Terms of Service

By creating an account, purchasing a subscription, installing our tracking devices, or otherwise accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you are entering into these Terms on behalf of a company or other organization, you represent that you have the authority to bind that organization, and “you” refers to that organization. If you do not agree to these Terms, you may not use the Service.

Always ON Tracking provides GPS- and OBD-based fleet and asset tracking software, together with the supply and professional installation of compatible plug-in OBD tracking devices. The platform delivers features such as real-time location on a live map, trip history and route replay, automatic OBD vehicle data, geofences, smart alerts, reports, maintenance reminders, secure sharing, and integrations.

The Service is a tracking and information tool. It is not an emergency, alarm-monitoring, or dispatch service, and it does not provide vehicle immobilization. We may add, change, or discontinue features from time to time to improve the Service; where a change materially reduces core functionality of a paid feature, we will provide reasonable notice.

To use most features you must create an account and provide accurate, current, and complete information, which you agree to keep up to date. You are responsible for all activity that occurs under your account and for the users you invite, and you agree to keep your login credentials confidential.

You must notify us promptly of any unauthorized use of your account or any other suspected breach of security. We are not liable for any loss or damage arising from your failure to safeguard your account or credentials.

You agree to use the Service only for lawful purposes and in compliance with these Terms and all applicable laws. You confirm that you have the legal right to track the vehicles and assets you add to your account, and that you will inform your drivers and any other affected individuals of the tracking to the extent required by applicable employment and privacy laws.

You agree not to use the Service to track vehicles or individuals without lawful authority; not to interfere with, disrupt, probe, or attempt to gain unauthorized access to the Service or its underlying systems; not to reverse-engineer, resell, or sublicense the Service except under a written reseller agreement with us; and not to use the Service in any way that infringes the rights of others or violates the law.

Where you purchase tracking devices from us, those devices are supplied subject to the applicable purchase terms, and installation is provided as quoted. Hardware and installation are billed as one-time charges separate from your subscription. Once installed, a device plugs into your vehicle’s OBD port and transmits location and vehicle data to the platform.

You are responsible for ensuring the devices remain installed and connected. Device functionality depends on factors outside our control, including cellular network coverage, GPS signal availability, vehicle condition, and the OBD port. Any manufacturer warranty on the hardware is passed through to you as applicable.

Subscription pricing is charged per tracker, per month, on a simple volume basis — the more trackers you have, the lower the per-tracker rate. Current rates are $35 per tracker/month for 1–4 units, $30 for 5–9 units, $28 for 10–49 units, and $25 for 50–100 units; fleets of 100+ units are priced on a custom basis. Every plan includes all platform features. Your applicable rate is based on the number of active trackers on your account.

Subscriptions are billed monthly in advance with no fixed-term contract, and you may cancel at any time; fees already paid are non-refundable except where required by law. One-time hardware and installation charges are quoted and billed separately. Applicable taxes (including HST) are added to all fees. We may change our pricing on a going-forward basis with reasonable prior notice. If a payment fails or an account becomes past due, we may suspend or limit access until the balance is resolved.

As between you and us, you retain ownership of the data you and your devices generate through the Service, including your location, trip, and telemetry data. You grant us a limited licence to host, process, transmit, and display that data as necessary to provide and support the Service, to maintain security, and to meet our legal obligations.

We may generate and use aggregated or de-identified data (which does not identify you or any individual) to operate, analyze, and improve the Service. Upon termination, you may export your data during the period described in the Termination section before it is deleted in the ordinary course.

We aim to provide a reliable, high-availability service and to keep planned maintenance to a minimum, giving advance notice where practical. However, we do not guarantee that the Service will be uninterrupted, timely, error-free, or always available.

The Service depends on third-party infrastructure and networks — including cellular carriers, GPS, mapping providers, and hosting — that are outside our control, and availability may be affected by factors such as network outages, hardware issues, force majeure events, or scheduled maintenance.

The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. The Service is a tracking and information tool and should not be relied upon as the sole means of preventing theft, ensuring safety, or responding to emergencies; location and vehicle data may be delayed, incomplete, or inaccurate due to factors beyond our control.

To the maximum extent permitted by law, Always ON Tracking will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to the Service. Our total aggregate liability for any claim arising out of or relating to the Service is limited to the amount of subscription fees you paid to us for the Service in the three (3) months preceding the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited under applicable law.

You may cancel your subscription and close your account at any time. We may suspend or terminate your access if you materially breach these Terms, fail to pay amounts due, or use the Service unlawfully, and we may discontinue the Service with reasonable notice.

On termination, your right to use the Service ends. For a reasonable period following termination we will make your data available for export on request, after which it may be deleted in the ordinary course, subject to any legal retention requirements. Provisions that by their nature should survive termination — including data ownership, disclaimers, limitation of liability, and governing law — will survive.

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. You agree to submit to the exclusive jurisdiction of the courts located in Ontario, Canada for the resolution of any such dispute.

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date above and, where appropriate, provide additional notice. Your continued use of the Service after the updated Terms take effect constitutes your acceptance of them; if you do not agree to the changes, you should stop using the Service.

If you have any questions about these Terms, please contact us by phone at 416.639.7512 or through the contact form on our website. We are based in Ontario, Canada.