1. Interpretation and Acceptance of Terms

1.1 Binding Effect: These Terms of Service (hereinafter the “Terms”) shall be deemed a binding and enforceable legal contract between the individual or entity accessing the Services (hereinafter the “User”, “you”, or “your”) and Globitrack Ltd, a limited liability company duly incorporated under the laws of the Republic of Trinidad and Tobago (hereinafter the “Company”, “we”, “us”, or “our”), governing the access to and utilization of any and all Services made available by the Company.

1.2 Acceptance: By accessing, browsing, installing, registering for, downloading, or in any other manner utilizing the Services (as defined herein), you irrevocably signify your understanding of, and unqualified assent to, these Terms. If you object to or do not wish to be bound by any provision herein, your sole recourse shall be to refrain from using the Services forthwith.

2. Eligibility and User Obligations

2.1 Eligibility Criteria: Access to the Services is strictly limited to natural persons or duly constituted legal entities possessing the requisite legal capacity to enter into enforceable agreements pursuant to applicable jurisdictional laws.

2.2 Accuracy and Security of Credentials: You hereby acknowledge and agree that you are solely and exclusively responsible for providing accurate, complete, and up-to-date information during the account registration process. Furthermore, you bear sole responsibility for maintaining the confidentiality and integrity of your authentication credentials. The Company disclaims all liability for any unauthorized use, access, or action undertaken through your account, whether with or without your consent.

3. Permissible Use and Prohibited Conduct

3.1 Lawful Use: The User hereby covenants to use the Services strictly in accordance with all applicable laws, rules, and regulations, and solely for purposes that are legitimate, non-infringing, and consistent with the intended functionality and purpose of the Services.

3.2 Prohibited Activities: Without limiting the generality of the foregoing, you shall not, under any circumstances:
(a) employ the Services to conduct unauthorized tracking, surveillance, or stalking of individuals;
(b) engage in any conduct that undermines, bypasses, or disables security protocols, firewalls, or encryption mechanisms;
(c) introduce any virus, worm, Trojan horse, time bomb, spyware, or other malicious or destructive code or program;
(d) attempt to disassemble, decompile, reverse engineer, replicate, or derive source code from any part of the Services; or
(e) infringe upon the intellectual property rights or privacy rights of any third party.

4. Fees, Billing, and Payment Terms

4.1 Fee Disclosure and Obligations: Certain features or functionalities of the Services may be made available only upon payment of applicable subscription fees or transactional charges. All fees must be paid by the User in strict accordance with the terms presented at the point of sale, subscription, or invoicing.

4.2 No Refund Policy: Except where expressly provided by the Company in writing or where otherwise required by law, all payments rendered to the Company shall be deemed final and non-refundable.

5. Availability, Downtime, and Maintenance

5.1 No Uninterrupted Guarantee: The Company shall endeavor, using commercially reasonable efforts, to ensure the continuous and reliable availability of the Services. However, the Company does not warrant that access to the Services shall be uninterrupted, error-free, or immune from outages or technical issues. The Company reserves the unilateral right to suspend, discontinue, or alter any part of the Services at any time, with or without prior notice.

6. Intellectual Property Ownership

6.1 Reservation of Rights: All patents, copyrights, trademarks, trade dress, trade secrets, proprietary algorithms, databases, interface designs, source code, and all other intellectual property and proprietary content embedded within or associated with the Services are and shall remain the exclusive property of the Company or its duly authorized licensors. Except for the limited, non-exclusive, revocable license explicitly granted herein, no other rights, express or implied, shall be conveyed to the User.

7. Indemnification and Defense

7.1 Indemnity: You agree to fully indemnify, defend, and hold harmless the Company and its respective officers, directors, shareholders, employees, affiliates, agents, and legal representatives from and against any and all liabilities, claims, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:
(a) your use or misuse of the Services;
(b) your breach of these Terms;
(c) any violation by you of applicable law, regulation, or third-party rights.

8. Limitation of Liability

8.1 Exclusion of Damages: To the maximum extent permitted by applicable law, in no event shall the Company be liable to you or to any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, loss of data, or business interruption, arising from or related to your use of or inability to use the Services, even if the Company was advised of the possibility of such damages.

8.2 Aggregate Liability Cap: In all events, the aggregate liability of the Company for any claim, demand, cause of action, or liability arising out of or relating to these Terms or the Services shall not exceed the amount paid by you to the Company for access to the Services in the twelve (12) month period immediately preceding the event giving rise to such claim.

9. Termination and Suspension of Services

9.1 Termination Rights: The Company reserves the absolute right, at its sole discretion and without prior notice, to suspend or terminate your access to the Services, in whole or in part, for any reason including, but not limited to, breach of these Terms, suspected fraudulent activity, or violation of applicable law.

9.2 Effect of Termination: Upon termination or expiration of your access to the Services, all rights and licenses granted to you herein shall immediately cease, and you shall forthwith discontinue all use of the Services.

10. Governing Law and Jurisdiction

10.1 Governing Law: These Terms shall be governed, construed, and enforced in accordance with the laws of the Republic of Trinidad and Tobago, excluding any conflict-of-laws principles that would result in the application of the laws of another jurisdiction.

10.2 Jurisdiction and Venue: All disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the competent courts located within the Republic of Trinidad and Tobago, and you hereby consent to the personal and subject matter jurisdiction of such courts.

11. Amendments and Modifications

11.1 Modification Rights: The Company reserves the right to revise, amend, update, or modify these Terms, in whole or in part, at any time and at its sole discretion. Notice of material modifications may be communicated through the Services or by other reasonable means. Your continued use of the Services following such modifications shall constitute conclusive acceptance of the revised Terms.