[Btracking](https://agents.btracking.com) › Terms & Conditions

# Terms & Conditions

> From **Btracking**'s guide content. Source: https://btracking.com/terms-conditions/?xpay_ref=sidecar_article

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# Terms & Conditions

## Btracking Master Subscription Agreement

This Master Subscription Agreement (“Agreement”) sets forth the legally binding terms and conditions for your use of products and services provided by Nexcelerate, LLC dba Btracking.com and its associated service providers (collectively “Btracking”). By placing an order, making payment, and using Btracking products and services, you, the organization you are associated with or authorized by, and your clients (collectively the “Customer”), agree to be bound by all terms and conditions of use as set forth herein. Btracking may modify this Agreement from time to time by posting them on this website with the revision date. Please check this website regularly to view the current Agreement. If you do not agree to this Agreement at any time, stop using our products and services, and contact us to arrange for the return of devices. Otherwise, your continued use of Btracking products and services constitutes your acceptance of this Agreement.

## 1\. Definitions

**“Activation”** is the process of initiating and configuring a device, sim activation, testing and otherwise preparing a device for use on the Btracking platform for a specific Customer account. A Fee may be charged for this service.

**“Customer Data”** is electronic data or information submitted, uploaded, imported or otherwise made available by Customer through the Services.

**“Device”** is a hardware product provided by Btracking and includes GPS trackers, cameras, wiring, sims, firmware and configuration programming installed onto devices, and associated accessories and other hardware provided in connection with the Services.

“Device Buyout Fee” is the the fee charged when a Customer with a “Free Tracker” or a “No Equipment Fee” subscription purchases or fails to return the device. 

**“Documentation”** is Btracking provided user manuals, installation guides and other instructions for using the Software and Devices, as updated from time to time.

**“Fleet Account”** is the entirety of Subscriptions the Customer has with Btracking.

**“Free Tracker”** Subscription is a _**rental device**_ provided by Btracking and is the property of Btracking until retuned or purchased.

**“Order Form”** is a contract, or a Btracking invoice, and any additional forms signed by both parties on or after the Effective Date that reference this Agreement.

**“Purchased Device”** isa Device bought and paid for by Customer, and is the property of Customer. Activation is included in the price of a Purchased Device.

**“Services”** or **“Service”** is access to Btracking Software, mobile apps, hardware, help articles and videos, technical assistance, installation and operation guides and manuals, and any related service provided to Customer by Btracking.

**“Software”** is any Btracking proprietary GPS fleet tracking and fleet management cloud-based mapping application system and/or app that is made available to Customer under this Agreement.

**“Subscription”** is a period for which Services are provided. Services are made available on a month to month basis unless a longer Subscription Term is agreed to in writing.

**“Subscription Month”** is a month of Services and begins on the day of the month corresponding to the day that a Service for your Fleet Account initially began. 

**“Working Condition”** of a Purchased Device or Rental Device is one for which: the enclosure (case) has not been opened, unless Customer has been specifically directed to do so by Btracking; shows no evidence of tampering; for which software has been not been edited or changed in any way other than by Btracking; has not been used for a purpose for which it is not intended or designed; is not damaged.

**“Unit”** is an item for which Services are provided and includes Hardware and mobile tracking apps.

**“User”** means any individual who, pursuant to the terms of this Agreement, is directly or indirectly authorized by Customer to use the Services, and who has been provided user identifications and passwords.

## 2\. General Terms of Use

Subject to the terms and conditions set forth in this Agreement, Btracking grants Customer a non-exclusive, non-transferable, limited right to access, use and display the data provided by the Services. Btracking hereby authorizes Customer to use the Services only for your commercial use. Customer agrees to comply with all copyright laws worldwide in your use of the Services. Btracking does not grant any express or implied right to Customer under any patents, trademarks, copyrights or trade secret information. No material from Btracking or any Software owned, operated, licensed, or controlled by Btracking or any of its related, affiliated or subsidiary companies may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written permission of Btracking.

If Customer downloads Software from Btracking, and/or data accompanying the Software, the Software, including any files, images incorporated in or generated by the Software, are licensed to Customer by Btracking. Btracking does not transfer title to the Software to Customer. Btracking retains full and complete title to the Software and all intellectual property rights therein.

Btracking is continually updating its Services, adding features, patches, bug fixes and performing other maintenance, and pledges to provide notice where possible of changes that may materially alter the way Customer uses the Services, and Customer agrees to use reasonable efforts to comply with any maintenance requirements that we notify you about. Btracking reserves the right to stop, suspend, or modify the Services at any time without prior notice to Customer.

Btracking does not warranty that the Services are available in Customer’s country. Btracking may restrict access to portions of the Services in certain countries. It is Customer’s responsibility to make sure its use of the Services is legal in Customer’s country. Customer is solely and fully responsible to comply with all applicable privacy and tracking laws and regulations. Customer is solely responsible to obtain consent to tracking where required by the laws of Customer’s jurisdiction. Btracking does not assume any responsibility or liability for Customer’s failure to comply with applicable laws and regulations.

## 3\. Safeguarding Your Account

Customer is responsible for maintaining the security of its accounts. It is Customer’s responsibility to safeguard the login and password that Customer uses to access the Services, Customer agrees not to share any login and password with any third party. Customer is responsible for any activity originating from its account, regardless of whether such activity is authorized by Customer. Notify Btracking immediately of any unauthorized use, actual or suspected, of your account.

## 4\. Information Provided By You

Any personally identifiable information Customer may provide to Btracking via the Services is protected by the Btracking Privacy Policy. Btracking will not lend, sell or otherwise make available, personal information without permission, unless required by law, subpoenas, warrant, or court order. Btracking may disclose personally identifiable information, with or without prior notice to Customer, when Btracking believes that the law requires it, in response to subpoenas, warrant, court order or at the demand of governmental agencies.

## 5\. Correspondence

Btracking maintains and reviews e-mail correspondence that Customer sends to us. Btracking will use (and maintain in a file specific to Customer) the personally identifiable information disclosed in the e-mail. Because such correspondence contains information that is not transmitted through the operation of Btracking Software, it is not subject to the terms of this Privacy Policy.

## 6\. Data and Storage

Btracking servers receive messages from tracked units (GPS/GNSS trackers and phones with a Btracking mobile phone tracking app installed), and record and store the date, time, location and related data of each message. Data is stored for exclusive use by the Btracking customer account in which the unit resides. Btracking may use this data to evaluate, manage and maintain the performance of its systems, software and hardware only. Btracking does not, and will not, disclose, sell, rent or share any data derived from tracked units with any third parties without written authorization from its customer unless legally required otherwise.

Btracking subscriptions include storage of tracking data for a minimum of twelve (12) months. At customer request and for an additional fee, data may be stored for longer terms.

## 7\. Invoicing, Payment and Late Payments

Customer agrees to pay Btracking for Hardware and Services including, without limitation, shipping & handling fees, service fees, convenience fees, administration costs incurred by Btracking if Customer account is past due, plus any applicable federal, state, local, provincial or regulatory taxes or surcharges, incurred in connection with the use of the Hardware and Services.

Btracking may consider applications for payment terms only for Customers with billing over $500 each month for at least 6 consecutive months, at the Customer’s request. Granting of payment terms, if any, is at the sole discretion of Btracking.

**Payment for a Device is due prior to shipping.** Btracking does not offer payment terms for devices. Btracking provides a [Guarantee](https://agents.btracking.com/guarantee) and [Warranty](https://agents.btracking.com/warranty) on devices.

**Payment for Subscriptions is due prior to the start of a Subscription Month, for the upcoming one month of service, unless otherwise agreed with us in writing.** A Subscription Month begins on the day of the month corresponding to the day that Service for your account initially began. Customers are generally invoiced at least 10 business days prior to the due date. Billing is based on the number of Units on our platforms at the beginning of a Subscription Month. Adjustments for Units (Subscriptions) added, suspended or terminated during a Subscription Month, if any, are made on the following month’s invoice. Autopay is required for Customers with monthly billing below $500 in any month during the past 6 months unless other terms have been specifically granted by Btracking in writing. Autopay is payable by credit card, debit card, ACH or PayPal only.

If for any reason Customer’s account is past due Btracking reserves the right to suspend access to the Services until all amounts are paid in full, and generally follows this process:

For Customer accounts 3 business days past due, Help Tickets move to Low Priority (48 hour response).

For Customer accounts 5 business days past due, a $25 late payment fee will be charged; access to Services may be suspended. Devices on a “Free Tracker” Subscription will be charged the Device Buyout Fee whenever payment is 5 business days past due. If the Customer pays the fee and continues service thereafter, it will be as a Purchased Device Subscription.

For Customer accounts 10 business days past due, Help Tickets are placed On Hold; the late payment fee is $25 or 2% per month of the balance owing until paid, whichever is greater; Access to service will be suspended; Devices may be suspended and a $25/unit reactivation fee may apply.

If for any reason a Late Fee is waived and Customer subsequently incurs a Late Fee on another invoice within 4 months, the original Late Fee will be re-billed as well.

For Customer accounts 20 business days past due, Service may be terminated; sim cards in Devices may be terminated; Customer data including tracking history, geofences, reports and other data deleted.

If Customer has a history of late payments, Btracking may suspend service or charge a Late Fee whenever payment is late.

Btracking reserves the right to adjust prices anytime at its discretion and without notice.

## 8\. Subscriptions - Starting, Adding, Suspending, Terminating, Reactivating

Unless otherwise agreed with us in writing, Customer purchases the Services as month by month Subscriptions.

**_Autorenewal: Subscriptions automatically renew for another monthly Subscription Term 10 business days prior to the end of the current Subscription Term._** 

**Start of Subscription:** Subscription begins on the date Service begins for an initial Unit. If a Device is included with the Subscription, Service begins the day after the Device ships.

**Active Units:** For billing purposes, Units active 3 days or more in a Subscription month are considered active for an entire Subscription month. Units active only 1 or 2 days in a Subscription month are not considered active and are not billed in that Subscription month. Devices are shipped active unless other arrangements have been made with us to ship Units suspended.

**Adding Units:** Customer may add Units (Subscriptions) at any time.

**To Suspend or Terminate a “Purchased Device” Subscription – NOT available for “Free Tracker” Plans:** Customer may suspend or terminate a Unit anytime by notifying Btracking in writing (unless otherwise provided for in writing), with the exception that, Customer must maintain at least one active Unit at all times to avoid account closure. Customers do not return Purchased Devices to Btracking. **_Written notice MUST be received at least 10 business days prior to the start of an upcoming Subscription Term in order to suspend or terminate a Unit for the upcoming Subscription Term._** **_If notification is received less than 10 business days prior to the start of an upcoming Subscription Term, Unit will be suspended or terminated for the subsequent Subscription Term._** A monthly fee for Suspended Units applies.

To Terminate a “Free Tracker” Subscription: A Device with a “Free Tracker” subscription is a _rental device_ and remains the property of Btracking until either 1) The Devic…

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