Terms & Conditions
1.0 Acceptance of Terms
1.1 Autosurveil GPS provides its Hardware and Service (each as defined below) to you through its mobile applications, its website located at https://www.autosurveil.com (the “Site”) and via other channels, subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you do not agree with this TOS, you must not accept this TOS and may not use the Service.
1.2 We reserve the right, at our sole discretion, to change or modify portions of this TOS at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, whether through the Services user interface, in an email notification, or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services or Hardware after the date any such changes become effective constitutes your acceptance of the new TOS.
2.0 Description of Service
The “Service” includes (a) the Site, (b) Autosurveil GPS’s device information and related services, and (c) all mobile applications and other software (including the Software, as defined below), data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content”).
The “Hardware” means Autosurveil GPS’s device that may be connected to your vehicle, movable or landed asset or property in connection with the Service. Any updates or new features added to or augmenting the Service or the Hardware are also subject to this TOS; to keep the Software up-to-date, you agree that we may provide you with such updates without your further consent or notice to you.
NOTE THAT IN ORDER FOR THE SERVICE TO FUNCTION, THE MOBILE DEVICE ONTO WHICH THE AUTOSURVEIL GPS APPLICATION IS INSTALLED MUST BE INSTALLED WITH OR INCLUDED WITHIN OR ASSOCIATED WITH YOUR SERVICE AND THE HARDWARE MUST BE PROPERLY INSTALLED ON OR IN YOUR ASSET. THE MOBILE DEVICE MUST ALSO HAVE ADEQUATE NETWORK AND DATA SERVICE IN THE LOCATION WHERE NEEDED.
This GPS Unit Lease is made effective as of the time payment is received by Autosurveil GPS for the one year renewable lease of the GPS Equipment Unit, Software, Data and Data Storage and states the agreement of the parties as follows.
2.1 Lease Terms
This Lease shall begin on the effective date of purchase for a one year renewable term and shall terminate when the equipment is returned to Autosurveil GPS, hereinafter referred to as the Lessor unless otherwise terminated in a manner consistent with the terms of this Lease.
The GPS Unit shall remain in possession of the Lessee during the lease term, and shall not be removed from the Lessee’s possession without the Lessor’s consent. The GPS Unit may only be used and operated in a careful and proper manner. Its use must comply with all laws, ordinances, and regulations relating to the possession and use of the equipment. Lessee shall make no alterations to the equipment without the prior written consent of the Lessor. All alterations shall be the property of the Lessor and subject to the terms of this Lease.
The Lessee shall maintain, at the Lessee’s cost, the equipment in good repair and operating condition, allowing for reasonable wear and tear. The Lessor will be responsible for repairs related to manufacturing defects, changes in technology and device failure during the course of normal device care and use. If at any time during the course of normal use your GPS device stops working, we will correct the problem or replace the unit during the terms of this lease. Shipping charges for the transportation of GPS units from Lessee to Lessor is the responsibility of the Lessee. At the end of the Lease Terms, the Lessee shall be obligated to
return the equipment to the Lessor. If the Lessee is not in default upon the expiration of this lease, the Lessee shall have the option to renew this Lease for a similar term on such terms as the parties may agree at the time of such renewal.
The Lessee assumes all risks of loss or damage to the GPS Unit from any cause, and agrees to return it to the Lessor in the condition received from the Lessor, with the exception of normal wear and tear, unless otherwise provided in this Lease.
The following shall constitute a default under this Lease:
A. The failure to make a required payment under this Lease when due.
B. The violation of any other provision or requirement of this Lease.
C. The insolvency or bankruptcy of the Lessee.
D. The subjection of any Lessee’s property to any levy, seizure, assignment, application
or sale for or by any creditor or government agency.
In addition to any other rights afforded the Lessor by law, if the Lessee is in default under this Lease, without notice to or demand on the Lessee, the Lessor may take possession of the equipment provided by law, deduct the costs of recovery (including attorney fees and legal costs), repair, and related costs, and hold the Lessee responsible for any deficiency. The rights and remedies of the Lessor provided by law and this Agreement shall be cumulative in nature.
The Lessee shall not assign or sublet any interest in this Lease or the GPS Unit or permit the GPS unit to be used by anyone other than the Lessee or Lessee’s employees or members, without the Lessor’s prior written consent. This Lease constitutes the entire agreement between parties. No modification or amendment of this Lease shall be effective unless in writing. This Lease replaces any and all prior agreements between the parties.
3. General Conditions / Access and Use of the Service and Hardware
3.1 Subject to the terms and conditions of this TOS, you may access and use the Service and Hardware only for lawful purposes. You shall not use our Services or Hardware (and we will not be liable for your use of the Services and Hardware) in connection with (i) cars with modified engine or electronic control systems, or (ii) cars of any make, model or year that we do not support, as set forth on our website. All rights, title and interest in and to the Service, the Hardware and their components will remain with and belong exclusively to Autosurveil GPS and our Mobile Network Operating Partners. You shall not: (a) sublicense, resell, rent, lease, transfer, assign, time-share or otherwise commercially exploit or make the Service available to any third party; (b) use the Service or the Hardware in any unlawful manner (including, without limitation, in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service, the Hardware or their components, (c) modify, adapt or hack the Service or the Hardware to, or otherwise attempt to, gain unauthorized access to the Service, the Hardware or their related systems or networks, or (d) use the Service or Hardware to obtain or attempt to access any materials or information through any means not intentionally made available or provided for through the Service or Hardware. You shall comply with any codes of conduct, policies or other notices Autosurveil GPS provides you or publishes in connection with the Service and the Hardware, and you shall promptly notify Autosurveil GPS if you learn of a security breach related to the Service.
3.2 Any software that may be made available by Autosurveil GPS in connection with the Service, such as Autosurveil GPS’s mobile applications and any software embedded on the Hardware (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, Autosurveil GPS hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software solely in connection with the Service (and in the case of Software embedded on the Hardware, you may only use such Software on the Hardware), provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by Autosurveil GPS for use in accessing the Service.
The Autosurveil GPS name and logos are trademarks and service marks of Autosurveil GPS (collectively the “Autosurveil GPS Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us. Nothing in this TOS or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Autosurveil GPS Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Autosurveil GPS Trademarks will inure to our exclusive benefit. Any rights not expressly granted herein by Autosurveil GPS are reserved and no license or right to use any trademark of Autosurveil GPS or any third party is granted to you in connection with the Service or Hardware. Software, Hardware and the transmission of applicable data, if any, is subject to the Republic of Ghana’s export controls. No Hardware or Software may be downloaded or otherwise exported or re-exported in violation of Ghana’s export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service and Hardware.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “post(ing)”) in connection with or relating to the Service or the Hardware (“Your Content”). You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. Autosurveil GPS reserves the right to access your account in order to respond to your requests for technical support.
3.4 Autosurveil GPS uses reasonable security measures to protect the data we receive via the Services and Hardware. However, we cannot guarantee that third parties will never defeat our security measures. You acknowledge that you are using the Services and Hardware and sharing information at your own risk.
3.5 The Service includes certain services that are available via a mobile device, including (i) the ability to upload data to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application included and installed on a mobile tracking device (collectively, the “Mobile Services”).
By using the Mobile Services, you agree that we may communicate with you regarding Autosurveil GPS and other entities by SMS, MMS, text message or other electronic means to your mobile device for the purpose of providing the applicable service and that certain information about your usage of the Mobile Services may be communicated to us. You agree to promptly update your Autosurveil GPS account information to ensure that your messages are not sent to the person that acquires your old number. In the event that you fail to comply with the obligation to promptly update your Autosurveil GPS account information when changing or deactivating your mobile telephone number, you accept full responsibility for any of your messages which may not be delivered or may be sent to the person that acquires your old number.
3.6 Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
3.7 At all times and in the use of the Service you acknowledge that this TOS is a contract between you and Autosurveil GPS, even though it is electronic and is not physically signed by you, and it governs your use of the Service and Hardware and takes the place of any prior agreements between you and Autosurveil GPS related to the subject matter hereof.
4. Payment and Service Renewal
To the extent the Service, Hardware or any portion thereof is made available for any fee, you will be required to renew the service through a selected annual service plan. You agree that the GPS tracking service is provided to you on a contractual basis. Should you choose to discontinue or cancel your subscription, you willingly revoke access to the software and grant Autosurveil GPS the right to remove the tracking hardware on your automobile as specified in section 2.1 of this TOS.
You agree to pay Autosurveil GPS the amount that is specified in the payment plan in accordance with the terms of such plan and this TOS. If your payment plan involves subscription payments, you hereby authorize Autosurveil GPS to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges incurred. We reserve the right to change prices as we best see fit.
If Autosurveil GPS does change prices, Autosurveil GPS will provide you with notice of the change on the Site or in email to you, at Autosurveil GPS’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. Note that you (and not Autosurveil GPS or the Partner Mobile Network Operator) are responsible for any charges or fees payable to third parties in connection with the Service.
5. Representations and Warranties
You represent and warrant to Autosurveil GPS that: (i) you have full power and authority to enter into this TOS; (ii) you own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in your data collection using the Hardware, posting and other activities (and allow Autosurveil GPS to perform its obligations) in connection with the Service and Hardware without obtaining any further releases or consents; (iii) Your Content and other activities in connection with the Service, and Autosurveil GPS’s exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (iv) you are eighteen (18) years of age or older.
You have the right to terminate your account at any time in accordance with the procedures set forth on the Site. Autosurveil GPS reserves the right to (i) modify or discontinue, temporarily or permanently, the Service or Hardware (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if Autosurveil GPS believes that you have violated this TOS. Autosurveil GPS shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service or Hardware. Autosurveil GPS will use good faith efforts to contact you to warn you prior to suspension or termination of your account by Autosurveil GPS. All of Your Content on the Service (if any) may be permanently deleted by Autosurveil GPS upon any termination of your account in its sole discretion. If Autosurveil GPS terminates your account without cause and you have signed up for a fee-bearing service, Autosurveil GPS will refund the pro-rated, unearned portion of any amount that you have prepaid to Autosurveil GPS for such Service. However, all accrued rights to payment and the terms of Section 4 shall survive termination of this TOS.
7. Disclaimer of Warranties
The hardware comes with a limited warranty. The service, including the site, content and any data or other information provided by the hardware, software or service, and all server and network components are provided on an “as is” and “as available” basis without any warranties of any kind, and Autosurveil GPS expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, quality, accuracy, timeliness, completeness, correctness or reliability. Autosurveil GPS makes no warranty that (i) the service or hardware will meet your requirements, (ii) the service or hardware will be uninterrupted, timely, secure, virus-free or error-free, (iii) the results (such as vehicle error code analysis) that may be obtained from the use of the service or hardware will be accurate or reliable, or (iv) the quality of any services, information, or other material purchased or obtained by you through the service will meet your expectations. No information, advice or services obtained by you from Autosurveil GPS or through the service shall create any warranty not expressly stated in this TOS.
Under no circumstances and under no legal theory (whether in contract, tort, or otherwise) shall Autosurveil GPS be liable to you or any third party for (a) any indirect, incidental, special, exemplary, consequential or punitive damages, including lost profits, breach of privacy, lost sales or business, lost data or business interruption, (b) any injuries to persons or damage to property related to your use of the service or hardware, including but not limited to injuries to persons or property related to use of fault notification services or any damages relating to the installation, repair, or maintenance of the hardware, or (c) any direct damages, costs, losses or liabilities in excess of the service fees actually paid by you.
The provisions of this section allocate the risks under this TOS between the parties, and the parties have relied on these limitations in determining whether to enter into this TOS.
You shall defend, indemnify, and hold harmless both Autosurveil GPS and our Partner Mobile Network Operator from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service or Hardware. Autosurveil GPS shall provide notice to you of any such claim, suit or demand. Autosurveil GPS reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Autosurveil GPS’s defense of such matter.
You may not assign this TOS without the prior written consent of Autosurveil GPS, but Autosurveil GPS may assign or transfer this TOS, in whole or in part, without restriction.
10. Governing Law
This TOS shall be governed by the laws of the Republic of Ghana without regard to the principles of conflicts of law. Unless otherwise elected by Autosurveil GPS in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the courts of the Republic of Ghana for the purpose of resolving any dispute relating to your access to or use of the Service or Hardware.