Terms of Use

Privacy Policy

The Privacy Policy describes processing performed by TrackeraX. Each instance operator must disclose its own processing and assist its users. Accepting a contract does not replace data authorizations that the law requires separately.

Eligibility

You must be an adult with capacity to contract or have sufficient authority to act for your organization. Contract information must be accurate and kept current; relevant inaccuracies will be clarified through the contact channel before measures are taken, except for fraud or urgent risk.

Confidentiality

Each party must protect credentials and confidential information it accesses. Customers manage users, permissions and authorized access and must report incidents promptly. TrackeraX will limit support access to agreed purposes and authorizations. Sharing credentials does not remove either party’s security duties or automatically make the customer responsible for events beyond their control.

Intellectual Property

Rights in TrackeraX’s proprietary developments belong to their lawful owner. Customers retain their brands, data, content and own customizations under the agreement; third-party components retain their own licenses and owners. The license permits white-label services but not appropriation of the base product or distribution of unauthorized installations. Details are in the Software License and Intellectual Property policy.

Restrictions

Unauthorized access, fraud, unlawful tracking, attacks and unauthorized extraction or redistribution of the product are prohibited. Documented APIs and authorized automation may be used within service permissions, limits and conditions. White-label GPS services and legitimate backups are governed by the Software License. Mandatory rights and permissions granted by third-party licenses are not restricted.

Legal GPS Tracking Use

The customer declares that it will use TrackeraX only for authorized, legitimate tracking in compliance with applicable law. Covert tracking, non-consensual surveillance, harassment, stalking or any use that violates third-party rights is prohibited.

Customer Compliance Responsibility

The customer is responsible for obtaining the consents, employment-related permissions, vehicle owner authorizations, internal policies and legal bases required for the use of GPS devices, monitoring, reporting and data processing.

Data Roles and Responsibility of Each Instance Operator

Each TrackeraX license is deployed as an independent instance (white-label platform) operated by its licensee. The licensee and the administrators of each instance are the data controllers for their end users, drivers, vehicles, devices, GPS positions, files and communications managed on their platform, and are responsible for publishing their own privacy policy, obtaining consents and handling their users' rights. TrackeraX acts as a software provider and, only when it provides contracted hosting or support, as a data processor on behalf of the licensee. TrackeraX does not sell, exploit or access that data except on the licensee's instruction, in a security incident or under a legal requirement.

User Content and Uploaded Files

The software allows uploading and storing content: logos, images, photos, videos, documents, maps, icons, geofences, points of interest, templates, text and any other file (“User Content”). You retain ownership of your User Content and grant TrackeraX a limited, non-exclusive, revocable license to host, process and display it solely to provide the service. You represent and warrant that you hold all rights, licenses and authorizations for the content you upload and that it does not infringe copyright, trademarks, image, privacy or other third-party rights, nor contains illegal, defamatory, malicious or unauthorized material. The uploader is solely responsible for the content. TrackeraX does not pre-screen User Content, does not guarantee its accuracy or legality, assumes no liability for it, and may remove it, block it or suspend accounts upon receiving a valid notice or detecting misuse.

Notice and Takedown of Infringing Content (DMCA)

TrackeraX respects the intellectual property of others and responds to notices of alleged infringement under the Digital Millennium Copyright Act (DMCA, 17 U.S.C. § 512) and applicable law. If you believe that content hosted on trackerax.com or on an instance hosted and administered by TrackeraX infringes your copyright, send a written notice to our designated agent:

The notice must include:

• Identification of the copyrighted work claimed to be infringed (or a representative list if several).
• Identification of the material to be removed and information sufficient to locate it (exact URL, instance domain, file name or screen).
• Your contact details: full name, address, telephone and email.
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law.
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
• Your physical or electronic signature.

Upon receiving a complete notice, TrackeraX will remove or disable access to the identified material within a reasonable time, notify the user who uploaded it and allow a counter-notification meeting the requirements of § 512(g). If we receive a valid counter-notification, the material may be restored 10 to 14 business days later unless the claimant shows it has filed a court action. False or bad-faith notices may give rise to liability for damages and costs under § 512(f). TrackeraX terminates, in appropriate circumstances, the accounts of repeat infringers.

On instances operated and hosted by the licensee on its own infrastructure, the instance operator is responsible for handling notices about its users' content. TrackeraX will forward any notice it receives to the operator and may suspend the license if the operator fails to address well-founded claims.

Use of Artificial Intelligence

Disclosure: TrackeraX uses artificial intelligence. (1) AI features in the product: the platform and apps may include AI-assisted features such as the AI assistant/chat, text generation or summaries, suggestions, classification and analysis of operational data, delivered through third-party models. AI-generated output may be inaccurate, incomplete or unsuitable; it is offered as support, not as professional advice, and you must verify it before making decisions with legal, safety, employment or financial effects. (2) AI in development: TrackeraX uses AI tools to develop, review and document software modules and to generate translations, text, images and illustrations for the site and apps, always under human review and supervision. AI features may be enabled, limited or withdrawn by each instance operator and by TrackeraX at any time.

Third-Party Components, Content and Services

The GPS protocol engine is proprietary, custom-built and developed by TrackeraX. TrackeraX is a software product that integrates third-party components: open-source libraries and frameworks (for example the Laravel framework, under the MIT license), map and geocoding providers, app stores, payment gateways, SMS, email and messaging gateways, AI services, fonts, icons, images, templates, plugins and modules. Those components are governed by their own licenses and terms, which you accept by using them; their owners retain all rights and their trademarks belong to them. TrackeraX does not guarantee the availability, continuity, accuracy or compatibility of third-party services, and any fees, quotas or licenses they require are borne by the licensee unless otherwise agreed in writing.

Suspension and termination

Usage or security breaches follow the suspension and termination procedure in the Software License; non-payment follows the Business Terms. Customers may request review at admin@trackerax.com. Suspension does not authorize disclosure or deletion of their data as a penalty and does not prevent the exercise of legal rights.

Disclaimer

Tracking depends on devices, mobile coverage, GNSS signals, infrastructure and external providers; continuous availability and absolute accuracy are not guaranteed. TrackeraX does not replace emergency services or guarantee prevention of theft, accidents or losses. These limitations do not exclude expressly assumed contractual duties or warranties and liabilities that cannot lawfully be excluded.

Indemnification

Each party is responsible for damages and third-party claims legally attributable to it. Customers must hold the permissions required for tracking and content they supply. A party receiving a claim will notify the other and allow its defense; neither may settle in the other’s name without authorization. This clause does not transfer TrackeraX’s own liability to the customer.

Limitation of Liability

To the extent permitted by law, indirect damage and lost profits not legally attributable to TrackeraX are excluded. For liabilities that may lawfully be limited, the aggregate cap is the amount actually paid for the affected service or license in the twelve months preceding the event; for a perpetual license, the cap will not be lower than the price paid for that license. Liability for willful misconduct, gross negligence and legally non-excludable duties or rights is not limited. Third-party failures do not excuse TrackeraX’s own assumed obligations.

Changes to Terms of Use

New terms will be published with an update date. Material changes will be communicated to the contractual contact before application and require acceptance when appropriate. They will not apply retroactively to reduce rights under earlier contracts, and continued use does not imply waiver of mandatory rights.

Notices

Contractual and legal communications go to admin@trackerax.com and the customer’s designated contact. Evidence of sending and receipt will be retained where necessary. Customers must keep that contact current. This does not replace legally required forms or deadlines for notice.

Governing Law

These Terms of Use and all TrackeraX legal documents are governed by and construed in accordance with the laws of the Republic of Colombia, without regard to its conflict-of-law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.

Arbitration and legal rights

Contract disputes eligible for arbitration may be submitted to the Arbitration and Conciliation Center of the Bogotá Chamber of Commerce, before a sole arbitrator, in Spanish and seated in Bogotá, where the parties have a valid arbitration agreement. This clause does not impose waivers of collective actions, consumer claims, recourse to data protection authorities or other non-waivable rights. Without a valid arbitration agreement, the legally competent authority or court will hear the dispute. Either party may seek urgent measures to protect its rights before the competent authority.

Dispute Resolution

The parties will seek to resolve the dispute through good-faith negotiation for thirty calendar days from written notice. That period does not prevent urgent measures or suspend legal deadlines, and does not restrict reports, claims before authorities or truthful reviews. If no agreement is reached, the arbitration clause or the legally competent jurisdiction applies.