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These terms and conditions (collectively the "Terms" or the "Agreement") govern the use of our website http://gps-trace.com/ and any related to GPS Trace Platform services or applications owned, controlled, or offered by GURTAM (collectively the "Service(s)"). This Agreement applies to all visitors, users, and others who access any or all of the Service (hereinafter "User" or "Users"). GURTAM and User may individually be referred to as the "Party" or collectively as the "Parties". Please review the following Terms carefully.  By accessing or using the Service, User signify its agreement to these Terms of Use.  If User does not agree to these Terms of Use, User may not access or use the Service.  

  1. OVERVIEW OF GURTAM SERVICE AND UPDATES

Accessing our Service. By accessing or using the Service, whether or not User registers to use the Service, User, and the institution User represents, agree to be bound by these Terms of Use, and to the collection, use and disclosure of User’s information as set forth in our Data Protection Agreement. Furthermore, User represents and warrant that User has the authority or have received approval to bind User’s institution. User may use the Service only in compliance with this Agreement and all applicable laws and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. 

Updating the Terms. GURTAM may, in its sole discretion, modify or update this Agreement from time to time, and so User should review this page periodically. When GURTAM changes the Agreement, it will update the 'last modified' date at the top of this page. Furthermore, GURTAM will endeavor to provide notice reasonably calculated to provide notice to User of the change. If there are material changes to this Agreement, GURTAM will notify User either by prominently posting a notice of such changes or by directly sending User a notification. Notwithstanding the foregoing, User’s continued use of the Service after any such change constitutes its acceptance of the new Terms of Use. If User does not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.   

  1. USE OF SERVICES

Scope of Service. Each User has the right and ability to connect and track up to 5 units per account: 1 car + 4 personal trackers or smartphones.

Each User can create up to 20 notifications and 15 geofences per account and use them for its own purposes.

Messages from units are stored 30 days on the server.

Accounts are not deleted upon request, they are deleted automatically after 90 days of non-use (the last log in).

The units having not transmitted data for more than 45 days will be deleted automatically.

Accounts. Your GPS Trace account gives User access to the Service and functionality offered by GURTAM. Users account is not transferable, and User may never use another User’s account without express written consent. When creating User’s account, User must provide accurate and complete information. User is solely responsible for the activity that occurs on its account, and it must keep its account password secure. User must notify GURTAM immediately of any breach of security or unauthorized use of User’s account. GURTAM will not be liable for any losses caused by any unauthorized use of User’s account.

Account Settings; Use of e-mail address. User may control their User profile and how User interact with the Service by changing the settings. By providing GURTAM User’s email address, User consent to GURTAM using the email address to send User any information deemed necessary by GURTAM, including any notices required by law, in lieu of communication by postal mail.

  1. GURTAM CONTENT

GURTAM Content. Except for User’s content posted by User on the Service, User agrees that the Service and all software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs and other content within the Service and all intellectual property rights in the foregoing are the exclusive property of GURTAM and its licensors. Except as expressly provided herein, nothing in these Terms shall be deemed to create a license to GURTAM Content. Use of the GURTAM Content for any purpose not expressly permitted by these Terms is strictly prohibited.

Our license to User. Subject to the terms and conditions of these Terms, GURTAM grants User a limited, non-transferable, and revocable license to use the Service, including accessing and viewing GURTAM Content, as expressly permitted by the features of the Service. GURTAM may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted herein, GURTAM reserves all other rights and no other rights are granted by implication or otherwise.   

  1. SERVICE ACCESS

Restrictions on Use. User agree that User will not use any robot, spider, scraper or other automated means to access the Service for any purpose without our express written permission. Additionally, User agree that it will not engage in any of the following prohibited activities: (a) take any action that imposes or may impose (in GURTAM’s sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content User have submitted to the Service) from the Service, any software code that is part of the Service, or any services that are offered on the Service without our express written permission; (c) interfere or attempt to interfere with the proper operation of the Service or any activities conducted on the Service; (d) bypass any measures GURTAM may use to prevent or restrict access to the Service or any subparts of the Service including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (e) transmit spam, chain letters, or other unsolicited communications; (f) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (g) upload invalid data, viruses, worms, or other software agents through or to the Service; (h) collect or harvest any personally identifiable information, including account names, from the Service; (i) access any content on the Service through any technology or means other than those provided or authorized by the Service; (j) impersonate another person or otherwise misrepresent User’s affiliation with a person or entity, (k) conduct fraud, (l) hide or attempt to hide User’s identity; (m) directly or indirectly, advertise or promote another website, product, or service or solicit other Users for other websites, products or services.

Changes, Termination, and Suspension. GURTAM may, without prior notice, change the Service; stop providing the Service or features of the Service, to User or to Users generally; or create usage limits for the Service. At its sole discretion, GURTAM may permanently or temporarily terminate or suspend User’s access to the Service without notice and liability for any reason, including if in our sole determination User has violated any provision of these Terms, or for no reason. Upon termination for any reason or no reason, User continues to be bound by this Agreement, and any Terms of this Agreement, which by their nature should survive termination, shall do so.  

  1. THIRD PARTY LINKS

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by GURTAM. GURTAM does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If User accesses a third-party website from the Service, User do so at its own risk, and User understands that neither this Agreement nor GURTAM’s Data Protection Agreement apply to User’s use of such sites.

  1. WARRANTY DISCLAIMER

THE SERVICE IS PROVIDED BY GURTAM ON AN "AS IS," "AS AVAILABLE" BASIS, AND WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER ARISING OUT OF STATUTE, IN LAW OR FROM A COURSE OF DEALING. GURTAM MAKES NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE SERVICE BY ANY THIRD PARTY. 

  1. LIMITATION OF LIABILITY

IN NO EVENT SHALL GURTAM OR ITS LICENSORS OR ANY THIRD-PARTY BE LIABLE TO USER OR ANY OTHER USER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

The Service is controlled and operated from its facilities in Lithuania. GURTAM makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Lithuaniaand local laws and regulations, including but not limited to export and import regulations. User may not use the Service if User is a resident of a country embargoed by Lithuania, or are a foreign person or entity blocked or denied by Lithuaniagovernment.  

  1. NOTIFICATION PROCEDURES

Unless otherwise expressly stated in these Terms, GURTAM may provide notifications to User via email, written or hard copy notice, or through posting of such notice on http://gps-trace.com/ whether such notifications are required by law or are for marketing or other business related purposes, as determined by GURTAM in our sole discretion. GURTAM reserves the right to determine the form and means of providing notifications to our Users, provided, that User may opt out of certain means of notification by contacting GURTAM via the notification Users received. GURTAM is not responsible for any automatic filtering User or User network provider may apply to email notifications we send to the email address User provide GURTAM.