End User License Agreement

  1. INTRODUCTION

This TrackieX Hardware, Applications Embedded Software and Software End User License Agreement (the “EULA”) governs your use of the hardware products and hardware-embedded software applications provided by TrackieX (Pvt) Ltd (“TrackieX”).

This EULA is a legal agreement between TrackieX (Pvt) Ltd (“TrackieX”) and you, the customer or licensee (“you”).

By purchasing, using, installing, downloading, or otherwise using the software in any manner (including, but not limited to, using the hardware in which the software may be embedded), you agree to be bound by the terms of this EULA. If you do not agree, are not at least 18 years of age, or do not have the authority to enter into this EULA, then do not purchase, use, install, download or otherwise use the software or the hardware in which it may be embedded.

The Hardware (TrackieX GPS tracker), Embedded Software, Software and all related software or other products or services offered by TrackieX collectively form the “Product”.

  1. GRANT OF LICENCE

Subject to the terms and conditions of this EULA, TrackieX grants you a limited, revocable, non-transferable, non-exclusive licence to use the Product.  You agree not to modify, rent, lease, loan, sell, assign, distribute, reverse engineer, or create derivative works based on any element of the Product subject to the terms of this EULA. This Licence applies to updates or supplements to the original Software, unless TrackieX provides other terms along with the update or supplement.

The Product, including without limitation the Embedded Software, the Software and any patents, trademarks, software including source and object code, and other copyrightable materials incorporated in or displayed on the Product, is owned by TrackieX.  TrackieX reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Product.

  1. INTENDED PURPOSE OF PRODUCT

The Product is intended for the use and purpose of parents and/or guardians of a minor child (below the age of 16 years) to help to keep track of their children (hereinafter referred to as the “Intended Purpose”). The Product may also be used to track your personal property or the location of pets owned by you or where the owner has given their prior consent. The Product should not be used for any other purpose including the tracking of any other person unless their prior written consent has first been obtained.

4. RESTRICTIONS

The licence granted to you in this EULA is subject to the following restrictions:

  • You will not abuse, hack, attack, interfere with, gain unauthorized access to, or disrupt the Product or do anything contrary to this EULA.
  • You will not access the Product in a way that could violate applicable law, or in any manner not expressly authorised by TrackieX under this EULA or in a separate written agreement.
  • You will not use the Product to infringe on the intellectual property or privacy rights of others, to obtain personal information or surveillance of others without authorisation, or to otherwise violate applicable law.
  • You will use the Product in a prudent and responsible manner in keeping with the Intended Purpose of the Product.
  • The SIM provided with the Product should not be removed, replaced or used with any other Product whatsoever.
  • You assume any and all risks, injuries, losses, claims and any other liabilities arising out of unauthorised use of the Product.

5. LIMITATIONS OF THE PRODUCT AND ITS USE

5.1. While we aim for the Product (including any notifications or other alerts provided by the Product) to be highly reliable and available, it is not intended to be reliable or available 100% of the time, and we do not guarantee that you will always receive notifications.

5.2. You agree and acknowledge that:

  • The Product does not intend to replace proper supervision of your children and that the Product is only an aid mechanism;
  • The Product is subject to sporadic interruptions and failures for reasons beyond the control of TrackieX including but not limited to tunnels, buildings, hills, weather and other factors and circumstances which might cause disturbances in the functioning of the Product;
  • In situations where there is no network coverage, the nearest possible or estimated location of the tracker may be determined by locating the SIM installed in the GPS tracker by using cell tower technology or LBS. You further agree and acknowledge that the SIM provided with the tracker will not be removed, replaced or used with any other device whatsoever.
  • The use of the Product shall be at your sole risk and responsibility;
  • There is no guarantee that lost persons, pets or goods will be found and TrackieX will not provide any service or assistance whatsoever in respect of locating such lost persons, pets or goods;
  • As the Product uses a combination of a GPS tracker and mobile application, it requires an active mobile data plan to work and therefore the use of the Product is subject to cellular network coverage;
  • TrackieX is not responsible for any damages or injury allegedly caused by the failure or delay of the Product to reflect current status or notifications;
  • TrackieX does not guarantee that the Product will not be compromised or circumvented by third parties.
  • You will not use the Product in violation of the terms of this EULA;
  • You will not use the Product to locate any person without such person’s prior consent;
  • You will use the Product only for the Intended Purpose; and
  • You are fully responsible for acts or omissions of any third party to whom you have granted access to the Product or any part thereof.
  1. TERM AND TERMINATION

6.1. This EULA and the licence granted hereunder are effective on the date you first use the Product and shall continue for as long as you use the Product or until this EULA is terminated.

6.2. TrackieX may terminate this EULA at any time if you have breached any provision of the EULA, TrackieX is required to do so by law, or TrackieX decides to no longer provide the Software or any component thereof

6.3. Upon termination of this EULA, the licence granted hereunder will terminate and you must immediately stop using the Product.

6.4. Any provisions of this EULA which by their nature are intended to remain in force upon the expiry or termination of the EULA shall survive such expiry or termination for any reason whatsoever.

6.5. Expiry or termination of this EULA shall not prevent or limit either party from enforcing any right or provision of this EULA or pursuing any available remedies, including injunctive relief or a claim for damages.

  1. UPDATES TO THE PRODUCT

You understand that the Product is an evolving one. TrackieX may require that you accept updates to the Product, and may automatically update the Product at any time with or without notifying you. By using the Product, you consent to these automatic updates.  You may need to update third party software from time to time in order to receive the Product and use TrackieX’s software and hardware.

  1. INDEMNITY

You agree to indemnify and hold TrackieX, its contractors, employees, agents and its third-party suppliers, and licensors harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Product, any violation by you of this EULA, or any breach of the representations, warranties, and covenants made by you herein. You agree that the provisions in this paragraph will survive any termination of your use of the Product.

  1. WARRANTY

9.1. We warrant that on delivery and for a period of Twelve (12) months from the date of delivery (warranty period), the TrackieX GPS shall conform in all material respects with its description and any applicable specification and be free from material defects in design, material and workmanship and be of satisfactory quality (within the meaning of the Sale of Goods Ordinance No.11 of 1896) and be fit for the required purpose.

9.2. If the TrackieX GPS does not comply with the warranty in 5.1. above, within the said warranty period, you must give written notice in accordance with the steps set out in https://trackiex.com/trackiex-warranty/

9.3. While we may, at our option, repair or replace a defective tracker or refund the price of the defective tracker, we can in our sole discretion reject warranty claims in any of the following situations:

  • you use the tracker after giving notice in accordance with 5.2 above;
  • the defect arises because you failed to follow our oral or written instructions as to the storage, commissioning, installation, use and maintenance of the tracker;
  • you alter or repair the tracker without our written consent;
  • where the SIM provided with the Product is removed, replaced or used with any other device whatsoever;
  • the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal use.
  1. DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

  • Except to the extent specifically provided in this EULA or in the Product’s Warranty, use of the Product is at your sole risk and is provided on an “as is” basis (except only to the extent prohibited under applicable law with any legally required warranty period);
  • You use the Products at your own risk, and TrackieX is not responsible for any damage to your TrackieX GPS tracker or any data lost as a result; and
  • No advice or information obtained from TrackieX other than the documentation provided with the Products shall create any warranty not stated in this EULA.
  1. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE PRODUCT, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT TRACKIEX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE PRODUCT.

  1. UPDATES TO THE EULA

TrackieX reserves the right, at its discretion, to change, modify, add or remove portions of this EULA at any time by posting the amended EULA on the TrackieX website (www.trackiex.com).  It is your responsibility to periodically check the EULA for updates or changes.  Unless otherwise stated, all amended terms shall be effective immediately after they are initially posted.  You will be deemed to have accepted any changes to the EULA by continuing to use the Product.

  1. APPLICABLE LAW

This EULA and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Democratic Socialist Republic of Sri Lanka without any reference to conflict of laws principles. The courts of the Democratic Socialist Republic of Sri Lanka will have exclusive jurisdiction over any claim arising from, or related to this EULA although we retain the right to bring proceedings against you for a breach of these conditions in your country of residence or any other relevant country.

  1. CONTACT

Questions, comments and requests regarding this EULA should be sent by e-mail to support@trackiex.com or by mail using the details provided below:

TrackieX (Pvt) Ltd,
42, 3/4, Rudra Mawatha,
Colombo-06,
Sri Lanka.

Know Your Children are Safe Wherever They Go

Know Your Children are Safe
Wherever They Go