SOURCE OF INFORMATION IN SITUATIONS WHERE ERRONEOUS, INACCURATE, UNTIMELY OR INCOMPLETE DATA MAY RESULT IN DEATH, INJURY, DAMAGE OR LOSS OF THE PROPERTY OR ENVIRONMENT DAMAGE.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
Inactive User Accounts Policy
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination. The data deletion policy may be implemented with respect to any or all of the Services. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Loccate the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Loccate’s commercial, marketing or any similar purpose. But you grant Loccate permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you. At the same time you hereby is notified and agree that Loccate can use depersonalized data for collecting the traffic statistics, marketing, advertisement and similar purpose and also forward it to contract partners in depersonalized form only.
Support is provided to users with paid subscriptions only. Depending on the plan available communication channels and response time may vary. Appropriate conditions are applied in regards of tracked assets independently, i.e. you may have assets on various plans and get support service accordingly.
Sample files and Applications
Loccate may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Loccate makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
“Loccate” name, “Loccate” logo, the names of individual Services and their logos are trademarks of Loccate. You agree not to display or use, in any manner, the Loccate trademarks, without Loccate’s prior permission.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. LOCCATE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LOCCATE MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM LOCCATE, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU AGREE THAT LOCCATE SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF LOCCATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL LOCCATE’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
You agree to indemnify and hold harmless Loccate, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by Loccate.
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Russian Federation. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Ekaterinburg, Russia and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Loccate may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Suspension and Termination
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to [email protected] within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.
In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if Loccate breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.
550 West B Street, 4th Floor #128
San Diego, CA 92101
END OF TERMS OF SERVICE