Terms of Service

Introduction

These Terms of Service ("Terms") govern your access to and use of the ProTracs.io website and IoT tracking and monitoring services (collectively, the "Services") provided by ProTracs Limited ("ProTracs," "we," "us," or "our"), a company registered in Ireland (Company Number: 755105).

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

1. Acceptance of Terms

By creating an account, accessing our website, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional terms and conditions that may apply to specific services or features.

2. Use of Services

2.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use our Services. By using the Services, you represent and warrant that you meet these requirements.

2.2 Account Registration

To access certain features of the Services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

2.3 Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any way that violates applicable laws or regulations
• Engage in any activity that could harm, disable, or impair the Services
• Attempt to gain unauthorized access to any part of the Services
• Use automated systems (bots, scrapers) without our prior written consent
• Interfere with or disrupt the integrity or performance of the Services
• Use the Services to track individuals without their consent or legal authority

3. Service Description

ProTracs provides IoT-based tracking and monitoring solutions, including but not limited to:

• GPS tracking for vehicles, assets, and equipment
• Environmental monitoring (temperature, humidity, shock, etc.)
• Security and access control systems
• Data analytics and reporting
• Custom IoT development services

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.

4. Payment Terms

4.1 Fees and Billing

Certain Services require payment of fees. You agree to pay all applicable fees as described in your service agreement or on our website. All fees are non-refundable unless otherwise stated.

4.2 Subscription Services

For subscription-based services, you authorize us to charge your chosen payment method on a recurring basis until you cancel the subscription. Subscriptions automatically renew unless cancelled before the next billing cycle.

4.3 Price Changes

We reserve the right to change our pricing at any time. We will provide at least 30 days' notice of any price increases for existing customers.

4.4 Taxes

All fees are exclusive of applicable taxes (including VAT), which you are responsible for paying unless you provide a valid tax exemption certificate.

5. Intellectual Property Rights

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, software, and data, are owned by ProTracs or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Services for your internal business purposes. You may not copy, modify, distribute, sell, or lease any part of our Services without our prior written consent.

6. Data and Privacy

Our collection, use, and protection of your personal data is governed by our Privacy Policy. By using the Services, you consent to our data practices as described in the Privacy Policy.

You retain ownership of any data you upload to or generate through the Services ("Customer Data"). You grant us a license to use Customer Data solely for the purpose of providing and improving the Services.

You are responsible for ensuring that your use of the Services and collection of tracking data complies with all applicable privacy and data protection laws, including obtaining necessary consents.

7. Service Level and Support

We strive to provide reliable and high-quality Services. However, we do not guarantee uninterrupted or error-free service. Service levels and support terms are outlined in your specific service agreement.

We may perform scheduled maintenance or emergency maintenance that may temporarily affect service availability. We will endeavor to provide advance notice of scheduled maintenance.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROTRACS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

9. Warranties and Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, secure, or error-free, or that any defects will be corrected. You use the Services at your own risk.

10. Indemnification

You agree to indemnify, defend, and hold harmless ProTracs, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in connection with:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations

11. Termination

You may terminate your account at any time by contacting us at hello@protracs.io. We may suspend or terminate your access to the Services at any time, with or without cause or notice, if we believe you have violated these Terms.

Upon termination, your right to use the Services will immediately cease. We may delete your account and Customer Data, though we may retain certain information as required by law or for legitimate business purposes.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions.

Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Ireland.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes your acceptance of the modified Terms.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and ProTracs regarding the Services.

14.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your rights and obligations under these Terms without our prior written consent. We may assign these Terms without restriction.

15. Contact Us

If you have any questions about these Terms of Service, please contact us: