Terms & Conditions

TERMS OF USE OF THE MOBILE APPLICATION (APP) SVG-GPS S.A. de C.V. tracking APP

These terms of use and privacy govern the use of the application (hereinafter App) of SVG-GPS S.A. de C.V., which can be installed on mobile devices Please read the following information carefully before downloading and/or running the App.

The use of this App is subject to these conditions that you accept by using it, otherwise, do not use the App.

This Privacy Policy describes how and when we (SVG-GPS S.A. de C.V.) we collect, use and share your information through our App. By using our App you consent to the collection, transfer, storage, disclosure and use of your information as described in this Privacy Policy. You can rest assured that we will only use your information as described in this Privacy Policy.

Registration and Account Information: When you create or reconfigure your account and use our App, you voluntarily give us personal information, such as your name, email, phone number, and, where necessary, billing information. If you give us your phone number, you agree to us sending text messages to that number. You may choose to provide us with additional information, for example, with your permission, we may also access other personal information from your device, such as your phonebook, calendar, or messages.

We may use information about you for a variety of purposes, including:

provide, maintain, and improve our services, including to offer additional features and content;
respond to your questions and requests and provide you with customer service;
send you technical notices, updates, security and support alerts, and administrative messages;
monitor and analyze trends, usage, and activities related to our services;
personalize and improve the services;
detect, investigate, and/or prevent fraudulent, unauthorized, or illegal activity; and
carry out any other purpose for which the information was collected in accordance with this Privacy Policy.

Our systems are not designed to associate personal information with your activities (such as the pages you view or the things you click or search).

Location: When providing services to you, we may use or store your precise geographic location, if you give us permission to do so. We may use and store information about your location to provide features of our App and to improve and personalize the App. We do not use or share this data for any other purpose. Many devices will indicate by an icon when location services are working. We only share this location information with third parties if you approve.

Log Data: Our servers automatically record information (“Log Data”) created by your use of the App. Log data may include information such as your IP address, operating system, device, and search terms. We receive log data when you log in to our App. We use log data to provide, measure, and improve our service.

Limited Personal Data Storage Period: Our systems are designed to retain log data for up to 30 days after collection. We delete personally identifiable information (such as your name, address, email or phone number, location) and other preferences associated with your account immediately after you delete it.

Restrictions on Children: We do not knowingly contact or collect personal information from children under the age of 13. If you become aware that your child has provided us with personal information without your consent, please contact us. If we learn that a child under the age of 13 has provided us with personal information, we take steps to delete that information and terminate the child’s account.

No advertising company collects data through our service: We do not allow advertising companies to collect data through our service for ad targeting.

Changes to this Policy

We may revise our Privacy Policy from time to time. If we make any material changes to our policies, we will place a prominent notice on our website or app. If we make any changes to this Policy that, in our sole discretion, are material, we will notify you via the email address you optionally provided to us during registration. By continuing to access or use the App after those changes become effective, you agree to be bound by the revised Privacy Policy.

Limitations on Services.

SVG-GPS S.A. de C.V. provide the Services with reasonable diligence and care. However, it does not guarantee that they are error-free. The section above on Smart Tracking Services explains how each of the APP services work and the associated limitations.
The objective of SVG-GPS S.A. de C.V. is to provide the Services at all times. However, Customer acknowledges and agrees that, due to the nature of mobile technology, GPS, and other technologies involved, the Services (or any portion thereof) may not be available at all times or in certain locations, and the Services may be adversely affected by physical characteristics beyond the control of SVG-GPS S.A. de C.V., including network overload, weather conditions, electromagnetic atmospheric conditions and other causes of interference beyond its control (e.g., failure of GPS or GSM networks or for maintenance purposes of the Service), or if the Customer uses the device and/or the App in a location inadequately covered by SVG-GPS S.A. de C.V.’s GPS or GSM networks..
The devices are dustproof and waterproof, having been tested under controlled laboratory conditions with a rating of IP67 according to IEC standards. This means that the device is resistant to splashing water; however, it can be damaged in water immersions of more than 1 meter or for periods of more than 30 minutes. It also does not guarantee protection against immersion in liquids other than fresh water. The Customer must take into account that the 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 S.A. de C.V. and it should not be used to track people. If used in any other way, some Services may not be available or function properly. If the device is damaged, the Services may not be available.
The device is designed for ground tracking and should not be connected/used on an aircraft. The device is not designed to comply with all rules and regulations regarding the use of battery-connected and battery-powered devices on an aircraft, nor is it intended for use in baggage stored in the aircraft’s holds. The Customer should check the baggage restrictions of the airlines before travelling.
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 App when a mandatory firmware update is required and will be provided with any instructions on how to complete the update.

Losing your mobile device

If the Client is stolen, damaged, destroyed or lost his device or the mobile equipment on which he uses the App, SVG-GPS S.A. de C.V. you will not have to refund any subscription you have paid in advance to use the Services, or the cost of your device or mobile equipment. The Client must contact SVG-GPS S.A. de C.V. immediately so that you can prevent further activity on your App account.

Suspension and termination of the agreement

SVG-GPS S.A. de C.V. may suspend, restrict or cease to provide the Services (in whole or in part) and/or the Customer’s Vodafone account in the following circumstances:

If SVG-GPS S.A. de C.V. you believe that your App, device, or the Services are being used in a manner not permitted by these Terms and Conditions or in a manner that is not permitted by the Company’s Terms and Conditions.
If SVG-GPS S.A. de C.V. you believe that your account or mobile device is or has been obtained in an unauthorized, illegal, improper, or fraudulent manner.
If the Client owes money to SVG-GPS S.A. de C.V. related to your Subscription and you don’t pay it when you should have and SVG-GPS S.A. de C.V. You can’t collect the amount due.
If Customer does something (or permits something to be done) that SVG-GPS S.A. de C.V. believes that it may damage or affect the operation or security of the network of SVG-GPS S.A. de C.V.
If the Customer says that their device has been lost or stolen.
If SVG-GPS S.A. de C.V. you may not provide the Services on an ongoing basis.
If there is a change in applicable law, regulation, or any other binding rule that prevents you from providing any of the Services. In these circumstances, SVG-GPS S.A. de C.V. you may also suspend the account of SVG-GPS S.A. de C.V. of the Client. SVG-GPS S.A. de C.V. will attempt to report when you suspend, restrict, or terminate your Services, but you do not need to.

In addition to the cancellation rights listed above, SVG-GPS S.A. de C.V. may cease providing the Services at any time upon written notice to Customer one month in advance. SVG-GPS S.A. de C.V. refund any payments received by you from the Customer (in proportion to the period of your Subscription that you have not used) as soon as reasonably practicable.

Customer may stop using the Services at any time, but will remain responsible for payment of the Subscription, unless the Subscription is cancelled in accordance with the Company’s terms and conditions.

If SVG-GPS S.A. de C.V. If you have to interrupt the Services for maintenance or due to a technical failure in our network, you may be entitled to a partial credit based on the number of days you are without Services. In order to receive a partial credit of your Subscription, Customer must report a major outage that will be evaluated based on your typical usage history.

Variations

SVG-GPS S.A. de C.V. You 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 Customer as add-on options that may be purchased in addition to the current Subscription (“Add-ons”).
SVG-GPS S.A. de C.V. you may also make new improvements to the App or device, and change or introduce new terms to this Agreement at any time. If possible, SVG-GPS S.A. de C.V. provide the Customer with reasonable notice of these changes. Changes will be applied when the details of the changes are published in a way that SVG-GPS S.A. de C.V. deems reasonable, for example, by sending a notification through the App or when the Customer enters a new Subscription or purchases an Add-on.
SVG-GPS S.A. de C.V. You may change your positions or enter new charges. If you increase the charges, the Customer will be notified at least one month in advance in a manner deemed reasonable, for example by sending a notification via the App. If SVG-GPS S.A. de C.V. believes that any change in charges will not prejudice the Customer, may be included without notice to the Customer. Any changes to the Subscription will be governed by the terms and conditions of the device or service.
By continuing to use the device, the User accepts these changes. If you do not agree with any of these changes, you do not have to continue to purchase your Subscription or any Add-ons, or use the Services.

Liability and exclusions

SVG-GPS S.A. de C.V. shall not be liable to Customer for any loss of revenue 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 S.A. de C.V.: (a2) that would not reasonably be expected at the time this Agreement was signed: (a3) that are caused by Customer’s breach of this Agreement, the separate terms and conditions that apply to the device or the App: or (a4) any reasonable instructions provided to it in the App.
SVG-GPS S.A. de C.V. is not liable to the Customer if the Services cannot be provided due to something beyond its reasonable control.
The terms of this agreement shall not affect any rights that Customer may have as a consumer under any law and that SVG-GPS S.A. de C.V. cannot exclude by agreeing with the Client.

CONTRACT FOR THE SALE AND PROVISION OF LOCATION SERVICES VIA GPS, ENTERED INTO BY THE COMPANY CALLED “SVG-GPS” S.A. DE C.V., HEREINAFTER REFERRED TO AS THE “PROVIDER” AND ON THE OTHER HAND, BY THE USER HEREINAFTER REFERRED TO AS THE “CLIENT” AND JOINTLY WITH THE PROVIDER SHALL BE REFERRED TO AS THE “PARTIES” IN ACCORDANCE WITH THE FOLLOWING DECLARATIONS AND CLAUSES:

Declarations.

I.- The SUPPLIER declares that:

a) It is a legal entity, Mexican, legally established, with legal capacity and with the necessary means to fulfill the obligations of this contract.

b) That it is responsible for the distribution, marketing, and installation of the products subject to this contract, as well as the supply of the geolocation service (GPS) which are detailed in the “Technical Annex”.

d) It has the economic, administrative and technical capacity necessary to comply with all its terms and conditions of this contract; likewise, it 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.

II. The CLIENT declares that:

a) It is a person who has the faculties and resources to enter into this contract.

b) It is your wish to purchase from the PROVIDER the products described in the “technical annex” as well as the provision of the geolocation service via GPS.

c) The economic resources with which it will meet the payment obligations arising from this contract are and will be of lawful origin.

III. The PARTIES declare, as a whole, that:

a) It is your will to enter into this contract under the terms and conditions contained herein.

b) There is no fraud or bad faith in the execution of this contract, so each and every one of the agreements made in terms of it enjoy validity and legitimacy.

In view of the foregoing, the parties agree to grant the following:

Clauses

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

SECOND. The “CLIENT” undertakes to pay the “supplier” the amount of TOTAL 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 service of locating and transmitting information will be cancelled for non-payment of two or more monthly payments, in which case the “client” agrees to settle the balance that will remain outstanding in a single exhibition. The “Client” declares that he is aware of the nature and scope of the procedure and accepts each and every one of its terms and conditions.

FOURTH. The “CLIENT” undertakes to comply with the payment obligations on a monthly basis derived 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 derives or may derive additional obligations for “SVG-GPS” S.A. DE C.V. or for third parties under this Agreement, such as forced term and/or derived from the specific terms and/or services provided.

The “CLIENT” acknowledges and undertakes to receive and pay for the SERVICE contracted in accordance with the Service Plan set forth in the Annex (List of Units and Conditions of Service) of this document, as well as any other goods and SERVICES that it contracts in this act or that it may contract in accordance with the terms and conditions of this Contract. “SVG-GPS” S. A. DE C. V. is not conditioned or limited by the different terms and conditions in the purchase order or SERVICE, unless it is expressly contained in this contract and signed by authorized personnel of “SVG-GPS” S. A. DE C. V. This agreement and its annexes constitute support for the basis of acceptance and full understanding and understanding of the parties, which cancels, replaces and/or eliminates any oral or written proposal made prior to the execution of this contract.

FIFTH. The duration of this contract will be mandatory for 12 months and requires written consent from both parties for the effect of its termination or early termination. Likewise, an adjustment is made every 12 months with respect to the price of the geolocation via (GPS) service in relation to inflation.

SIXTH. The Parties agree on the following guarantees:

1.- The “PROVIDER” guarantees for 12 months in labor and provision of geolocation (GPS) services, as long as it is not intervened by third parties or the SIM card is manipulated.

2.- The “PROVIDER” undertakes to carry out inspections either remotely or physically to guarantee the correct operation of the system during the first year of operation.

3.- The “SUPPLIER” undertakes to provide support to manage with suppliers or manufacturers the individual warranties of each of the installed equipment.

4.- The client is certain and aware that the GPS system can immobilize the vehicle where it was installed and assumes responsibility for its use and operation, leaving the “PROVIDER” without any responsibility for the consequences that its operation causes to the vehicle itself or to third parties in its person or property.

5.- The “CLIENT” acknowledges that the SERVICE provided by “SVG-GPS” S.A. DE C.V. is the result of the integration of one or more SERVICES provided to “SVG-GPS” S.A. DE C.V. by one or more External Service Providers and by different Carrier Companies, in accordance with the agreements, terms and conditions established between the External Service Providers and said Carrier Companies and the limitations or conditions established subsequently.

6.-The “CLIENT” acknowledges that the Carrier Companies exclude themselves from liability of any nature with the “CLIENT”, whether direct or indirect, incidental or as a consequence of the use of any service provided by “SVG-GPS” S. A. DE C. V; additionally, the “CLIENT” accepts that he will not file a complaint, claim, denunciation or lawsuit of any kind against the Carrier Companies. Likewise, the “CLIENT” releases “SVG-GPS” S.A. DE C.V. from liability. regarding lack of or anomalies that may occur or be generated in the service as a result of failures in the service provided to “SVG-GPS” S. A. DE C. V. by the External Service Providers of which “SVG-GPS” S. A. DE C. V. in some way or any way depends for the provision of its services. In the same way, THE “CLIENT” releases “SVG-GPS” S.A. DE C.V. from liability for the operation and operation of the equipment used for the provision of services contracted herein, acknowledging that the service in question is contracted independently of the distribution or acquisition of services, recognizing THE “CLIENT” that any claim must be asserted directly with the corresponding equipment supplier. The “CLIENT” also acknowledges that the External Service Providers or the Carrier Companies of “SVG-GPS” S. A. DE C. V. waive all liability, whatever its nature towards the “CLIENT”, whether direct, indirect, or incidental, arising from the use of the service, in the same way the “CLIENT” agrees that it will not file any lawsuit in Mexico or abroad against the Service Providers or the Carrier Companies of any kind with respect to the above.

SEVENTH. – “THE PARTIES” agree in cases in which the “CLIENT” does not settle the rest of the work or delays payments for a period of more than 15 days, the equipment mentioned in the “Technical Annex”, will remain as a guarantee of payment, therefore, the “client” authorizes the “supplier” to proceed with the removal of the equipment installed in the vehicle, corresponding to the amount owed, which will be determined by the “supplier”.

OCTAVE. All obligations and commitments assumed by “THE PARTIES” are contained and included exclusively in this contract. There are no verbal agreements or understandings prior to or contemporaneous with the execution of this contract that bind “THE PARTIES”, in any sense. In the event of a cancelled, accidentally damaged or stolen and not recovered vehicle, “the customer” remains responsible for the remainder of the 12-month contract.

NOVENA. “THE PARTIES” undertake to sign and deliver to the other “party” any other additional documents and will take any additional actions that are necessary for the objectives of this contract to be achieved, and in all such chaos they will proceed with diligence and opportunity.

DECIMA. – No modification, reform or addition to this contract will be binding or enforceable coercively if it is not in writing and if it is not signed by “THE PARTIES”

ELEVENTH. Additional charges, the “CUSTOMER” will be responsible for the additional charges arising due to the cost of applicable repair, alteration of the unit or wiring, blown fuse or liquid damage, if it is necessary to remove the unit from the vehicle/bicycle (sold or damaged by an accident), the cost of removing the unit and reinstalling it in another vehicle or where the “customer” disposes, additional administrative charge or negligence or carelessness in the handling of the product.

TWELFTH. Causes for termination of the contract and causes for early termination of the same. “SVG-GPS” S.A. DE C.V. may terminate this Agreement, without the need for a judicial or administrative declaration and by means of written notice given to the “CLIENT”, due to the following circumstances:

Because the “CLIENT” fails to cover the amount of two or more invoices;

The falsity of the statements or data provided by the “CLIENT” himself;

For contravening any of the provisions of this Agreement;

For the assignment of the rights of the “CLIENT” derived from this Contract without the prior written consent of “SVG-GPS” S. A. DE C. V.

The termination of the Contract for any reason attributable to the “CLIENT” does not exempt him from paying the overdue balances and in the event of not having concluded the forced term, the entire conventional penalty established in the respective Clause of this contract.

This Agreement will be terminated early without any liability for “SVG-GPS” S. A. DE C. V. for the following cases:

For the death of the “CLIENT”;

Due to the dissolution, liquidation or bankruptcy of the “CLIENT”;

Because the “CLIENT” does not agree with the modifications of this Agreement;

Because the “CLIENT” does not agree with the increase in the applicable rates, applying the corresponding conventional penalty in the event that there is a forced term and it has not been met;

At the request of the “CLIENT”, applying the corresponding conventional penalty in the event that there is a forced term and it has not been fulfilled;

By order of a competent judicial or administrative authority;

Because “SVG-GPS” S. A. DE C. V. you are unable to perform all or part of the service for any reason beyond your control; o For any other cause permitted by applicable laws.

In the same way, this Agreement will be terminated early without any liability for the “CLIENT” for the following cases: Due to the dissolution or liquidation of “SVG-GPS” S. A. DE C. V.; By order of a competent judicial or administrative authority; o For any other cause permitted by applicable laws.

THIRTEENTH, Regarding the sending and delivery of the service. Any costs and/or expenses in addition to the charges shown in this contract, or any requested requirements that exceed the normal cost must be paid by the “CLIENT” to “SVG-GPS” S. A. DE C. V. In accordance with the specifications contained in the body of this contract, the delivery of the SERVICE will be in charge of “SVG-GPS” S. A. DE C. V. at the address of the same.

FOURTEENTH. Location service. Service Plan. The characteristics of the Service Plan chosen by the “CLIENT” will be described in the technical annex, including limitations of SERVICE and use. The SERVICE is for the location and communication of the ULM installed in a car.

FIFTEENTH. Disclaimer of responsibility for interaction with security agencies. The service has no connection whatsoever with any public or private security agency. “SVG-GPS” S.A. DE C.V. will not have any responsibility to contact or communicate to any agency or security institution on behalf of the “CLIENT” in the event of theft of the car or any other accident where the ULM or ULM is installed. It will be at the discretion of the “CLIENT”, who in his or her own right contacts the appropriate law enforcement agency or institution for assistance.

SIXTEENTH. Cost of the service The costs for activation fee, monthly rent, rents paid in advance, additional packages, escrow, bonds, as well as any other concept will be recorded in this contract and/or in the respective annexes, which are an integral part of this contract.

Additional Packages: The Service Plan includes a limited number of packages specified on the face of this Agreement. The use in addition to the number of packages included in the service plan will be billed through the unit rates established by “SVG-GPS” S. A. DE C. V. The provision of the SERVICE requires the consumption of packets, with an indefinite number of packets being assigned to each service request. The additional number of packages granted to the “CLIENT” is at the discretion of “SVG-GPS” S. A. DE C. V. Packages included in the SERVICE PLAN are not cumulative, so those not used during a monthly billing cycle cannot be used in another ULM or in another monthly billing cycle.

SEVENTEENTH. No property interests. The client does not obtain any ownership rights with respect to the SITE or MOBILE APPLICATION (APP), any ACCESS KEY that is assigned for its use, likewise, any ACCESS KEY may be changed at any time upon notice to the “CLIENT”, all ACCESS KEY will remain confidential at all times and “SVG-GPS” S. A. DE C. V. is hereby obliged not to disclose it to any third party, unless the request is submitted with written authorization from “CLIENT” or its Legal Representative, who must reliably justify at the discretion of “SVG-GPS” S.A. DE C.V. the reasons for such disclosure. Likewise, the CLIENT renounces any physical or intellectual property rights with respect to the Website, the www.svg-gps.com Name Domains, as well as any other element or concept linked to the SERVICE provided by the Internet.

EIGHTEENTH. Test events of “SVG-GPS” S. A. DE C. V. The “CLIENT” acknowledges that “SVG-GPS” S. A. DE C. V. may communicate, for the purpose of its internal testing and for service control purposes at no cost to the “CLIENT”, with one or more of its ULMs.

Use of the Service. The service is solely for the “CLIENT” to locate and communicate with its ULM, therefore, the SERVICE may not be resold or used by any person other than the “CLIENT” unless agreed with “SVG-GPS” S. A. DE C. V. through a “commercial agreement for the assignment of rights”, which is not authorized by signing this instrument.

NINETEENTH. Right to limit the number of mobile tracking units. “SVG-GPS” S. A. DE C. V. reserves the right to limit the number of Mobile Location Units assigned in favor of any “CUSTOMER.”

TWENTIETH. Compliance and laws. The “CLIENT” is responsible for the use of the SERVICE including any additional or optional SERVICE selected. The “CLIENT” agrees to comply with all laws, regulations, rules, and governmental regulations in the Mexican Republic, whether of Federal, State or Municipal order or of any other foreign public agency or authority and hereby releases “SVG-GPS” S. A. DE C. V. for any liability or loss for the violation of established laws, rules or regulations, caused by the “CLIENT” or by any of its employees, representatives or agents.

TWENTY-FIRST. The “CLIENT” declares that the information contained in this contract entered into with “SVG-GPS” S. A. DE C. V. it is complete and accurate. The “CLIENT” undertakes to immediately notify BAJA SUR TELEMATICS in the event of any change in the information contained in said part. If the CLIENT wishes to transfer any of the ULMs to other cars, he/she must notify “SVG-GPS” S.A. DE C.V. and to provide appropriate information in order to obtain written consent from “SVG-GPS” S.A. DE C.V. of said assignment before the transfer and installation is carried out.

TWENTY-SECOND. Review of fees and services. At the end of the first year after signing this contract, “SVG-GPS” S. A. DE C. V. You may, at any time, send a 30-day notice to review the following: The update and/or modification of the monthly service plan rates specified in this Agreement. The number of unit accesses assigned to each location and the data communication service. The costs and characteristics of the programs and subprograms already mentioned above in this contract and in the user manual according to the date of signing the contract with “SVG-GPS” S. A. DE C. V.

TWENTY-THIRD. Invoicing, payment methods and taxes. “SVG-GPS” S. A. DE C. V. will send monthly to the “CLIENT” the invoice containing, among other concepts, the fixed monthly charge and, in the event that it is in 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” S. A. DE C. V. In accordance with the terms established in this contract at the address that “SVG-GPS” S. A. DE C. V. on your invoices. Charges for airtime services will be billed prior to the beginning of each period, based on the service plan that “CUSTOMER” selects. In accordance with this contract, billing for the first and last period will be prorated according to the number of days that the SERVICE is provided in such period.

Initial and other activation service charges, including without limitation, activation fees and fees for access to additional units will be charged at the start of the SERVICE. The fees will be charged separately, as well as the value added tax or any other tax or duty established except for a tax that is expressly indicated in this agreement or in the prices set forth in the financial annex, established by federal, state, or local laws. Delays in payments of the SERVICE established in this contract in excess of 15 days from the due date, will be subject to a late payment fee corresponding to a monthly interest of 3%; in the absence of payment, “SVG-GPS” S. A. DE C. V. you may suspend or terminate the SERVICE; Any charge in excess of 30 days from the due date will be considered a violation of this Agreement.

If the CLIENT incurs in an irregularity in this contract, it will be responsible for all direct, indirect and associated costs that are generated in the judicial or extrajudicial collection of unpaid overdue accounts. The “CLIENT” may make the payment of the charges specified in the respective invoice, as follows: At the offices of “SVG-GPS” S. A. DE C. V. in cash or by check. In the event of the return of the check issued as a means of payment by the Banking Institution, the CLIENT undertakes to immediately pay the amount of the invoice due, being obliged to pay in favor of “SVG-GPS” S. A. DE C. V. 20% (twenty percent) of the amount of the returned check, plus the corresponding Value Added Tax, as a conventional penalty. By automatic charge to the credit card accepted by “SVG-GPS” S. A. DE C. V. and whose details are described in the financial annex. In this case, “SVG-GPS” S. A. DE C. V. may at any time and in accordance with its current policies, accept or reject certain credit cards as a form of payment from the “CLIENT”. If for any reason the charge of the SERVICE to the credit card offered as a means of payment is rejected by the issuing institution or said card is cancelled or replaced, the “CLIENT” directly or through the issuing institution will have the option of providing “SVG-GPS” S. A. DE C. V. a new credit card as a form of payment and accept charges to it or make the corresponding payment in accordance with the provisions of this Clause; on the understanding that failure to do so will result in the respective amounts being deemed not to have been paid. In the event that the credit card is cancelled or replaced for any reason, the “CLIENT” undertakes to inform “SVG-GPS” S.A. DE C.V. IN WRITING. of such cancellation or substitution within a period of no more than 24 (twenty-four) hours and comply with the provisions of this paragraph. Through any other means or form that is notified to the “CLIENT” in writing.

TWENTY-FOURTH. Duration, Renewal and Penalty This Agreement is subject to a mandatory term, as defined in the corresponding annex. The provision of the SERVICE contracted hereunder begins from the first day on which the ULM has been duly activated in the “CLIENT’s” car. In the event of a forced term, this contract will be in force in all its terms and effects for a period of 12 months from the date the contract is signed by both parties, this contract may not be extended by any action or by anyone in order to obtain periods of more than one year. It is established that either the “CLIENT” or “SVG-GPS” S. A. DE C. V. You may terminate this Agreement upon 30 days’ written notice to be effective on the last day of the current subscription period, otherwise the Agreement will automatically renew for a consecutive period of one year.

Notwithstanding the foregoing, this contract shall be terminated without any liability for “SVG-GPS” S.A. DE C.V. if the authorizations it has are cancelled or limited by authorities in such a way that it is impossible for it to continue providing the SERVICE. In the event that the “CLIENT” decides to cancel this contract before its expiration date for any reason not attributable to “SVG-GPS” S. A. DE C. V. The CLIENT undertakes to pay “SVG-GPS” S. A. DE C. V. in the cases mentioned in this Contract, a conventional penalty in accordance with the following: If 25% or less of the agreed forced period has elapsed, 100% of the conventional penalty agreed in this Agreement will be applied. If 25% and up to 50% of the agreed forced term has elapsed, 75% of the conventional penalty agreed in this Contract will be applied. If 50% and up to 75% of the agreed forced period has elapsed, 50% of the conventional penalty agreed in this Contract will be applied. If 75% of the agreed forced period has elapsed, 25% of the conventional penalty agreed in this Contract will be applied.

TWENTY-FIFTH. Interruption of service, “SVG-GPS” S. A. DE C. V. will not be obliged to give any justification regarding any failure or delay of 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. The existence of adverse conditions, such as meteorological phenomena or interference from any wave spectrum or telecommunications space, can interrupt the service. Certain circumstances such as weather, tunnels, underground structures, buildings constructed on very high or very low ground, enclosed or underground parking lots, or limited or restricted driving areas, failed installation, engine starting, and other electromagnetic noises, as well as radio signals from external sources, including but not limited to, may interfere with the operation of the service.

The coverage map describes the general parameters of expected coverage and further does not guarantee such coverage. “SVG-GPS” S. A. DE C. V. is not responsible for service failures caused by direct or indirect causes beyond its control. If “SVG-GPS” S.A. DE C.V. is unable to fully or partially perform the service for any reason beyond its control, “SVG-GPS” S.A. DE C.V. may terminate this contract without any liability to “CLIENT” other than to refund any amount paid for the service not provided. “SVG-GPS” S.A. DE C.V. is not liable to the “CLIENT” or to any other person, for the loss or damage caused by the interruption of the service despite its cause. Under no circumstances does “SVG-GPS” S.A. DE C.V. have the responsibility of paying an amount greater than that paid by the “CLIENT” for the service object of this contract. “SVG-GPS” S.A. DE C.V. is not liable to the “CLIENT” or to third parties for damages caused by the provision of the service, whether incidental, general, special without limitation, as well as loss or damage to his/her automobiles or loss of goods or property, even if “SVG-GPS” S.A. DE C.V. has been notified of the probability of such damages. No punishment shall be applicable for violation of this contract at the end of one year after the date of the cause that gave rise to it, except for the delivery of money or for the opening of an account. Under no circumstances will a refund be granted to the customer without prior opinion by a technician or authorized personnel “SVG-GPS” S. A. DE C. V.

TWENTY-SIXTH. Guarantees by “SVG-GPS” S. A. DE C. V. Any warranty is limited to the minimum period required by law. No employee or agent of “SVG-GPS” S.A. DE C.V. is authorized to grant any warranty, whether written or oral, in addition to those contemplated by this Agreement. When the modality of the contracted service specified and recorded in the Technical Annex is for equipment for rent, the rental of the equipment includes a guarantee of technical services and replacement of equipment; This includes:

Technical services in the unit at no cost.

Replacement of permanent equipment in case of failure.

Under the limitations specified in the technical annex.

TWENTY-SEVENTH. Warranty by the customer. To guarantee compliance with the payment obligations agreed in this Agreement and any other obligation that the “CLIENT” acquires before “SVG-GPS” S. A. DE C. V., the latter may request that the “CLIENT”:

Grant a bond in favor of “SVG-GPS” S. A. DE C. V., authorizing it in this act to contract and obtain a bond in its name and representation, which will be in force throughout the duration of this Contract, which will be updated annually in the event that the Contract is renewed, and the “CLIENT” must be notified in a timely manner of the amount to be paid for such update. Likewise, the “CLIENT” will pay in favor of “SVG-GPS” S. A. DE C. V. upon signing this Agreement, the amount of the premium of said bond, which will be borne by the “CLIENT”.

“SVG-GPS” S. A. DE C. V. will in no case refund the amount of the deposit charge to “CLIENT”; and/or constitute a guarantee deposit in favor of “SVG-GPS” S. A. DE C. V. with the understanding that said deposit will not be returned to the “CLIENT” until the moment in which all the debts in charge of the “CLIENT” have been covered and the service has been canceled. In the event of a refund, it will be subject to the provisions of the Law.

TWENTY-EIGHTH. Suspension of service. The following are causes for suspension of the service under the responsibility of the CLIENT:

Not covering for any reason the amount of the monthly invoice on the respective payment date, or any other consideration for services to “SVG-GPS” S. A. DE C. V.

That the CLIENT has debts with “SVG-GPS” S. A. DE C. V. for any other service contract of the same nature as this one;

That the terminal equipment of the “CLIENT” is not duly approved or programmed for any reason not attributable to “SVG-GPS” S. A. DE C. V.

Theft or loss of terminal equipment, by immediate notification to “SVG-GPS” S. A. DE C. V.

Not to make the terminal equipment available to “SVG-GPS” S. A. DE C. V. when requested.

The lack of location of the “CLIENT”;

Any other cause attributable to the “CLIENT” that makes it impossible or unlawful to provide the service that is the subject of this Contract.

TWENTY-NINETH. Service restoration. In the event of restoration of the SERVICE, “SVG-GPS” S.A. DE C.V. shall have the right to request from the “CLIENT” an additional guarantee to those mentioned in Clause Twenty-Seven of this Agreement.

THIRTIETH. Return of the equipment leased to the “CLIENT”. The “CLIENT” agrees to return in the normal state of use the location equipment that has been granted to him in lease, which must be validated by a specialized technician of “SVG-GPS” S. A. DE C. V. in order to validate if the equipment does not show signs of having been manipulated or subjected to conditions of use other than those authorized in the Warranty of the equipment.

THIRTY-FIRST. General. No revision or modification to this Agreement shall be linked to “SVG-GPS” S. A. DE C. V. unless such amendment or modification is in writing and signed by a person authorized to represent “SVG-GPS” S.A. DE C.V. If any of these clauses is contrary to, prohibited or deemed invalid under any laws or regulations to be established, such clause shall be omitted, cancelled or invalidated, and the rest of the clauses of this contract 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 deemed permanent and shall not preclude any claim of any breach of the contract in all of the terms or conditions of this agreement.

This contract is exclusive to “SVG-GPS” S. A. DE C. V. 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 its rights or substantially all its assets, unless the “CLIENT” requests authorization from “SVG-GPS” S. A. DE C. V. and the latter issues its written consent, in the event that “SVG-GPS” S.A. DE C.V. authorizes any assignment of benefits or rights, the “CLIENT” will be jointly and severally 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 of the state of Michoacán, consequently renouncing the jurisdiction that corresponds to them by their present or future domicile.

Having read the content of this contract to those who intervened in it and being aware of its scope, they expressed their agreement with it, expressing 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 the witnesses their will in this contract, ratifying it in the presence of the witnesses who also sign this document.

Users of this application expressly agree, by the mere fact of making use of said system, to submit to and comply with the terms and conditions stated in this section.

Intellectual property

The use of this application does not grant any rights over it other than the authorization for its permitted use. The ownership of the rights to its intellectual property of the application is and corresponds exclusively to SVG-GPS S.A. de C.V. In no case may the User alter the application in any way, reverse engineer it, distribute, make a copy or any use other than that expressly authorized, subject to the responsibilities, including criminal liability, that may apply.