Effective Date: September 1, 2025
TopFleet GPS, Inc., a Delaware C-Corporation (hereinafter “Top Fleet GPS,” “we,” “our,” or “us”).
TERMS & CONDITIONS
Introduction
These Terms govern your use of our website, mobile applications, products, and services, including digital fleet management, GPS tracking, dash cameras, site security cameras, and white glove mobile voice/data services as an authorized T-Mobile partner.
Eligibility & Service Area
We serve businesses and individuals in all 50 U.S. states. You must be 18+ to agree. Use outside the U.S. requires written approval. You are responsible for following all applicable laws regarding tracking, monitoring, and recording.
Services Provided
3.1 Digital Fleet Management & GPS Tracking: Real-time tracking with minor delays possible.
3.2 Dash Cameras: Records video/audio. Customer responsible for legal compliance.
3.3 Site Security Cameras: Includes solar/wireless solutions. Retention subject to plan.
3.4 T-Mobile Services: Subject also to T-Mobile’s terms.
3.5 SMS Text Messaging & Mobile Notifications: By providing your mobile number, you consent to receive service-related SMS texts (alerts, installs, support). Marketing texts require explicit opt-in. Reply STOP to unsubscribe. Carrier rates apply.
Fleet-Management Technology and Intended Use
Top Fleet GPS provides professional fleet-management, GPS tracking, video-telematics, and asset-monitoring solutions designed to provide customers with reliable operational visibility, useful fleet data, and additional tools to support safety, accountability, security, and informed decision-making.
When properly installed, configured, maintained, and used within the applicable operating requirements, the Equipment and Services are intended to perform substantially in accordance with their published specifications and applicable service documentation.
The Equipment and Services enhance a customer’s fleet-management capabilities but do not replace responsible vehicle operation, driver supervision, safety procedures, vehicle maintenance, insurance coverage, security measures, or professional legal advice.
Technology and Operating Conditions
Like all GPS, cellular, camera, cloud-based, and vehicle-connected technologies, performance may occasionally be affected by circumstances outside the reasonable control of Top Fleet GPS. These circumstances may include limited cellular or satellite coverage, temporary network interruptions, loss of vehicle power, physical obstruction, device damage or tampering, improper installation, customer configuration, environmental conditions, third-party carrier services, or scheduled and emergency system maintenance.
The occurrence of an isolated interruption, delayed transmission, unavailable alert, inaccurate data point, or missing recording does not necessarily indicate that the Equipment or Services are defective.
Customers must promptly notify Top Fleet GPS of suspected performance issues so that Top Fleet GPS may investigate, troubleshoot, repair, replace, or otherwise address the affected Equipment or Services in accordance with the applicable warranty and service policies.
No Guarantee of a Particular Incident or Legal Outcome
Although the Equipment and Services are designed to provide valuable location information, video recordings, alerts, reports, and operational data, no GPS tracking, camera, wireless, or cloud-based system can guarantee that every incident, event, location, image, conversation, or condition will be detected, transmitted, recorded, or preserved.
Top Fleet GPS does not guarantee that information generated by the Equipment or Services will:
(a) prevent an accident, theft, loss, crime, injury, lawsuit, or insurance claim;
(b) capture every event or every detail of an event;
(c) be available where the Equipment has lost power, connectivity, coverage, or proper positioning;
(d) establish or disprove fault or liability;
(e) be accepted as evidence by a court, insurer, attorney, law-enforcement agency, governmental authority, or other third party; or
(f) produce a particular legal, insurance, employment, safety, or business outcome.
These limitations do not mean that Top Fleet GPS lacks confidence in its Equipment or Services. They recognize that fleet technology provides important visibility and supporting information but cannot control driver conduct, third-party actions, network availability, legal decisions, insurance determinations, or all real-world operating conditions.
Customer Responsibility for Important Events
Customers are responsible for reviewing device status, responding to alerts, reporting suspected problems, and periodically confirming that cameras and tracking devices remain properly installed, powered, connected, positioned, and unobstructed.
When information may be relevant to an accident, insurance claim, investigation, or legal proceeding, the customer is responsible for promptly downloading, exporting, or requesting preservation of that information before it is overwritten or deleted under the applicable data-retention policy.
Unless Top Fleet GPS separately agrees in writing to preserve specified information, the Services are not intended to function as a litigation-hold or long-term evidence-archiving service.
Limitation Regarding Customer Claims and Litigation
To the maximum extent permitted by law, Top Fleet GPS shall not be liable for the outcome of any lawsuit, insurance claim, employment matter, criminal investigation, administrative action, or other proceeding based on an allegation that the Equipment or Services did not prevent an event, capture particular evidence, establish liability, disprove liability, or produce a particular result.
This limitation does not affect any express equipment warranty, service commitment, repair obligation, or other remedy specifically provided by Top Fleet GPS under these Terms.
Account Security
You are responsible for maintaining the confidentiality and security of your account login credentials. We strongly recommend enabling two-factor authentication (2FA) where available and updating your passwords regularly to reduce the risk of unauthorized access. You must notify Top Fleet GPS immediately if you suspect any unauthorized use of your account.
Payment, Billing, and Cancellation
Subscriptions are billed month-to-month and are non-refundable once the billing cycle has begun.
Refund Policy: Refunds apply only to hardware/equipment returned within the 30-day money-back guarantee period. Monthly subscription fees are not refundable once past the initial 30 days.
Cancellation Policy: To avoid being charged for the following month, cancellations must be submitted via email or phone call to our support team on or before the 15th of the current month. Cancellations after the 15th apply to the next billing cycle.
Device Ownership and Return Terms
Devices are purchased outright by the customer and are not returnable or refundable after the 30-day money-back guarantee period.
Data Retention After Cancellation
Data will be retained no longer than 30 days after cancellation, after which it is permanently deleted.
Force Majeure
TopFleet GPS, Inc. is not liable for outages or delays caused by events outside our control, including carrier outages, natural disasters, government actions, or customer tampering.
Modification of Fees
We reserve the right to adjust fees or prices with 30 days’ written notice. Continued use constitutes acceptance.
Customer Responsibilities
Customers are responsible for compliance with workplace laws, including California Penal Code §637.7. Customers must obtain employee/driver consent for tracking/dash cams. TopFleet GPS provides sample forms but is not responsible for obtaining consent.
Intellectual Property
All software, content, designs, and trademarks are owned by TopFleet GPS, Inc. Resale or redistribution is prohibited unless you are an authorized reseller or agreed in writing by both parties.
User Content & License
Customers grant Top Fleet GPS a limited license to process, store, and transmit uploaded data (fleet info, driver names, notes, etc.) solely for service delivery. Customers retain ownership and responsibility for accuracy and legality.
Third-Party Services
We integrate with partners (e.g., T-Mobile, Google Maps). Use is subject to their terms.
Indemnification
Customers agree to indemnify and hold harmless Top Fleet GPS against claims arising from misuse or violation of these Terms.
Limitation of Liability
Our liability is limited to fees paid in the last 12 months. No liability for indirect or consequential damages.
The limitations described in the sections titled “No Guarantee of a Particular Incident or Legal Outcome” and “Customer Responsibility for Important Events” are incorporated into this Limitation of Liability section.
Governing Law and Dispute Resolution
These Terms, and any dispute arising out of or relating to these Terms, the Equipment, or the Services, shall be governed by the laws of the State of California, without regard to its conflict-of-laws principles.
The parties acknowledge that transactions involving the Equipment and Services involve interstate commerce. The Federal Arbitration Act shall govern the interpretation and enforcement of this arbitration provision.
For purposes of this section, “TopFleet GPS Parties” means TopFleet GPS, Inc. and its current and former affiliates, officers, directors, employees, agents, installers, contractors, licensors, service providers, successors, and assigns.
This section applies to claims brought by or against any TopFleet GPS Party arising out of or relating to these Terms, the Equipment, or the Services. Each TopFleet GPS Party is an intended third-party beneficiary of this section and may enforce it.
Informal Dispute Resolution
Before commencing arbitration, the party asserting a dispute must provide the other party with written notice describing the nature of the dispute, the relevant facts, and the relief requested.
Notice to TopFleet GPS, Inc. must be sent to the notice address or email address identified in these Terms. Notice to a customer may be sent to the mailing address or email address associated with the customer’s account.
The parties shall attempt in good faith to resolve the dispute informally for thirty days after receipt of the notice. Either party may commence arbitration after that period if the dispute has not been resolved.
This requirement does not prevent either party from seeking permitted provisional relief or taking action reasonably necessary to prevent an applicable limitations period from expiring.
Binding Arbitration
Except for an individual claim properly brought in small claims court or a request for provisional relief in aid of arbitration, any dispute, claim, or controversy arising out of or relating to these Terms, the Equipment, or the Services shall be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) before one neutral arbitrator.
Disputes involving Equipment or Services acquired primarily for business or commercial purposes shall be governed by the AAA Commercial Arbitration Rules then in effect.
If the AAA Consumer Arbitration Rules apply under applicable law or AAA policy, those rules shall apply instead. TopFleet GPS, Inc. shall pay arbitration fees to the extent required by the applicable AAA rules or applicable law.
Commercial arbitration shall take place in Los Angeles County, California, unless the parties agree to conduct the proceeding remotely or in another location.
For matters governed by the AAA Consumer Arbitration Rules, the location and method of arbitration shall be determined under those rules and applicable law.
A court of competent jurisdiction shall decide any dispute concerning whether the parties formed or entered into an agreement to arbitrate.
Except for that limited issue, the arbitrator shall decide all issues relating to the interpretation, applicability, scope, or enforceability of this arbitration provision.
If the AAA is unavailable for reasons unrelated to either party’s failure to comply with the applicable AAA rules or payment requirements, the parties shall attempt in good faith to select another nationally recognized arbitration provider.
If the parties cannot agree, either party may ask a court of competent jurisdiction to appoint an arbitrator in accordance with the Federal Arbitration Act and the terms of this section.
Nothing in this section excuses or limits any consequence or remedy arising from a party’s failure to pay required arbitration fees or comply with the applicable arbitration rules.
The arbitrator may award any remedy or relief that would be available to an individual claimant in a court of competent jurisdiction, including public injunctive relief where permitted or required by applicable law, subject to the lawful limitations contained in these Terms.
Judgment upon the arbitration award may be entered in any court having jurisdiction.
Either party may request temporary, preliminary, or other provisional relief from a court of competent jurisdiction when necessary to preserve the status quo or prevent the arbitration from being rendered ineffective.
Requesting provisional relief shall not waive the obligation to arbitrate the underlying dispute.
Any court proceeding permitted under this section, other than an individual small claims matter or a request for permitted provisional relief, shall be brought exclusively in the state or federal courts located in Los Angeles County, California, unless applicable law requires otherwise.
Each party consents to the personal jurisdiction of those courts.
Individual Arbitration and Class-Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY AGREES THAT ANY CLAIM SHALL BE BROUGHT AND RESOLVED ONLY IN THAT PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR MEMBER OF ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, OR REPRESENTATIVE PROCEEDING.
Unless all affected parties agree otherwise in writing, the arbitrator may not combine or consolidate the claims of more than one customer or preside over any class, collective, consolidated, coordinated, or representative proceeding.
Nothing in these Terms waives or limits an individual party’s right to seek public injunctive relief or any other remedy that cannot lawfully be waived.
The arbitrator may award public injunctive relief to the extent permitted or required by applicable law. If applicable law requires a particular claim or request for relief to be decided by a court, that claim or request shall be severed and decided by a court of competent jurisdiction.
Survival and Severability
This Governing Law and Dispute Resolution section shall survive the expiration, cancellation, or termination of these Terms, any account, and any subscription or other relationship between the parties.
If any portion of this section is found invalid or unenforceable, that portion shall be severed or limited to the minimum extent necessary, and the remaining provisions shall remain in effect.
If the class-action waiver is found unenforceable as to a particular claim or request for relief, that claim or request shall be decided by a court of competent jurisdiction after completion of any arbitrable individual claims, unless applicable law requires otherwise.
Additional Legal Protections
Disclaimer on Data Accuracy: GPS/video data may experience delays or inaccuracies.
Prohibited Use: No unlawful use, harassment, or system abuse.
Export Control: Services may not be used or exported in violation of U.S. law.
Warranty Disclaimer: Except for any express written hardware warranty or service commitment provided by Top Fleet GPS, and to the maximum extent permitted by applicable law, the Equipment and Services are provided without implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, and noninfringement.
Assignment: Accounts may not be transferred without written consent.
Severability: If one clause is invalid, the rest remain enforceable.
Entire Agreement: These Terms, Privacy Policy, and service agreements constitute the full agreement.
Installation Services (In-House, Third-Party Contractors, and DIY Installs)
TopFleet GPS, Inc. may provide hardware installation services through (i) our in-house technicians, (ii) qualified third-party contractors, or (iii) customer self-installation (“DIY Installs”) using provided instructions and materials.
Customer Access: Customers agree to provide reasonable access to vehicles, equipment, or sites for installation, removal, or servicing. Vehicles and equipment must be in safe, workable condition prior to installation.
In-House Installations: When performed by our own technicians, Top Fleet GPS’s liability for installation-related issues is limited in accordance with the Limitation of Liability section of these Terms.
Third-Party Contractor Installations: When performed by contractors, Top Fleet GPS is not responsible for the acts, omissions, workmanship, or negligence of such contractors. Customers acknowledge that their sole recourse for installation issues is directly with the contractor.
DIY Installs: Customers who choose to self-install assume full responsibility for completing the installation properly. Top Fleet GPS provides instructions and support but is not liable for any damage to vehicles, equipment, or property caused by incorrect installation, misuse of the hardware, or failure to follow instructions.
Incidental Damage: Top Fleet GPS shall not be liable for incidental damage to vehicles, equipment, or property resulting from reasonable installation efforts, except where caused by gross negligence or willful misconduct.
Service Levels
While TopFleet GPS, Inc. strives to provide reliable services with high availability, we do not guarantee uninterrupted access or error-free operation.
Factors outside our control — including carrier outages, environmental conditions, and third-party integrations — may impact uptime or accuracy.
Our services are provided on a best-effort basis and no specific service level agreement (SLA) is offered unless expressly stated in writing.
Contact Information
Top Fleet GPS welcomes your questions or comments regarding our Terms and Conditions. If you believe that Top Fleet GPS has not adhered to this Statement, please contact Top Fleet GPS at:
TopFleet GPS, Inc.
100 N. Barranca Street, 7th Floor, Suite 724
West Covina, CA 91791
Email: contact@topfleetgps.com
Phone: (951) 350-1620