Terms of Service

Welcome to RealTimeGPS.us, the website and online service of RealTimeGPS (“RealTimeGPS,” “we,” or “us”). This page explains the terms by which you may use our online and/or mobile services, web site, and software provided on or in connection with the service (collectively the “Services”). By accessing or using the Services, you signify that you have read, understood, and agree to be bound by this Terms of Service and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user of our Services. This Terms of Service apply to all visitors, users, and others who access the Services (“Users”).

Acceptance of the Terms

You must be of legal age in order to accept the Terms. If you do not agree to these Terms, do not use any of our Services. You can accept the Terms by registering in the Services or by actually using the Services.

Description of Services

RealTimeGPS provides an array of services for online location and tracking of the assets, people, vehicles, pets and other objects in the real time, trip history overview, geo-based notifications, field task management, communication, fleet costs calculation, fuel consumption, vehicle maintenance scheduling, related Apps, tools and support services. You may use the Services for providing GPS tracking solutions for various vertical markets. You may connect to the Services using any Internet browser and mobile Apps supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services.

Payment

Service fees are charged on monthly basis, unless agreed otherwise between the Parties. Services are billed at the beginning of each month.

All payments should be cleared of any applicable taxes and fees for bank transfer (for payments made through the regular wire bank transfer). All the applicable taxes (such as VAT) should be paid by you according to your local legislation.

RealTimeGPS reserves the right to modify and change its fees and charges from time to time with the prior notice of at least 30 days before the changes come into effect by sending you an email.

By using RealTimeGPS third party payment processors, you agree to their terms of service.

All fees and charges are non-refundable, which means that there are no refunds or credits for periods where you did not use the Services or used it partially.

Personal Information and Privacy

Personal information you provide to RealTimeGPS through the Service is governed by RealTimeGPS Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the RealTimeGPS Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information.

Subscription to Beta Services

We may offer certain Services as closed or open beta services (“Beta Service” or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the right to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. We reserve the right to fully or partially discontinue to offer the Beta Services with or without notice to you. You agree that RealTimeGPS will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.

Modifications to Services

RealTimeGPS reserves the right to modify the RealTimeGPS Services or any part of the Services from time to time without prior notice, including:

  1. rebranding the RealTimeGPS Services at its sole discretion;
  2. ceasing providing or discontinuing the development any particular RealTimeGPS Service or part or element of the Services temporarily or permanently;
  3. taking such action as is necessary to preserve RealTimeGPS’s rights upon any use of the RealTimeGPS Services that may be reasonably interpreted as violation of RealTimeGPS’s intellectual property rights or illegal activity.

If you continue the use of the RealTimeGPS Services, or any part or element thereof, after the effective date of a modification shall indicate its consent to the modifications.

Prohibited Activities

You may use RealTimeGPS Services for purposes identified in these Terms and applicable law. You are not allowed to:

  1. use the RealTimeGPS Services or any part or element of the Services to commit a crime, breach any applicable law or entice or invite others to carry out such illegal actions;
  2. copy, duplicate, distribute, modify, adapt, hack, create derivative works, reverse engineer or decompile the RealTimeGPS Services or any part or element thereof, or attempt to extract the source code thereof.

RealTimeGPS does not allow hidden tracking or tracking of a person without his/her permission, or assets without the owner’s permission.

Termination

You may terminate your use of the Services at any time by sending a notice to RealTimeGPS at least 30 days prior to the date of termination.

RealTimeGPS may unilaterally block your use of the Services including the suspension of access to your account if you fail to comply with or violate terms and conditions defined by the Terms of Service. In such case RealTimeGPS shall send you a notice prior to the date of termination.

In the event of termination you will continue to be responsible for any fees and/or charges you have incurred prior to the termination.

Intellectual Property Rights

The RealTimeGPS Services, RealTimeGPS Materials, RealTimeGPS trade names and trademarks, and any parts or elements are solely and exclusively owned and operated by RealTimeGPS. RealTimeGPS Materials and any part of RealTimeGPS Services are protected by copyright, trade dress, trade secrets, and trademark laws, international conventions and treaties, and all other relevant intellectual property and proprietary rights laws.

Your use of the RealTimeGPS Services and RealTimeGPS Materials, and any parts or elements does not grant you any ownership right or intellectual property rights. RealTimeGPS reserves all rights to the RealTimeGPS Services, RealTimeGPS Materials and RealTimeGPS trade names and trademarks not expressly granted in the Terms.

Indemnification

You agree to defend, indemnify and hold harmless RealTimeGPS and its affiliates, and their respective directors, officers, employees and agents, from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the RealTimeGPS Services, RealTimeGPS Materials, representations made to the RealTimeGPS, its affiliates and/or third parties, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. RealTimeGPS reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify RealTimeGPS, and you agree to cooperate with such defense of these claims.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. REALTIMEGPS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. REALTIMEGPS MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM REALTIMEGPS, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICES.

Limitation of Liability

YOU AGREE THAT REALTIMEGPS SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF REALTIMEGPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Dispute Resolution

In the event of a dispute between you and RealTimeGPS on matters specified in the Terms of Service or in connection therewith, RealTimeGPS and you will take all measures to resolve them through negotiations.

If no settlement during negotiations, the disputes shall be resolved in the court defined by RealTimeGPS.

Technical Support Regulations

Technical support is available and provided only to authorized RealTimeGPS Partners (i.e. current resellers, VARs, VADs, system integrators).

For SaaS (Software as a Service) version of RealTimeGPS platform, i.e. hosted in the RealTimeGPS Data Center, technical support is complimentary.

For On-premise and Cloud versions of RealTimeGPS platform, i.e. deployed on the on-site server or cloud infrastructure (AWS, Microsoft Azure, Oracle, etc.), technical support is available based on the active/valid Support and Updates subscription.

For a more detailed information, please refer to our Technical Support Regulations.

Technical Support Regulations

Technical support is available and provided only to authorized RealTimeGPS Partners (i.e. current resellers, VARs, VADs, system integrators).

For SaaS (Software as a Service) version of RealTimeGPS platform, i.e. hosted in the RealTimeGPS Data Center, technical support is complimentary.

For On-premise and Cloud versions of RealTimeGPS platform, i.e. deployed on the on-site server or cloud infrastructure (AWS, Microsoft Azure, Oracle, etc.), technical support is available based on the active/valid Support and Updates subscription.

Support channels

Technical support is provided via email after receiving a support ticket to support@RealTimeGPS.us

Technical support is provided in one language: English

Response time

Technical support team works for you 5 days a week Monday through Friday 8am eastern – 5pm eastern, rendering qualified services and consultations.

  • For SaaS version of RealTimeGPS platform the guaranteed response time is 12 business hours. The time-frame may vary on holidays and weekends, but we make every reasonable effort to respond to your initial request as soon as possible.
  • Requests for On-Premise and Cloud versions of RealTimeGPS platform are handled on weekdays based on schedule Availability.

Response time is counted beginning from the last received email from the Partner.

Support request requirements

In order to guarantee a timely and profound technical support when sending a request to RealTimeGPS technical support team a Partner should specify the following information:

  • detailed description of the issue;
  • account and asset identificators;
  • particular elements/items related to the issue (object, report template, module, etc.);
  • description of the actions that caused the problem;
  • screenshots, images, graphics, log files, etc.;
  • any additional information requested by the tech support specialist.

Important: any server administration issues related to On-premise and Cloud versions of RealTimeGPS are handled only after a Partner provides a direct SSH/RDP access.

Please note that one ticket should contain only one question. If there are several issues, a separate ticket should be created for each of them.

A ticket is considered as handled and preliminary closed after sending a response to the Partner.

While communicating with the technical support specialists the Partner must adhere to the norms of respect and courtesy. In case of rude behavior in the course of communication, RealTimeGPS may consider the refusal to provide technical support to the Partner.

The Partern bears all responsibility for the correctness of specified email address and any losses or any other adverse consequences caused by the illegal use or violation of the specified email address.

Technical support for SaaS

Technical support for SaaS (Software as a Service) version of RealTimeGPS platform is complimentary to all authorized RealTimeGPS Partners.

  • Consultation on RealTimeGPS features
  • Consultations on RealTimeGPS API
  • Bulk device registration
  • Consultations on device activation (platform related only)
  • Consultations on issues with device reporting to the platform (platform related only)
  • Custom logos in user accounts
  • Bug reports and fixes
  • SMS gateway implementation (gateway provided by the Partner)
  • Custom map layers addition (layers provided by the Partner)
  • Custom web apps integration (application provided by the Partner)
  • GIS license keys implementation (keys provided by the Partner)
  • SSL certificate setup and renewal (SSL provided by the Partner)

Technical support for On-Premise and Cloud

Technical support for On-premise and Cloud versions of RealTimeGPS platform covers only platform related issues. Issues with server hardware or network must be resolved by the Partner.

There are 2 (two) types of support level for On-premise and Cloud versions:

  • Basic Support – provided according to the active/valid Support and Updates subscription.
  • Advanced Support – provided on the hourly rate and available to partners only with active/valid Support and Updates subscription.

Important: Advanced Support is provided only after a payment has been processed and received. Quotes for Advanced Support should be requested beforehand from your dedicated account manager.

Services / Terms of rendering

Basic*

Advanced

Initial installation of the platform

Deploy of the RealTimeGPS services and DB (without additional software)

Deploy of additional software (MySQL, Java, Nginx)

Software configuration

Configuration of RealTimeGPS services and essential MySQL parameters

Additional fine tuning of third-party software (MySQL, Java)

Software updates

Only RealTimeGPS platform

Third-party software (MySQL, Java, Nginx)

GIS license keys implementation

Provided by user

Deploy and setup of Nominatim server

SSL certificate setup and renewal

Provided by user

Let’s Encrypt certificate setup

Diagnostics of the RealTimeGPS platform productivity

Log-based analysis

Log-based analysis and recommendations on improvements

Platform failure due to the user’s fault

Log-based analysis

Log-based analysis & recommendations on restoring

Consulting on RealTimeGPS server products related to administration issues

N/A

Available

Assistance in transferring platform to a new server (includes only RealTimeGPS services)

N/A

Available

Log files management, logrotate setup

N/A

Available

Synchronizing time for RealTimeGPS server

N/A

Available

Partition and file system expansion

N/A

Available

Help with backup setup

N/A

Available

* Services listed in the Technical support for SaaS section of the Technical Support Regulations are also included in the Basic Support for On-premise and Cloud version.

New features or device integrations can be added to the platform only with a server update after a new On-premise and Cloud version released.

SLA severity levels for On-Premise and Cloud incidents

Severity

Response time*

Incident description

Escalation

Level 1

2 hours

The failure affects 100% of the features and 100% of the users and does not relate to a third-party software .

If the initial check shows that a fault was caused by a third-party software – only consultative support can be provided unless Advanced Support purchased.

Send an email to the support team to support@RealTimeGPS.us adding the Head of Technical Support in the copy.

Notify your personal Account Manager on the issue.

Level 2

4 hours

The failure affects several features or users.

Send an email to the support team to support@RealTimeGPS.us adding your personal Account Manager and the Head of Technical Support  in the copy.

Level 3

5 hours

The failure fully affects a single feature or a user.

Send an email to the support team to support@RealTimeGPS.us adding the Head of Technical Support  in the copy.

Level 4

8 hours

The failure partially affects a single feature or a user.

Send an email to the support team to support@RealTimeGPS.us.

*Indicated response time is valid if a ticket was received by the RealTimeGPS technical support team during weekdays (Mon – Fri) from 8am – 5pm eastern. In all other cases response time may vary.

Any bugs (excluding those that relate to Level 1 and Level 2) are fixed only with a server update after a new On-premise and Cloud version is released.

Changes to Support Regulations

RealTimeGPS may unilaterally change and modify its Technical Support Regulations and any annexes. Such changes and modifications are obligatory for all Partners as soon as posted on RealTimeGPS website.