Terms and Conditions
These conditions govern the use of the Atlas platform, the associated hardware and the monitoring, telematics and support services we provide.
Last updated: January 1, 2025
This is a translation. If there are any differences, the Spanish version prevails. Read it in Spanish
These terms cover the use of the services, customer obligations, billing, intellectual property, service levels and related liabilities.
1. Acceptance of the terms
By accessing and using the services of UGPS SpA (hereinafter "we" or "us"), including the Atlas platform, GPS devices, telematics services and any other related service (together, the "Services"), you agree to be bound by these Terms and Conditions. If you do not agree with any of these terms, you must not use our Services.
2. Description of the services
We provide GPS monitoring, vehicle telematics, AI video surveillance and fleet management services through the Atlas platform. The Services include the supply and installation of hardware devices, access to the web and mobile platform, technical support and maintenance according to the contracted plan.
3. Registration and user account
To access the Atlas platform, the customer must register an account with truthful and up-to-date information. The customer is responsible for keeping its access credentials confidential and for all activity that takes place under its account. The customer must notify us immediately of any unauthorized use of its account.
4. Customer obligations
The customer agrees to: use the Services only for legitimate purposes and in accordance with applicable law; not attempt to access unauthorized systems, data or features; provide access to the vehicles for the installation and maintenance of the devices; report in a timely manner any changes to its fleet that affect the service; and make payments within the agreed terms.
5. Hardware and devices
The GPS devices and other equipment we install remain our property for the duration of the contract, unless otherwise agreed in writing. The customer must keep the devices in good condition and must not tamper with them, remove them or allow third parties to interfere with them. If the devices are damaged or lost due to the customer's negligence, the customer will be responsible for the replacement cost.
6. Service levels
We commit to keeping the Atlas platform available with a minimum monthly uptime of 99.5%, excluding scheduled maintenance windows. Maintenance windows will be announced at least 48 hours in advance. We will not be liable for interruptions caused by force majeure, failures in the customer's telecommunications network or problems with connectivity providers.
7. Billing and payments
The Services are billed monthly according to the contracted plan. Invoices are issued within the first 5 business days of each month and must be paid within 30 days of issue. A payment delay of more than 30 days entitles us to suspend access to the platform until the debt is settled. Prices may be adjusted with 30 days' prior notice.
8. Intellectual property
The Atlas platform, its source code, design, interfaces, algorithms, trademarks and all associated content are our exclusive property and are protected by applicable intellectual property laws. The customer receives a limited, non-exclusive, non-transferable and non-assignable license to use the platform for the duration of the contract and solely for its intended purposes.
9. Data protection
The processing of personal data is governed by our Privacy Policy, available on our website. We act as processor of the customer's vehicle and fleet data, processing it exclusively to provide the contracted Services and in accordance with the customer's instructions.
10. Limitation of liability
We will not be liable for: indirect, incidental, special or consequential damages arising from the use of, or inability to use, the Services; economic losses arising from decisions made on the basis of data provided by the platform; service interruptions caused by factors beyond our reasonable control; or misuse of the Services by the customer or its authorized users. Our maximum liability will be limited to the total amount paid by the customer in the 12 months prior to the event giving rise to the claim.
11. Suspension and termination
Either party may terminate the contract with 30 days' prior notice. We may suspend or terminate the service immediately if the customer breaches these terms, fails to make payments within the agreed terms or uses the Services in an unlawful or harmful way. When the contract ends, the customer must allow the removal of the devices, and we will provide access to historical data for a period of 30 days so it can be downloaded.
12. Changes
We reserve the right to modify these Terms and Conditions at any time. Changes will be notified at least 15 days in advance through the platform or by email. Continued use of the Services after the notice period constitutes acceptance of the modified terms.
13. Governing law and jurisdiction
These Terms and Conditions are governed by the laws of the country where UGPS SpA is domiciled. Any dispute arising from these terms will be submitted to the jurisdiction of the competent courts of that domicile, and the parties waive any other jurisdiction that may apply to them.
14. Contact
For questions about these Terms and Conditions, contact us at legal@ugps.cl or through our contact form.