Terms of Service

Effective July 27, 2026

These Terms of Service (the "Terms") are a binding agreement between EquiGuard ("EquiGuard," "we," "us," or "our") and the company or individual that accesses the EquiGuard fleet telematics platform ("you" or "Customer"). The platform includes the web applications at app.eqg.ooo and office.eqg.ooo, the storefront at eqg.ooo and shop.eqg.ooo, associated APIs, and the tracking hardware we supply (together, the "Service").

By creating an account, connecting a device, purchasing hardware, or otherwise using the Service, you agree to these Terms. If you are entering into these Terms on behalf of a company, you represent that you have authority to bind that company.

1. The Service

EquiGuard is a time-and-location platform. It records when equipment operated and where it was located, and provides tools to organize, monitor, and report on that information. The Service is provided on a subscription basis under the commercial terms agreed with you.

We may modify, add, or remove features over time. We will not make a change that materially degrades a core function you are actively paying for without notifying you.

2. Accounts and Access

• You are responsible for the accuracy of your account information and for all activity under your account credentials.
• You must keep credentials confidential and notify us promptly of any suspected unauthorized access.
• Accounts are organized into entities. An administrator of an entity may grant, modify, or revoke access for users within that entity.
• EquiGuard personnel may access a customer account for support, troubleshooting, or platform operations. Such access is logged and auditable.

3. Acceptable Use

You agree not to:

• Use the Service to track a person without a lawful basis and any consent or notice required in your jurisdiction.
• Attempt to access data belonging to another customer or entity.
• Probe, scan, or attempt to breach the security of the Service or its infrastructure.
• Resell or redistribute the Service except under a reseller arrangement agreed with us in writing.
• Use the Service in violation of applicable law, including vehicle-tracking, labor, privacy, and telecommunications regulations that apply to you.

4. Customer Data and Ownership

You retain all rights to the data you submit to, or that is generated by your equipment on, the Service ("Customer Data"). You grant us the limited right to host, process, transmit, and display Customer Data as necessary to operate and support the Service.

We do not sell Customer Data. We may use aggregated and de-identified information — data that does not identify you, your customers, or your equipment — to operate, secure, and improve the Service.

Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms.

5. Third-Party Services

The Service integrates with third-party providers, which may include Intuit QuickBooks Online (accounting), Stripe (payment processing), Twilio (SMS), SendGrid (email), Slack (notifications), and mapping and geocoding providers. When you connect such a service, you authorize us to exchange the data necessary for that integration to function.

• Your use of a third-party service is governed by that provider's own terms and privacy policy.
• You may disconnect an integration at any time, from within the Service or from the third-party provider. Disconnection stops future data exchange; it does not retroactively remove data already delivered to that provider.
• We are not responsible for the availability, accuracy, or acts of third-party providers.

6. Fees and Payment

• Subscription fees, hardware prices, and any usage-based charges are those stated in your order, quote, or the storefront at time of purchase.
• Charges are billed in advance unless otherwise agreed. Usage-based charges are billed in arrears for the period in which they accrued.
• Fees are exclusive of taxes. Where we are required to collect sales, use, or similar taxes, those will be added to your invoice.
• Amounts are non-refundable except where required by law or expressly stated in writing.
• If an invoice remains unpaid past its due date, we may — after notice and a grace period — restrict access to the Service. We will not delete Customer Data solely for non-payment during the grace period.

7. Hardware

• Title to purchased hardware passes to you on full payment; risk of loss passes on delivery.
• Hardware carries the manufacturer's warranty, if any. We pass through manufacturer warranty claims but do not independently warrant hardware.
• Installation is your responsibility unless we have separately agreed to perform it. Improper installation may affect data quality and may void a manufacturer warranty.
• Cellular connectivity is supplied through third-party carriers and is subject to their coverage and availability.

8. Availability and Support

We aim to keep the Service available continuously, but do not guarantee uninterrupted operation. Scheduled maintenance, third-party outages, carrier failures, and events outside our reasonable control may interrupt service. No uptime service-level agreement applies unless one is separately agreed in writing.

9. Data Accuracy

Location and telemetry data are derived from GPS, cellular, and Bluetooth signals reported by hardware in the field. Signals can be delayed, degraded, obstructed, or absent. We take care that the Service faithfully reports what devices transmit, but we do not warrant that any individual position, engine-hour figure, or derived value is complete or error-free. You should not rely on the Service as the sole basis for safety-critical, legal, or disciplinary decisions.

10. Confidentiality

Each party may receive non-public information from the other. Each party agrees to protect the other's confidential information with at least reasonable care and to use it only to perform under these Terms. This does not apply to information that is public, independently developed, or lawfully obtained from a third party.

11. Disclaimers

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. These limits do not apply to your payment obligations or to either party's liability for gross negligence, willful misconduct, or fraud.

13. Indemnification

You will defend and indemnify EquiGuard against third-party claims arising from your use of the Service in violation of these Terms or applicable law, including claims brought by your employees, contractors, or customers relating to your collection or use of location data.

14. Term, Suspension, and Termination

• These Terms apply for as long as you use the Service.
• Either party may terminate a subscription at the end of its then-current term with reasonable notice, or immediately for material breach that remains uncured after written notice.
• We may suspend access immediately where necessary to protect the Service, other customers, or to comply with law.
• On termination, your right to access the Service ends. On written request made within 30 days of termination, we will provide an export of your Customer Data in a machine-readable format. After that period we may delete it.

15. Changes to These Terms

We may update these Terms. If a change is material, we will provide notice through the Service or by email before it takes effect. Continued use after the effective date constitutes acceptance.

16. General

• Governing law. These Terms are governed by the laws of the State of Washington, without regard to conflict-of-laws rules. Venue lies in the state or federal courts located in Washington.
• Assignment. Neither party may assign these Terms without the other's consent, except in connection with a merger, acquisition, or sale of substantially all assets.
• Severability. If a provision is held unenforceable, the remainder stays in effect.
• Entire agreement. These Terms, the Privacy Policy, and any written order or quote form the entire agreement and supersede prior discussions on the same subject.

17. Contact

Questions about these Terms: 411@eqg.ooo