TERMS AND CONDITIONS OF USE, AND LIMITATION OF LIABILITY FOR THE PROSEGUR CLOUD GPS SERVICE
These Terms and Conditions ("Terms") govern the subscription agreement (the "Agreement") for the Prosegur Cloud GPS fleet management service, between Location World S.A. ("Location World"), the technology operator of the service under the Prosegur Cloud GPS brand, and the party receiving the effective provision of the service (the "Client"), and shall also be collectively referred to as "the Agreement".
1 . DEFINITIONS
The following definitions are used throughout these Terms:
1.1 PROSEGUR CLOUD GPS and/or any brand used by a Distributor, Integrator, or commercial channel of Location World S.A., and/or Service: Is the program, application ("Software" or "Application") that provides the ("Service") of monitoring and fleet management of transport vehicles.
1.2 Vehicle Location Terminal: Is an electronic device which may be provided by LOCATION WORLD or may also be provided directly by the CLIENT, which wirelessly transmits the geographical location of the device — previously captured by the GPS (Global Positioning System) integrated into the device — through the wireless data network of a mobile operator. This device is installed in the vehicle in accordance with the procedures and specifications established by LOCATION WORLD S.A. when contracted by the CLIENT, or otherwise must be properly installed for the correct operation of the fleet management service provided by Location World.
1.3 Specialized Fleet Supervision and Monitoring: Is the organization and/or person responsible for tracking and traceability of vehicle location terminals.
1.4 Administrator User / Main User: Also referred to as the account holder and/or Client, and is the only user authorized to manage the vehicle location terminals installed in vehicles and registered in an access account via web access through the Internet.
1.5 Receiver User(s) or Authorized User: Is the user who accesses information about the geographical location of the vehicle location terminal(s), vehicle status, driving habits, vehicle usage variables, and many others, via web or mobile web access through an Internet connection.
1.6 Alert(s): Means the service provided by which the Location World S.A. platform sends notifications directly to a mobile phone designated by the Client or to their email address.
1.7 Associated Components: Refers to the components used in conjunction with the Vehicle Location Terminal, such as antennas, interconnection cables, buttons, readers, sensors, touchscreens, batteries, housings, cables, coverings, and other electronic and non-electronic components.
1.8 Business Hours: Means Monday through Friday, from 8:00 am to 6:00 pm, at the relevant location, excluding public holidays.
1.9 Service Coverage Area: Means the countries and/or territories where the PROSEGUR CLOUD GPS service is available.
1.10 Improvements: Means updates, changes, or enhancements to the Software and/or applications.
1.11 GPRS: Means General Packet Radio Services and is a wireless data communication service based on packet transmission.
1.12 GPS: Means Global Positioning System.
1.13 GSM: Means the Global System for Mobile Communications (either second generation "2G" or third generation "3G").
1.14 License: Means the license of use for the Vehicle Location Terminals when contracted from Location World by the CLIENT, and for the Software granted by Location World S.A. to the Client.
1.15 Web Map Service: Means the map and geo-located content service licensed to Location World S.A. and used by the Services.
1.16 OEM: Means original equipment manufacturer (vehicles).
1.17 Monthly, Annual, etc. Plan and/or Service: Refers to the rate under which the Client accesses the Services.
1.18 SIM Card: Means the subscriber identity module provided by a mobile operator that is inserted into a Vehicle Location Terminal to enable communications.
1.19 Reports: Means the tabular, graphical, and/or geo-graphical reports displayed within the Services.
1.20 Dashboard: Means the control panel that allows users to visualize fleet management indicators through charts and filters.
1.21 Operator: Refers to the GPRS services and SIM Card operator that provides data transmission services between the Vehicle Location Terminals and the Location World S.A. platform.
1.22 Third Party: Means any organization and/or entity that provides services to the Client that are complementary to those provided by Location World S.A.
1.23 Updates: Means software updates, such as bug fixes, patches, enhanced features, new versions, plug-ins, and reports.
1.24 Vehicle: Refers to a vehicle or trailer owned and/or controlled by the Client and designated for the installation of a Vehicle Location Terminal.
1.25 Web Site: Means the PROSEGUR CLOUD GPS website, any subdomain, as well as all other websites associated with or related to the Services.
1.26 Service Agreement: Means the contract established between the Client and Location World S.A. for access to the Services.
2 . CONTRACTUAL RELATIONSHIP
2.1 This contract (the "Agreement") establishes the terms and conditions applicable to the use of vehicle monitoring and fleet management services (hereinafter the "Services" or the "Service"), all of which are owned and managed by Location World S.A. and operated under the Prosegur Cloud GPS brand.
2.2 By accessing the Software and using the Service, it is understood that the individual in their own right, or a legal entity acting through its legal representative or authorized agent, hereinafter "the Client": (i) has legally entered into a contract for the use of the Services with Location World S.A. or any of its subsidiaries, authorized distributors, integrators, or channels; (ii) has accepted the terms and conditions of this Agreement; and (iii) has the legal capacity to enter into this contract, and acknowledges and accepts the scope and extent of the rights acquired and the obligations assumed.
2.3 The Client expressly declares that they know and accept each and every term and condition of this Agreement. Use of the Service is the Client's responsibility and is undertaken at their own risk.
3 . PARTIES
3.1 This Agreement is entered into between Location World S.A., a company duly incorporated under the laws of the Republic of Ecuador, domiciled in the city of Quito, as operator of the Prosegur Cloud GPS service; and the Client, who for the purposes of this "Agreement" is any individual in their own right or legal entity acting through its legal representative or an authorized agent who uses the Service.
4 . TERMS AND CONDITIONS
4.1 In cases where the Client contracts the use of a Vehicle Location Terminal owned by Location World, the latter retains all intellectual and industrial property rights over the device, brands, logos, and associated software. Location World S.A. is not transferring title or any property rights to the Client and reserves all patrimonial and intellectual property rights not expressly granted to the Client. In cases where the Client directly provides the vehicle location terminal and only contracts the fleet management service, the Client shall be directly responsible for its proper functioning and Location World shall bear no responsibility for service failures or errors caused by this arrangement.
4.2 The Client acknowledges that any improvement suggested or requested by the Client for the Vehicle Location Terminal when provided by Location World at the Client's request, associated components, or the Software shall remain the exclusive property of Location World S.A.
4.3 The Vehicle Location Terminal provided by Location World when contracted by the Client may only be removed from a vehicle by the Client after receiving written permission from Location World S.A. The Client may not abandon, sublicense, assign, rent, lease, lend, transfer, or commercialize a Vehicle Location Terminal without prior written agreement with Location World S.A.
4.4 Location World S.A. reserves the right to reasonably inspect the Vehicle Location Terminal for as long as the software is in use.
4.5 Should the Client contract the location terminal, Location World S.A. will install the Vehicle Location Terminal using a designated qualified person, commissioned external personnel, or through a previously qualified third-party company. Location World S.A. shall have the right to subcontract the installation of all or part of the Vehicle Location Terminals and will notify the Client of the details of the designated subcontractor.
4.6 The installation of the Vehicle Location Terminal must be completed within a reasonable timeframe. Location World S.A. may charge the Client a surcharge for waiting time and other installation-related delays caused by the Client's inability to designate the location, date, and details of the vehicles on which installation will take place, or for any cause attributable to the Client.
4.7 The Client acknowledges that to install the Vehicle Location Terminal and/or associated components, if necessary, Location World S.A. or one of its subcontractors may in certain cases drill holes in the exterior or interior of vehicles, and agrees that Location World S.A. shall not be responsible for any costs, expenses, or damages arising in any way from such work.
4.8 The warranty period against manufacturing defects for Vehicle Location Terminals provided by Location World to the Client is one year from the service activation date. All warranty claims must be submitted in writing and accompanied by a technical report issued by Location World S.A., in accordance with the terms and conditions of the Service Agreement between Location World S.A. and the Client.
4.9 The Client is responsible for the security of their access credentials (username and password) to the Prosegur Cloud GPS platform. All actions performed using said credentials shall be considered valid and executed by the account holder.
4.10 The Client agrees to use the Software exclusively for the purposes set forth in this Agreement and in compliance with all applicable laws and regulations.
4.11 The Client may not assign, transfer, sublicense, or otherwise dispose of the rights derived from this Agreement without the prior written consent of Location World S.A.
4.12 The Client acknowledges that access to the Software is conditioned upon timely payment of the fees established in the Service Agreement. Location World S.A. reserves the right to suspend access in the event of default.
4.13 Location World S.A. may update, modify, or improve the Software at any time. Such updates may be applied automatically and the Client must diligently follow the corresponding instructions as soon as reasonably possible.
4.14 The Client agrees not to use the Software or Services for illegal, fraudulent, or immoral purposes, or to transmit viruses, malware, or any code of a destructive nature.
4.15 The Client is responsible for the correct configuration of alerts and notifications within the platform. Location World S.A. does not guarantee that notifications will be delivered 100% of the time, as their operation depends on GPRS network and coverage availability.
4.16 Location World S.A. does not guarantee that the communication and GPS services used will have 100% coverage or functionality in any area at all times.
4.17 The Client acknowledges that data such as vehicle status, speed, traffic conditions, road nomenclature, battery level, fuel consumption, and others may contain inaccurate or incomplete information due to the changing circumstances of the sources used and the nature of data collection.
4.18 The Client may not obtain or attempt to derive the source code or structure of all or any part of the Software by reverse engineering, disassembly, decompilation, or any other means, except by prior written agreement with Location World S.A.
4.19 The Client may disclose relevant aspects of the Software to their employees, agents, and representatives to the extent that such disclosure is reasonably necessary to use the software in accordance with the Agreement.
4.20 In order to provide the Services, Location World S.A. may collect, use, and share precise location data, including the real-time geographical location of Vehicle Location Terminals. Said location data is collected for the correct operation of the fleet management service and may be used by Location World S.A. to develop Software improvements and add new functionalities.
4.21 The Client acknowledges and agrees that Location World S.A. may use one or more Web Map Service providers and the Client agrees to be aware of the terms and conditions established by each of the following providers:
4.21.1 MICROSOFT CORPORATION (One of the Web Map Service providers): its terms of use and privacy statements are available at http://go.microsoft.com/?linkid=9710837 and http://privacy.microsoft.com/en-us/fullnotice.aspx. The Client acknowledges and agrees that Microsoft may change its terms from time to time, without Location World S.A. bearing any responsibility or control for such changes.
4.21.2 GOOGLE Inc. (One of the Web Map Service providers): its terms of use and privacy statements are available at https://developers.google.com/maps/terms and https://www.google.com/intl/en/policies/terms/. The Client acknowledges and agrees that Google may change its terms from time to time, without Location World S.A. bearing any responsibility.
4.21.3 WAZE Ltd. (One of the geo-located traffic content providers): its terms and conditions are available at https://www.waze.com/legal/tos. The Client acknowledges and agrees that Waze may change its terms from time to time, without Location World S.A. bearing any responsibility.
4.21.4 OPEN STREET MAPS and its contributors (One of the Web Map Service providers): its terms and conditions are available at https://www.openstreetmap.org/copyright, without Location World S.A. bearing any responsibility and without guaranteeing the availability of its contents.
5 . LIMITATION OF LIABILITY
5.1 Location World S.A.'s liability obligations to the Client or any third party under the Agreement are strictly controlled and limited by these terms and conditions and the laws and regulations of Ecuador. In all cases, the Client acknowledges and agrees that:
5.2 Location World S.A. shall bear no liability for any single, individual, or isolated failure of the Services, or delay.
5.3 The total liability of Location World S.A. to the Client arising in any way in connection with the Service Agreement, for any cause, including but not limited to any failure or interruption of the services provided, shall be limited to the repair or replacement of defective products and/or the issuance of a credit note in favor of the Client in an amount equal to the amount charged for the undelivered Services for the proportional period of the interruption. In no event shall Location World S.A.'s liability exceed the amount paid by the Client for the services used.
5.4 Location World S.A. shall not be liable for material damages or damages of any kind, including increased costs, loss of profits, loss of earnings, lost revenue or data, direct or indirect, arising from the use of the Services, even if Location World S.A. has been advised of the possibility of such damages.
5.5 The Client agrees to indemnify, defend, and hold harmless Location World S.A., its licensors, shareholders, employees, subsidiaries, distributors, subcontractors, and suppliers against all liability, loss, injury, claim, action, cost, expense, or fee claims (including reasonable attorney's fees) arising from or related to the Client's use or possession of the data produced by the Services and/or the misuse or unauthorized use of the Services.
5.6 This Agreement is the sole contract in force between the parties and takes effect from the moment the user accepts its terms and conditions as indicated in the preceding clauses. For all purposes of this Agreement, the parties declare the territory of the Republic of Ecuador as the place of execution.
5.7 For all purposes arising from this contract, the parties shall submit to the legislation and jurisdiction of the Republic of Ecuador and establish their domicile in the city of Quito, Ecuador.
5.8 In the event of disputes, the parties shall submit to resolution by an Arbitration Tribunal of the Quito Chamber of Commerce, in accordance with Ecuadorian legislation, the Arbitration and Mediation Law of the Republic of Ecuador, and the Rules of the Arbitration and Mediation Center of the Quito Chamber of Commerce.
5.9 By accepting this document, the undersigned declares that they know and accept all the stipulations of the Contract and its Annexes; that all information provided is correct and complete; and further declares that they agree to pay the amounts to which they are obligated, in the agreed manner.
PRIVACY POLICY – PROSEGUR CLOUD GPS MOBILE APPLICATION
Location World S.A., operator of the Prosegur Cloud GPS mobile application (hereinafter "the Application"), is committed to protecting the privacy of its users. This Privacy Policy describes how the personal data of Application users is collected, used, stored, and protected, in compliance with applicable data protection regulations.
6 . PERSONAL DATA COLLECTED
6.1 When using the Application, Location World S.A. may collect the following types of information:
6.1.1 Registration data: username, email address, and access credentials, voluntarily provided by the user to access the Application's services.
6.1.2 Geolocation data: the Application collects GPS location data from the vehicles associated with the Client's fleet, continuously during the use of the Service. This data is necessary for the correct operation of the fleet monitoring and management service.
6.1.3 Device data: technical information about the mobile device used to access the Application, including device model, operating system version, unique device identifiers, and network data.
6.1.4 Usage data: information about the user's interaction with the Application, including frequency of use, features used, and application performance indicators.
6.1.5 Driving data: driving habits, speed, driving events, and other road behavior indicators generated by the vehicle location terminals installed in the fleet vehicles.
6.2 The provision of personal data by the user is made voluntarily, with the aim of accessing the services and features offered by the Application. However, refusal to provide certain data may prevent the correct operation of the Service.
7 . PURPOSE OF DATA PROCESSING
7.1 The data collected will be used exclusively for the following purposes:
a) To provide the fleet monitoring and management service contracted by the Client.
b) To authenticate the user and ensure secure access to the platform.
c) To generate fleet performance reports, alerts, and dashboards.
d) To improve Software functionality and develop new Service features.
e) To carry out internal statistical analyses in an aggregated and anonymous manner.
f) To comply with applicable legal and regulatory obligations.
7.2 Location World S.A., as operator of Prosegur Cloud GPS, guarantees that the data provided will be treated confidentially and will not be commercialized or transferred to third parties for purposes other than those set forth in this Policy.
8 . USE OF COOKIES AND SIMILAR TECHNOLOGIES
8.1 The Application and the Prosegur Cloud GPS web platform use cookies and similar technologies for the purpose of improving usability, performance, and product quality. These technologies allow us to:
a) Understand how users interact with the Application.
b) Identify potential improvements to the user experience.
c) Maintain the active session of the authenticated user.
d) Optimize Service functionalities.
8.2 Cookies are not used for personal tracking for advertising purposes or to collect sensitive information. Information collected through cookies is used solely in an aggregated manner for internal analyses.
9 . GEOLOCATION AND FLEET DATA
9.1 The Application uses geolocation data from the Client's fleet vehicles. The information associating a vehicle with a specific driver is the exclusive responsibility of the Client in the configuration they perform on the Prosegur Cloud GPS platform.
9.2 Geographical location data is collected continuously through the Vehicle Location Terminals during service operation and is necessary for the correct provision of the Service.
9.3 The device's Internet connection will be used to authenticate credentials, synchronize fleet information, and execute key Service functions. Credentials may be securely stored in the Prosegur Cloud GPS systems to ensure the continuous provision of the Service.
10 . THIRD-PARTY SERVICES
10.1 The Application integrates third-party services for the correct operation of certain functionalities. Service providers that may access data in the context of using the Application include:
10.1.1 Google Analytics (Google LLC): an Application usage analytics tool that collects data in an aggregated and anonymous manner to understand user behavior. Google's privacy policy is available at: https://policies.google.com/privacy.
10.1.2 Firebase (Google LLC): an application development platform used for functionalities such as push notifications, event logging, and performance analysis. Firebase's privacy policy is available at: https://firebase.google.com/support/privacy.
10.1.3 Web Map Service Providers: Google Maps, Microsoft Bing Maps, Waze, and OpenStreetMap, whose terms and conditions are detailed in section 4.21 of these Terms.
10.2 In certain cases, Location World S.A. may share information with third-party service providers exclusively to fulfill the purposes mentioned above, while at all times maintaining the confidentiality and security of the data.
11 . USER RIGHTS
11.1 The user may exercise the following rights regarding their personal data at any time:
a) Access: request information about what personal data of theirs is being processed.
b) Rectification: request the correction of inaccurate or incomplete data.
c) Erasure / Deletion: request the deletion of their data when it is no longer necessary for the purposes for which it was collected.
d) Objection: object to the processing of their data under certain circumstances.
11.2 To exercise any of these rights, the user may contact the Prosegur Cloud GPS support team through the official channels indicated in the Application or on the Service website.
12 . DATA SECURITY
12.1 Location World S.A. implements appropriate technical and organizational measures to protect personal data against unauthorized access, loss, accidental destruction, or alteration. However, no Internet data transmission system can guarantee absolute security.
12.2 The user is responsible for maintaining the confidentiality of their access credentials. In the event of loss, theft, misuse, or any incident that compromises the confidentiality of their personal password, the user must immediately notify the Prosegur Cloud GPS support team.
13 . CHANGES TO THIS POLICY
13.1 Location World S.A., as operator of Prosegur Cloud GPS, reserves the right to modify this Privacy Policy at any time. Changes will be communicated in a timely manner through the Application or via the contact channels registered by the user.
13.2 Continued use of the Application following notification of changes will constitute acceptance of the updated Privacy Policy.
13.3 The current version of this Privacy Policy will always be available in the Application and on the official Prosegur Cloud GPS website.
