1) KEY DEFINITIONS

Device(s): Mydriveprogps branded GPS/GNSS telematics hardware and included accessories.

Software: Our web/app interfaces, firmware, and back-end services enabling tracking, reporting, alerts, and integrations.

Documentation: User guides, safety notices, and setup instructions we make available.

Authorized User: Anyone you permit to access the Services under your account.

Consumer: An end user whose asset/vehicle/equipment is tracked (e.g., buyer/driver/borrower/employee).

2) ACCOUNT & ELIGIBILITY

To use the Services, you must register an account, keep your information accurate, maintain the confidentiality of credentials, and be at least 18 years old. You remain responsible for all activity under your account.

3) ORDERS; SHIPPING; RISK OF LOSS

We may accept or reject orders at our discretion. Title and risk of loss for Devices transfer to you upon carrier’s acceptance. Inspect shipments promptly and report shortages or damage within 7 days of delivery.

4) INSTALLATION; USE; ACCEPTABLE USE

• Installation. You are solely responsible for proper, safe installation consistent with the Documentation and applicable law (including OEM guidelines, marine/vehicle safety codes, and professional installation where required).
• Acceptable Use. You will not misuse the Services (e.g., tampering, reverse engineering, interfering with networks, using for unsafe purposes, or violating law).
• No Life-Safety Use. The Services are not a life-safety, emergency, or 911/first-responder system and must not be relied upon for such purposes.
• Third-Party Systems. You are responsible for compatible devices, data plans, browsers, and configurations.

5) LAWFUL USE; NOTICES; CONSENT (50-STATE FRAMEWORK)

• Your Compliance Commitment. You are solely responsible for ensuring your deployment of Devices/Services complies with all federal, state, and local laws (e.g., anti-stalking, privacy, unfair practices, and state “electronic tracking device” statutes).
• Consent/Disclosure. Where required, you must provide clear, prior notice and obtain written consent from each Consumer/driver/employee/asset owner before any tracking begins, and you must maintain records of such consent.
• Sample Disclosure Language (for your agreements/receipts): “This asset/vehicle/watercraft equipment is equipped with an electronic GPS tracking device. By signing, you acknowledge and consent to location tracking while you use/operate/possess it. You may withdraw consent where permitted by law.”
• Employee/Contractor Monitoring. Where employment laws require (e.g., some states mandate a written policy and acknowledgments), you’ll implement compliant written monitoring policies, provide notice (including for off-duty use, if applicable), and honor any limitations (e.g., do not track outside work hours if prohibited by policy or law).
• Prohibited Uses. No covert tracking where consent or court order is required; no tracking for harassment, stalking, or discriminatory purposes; no use in violation of restraining orders or similar limitations.
• Law Enforcement Requests. You are responsible for obtaining any required legal process. We may cooperate with lawful request from law enforcement and warrant requests consistent with our Privacy Policy.

6) SERVICE DESCRIPTION; AVAILABILITY

• The Services provide device connectivity, dashboards, alerts, reporting, historical playback, and data storage as described in Documentation and plan-level descriptions.
• GNSS/Carrier Dependence. Availability and accuracy may be affected by satellite geometry, weather, terrain, buildings, indoor/storage locations, jamming, network congestion, roaming, maintenance windows, firmware updates, or carrier outages. Data can be delayed, buffered, or unavailable.
• Beta/Preview Features. We may offer optional beta features “as is,” which may be modified or withdrawn at any time.

7) SOFTWARE LICENSE & RESTRICTIONS

During your paid subscription term, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software and Documentation solely for your internal business purposes with Devices. You will not (and will not permit others to): copy (except for reasonable backups), modify, reverse engineer, attempt to access source code, or circumvent technical controls.

8) Data; Privacy; Telemetry

• Your Data. You retain ownership of your account data and content. You grant us a license to host, process, transmit, and analyze Your Data to provide and improve the Services, prevent fraud/abuse, and as described in our Privacy Policy.
• Retention. We retain data per plan settings and our retention schedules; export tools may be available.
• Privacy Policy. Our U.S./California-oriented Privacy Policy governs personal information and your obligations to provide legally required notices to Consumers.
• De-identified/Aggregated Data. We may use de-identified or aggregated data for analytics and service improvement.

9) Plans; Fees; Taxes; Changes

• Subscriptions. Service plans are billed monthly or annually in advance (unless stated otherwise).
• Auto-Renewal (ARL-Compliant). Plans automatically renew for the same term unless you cancel as described in §10. We will present clear, conspicuous auto-renewal terms at checkout, obtain affirmative consent, provide a renewal reminder when required by state law for terms ≥12 months, and offer an easy online cancellation method for online signups.
• Price Changes. We may update fees effective on a future renewal term; we’ll provide notice in advance consistent with applicable state ARL rules.
• Taxes/Fees. Prices exclude taxes, duties, and carrier fees. You’re responsible for all applicable taxes except those on our net income.

10) Cancellation; Online Easy-Cancel (State ARL Best Practices)

You may cancel at any time via email at support@mydriveprogps.com.

• Month-to-Month: Cancels at the end of the current billing cycle; no pro-rata refunds unless required by law.
• Annual Prepaid: If you cancel, we’ll refund the unused full months remaining in the term, less any device discounts or promotional credits tied to the annual commitment, unless otherwise required by law.
• Free Trials/Promos: We’ll disclose trial length, what converts, the price after trial, and how to cancel before billing.

11) Returns; RMA

If purchased directly from MarineProGPS, only Unopened, Uninstalled Devices/Product may only be returned within 30 days of shipment. All returns must be pre-approved for an RMA by MarineProGPS; you must pay for return shipping; we may charge a restocking fee of $35 if permitted by law. Opened Devices or custom installations are non-returnable except for verified warranty defects. If you purchase through a partner or affiliate, all returns must meet and follow their established product return policies and requirements.

12) Limited Warranties

• Device Hardware: 1-year limited warranty from delivery against defects in materials and workmanship under normal use and proper installation.
• Software/Services: Provided with reasonable care/skill and substantially as described in the Documentation.
• Exclusions: Damage from misuse, improper installation, accidents, water intrusion outside rated specs, alteration, unauthorized repair, power issues, serial tampering, consumables (e.g., fuses/batteries), or events beyond our control.
• Remedies: Our sole obligation and your exclusive remedy are repair or replacement (new or refurbished) of defective Devices, or, for Services, re-performance or refund of fees paid for the affected month—at our discretion.
• Disclaimers: Except for the limited warranties above, Devices, Software, and Services are provided “AS IS.” We disclaim all other warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, to the maximum extent permitted by law. Some states do not allow limitations on implied warranties; certain rights may apply.

13) Carrier, GNSS, and Third-Party Services

We are not the underlying wireless carrier or satellite operator and do not control their coverage or uptime. We may change carriers. We are not liable for interruptions, latency, inaccuracies, or failures attributable to carriers, satellites, or third-party platforms.

14) Maintenance; Updates; Firmware

We may push Software/firmware updates automatically. Services may be unavailable during maintenance windows. You agree to keep Devices reasonably up to date.

15) INDEMNIFICATION (YOUR OBLIGATIONS)

You will defend, indemnify, and hold harmless Mydriveprogps, its affiliates, and their officers, directors, employees, and agents from all third-party claims, damages, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising from: (i) your breach of these Terms; (ii) violation of laws (including failure to obtain required notices/consent for tracking); (iii) misuse of Devices/Services; or (iv) your data, content, or instructions.

16) LIMITATION OF LIABILITY

To the maximum extent permitted by law:

• Cap. Our aggregate liability for all claims is limited to the amounts you paid to us for the Services in the 6 months preceding the event giving rise to liability, or $1,000, whichever is greater.
• Excluded Damages. We are not liable for indirect, incidental, consequential, special, exemplary, or punitive damages; loss of profits/revenue, goodwill, or data; or business interruption—even if advised of the possibility.
• Data/Transmission Risk. We are not liable for unauthorized access, alteration, theft, or destruction of data where we have implemented reasonable safeguards. Some states do not allow certain limitations; some of the above may not apply.

17) SUSPENSION; TERMINATION

We may suspend or terminate access immediately for non-payment, misuse, legal risk, or security concerns. You may terminate per §10. Upon termination, you must cease using the Software/Services and (if we request) return or permanently deactivate Devices. Accrued obligations and 8–9, 12–16, 18–22 survive.

18) EXPORT; SANCTIONS; GOVERNMENT USE

You will not export or re-export Devices or Software in violation of U.S. export control or sanctions laws. Government use is subject to restricted rights under applicable regulations.

19) FORCE MAJEURE

Neither party is liable for delays/failures caused by events beyond reasonable control (e.g., disasters, strikes, power/cellular outages, carrier failures, acts of government, cyber events), excluding payment obligations.

20) INTELLECTUAL PROPERTY

We and our licensors retain all rights in Devices, Software, Documentation, and marks. No rights are granted except as expressly stated.

21) DISPUTE RESOLUTION; ARBITRATION; CLASS-ACTION WAIVER

Please read carefully.

• Informal Resolution. Contact support@mydriveprogps.com first; we’ll try to resolve within 30 days.
• Arbitration. If unresolved, any dispute arising out of or relating to these Terms or the Services will be finally resolved by binding arbitration administered by the AAA under its Commercial Arbitration Rules (or Consumer Rules if applicable). Location: Frisco, TX or remote video, at your election. Arbitrator may award individualized relief only.
• Class/Representative Actions Waiver. Disputes must be brought on an individual basis; no class, collective, or representative actions or arbitrations.
• Opt-Out. You may opt out of arbitration within 30 days of first accepting these Terms by sending a written notice to Legal, Mydriveprogps, 1525 US Highway 380, STE 500 PMB 138, Frisco, TX 75033-0176.
• Small Claims & Injunctions. Either party may seek relief in small-claims court or seek injunctive relief to prevent misuse of IP or the Services.

22) STATE-SPECIFIC & SECTOR-SPECIFIC ADDENDUM (SUMMARY)

These summaries flag frequent issues; you are responsible for compliance.

• Auto-Renewal (ARL): States including CA, NY, CO, DC, VT and others require clear pre-purchase disclosure, affirmative consent, post-purchase acknowledgment, renewal reminders for terms ≥12 months, and online easy-cancel. We comply via 9–10.
• Tracking Consent Laws: Several states (e.g., CA Penal Code 637.7 and similar statutes) restrict installing/using tracking devices to determine location without the consent of the person or owner being tracked. You must obtain and keep consent records (see 5).
• Employment Monitoring: Some states require written notice to employees before electronic monitoring; some limit off-duty tracking. Implement compliant policies and limit tracking accordingly.
• Repossession/Dealer Use: If Devices are used for collateral/location, lenders and dealers must give clear written disclosures and obtain consent consistent with state UDAAP and tracking laws.
• Commercial Fleets: If applicable, ensure specific rules and driver/operator privacy disclosures are satisfied.
• Consumer Cancellation Rights: Some states grant additional cancellation/refund rights—these apply if mandatory.

23) NOTICES

We’ll send legal notices to your account email or billing address; you’ll send notices to:

MYDRIVEPROGPS, INC. – LEGAL
1525 US HIGHWAY 380, STE 500 PMB 138, FRISCO, TX 75033-0176

Email: legal@mydriveprogps.com (or support@mydriveprogps.com for service issues)

24) CHANGES TO TERMS

We may update these Terms occasionally. Material changes take effect on the next renewal (or 30 days after notice for month-to-month). Continued use after the effective date constitutes acceptance. If you do not agree, you may cancel your service 10 before the effective date.

25) ASSIGNMENT

You may not assign these Terms without our written consent. We may assign to an affiliate or in connection with a merger, sale, or corporate reorganization.

26) ENTIRE AGREEMENT; SEVERABILITY; WAIVER; ORDER OF PRECEDENCE

These Terms (and any plan order/quote and our Privacy Policy) are the entire agreement. If any provision is unenforceable, the remainder remains in effect. Our failure to enforce is not a waiver. If there is a conflict between these Terms and plan-specific order terms, the order controls for that plan.