Terms & Conditions
Btracking Master Subscription Agreement
This Master Subscription Agreement (“Agreement”) sets forth the legally binding terms and conditions for your use of products and services provided by Nexcelerate, LLC dba Btracking.com and its associated service providers (collectively “Btracking”). By placing an order, making payment, and using Btracking products and services, you, the organization you are associated with or authorized by, and your clients (collectively the “Customer”), agree to be bound by all terms and conditions of use as set forth herein. Btracking may modify this Agreement from time to time by posting them on this website with the revision date. Please check this website regularly to view the current Agreement. If you do not agree to this Agreement at any time, stop using our products and services, and contact us to arrange for the return of devices. Otherwise, your continued use of Btracking products and services constitutes your acceptance of this Agreement.
1. Definitions
“Activation” is the process of initiating and configuring a device, sim activation, testing and otherwise preparing a device for use on the Btracking platform for a specific Customer account. A Fee may be charged for this service.
“Customer Data” is electronic data or information submitted, uploaded, imported or otherwise made available by Customer through the Services.
“Device” is a product provided by Btracking and includes GPS trackers, cameras, wiring, sims, firmware and configuration programming installed onto devices, and associated accessories and other hardware provided in connection with the Services.
“Documentation” is Btracking provided user manuals, installation guides and other instructions for using the Software and Devices, as updated from time to time.
“Fleet Account” is the entirety of Subscriptions the Customer has with Btracking.
“Order Form” is a contract, or a Btracking invoice, and any additional forms signed by both parties on or after the Effective Date that reference this Agreement.
“Purchased Device” is a Device bought and paid for by Customer, and is the property of Customer. Activation is included in the price of a Purchased Device.
“Rental Device” is a Device provided by Btracking under a “No Equipment Fee” or “Free Tracker” Subscription, and is the property of Btracking.
“Services” are the services for the Software and Devices, both Purchased and Rental, provided to Customer by Btracking.
“Software” is a Btracking proprietary GPS fleet tracking and management system of cloud-based software and apps, that will be made available to Customer under this Agreement.
“Subscription” is a period for which Services are provided. Services are made available on a month to month basis unless a longer Subscription Term is indicated in the Order Form.
“Working Condition” of a Device is a Device for which: the enclosure (case) has not been opened, unless Customer has been specifically directed to do so by Btracking; shows no evidence of tampering; for which software has been not been edited or changed in any way other than by Btracking; has not been used for a purpose for which it is not intended or designed; is not damaged.
“Unit” is an item for which Services are provided.
“User” means any individual who, pursuant to the terms of this Agreement, is directly or indirectly authorized by Customer to use the Services, and who has been provided user identifications and passwords.
2. General Terms of Use
Subject to the terms and conditions set forth in this Agreement, Btracking grants Customer a non-exclusive, non-transferable, limited right to access, use and display the data provided by the Services. Btracking hereby authorizes Customer to use the Services only for your commercial use. Customer agrees to comply with all copyright laws worldwide in your use of the Services. Btracking does not grant any express or implied right to Customer under any patents, trademarks, copyrights or trade secret information. No material from Btracking or any Software owned, operated, licensed, or controlled by Btracking or any of its related, affiliated or subsidiary companies may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written permission of Btracking.
If Customer downloads Software from Btracking, and/or data accompanying the Software, the Software, including any files, images incorporated in or generated by the Software, are licensed to Customer by Btracking. Btracking does not transfer title to the Software to Customer. Btracking retains full and complete title to the Software and all intellectual property rights therein.
Btracking is continually updating its Services, adding features, patches, bug fixes and performing other maintenance, and pledges to provide notice where possible of changes that may materially alter the way Customer uses the Services, and Customer agrees to use reasonable efforts to comply with any maintenance requirements that we notify you about. Btracking reserves the right to stop, suspend, or modify the Services at any time without prior notice to Customer.
Btracking does not warranty that the Services are available in Customer’s country. Btracking may restrict access to portions of the Services in certain countries. It is Customer’s responsibility to make sure its use of the Services is legal in Customer’s country. Customer is solely and fully responsible to comply with all applicable privacy and tracking laws and regulations. Customer is solely responsible to obtain consent to tracking where required by the laws of Customer’s jurisdiction. Btracking does not assume any responsibility or liability for Customer’s failure to comply with applicable laws and regulations.
3. Safeguarding Your Account
Customer is responsible for maintaining the security of its accounts. It is Customer’s responsibility to safeguard the login and password that Customer uses to access the Services, Customer agrees not to share any login and password with any third party. Customer is responsible for any activity originating from its account, regardless of whether such activity is authorized by Customer. Notify Btracking immediately of any unauthorized use, actual or suspected, of your account.
4. Information Provided By You
Any personally identifiable information Customer may provide to Btracking via the Services is protected by the Btracking Privacy Policy. Btracking will not lend, sell or otherwise make available, personal information without permission, unless required by law, subpoenas, warrant, or court order. Btracking may disclose personally identifiable information, with or without prior notice to Customer, when Btracking believes that the law requires it, in response to subpoenas, warrant, court order or at the demand of governmental agencies.
5. Correspondence
Btracking maintains and reviews e-mail correspondence that Customer sends to us. Btracking will use (and maintain in a file specific to Customer) the personally identifiable information disclosed in the e-mail. Because such correspondence contains information that is not transmitted through the operation of Btracking Software, it is not subject to the terms of this Privacy Policy.
6. Data and Storage
Btracking servers receive messages from tracked units (GPS trackers and phones with the Btracking phone tracking app installed), and record and store the date, time, location and related data of each message. Data is stored for exclusive use by the Btracking customer account in which the unit resides. Btracking may use this data to evaluate, manage and maintain the performance of its systems, software and hardware only. Btracking does not, and will not, disclose, sell, rent or share any data derived from tracked units with any third parties without written authorization from its customer unless legally required otherwise.
Btracking subscriptions include storage of tracking data for a minimum of twelve (12) months. At customer request and for an additional fee, data may be stored for longer terms.
7. Invoicing, Payment and Late Payments
Customer agrees to pay Btracking for use of the Services including, without limitation, service fees, administration costs incurred by Btracking if Customer account is past due, plus any applicable federal, state, local, provincial or regulatory taxes or surcharges, incurred in connection with the use of the Services.
Payment terms for Customers with monthly billing below $500 per month for 6 consecutive months is on receipt of invoice (i.e., automatic billing) payable by credit card, debit card, ACH or PayPal only. Btracking may consider applications for payment terms for Customers with billing over $500 per month for 6 consecutive months, at the Customer’s request. Granting of payment terms is at the sole discretion of Btracking.
If for any reason Customer’s account is past due Btracking reserves the right to suspend access to the Services until all amounts are paid in full, and generally follows this process:
For Customer accounts 3 business days past due, Help Tickets move to Low Priority (48 hour response).
For Customer accounts 5 business days past due, a $25 late payment fee will be charged; access to Services may be suspended.
For Customer accounts 10 business days past due, Help Tickets are placed On Hold; the late payment fee is $25 or 2% per month of the balance owing until paid, whichever is greater; Access to service will be suspended; Devices may be suspended and a $25/unit reactivation fee may apply. Devices on a Rental Device Subscription (also called a “No Equipment Fee” or “Free Tracker” Subscription) will be charged the Device Buyout Fee, switched to the monthly Purchased Device Subscription, and are considered to have started their last month of service.
For Customer accounts 20 business days past due, Service may be terminated; sim cards in Devices may be terminated; Customer data including tracking history, geofences, reports and other data deleted.
Btracking reserves the right to adjust prices at its discretion and without notice.
Unless other arrangements have been made with us, payment is billed each month for one month of service, and is due on the day of the month corresponding to the day of the month that service began. In general, we invoice customers paying via autopay (credit/debit/PayPal/other instant payment method) on the due date, due on receipt; we invoice customers paying by check or other means 30 days in advance of the due date, unless other arrangements have been made.
8. Subscription Term - Start, Add, Suspend
Subscriptions are Month to Month: Unless otherwise provided in a Contract, Customer will purchase the Services as month to month Subscriptions.
Start of Subscription: Subscription begins on the date Service begins for an initial Unit. If a Device is included with the Subscription, Service begins the day the Device ships.
Adding Units: Customer may add Units to a Subscription at any time. Units active 3 days or moth are considered active for an entire Subscription month. Units active 1 or 2 days in a Subscription month are not billed.
Suspending Devices (available only for Purchased Devices): Customer may suspend a Device by notifying Btracking in writing unless otherwise provided for in a Contract or Fleet Agreement. Customers do not return Purchased Devices to Btracking. If notification is received by Btracking at least 7 days prior to the end of a Subscription term, Device will be suspended for the upcoming Subscription term. If notification is received less than 7 days prior to the end of a Subscription term, Device will be suspended for the next monthly term. A monthly fee for Suspended Devices applies.
Subscription Autorenewal: Subscriptions automatically renew for another monthly Subscription Term 7 days from the end of the current Subscription Term.
Customers on a Contract: Terms of service are provided in the Contract. If renewal or termination terms are not provided in the contract, service will automatically renew at the end of the contract as a Monthly Subscription with monthly rates.
9. Subscription Cancelation
Customer may cancel a Subscription anytime without reason by providing written notice: 1) Send an email to [email protected], or 2) Submit a Help Ticket by using the Help button at the bottom right of each webpage, or 3) Mail to the address shown on your invoice and on the Contact Us page.
If written notice is received by Btracking 7 days or more prior to the end of a Subscription Term: Subscription terminates at the end of the current term.
If written notification is received by Btracking less than 7 days from the end of the current Subscription Term: Subscription terminates at the end of the following monthly term. Customer will be billed immediately for Service through to the termination date for the same number of units active at time of cancelation notice.
Customer account must be paid in full prior to cancelation date otherwise Subscription billing will continue until account is paid in full. Do NOT return any devices purchased from Btracking to us; those will be returned to Customer at Customer’s expense.
Customers with a “No Equipment Fee” or “Free Tracker” Subscription (no longer offered) MUST return the device or pay the device buyout fee:
Return the Device (plus any associated accessories) to Btracking at the mailing address on the Contact Us page on this website. Customer MUST provide tracking number, carrier, package dimensions and weight. Sending a photo of the package with the shipping label clearly visible, and requesting proof of delivery, is highly recommended. Send a Help Ticket or email [email protected] with this information. Returned Device MUST be in Working Condition as defined herein. Upon receipt, Btracking may require up to 10 business days to test and verify the Device is in Working Condition and Customer account is current. Subscription will terminate within 5 business days of verification. Customer will continue to be charged for the Services until termination. Upon termination, Customer’s account will be adjusted as applicable. Unless conditions in this paragraph are satisfied, customer will be charged the current price of the device, and monthly billing will continue until the Buyout Fee is paid. Warranty coverage terminates upon Device buyout.
Pay the Device Buyout Fee. To terminate service in this manner, submit a Help Ticket or email [email protected] with your request. Warranty coverage terminates upon hardware buyout.
At termination, unless otherwise specified in a contract, all tracking history and all Customer data will be deleted. Sim cards installed in GPS tracking hardware will be terminated. If Customer requests to use its Purchase Devices with another provider, Btracking will attempt to facilitate transfer to the other provider as long as the Customer’s account is fully paid and in good standing. Btracking will charge a fee for this service.
Customers on a Contract
Cancelation terms are detailed in the Contract.
10. Conditions Under Which Btracking May Terminate Service
Btracking may immediately terminate Service and this Master Subscription Agreement if:
1) Customer fails to comply in full with any term of this Agreement
2) In Btracking’s sole opinion, Customer may be in non-compliance with any applicable privacy and/or tracking laws and regulations
3) Customer opens or tampers with devices unless specifically directed or authorized to do so by Btracking
4) Customer edits or changes software or configurations in any way unless specifically authorized or directed to do so by Btracking
5) Customer uses devices or Service for a purpose for which it is not intended or designed
Btracking may terminate Service and this Master Subscription Agreement for any other reason upon thirty (30) days’ notice to Customer.
In the event Btracking terminates Service for any reason other than Customer’s violation of this Agreement, any fees and charges will accrue through the date of termination but any prepaid monies for Service not rendered will be refunded (less any outstanding amounts due).
11. Lifetime Warranty
This Master Subscription Agreement includes and encompasses the Lifetime Warranty found on this website. Devices covered by the Lifetime Warranty require that the Customer continuously maintain a Subscription for the Device with Btracking. Once a Subscription ends, the Lifetime Warranty ends.
To qualify for warranty service, send a Help Ticket (see Contact Us page) with an explanation of the issue for approval. Send the devices to Btracking at the address on the Contact Us page within 30 days of receiving written approval from Btracking. Customer is responsible for shipping costs to Btracking. Btracking will repair or replace at its discretion a Device covered under warranty and will cover return shipping. If a Device returned to Btracking is found to be functioning properly, Customer may be charged a $25 inspection fee plus return shipping.
12. Indemnification
Customer agrees to indemnify and hold Btracking and its subsidiaries, affiliates, telecommunications providers, service providers, officers, employees, and agents harmless from any claim, liability, loss, expense, or demand, including attorneys’ fees, related to a user’s violation of the terms and conditions or the use of the services and information provided at this web site. Use of Btracking is for lawful, internal purposes only. You agree that the client software may send your known location to the Btracking server. You are solely responsible for your conduct with respect to any Information, including without limitation your conduct in creating, storing, transmitting, disseminating, accessing, receiving, or using any information.
13. System Abuse Policy
System abuse is strictly prohibited. Btracking may terminate or modify Service immediately if the Customer or its clients engages in system abuse. System abuse includes, but is not limited to, attempting to circumvent user authentication or security of any host, network, account, or the internet at large; attempting, in any way, to interfere with or deny service to any User or Btracking servers, or any host on the internet; attempting to reverse engineer, de-compile, or disassemble any Btracking software; any other activity or activities that Btracking in its sole discretion determines is unethical or damaging to its customers, users of the internet, or Btracking’s network.
Btracking reserves the right, in its sole discretion, to restrict, suspend or terminate Customer access to all or any part of the Services, at any time, including, without limitation, for overuse or abuse, without prior notice or liability.
14. Disclaimer of Warranties
Services are provided by Btracking on an ‘as is’ basis. Btracking, its partners, providers, and affiliates, make no representations or warranties of any kind, express or implied, as to the operation of the Services, its contents, or any information made available by or through the Services. Btracking disclaims all warranties, expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or any infringement. Although Btracking makes every reasonable effort to ensure Service availability, security and data accuracy, Btracking does not warrant that the Services will be uninterrupted, available at any time or from any location, secured, and error-free. The burden of determining the accuracy, timeliness, completeness or appropriateness of use rests solely on the Customer.
15. Limitation of Liability
IN NO EVENT WILL BTRACKING, ITS SUPPLIERS, ITS SERVICE PROVIDERS, OR OTHER THIRD PARTY AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO: DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES; ANY WEB SITES LINKED TO THE SOFTWARE, THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES; CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION THOSE DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION; AGGREGATE LIABILITY OF BTRACKING OR ANY OF ITS SUPPLIERS, SERVICE PROVIDERS, OR THIRD PARTY AFFILIATES. IN NO EVENT SHALL BTRACKING BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, AND EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM THE USE OR PERFORMANCE OF THE SERVICES OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THE SOFTWARE, EVEN IF BTRACKING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICES, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO STOP USING THE SERVICES.
Latest Update: October 3, 2024
