Terms & Conditions

This User Agreement sets forth the legally binding terms and conditions for your use of the Btracking GPS Tracking Site (the "Site") and associated Services (the "Services") provided by Nexcelerate, LLC dba Btracking.com ("Btracking"). By using the Site and Services, you agree to be bound by all terms and conditions of use as set forth herein. Btracking may modify these Terms of Use from time to time by posting them on this website with the revision date. Please check the Site regularly to view our current Terms of Service. If you do not agree to any change(s), stop using the Site or Services. Otherwise, your continued use of the Site or Services constitutes your acceptance of such change(s).

General Terms of Use

Subject to the terms and conditions set forth in this Agreement, Btracking grants you a non-exclusive, non-transferable, limited right to access, use and display the data provided by the Site or Services. Btracking hereby authorizes you to view and use the Site and Services only for your commercial use. You agree to comply with all copyright laws worldwide in your use of the Site and Services. Btracking does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information. No material from Btracking or any Website 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 you download software from Btracking, and/or data accompanying the software (collectively, the "Software"), the Software, including any files, images incorporated in or generated by the Software, are licensed to you by Btracking. Btracking does not transfer title to the Software to you. Btracking retains full and complete title to the Software and all intellectual property rights therein.

Btracking is continually updating the Site and associated Services, adding features, patches, bug fixes and performing other Site maintenance, and pledges to provide notice where possible of changes that may materially alter the way you use the Site or Services, and you agree 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 Site or Services at any time without prior notice to you.

Btracking does not warranty that the Site or Services are available in your country. We may restrict access to portions of the Site and Services in certain countries. It is your responsibility to make sure your use of the Site and Services is legal in your country. You are solely and fully responsible to comply with all applicable privacy and tracking laws and regulations. You are solely responsible to obtain consent to tracking where required by the laws of your jurisdiction. Btracking does not assume any responsibility or liability for your failure to comply with applicable laws and regulations.

Safeguarding Your Account

You are responsible for maintaining the security of your account on the Site. It is your responsibility to safeguard the login and password that you use to access the Site and Services and you agree not to share your login and password with any third party. You are responsible for any activity originating from your account, regardless of whether such activity is authorized by you. Notify Btracking immediately of any unauthorized use, actual or suspected, of your account.

Information Provided By You

Any personally identifiable information you may provide to Btracking via the Site is protected by the Btracking Privacy Policy. Btracking will not lend, sell or otherwise make available, your personal information without your permission, unless required by law, subpoenas, warrant, or court order. Btracking may disclose personally identifiable information, with or without prior notice to you, when Btracking believes that the law requires it, in response to subpoenas, warrant, court order or at the demand of governmental agencies.

Log Files

We review data and information contained in log files located on our web server, which record the date and time of each visit to the Site, the user's IP (internet protocol) address, the referring IP address or domain (the prior web site visited), and the files viewed on our Site (including HTML pages, graphics, etc.). We use log file information to analyze data in the aggregate to determine the trends and usage of our site. We do not, and will not, disclose, sell, rent or share any information derived from log files with any third parties.

Invoicing, Payment and Late Payments

You agree to pay Btracking for use of the Site, Services, and Products, including, without limitation, service fees, administration costs incurred by Btracking if your account is past due, plus any applicable federal, state, local, provincial or regulatory taxes or surcharges, incurred in connection with the use of the Site, Services or Products.

Payment terms for customers with monthly billing below $700 per month for 6 consecutive months is on receipt of invoice (i.e., autobilling) by credit card, debit card or PayPal only. Btracking may consider applications for payment terms for customers with billing over $700 per month for 6 consecutive months, at the customer's request. Granting of payment terms is at the sole discretion of Btracking.

For customers with payment terms and customer without payment terms whose payment method was not accepted for payment:

If payment is not received within 3 business days of the due date: Help Tickets will move to Low Priority (48 hour response); a $25 late payment fee will be charged; access to your account may be blocked.

If payment is not received within 10 business days of the due date: Help Tickets will be placed On Hold; the late payment fee changes to $25 or 2% per month of the balance owing until paid, whichever is greater; GPS Tracking Hardware may be suspended and a $25/unit reactivation fee may apply.

If payment is not received within 20 business days of the due date: service may be terminated; sim cards in GPS Tracking Hardware may be terminated, configurations removed from hardware, customer data including all tracking history, geofences, reports and other data deleted.

Customers on a Free Tracker Plan must pay on the invoice date by credit card, debit card or PayPal only regardless of account size. Customers on a Free Tracker Plan who do not pay within 3 business days of the invoice date will be charged the tracker buyout fee, switched to the monthly plan for purchased trackers, and are considered to have started their last month of service. (Customers on a Free Tracker Plan pay for the last month of service when starting the plan).

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.

Service Term

For 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 Service Agreement with monthly rates.

Customers not covered by a Contract agree to the Monthly Service Agreement terms described herein upon our receipt of your first payment. Monthly Service continues on a month to month basis until terminated by the Customer per the Termination Process herein, by Btracking, or until superseded by a Contract or revised Monthly Service Agreement terms.

Termination Process & Cancellation Policy

For customers on a Contract: Termination terms are detailed in your Contract.

For Customers on Monthly Service (no Contract): Service may be terminated by you, without reason, by providing 30 days' written notice by i) email to accountservices@btracking.com, or by ii) submitting a Help Ticket using the Help button at the bottom right of each webpage, or by iii) mail to the address shown on each invoice and on the Contact Us page on this website. You will be billed at time of cancellation for a final 30 days, less the pro-rated amount remaining from the prior month's payment, if any. Service will be available throughout the final 30 days.

For Customers on a Free Tracker Plan: Service may be terminated anytime by one of two ways: 1) Return the hardware or 2) Pay the Hardware Buyout Fee. The process is as follows:

1) Return the hardware (i.e., GPS trackers plus any peripheral equipment) to the mailing address on the Contact Us page: i) You MUST provide the tracking number, carrier, package dimensions and weight. Sending us 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 accountservices@btracking.com with this information. ii) Returned hardware MUST: be undamaged; the enclosure case unopened; the sim card included; and hardware MUST be in proper working order. Btracking requires 10 business days to test and verify the condition of returned hardware. Unless conditions i) and ii) are satisfied, the Hardware Buyout Fee of $99 per tracker will be charged. Warranty coverage terminates upon hardware buyout.

2) Pay the Hardware Buyout Fee of $99 per tracker. To terminate service in this manner, submit a help ticket or email accountservices@btracking.com 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. GPS Tracking Hardware purchased by the Customer is the property of the Customer and is not returnable nor refundable unless arrangement has been made with and agreed to by Btracking in writing. If the customer requests to its use GPS Tracking Hardware 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.

Btracking may terminate Service (i) at any time without prior notice if you fail to comply in full with any term of this Agreement; we also reserve the right to immediately terminate or refuse use of the Site or associated Services if, in our sole opinion, you may be in non-compliance with any applicable privacy and/or tracking laws and regulations; (ii) for any other reason upon thirty (30) days' notice to you. In the event Btracking terminates Service for any reason other than your 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).

Lifetime GPS Tracker Warranty

GPS Trackers covered by the Lifetime Warranty require that the Customer continuously maintain a GPS Tracking Subscription Service with Btracking. Once a GPS Tracking Subscription ends, the Lifetime Tracker Warranty ends. GPS Trackers are warrantied against defects that prevent the device from reporting positions. The warranty does NOT cover trackers damaged in service or tampered with (case opened, etc.). GPS Trackers not functioning MUST be received by Btracking within 30 days of the Customer receiving a notice that the device has stopped sending positions. The Customer is responsible for shipping costs to Btracking. Btracking will repair or replace at its discretion a GPS tracker covered under warranty and will cover return shipping. If a tracker returned to Btracking is found to be functioning properly, the Customer will be charged a $20 inspection fee plus return shipping cost.

Indemnification

You agree 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.

System Abuse Policy

System abuse is strictly prohibited. Btracking may terminate or modify service immediately if the client 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 our customers, users of the internet, or Btracking's network.

Btracking reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site or Services, at any time, including, without limitation, for overuse or abuse, without prior notice or liability.

Disclaimer of Warranties

The Site and 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 Site, its contents, or any information made available by or through the Site or 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 Site and Service availability, security and data accuracy, Btracking does not warrant that the Site or 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 you, the user.

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 SITE OR SERVICES; ANY WEB SITES LINKED TO THE SITE, 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 SITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THE SITE, EVEN IF BTRACKING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE OR SERVICES, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO STOP USING THE SITE AND SERVICES.

This Update Posted March 28, 2023