Terms of Service

Agreement to Terms

These Terms of Service ("Terms") govern your use of the Smartelematics website and services operated by Innovative Programming Systems Inc. ("IPS", "we", "us", or "our"). By accessing or using our services, you agree to be bound by these Terms.

Description of Services

Smartelematics provides GPS vehicle tracking and test drive monitoring solutions for automotive dealerships, including:

  • Real-time GPS vehicle location tracking
  • OBD II plug-and-play device management
  • Test drive monitoring and reporting
  • Geofencing and boundary alerts
  • Speed, ignition, tow, and after-hours alerts
  • Vehicle usage reports and analytics

Account Registration

To access certain features of our services, you may be required to create an account. You agree to:

  • Provide accurate and complete information
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized access
  • Accept responsibility for all activities under your account

Subscription and Payments

Fees

Our services are provided on a subscription basis. Fees are as quoted at the time of purchase and are subject to change with 30 days notice.

Payment Terms

  • Subscription fees are billed monthly in advance
  • Hardware purchases are billed at time of order
  • GPS tracking services may have separate monthly fees
  • All fees are non-refundable unless otherwise stated

Cancellation

You may cancel your subscription at any time. Cancellation will take effect at the end of the current billing period. No refunds will be provided for partial months.

GPS Tracking Services

By using our GPS tracking features, you acknowledge and agree that:

  • GPS tracking is intended for tracking dealership inventory only
  • You have proper authorization to track all vehicles in your system
  • GPS accuracy may vary based on environmental conditions
  • OBD II devices require proper installation and maintenance
  • Test drive data is collected for dealership use only

Acceptable Use

You agree not to:

  • Use our services for any unlawful purpose
  • Track vehicles without proper authorization
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt our services
  • Reverse engineer or decompile our software
  • Resell or redistribute our services without authorization
  • Use our services to transmit malicious code

Intellectual Property

All content, software, and materials provided through our services are the property of IPS or our licensors and are protected by intellectual property laws. You are granted a limited, non-exclusive license to use our services for your internal business purposes.

Data and Privacy

Your use of our services is also governed by our Privacy Policy. You retain ownership of your data and grant us a license to use it solely to provide our services.

Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. GPS TRACKING ACCURACY IS NOT GUARANTEED.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IPS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OUR SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE TWELVE MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to indemnify and hold harmless IPS and its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of our services or violation of these Terms.

Modifications to Services

We reserve the right to modify, suspend, or discontinue our services at any time with reasonable notice. We will not be liable for any modification, suspension, or discontinuation.

Governing Law

These Terms shall be governed by the laws of the State of Michigan, without regard to conflict of law principles.

Dispute Resolution

Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Michigan.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements, constitute the entire agreement between you and IPS regarding our services.

Changes to Terms

We may update these Terms from time to time. We will notify you of any material changes by posting the new Terms on this page. Your continued use of our services after changes constitutes acceptance of the new Terms.

Contact Us

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

Innovative Programming Systems Inc.
Email: support@smartelematics.com
Phone: 810-695-9332