1. Acceptance of Terms
By accessing or using the StolosIQ GPS asset tracking platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms. If you do not agree, you must not use the Service.
These Terms are governed by the laws of New Zealand, including the Contract and Commercial Law Act 2017 (CCLA), the Consumer Guarantees Act 1993 (CGA), and the Fair Trading Act 1986 (FTA).
2. Service Description
StolosIQ provides a cloud-based GPS asset tracking platform for retail and commercial organizations. The Service includes:
- Real-time GPS tracking of registered devices
- Web-based dashboard for fleet monitoring and management
- Geofencing, alerts, and notification capabilities
- Multi-tenant organization management with role-based access
- Historical tracking data and analytics
- Device bulk registration and management tools
3. Account Registration & Security
- You must provide accurate and complete information when creating an account
- You are responsible for maintaining the confidentiality of your login credentials
- You must notify us immediately of any unauthorized access to your account
- Each user account is for a single individual and credentials must not be shared
- Organization administrators are responsible for managing user access within their tenant
4. Subscription & Payment
4.1 Subscription Tiers
The Service is offered under tiered subscription plans (Free, Basic, Professional, Enterprise). Each tier includes specific limits on devices, users, and features as described on our pricing page.
4.2 Payment Terms
- Fees are charged in New Zealand Dollars (NZD) unless otherwise agreed
- All prices are exclusive of GST (Goods and Services Tax) unless stated otherwise
- Payment is due in advance for the subscription period selected
- We reserve the right to change pricing with 30 days written notice
4.3 Refunds
Refund requests are handled in accordance with the Consumer Guarantees Act 1993. If the Service fails to meet the guarantees under the CGA, you may be entitled to a remedy including refund, repair, or replacement.
5. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of New Zealand law
- Track individuals without proper consent or legal authority
- Attempt to gain unauthorized access to other accounts, systems, or data
- Interfere with or disrupt the Service or its infrastructure
- Reverse-engineer, decompile, or disassemble any part of the Service
- Use the Service to transmit malware, spam, or harmful content
- Resell or redistribute the Service without our written consent
- Use the Service in a manner that violates the Privacy Act 2020
6. Data Ownership & Privacy
- Your Data: You retain ownership of all data you upload or generate through the Service, including GPS tracking data, device configurations, and organization settings
- Our Platform: StolosIQ retains all intellectual property rights in the Service, including software, design, and documentation
- Privacy: Our collection and use of personal information is governed by our Privacy Policy, in compliance with the New Zealand Privacy Act 2020
- Data Export: You may request export of your data at any time during your active subscription
7. Service Availability & Support
- We aim to maintain 99.9% service uptime but do not guarantee uninterrupted availability
- Scheduled maintenance will be communicated in advance where practicable
- GPS tracking accuracy depends on device hardware, signal conditions, and environmental factors beyond our control
- Support is provided during business hours (Mon–Fri, 9 AM–5 PM NZST) with 24/7 automated monitoring
8. Consumer Guarantees
If you are acquiring the Service for personal, domestic, or household use, you have rights under the Consumer Guarantees Act 1993 that cannot be excluded. These include guarantees that the Service will be:
- Provided with reasonable care and skill
- Fit for the particular purpose made known to us
- Provided within a reasonable time (where no time is specified)
For business-to-business transactions where the Service is acquired for business purposes, the parties agree to contract out of the Consumer Guarantees Act 1993 to the extent permitted by section 43 of that Act.
9. Limitation of Liability
To the maximum extent permitted by New Zealand law:
- Our total liability for any claim arising from the Service shall not exceed the fees paid by you in the 12 months preceding the claim
- We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
- We are not liable for losses arising from GPS signal interference, device malfunction, or third-party service failures
- Nothing in these Terms limits liability that cannot be excluded under New Zealand law, including the CGA where applicable
10. Suspension & Termination
10.1 By You
You may terminate your subscription at any time by contacting us. Termination takes effect at the end of your current billing period.
10.2 By Us
We may suspend or terminate your access if:
- You breach these Terms and fail to remedy the breach within 14 days of notice
- You fail to pay subscription fees when due
- Your use of the Service poses a security risk or legal liability
- Required by law or government order
10.3 Effect of Termination
Upon termination, your access to the Service will be disabled. You may request export of your data within 30 days of termination. After 30 days, we may permanently delete your data.
11. Intellectual Property
The StolosIQ name, logo, and all associated trademarks, service marks, and branding are the property of StolosIQ. You may not use our intellectual property without prior written consent. The Service software, APIs, and documentation are protected by copyright and other intellectual property laws of New Zealand and international treaties.
12. Dispute Resolution
In the event of a dispute, the parties agree to:
- First attempt to resolve the dispute through good faith negotiation
- If negotiation fails, submit to mediation in Auckland, New Zealand
- If mediation fails, the dispute shall be resolved by arbitration under the Arbitration Act 1996
- Nothing in this clause prevents either party from seeking urgent interim relief from a court
13. Governing Law
These Terms are governed by and construed in accordance with the laws of New Zealand. The parties submit to the exclusive jurisdiction of the courts of New Zealand.
14. Changes to Terms
We may modify these Terms at any time. Material changes will be communicated with at least 30 days notice via email or platform notification. Continued use after the effective date of changes constitutes acceptance. If you do not agree to modified Terms, you must discontinue use of the Service.
15. Contact
For questions about these Terms, please contact us: