Terms of Service

These Terms of Service ("Terms") govern your access to and use of MaxwellTrack IoT Cloud, operated by MaxwellTrack ("MaxwellTrack", "we", "us", "our"), including our websites, dashboards, application programming interfaces (APIs), and connected-device services (together, the "Platform").

By creating an account or using the Platform, you agree to these Terms and to our Privacy Policy. If you use the Platform on behalf of an organisation, you represent that you are authorised to bind that organisation, and "you" includes that organisation.

If you do not agree, do not use the Platform.

• "Account" - the account you create to access the Platform.
• "Charges" - the amount for metered usage beyond your Credits, billed as described in "Credits, charges, payment, and refunds".
• "Content" - the data, code, configurations, and other materials you submit to or create on the Platform.
• "Credits" - a balance we grant to your Account, such as the starting grant for new accounts, that pays for metered usage before anything else. Credits are not purchased and are not money.
• "Device" - any hardware you connect to the Platform.
• "Documentation" - the guides and materials we make available describing how to use the Platform.
• "Payment partner" - the company that processes card payments for the Platform and acts as the merchant of record for them.
• "Spending limit" - the monthly amount of Charges at which metered services pause.

You must be at least 16 (or the minimum age of digital consent where you live, if higher) and able to enter into a binding contract. The Platform is not available to anyone we are barred from serving under applicable law.

You are responsible for your Account, your credentials, and all activity that happens under it. Keep your password secure, do not share your access, and notify us promptly of any unauthorised use. Provide accurate information and keep it current.

We may verify your email, and we may refuse, limit, suspend, or reclaim accounts where necessary to protect the Platform and its users.

The Platform lets you connect devices, view live data, build dashboards, run automations, write and deploy device code, use AI assistance, and - where available in your region - use fleet, mapping, and insurance features.

We continually improve the Platform and may add, change, or remove features. Availability of certain features may vary by region. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Platform in accordance with these Terms.

The Platform and certain features are offered on a region-by-region basis and may not be available everywhere. You are responsible for complying with the laws that apply where you use the Platform.

You confirm that you are not located in, and will not use the Platform in or for the benefit of, any country or person subject to applicable trade sanctions or export-control restrictions, and that you will not use the Platform for any prohibited end use.

You pay for the metered parts of the Platform you use: connected devices, data messages, storage, automations, AI features, remote device updates, and alert calls and text messages, at the rates shown in your account. We may change the rates with reasonable notice; a change applies to usage after it takes effect.

Credits are always used first. New accounts may receive a starting grant, and we may grant further Credits. Credits are not money: they have no cash value and cannot be transferred, withdrawn, exchanged, or refunded.

Card billing. Where card billing is switched on for your account and you add a card, usage beyond your Credits becomes Charges. Charges are billed monthly in arrears, with a line for each service, plus any taxes that apply. By adding a card you authorise these recurring payments until you remove the card or close your account.

Our Payment partner sells the Platform to you as merchant of record: it is the seller named on your receipt, takes the payment, and calculates and collects any sales tax, under its own terms and privacy policy, which are shown at checkout. Your card details go to the Payment partner and never reach us.

Spending limit. Every card account has a monthly Spending limit, shown on your Billing page, which you can change there up to a maximum we set for your account. When your Charges for a billing period reach it, metered services pause until the next period or until the limit is raised.

Failed payments. If a payment fails, the Payment partner retries it and we let you know. Service continues for a grace period shown on your Billing page; after it, metered services pause until your card is updated. Unpaid Charges remain due.

Without card billing. If card billing is not switched on for your account, metered services pause when your Credits run out. Contact us and we can add Credits to your account.

Billing errors and refunds. Your usage, Charges, and invoices are available in your account, and you are responsible for reviewing them. If you believe a Charge is wrong, contact us within 60 days of the invoice; we will correct any error and refund any amount charged in error. Otherwise, Charges for usage the Platform delivered are not refundable, except where the law requires. A refund never reduces your Credits.

Prices are exclusive of taxes unless stated otherwise. Where the Payment partner does not collect a tax, you are responsible for any taxes, duties, or levies that apply to you.

You agree not to:

• Break the law or infringe the rights of others.
• Access, disrupt, or overload the Platform without authorisation, or probe, scan, or test it except as we expressly permit.
• Reverse engineer, decompile, copy, resell, rent, or sublicense the Platform without our permission.
• Upload, deploy, or transmit malware, or content that is unlawful, harmful, deceptive, hateful, or infringing.
• Use the Platform to harm, harass, defraud, impersonate, or unlawfully surveil others.
• Misrepresent your identity, affiliation, or authority to act.
• Circumvent usage limits, billing, security controls, rate limits, or regional restrictions.
• Use the Platform to build a competing product, or to scrape or harvest data without permission.

If we provide API access, you may use it only in line with these Terms, our Documentation, and any rate or usage limits we set. We may apply, change, or enforce limits to protect the Platform and ensure fair use for everyone.

You are responsible for keeping your API credentials secure and for all activity carried out with them. We may suspend or revoke API access that threatens the stability, security, or integrity of the Platform.

The Platform lets you write code in the browser, compile it, and deliver it to your devices over the air.

You are solely responsible for the code you write and deploy, for testing it, and for the behaviour and safety of your devices. Deploying firmware carries inherent risk, including the risk that a device becomes unresponsive, behaves unexpectedly, or is rendered inoperable.

To the fullest extent permitted by law, we are not responsible for damage to, loss of, or malfunction of devices, or for any consequence of code you deploy through the Platform. You should test on non-critical hardware and keep a recovery path.

We provide software and services, not hardware. We do not manufacture, sell, or warrant your devices, and we are not responsible for their quality, safety, compatibility, or performance.

Your devices and any third-party firmware, libraries, or components you use may be subject to their own terms, licences, and warranties (or lack of warranty), for which the relevant providers are responsible.

AI features are assistive and provided to help you work faster. AI outputs may be inaccurate, incomplete, or unsuitable for your purpose, and are not professional, legal, financial, medical, or safety advice.

You are responsible for reviewing AI outputs before relying on them. Any action that controls a device requires your explicit approval. Do not submit content you are not permitted to share, and do not rely on AI features for decisions that require certainty.

The Platform lets you create automations that run on schedules or in response to events and that may send messages, control devices, or call external endpoints you configure.

You are responsible for the automations, inbound and outbound webhooks, and third-party services you connect, including their security, the data you exchange with them, and any consequences of their operation. We are not responsible for third-party endpoints or for actions taken by your automations.

Where you use fleet, location, or telematics features, you confirm that you have the right - and any consent required by law - to track the relevant vehicles and drivers and to process their data, and that you will give them any notice the law requires.

Location and telematics data may be delayed, incomplete, or inaccurate and must not be relied on for emergency response, navigation in hazardous conditions, or any life-safety decision.

The Platform may let vehicle owners share driving data with licensed insurance partners, strictly on the owner's explicit, revocable consent.

MaxwellTrack provides the data platform only. It is not an insurer, broker, or adviser, and it makes no underwriting, pricing, or claims decisions. Insurance partners are independent and responsible for their own services, decisions, communications, and regulatory compliance.

The Platform lets you create a Workspace to invite your own end-customers and assign devices to them. As a Workspace owner, you are solely responsible for: (a) ensuring your customers agree to these Terms before accessing the Platform through your Workspace; (b) all activity that takes place under your Workspace, including your customers' use of their assigned devices; and (c) any content, data, or commands your customers submit through your Workspace.

Usage of your devices, including activity by customers you share them with, and any AI use you choose to pay for on their behalf, is charged to your account: your Credits first, then, where card billing is switched on, as Charges. Your Spending limit applies to it.

You may invite customers to access only the devices and data you have explicitly assigned to them. You must not use Workspaces to provide access to data or devices that belong to other users, or to circumvent the Platform's access controls.

We may suspend or terminate a Workspace if we determine it is being used in breach of these Terms. On termination of your Workspace or account, your customers will lose access to their assigned devices and data.

You retain ownership of the Content you submit, including device data and code. You grant us a worldwide, non-exclusive licence to host, store, process, transmit, display, and back up your Content as needed to operate, secure, and improve the Platform and to provide it to you and those you authorise.

You are responsible for your Content and for having all rights, permissions, and consents needed to use it on the Platform, including in respect of other people whose data you provide.

While we take reasonable measures to protect and back up data, you are responsible for maintaining your own backups of any Content that is important to you. To the fullest extent permitted by law, we are not liable for any loss of, or inability to access, your Content.

We may offer features labelled as preview, beta, early access, or experimental. These are provided "as is", may be changed or withdrawn at any time, may be less reliable, and are excluded from any availability commitment. Your use of them is at your own discretion and risk.

The Platform, including its software, design, branding, and Documentation, belongs to MaxwellTrack and its licensors and is protected by applicable laws. These Terms transfer no MaxwellTrack intellectual property to you beyond the limited right of use granted here.

If you give us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free licence to use them to improve the Platform, without any obligation to you.

The Platform may interoperate with third-party services and providers. Your use of those services may be subject to their own terms, and we are not responsible for third-party services, their availability, or their acts and omissions.

By using the Platform, you agree to receive communications from us electronically - including service, security, billing, and account messages - and you agree that electronic communications satisfy any legal requirement that communications be in writing.

We may give you notices through the Platform, by email, or by posting them on our site. It is your responsibility to keep your contact details current.

We work hard to keep the Platform reliable, but we do not guarantee uninterrupted or error-free availability. We may modify, suspend, or discontinue parts of the Platform and may perform maintenance, sometimes without notice. We will use reasonable efforts to limit disruption.

The Platform is not designed or intended for use in high-risk or safety-critical settings where failure could lead to death, personal injury, or severe physical, environmental, or property damage - such as life support, emergency services, critical infrastructure, or the operation of dangerous machinery.

You must not rely on the Platform for such uses, and you assume all risk and responsibility if you do.

To the fullest extent permitted by law, the Platform is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement.

We do not warrant that the Platform will be uninterrupted, secure, timely, or error-free, that defects will be corrected, or that any data, output, or result will be accurate, complete, or preserved.

To the fullest extent permitted by law, MaxwellTrack and its team will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, business, or goodwill, arising from or related to your use of, or inability to use, the Platform - even if we have been advised of the possibility.

Our total aggregate liability for any and all claims relating to the Platform will not exceed the greater of the amounts you paid or owe for the Platform in the three months before the event giving rise to the claim, or fifty United States dollars (US$50).

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

You agree to indemnify, defend, and hold harmless MaxwellTrack and its team from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from or related to your Content, your use of the Platform, your devices and deployed code, your automations and integrations, data you provide about others, or your breach of these Terms or of the law.

You may stop using the Platform and close your account at any time. We may suspend or terminate your access if you breach these Terms, if Charges remain unpaid after the grace period, if required to protect the Platform or its users, or as required by law - immediately where the circumstances warrant.

Charges incurred before termination remain payable, and usage in the final billing period is invoiced after your account closes.

On termination, your right to use the Platform ends. We will give you a reasonable opportunity to export your data, except where prohibited, after which we may delete it. Provisions that by their nature should survive - such as the content licence to the extent needed, intellectual property, disclaimers, limitation of liability, indemnification, and governing law - survive termination.

These Terms are governed by the laws of the United Republic of Tanzania, where MaxwellTrack is based, without regard to conflict-of-law rules. You and we agree to the exclusive jurisdiction of the courts located in Tanzania for any dispute, except that either party may seek injunctive or equitable relief to protect its rights in any competent court.

Where the mandatory consumer or data-protection law of your own country gives you additional rights or a different forum, nothing in these Terms removes those rights. Any dispute must be brought on an individual basis and not as part of a class or representative action, to the extent permitted by law.

We may update these Terms as the Platform and the law evolve. When we make material changes, we will revise the "Last updated" date above and, where appropriate, notify you. Your continued use of the Platform after changes take effect means you accept the updated Terms.

These Terms, together with the Privacy Policy and any terms or Documentation we reference, are the entire agreement between you and us about the Platform and replace any prior agreement on the subject.

If any provision is held unenforceable, the remaining provisions stay in full effect. You may not assign or transfer these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Our failure to enforce a provision is not a waiver of it. We are not liable for delays or failures caused by events beyond our reasonable control. Headings are for convenience only.

Questions about these Terms? Write to support@maxwelltrack.com or use the contact page.