I2TC believes in transparency and exposes to you our terms of use agreement
This Terms of Use Agreement (The Agreement) governs the terms and conditions pursuant to which I2TC agrees to provide you with precision tracking and locating services which receives global positioning satellite (GPS) signals and communications via wireless and web-based networks. You hereby irrevocably agree, by affixing your signature on the present Agreement, to the terms and conditions in this Agreement with respect to the use of I2TC services as described herein.
  1. Service limitations

    I2TC provides precision tracking and locating services which receives global positioning satellite (GPS) signals and communications via wireless and web-based networks. The availability and use of I2TC services are subject to many limitations, including but not limited to the following:

    1. Services are available only if subscription payment has been made;
    2. Services are available only if your vehicle ignition is on and your vehicle battery is charged and connected;
    3. Services are available only if you are within operating range of the designated wireless network;
    4. Services may be impaired by web-based and wireless communications problems caused by atmospheric or topographical conditions, busy cells, capacity limitations, equipment problems, equipment maintenance, and other factors and conditions;
    5. Services may be affected by inherent limitations of your vehicle's electrical system and architecture, or if any of the components of your vehicle's I2TC Unit has been damaged or is defective;
    6. Services are not available if the GPS system is not working or the signals are obstructed; and
    7. Services may be limited to geographic areas where map data is available in Google map databases, which may be less than that which is otherwise generally available. UNDER THIS CIRCUMSTANCE, SOME OR ALL OF THE I2TC SERVICES MAY BE SUSPENDED OR TERMINATED WITHOUT ANY LIABILITY TO THE UNDERLYING WIRELESS CARRIER AND/OR TO ANY THIRD PARTY BENEFICIARY AND WITHOUT PRIOR NOTICE TO YOU ,.


     
  2. Termination or transfer of services

    You or any subsequent owner of your vehicle may terminate your account for I2TC GPS Tracking Services to your vehicle, upon submission of the proper and required documentation to I2TC. You may transfer the I2TC services to another properly equipped vehicle owned or leased by you, or you may transfer the I2TC services to a subsequent owner of your vehicle upon submission of proper and mandatory transfer documentation to I2TC. I2TC will charge a fee to transfer the services. The use of the I2TC GPS Vehicle Location Services by a subsequent owner will constitute the agreement of the subsequent owner to be bound by the terms and conditions contained herein.


     
  3. Duties

    You hereby irrevocably agree to:

    1. be fully responsible for the protection of your password;
    2. follow the instructions for use of the I2TC GPS device units and the I2TC web-based services
    3. furnish all contacts and other information requested by I2TC and notify I2TC immediately of any change in the information or in the ownership of your vehicle
    4. properly maintain your vehicle and I2TC GPS devices
    5. not use the I2TC services in violation of any laws or for any unlawful or abusive purpose (f) refrain from using the I2TC automatic tracking services in any manner that could harm the company, the underlying wireless carrier or any other person and (g) use the map, routing and other content included in the I2TC GPS Tracking Services only for your own personal use and abstain from reselling, retransmitting and/or modifying the information and content.


     
  4. Service duration

    The initial term of this agreement is one year, or the longer period you have selected in the Service Plan. This agreement will automatically be renewed for a successive one-year renewal terms, unless you serve a prior written notice of cancellation/termination to I2TC of at least 30 days before the beginning of the next renewal term. You may cancel the service by sending a written cancellation notice to I2TC. You must provide your password to cancel the service. I2TC will endeavor to notify you prior to the beginning of each renewal period. I2TC will serve you a written notice by email at least 45 days before the beginning of any renewal term in the event I2TC is changing the subscription fee or any of the I2TC Tracking Services included in your Service Plan. In such case, if you fail to deliver a cancellation notice on time in the event you disapprove the change in the subscription fee or in the I2TC Tracking Services included in your Service Plan , then your I2TC services shall continue and be renewed automatically and you will be liable to pay charges for the next year.


     
  5. Subscription Fee

    The subscription fee for the Service Plan you have selected is payable in advance before the date of the initial term or any renewal term thereafter. The subscription fee is not refundable and you hereby reckon the same.


     
  6. Taxes and Other Charges

    You are liable for and irrevocably agree to pay all sales and telecommunications taxes, and all other taxes, fees, levies and charges of any kind whatsoever related thereto and that shall be imposed on you, by I2TC, in connection with the purchase and installation of the I2TC GPS Device unit and the provision and use of the I2TC GPS Tracking Services. The taxes, fees and charges (if any) will be added to your bill.


     
  7. Wireless Network Charges

    Except as stated hereinabove, you are liable for and agree to pay all telecommunications costs, including wireless access and airtime charges, associated with I2TC GPS Tracking Services to your vehicle. The costs will be added to your bill.


     
  8. Termination or Modification for Excessive Use

    If I2TC determines that your usage of the I2TC GPS Tracking Services is so excessive that it interferes or could interfere with I2TC ability to provide timely, high-quality telematics services to its other subscribers, or if I2TC determines that your usage constitutes a nuisance or is otherwise not consistent with the terms of this agreement, then I2TC may, at its sole discretion, suspend, modify or terminate the I2TC GPS Positioning / Tracking Services provided to you, without any prior notice. These rights are in addition to those stated hereafter under the title "Default and Termination."


     
  9. Responsibility in Emergency Situations

    It is specifically understood by the parties that I2TC GPS Tracking Software is confined only to the extent of recording of real time movements of vehicles etc. and generating reports based on the data received by the server through GPS mechanism. I2TC is not at all liable for any consequences whatsoever on account of any "S.O.S." or panic alerts triggered by the device in case of any emergency. When I2TC receives an "S.O.S." signal from your vehicle, I2TC will attempt to determine if an emergency exists. If I2TC believes an emergency exists, I2TC will attempt to contact a public safety provider or answering point to request assistance. I2TC will also attempt to call one of your third party emergency contacts. Nevertheless, attending to SOS calls is not covered by this Agreement. Instead, such SOS calls may be attended to by I2TC purely on humanitarian consideration without any consequential responsibility of any kind whatsoever. Neither I2TC, nor resellers nor the underlying wireless carrier guarantee hereby that I2TC will successfully contact the appropriate emergency agency or your third party emergency contacts, or that emergency personnel will respond to the call or locate your vehicle. Neither I2TC, nor any resellers nor the underlying wireless carrier is responsible for any failure or delay in responding to an emergency or for the quality of service delivered or any consequence thereof, whether the failure is the fault of I2TC, the underlying wireless carrier or any third party service provider. You hereby irrevocably agree to release I2TC, resellers and the underlying wireless carrier from all and any liabilities and losses of any kind whatsoever (including physical injury or death) that you or others may suffer in an emergency situation.


     
  10. Special Information Concerning Wireless Service

    You do not have any right in the wireless phone number assigned to your I2TC GPS Device Unit. I2TC can change the number at any time. As a condition to providing wireless service, the Underlying Wireless Carrier requires that you agree to the following terms: "That you have no contractual relationship whatsoever with the Underlying Wireless Carrier and that you are not a third-party beneficiary of any agreement between I2TC and the Underlying Wireless Carrier. IN ADDITION, YOU EXPRESSLY AND IRREVOCABLY AGREE THAT THE UNDERLYING WIRELESS CARRIER HAS NO LEGAL, EQUITABLE, OR ANY OTHER LIABILITY OF ANY KIND TOWARDS YOU."


     
  11. Default and Termination

    If you fail to pay any amount due under this agreement one time, I2TC may terminate this agreement at it sole discretion upon a 10 days written notice sent to you by email. If you breach any other term of this agreement, I2TC may terminate this agreement upon a 30 days written notice sent to you by email. If I2TC brings an action to enforce its rights against you, you agree to pay all reasonable costs of enforcement, including attorneys' fees. IF I2TC TERMINATES THIS AGREEMENT, YOU WILL NOT BE ABLE TO ACCESS ANY OF THE I2TC SERVICES, AND YOU WILL NOT BE ENTITLED TO A REFUND OR CREDIT AND YOU HEREBY IRREVOCABLY AGREE ON THE SAME.


     
  12. Force Majeure

    I2TC will not be responsible for the failure to provide you with I2TC Vehicle / Personal Tracking Services if such failure is due to any of the following force majeure events:

    1. any act or omission of any wireless carrier (including interruption of cellular service),
    2. any emergency agency or any other third-party service or product provider,
    3. equipment failures or shortages,
    4. damage to the I2TC web-based network,
    5. any wireless communication networks or the GPS system,
    6. acts of nature (natural calamity e.g., earthquake, hurricane, floods etc.), labor strikes, civil commotion, riots or war;
    7. or any other act or event of any kind whatsoever that is beyond the reasonable control of I2TC. UNDER ANY OF THESE CIRCUMSTANCES, I2TC MAY AT ITS OPTION SUSPEND OR TERMINATE ALL OR SOME OF THE I2TC GPS TRACKING SERVICES OR TERMINATE THIS AGREEMENT ALTOGETHER WITHOUT ANY PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY. MOREOVER, YOU WILL NOT BE ENTITLED TO A REFUND OR CREDIT OF THE FEE AND CHARGES ALREADY PAID TO I2TC AND YOU HEREBY AGREE ON THE SAME.


     
  13. Disclaimer of Warranties

    I2TC limited warranty extends only to the I2TC GPS Tracking Unit sold by it, and does not cover in any case whatsoever, the I2TC services or the wireless service. EXCEPT FOR THE TRACKING UNIT'S LIMITED WARRANTY, NEITHER I2TC NOR ANY RESELLERS OR ANY THIRD PARTY BENEFICIARY MAKES ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICES (INCLUDING ANY CONTENT OR OTHER INFORMATION DELIVERED TO YOU AS PART OF THE SERVICES),THE WIRELESS SERVICE OR THE I2TC UNIT, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL WARRANTIES WITH REGARDS TO THE GPS TRACKING SERVICES, THE WIRELESS SERVICE OR THE UNIT, ARE EXPRESSLY DISCLAIMED.


     
  14. Limitations of Liability

    1. The I2TC services are provided to you merely as a convenience and are not intended as a substitute for insurance. The amount of fees and other charges for I2TC services are not related to the value of your vehicle or its contents or to the potential cost of any injury or loss suffered by you or anyone else. You should obtain and maintain adequate insurance covering such injuries and losses. YOU AGREE TO RELEASE I2TC, resellers and the underlying wireless carrier AND EACH THIRD PARTY BENEFICIARY FROM ALL CLAIMS, LIABILITIES AND LOSSES IN CONNECTION WITH THE I2TC SERVICES, INCLUDING, BUT NOT LIMITED TO CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM THE TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF THE I2TC SERVICES, EVEN IF CAUSED BY THE NEGLIGENCE OF I2TC OR THE MALFUNCTION OF THE I2TC UNIT. YOU AGREE TO INDEMNIFY I2TC, the underlying wireless carrier AND EACH THIRD PARTY BENEFICIARY AGAINST ALL SUCH CLAIMS, LIABILITIES AND LOSSES BROUGHT BY THIRD PARTIES. YOU FURTHER AGREE THAT THIS RELEASE EXTENDS TO ANY PARTY CLAIMING UNDER YOU AND THAT NO INSURANCE COMPANY WILL HAVE ANY RIGHT OF SUBROGATION.


       
    2. NEITHER I2TC, the underlying wireless carrier, NOR ANY THIRD PARTY BENEFICIARY WILL BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) IN CONNECTION WITH THE I2TC TRACKING SERVICES OR THE I2TC UNIT, EVEN IF I2TC, the underlying wireless carrier, OR THE THIRD PARTY BENEFICIARY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY TO ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS IN CONTRACT AND TORT (SUCH AS NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY).


       
    3. IF I2TC, the underlying wireless carrier, OR ANY THIRD PARTY BENEFICIARY IS FOUND LIABLE TO YOU FOR ANY REASON, YOU AGREE THAT THE AGGREGATE LIABILITY OF ALL THESE PARTIES TO YOU FOR ANY CLAIM IS LIMITED TO THE TOTAL AMOUNT PAID BY YOU FOR THE I2TC GPS TRACKING SERVICES DURING THE PRECEDING TWELVE MONTHS FROM THE DATE OF CAUSE OF ACTION OF YOUR CLAIM. NEITHER I2TC, nor the underlying wireless carrier NOR ANY THIRD PARTY BENEFICIARY WOULD HAVE AGREED TO PROVIDE THE I2TC GPS TRACKING SERVICES TO YOU IF YOU DID NOT AGREE TO THIS LIMITATION. THIS AMOUNT IS THE SOLE AND EXCLUSIVE LIABILITY OF I2TC, or the underlying wireless carrier OR THE THIRD PARTY BENEFICIARIES TO YOU, AND IS PAYABLE AS LIQUIDATED DAMAGES AND NOT AS A PENALTY EXCEPT WHERE PROHIBITED BY LAW, YOU MAY NOT BRING ANY CLAIM AGAINST I2TC, or the underlying wireless carrier OR ANY THIRD PARTY BENEFICIARY MORE THAN ONE YEAR AFTER THE CLAIM ARISES.


       


     
  15. Security on Wireless Network

    The I2TC services employ wireless telephone networks that use radio channels to transmit voice and data. Therefore, neither the privacy nor security of conversations or data over the wireless telephone networks can be guaranteed.


     
  16. Privacy and Subscriber Data

    I2TC will not record, monitor or track your vehicle's location or other information unless you subscribe for I2TC GPS Tracking services, or, if required by a validly issued governmental order.

    1. You agree that in conjunction with the provision of emergency, security, roadside assistance and other I2TC GPS Positioning services, I2TC may create an electronic or other record of your vehicle's location, description, direction of travel and other parameters, diagnostics data, and of any incidents involving your vehicle. Your vehicle is also equipped with sensing and diagnostics modules capable of transmitting certain vehicle data or information. You agree that these records, your personal information provided with this form and your account information may be retained by I2TC and furnished to the underlying wireless carrier and to third party service providers (i.e. emergency responders, concierge service providers). Your consent to the use by us and by third party service providers of these records and your account information for the purposes of providing I2TC GPS Location Services to you and occupants of your vehicle, enabling I2TC to maintain communication with you as a customer, and administering your account. Personal information shall not be used or disclosed for any other purpose. If you cancel I2TC GPS Location services, all personal information, but not necessarily vehicle information, will be retained only as long as necessary for the fulfillment of the aforementioned purposes or for a period necessary to complete billing or comply with applicable laws. You also consent to I2TC or our dealers and resellers, contacting you or other occupants in your vehicle or at your mailing or electronic address or at your home or business phone number on file regarding I2TC GPS Tracking services or to discuss your account.


       
    2. You understand that, for quality assurance purposes, I2TC may monitor and record conversations between the I2TC GPS Tracking System response center (if any) and your vehicle's occupants. Additionally, if stolen vehicle recovery is requested or if approached by any Government or any law enforcement agency, I2TC response center specialists may listen to and/or record conversations of the vehicle's occupants without their knowledge in order to assist in recovering the vehicle. YOU CONSENT TO SUCH MONITORING AND RECORDING AND YOU RELEASE I2TC AND THE UNDERLYING WIRELESS CARRIER FROM CLAIMS, LIABILITIES AND LOSSES THAT MAY RESULT AS A CONSEQUENCE OF ANY SUCH MONITORED AND/OR RECORDED CONVERSATIONS.


       
    3. YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL AND VEHICLE INFORMATION AS DESCRIBED IN THE I2TC GPS TRACKING SYSTEM PRIVACY POLICY, which may change periodically. You may obtain a current copy of the I2TC Privacy Policy and/or request to review or change your personal, vehicle and account information by contacting I2TC.


       
    4. I2TC may be legally compelled to provide location data and other information obtained through the I2TC GPS Tracking system to law enforcement agencies. You release I2TC from any claim or liability based upon such disclosure of information under compulsion of law.(e) Comments or questions regarding the I2TC GPS Tracking System Privacy Policy should be sent to I2TC. For Privacy Policy please visit http://www.i2tc.com/pp.


       


     
  17. General Legal Matters

    Notices must be given in writing unless the receiving party expressly permits verbal notice. Notices to you will be deemed given if sent to you by email, or deposited in the postal mail, postage prepaid, addressed to you at the last known address as shown on the records of I2TC. Notices to I2TC shall be deemed given when received at I2TC Office, or by email to notice@i2tc.com. , attn: I2TC Operations and Customer Service.

    Assignment: We may assign this agreement in whole or in part without notifying you.

    Entire Agreement: This Agreement

    1. constitutes the entire understanding between the Parties hereto and replaces and
    2. supersedes all prior arrangements between the Parties with respect to the content of the present Agreement and
    3. is intended to be the complete and exclusive statement of the terms and conditions of their understanding and
    4. shall be prevailing on any previous agreement of any kind whatsoever entered into between the Parties and related to the matter hereof. Any amendment to this Agreement must, to be effective, be in writing and signed by an authorized representative of each party.

    Variations and Additions: This Agreement may only be further varied or added to by written agreement signed by each of the parties hereto and expressly stated therein to be or intended to be a variation of or addition to this Agreement.

    Severability: Except as expressly provided to the contrary, each section, paragraph, term and provision of this Agreement, and any portion thereof, shall be considered severable and if, for any reason, any such provision of this Agreement is held to be invalid, contrary to public policy, or in conflict with or contrary to any applicable present or future law or regulation or otherwise unenforceable by a court, then such provision shall be deleted from this Agreement and the remainder of the Agreement will remain legal, valid and enforceable. The deleted provision shall be replaced by a valid new provision negotiated by the parties, having as nearly as legally possible the same economic and business effect as the illegal or unenforceable provision was intended to have.Any provision or provisions of this Agreement, which shall cease to have effect for any reason during the Term, shall not effect or impair the remaining provisions, which shall remain in full force and effect.

    Governing Law and settlement of Disputes: The validity, interpretation and implementation of the present Agreement and any disputes, controversy, claim, or question between the Parties arising out of, or in connection with, or in relation to, the validity, interpretation, performance or non performance of this Agreement, or any breach by either Parties of the rovisions of the present Agreement, shall be (i) determined, governed by and construed in accordance with the United Arab Emirates (UAE) applicable laws and regulations governing the content of the Agreement and (ii) resolved by the Dubai International Arbitration Center (DIAC).

    Enforceability: This agreement, including disclaimer of warranties and limitations of liability, will be enforceable against your heirs, successors and assigns.

    Execution in Counterparts: This Agreement shall be executed in two counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument.

    If you no longer have access to the subscriber agreement you consented at the time service was activated, please contact I2TC Customer Care to obtain a replacement copy.


     
For Acceptance: Signature of the Client
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