SVG-GPS SA de CV provides the Services with reasonable care and diligence. However, it does not guarantee that they will be error-free. The section above on Smart Tracking Services explains how each of the services in the application works and the associated limitations. SVG-GPS SA de CV aims to provide the Services at all times. However, Customer acknowledges and agrees that due to the nature of mobile, GPS and other technologies involved, the Services (or any part thereof) may not be available at all times or in certain locations, and the Services may be adversely affected by physical characteristics beyond SVG-GPS SA de CV's control, including network overload, weather conditions, electromagnetic atmospheric conditions and other causes of interference beyond its control (for example, failure of GPS or GSM networks or for Service maintenance purposes), or if Customer uses the Device and/or Application in a location inadequately covered by SVG-GPS SA de CV's GPS or GSM networks. The devices are dust and water resistant and have been tested under controlled laboratory conditions with a rating of IP67 under IEC standards. This means that the device is resistant to water splashes; however, it may be damaged by immersion in water of more than 1 meter or for periods longer than 30 minutes. It also does not guarantee protection against immersion in liquids other than fresh water. The Customer should be aware that resistance may decrease over time with normal use. The device should be cleaned with fresh water and dried with a lint-free cloth if it comes into contact with anything other than fresh water. Customer acknowledges that the Device is intended to be used only in the manner advertised by SVG-GPS SA de CV and should not be used to track individuals. If used in any other manner, some Services may not be available or may not function properly. If the Device is damaged, the Services may not be available. The device is intended for ground tracking and should not be connected to or used on an aircraft. The device is not designed to comply with all rules and regulations regarding the use of connected and battery-powered devices on an aircraft, nor is it intended for use in baggage stored in aircraft holds. Customer should check airline baggage restrictions before traveling. Use of the Device may require firmware updates from time to time. These firmware updates are mandatory and if not completed, the Services will be unavailable or may be adversely affected. The Customer will be notified in the Application when a mandatory firmware update is required and will be provided with instructions on how to complete the update.

If the Customer's device or the mobile equipment on which the Customer uses the Application is stolen, damaged, destroyed or lost, SVG-GPS SA de CV will not be required to refund any subscription that the Customer has paid in advance to use the Services, or the cost of the Customer's device or mobile equipment. The Customer must immediately contact SVG-GPS SA de CV so that it can prevent further activity on the Customer's Application account.

SVG-GPS SA de CV may suspend, restrict or stop providing the services (in whole or in part) and/or the Customer's Vodafone account in the following circumstances:

1. If SVG-GPS SA de CV believes that your application, device, or the services are being used in a way that is not permitted by these terms and conditions or the company's terms and conditions.
2. If SVG-GPS SA de CV or you believe that your account or mobile device has been obtained in an unauthorized, illegal, inappropriate, or fraudulent manner.
3. If the customer owes money to SVG-GPS SA de CV related to the subscription and has not paid as required.
4. If the customer does something (or allows something to be done) that SVG-GPS SA de CV believes may damage or affect the operation or security of the SVG-GPS SA de CV network.
5. If the customer informs SVG-GPS SA de CV that their device has been lost or stolen.
6. If SVG-GPS SA de CV is unable to provide the services continuously.
7. If there is a change in applicable law, regulation, or other binding rule that prevents SVG-GPS SA de CV from providing any of the services. In these circumstances, SVG-GPS SA de CV may also suspend the customer's account and will attempt to notify the customer when services are suspended, restricted, or cancelled, although it is not required to do so.
8. SVG-GPS SA de CV may stop providing the services at any time upon giving one month's notice. Payment issues will be reviewed to assess the unused portion of the subscription period as soon as reasonably practicable.
9. The customer may stop using the services at any time but remains responsible for the subscription payment unless cancelled in accordance with SVG-GPS SA de CV's terms and conditions.
10. If SVG-GPS SA de CV has to interrupt the services for maintenance or due to a technical failure in the network, the customer may be entitled to a partial credit based on the number of days without services. To receive a partial credit, the customer must notify SVG-GPS SA de CV immediately of a major interruption, which will be evaluated based on typical usage history.

Service Updates and Changes

SVG-GPS SA de CV may add new services to the device and/or apps and make changes, add, or remove any of the services at any time.

Some new services may be made available to the customer as add-on options that can be purchased in addition to the current subscription ("Add-ons").

SVG-GPS SA de CV may also make new improvements to the application or device, and change or introduce new terms to this agreement at any time. If possible, SVG-GPS SA de CV will provide the customer with reasonable notice of these changes. Changes will apply when details of the changes are published in a manner that SVG-GPS SA de CV considers reasonable, for example, by sending a notification through the application or when the customer enters into a new subscription or purchases an add-on.

SVG-GPS SA de CV may change locations or introduce new charges. If charges increase, the customer will be notified at least one month in advance in a manner deemed reasonable, such as by sending a notification through the application. If SVG-GPS SA de CV considers that any change in charges will not be detrimental to the customer, it may be included without prior notice.

Any changes to your subscription will be governed by the terms and conditions of the device or service.

By continuing to use your device, you agree to these changes. If you do not agree to any of these changes, you do not have to continue purchasing your subscription or any add-ons, or use the services.

SVG-GPS SA de CV Liability and Terms

SVG-GPS SA de CV shall not be liable to the customer for any loss of income or profits, loss of use of the services, loss of business, property damage, or loss of opportunity, or loss or damage that:
(a1) is not directly caused by SVG-GPS SA de CV;
(a2) would not be reasonably expected at the time this agreement was signed;
(a3) is caused by the customer's breach of this agreement, the separate terms and conditions that apply to the device or application;
(a4) results from any reasonable instructions provided in the application;
(a5) arises from customer negligence with the use of the application or device.

The customer or user of the device waives civil or criminal actions that may arise due to the use of the tracking equipment, the application, or for losses or damages it causes. The customer agrees to submit to arbitration to seek resolution of such damages or losses. Since the device does not interact with the vehicle's electrical or electronic components, SVG-GPS SA de CV is not responsible for any vehicle fire or partial/total damage, and the client waives any civil or criminal action against SVG-GPS SA de CV.

SVG-GPS SA de CV is not responsible to the client if services cannot be provided due to circumstances beyond its reasonable control. These terms may affect certain consumer rights, and SVG-GPS SA de CV will not be responsible when agreeing with the client.

If the device (cell phone or tablet) cannot start, execute, or run the application due to the device itself or the client’s negligence or lack of expertise, it is the client’s responsibility to download the application on a device suitable for the service and standards covered by this contract.

Supplier and Customer Declarations

SUPPLIER Declares:

• It is a legally constituted Mexican legal entity, with legal capacity and the necessary means to comply with the obligations of this contract.
• Its purpose is the distribution, marketing, and installation of the products subject to this contract, as well as the provision of the geolocation service (GPS) detailed in the “Technical Annex.”
• It has the economic, administrative, and technical capacity necessary to comply with all the terms and conditions of this contract. It also assures under oath that the brands of the products to be supplied to the CLIENT are its property or have the necessary license or authorizations and/or permits in accordance with the applicable regulations to market and install them.

CUSTOMER Declares:

• He/she is a natural person who has the authority and resources to enter into this contract.
• He/she wishes to acquire from the SUPPLIER the products described in the “Technical Annex” as well as the provision of the GPS geolocation service.
• The financial resources with which he/she will meet the payment obligations arising from this contract are and will be of lawful origin.

PARTIES Declare:

• It is their will to enter into this contract under the terms and conditions contained herein.
• There is no fraud or bad faith in the execution of this contract, so that each and every one of the agreements entered into under the terms thereof are valid and legitimate.

Contract Points

FIRST:

• At the time of signing this contract, the “supplier” sells to the “client” the product described in the “Technical Annex.”

SECOND:

• The “CLIENT” agrees to pay the “supplier” the total amount for the sale and installation of the product, according to the financial annex of this contract.

THIRD:

• The “CLIENT” will make payments to the “supplier” as specified in the “financial annex.”
• The location and information transmission service will be canceled for non-payment. In such a case, the “client” agrees to settle the outstanding balance in a single payment.
• The “CLIENT” declares that they know the nature and scope of the procedure and accept each and every one of its terms and conditions.

FOURTH:

• The “CLIENT” agrees to comply with the payment obligations arising from this contract regarding the provision of the geolocation service via GPS for the time stipulated in the respective clause.
• The “CLIENT” acknowledges that this contract may derive additional obligations for “SVG-GPS” SA DE CV or third parties under this contract.
• The “CLIENT” agrees to receive and pay for the contracted service according to the Service Plan established in the Annex (List of Units and Service Conditions) of this document.
• This agreement and its annexes constitute support for the basis of acceptance and full understanding of the parties, canceling, replacing, or eliminating any prior oral or written proposal.

FIFTH:

• The duration of this contract shall be mandatory for 12 months and requires written consent from both parties for termination or early termination.
• Every 12 months, an adjustment is made to the price of the geolocation service via GPS in relation to inflation.

SIXTH:

• The “PROVIDER” guarantees 12 months of labor and provision of geolocation services (GPS), as long as it is not intervened by third parties or the SIM card is manipulated.
• The “PROVIDER” agrees to carry out inspections to guarantee the correct operation of the system during the first year of operation.
• The “PROVIDER” agrees to provide support to manage with suppliers or manufacturers the individual guarantees of each installed equipment.
• The “CLIENT” acknowledges responsibility for the use and operation of the GPS system and waives any claims against the “PROVIDER” for any consequences caused by its operation.
• The “CLIENT” acknowledges that the service provided by “SVG-GPS” SA DE CV is the result of the integration of services provided by External Service Providers and Transport Companies.
• The “CLIENT” releases “SVG-GPS” SA DE CV from liability for any faults or anomalies in the service caused by External Service Providers or Transport Companies.
• “SVG-GPS” SA DE CV is not responsible for recovering or returning the vehicle or personal property where the tracking equipment is installed.
• The “CLIENT” waives any civil or criminal action against “SVG-GPS” SA DE CV in the event of damage to the vehicle or personal property.

SEVENTH:

• If the “CLIENT” delays payments for more than 15 days, the equipment mentioned in the “Technical Annex” will remain as a guarantee of payment.
• The “CLIENT” authorizes the “supplier” to remove the equipment installed in the vehicle corresponding to the amount owed.

EIGHTH:

• All obligations and commitments assumed by the “PARTIES” are contained and included exclusively in this contract and its terms and conditions.
• In the event of a cancelled, damaged, or stolen vehicle, the “CLIENT” remains responsible for the remainder of the contract.

NINTH:

• “THE PARTIES” agree to sign and deliver any additional documents necessary to achieve the objectives of this contract.

TENTH:

• No modification, amendment, or addition to this contract shall be binding unless made in writing and signed by “THE PARTIES.”

Eleventh: Additional Charges

• Customer is responsible for additional charges arising from repair costs, alteration of the unit or wiring, blown fuse, or liquid damage.
• If the unit needs to be removed due to being sold or damaged in an accident, the customer will bear the cost of removal and reinstallation.
• Customer is responsible for additional administrative charges or negligence in handling the product.

Twelfth: Causes for Termination

• SVG-GPS SA DE CV may terminate the contract for the following reasons:
  • Failure to cover two or more invoices.
  • Providing false information.
  • Violating any provision of the contract.
  • Transferring rights without written consent from SVG-GPS SA DE CV.
• The contract may be terminated early in the following cases:
  • Death of the client.
  • Dissolution, liquidation, or bankruptcy of the client.
  • Client does not agree with contract modifications or rate increases.
  • Termination requested by the client, applying penalties.
  • Judicial or administrative order for termination.
  • Service cannot be performed due to reasons beyond control.

Thirteenth: Delivery and Provision of Service

• Additional costs/expenses must be paid by the client as per the contract specifications.

Fourteenth: Location Service and Service Plan

• The service plan chosen by the client will be described in the technical annex.
• The service is for locating and communicating with the ULM installed in a vehicle.

Fifteenth: Disclaimer of Liability for Interaction with Security Agencies

• SVG-GPS SA DE CV is not responsible for contacting security agencies in case of theft or accidents.
• The client must contact the appropriate authorities.

Sixteenth: Cost of Service

• Activation fees, rental, prepaid rents, additional packages, and other costs will be included in the contract.
• Additional packages beyond the plan limits will be billed at unit rates.
• Unused packages in a monthly cycle cannot be carried over to the next cycle.

Seventeenth: No Ownership Interests

• The client does not acquire any property rights over the website, mobile app, or access keys.
• Access keys can be changed with prior notice.
• Access keys are confidential and cannot be disclosed without written authorization from the client.

Eighteenth: Test Events by SVG-GPS SA DE CV

• SVG-GPS SA DE CV may communicate with the client's ULM for internal testing purposes without cost to the client.
• The service is solely for the client's use and cannot be resold without agreement from SVG-GPS SA DE CV.

Nineteenth: Limitation on Mobile Tracking Units

• SVG-GPS SA DE CV reserves the right to limit the number of mobile tracking units assigned to a client.

Twentieth: Compliance with Laws

• The client is responsible for complying with all applicable laws and regulations in Mexico and other jurisdictions.
• The client releases SVG-GPS SA DE CV from any liability for violations caused by the client or their agents.

• TWENTY-FIRST:

  The “CLIENT” declares that the information contained in this contract signed with SVG-GPS” SA DE CV is complete and accurate. The “CLIENT” agrees to immediately notify SVG-GPS” SA DE CV of any change in the information contained in said part. If the CUSTOMER wishes to transfer any of the ULMs to other cars, he/she must notify SVG-GPS SA de CV and provide the appropriate information to obtain the consent of “SVG-GPS” SA DE CV of said transfer before carrying out the transfer and installation.

• TWENTY-SECOND:

  Review of rates and services. At the end of the first year after the signing of this contract, “SVG-GPS” SA DE CV may, at any time, send a notice with 30 days in advance to review the following: The update and/or modification of the rates of the service plan specified in this Agreement. The number of unit accesses assigned to each location and the data communication service...

• TWENTY-THIRD:

  Billing, payment methods and taxes. “SVG-GPS” SA DE CV will send the “CLIENT” the invoice containing, among other concepts, the fixed charge and, in the case of a limited access plan, the number of accesses made by the “CLIENT” during the monthly billing cycle specified in the invoice. The “CLIENT” must pay “SVG-GPS” SA DE CV in accordance with the terms established in this contract at the address that “SVG-GPS” SA DE CV indicates on its invoices...

• TWENTY-FOURTH:

  Duration, Renewal and Penalty This Agreement is subject to a mandatory term, as defined in the corresponding annex. The provision of the contracted SERVICE begins from the first day in which the ULM has been duly activated in the "CLIENT" vehicle...

• TWENTY-FIFTH:

  Service interruption, “SVG-GPS” SA DE CV shall not be obliged to provide any justification for any failure or delay in the service that does not exceed more than 72 continuous hours. Likewise, the “CLIENT” acknowledges that the complete coverage of any area according to the coverage map is subject to the eventualities indicated in this contract...

• TWENTY-SIXTH:

  Warranties by “SVG-GPS” SA DE CV Any warranty is limited to the minimum period required by law. No employee or agent of “SVG-GPS” SA DE CV is authorized to grant any warranty, whether written or oral, additional to those contemplated in this Agreement...

• TWENTY-SEVENTH:

  Guarantee by the client. To guarantee compliance with the payment obligations agreed upon in this Contract and any other obligation that the “CLIENT” acquires before “SVG-GPS” SA DE CV, the latter may request that the “CLIENT”...

• TWENTY-EIGHTH:

  Suspension of service. The following are grounds for suspension of service at the expense of the CUSTOMER: A. Not to cover under any circumstances the amount of the invoice on the respective payment date...

• TWENTY-NINTH:

  Restoration of service. In the event of restoration of the SERVICE, “SVG-GPS” SA DE CV shall have the right to request from the “CLIENT” an additional guarantee to those mentioned in Clause Twenty-Seven of this Contract...

• THIRTIETH:

  Return of the leased equipment to the “CLIENT”. The “CLIENT” agrees to return the location equipment that has been leased to him/her in normal condition (if applicable), which must be validated by a specialized technician from “SVG-GPS” SA DE CV to verify that the equipment does not show signs of having been manipulated or subjected to conditions of use other than those authorized in the Equipment Guarantee...

• TWENTY-FIRST:

  The “CLIENT” declares that the information contained in this contract signed with SVG-GPS” SA DE CV is complete and accurate. The “CLIENT” agrees to immediately notify SVG-GPS” SA DE CV of any change in the information contained in said part. If the CUSTOMER wishes to transfer any of the ULMs to other cars, he/she must notify SVG-GPS SA de CV and provide the appropriate information to obtain the consent of “SVG-GPS” SA DE CV of said transfer before carrying out the transfer and installation.

• TWENTY-SECOND:

  Review of rates and services. At the end of the first year after the signing of this contract, “SVG-GPS” SA DE CV may, at any time, send a notice with 30 days in advance to review the following: The update and/or modification of the rates of the service plan specified in this Agreement. The number of unit accesses assigned to each location and the data communication service...

• TWENTY-THIRD:

  Billing, payment methods and taxes. “SVG-GPS” SA DE CV will send the “CLIENT” the invoice containing, among other concepts, the fixed charge and, in the case of a limited access plan, the number of accesses made by the “CLIENT” during the monthly billing cycle specified in the invoice. The “CLIENT” must pay “SVG-GPS” SA DE CV in accordance with the terms established in this contract at the address that “SVG-GPS” SA DE CV indicates on its invoices...

• TWENTY-FOURTH:

  Duration, Renewal and Penalty This Agreement is subject to a mandatory term, as defined in the corresponding annex. The provision of the contracted SERVICE begins from the first day in which the ULM has been duly activated in the "CLIENT" vehicle...

• TWENTY-FIFTH:

  Service interruption, “SVG-GPS” SA DE CV shall not be obliged to provide any justification for any failure or delay in the service that does not exceed more than 72 continuous hours. Likewise, the “CLIENT” acknowledges that the complete coverage of any area according to the coverage map is subject to the eventualities indicated in this contract...

• TWENTY-SIXTH:

  Warranties by “SVG-GPS” SA DE CV Any warranty is limited to the minimum period required by law. No employee or agent of “SVG-GPS” SA DE CV is authorized to grant any warranty, whether written or oral, additional to those contemplated in this Agreement...

• TWENTY-SEVENTH:

  Guarantee by the client. To guarantee compliance with the payment obligations agreed upon in this Contract and any other obligation that the “CLIENT” acquires before “SVG-GPS” SA DE CV, the latter may request that the “CLIENT”...

• TWENTY-EIGHTH:

  Suspension of service. The following are grounds for suspension of service at the expense of the CUSTOMER: A. Not to cover under any circumstances the amount of the invoice on the respective payment date...

• TWENTY-NINTH:

  Restoration of service. In the event of restoration of the SERVICE, “SVG-GPS” SA DE CV shall have the right to request from the “CLIENT” an additional guarantee to those mentioned in Clause Twenty-Seven of this Contract...

• THIRTIETH:

  Return of the leased equipment to the “CLIENT”. The “CLIENT” agrees to return the location equipment that has been leased to him/her in normal condition (if applicable), which must be validated by a specialized technician from “SVG-GPS” SA DE CV to verify that the equipment does not show signs of having been manipulated or subjected to conditions of use other than those authorized in the Equipment Guarantee...

• THIRTY-FIRST:

  General. No revision or modification to this Agreement shall be binding upon “SVG-GPS” SA DE CV unless such amendment or modification is in writing and signed by a person authorized to represent “SVG-GPS” SA DE CV. If any of these clauses are contrary, prohibited or considered invalid by any laws or regulations established, said clause shall be omitted, cancelled or invalidated, and the remaining clauses of this agreement shall not be cancelled and the latter shall continue to have the agreed effects. Any waiver, right or breach of the contract shall not be considered permanent and shall not prevent any claim for breach of the contract in all the terms or conditions of this agreement.

  This contract is exclusive to “SVG-GPS” SA DE CV and any person or entity must waive the benefit of continuity or permanence. The “CLIENT” may not transfer the benefits of this contract to: family members, companies, subsidiaries or affiliates; to any successor company by consolidation or merger; to any legal representative or authority in charge of carrying out a legal process that by its nature the “CLIENT” has processed and to which the “CLIENT” has sold all of its rights or substantially all of its assets, unless the “CLIENT” requests authorization from “SVG-GPS” SA DE CV and it issues its consent in writing. In the event that “SVG-GPS” SA DE CV authorizes any transfer of benefits or rights, the “CLIENT” will be jointly liable with the assignee with respect to any obligation or liability arising from this contract.

• THIRTY-SECOND:

  “The Parties” declare that, for the interpretation and fulfillment of this contract, they submit to the jurisdiction and competence of the Courts of the City of Morelia in the State of Michoacán, consequently waiving the jurisdiction that corresponds to them due to their present or future domicile.

  Having read the content of this contract to those involved in it and being aware of its scope, they expressed their agreement with it, stating that there was no fraud, bad faith, injury, violence or any reason that forced them to express their will in this contract, ratifying in the presence of witnesses their will in this contract.

  The users of this application expressly accept, by the mere fact of making use of said system, to submit to and comply with the terms and conditions established in this section.

The use of this application does not grant any rights over it beyond the authorization for its permitted use.

The ownership of the intellectual property rights of the application is and corresponds exclusively to SVG-GPS SA de CV.

Under no circumstances may the User alter the application in any way, reverse engineer, distribute, make a copy or any use other than that expressly authorized, without prejudice to any liabilities, including criminal liability, that may apply.

SVG-GPS SA DE CV

CLIENT