Terms of Service

Last Updated: May 20, 2025

1. Acceptance of Terms

By accessing or using the services of TrackAlways Africa ("Company," "we," "our," or "us"), including our website, vehicle tracking systems, and fleet management solutions, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you should not use our services.

2. Description of Services

TrackAlways Africa provides vehicle tracking, fleet management, fuel monitoring, and video telematics solutions designed for businesses in East Africa. Our services include hardware devices, software applications, and related support services.

3. Account Registration and Security

To use certain features of our services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

4. Equipment and Installation

If you purchase or lease our tracking devices or other hardware:

• Installation must be performed by authorized personnel to maintain warranty coverage
• You are responsible for maintaining the equipment in good condition
• Tampering with devices may void warranties and violate these Terms
• Hardware remains the property of TrackAlways Africa in lease arrangements

5. Subscription and Payment Terms

Our services are offered on a subscription basis. By subscribing to our services, you agree to the following:

• Payment of all applicable fees as described in your service agreement
• Recurring billing for subscription services until canceled
• Responsibility for all taxes associated with your purchase
• Potential price changes with 30 days' notice

Failure to make timely payments may result in suspension or termination of services.

6. Termination and Cancellation

Either party may terminate the service agreement according to the terms specified in your contract. Upon termination:

• You must return all leased equipment in good working condition
• Access to software platforms and data will be discontinued
• Early termination fees may apply as specified in your contract

7. Acceptable Use

You agree not to use our services for any unlawful purpose or in any way that could damage, disable, overburden, or impair our services. Specifically, you agree not to:

• Use our services for unauthorized surveillance or tracking
• Violate any applicable laws or regulations
• Infringe on the privacy rights of others
• Attempt to gain unauthorized access to our systems
• Reverse engineer or decompile our software or hardware
• Resell or redistribute our services without authorization

8. Data Usage and Privacy

Our collection and use of your data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to the data practices described in our Privacy Policy.

You are responsible for obtaining all necessary consents from vehicle operators and ensuring compliance with local privacy laws regarding vehicle tracking.

9. Intellectual Property

All content, features, and functionality of our services, including but not limited to software, text, graphics, logos, and icons, are owned by TrackAlways Africa or our licensors and are protected by intellectual property laws.

We grant you a limited, non-exclusive, non-transferable license to use our services solely for your internal business purposes in accordance with these Terms.

10. Limitation of Liability

To the maximum extent permitted by law, TrackAlways Africa shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, resulting from your use of our services.

Our total liability for any claim arising out of or relating to these Terms shall not exceed the amount paid by you for the services during the twelve (12) months preceding the claim.

11. Warranty Disclaimer

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that our services will be uninterrupted, error-free, or secure, or that any defects will be corrected.

12. Indemnification

You agree to indemnify, defend, and hold harmless TrackAlways Africa and our officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of our services or your violation of these Terms.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms shall be resolved through binding arbitration in Nairobi, Kenya, in accordance with the rules of the Nairobi Centre for International Arbitration.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website or through other communication channels. Your continued use of our services after such changes constitutes your acceptance of the revised Terms.

15. Contact Information

If you have any questions about these Terms, please contact us at: