By using the TrackMais mobile and / or web applications (including all updates and upgrades, referred to as the "Application"), you are agreeing to be bound by the terms and conditions that appear in this end user license agreement below (the "License").

Introduction

References to " TrackMais ", "we" and "us" refer to TrackMais and TrackMais Incorporated and include our affiliates. The Applications are owned by TrackMais. You are permitted to use the Applications under license from us subject to compliance with these terms and conditions of use. The Applications may also include materials owned by third parties by virtue of a license, grant or some other form of agreement between the third party and TrackMais.

Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

• Permission is granted to temporarily download one copy of the materials (information or software) on TrackMais website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
  
  

  I) modify or copy the materials;
  II) use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  III) attempt to decompile or reverse engineer any software contained on TrackMais web site;
  IV) remove any copyright or other proprietary notations from the materials; or
  V) transfer the materials to another person or "mirror" the materials on any other server.
  

• This license shall automatically terminate if you violate any of these restrictions and may be terminated by TrackMais at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Acceptable Use of Applications

The use of mobile devices while operating motor vehicles is subject to generally applicable laws governing transportation, occupational health and safety, and other rules and regulations, and may result in charges, citations, fines or other legal proceedings. Such use may also expose you to risk of accidents or death. The Applications should not be used while operating a vehicle. We do not assume any liability or responsibility under this License or otherwise for any damages, losses or other claims resulting from use of the Applications while driving a vehicle.

Acknowledgement and Acceptance of Location Based Services and Information

By accepting this License, you acknowledge and consent to the creation of GPS location information in the Applications through interaction between mobile devices where our Applications are installed, our servers, and third party applications and systems. We will use reasonable commercial efforts to ensure the accuracy of GPS and other location based displays. However, since we are dependent on third party hardware, software and services inputs we assume no liability or responsibility in the event of inaccuracies in such information. Access to this information and / or functionality based on such data is available to the user,account owner and TrackMais Such information is currently collected for services to users and account owners that require the information and for our maintenance and support of the Applications and these services. While we use reasonable commercial efforts to safeguard such information, we assume no liability or responsibility for losses resulting from illegal or fraudulent access to this information. We also reserve the right to make such information available to auditors, police and other governmental agencies as permitted or required by law, and to provide such information to third parties, whether or not for compensation, in conjunction with commercial agreements between us and them, provided that we shall take appropriate steps we believe are necessary and commercially reasonable to safeguard the privacy of our users and account owners. If you have any questions concerning our data collection and usage policies, please contact customer service before accepting this License.

Mobile Network Charges and Fees

TrackMais is not responsible for your mobile phone or the mobile network which are each provided by your mobile network provider under your separate contracts with them. Your mobile network provider will charge you for the data services you use to access the Applications. TrackMais is not responsible for these data services which are provided to you by your mobile network provider. Your mobile network provider may also have a fair use policy which will apply to your use of the Applications. You should contact your mobile network provider to find out about these charges and any fair use policy before using the Applications. Your mobile network provider may also charge you roaming charges if you access the Applications outside of the country in which your mobile handset is registered.

Trademarks and Logos

TrackMais and the TrackMais logo are trademarks of TrackMais Incorporated. These trademarks together with any other owned by TrackMais may not be reproduced, used, modified or distributed without prior permission.

Disclaimer of Warranties and Liability

While TrackMais does its best to ensure the optimum performance of the Applications, you agree that you use the Applications and rely on content contained in the Applications at your own risk. TrackMais may suspend the availability of the Applications at any time to update the Applications or for any other technical reasons.

No Warranties

TrackMais does not give any warranties in respect of the network, content, software or services used in conjunction with the Applications. In particular, the Applications are provided on an "as is", "with all faults" and "as available" basis, with no representation as to accuracy, availability or usability.

To the extent allowed by applicable law, TrackMais hereby disclaims all warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of merchantability or of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy, timeliness, completeness, performance, lack or negligence or of workmanlike effort. Additionally, TrackMais makes no warranty that the Applications are free from infection by viruses or anything else that has contaminating or destructive properties.

No Incidental or Consequential Damages

To the full extent allowed by applicable law, you agree that TrackMais will not be liable to you and / or any third party for any consequential or incidental damages (including but not limited to lost profits, loss of privacy or for failure to meet any duty including but not limited to any duty of good faith, lack or negligence or lack of workmanlike effort) or for any other indirect, special, or punitive damages whatsoever that arise out of or are related to the Applications or their content or to any breach of the terms of this License by TrackMais, even if TrackMais has been advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict liability.

Limitation on Damages; Exclusive Remedies

You agree that your only recovery for any damages that you incur, and your exclusive remedy, shall be limited to the direct damages you actually incur in reasonable reliance on the Applications up to a limit of the following, at TrackMais election: (1) a refund of the amount you paid to TrackMais (if any) in total during the month in which the damage is first incurred, less any reasonable allowance for complying services, or (2) correction or replacement of the Applications. All limitations will apply to all legal and equitable theories.

Indemnity

You agree to indemnify and hold TrackMais (including its affiliates, and their respective directors, officers, agents, employees, partners and other licensees) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Applications, your connection to the Applications, your violation of this License, or your violation of any rights of another.

Advertising and Sponsorship agreements

The Applications may contain, incorporate or integrate with external providers of advertising, sponsorship and other digital media assets. The providers and publishers of such content are responsible for ensuring that material submitted for inclusion on the network complies with international and national law. TrackMais will not be responsible to you or any other person for any claim relating to the content of or for any error or inaccuracy in any digital material displayed within or in association with the Applications.

Termination

TrackMais reserves the right to immediately terminate your use of, or access to, the Applications at any time.

Changes to License

Due to its policy of updating and improving the Applications, TrackMais may wish to change these terms (including those relating to your use of the content). TrackMais reserves the right to modify these terms through the update of the License without notice at any time. It is therefore important that you read this document regularly to ensure you are updated as to any changes. To the extent that such changes are reflected in any modification to the License published with any upgrade or update to the Applications you will be deemed to have accepted these modified terms at the time of acceptance and use of such update or upgrade to the Applications.

Country of Jurisdiction

This License will be governed by State Illinois law. You irrevocably attorn to the jurisdiction of the courts of Illinois USA and acknowledge their exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with this License or the legal relationship established between us by it.

Other Clauses

In accepting and using the subscription, you also agree that you will not (a) send or otherwise post unauthorized commercial communications (such as spam); (b) collect users' content or information, or otherwise access the Applications, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission; (c) engage in unlawful multi-level marketing, such as a pyramid scheme, on the Applications; (d) upload viruses or other malicious code; (e) solicit login information or access an account belonging to someone else; (f) bully, intimidate, or harass any user; (g) post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence; (h) violate our guidelines and all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes ("promotion") on the Applications; (i) use the Applications to do anything unlawful, misleading, malicious, or discriminatory; (j) do anything that could disable, overburden, or impair the proper working of the Applications, such as a denial of service attack; (k) reverse-engineer, replicate, copy or otherwise misappropriate the application or the service, whether or not for value or gain, or attempt to do so; (l) facilitate or encourage any violations of these terms of use by any other person.

General

You may not assign, sub-license or otherwise transfer any of your rights under this License or your rights to access and use the Applications.If any provision of this License is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of this License, which shall remain in full force and effect. Any waiver of the provisions of this License by TrackMais must be in writing. Failure by either party to exercise any right or remedy under this License does not constitute a waiver of that right or remedy. Headings in these terms are for convenience only and will have no legal meaning or effect.