Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the 365Trac platform, hardware, mobile apps and website (together, the “Services”), provided by Optitrac 2022 Limited (“Optitrac”, “365Trac”, “we”, “us” or “our”). By using the Services or entering into an order or subscription with us, you agree to these Terms.

1. The Services

365Trac provides IoT tracking and telematics hardware together with a cloud platform and apps for fleet, vehicle and asset management. Specific features, hardware, data allowances and service levels are set out in your order, subscription or quote (“Order”).

2. Accounts

• You are responsible for keeping your account credentials secure and for all activity under your account.
• You must provide accurate information and keep it up to date.
• You must ensure everyone who uses the Services through your account complies with these Terms.

3. Acceptable use

You agree not to misuse the Services, including by: using them unlawfully; tracking any person or vehicle without a lawful basis and appropriate notice; interfering with or attempting to gain unauthorised access to the Services; or reselling the Services without our written agreement. You are responsible for ensuring your use of tracking, driver-monitoring and camera features complies with applicable privacy and employment laws, including notifying drivers where required.

4. Hardware

• Hardware supplied is subject to the pricing, ownership and warranty terms set out in your Order.
• Installation, positioning and safe use of hardware in vehicles and assets is your responsibility unless we agree otherwise in writing.
• Title to purchased hardware passes on full payment; leased or bundled hardware remains our property unless stated otherwise.

5. Fees & payment

• Fees, billing frequency and connectivity charges are set out in your Order and are exclusive of GST unless stated.
• Fees are payable by the due date. We may suspend the Services for overdue accounts after reasonable notice.
• Subscription fees may change on renewal; we’ll give you reasonable notice of any change.

6. Connectivity & availability

The Services rely on mobile networks, satellite connectivity, GPS and third-party infrastructure that we do not control. While we aim for high availability, we do not guarantee uninterrupted or error-free operation, or that location or recovery information will always be available or accurate. The theft-protection features (including StarLink and Shadow) provide additional visibility but do not guarantee prevention or recovery of any vehicle, and vehicle recovery and Police response are not automatic or guaranteed.

7. Your data

You retain ownership of the data generated through your use of the Services. You grant us the right to process that data to provide and improve the Services. Our handling of personal information is described in our Privacy Policy.

8. Intellectual property

All intellectual property in the platform, apps, software and documentation remains owned by Optitrac or its licensors. We grant you a non-exclusive, non-transferable right to use the Services during your subscription in accordance with these Terms.

9. Consumer rights

Nothing in these Terms limits rights you may have under the Consumer Guarantees Act 1993 or Fair Trading Act 1986 that cannot lawfully be excluded. Where you acquire the Services for business purposes, you agree that those Acts do not apply to the extent permitted by law.

10. Liability

To the maximum extent permitted by law, we are not liable for indirect or consequential loss, loss of profits, or loss arising from unavailability of connectivity, GPS, or theft-recovery outcomes. Our total liability in connection with the Services is limited to the fees you paid us in the 12 months before the event giving rise to the claim.

11. Suspension & termination

Either party may terminate as set out in your Order. We may suspend or terminate access if you breach these Terms. On termination, your right to use the Services ends and outstanding fees become payable.

12. Changes to these Terms

We may update these Terms from time to time. The current version will always be available on this page with its effective date. Continued use of the Services after changes take effect constitutes acceptance.

13. Governing law

These Terms are governed by the laws of New Zealand, and the New Zealand courts have exclusive jurisdiction.

14. Contact

Questions about these Terms? Contact sales@365trac.com.

Optitrac 2022 Limited · New Zealand · optitrac.com