Terms and Conditions of Use
This agreement is entered into between:
- Cluster Of Things LLC. Delaware, United States. Referred to as “Latam GPS”.
- Any person or company, individual or professional, private or public entity wishing to receive one or more services from Latam GPS, hereinafter referred to as the “CLIENT”.
And shall be governed by the following clauses:
FIRST
Latam GPS agrees to provide the CLIENT with professional services consisting of renting satellite tracking servers or an account on a shared server for the purpose of serving as a reception repository for location data sent by tracking devices.
SECOND
The CLIENT acknowledges that the obligation of Latam GPS is one of means and not of result; Latam GPS will apply all its effort and professional expertise in order to achieve the intended objectives.
THIRD
The CLIENT undertakes under oath to provide truthful and timely information regarding background details, documents, and all supporting elements that may assist Latam GPS in its work, as well as committing not to sublicense or re-grant the services contracted from Latam GPS.
FOURTH
The CLIENT shall pay Latam GPS in full, as payment for the service provided, the amount corresponding to their subscription for the period described in their package.
FIFTH
The CLIENT acknowledges that the standard tracking location history for devices will be ninety (90) days. Devices must be configured to report locations every minute. These values may be modified to fit the client’s needs upon prior notice and price adjustment if necessary.
SIXTH
The CLIENT understands that they must configure their tracking devices according to the models they have chosen to use, and declares full knowledge of the methods required to configure them. Latam GPS undertakes to maintain a list of compatible devices published on its website.
SEVENTH
The CLIENT understands that under no circumstances shall Latam GPS be held liable for the use given to tracking servers or tracking accounts. The servers are offered with a guaranteed uptime reliability of 99.95% and are located in Canada, hosted by OVH Hosting, Inc., based in Montreal. Support for our services will be provided by creating a ticket on our websites in the dedicated section.
EIGHTH
The CLIENT is directly aware that payments must be made during the first five (05) days of each month. If payment is not made within this period, the service will be suspended until payment is cleared. If payment is not received by the tenth (10th) day, it will be considered that the client has chosen to discontinue the service, and the server along with all associated data will be deleted, with no possibility of recovery. This contract will be rendered null and void if the client fails to pay.
NINTH
Therefore, this contract constitutes an enforceable instrument for the payment and subsequent collection of the fees agreed upon with Latam GPS.
TENTH
Latam GPS reserves the right to unilaterally terminate the provision of service in the event of detecting improper use of our IT systems, as well as the exploitation of security vulnerabilities. In the event of service termination, no refund will be issued under any circumstances for services rendered or yet to be rendered. Latam GPS also reserves the right to take any administrative or legal action it deems necessary.
ELEVENTH
The CLIENT declares having received sufficient explanation from Latam GPS regarding the contingencies of their claim, their rights, and having understood the clauses of this contract, whose content is true, clear, and unambiguous. The mere use of Latam GPS services signifies acceptance and compliance by the CLIENT.