Terms of Use

Welcome to https://livegpstracks.com (the “Website”), Company's official social media communities, forum, mobile applications “Real Time GPS Tracker”, “Mobile Dispatcher”, and “LiveGPS Travel Tracker” (referred to as the “Applications”, jointly with the Website referred to as the “Service”, and all services being rendered via the Website and the Applications, jointly referred to as the “Services”

The Services are provided and owned by the company (the “Company”):

TraceOnline24 OU

10316, Estonia, Tallinn, Kolde pst 98

Email: info@livegpstracks.com

Phone number: +372 6991534

By accessing or using the Services, you acknowledge that you have read, understood and agree to be bound by these Terms of Use and the collection and use of your information as set out in our Privacy Policy.

The Agreement applies to all visitors and potential Users, as well as to other users using the Service (hereinafter referred to as the “Users” or “You”). This agreement discloses the terms and conditions under which the User may use the Service (“Terms of Use” or “Terms”).

If you use the Services on any external platforms, including but not limited to Apple App Store and Google PlayTM, you must also accept and comply with all the rules of such platforms applicable to the Service.

If you have any questions, do not hesitate to contact us at support@livegpstracks.com.

Your agreement with us to comply with these Terms is effective immediately upon the start of use of the Services by you, including your visit to the Website or installation of the Applications.

If you do not accept these Terms of Use, please close the Website or uninstall the Applications and do not use our Services.

1. Acceptance of the Terms

The Company provides the User with the Services subject to your compliance with these Terms of Use, as well as any other agreements between us.

To accept the Terms, you must be of legal age.

If you do not agree to these Terms, please do not click “Agree” and avoid further use of our Services. In good faith and in your own best interest, by clicking “Agree” you acknowledge that you are fully aware of, acknowledge and accept all of the conditions of these Terms of Use.

Any disputes based on claims of lack of knowledge of the existence of the conditions immediately following the acceptance of these Terms of Use cannot be accepted or considered in any case.

2. Prohibited Activities

You are not allowed to:

● Use the Services for purposes that are illegal or harmful to the Company or any other person or entity in any way.

● Covert tracking or surveillance of a person without its permission, as well as assets without the permission of the owner.

● Use the Service as a spyware or secret tracking tool.

● Represent falsely oneself to be another person, or otherwise falsify affiliation with a particular person or entity, commit fraud, hide or attempt to hide your true identity

● Use the Service or any part or element thereof to commit a crime, violate any applicable law, or induce or invite others to commit such illegal actions

● Copy, duplicate, distribute, modify, adapt, hack, create derivative works, commit reverse engineering or decompile the Service or any part or element thereof, or attempt to extract the source code.

● Get access to any content within the Service using any technology or any other methods other than those authorized or offered by the Service or in circumvention of measures that may be taken to prevent or restrict access to the Service, including, but not limited to, features that prevent or restrict the use or copying of any content or placing restrictions on the Service or use of its content.

● Influence the proper operation of the Service and take any action that the Company may consider as leading or actually leading to a disproportionate or unnecessary heavy load on the infrastructure.

3. Personal Information and Privacy

All personal information you provide to the Company via the Service is governed by the Privacy Policy. Your decision to use the Service constitutes your acceptance of the terms of the Privacy Policy. You are responsible for maintaining the confidentiality of your username, password and other confidential information.

4. Description of Services

The Company provides a set of services for online monitoring:

● online positioning

● real-time tracking of assets, people, vehicles, pets and other objects

● trip history overview

● notifications on metrics, device status, and attendance at designated locations or going outside designated areas

● reports (e.g. fuel consumption, mileage, device data)

● relevant mobile applications

● additional tools for providing online monitoring services

● support service

The Company provides a range of services for the following:

● Travel recording and storage with geo-referenced photos, including a thematic app for mobile platforms

● Track storage

● Rout laying and creation

● Tracks and coordinates conversion into various formats

● Own business creation in the sphere of online monitoring

You may connect to the Service using any Internet browser and mobile applications supported by the Service. You are responsible for obtaining access to the Internet and the equipment necessary for using the Service.

5. Paid Services

5.1 How the paid tariff plans work

Paid tariff plans are valid and intended only for the Online monitoring service (“GPS/GLONASS Monitoring" Website section, “Real Time GPS Tracker” and “Mobile Dispatcher”) Applications.

The cost of the Services is governed by tariff plans: https://livegpstracks.com/default.php?ch=price

In tariff plans, the cost is indicated for 1 (one) tracker. The indicated cost is applied to each tracker connected to the personal account (except for the test device).

When switching to a paid tariff plan, all trackers already connected in your personal account automatically become paid, and the cost set by the tariff plan is applied thereto.

5.2 What services are debited

● The costs for tracker connection are written off

● The costs for tracker servicing are written off

● Cost of SMS messages sent from the Service are written off

There are no other write-offs.

5.3 How the tracker connection is debited

5.3.1 When each new tracker is connected, a connection fee in the amount of a monthly subscription fee according to the tariff plan is written off.

Within one (1) month (31 days from the moment the device is connected) no more charges are written off.

5.3.2 The service is considered fully rendered after the tracker is successfully added to the User's personal account.

5.3.3 This clause may be applied to the already connected devices subject to switching from free or test tariff plans to any of the paid tariff plans.

5.4 How the funds for tracker maintenance are written off

5.4.1 Starting from the second month (31 days after the tracker connection), the daily fee is written off (based on the cost of the device according to the tariff plan / number of days in a calendar month).

5.4.2 The daily subscription fee implies charging for the use of the Service for the previous day (post-payment), provided that the device is in the system at the time of charging (not disconnected).

5.4.3 The service is considered fully rendered after writing off the amounts from the account balance.

5.5 How the funds for SMS messages are written off

If, when setting geofences, notifications by events or parameters, proximity zones or other chosen options that allow you to receive notifications from the Service, you have chosen SMS as the notification type, then a fee for the message will be charged, according to your tariff plan, when a notification is sent.

5.5.1 If there are not enough funds on the balance to send a message, the notification shall be automatically changed to the “E-mail” type.

5.5.2 The service is considered fully rendered after successful message sending. The Company is not responsible for non-delivery of the message for any reasons beyond the Company's control.

5.6 Insufficient balance in case of daily write off for the service

If at the time of writing off, there is no sufficient amount on the balance of personal account, the devices are locked.

If the amount available is enough for only a part of devices, they shall be paid. All others shall be locked.

5.6.1 Locked device indication

● In the section “GPS/GLONASS Monitoring” of the Website, the “display on the map” option is not available, and the tracker is not displayed at the device tab

● In the “Trackers Management” section, there is a yellow exclamation mark next to the device

● In the “Mobile Dispatcher” app, the device is locked for viewing

● Data from the device during the lock period is not saved by the Company and cannot be restored in the future

5.6.2 After balance recharging

● Trackers are automatically activated.

● If the deposited amount is only enough for a part of the trackers, then this part shall be activated, and the rest shall remain locked.

● In some cases, the Company cannot guarantee the automatic activation of devices. If this is the case, it is possible to activate trackers manually.

● Saving and displaying data from the device starts from the moment of activation of a tracker

5.6.3 If the tracker is blocked, data from it will not be accepted or stored.

5.6.4 A blocked tracker, after a reasonable amount of time, may be deleted.

5.7 When disconnecting a tracker or switching to a “Free tariff plan”, the connection fee is not refundable, as the “Tracker Connection” Service has been provided in full. When you re-add or switch to a paid tariff plan, the connection fee is charged again.

5.7.1 When a tracker is deleted from a user's account, regardless of the tariff and reasons for deletion, the data sent by the tracker will also be deleted.

5.8 Tariff plan changing

5.8.1 When switching from the “Free” tariff plan to any of the paid tariff plans in case of the presence of already connected trackers in your personal account, the connection fee is charged for each tracker in the amount established by the tariff plan, in accordance with the rules specified in clause 5.3 of these Terms of Use.

5.8.2 When switching from the “Free” tariff plan to any of the paid tariff plans, no fee is charged, if no tracker is connected in the personal account

5.8.3 Switches between paid tariff plans are not charged, but limited to 2 switches per one (1) calendar month.

5.8.4 When changing the tariff plan, the possibilities that are unavailable on the previously connected tariff plans, shall be applied to the data received and stored only after switching to the selected tariff plan.

5.8.5 When switching from paid tariff plans to free ones, the data received during the period of using the paid tariff plan remains available for display for the period established by the tariff plan under which they were received.

5.9 The Service makes it possible to connect one (1) device as a test device when using paid tariff plans (“Test tracker” option).

● The test device has significant limitations in terms of functionality and the period of its registration on the Service.

● The test device is not intended and prohibited for permanent use.

● The test device is designed to avoid unnecessary costs due to addition or setting up errors. We strongly advise you to connect the tracker as a test one, ensure that the tracker starts to be displayed on the map of the Service, and only after that switch to the current tariff plan.

5.10 Refunds.

5.10.1 You can return your unused funds at any time. To do this, write to our support e-mail: support@livegpstracks.com

The refund shall be made in the same way that the payment has been made.

5.10.2 In cases where the personal account balance has been replenished using bonuses, gifts (including certificates), the funds are not returned.

5.10.3 Users from the European Union have additional special rights:

According to EU law, you have the right to refuse payment under the contract within fourteen days with no explanation. The refund period expires fourteen days from the date of conclusion of the agreement. To exercise your right to a refund, you must inform us (TraceOnline24 OU, 10316, Eesti, Tallinn, Kolde pst, 98, support@livegpstracks.com, +372 6991534) of your decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by e-mail). The refund shall be made in the same way that the payment has been made.

5.11 The “Online monitoring Service is provided by the Company on the basis of a public offer agreement

5.11.1 The Agreement is considered concluded from the moment when you start using the Service.

5.11.2 The Company does not enter into personal contracts with separate individuals or legal entities

5.12 The Company reserves the right to change tariff plans, the cost of its Services from time to time with prior notification via the Website at least 7 days before the changes come into force

5.13 By using third-party payment systems connected to the Service, you agree to their terms of service.

5.14 Limitations on use of the Service

5.14.1 It is not allowed to use the Services in the free sections of the Service and free Tariff plans for commercial purposes or by legal entities.

5.14.2 Legal entities or individuals wishing to use the Service for commercial purposes can use the free Tariff plans of the Online Monitoring Service to test the Service only within one account and for a period not exceeding thirty (30) days from the date of the account registration.

5.14.3 It is not allowed to register and/or use two or more accounts by the same user for any reason. In case of detection of such accounts, they shall be locked without warning.

6. User Account

6.1. You acknowledge and agree that the Company should provide the capability to create a user account, and you have no ownership or other proprietary interest in any user account or profile. The account is permanently owned by the Company. The Company does not recognize the transfer of any account or user profile. Therefore, you may not give, buy, sell, exchange, offer for sale, license, assign or otherwise waive your rights, obligations or liabilities under the Terms, in whole or in part, without the prior written consent of the Company. Any attempt to do so is void and has no effect.

6.2. The accounts you may create using the Service provide you with access to services and functions that We may create and maintain from time to time and in our sole discretion. When creating an account, you must provide accurate and complete information. You are solely responsible for activities that occur under your account, and you must keep your account password secure. We recommend you to use “strong” passwords (passwords that use upper and lower case letters, numbers) for your account. You must notify us immediately of any breach of security or unauthorized use of your account. The Company is not responsible for any losses caused by unauthorized use of your account.

6.3. The User can manage his/her personal profile and the way he/she interacts with the Service by changing the available Account settings.

6.4 It is not allowed to register and/or use two or more accounts by one user for any reason. If such accounts are identified, they will be locked without warning.

6.5 Removing an account

6.5.1 Before removing an account, you must clear all data yourself:

● Remove all connected trackers

● Delete tracks from the storage

● Delete travel records

6.5.2. After all data cleansing, please send a request to support@livegpstracks.com from the email address to which the account was registered. Please include your username in the removal request.

6.5.3. If you request account deletion, we may retain your information if it is necessary for our legitimate business interests such as complying with our legal obligations, tax law, resolving disputes and enforcing our agreements. Data will be deleted as soon as it is no longer required to be retained and upon termination of data retention obligations.

7. Termination of use

7.1 You may terminate the use of the Services at any time by sending a request to support@livegpstracks.com

7.2 The Company may unilaterally block the use of the Service by you, including suspension of access to your account, if you do not comply with or violate the conditions defined by the Terms of Use and/or the offer agreement. In such a case, the Company will send you a notice prior to the termination date.

7.3 In case of termination, you will remain liable for any fees and/or charges you incurred prior to such termination.

8. Third Party Links

The Service may contain links to third party websites, advertisers, services, special offers or any other events or activities that are not owned or controlled by the Company. The Company is not responsible for any third party websites, information, materials, products or services contained on such sites. If you visited a third party website from the Service, you do so at your own risk and you understand that this Agreement does not apply if you visit such websites. The User releases the Company from any liability related to the use of third-party websites, services or their content.

9. Disclaimer

9.1 The Service is provided by the Company on an “AS IS” basis. The Company does not guarantee the compliance of the Service with the goals and expectations of the Users, its uninterrupted and error-free operation, the accuracy of determination of geographic coordinates. The Company is not responsible and does not compensate for any damage, direct or indirect, caused to the User of the Service or third parties as a result of the use or inability to use the Service.

9.2. The User is fully responsible to third parties for all actions when using the Services, including that they comply with the requirements of the law and do not violate the rights and legitimate interests of third parties. The User independently and at its own expense undertakes to settle all claims of third parties related to the actions of the User when using the Service.

9.3. The Company cannot act as a defendant, co-defendant and/or witness in court or in any other instance, in cases of third parties to which the current and/or former User of the Service is a party.

10. User Content

10.1 If the Company gives you the capability to post, upload, store, send or display photographs, images, videos, data, text, music, comments and other information and content (“User Content”), you should acknowledge that you own any intellectual property rights in any such User Content that you submit, or have sufficient rights to submit User Content to the Service without violating any third party rights. The Company does not pretend to any ownership rights in any User Content that you may submit or offer through the Service. However, to the extent that you submit any User Content, you acknowledge and agree that you automatically grant (and represent and warrant that you have the right to grant) a free, worldwide, fully paid, perpetual, irrevocable license to:

● use, reproduce, distribute, remove and analyze any of your Content that the Company may deem necessary or desirable for any purpose in connection with the operation of the Service, and

● copy, modify and reproduce your Content for marketing, advertising and/or other purposes in connection with the Company or the Services in any media, and

● use, edit, modify, reproduce, distribute, prepare derivative works, display, publish or otherwise make available to any other user in connection with any feature of the Service, and

● remove any or all of your Content from the Service, intentionally or unintentionally, for any reason or no reason, without any liability to you or any other party, and

● allow the Services or users of the Services to share or post the User Content on third party sites, such as, without limitation, social media.

10.2. The posting of User Content, including links to third party websites, by Users or third parties does not imply that the Company has reviewed, verified or endorsed such posting or that it recommended it. The Company assumes no responsibility for User Content or for any direct or indirect damage caused by the use of such User Content or websites.

10.3. Sending feedback or ideas. By submitting comments, ideas or feedback to us, you agree that we may use, disclose, reproduce, and distribute them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by the Company, or received from sources other than you.

11. Mobile Applications

11.1. As part of the Service, the Company offers mobile software, including applications developed for mobile devices (“Applications”). In order to use the Applications, the User must have a mobile device that is compatible with the mobile software. Company does not guarantee that the Applications are fully compatible with the device that User has.

11.2. The User agrees that the Company may release updated versions of the Applications from time to time, and may automatically update the version of the Applications installed on the mobile device. User agrees that automatic updates are available on the mobile device and that these Terms of Use apply to all such updates. Any other software that is developed by a third party and can be integrated into the Applications is distributed under an open license or through an external user agreement, unless otherwise specified in the terms of use of the Application. The Company reserves the rights not specified in these Terms of Use.

12. Service Notification

12.1 By providing an e-mail address to the Company, the User agrees that the Company may use the e-mail address to send legal notices about the Service instead of sending paper letters by mail.

12.2 The User undertakes to keep the e-mail address provided up to date.

13. Assignment

The Company may assign these Terms of Use, in whole or in part, at any time. However, you may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without the express prior written consent of the Company.

14. Dispute Resolution

In the event of a dispute between you and the Company on the issues specified in the Terms of Service or in connection with them, the Company and you shall take all measures to resolve them by negotiations.

If not resolved by negotiation, all disputes shall be resolved in a court determined by the Company.

15. Technical Support Policy

15.1. Technical Support is available and provided only to registered Users of the Service or potential Users on matters that need to be resolved in order to become a User of the Service.

15.2. Technical Support is provided only in respect of the Service (infrastructure, operation, availability, and other parts owned by the Company).

15.3 Technical support is not provided in respect of the equipment, software or other features or infrastructure not owned by the Company.

15.2 As part of the service on creating your own business in the sphere of online monitoring (Hosting Platform), technical support is provided exclusively to the owner of an account on the Hosting Platform. The owner of an account on the Hosting Platform provides technical support to its users individually.

15.4. For more details please refer to our Technical Support Policy.

16. Contact Details

Please contact us at support@livegpstracks.com, if you have any questions regarding this Agreement.