Terms of service

TERMS OF SERVICE

 POSITION TECH

Position Tech LLC (Position Tech) provides certain services at the website located at positiontechgps.com (the “Website”) to you subject to the following Terms of Use (these “Terms”). If you are accessing and/or using the Website on behalf of your employer or as a consultant or agent of a third party, you represent and warrant that you have authority to act on behalf of and bind your employer or third party to these Terms. The Website is hosted in the United States.

 

The following key points are for your convenience only. They do not substitute the full Terms which are presented below.

  • The Service. PositionTech is an online platform that enables you to monitor the real time location of PositionTech GPS tracker devices that you have activated to operate with the Service.
  • Age Restriction. You must be 18 years of age or older in order to use this Service.
  • Privacy. We respect your privacy as further explained in our Privacy Policy.
  • Fees. The Service is a fee-based subscription plan that automatically renews at the end of each subscription period, unless you cancel your subscription before the subscription renews. Your payment method will be charged for the periodic fees due upon the start of each renewed subscription period.
  • Prohibited Use. You may not use the Service in any manner that violates applicable law or is objectionable or harmful to us or others.
  • Intellectual Property. All legal rights in the Service, including all intellectual property rights, are Position Tech’s. You must maintain in confidence information you are exposed to through your use of the Service relating to its operation, functionality, features, designs and business practices.
  • Data. You are solely and exclusively responsible for all actions you take in response to the Data that the Service makes available to you. You are also responsible for securing all valid consents, notifications and permissions in order to allow us to lawfully process the data in the manners and for the purposes set forth in these Terms.
  • Disclaimer of Warranty; Limitation of Liability. The Service is provided for use “as is”. We disclaim all warranties and representations with respect to the Service. To the maximum extent permitted by the applicable law, we – and anyone acting on our behalf – will not be liable for any damage or loss, arising from the use or inability to use the Service.
  • Indemnity. You agree to indemnify us in case of a third party claim in connection with your breach of these Terms or infringement or violation of any other person’s rights (including privacy).
  • Governing Law & Dispute Resolution. Use of the service is governed by the laws of the state South Carolina.

 

PositionTech, is an online platform that enables you to monitor the real time location of Position Tech GPS tracker devices that you have activated to operate with Position Tech Service. This service consists of smartphone apps for Android and iOS as well as a web application.

The Service is owned and operated by Position Tech, LLC, a South Carolina Limited Liability Company. (“Position Tech”, “we”, “us” and “our”).  

Please read the following Terms of Service (the “Terms“) carefully. By signing up to, accessing or using the Service, you agree to these Terms. If you do not agree to these Terms, you may not access or use the Service.

AGE RESTRICTION

You must be 18 years of age or older in order to use this Service. If you are under the age of 18 you may not sign up to the Service or use it in any way.

REGISTRATION TERMS

Information you Provide. The Service is available only to registered users. Use of the Service requires registration of a personal account.

When you register to the Service, we will ask you to provide us the details we describe in our privacy policy (“Registration Information”). Once registered, you may access the Service using your account username and password. You are responsible for maintaining the confidentiality and security of your password. You may not transfer your account to any third party, in any manner whatsoever. You agree not to use the account, username, or password of another Registered User at any time. You further agree not to disclose your password to any third party. You agree to notify Position Tech immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account and for all actions that take place through the use of your account.

False information. If we believe that the Registration Information you provide is false, deceptive or if we believe that you violated these Terms, we reserve the right to suspend or terminate your user account or your access to the Service.

Additional Information. We reserve the right to request additional information to verify your identity, during the registration process, throughout your use of the Service or when you submit support tickets related to your Service account.

LICENSE AND USE

Right to Access the Service. Subject to these Terms and your payment of the applicable fees, you may access and use the Service through our mobile application or our website (collectively, our “Platform”), strictly to track and monitor the real time location of Position Tech GPS tracker devices that you have deployed and activated to operate with Position Tech.

License. Subject to these Terms and your payment of the applicable fees, we grant you a worldwide, non-exclusive, non-transferable, and non-sublicensable license, to use the Service and access our Platform, solely for your internal business activities or your personal needs.

Others Using the Service for You. You must ensure that any of your employees, consultants or agents that you designate to use and deal with the Service for your benefit (“Authorized Users”) fully comply with these Terms. You are liable to us for any acts or omissions of Authorized Users, as though you yourself had performed those acts or omissions.

YOUR PRIVACY

We respect your privacy. Our Privacy Policy, which is incorporated into these Terms, explains our privacy practices.

FEE-BASED SERVICES

Fee-Based Service. The Service is subject to subscription fees at the rates and determined according to the plan you selected and whose details were presented to you when you registered for the Service (“Fee-Based Service“). You must pay for the Fee-Based Service through one of the payment methods we establish from time to time. By providing us with payment information for a payment method, you confirm that your payment method will be charged for the applicable fees. You are responsible for any commission or surcharges introduced by your selected payment method.

Automatic Subscription Renewals. The Fee-Based Service is a periodic subscription plan that automatically renews at the end of each subscription period, unless you cancel your subscription before the subscription renews. Your payment method will be charged for the periodic fees due upon the start of each renewed subscription period. You must keep the billing information you provided to us upon registration current, complete, and accurate, and notify us promptly in case of any change in your billing information.

Currency and Taxes. The Fee-Based Service is chargeable in US Dollars. Sales tax and other taxes may apply to the Fee-Based Service. Where taxes apply, we will use best efforts to add them to your checkout amount and seek your confirmation to the total amount due, including taxes. However, we cannot guarantee the accuracy of the tax amount presented to you. If we later determine that we have under-collected taxes on your Fee-Based Service, we reserve the right to charge you for any under-collected amount.

No Refunds. Unless otherwise mandated by law, all your payment obligations are non-cancelable, and all amounts paid in connection therewith are non-refundable by Position Tech. You are solely responsible for paying all applicable fees for the Fee-Based Service that you subscribed for, whether you used or benefited from the Service.

Failing to Pay. If you fail to settle your payments that are due for the Fee-Based Service, we may discontinue and block your use of the Service, without regard to any other remedies available to us under applicable law.

USE OF THE SERVICE

Prohibited use. When using the Service, you must refrain from –

  • Breaching these Terms or any other applicable rules and instructions that we may convey with respect to the Service;
  • Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, including laws governing privacy, data protection, defamation, spam and copyright;
  • Interfering with, burdening or disrupting the functionality of the Service;
  • Breaching the security of the Service or publicly identifying any security vulnerabilities in it;
  • Circumventing or manipulating the operation or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;
  • Sending automated or machine generated queries;
  • Using robots, crawlers and similar applications to collect and compile content from the Service or send data to the Service including for the purposes of competing with the Service, or in such ways that may impair or disrupt the Service’s functionality;
  • Displaying or embedding content from the Service, including by any software, feature, gadget or communication protocol, which alters the content or its design;
  • Impersonating any person or entity, or making any false statement pertaining to your identity or affiliation with any person or entity;
  • Collecting, harvesting, obtaining or processing personal information regarding the Service’s other users;

INTELLECTUAL PROPERTY

Our Intellectual Property. All rights, title and interest in and to the Service, including without limitation, patents, copyrights, trademarks, trade names, Service marks, trade secrets and other intellectual property rights and any goodwill associated therewith are the exclusive property of Position Tech and its licensors. This includes the Platform’s design, graphics, computer code, “look and feel” and Position Tech’s domain names.

Restrictions. You may not copy, distribute, display or perform publicly, make available to the public or communicate to the public, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Platform or the Service or any part thereof, in any way or by any means.

You may not use any name, mark, logo or domain name that is confusingly similar to our marks, logos and Internet domain names. You must refrain from any action or omission that may dilute or damage our goodwill. You shall not develop any services or products which rely on or make use of the look and feel of our Platform.

Confidentiality. The Service consists of our trade secrets, which include practices, processes, and designs, not generally known or reasonably ascertainable by others by which we obtain an economic advantage over others. You must maintain in confidence information you are exposed to through your use of the Service relating to its operation, functionality, features, designs and business practices. You must do so in a manner no less protective than you use to protect our own similar assets, but in no event less than reasonable care. You must not use or disclose that information for any purpose other than within your utilization of Service.

 

DATA AND PRIVACY OF TRACKED DATA SUBJECTS

The Service gives you access to data such as device location, direction, speed, and location history (the “Data”). You are solely and exclusively responsible for all actions you take in response to the Data. Furthermore, you are solely and exclusively responsible for any Data you derive from the Tracking Device which contains information on or about third parties, whether or not you have obtained their written consent to have the Tracking Device placed on them or within their personal property (such as in their vehicles). We are not responsible or liable for the Data or your reliance upon and use of the Data, your actions in connection with the Data, or any consequences resulting therefrom.

To the extent that the Data is subject to legal protection (such as trade secrets or privacy), then you are responsible for obtaining and maintaining, and shall obtain and maintain, all valid consents, notifications and permissions as may be necessary under applicable law, in order to allow us to lawfully collect, handle, retain, process and use the Data in the manners and for the purposes set forth in these Terms.

You acknowledge and agree that we process the Data for you in order to provide the Service to you. You further acknowledge and agree that we will handle and use (by ourselves or using trusted third-party service providers such as cloud service providers) the Data, as follows:

We may disclose or share the Data, if we are required, or reasonably believe we are required, by law, pursuant to a subpoena, order, or decree, issued by a competent judicial or administrative authority, provided that, to the extent legally permitted, we will endeavor to give you prompt notice of the requirement prior to such disclosure, to allow you, at your cost and expense, to intervene and protect its interests in the Data.

Subject to the foregoing, we will take reasonable precautions to maintain the confidentiality of the Data.

We will periodically delete the Data from the Service, you are responsible for maintaining back-up copies of the Data. The Service does not provide, and is not intended as, data back-up service. 

SUPPORT AND MAINTENANCE

During the Term, we, either directly or with the assistance of third parties, will provide you technical support for technical questions, problems and inquiries regarding the Service, during the business days and hours and through the support channels indicated on our website at www.positiontechgps.com.  

We will attempt to respond to your technical questions, problems and inquiries within a reasonable time. However, we –

For the purpose of providing technical support, you will cooperate, and work closely with us, to reproduce malfunctions, including conducting diagnostic or troubleshooting activities, as we reasonably request.

TERMINATION

Terminating Your Account. You may, at any time, request to terminate your account by contacting us at support@positiontechgps.com Please note that merely uninstalling the smartphone app from your smartphone device won’t delete your account, including all the information associated with it, which remains in our systems.

We may temporarily or permanently limit, block your access to or terminate your user account, if we determine that you breached these Terms.

Upon termination of these Terms or your account, for any reason, your right to use the Service is terminated and you must immediately cease using the Service, and we will not be liable to you for termination of access to the Service.

Operation of the Service. We may at any time discontinue or terminate the operation of the Service, or any part thereof, temporarily or permanently, for all users, or for certain users. If we permanently discontinue or terminate the operation of the Service, not in connection with your breach of these Terms, we will provide you a pro-rated refund for the fees you paid in relation to any remaining portion of your subscription period following such discontinuation or termination.

CHANGES

Changing the Service. We may, at any time and without prior notice change the layout, design, scope or features of the Service, but we will not materially downgrade the Service’s functionalities and features.

Changing these Terms. We may revise these Terms, in whole or in part, at any time by putting you on notice of the amended Terms. Your continued use of the Service after the effective date of the amended Terms constitutes your consent to the amended Terms.

DISCLAIMER OF WARRANTY

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES (THE “STAFF”) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, ITS CONTENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL OR EXPECTED BENEFITS.

WE DO NOT WARRANT THAT (1) THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY; (2) THE SERVICE WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARES, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (3) THE QUALITY OF THE SERVICE WILL MEET YOUR EXPECTATIONS; (4) THE DATA PRESENTED THROUGH THE SERVICE WILL BE ACCURATE, BENEFICIAL OR RELIABLE; (5) THE RESULTS OF THE USE OF THE SERVICE WILL BE SATISFACTORY AND WILL FIT YOUR EXPECTATIONS OR REQUIREMENTS.

NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICE, OR THE CONTENT PRESENTED ON OR THROUGH THE PLATFORM, WHETHER OR NOT MADE BY ANY OF OUR STAFF, WHICH IS NOT EXPRESSLY CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY THE INVOLVED PERSONS FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF OUR STAFF WHATSOEVER.

YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF, SHALL NOT BE LIABLE, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE CONTENT, THE USE OF, OR THE INABILITY TO USE THE SERVICE OR ITS FEATURES, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF, OR FROM YOUR RELIANCE ON DATA AVAILABLE ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR DATA ON THE SERVICE.

IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL, MAXIMUM AND AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES SHALL BE LIMITED TO THE FEES YOU PAID US (IF ANY) IN THE TWELVE MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO THE CLAIM.

NOTHING HEREIN SHALL LIMIT OUR LIABILITY FOR (A) WILLFUL MISCONDUCT, (B) FRAUD OR FRAUDULENT MISREPRESENTATION, OR (C) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE.

You waive and relinquish any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California (or other similar law or rule of another state or jurisdiction) to the full extent necessary to achieve the intention of the foregoing limitations and caps of liability. In furtherance of this intention, the limitations of liability above will be and remain in effect notwithstanding the discovery or existence of any such additional or different claim or fact.

INDEMNIFICATION

To the maximum extent permitted by law, you will indemnify, defend, and hold harmless at your own expense, us, our staff and anyone acting on our behalf, from and against any damages, costs and expenses, resulting from any claim, allegation or demand, connected with your use of the Service, your breach of these Terms or infringement or violation of any other person’s rights (including privacy).

APPLICATION MARKETPLACE

Your use of the Service may be subject to additional third-party terms and conditions that govern that application marketplace from which you downloaded the App, such as AppStore, Google Play or Amazon App-store for Android. Such third parties are not responsible for providing maintenance and support services with respect to the Platform’s smartphone application (“App”).

GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

Regardless of your place of residence or where you access or use the Service from, these Terms and your use of the Service will be governed by and construed solely in accordance with the laws of the State of South Carolina, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of South Carolina.

ANY AND ALL DISPUTES, CLAIMS OR CONTROVERSIES BETWEEN YOU OR YOUR USERS AND POSITION TECH REGARDING THESE TERMS OR THE USE OF THE SERVICE, WHICH ARE NOT AMICABLY RESOLVED, SHALL BE SETTLED THROUGH BINDING ARBITRATION (RATHER THAN IN COURT) BY TELEPHONE, ONLINE OR BASED SOLELY UPON WRITTEN SUBMISSIONS WITHOUT IN-PERSON APPEARANCE, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA), UNDER ITS CONSUMER ARBITRATION RULES (WHICH ARE AVAILABLE AT WWW.ADR.ORG).

JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

PAYMENT OF FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA’S CONSUMER ARBITRATION RULES. THESE FEES WILL BE SHARED AS FOLLOWS: ONE HALF BY YOU AND ONE HALF BY US, UNLESS THE ARBITRATOR: (I) DETERMINES THAT THE CLAIMS ARE FRIVOLOUS, IN WHICH CASE THE CLAIMANT SHALL BEAR ALL SUCH FEES ARISING FROM THE FRIVOLOUS CLAIM; OR (II) DETERMINES THAT THE FEES SHOULD BE ALLOCATED DIFFERENTLY.

YOU AND POSITION TECH HEREBY ACKNOWLEDGE, AGREE AND COVENANT THAT ANY DISPUTES SHALL ONLY BE ADJUDICATED IN ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT IN CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDINGS.

YOU MAY OPT-OUT OF THE ABOVE ARBITRATION CLAUSE BY NOTIFYING POSITION TECH IN WRITING OF YOUR INTENT TO OPT-OUT, WITHIN 21 DAYS OF YOU ENTERING INTO THESE TERMS FOR THE FIRST TIME. POSITION TECH MUST RECEIVE AN OPT-OUT NOTICE THAT IDENTIFIES YOURSELF AND CLEARLY SETS OUT YOUR CHOICE TO OPT OUT OF DISPUTE RESOLUTION BY ARBITRATION. IN CASE OF SUCH OPT-OUT, ANY AND ALL DISPUTES, CLAIMS OR CONTROVERSIES BETWEEN YOU AND US REGARDING THESE TERMS OR THE USE OF THE SERVICE, WHICH ARE NOT AMICABLY RESOLVED, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS IN GREENVILLE COUNTY IN THE STATE OF SOUTH CAROLINA, USA.

THE WRITTEN INTENT TO OPT-OUT MUST BE PROVIDED BY SENDING A LETTER BY U.S MAIL, OR ANY NATIONALLY RECOGNIZED DELIVERY SERVICE TO:

Position Tech LLC

100 Orchard Park Dr #26264

Greenville, SC 29616

 

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, EITHER PARTY MAY FILE: (A) AN IMPLEADER CLAIM AGAINST THE OTHER PARTY IN ANY COURT OF COMPETENT JURISDICTION; (B) IN ANY COURT OF COMPETENT JURISDICTION A CLAIM CONCERNING THE INFRINGEMENT (OR ALLEGED INFRINGEMENT) OF INTELLECTUAL PROPERTY RIGHTS (INCLUDING COPYRIGHTS AND TRADE SECRETS).

 

GENERAL

Assignment. You may not assign or transfer your rights and obligations under these Terms without our prior written consent. Any attempted or actual assignment by you, without our prior written consent, shall be null and void.

Changes in ownership. In the event of a sale, merger, or acquisition, we may, upon notice to you and without obtaining your consent, assign and delegate these Terms, including all of our rights, performances, duties, liabilities and obligations contained herein, to a third party, and we will be released from all rights, performances, duties, liabilities and obligations contained herein.

Severability. If any provision of these Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of these Terms shall continue to remain in full force and effect.

Interpretation. The section headings in these Terms are included for convenience only and shall take no part in the interpretation or construing of these Terms. Whenever used in these Terms, the term “Including”, whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.

Entire agreement. These Terms constitute the entire agreement between you and us concerning the subject matter herein and supersede all prior and contemporaneous negotiations and oral representations, agreements, and statements.

Survival. The following clauses in these Terms will survive any termination or expiration of the Terms: Currency and Taxes; No Refunds; Our Intellectual Property; Restrictions; Confidentiality; Data and Privacy of Tracked Data Subjects; Disclaimer of Warranty; Limitation of Liability; Indemnification; Governing Law, Jurisdiction and Dispute Resolution.

Waivers. Except as indicated in “Changing these Terms” above, no other waiver, concession, extension, representation, alteration, addition, or derogation from these Terms by us, or pursuant to these Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative. Failure on our part to demand performance of any provision in these Terms shall not constitute a waiver of any of our rights under these Terms.

Relationship. These Terms do not create any agency, partnership, employment or fiduciary relationship between you and us.

Effective Date: June 1st, 2021.