GS Trackme
Terms of Use

Overview: The use and continued use of the GS Trackme Services constitute the Customers agreement and continued agreement to the terms contained herein. GS Trackme has the right to change and/or adjust the Terms of Use and Privacy Policy from time to time and shall be deemed effective on the day of notice to the Customer.

  1. Definitions:
    1. GS TrackMe: GS Trackme LLC., a Utah corporation
    2. GS Trackme Customer Agreement or “the Agreement”: the agreement signed by the Customer to acquire GS Trackme Services.
    3. GS Trackme equipment: any and all equipment or devices that may but is not necessarily provided by GS TrackMe or its authorized contractors that are used to deliver Services including, but not limited to, tracking devices, SIM Cards and wiring harnesses.
    4. Confidential Information: all information regarding GS TrackMe is business which has been marked or is otherwise communicated as being “proprietary” or “confidential”. Or which reasonably should be known by the receiving party to be proprietary or confidential information. Without limiting the generality of the foregoing, Confidential Information shall include, even if not marked, the Agreement, all licensed software, proposals, quotes, rate information, discount information, subscriber information, operational information, and invoices, as well as the parties communications regarding such items.
    5. Customer Provided Equipment: any and all equipment or devices supplied by Customer for use in connection with the Services.
    6. Licensed Software; computer software or code provided by GS TrackMe or required to use the Services, including without limitation, associated documentation and all updates thereto.
    7. Party: a reference to GS TrackMe or the Customer; and in the plural, a reference to both companies.
    8. Services:
    9. Service Commencement Date: the date on which GS TrackMe first makes Service available for use by Customer.
    10. Term: the duration of time (commencing on the Service Commencement Date) for which Services begin as specified above.
  2. Delivery of Services
    1. GS TrackMe will provide GS TrackMe tracking services and other related services as detailed above to Customer during the term of the Agreement. GS TrackMe tracking a service consists of a hosted web enabled application, data access and storage, across a wireless network and includes other wireless applications. GS TrackMe will provide instructions and customer support both in person and through their website.
    2. GS TrackMe Equipment. GS TrackMe will provide Customer with the necessary tracking device and SIM card. GS TrackMe will provide installation services for such devices. Customer is solely responsible for the cost of any such installation, unless otherwise agreed upon.
    3. Customer Provided Equipment. Customer shall be responsible for their individual computer hardware and/or communications equipment needed to access the Services. GS TrackMe does not provide ISP or telecommunications service required to access the Services.
    4. Access to GS TrackMe Service. Customer shall access the GS TrackMe Service by means of the browser that is recommended by GS TrackMe and using equipment obtained by Customer. Customer will be solely responsible for its use of any User Access Code.
    5. Updates/Releases. At its sole option, GS TrackMe may distribute or install new versions of any Licensed Software and may from time to time, in its sole discretion, change some or all of the functionality or any component of its Service or make any modification for the purpose of improving the performance, service quality, error correction or to maintain the competitiveness of the Service. GS TrackMe shall have complete discretion and control to determine whether updates and releases shall be included in any GS TrackMe software provided as a part of its Services.
  3. Charges Billing and Payment
    1. Charges. Customer shall pay GS TrackMe all charges associated with the Services, as set forth herein or as from time to time may be provided by GS TrackMe to Customer. These charges may include, but are not limited to activation fees, installation charges, monthly reoccurring service/hosting charges, use charges, including without limitation, charges for the use of GS TrackMe Equipment, charges for service calls, maintenance and repair charges, and any applicable taxes and fees.
    2. Third-Party Charges. Customer may incur charges from related third-party service providers that are separate and apart from the amounts charged by GS TrackMe. These may include, without limitation, accessing online services, calls to parties to charge for the telephone-based services, and purchasing or subscribing to other offerings via the Internet. Customer agrees that all such charges, including all applicable taxes, are Customer sole responsibility. In addition, Customer is solely responsible for protecting the security of credit card information provided to others in connection with such transactions.
    3. Payment of Bills. GS TrackMe will invoice Customer in advance on a monthly basis for all monthly recurring Service charges and fees arising under the Agreement. All other charges will be billed monthly in arrears. Customer shall make payment to GS TrackMe for all invoiced amounts within 30 days after the date of the invoice. Any amounts not paid to GS TrackMe within 30 days will be considered past-due. GS Trackme will have the right to suspend Service if past due.
    4. Partial Payment. Partial payment of any bill will be applied to the customers outstanding charges in the amounts and proportions as solely determined by GS TrackMe. No acceptance of partial payments by GS TrackMe shall constitute a waiver of any rights to collect the full balance owed under the Agreement.
    5. Payment by Credit Card. Upon Customers written request and GS TrackMe's acceptance of such request, GS TrackMe will accept certain credit card payments for charges generated under the Agreement. By providing GS TrackMe with a credit card number, Customer authorizes GS TrackMe to charge the card for all charges generated under the Agreement, until (i) the Agreement is terminated or (ii) Customer provides 16 days prior notice that GS TrackMe stop charging the credit card. Customer agrees to provide GS TrackMe with updated credit card or alternate payment information on a timely basis prior to the expiration or termination of the credit card on file or in the event that Customer's credit card limit is or will be insufficient to cover payment. If GS TrackMe is unable to charge Customer's credit card for any reason, Customer agrees to pay all amounts due, including any late payment charges or bank charges, upon demand by GS TrackMe. GS TrackMe may limit the option to pay by credit card to specific Services or may discontinue acceptance of credit card payments in whole or in part upon 30 days prior notice to Customer. Customer’s card issuer agreement governs Customer’s use of Customer’s designated card, and Customer should refer to that agreement to determine Customer’s rights and liabilities as a cardholder.
    6. Credit Approval and Deposits. Initial and ongoing delivery of Services may be subject to credit approval. Customer shall provide GS TrackMe with credit information requested by GS TrackMe. Customer authorizes GS TrackMe to make inquiries and to receive information about Customer's credit history from others and to enter this information in Customer's records. Customer represents and warrants that all credit information that it provides to GS TrackMe will be true and correct. GS TrackMe, in its sole discretion, may deny the Services based upon an unsatisfactory credit history. Additionally, subject to applicable regulations, GS TrackMe may require Customer to make a deposit (in an amount not to exceed an estimated two months charge for the Services) as a condition to GS TrackMe's providing Services, or as a condition to GS TrackMe's continuation of Services. The deposit will not, unless explicitly required by law, bear interest and shall be held by GS TrackMe as security for payment of customers charges. If the provision of Service to Customer is terminated, or if GS TrackMe determines, in its sole discretion, that such deposit is no longer necessary, then the amount of the deposit will be credited to Customer's account or will be refunded to Customer as determined by GS TrackMe.
    7. Taxes and Fees. . Customer shall be responsible for the payment of any and all applicable local state and federal taxes or fees (however designated). Customer will be responsible to pay any Service fees, payment obligations and taxes that become applicable retroactively.
    8. Disputed Invoice. If Customer disputes any portion of an invoice, Customer must pay the undisputed portion of the invoice and submit a written claim, including all documentation substantiating Customers claim, to GS TrackMe for the disputed amount of the invoice by the invoice due date. The Parties shall negotiate in good faith to resolve the dispute. However, should the parties fell to mutually resolve the dispute within 60 days after the dispute was submitted to GS TrackMe, all disputed amounts shall become immediately due and payable to GS TrackMe.
    9. Past-Due Amounts. Any undisputed payment not made when due will be subject to a reasonable late charge (depending on fleet size, usually $5 per vehicle) not to exceed the highest rate allowed by law on the unpaid invoice. If Customer's account is delinquent, GS TrackMe may refer the account to a collection agency or attorney and then pursue collection of the past due amount and/or any GS TrackMe Equipment that Customer fails to return in accordance with the Agreement. If GS TrackMe is required to use a collection agency or attorney to collect any amount owed by customer or any unreturned GS TrackMe Equipment, Customer agrees to pay all reasonable costs of collection and other action. The remedies set forth herein are in addition to and not in limitation of any other rights and remedies available to GS TrackMe under these Terms of Use or at law or in equity.
    10. Fraudulent Use of Services. Customer is responsible for all charges attributable to Customer with respect to the Services, even if incurred as the result of fraudulent or unauthorized use of the Services. GS TrackMe may, but is not obligated to, detect or report unauthorized or fraudulent use of Services to customer GS TrackMe reserves the right to restrict suspend or discontinue providing any service in the event of fraudulent use by Customer.
    11. Termination for Cause.
      1. If customer is in breach of a payment obligation, and fails to make payment in full within 10 days after receipt of notice of default, or has failed to make payments of all undisputed charges on or before the due date on three or more occasions during any 12-month period., GS TrackMe may, at its option, terminate the Agreement, suspend Services, and/or require a deposit, advance payment, or other satisfactory assurances as a condition of continuing to provide Services. However, GS TrackMe will not take any such action as a result of Customer's nonpayment of a charge that is the subject of a timely billing dispute, unless the parties have reviewed the dispute and determine in good faith the charges correct.
      2. If either party breaches any material term of the Agreement and/or these Terms of Use and the breach continues without remedy for 30 days after notice of default, the nondefaulting party may terminate for cause any Service Request material affected by the breach.
      3. Services may be terminated by either party immediately upon notice if the other party has become insolvent or initiates a liquidation or termination of its business, or adjudicated bankrupt, or is involved in an assignment for the benefit of its creditors.
      4. Termination by either party does not waive any other rights or remedies it may have under these Terms of Use.
    12. Effect of expiration or Termination of the Agreement. Upon the expiration or termination of Service for any reason: (i) GS TrackMe may disconnect any Service; (ii) GS TrackMe may delete all applicable data, files, information stored on GS TrackMe servers or systems; (iii) if Customer has terminated the Service prior to the expiration of the Service term for convenience, or if GS TrackMe has terminated the Service prior to the expiration of the Service Term as a result of material breach by Customer, GS TrackMe may assess and collect from Customer applicable termination charges; (iv) Customer shall, permit GS TrackMe access to retrieve any and all GS TrackMe Equipment, if sold at a discount; and (v) if used in conjunction with the terminated Service, customers right to use applicable Licensed Software shall automatically terminate, and Customer shall be obligated to return the same to GS TrackMe.
    13. Regulatory and Legal Changes. The parties acknowledge that the respective rights and obligations of each party as set forth in these Terms of Use upon its execution are based on law and regulatory environment as it exists on the date of execution of the Agreement. GS TrackMe may, in its sole discretion, immediately terminate the Agreement, in whole or in part, in the event there is a material change in any law, rule, regulation, force majeure event, or judgment of any court or government agency, and that change effects GS TrackMe's ability to provide the Services herein.
  4. Limitation of Liability; Disclaimer of Warranties; Warnings
    1. Neither party will be liable to the other for any incidental, indirect, special, punitive or consequential damages, whether or not foreseeable, of any kind including but not limited to any loss of revenue, loss of use, loss of business or loss of profit, whether such alleged liability arises in contract or tort, provided, however, that nothing herein is intended to limit customers liability for amounts owed for the Services, for any Service Equipment or software provided by GS TrackMe or for early termination charges. Except as otherwise expressly provided in these Terms of Use or the Agreement, the entire liability of GS TrackMe and its officers, directors, employees, affiliates, agents, suppliers or contractors (“Associated Parties”) for loss, damages and claims arising out of the delivery of the Services including, but not limited to, delay in the installation of services or the performance or nonperformance of the Services or the GS TrackMe Equipment shall be limited to a sum equivalent to the applicable out of service credit. Remedies under these Terms of Use and the Agreement are exclusive and limited to those expressly described in these Terms of Use and the Agreement.
    2. With exception to the GS Trackme Equipment, there are no warranties, express or implied, including without limitation any implied warranty of merchantability, fitness for a particular purpose, title, satisfactory quality, performance, durability, representations and warranties arising by statute or otherwise under the law, from a course of dealing, use or trade and noninfringement with respect to the Services, or Licensed Software. All such warranties are hereby expressly disclaimed to the maximum extent allowed by law. Without limiting the generality of the foregoing, GS TrackMe does not warrant that the Services, or Licensed Software will be uninterrupted, error-free, or free of latency or delay, or that the Services, or Licensed Software will meet your requirements, or that the services, or Licensed Software will prevent unauthorized access by third parties.
    3. GS TrackMe makes no warranties or representations with respect to the Services, or Licensed Software for use by third parties.
    4. In no event shall GS TrackMe, or its Associated Parties, suppliers, contractors or licensors be liable for any loss, damage or claim arising out of or related to: (i) transmitted, or recorded data, files, or software; any act or omission of Customer, its users or third parties; (iii) inoperability, interaction or interconnection of the Services with applications, equipment, services or networks provided by Customer or third parties; or (iv) loss or destruction of any customer hardware, software, files or data resulting from any virus or other harmful feature or from any attempt to remove it.
    5. Disruption of Service. The Services are not failsafe and are not designed or intended for use in situations requiring failsafe performance or in which an error or interruption in the Services could lead to severe injury to business, persons, property or environment. These activities may include, without limitation, vital business or personal medications, or activities where absolute accurate data or information is required. Customer expressly assumes the risks of any damages resulting from these type of activities. GS TrackMe shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Services, directly or indirectly caused by, or proximal resulting from, any circumstances, including, but not limited to Customer or Customer Equipment; inability to obtain access to the Service; failure of a communication satellite; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightning, earthquake, wind, ice, extreme weather conditions or other acts of God; failure or reduction of power; or any court order,, law, act or order of government restricting or prohibiting the operation or delivery of the Services.
    6. Customer's sole and exclusive remedies under these Terms of Use and the Agreement are as expressly set forth in these Terms of Use.
  5. Indemnification
    1. Each party will indemnify and hold harmless the other party, its affiliates, officers, directors, employees, stockholders, partners, providers, independent contractors and agents from and against any and all joint or several costs, damages, losses, liabilities, expenses, judgments, fines, settlement and any other amounts of any nature, including reasonable fees and disbursements of attorneys, accountants, and experts, arising from any and all claims, demands, actions, suits or proceedings, whether civil, criminal, administrative, or investigative (collectively, “Claims”) relating to: (i) any claim of any third party resulting from the negligence or willful act or omission of Indemnifying Party arising out of or related to these Terms of Use and the Agreement the obligations hereunder, and uses of services, GS TrackMe Equipment, and Licensed Software; and (ii) any claim of any third party alleging infringement of a US patent or US copyright arising out of or related to these Terms of Use and the Agreement, the obligations hereunder and the use of services, GS TrackMe Equipment and Licensed Software.
    2. The Indemnifying Party agrees to defend the Indemnified Party for any loss or injury liability, claim or demand that is the subject of this Article 7 hereof. The Indemnified Party agrees to notify the Indemnifying Party promptly, in writing, of any Actions, threatened or actual and to cooperate in every reasonable way to facilitate the defense or settlement of such actions. The Indemnifying party shall assume the defense of any action with counsel of its own choosing, but which is reasonably satisfactory to the indemnified party. The Indemnified Party may employ its own counsel in any such case, and shall pay such counsel's fees and expenses. Indemnifying party shall have the right to settle any claim for which indemnification is available; provided, however, that to the extent that such settlement requires the Indemnified Party to take or refrain from taking any action or purports to obligate the Indemnified Party, then the Indemnifying Party shall not settle such claim without the prior written consent of the Indemnifying Party which consent shall not be unreasonably withheld, conditioned or delayed.
  6. Software and Services
    1. License: GS TrackMe grants to Customer a personal, non-exclusive, nontransferable, revokable and limited license to use the GS TrackMe Services. The License allows for Customer and any person authorized by Customer (collectively, “Users”) to access remotely and use (only through remote access) the GS Trackme website currently located at (collectively, the “GSTrackme Site”). Customer may not claim title to, or an ownership interest in, any Licensed Software or other intellectual property and Customer shall execute any documentation reasonably required by GS TrackMe, including, without limitation, user license agreements for the Licensed Software and Services. GS TrackMe shall retain ownership of the Licensed Software, and no rights are granted to Customer other than a license to use the Licensed Software under the terms expressly set forth in these Terms of Use.
    2. Restrictions. Customer agrees that it shall not: (ii) except for emergency backup purposes or as permitted by the express written consent of GS TrackMe; (ii) reverse engineer, reverse assemble, decompile, or disassemble the Licensed Software or otherwise attempt to derive source code or underlying ideas or algorithms from the GSTrackme Site or any software or any component thereof; (iii) sell, lease, license, or sublicense the Licensed Software; or (iv) create, write, or develop any derivative software or any other software program based on the Licensed Software (v) remove any proprietary, copyright, patent, trade mark, design right, trade secret, or any other proprietary rights legends from the GSTrackme Materials (as defined herein); (vi) disclose or grant access to any User Access Code (as defined herein), the GSTrackme Service or any component thereof to any third party other than one to whom GSTrackme has consented in writing; (vii) make more than one copy of the Documentation per User.
    3. Intellectual Property Rights in the Services. Title and intellectual property rights to the Services are owned by GS TrackMe, its agents, suppliers or affiliates or their license orders or otherwise by the owners of such material. The copying, redistribution, reselling, bundling or publication of the Services, in whole or in part, without express prior written consent from GS TrackMe or other owner of such material, is prohibited.
    4. Export. Customer agrees that it shall not export or re-export GS TrackMe's tracking device or any software or any copies thereof, either directly or indirectly, outside of the jurisdiction in which Customer accesses such materials, except in compliance with all applicable laws, ordinances and regulations. Customer shall have the exclusive obligation to ensure that any such export is in compliance with all applicable export laws and the laws of any foreign country where applicable.
  7. Prohibited Uses.
    1. Resale. Customer may not sell, resell, sublease, assign, license, sublicense, share, provide, or otherwise utilized in conjunction with a third-party (including, without limitation, in any joint venture or as part of any outsourcing activity) the Services or any component thereof. Unless given written consent signed by an officer of the company GS Trackme.
    2. Use Policies. Customer agrees to ensure that all uses of the GS TrackMe Equipment and/or the Services are legal and appropriate specifically, Customer agrees to ensure that all uses by Customer or by any other person (“User”), whether authorized by Customer or not, comply with all applicable laws, regulations, and written and electronic instructions for use. GS TrackMe reserves the right to act immediately and without notice to terminate or suspend the Services and/or to remove from the Services any information applicable to Customer or Users, if GS TrackMe (i) determines that such use or information does not conform with the requirements set forth in these Terms of Use, (ii) determines that such use or information interferes with GS TrackMe's ability to provide the Services to Customer or others, (iii) reasonably believes that such use of information may violate any laws, regulations, or written and electronic instructions for use.
    3. Violation. Any breach of this article shall be deemed a material breach of these Terms of Use and the Agreement. In the event of such material breach, GS TrackMe shall have the right to restrict, suspend, or terminate immediately any Service, without liability on the part of GS TrackMe, and then to notify Customer of the actions that GS TrackMe has taken and the reason for such action, in addition to any and all other rights and remedies under these Terms of Use.
  8. General
    1. Notices. Except as otherwise provided in the these Terms of Use and the Agreement or these terms any notices or other communications contemplated or required under these Terms of Use, in order to be valid, shall be in writing and shall be given via personal delivery, overnight courier, or via U.S. Certified Mail, Return Receipt Requested, or email. Notices to Customer shall be sent to the Customer billing address; Notices to GS TrackMe shall be sent to: 3672 West South Jordan Pkwy, Suite #201, South Jordan, UT 84095, or for email.
      All such notices shall be deemed given and effective on the day when delivered by overnight delivery service, certified mail, or email.
    2. Wireless Service Provider. Customer expressly understands and agrees that it has no contractual relationship whatsoever with the underlying wireless service provider or its affiliates or contractors and that Customer is not a third party beneficiary of any agreement between GS TrackMe and the underlying carrier. Customer hereby waives any and all claims or demands therefor.
    3. Entire Understanding. These Terms of Use and the Agreement constitutes the entire understanding of the parties related to the subject matter hereof. These Terms of Use and the Agreement supersedes all prior agreements, proposals, representations, statements, or understandings, whether written or oral, concerning the Services or the parties’ rights or obligations relating to the Services. Any prior representations, promises, inducements, or statements of intent regarding the Services that are not expressly provided for in these Terms of Use and the Agreement are of no effect. Terms or conditions contained in any purchase order, or restrictive endorsements or other statements on any form of payment, shall be void and of no force or effect. Only specifically authorized representatives of GS TrackMe may make modifications to these Terms of Use and the Agreement. No modification to the form or these Terms of Use and the Agreement made by a representative of GS TrackMe who has not been specifically authorized to make such modifications shall be binding upon GS TrackMe. No subsequent agreement among the parties concerning the Services shall be effective or binding unless it is executed in writing by authorized representatives of both parties.
    4. Adding of Vehicles. At any time during the term of the Agreement, the Customer may add more units to the Agreement. In order to add more units, the Customer must notify GS TrackMe to add more units to the Agreement. The Customer must assume payment of Setup Cost and additional Monthly Charge per Unit for the remainder of the term of the Agreement.
    5. Construction. In the event that any portion of these Terms of Use and the Agreement is held to be invalid or unenforceable, the parties shall replace the invalid or unenforceable portion with another provision that, as nearly as possible, reflects the original intention of the parties, and the remainder of these Terms of Use and the Agreement shall remain in full force and effect.
    6. Survival. The rights and obligations of either party that by their nature would continue beyond the expiration or termination of the Agreement, including without limitation representations and warranties, indemnifications, and limitations of liability, shall survive termination or expiration of the Agreement.
    7. Attorneys’ Fees. If any legal action is necessary in order to enforce any of the terms of these Terms of Use and the Agreement or the relationship between Customer and GS TrackMe, the prevailing party in any such action shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party.
    8. Choice of Law. The domestic law of the state of Utah shall govern the construction, interpretation, and performance of this Agreement, except to the extent superseded by federal law.
    9. No Third Party Beneficiaries. These Terms of Use and the Agreement does not expressly or implicitly provide any third party (including users) with any remedy, claim, liability, reimbursement, cause of action, or other right or privilege.
    10. No Waiver. No failure by either party to enforce any rights hereunder shall constitute a waiver of such right(s).
    11. Article Headings. The article headings used herein are for reference only and shall not limit or control any term or provision of these Terms of Use and the Agreement or the interpretation or construction thereof.
    12. Compliance with Laws. Each of the Parties agrees to comply with all applicable local, state and federal laws and regulations and ordinances in the performance of its respective obligations under these Terms of Use and the Agreement.