Please read these terms carefully before using our services
Last Updated: May 18, 2024
Welcome to TowerGPS. These Terms of Service ("Terms") govern your access to and use of TowerGPS's website, products, and services, including our GPS tracking devices, mobile applications, and online platform (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Services.
By creating an account, installing our applications, using our devices, or otherwise accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" refers to that entity.
We may modify these Terms at any time. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through our Services, or updating the "Last Updated" date at the beginning of these Terms. Your continued use of our Services following notification of changes confirms your acceptance of our updated Terms.
To use certain features of our Services, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
Our primary services involve GPS tracking devices and associated software applications that enable you to track and monitor your assets. The specific features and functionality available to you depend on the particular plan or package you have purchased.
While we strive to provide continuous and uninterrupted Services, we do not guarantee that our Services will always be available, uninterrupted, or error-free. Service availability may be affected by factors outside our control, including but not limited to network availability, environmental conditions, and device placement.
Some of our Services require payment and subscription. By subscribing to our Services, you agree to pay all fees applicable to your subscription plan. We may change our fees at any time by posting the changes on our website or by notifying you directly. Continued use of the Services after the effective date of a fee change constitutes your acceptance of such change.
You may cancel your subscription at any time by contacting our customer service. Refunds, if applicable, will be issued in accordance with our refund policy, which is available upon request.
You agree to use our Services only for lawful purposes and in accordance with these Terms. You will not use our Services:
You are responsible for the proper installation and maintenance of our tracking devices according to the instructions provided. Improper installation may affect device performance and service reliability.
If you allow others to access your account or use the Services under your account, you are responsible for ensuring they comply with these Terms and for all activities that occur under your account.
The Services, including all content, features, and functionality, are owned by TowerGPS, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms do not grant you any rights to use our trademarks, logos, domain names, or other brand features. You may not copy, modify, distribute, sell, or lease any part of our Services without our prior written consent.
If you purchase hardware or equipment from us, the hardware is subject to the limited warranty provided at the time of purchase. The warranty period and terms may vary depending on the product. This warranty is void if the hardware has been subject to unauthorized repair, misuse, or damage.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOWERGPS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, OR GOODWILL, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF TOWERGPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR TOWERGPS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold harmless TowerGPS, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.
We may terminate or suspend your access to all or part of our Services, with or without notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms, applicable law, or is harmful to the interests of another user, a third party, or us.
Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms and any dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law provisions. Any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California.
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and TowerGPS concerning the Services.
If you have any questions about these Terms of Service, please contact us at:
Tower Logix Inc
Glendale, CA 91201
Email: info@towergps.com
Phone: 818.720.6600