Terms & Conditions

1. Company Information

The Proximity GPS mobile application ("the App", "the Application", or "Service") is developed and operated by Margarita Jose Coronel Flores, doing business as Proximity GPS.

This App is published individually in the United States via the Apple App Store and Google Play Store, operating under the business entity established in Ecuador as described above.

2. Acceptance of Terms

By downloading, installing, accessing, or using the Proximity GPS application, you agree to be legally bound by these Terms and Conditions and all applicable laws and regulations. These Terms constitute a binding legal agreement between you and Proximity GPS.

2.1 Eligibility

You must be at least 18 years of age to use this Service. By using the App, you represent and warrant that:

• You are at least 18 years old (or the applicable age of majority in your jurisdiction, whichever is greater);
• You have the legal capacity to enter into a binding agreement;
• You are not prohibited from using the App under any applicable law.

Proximity GPS does not knowingly collect information from or direct the App to persons under 18. If we learn that a user is under 18, we will promptly delete their data.

2.2 Modifications to Terms

Proximity GPS reserves the right to modify these Terms at any time. Changes will be posted within the App and, where required by law, you will be notified via email or in-app notification at least 30 days before material changes take effect. Continued use of the App after changes are posted constitutes acceptance of the updated Terms.

3. Description of Service

3.1 Overview

Proximity GPS is a GPS-based vehicle tracking and fleet management application designed to help owners monitor, locate, and manage vehicles or motorcycles equipped with Proximity GPS hardware devices.

3.2 Core Features

• Real-time GPS location of registered vehicles
• Route history and journey playback
• Security alerts and push notifications
• Remote vehicle control functions (where technically supported)
• Diagnostic reports and device status monitoring

3.3 System Requirements

• Compatible iOS or Android device
• Internet connectivity (Wi-Fi or mobile data)
• Active Proximity GPS hardware device installed on the vehicle
• Valid and active Proximity GPS service subscription

3.4 Platform Availability

The App is available on both the Apple App Store (iOS) and Google Play Store (Android). The App is licensed, not sold, to you. Apple Inc. and Google LLC are not parties to these Terms and bear no responsibility for the App or its content.

4. User Account and Registration

4.1 Account Creation

To use the Service, you must create an account by providing accurate, current, and complete information, including:

• Full name and email address
• Phone number
• Vehicle information and GPS device identifiers

4.2 Account Responsibilities

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activity that occurs under your account
• Immediately notifying us of any unauthorized use at: soporte@proximitygps.com
• Keeping your account information accurate and up to date

4.3 Account Deletion

You may request permanent deletion of your account at any time by contacting us at soporte@proximitygps.com with sufficient information to verify your identity. Upon confirmed deletion:

• Your account and profile will be permanently removed
• Personal data will be deleted or irreversibly anonymized
• Some data may be retained if required by applicable law (e.g., financial records, legal disputes)

5. Authorized Use and Restrictions

5.1 Permitted Use

The App may only be used to track and monitor vehicles that you own or for which you have explicit legal authorization to monitor. This includes vehicles under your lawful custody, registered fleet vehicles, or vehicles belonging to employees or agents who have provided informed consent.

5.2 Prohibited Conduct

You expressly agree NOT to:

• Track any vehicle or individual without the explicit knowledge and consent of all relevant parties, as required by applicable anti-stalking, harassment, and privacy laws
• Use the App for surveillance, stalking, harassment, or any unlawful monitoring purpose
• Attempt to access, tamper with, or reverse-engineer the App or its servers
• Access another user's account without authorization
• Distribute, resell, sublicense, or create derivative works of the App without prior written consent
• Use the App in any manner that violates applicable local, national, or international laws or regulations
• Introduce malicious code, viruses, or disruptive elements into the Service

5.3 Anti-Stalkerware Policy

5.4 Enforcement

Proximity GPS reserves the right to suspend or permanently terminate your account and access to the Service, without prior notice, for any violation of these Terms.

6. Privacy and Data Protection

6.1 Data We Collect

To provide the Service, we collect and process the following categories of personal data:

• Identity data: full name, email address, phone number
• Vehicle data: vehicle type, make, model, license plate
• GPS and location data: real-time and historical location of registered vehicles
• Usage data: route history, speed, ignition status, battery level
• Device identifiers: IMEI of the GPS hardware device; app device identifiers

6.2 How We Use Your Data

Your data is used solely to:

• Provide and operate the GPS tracking Service
• Send security alerts, push notifications, and service communications
• Generate reports and analytics within the App
• Improve App performance and diagnose technical issues
• Comply with legal obligations

6.3 Legal Basis for Processing

Depending on your location, we process your data on one or more of the following legal bases:

• Performance of contract: processing necessary to deliver the Service you signed up for
• Legitimate interests: improving and securing the Service
• Legal obligation: compliance with applicable laws
• Consent: where required by law (e.g., under the EU GDPR), we will request your explicit consent

6.4 Data Sharing

We do not sell your personal data. We may share data only in the following limited circumstances:

• With essential infrastructure providers (e.g., cloud hosting) strictly to operate the Service, under contractual data protection obligations
• With your explicit consent
• When required by competent legal authorities or applicable law
• In genuine emergency situations requiring third-party assistance

6.5 International Data Transfers

Your data is stored on Proximity GPS-managed servers. If data is transferred internationally, we ensure adequate protections are in place consistent with applicable law, including, where relevant, the EU Standard Contractual Clauses (SCCs) or equivalent mechanisms.

6.6 Data Security

We implement appropriate technical and organizational security measures to protect your data against unauthorized access, alteration, disclosure, or destruction. However, no system is completely secure, and we cannot guarantee absolute security.

6.7 Data Retention

We retain personal data for as long as your account is active or as needed to provide the Service. GPS location history is retained for up to 12 months by default. You may request earlier deletion as described in Section 4.3. We will retain certain data longer if required by law.

6.8 Your Privacy Rights

Depending on your jurisdiction, you may have the following rights regarding your personal data:

• Right to access: request a copy of the personal data we hold about you
• Right to rectification: request correction of inaccurate data
• Right to erasure: request deletion of your data
• Right to restriction of processing: request that we limit how we use your data
• Right to data portability: receive your data in a commonly used format
• Right to object: object to processing based on our legitimate interests
• Right to withdraw consent: where processing is based on consent, withdraw it at any time without affecting prior processing
• Right to opt out of sale/sharing (California/CCPA): we do not sell your data, but you may contact us to confirm

To exercise any of these rights, contact us at soporte@proximitygps.com. We will respond within the timeframe required by applicable law (typically 30 days).

6.9 Children's Privacy (COPPA / Global)

The Service is not directed to individuals under the age of 18. We do not knowingly collect personal data from children. If you believe a child has provided us with personal information, please contact us immediately at soporte@proximitygps.com and we will delete it promptly.

6.10 GPS Location Data — Special Notice

6.11 California Residents (CCPA/CPRA)

California residents have specific rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA). We do not sell or share your personal information for cross-context behavioral advertising. You have the right to know, delete, correct, and opt out. To submit a request, contact us at soporte@proximitygps.com. We will not discriminate against you for exercising your privacy rights.

6.12 European Economic Area, UK, and Switzerland (GDPR)

If you are located in the EEA, UK, or Switzerland, the General Data Protection Regulation (GDPR) or equivalent law applies. Our legal bases for processing are described in Section 6.3. You have the right to lodge a complaint with your local supervisory authority if you believe we have processed your data unlawfully.

6.13 Brazil (LGPD)

If you are located in Brazil, the Lei Geral de Proteção de Dados (LGPD) applies. You may exercise your rights under the LGPD by contacting us at soporte@proximitygps.com.

6.14 Privacy Policy

A full standalone Privacy Policy is available within the App and on our website. The Privacy Policy supplements these Terms and is incorporated herein by reference.

7. Subscription and Payments

7.1 Service Plans

Access to the App requires an active Proximity GPS service subscription, which is sold as a fixed-term plan (e.g. 1 year). There is no automatic renewal; subscriptions must be manually renewed.

7.2 Pricing and Billing

Pricing is established in the service contract between you and your authorized Proximity GPS distributor. Payment terms are governed by that contract. The App itself does not process in-app purchases.

7.3 Service Suspension for Non-Payment

Access to the App may be suspended if your service subscription lapses or if payment obligations under your service contract are not fulfilled. You will receive reminders before suspension.

7.4 Renewal Reminders

Proximity GPS or your authorized distributor will contact you at least 30 days before your service expiration by phone, WhatsApp, or other agreed communication channels to discuss renewal options.

7.5 App Store Purchases

If any features are made available through in-app purchases via the Apple App Store or Google Play Store in the future, Apple's and Google's respective payment terms and refund policies will apply to those transactions.

8. Service Availability

8.1 Uptime

Proximity GPS endeavors to maintain the App available 24 hours a day, 7 days a week, but does not guarantee uninterrupted service.

8.2 Scheduled Maintenance

We may perform scheduled maintenance that temporarily affects availability. We will provide advance notice where reasonably practicable.

8.3 Factors Outside Our Control

Service quality may be affected by factors outside our control, including:

• Cellular network coverage or outages
• GPS satellite signal availability
• Third-party infrastructure failures
• Environmental or weather conditions
• Physical tampering with or damage to the GPS hardware device

9. Limitation of Liability

9.1 No Warranties

9.2 Limitation

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Proximity GPS SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of data, revenue, profits, or business
• Service interruptions or inaccuracies in GPS data
• Decisions made in reliance on App data
• Unauthorized access to or alteration of your data
• Damage caused by misuse of the App or external environmental factors

9.3 Assumption of Risk

You use the App at your own risk. Proximity GPS is a supplementary tool and should not be relied upon as the sole means of vehicle security or tracking.

9.4 Consumer Protection Laws

Nothing in these Terms limits or excludes any rights you may have under mandatory consumer protection laws in your jurisdiction that cannot be waived by contract.

10. Intellectual Property

10.1 Ownership

All intellectual property rights in and to the App, including its software, code, design, trademarks, trade names, and content, are owned by or licensed to Proximity GPS. Nothing in these Terms transfers any ownership rights to you.

10.2 License Grant

Subject to these Terms, Proximity GPS grants you a limited, non-exclusive, non-transferable, revocable license to download and use the App solely for your personal, non-commercial use of the Service.

10.3 Restrictions

You may not copy, modify, distribute, sell, sublicense, reverse engineer, decompile, or create derivative works based on the App or any part thereof.

10.4 App Store License Terms

As required by Apple and Google: (a) the license granted under Section 10.2 is subject to the Usage Rules set forth in the applicable App Store Terms of Service; (b) Apple and Google are not responsible for the App or its content; (c) Apple and Google have no obligation to provide any maintenance or support services for the App; (d) Apple and Google are not responsible for any product liability claims; (e) Apple and Google are not responsible for any intellectual property infringement claims.

11. Third-Party Services and Links

The App may integrate with or link to third-party services (such as mapping providers). These third parties have their own terms and privacy policies, and Proximity GPS is not responsible for their practices or content. Your use of third-party services is at your own risk.

12. Lawful Use and Anti-Stalking Compliance

Proximity GPS is committed to compliance with applicable laws prohibiting stalking, harassment, and covert surveillance. You acknowledge and agree that:

• You will only use the App to track vehicles for which you have clear legal authority;
• You will inform all relevant individuals that tracking is in use, where required by law;
• You will comply with all applicable laws in your jurisdiction regarding vehicle tracking and location monitoring;
• Proximity GPS cooperates with law enforcement investigations of any unlawful use of the App.

13. Termination

13.1 Termination by You

You may stop using the App at any time by uninstalling it from your device. Uninstallation does not automatically cancel your service contract. Please notify your authorized Proximity GPS distributor separately.

13.2 Termination by Proximity GPS

Proximity GPS may suspend or terminate your access to the App immediately and without prior notice if you violate these Terms, breach applicable law, or your service contract is terminated.

13.3 Effect of Termination

Upon termination, your license to use the App ceases immediately. Sections 6, 9, 10, 14, and 15 of these Terms survive termination.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Ecuador, without regard to its conflict of law principles. Where mandatory local law in your country applies, those protections will not be diminished.

14.2 Jurisdiction

Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the competent courts in Milagro, Guayas, Ecuador, or the available mediation centers in the canton of Milagro. If mandatory local law requires disputes to be resolved in your country, that requirement will take precedence.

14.3 International Users

Users outside Ecuador acknowledge that these Terms are governed by Ecuadorian law, but nothing herein deprives you of the protection of the mandatory provisions of the law of your country of habitual residence.

14.4 Severability

If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.

14.5 Entire Agreement

These Terms, together with the Privacy Policy and any applicable service contract, constitute the entire agreement between you and Proximity GPS regarding the use of the App.

15. Apple App Store — Additional Terms

The following additional terms apply if you download the App from the Apple App Store:

• These Terms are between you and Proximity GPS only, and not with Apple Inc. Apple is not responsible for the App or its content.
• Apple has no obligation to provide maintenance or support services for the App.
• In the event of any App failure to conform to applicable warranty, you may notify Apple and Apple will refund the App purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation for the App.
• Apple is not responsible for addressing claims by you or any third party relating to the App, including product liability claims, consumer protection or privacy laws, and intellectual property infringement claims.
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
• You must comply with applicable third-party terms when using the App (e.g., your wireless carrier's terms).

16. Google Play Store — Additional Terms

The following additional terms apply if you download the App from the Google Play Store:

• These Terms are between you and Proximity GPS only, and not with Google LLC. Google is not responsible for the App or its content.
• Google has no obligation to provide maintenance or support services for the App.
• Google is not responsible for addressing any claims related to the App.
• You must comply with Google Play's Terms of Service when using the App.
• The App targets Android 14 (API Level 34) or later in compliance with Google Play's current target API level requirements.

17. Contact and Support

For any questions, support requests, data rights inquiries, or to report a problem:

18. Consent and Acceptance

By tapping "I Agree," creating an account, or using the App, you confirm that:

• You have read, understood, and agree to be legally bound by these Terms;
• You meet the eligibility requirements set out in Section 2.1;
• You consent to the collection and processing of your personal data as described herein and in the Privacy Policy;
• You will use the App only in compliance with applicable laws and these Terms.