By accepting these Business Terms, User agrees and gives consent to Business Terms, Terms of Use and Privacy Policy which represents the entire agreement between the User and TrackingFox regarding the use of the services provided by TrackingFox.

These documents are designated to inform about User’s rights and obligations when using the services and products provided by TrackingFox.

  1. Definitions
    1. Company – TrackingFox registered trademark operated by a company MR Digital Group UAB, a company incorporated and existing under the laws of Lithuania, company no.: 303374967, address: Konstitucijos pr. 26, LT-08105, Vilnius, Lithuania (“TrackingFox”).
    2. User – a natural person or a legal entity who uses, subscribes, purchases relevant services or products from TrackingFox.
    3. Services – the services provided by TrackingFox in accordance with these Business Terms and Terms of Use.
    4. Software – GPS Tracking Software created and/or distributed by TrackingFox including, but not limited to applications for various operation systems.
    5. Hardware – hardware distributed by TrackingFoX, including, but not limited to GPS Tracker, OBD 2 GPS tracker and GPS vehicle trackers.
  2. Eligibility
    1. To access or use the Services provided by TrackingFox, User shall be authorized representative of legal entity or natural person with legal age according to the relevant legislation. By accepting these Business Terms, User assures that the provided information is accurate, complete, and always present. Inaccurate or incomplete information may result in the immediate termination of Users account via TrackingFox.
  3. Obligations
    1. TrackingFox will provide the Services in a competent and eligible manner and in accordance with these Business Terms.
    2. User shall ensure to make use of the Services provided by TrackingFox in accordance with these Business Terms and shall be responsible for any breach of it.
    3. User shall co-operate with TrackingFox in all matters relating to the use of the Services.
       
  4. Validity
    1. These Business Terms take effect as of the date of registration on TrackingFox platform and subscribing any Services or products of TrackingFox.
  5. Payment
    1. All payments are made to TrackingFox via our third-party secure payment handler.
    2. User shall transfer the payment of the full amount specified in the relevant software subscription plan, hardware or product information using one of the following payment methods: credit and or debit card (Visa, Master Card), PayPal if not designed in website other payment method. All amounts due under these Terms are payable in applicable and indicated currency.
    3. Request of the User shall only be deemed to be accepted if TrackingFox has received a full payment.
    4. User agrees that, for each period, the amount set out in software subscription plan may be withdrawn automatically from the User’s account.
    5. User agrees to notify immediately TrackingFox promptly in writing of any changes to User’s billing information during the validity of these Business Terms.
  6. Prices
    1. TrackingFox has a right to change the prices of its software products and/or relevant subscription plans at any time at its sole discretion without prior notice.
  7. Delivery
    1. TrackingFox will notify the User by way of email when User’s order is available.  In most cases User’s order will be available for downloading, collecting, or accessing once User’s payment is confirmed.
  8. Refund & Return Policy
    1. Software
      1. If the User is not 100% satisfied with any TrackingFox software subscription plan/products, please contact us within 7 days of User’s purchase to receive a refund. User’s refund will be subject to payment for the first month of Services (calculated at the Monthly Subscription rate), whichever is less after the software is installed on the server and/or cloud.
      2. Refunds requested more than 7 days after User’s initial purchase date will not be issued unless the transaction was the result of a fraudulent purchase.
      3. If User was issued a refund, it should appear on User’s credit card or PayPal statement within 72 (seventy-two) hours upon TrackingFox notifies the User. After receiving User’s refund, User agrees to uninstall and/or stop using any TrackingFox software and/or hardware product(s) for which User no longer possess a valid license. TrackingFox reserves the right to disable the server, account, product keys or serial numbers issued for the refunded products.
    2. Hardware
      1. If the item is broken or not working properly, User has up to 7 working days to contact us (in other instances the money will be not refunded). If User wants to return an item, please send an email to: info@Trackingfox.com. TrackingFox will respond with the return address and an identifying number for User to enclose with the returned item. Please note: if the User does not send email within 7 working days after User receives the order, TrackingFox will not be able to process User’s return.
      2. TrackingFox will process User’s refund through PayPal after receiving the items providing, they are unused and in a saleable condition. Return shipping is paid by the buyer unless the received item is defective or not working. Please note, buyer must send order back to TrackingFox via a postal service, which have tracking function.
      3. All returned items will be subject to inspection. A full refund is only processed for buyers that return items unused and returned in their original packaging. Otherwise, if a return is received in not a saleable condition and the packaging is broken, User will be charged 20% of the retail price of the item.
  9. Confidentiality
    1. User is responsible for maintaining the confidentiality of the account and password, including, but not limited to the restriction of access to User’s computer/mobile device and/or account. User accepts full responsibility for all activities or actions that occur under User’s control of the account and/or password. TrackingFox accepts no liability for any loss or damages incurred because of User’s account details being shared by the User.
    2. User must notify TrackingFox immediately upon becoming aware of any breach of security or unauthorized purchase or other irregular use of User’s account.
  10. Intellectual property
    1. TrackingFox is, and shall be, the sole and exclusive owner of all titles, logos, trademarks and copyrights displayed on the website and mobile application, contained in the documents and other materials that are created, made or conceived in the course of performing the Services, including all intellectual property rights therein (hereinafter – intellectual property). User shall not copy, reproduce, store, transmit, broadcast, publish, modify, create a derivative work from, display, perform, distribute, redistribute, sell, license, rent, lease or otherwise use, transfer (either in printed, electronic or other form) or exploit any intellectual property, in whole or in part, for commercial purposes or in any way that does not comply with these Business Terms or applicable laws without prior written permission of TrackingFox. In addition, the image and style of the website and mobile application, including all page headers, custom graphics, button icons, and scripts, is the trademark of TrackingFox and may not be copied, imitated, or used, in whole or in part, without the prior written permission of TrackingFox.
    2. The illegal use of TrackingFox trademarks or other intellectual property, except as specifically permitted by these Business Terms, is prohibited. User shall promptly notify TrackingFox if User recognizes or suspects that any of TrackingFox intellectual property rights has been violated or infringed.
  11. Restrictions
    1. TrackingFox accounts are non-transferable and funds are not refundable for active accounts. TrackingFox does not allow hidden tracking. User shall not use our services and/or Hardware to track a person without their permission or the object without the owner`s permission for criminal activities use. User shall not use TrackingFox services where such actions are illegal. User shall not send automatic requests to TrackingFox, try to mislead TrackingFox authentication measures, try to reverse engineer our software or our protocols and be involved in activities which damage our systems. TrackingFox accounts are non-transferable, and funds are not refundable for active accounts. It is the User’s responsibility to make sure that use of GPS tracking Software and Hardware does not violate provisions of relevant legislations and User agrees to accept full responsibility for any violation of terms.
  12. Disclaimer
    1. All use of services is sole responsibility of the User. Therefore, TrackingFox shall not be held liable for illegal activities of the User.
    2. User understands and agree that the Services provided by TrackingFox are provided as is and as available, without express or implied warranty or condition of any kind. TrackingFox makes no representations about suitability of the services and does not warrant that: i) the services will be of satisfactory quality, uninterrupted, secure or available at any particular time or location ii) the services will not infringe the rights of third parties iii) the services will be compatible with all systems iv) the content on the website and mobile application is free of viruses or other harmful content v) the results of using the services will meet User requirements.
    3. No part of the website or mobile application or Hardware is intended to constitute advice and the content of the website or mobile application should not be relied upon when making any decisions or taking any action of any kind.
  13. Indemnification
    1. User agrees that TrackingFox, its affiliates, directors, officers and employees are not liable for costs and attorney’s fees, from any claim or demand made by any third party due to services provided to the User, User’s violations of these Terms of Use, and/or User’s violations of any other right of any person or entity.
    2. User agrees that TrackingFox, its affiliates, directors, officers or employees shall not in any circumstances be liable for any loss of profits, business, business opportunities, revenue, reputation, goodwill, anticipated savings or wasted expenditure, any loss or corruption of data or information, any loss or liability under or in relation to any other agreement, any indirect or consequential losses or any punitive, exemplary or special damages arising from or relating to any errors or failures of performing the services on the website or mobile application by TrackingFox, regardless of any notice of the possibility of such damages. 
    3. TrackingFox has no liability for any disruption or non-availability of the Web Site resulting from ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, Acts of God (force majeure), acts of war or legal restrictions and censorship.
    4. TrackingFox shall not be liable for any failure or delay in performing any of its obligations under these Business Terms to the extent caused by any delay or failure by the User in performing any of the User’s obligations under these Business Terms.
    5. TrackingFox shall not be liable for any improper or incorrect understanding of the information described and/or contained herein and assumes no responsibility for anyone’s misunderstanding of such information.
    6. Nothing in these Business terms excludes or restricts TrackingFox liability for any direct or indirect loss or damages arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the website or mobile application.
  14. Limitation of Liability
    1. Any liability of TrackingFox shall be limited to rescission of sale and refund of purchase price.
  15. Termination
    1. User’s account in TrackingFox may be terminated by the User or TrackingFox. User may terminate the TrackingFox account at any time at User’s sole discretion.
    2. TrackingFox reserves the right to terminate User’s account without stating any reason. If User’s account is terminated, any current or pending purchases on User’s account will be cancelled.
    3. TrackingFox, also, reserves the right to cancel purchases on User’s account without explanation, for any reason prior to processing the payment.
    4. If User violates any of these Business Terms, TrackingFox has a right to:
      1. terminate User account via TrackingFox and User’s right to use any of TrackingFox services; and/or
      2. require compensating all and any direct losses including third-parties’ expenses, resulting from such violation.
  16. Changes to Business Terms
    1. TrackingFox has the right to change these Business Terms at any time for any reason without prior notice. The changes will be posted on the TrackingFox website and mobile application. Use of the TrackingFox services, is an acceptance of the updated Business Terms.
  17. Notices
    1. Any notice or other communication between the User and TrackingFox shall be sent via e-mail to info@Trackingfox.com.
  18. General
    1. These Business Terms, Terms of Use and Privacy Policy constitute the entire agreement between the User and TrackingFox with respect to access and use the services provided by TrackingFox.
    2. User agrees that these Business Terms, Terms of Use, Privacy Policy, and other legal documents posted on the website and mobile application have been drawn up in English.
       
  19. No Waiver
    1. If any party to these Terms of Use fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
  20. Severance
    1. If any provision of these Business Terms is invalid, illegal, or unenforceable in any respect under any applicable legislation, the provision shall be deemed omitted to the extent that it is invalid, illegal, or unenforceable. In such a case, the remaining provisions of these Business Terms shall be binding.
  21. Governing law
    1. These Business Terms shall be governed by and construed in accordance with laws of Republic of Lithuania.
  22. Dispute resolution
    1. User agrees to make a diligent, good faith attempt to resolve any disputes or controversies relating to or arising out of these Business Terms by informal negotiations within 30 (thirty) calendar days. During the time of informal negotiations, User agrees to refrain from any action or behavior, including, but not limited to actions in the media or social networks that may harm the reputation of TrackingFox, its affiliates, employees or clients, or cause the damage to TrackingFox, regardless of where and when such actions would occur. In case of failure to solve any such dispute or controversy by way of negotiations, or if negotiations do not begin, the courts of Lithuania shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Business Terms.

Final revision date: 1st December 2020