General terms and conditions

der IT-TECH-GROUP Inc., 1110 SW 28th Street, Cape Coral, FL 33914
(last update: 2017-10-09)

These Terms of Services together with the Agreement a legal contract together with that governs your use of the gps365 Website, applications, Data, Software and Equipment (including all actual plans) made available to you (the user purchaser of the device that works in conjunction with our website and the services associated with the “Services” and the Company that sold the Device to you by gps365 in connection with your use of gps365. This contract also applies to any Devices and/or Service made, sold or provided by gps365.

  1. Definitions

    1. “Data” shall mean any and all data collected, compiled, arranged, generated or developed by the Equipment or the Software
    2. “Device” shall mean the telematic device that is installed in each Contract Vehicle.
    3. “Service” means the service offerings and shall mean the Internet-enabled fleet tracking and information system which enables your Product to transmit data to and from our servers, for which you will be charged a monthly (or annual) fee powered by a Provider and made available to you.
    4. “Website” means and all of the content contained therein.
    5. “Software” means the software contained within Devices.
    6. “Your Content” means Content that you submit or transmit to or through the Costumer or Websites, including location data from your device as well as any message you may post on or through the websites or information that you display as part of your account profile.
    7. “Acceptance of Terms and Conditions” read this agreement carefully because it is effective when you have a Device installed and activated for use; log onto or using our website; you signing below; use our Service; accept at any time, any of the benefits of the Services. This Agreement is not intended to give anyone else a right remedy, or claim of any kind against you or us. Note: Your Device is covered by a Limited Product Warranty that is separate from this Agreement. SUBJECT ONLY TO THE LIMITATIONS IMPOSED UPON US BY OUR SERVICE PROVIDERS OR APPLICABLE LAW, WE HAVE THE RIGHT, AT OUR SOLE DISCRETION TO MODIFY THIS AGREEMENT AND THE SERVICES AT ANY TIME, WHICH INCLUDES (WITHOUT LIMITATION) THE RIGHT TO SUSPEND THE SERVICES, CHANGES TO THE AGREEMENT WILL BE POSTED ON OUR WEBSITE, WHICH YOU AGREE TO VISIT REGULARLY, OR MAY BE SENT TO YOU VIA POSTAL MAIL OR E-MAIL. YOUR CONTINUED ACCESS OF OUR WEBSITE AND USE OF THE SERVICES FOLLOWING POSTED NOTICES OF CHANGES MEANS THAT YOU HAVE ACCEPTED AND ARE BOUND BY THOSE CHANGES. These Conditions and Terms are an ongoing legal contract between you individually, or if you are authorized to acquire the Devices on behalf of your company between the entity for whose benefit you act and gps365 and apply to your use of your Device and our Websites.
  2. Description of services

    For each Contract Device which is executed by both parties, gps365 shall provide gps365 Services, including but not limited to the Materials necessary for your use of the Services. The Service include using our Website, located your vehicle and make some reports.

  3. Software, equipment and other requirements

    Software enables your device to function properly. The Software is licensed, not sold or given, to you by gps365 for use only under the terms of this License, and gps365 reserves all rights not expressly granted to costumer/you. We do not warrant that defects in the Software will be corrected.

  4. Device and account termination

    We can, without notice, limit, suspend or terminate your Device’ functionality, at any time, with or without cause.

  5. Account

    You need to create an account and provide information about yourself in order to use some of the features on the Websites. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

  6. Payment terms, taxes

    Costumer pay for the Services by a valid credit or debit card or such other method as we expressly approve without deduction, setoff, recoupment or counterclaim. If you give us a credit or debit card number, you are authorizing us to charge it for the Services and all amounts due under this Agreement without further notice to you. If your credit or debit card provider refuses a charge, the Services can be terminated or suspended without notice. You agree that we may not recognize any restrictive language that may be included with or on any method of payment, including the use on checks of statement payment in full. All return checks are subject to our then-current check return charge. You assume exclusive liability for any and all taxes, tariffs, fees, duties, withholdings or like charges whether domestic or foreign now imposed or hereafter becoming effective related to the Services or your Device or its components (other than those based on our net income) including, without limitation, all federal, provincial, state and local taxes, as well as all value-added, goods and services, stamp documentary, excise and property taxes and duties. Payments not received within 10 days of any applicable due date are past due and we, in our sole discretion, may apply a late monthly charge of 1,5 % per month on the unpaid balance.

  7. Termination of the services

    The Services may be terminated or suspended if the availability of communication services used by us ends (for example, as a result of the discontinuance of service by a cellular telecommunications carrier) or is interrupted (for example, as a result of telephone/telecommunications network or internet congestion) or should any other circumstance arise or omission occur related to maintaining, repairing, or improving our network. Customer shall have the right to transfer the gps365 Device from a Contract Vehicle to another Contract Vehicle to satisfy the Initial Required Term. The Contract begins when the Customer has received the Device for installation and all information from the website to make the login.

  8. Return policy

    Devices purchased directly from gps365 in the event that you are not completely satisfied with your Device, you may return the device to us within 30 days from the date of record of your purchase for a refund, subject to the conditions and terms below. (the “Standard Return Period) The Device have to return in its original packaging and with all accessories included with it. The Device must be in original condition also the accessories. You must include an original bill/receipt as proof of your purchase. We must receive your returned device within forty (40) days of the date of purchase. gps365 will refund the purchase price minus shipping, handling and one month of Service if the device was activated for devices that satisfy the conditions and terms herein and are returned within the Standard return period. We recommend you make a copy of your sales receipt. We also recommend you send all returns in such a manner that their delivery can be verified and tracked. Devices purchased from an authorized dealer from gps365 – the return of a device purchased from an authorized dealer shall be governed by the dealer’s return policy provided, however; gps365 shall not be obligated to honor any return policy terms which are broader or more lenient than its own. Therefore, your return privileges can never be greater than those extended to you directly by gps365. “VERY IMPORTANT” RETURNING YOUR DEVICE WILL NOT AUTOMATICALLY DEACTIVATE YOUR ACCOUNT, YOU MUST DEACTIVATE YOUR ACCOUNT SEPARATELY TO ENSURE YOU ARE NOT CHARGED FOR ADDITIONAL SERVICE: TO DEACTIVATE YOUR DEVICE, CONTACT CUSTOMER SUPPORT AT: Email: – Compliance with the conditions and terms stated herein allows the customer to be eligible for a refund, but does not obligate gps365 to provide one. All refunds are provided at gps365’s sole discretion. Devices purchased from an un-authorized dealer gps365 will not accept returns from an un-authorized dealer under any circumstances.

  9. Eligibility

    The website is not intended for you if you are under the age of 18, you should review these conditions and terms with your parent or guardian to make sure that you and your parent or guardian understand these conditions and terms. Further, you represent and warrant that you 1. have not previously been suspended by us or removed from the website; 2. do not have more than one account for the website at any given time; and 3. that you have full power and authority to enter into these terms and in doing so will not violate any other agreement to which you are a party.

  10. Privacy

    Any information submitted via our Website is subject to our privacy policy, the terms of which may be found at Please review our privacy policy to understand our practices. This agreement along with our privacy policy govern the collection, use and disclosure of information we collect from you. The information we collect is stored and processed by us on servers in the United States and potentially other countries. By using the website you consent to any such transfer of your information outside your country and/or outside the country where you access or use the website.

  11. License

    gps365 grants you a non-exclusive license to use our software and our website in accordance with the terms of this agreement. Any supplemental software codes or supporting materials provided to you as part of support services by gps365 shall be subject to the conditions and terms of this agreement. This license is revocable on our computer servers and in the software includes our confidential information and you may not access, publish, transmit, display, create derivative works of, store, or otherwise exploit any such confidential information except as such functions are performed by the end user interface. Nothing in these terms shall be deemed to grant any right or license to you, except as expressly provided herein and no other license, authority to infringe, or immunity from infringement liability shall be deemed to arise or exist as a matter of law or otherwise. The foregoing limitations shall in no way be deemed a derogation of the express rights granted under these terms. You may not: 1. Use our website or our software other than as permitted by this agreement; or 2. Reverse engineer decompile, or disassemble our website or our software; or 3. Modify our website or our software on merge our websites or our software with any other product or program; or 4. Use our websites or our software (via our devices) to locate any person who has not expressly consented to carrying our device; or 5. Use our website or our software (via our devices) to track or locate an asset that does not belong to you, without the owner’s express consent. gps365 WILL DENY ALL REFUNDS; REGARLESS OF WHETHER OR NOT THE REFUND CRITERIA WERE OTHERWISE SATISFIED, IF YOU VIOLATE THE TERMS OF THE LICENSE AND SUBSEQUENTLY ATTEMPT TO RETURN YOUR DEVICE.

  12. Consent to use of data

    You will provide gps365 with limited access to data generated by your device. This may include information related to the current and historical locations of the device as well as its performance. This information is considered highly confidential. We may use this data in providing you with customer service, but we will not disclose this data to any dealer, unless required by law, or ordered by subpoena or warrant. You authorize us and our affiliates, agents and independent contractors to contact you at any telephone number you provide to us or from which you place a call to us, or any telephone number where we believe we may reach you using any means of communication, including, but not limited to, calls or text messages to mobile, cellular, wireless or similar devices and calls or text messages using an automated telephone dialing system and/or artificial voices or prerecorded messages, even if you incur charges for receiving such communications. You also agree that we and our affiliates, agents and independent contractors may use any other medium, as permitted by law and including, but not limited to, mail, text message and e-mail, to contact you. If you want to make a change in how we contact you, including with respect to any telephone number that we might use, please contact us. You agree that we and our affiliates, agents and independent contractors may listen to record telephone calls between you and our representatives without additional notice to you.

  13. Unauthorized access

    We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the website, including but not limited to, technological barriers, IP mapping, and contacting your internet service provider regarding such unauthorized use.

  14. Export law assurances

    By using the website, you agree that you are solely responsible for complying with all United States export control regulations, including the export administration regulations, and sanctions programs, including those administered by the United States Treasury Department’s Office of Foreign Assets Controls, and all other applicable international trade regulations. You agree that you will not download without all required approvals in any proscribed destination (including Iran, North Korea, Sudan, and Syria), on behalf of any proscribed entity or person, for any proscribed end use, or in any other manner contrary to these export regulations and sanctions programs. By using the website, you represent, warrant and certify that you are not a proscribed user or utilizing this software for a proscribed end use under these regulations. This assurance shall survive the expiration or termination of this Agreement.

  15. General limitation on liability

    The company’s entire liability, and customer’s exclusive remedy, for damages arising out of this agreement shall never exceed the price customer paid for their device. The company shall not be liable to the customer for any indirect, incidental, consequential, punitive, reliance, or special damages, including, without limitation, damages for lost profits, advantage, savings or revenues, or increased cost of operations. “Device Warning” We do not guarantee that any person, animal or asset will be found or located and we do not provide any service for the purpose of searching and/or recovering people, animals or assets. Using our products in a manner other than specified in the product information guide may cause injury.

  16. Websites availability

    We reserve the right to modify, update, or discontinue the website at our sole discretion, at any time, for any or no reason, and without notice or liability. gps365 undertakes to keep such planned interruption at a minimum and will use commercially reasonable efforts to only interrupt the access to the system at the regularly scheduled maintenance window, or at times which are outside normal business hours.

  17. Account access

    You can only use our website if you retype your password and your user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You alone are responsible for your content. You assume all risks associated with your content including anyone’s reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in your content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, your content as described herein. You may not imply that your content is in any way sponsored or endorsed by us. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device, if you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. User of public or shared computers or unprotected mobile devices should log out each time you use the gps365 website. If you find that you are a victim of identity theft and it involves an account information you should notify customer service immediately. gps365 is not obligated to credit or discount a membership for holds placed on the account by you or a gps365 representative if such hold is placed subsequent to this section of the Agreement.

  18. Copyrights and trademarks

    All content includes on the website which is delivered to you as part of the service, including: mapping, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations and software is the property of gps365 or its suppliers. Content shall not be reproduced or used without express written permission from gps365or its suppliers. gps365 reserves the right to terminate your devices hereunder if gps365 in its sole and absolute discretion, believes that you are in violation of this paragraph, the unauthorized use of our features, software or the copying or other unauthorized use of our proprietary content.

  19. Service testing

    We test various aspects of our service, including service levels, plans, promotions, features, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice, from time to time.

  20. Electronic communcations

    By maintaining an gps365 account, you consent to receiving electronic communications from gps365. These communications will include notices about your account and information concerning or related to our service, such as featured services or information or offerings.

  21. Device subscription

    You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

  22. Important limitations of our and our service providers’ liability

    These limitations of liability constitute waivers of important legal rights. In that regard, you acknowledge that these limitations are integral to the pricing of the Services, and that, were we or our service providers to assume any further liability other than as set forth herein, our prices for the Services would necessarily be substantially higher. Unless prohibited by applicable law, you agree as follows:

    You expressly agree that operation and use of your device or the Services is at your sole risk. Neither we nor our service providers shall have any liability resulting from, or in any way related to, the use of your device or the Services. You agree that you will not in any way hold us or our service providers responsible for any selection or retention of, or the acts or omissions of, other parties in connection the Services. You understand that you have no contractual relationship whatsoever with any of our service providers and are not a third party beneficiary of any Agreement between us and our service providers, although they may be third party beneficiaries of this Agreement. You waive any and all claims or demands you would have if you were a third party beneficiary of any Agreement between us and our service providers.

    You agree, and we agree, not to make, and to waive to the fullest allowed by law, any claims for (1) punitive damages, (2) treble, consequential, indirect, lost profits, incidental or special damages regardless of whether or not either party was advised of the possibility of such damages, or (3) attorney's fees. We both agree not to make, and to waive to the fullest extent allowed by law, any claim for damages other than direct, compensatory damages as limited in this Agreement. Some states do not allow an exclusion or limitation of incidental or consequential damages or certain other damages, so some of the limitations above may not apply in some situations.

    Neither we nor our service providers are liable to you if the Services are interrupted, or for problems caused by or contributed to by you, your vehicle (including its electrical system), by any third party, by buildings, hills, tunnels, telecommunications network congestion, weather, interference with satellite transmissions or any other things neither we nor our service providers control. Notwithstanding anything else in this Agreement, you agree to excuse any non-performance by us or our service providers caused in whole or in part by an act or omission of a third party, or by any equipment failure, act of god, natural disaster, strike, equipment or facility shortage, or other causes beyond our control or the control of our service providers.

    We nor our service providers can promise that any data or information supplied will be error-free. All data and information is provided to you on an "as is" basis. You agree that neither we nor any service provider who monitors, processes, or sends or receives your data or information through your device or the Services is liable for any errors, defects, problems, or mistakes in that data or information. This means you cannot recover any damages of any kind, including consequential (such as lost revenues or lost contracts), indirect, incidental, special, or punitive damages for those errors, defects, problems, or mistakes. The foregoing limitation of liability covers, without limitation, "angel Services" whereby you communicate verbally with us or our service providers for special assistance in utilizing the Services.

    To provide you with the Services, we must enter into agreements with telecommunications carriers operating cellular and satellite networks and other service providers using technology compatible with the particular device you purchased. Neither we nor our service providers are liable if the Services become unavailable or are interrupted because a service provider terminates its agreement with us or stops providing service to us, or does anything that renders your device obsolete or incompatible with the technology used by us or any of our other service providers.

    You agree that the limitations of liability and indemnities in this Agreement will survive termination or expiration of this Agreement and apply to you as well as anyone using your vehicle or the Services, anyone making a claim on your behalf, and any claims made by anyone associated with you and arising out of or relating to the Services.

    The Services are not a substitute for insurance. You promise that you will obtain and maintain appropriate insurance covering personal injury, loss of property, and other risks for yourself and for anyone else claiming under you. You hereby release and discharge us and our service providers from and against all hazards covered by your insurance. No insurance company or insurer will have any right of subrogation against us or our service providers.

  23. Governing law

    To the fullest extent permitted by law, and except as explicitly provided otherwise, this Agreement and any disputes arising out of or relating to it will be governed by the laws of the State of Delaware in the United States of America without regard to its conflict of law principles, and by any applicable tariffs, wherever filed. The U.N. Convention on Contracts for the International Sale of Goods will not apply.

  24. Resolution of disputes

    If you have a disagreement with us related to the Services, we will try to resolve it informally. If we cannot resolve it informally in a manner and time frame we reasonably deem appropriate, you agree, and we agree, to the fullest extent permitted by law, to use arbitration and not go through the courts (except smalls claims courts as provided below) with to resolve our disagreement

  25. Govermental entities

    Federal and state government entities acknowledge and agree that the Device and the Services are “Commercial Items” consistent with Part 12 of the Federal Acquisition Regulation ("FAR") or the equivalent state implementation.

  26. Intellectual property

    All intellectual property rights and any other proprietary rights inherent in, and appurtenant to, the Device and the Services are and will remain the sole and exclusive property of their respective owners or licensors and you are not acquiring any such rights in the Device or the Services. You may not modify or reverse engineer your Device or decompile any software associated with your Device or the Services.

  27. Miscellaneous

    If any part of this Agreement is considered invalid by a court or arbitrator, the rest of it will remain enforceable. Even after this Agreement has ended, its provisions will govern any disputes arising out of or relating to it (unless it has been replaced by changes to it that are issued by us or a new agreement between us). It will also be binding on your heirs and successors and on our successors. No waiver of any part of this Agreement, or of any breach of it, in any one instance will require us to waive any other instance or breach. You agree that the limitations on remedies, limitations and exclusions of liability and disclaimers specified in this Agreement will survive its termination. We reserve the right to assign this Agreement and our rights and obligations under it, whether in whole or in part. If we make an assignment, we will have no further obligations to you. If we don't enforce our rights under this agreement in one instance, that doesn't mean we won't or can't enforce those rights in any other instance. You cannot assign this agreement or any of your rights or duties under it without our permission. However, we may assign this agreement or any debt you owe us without notifying you. If we send other notices to you, they will be considered received immediately if we send them to your wireless device, or to any email or fax number you've given us, or after three days if we mail them to your billing address. If you need to send notices to us, please send them to the corporate address on our website. This agreement and the contract it incorporates form the entire agreement between us. You can't rely on any other documents, or on what's said by any sales or customer service representatives, and you have no other rights regarding service or this agreement. This agreement isn't for the benefit of any third party except our parent companies, affiliates, subsidiaries, agents, and predecessors and successors in interest. Except where we've agreed otherwise elsewhere in this agreement, this agreement and any disputes covered by it are governed by federal law and the laws of the state of Delaware, without regard to the conflicts of laws and rules of that state.

  28. Breach of this agreement

    You agree to indemnify and hold us and our parent corporation, subsidiaries, affiliated, agents, affiliates and service providers harmless from and against any and all demands, claims, actions, causes of action, suits, proceedings, losses, damages, costs and expenses, including reasonable attorneys’ fees, arising from or relating to your use of the Services, breach of this Agreement, or any act, error, or omission on your part or that of anyone who uses the Services. This provision will continue to apply after the termination or cancellation of this Agreement.

  29. Changes to terms and conditions

    gps365 reserves the right from time to time, with or without notice to you to change these Terms and Conditions in our sole and absolute discretion. The most current version of these Terms and Conditions can be reviewed on gps365 website ( The most current version of the Conditions and Terms will supersede all previous versions. You agree to be bound by such changes unless you, a) immediately stop using the Website; and b) immediately deactivate all of the Devices associated with your account.

  30. Stolen or lost vehicles

    If your vehicle is lost or stolen, we can try to help you locate it, although we have no responsibility to do so, do not guarantee that it can or will be found, and do not guarantee the condition of your vehicle or the Devices that were in it should the vehicle be recovered. You may be asked to provide satisfactory identification and/or a police report. In any event, our obligation to assist you in providing commercially reasonable assistance to your efforts to locate your vehicle will be end after 48 hours have elapsed from the time it was first reported to the authorities as missing or stolen. Should we provide assistance after such 48-hour period, you agree that we may do so if and when we see fit and that we will not be held liable for any acts or omissions that may arise with regard to such assistance. Regardless of the circumstance, we will be under no obligation to help you locate your vehicle for the purpose of tracking or recovering any valuables contained in your vehicle.