Terms and Conditions

The terms that govern your use of XemTrack hardware, connectivity, and software.

Effective date: 18 July 2026

These Terms and Conditions (Terms) form a legally binding agreement between you and Xemrevin Pty Ltd trading as XemTrack (we, us, our) regarding your access to and use of the XemTrack GPS tracking platform, related websites and applications (including the progressive web app at app.xemtrack.com.au), documentation, notifications, AI features, subscription plans, credits, and any GPS trackers, SIMs, or accessories supplied by or through us (together, the Services).

By creating an account, signing in, purchasing a device or plan, installing a tracker, or otherwise using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

1. Who we are and how to contact us

The Services are provided by Xemrevin Pty Ltd, an Australian company operating the XemTrack platform from South Australia. For support and legal notices, contact us via the XemTrack contact page.

2. Eligibility and authority

You must be at least 18 years old and able to form a binding contract under Australian law.

If you use the Services on behalf of a business, organisation, or other person, you represent that you have authority to bind that entity, and you means both you and that entity.

You are responsible for ensuring that anyone who accesses your account or devices complies with these Terms.

3. The Services

Depending on your plan and purchases, the Services may include:

Hardware and connectivity — OBD or other GPS trackers and included mobile connectivity (for example Telstra SIM and data on compatible devices), subject to coverage and carrier limitations.
Dashboard — live map, device status, trip and movement history, geofences, map layers, and related fleet tools.
Live monitors — rule-based alerts delivered in-app, by email, and/or SMS (SMS uses credits and requires a verified mobile number).
Analytic reports — PDF and related summaries, including scheduled reports and AI Insight reports.
AI agents — scheduled, plain-English fleet reviews and related AI helpers (for example instruction improvement), which consume credits.
Account and billing — subscriptions, plan limits, credit allowances and top-ups, and account settings such as time zone and report retention.

We may add, change, suspend, or discontinue features. We will use reasonable efforts to avoid unnecessary disruption, but we do not guarantee that any particular feature will remain available indefinitely.

4. Accounts, security, and acceptable use

You must provide accurate account information and keep credentials confidential. You are responsible for activity under your account.

You must not:

use the Services unlawfully, fraudulently, or to harass, stalk, or harm any person;
attempt to gain unauthorised access to systems, devices, accounts, or data;
reverse engineer, scrape, overload, or interfere with the Services except to the extent permitted by non-excludable law;
use the Services to provide competing tracking or telemetry products without our prior written consent;
upload malware or content that infringes others’ rights; or
misuse SMS, email, AI, or notification features (including spam or abusive messaging).

We may suspend or terminate access where we reasonably believe these Terms, law, or the security or integrity of the Services have been breached.

5. Hardware, installation, SIMs, and vehicles

Where you purchase or receive a GPS tracker or SIM from us:

You are responsible for correct installation, compatible vehicle or asset fitment, power supply, and safe mounting. OBD installation is typically plug-and-play, but vehicle electronics, ports, and environments vary. Installation is at your own risk.
Trackers and SIMs are tools for location and telemetry. They may fail, lose power, be removed, be blocked by metal or terrain, or stop reporting.
Included connectivity depends on the mobile network. Coverage, latency, and data delivery are outside our exclusive control. Remote, underground, indoor, or congested areas may have limited or no service.
You must comply with vehicle manufacturer guidance and applicable laws when installing or operating devices. We are not liable for vehicle damage, voided warranties, electrical faults, or asset interference arising from installation or use, except to the extent liability cannot be excluded under Australian Consumer Law.

Title and risk in physical goods pass according to the applicable purchase terms at the point of sale. Software and cloud Services are licensed, not sold.

6. GPS, telemetry, and operational limitations

Location, speed, ignition-related signals, voltage, GSM strength, and similar telemetry are estimates derived from device sensors, GNSS, and the mobile network. They may be delayed, incomplete, duplicated, or inaccurate due to satellite geometry, multipath, tunnels, urban canyons, device placement, reporting intervals, network outages, or processing delays.

You acknowledge that:

live maps and history may lag behind the real world;
“online”, “offline”, and similar status indicators are based on received data and may not reflect instantaneous device state;
geofence and driving-behaviour alerts depend on the quality and timing of device reports; and
you must independently verify critical information before making operational, disciplinary, safety, or legal decisions.

7. Live monitors, notifications, and SMS

Alerts are provided on a best-efforts basis. We do not guarantee that any alert will be generated, delivered, timely, complete, or free from false positives or false negatives.

Email and SMS delivery depend on third-party carriers and providers. Messages may be delayed, filtered, rate-limited, or undelivered. SMS consumes credits and requires a verified Australian mobile number where that feature is offered.

Do not rely on XemTrack alerts as your sole method of protecting people, property, cargo, or compliance obligations. Maintain appropriate operational procedures, insurance, and (where required) alternative monitoring.

8. Artificial intelligence features

AI agents, AI Insight reports, instruction improvement, and similar features use machine learning models to generate summaries, suggestions, and other content from your prompts and fleet data.

AI outputs may be incomplete, outdated, biased, or wrong. They are not professional advice (including legal, safety, insurance, employment, or engineering advice). You must review AI outputs before acting on them.

You remain responsible for the instructions you give agents, the devices you scope, schedules you set, and any decisions made using AI content. Credit charges for AI usage may apply whether or not you find an output useful, except where Australian Consumer Law requires otherwise.

9. Workplace surveillance, privacy, and lawful tracking

If you track vehicles, assets, or devices used by employees, contractors, customers, or other individuals, you are solely responsible for complying with all applicable laws, including (without limitation) workplace surveillance, privacy, employment, industrial, and road transport laws in each relevant jurisdiction.

That responsibility includes obtaining any required notices, consents, policies, and authorisations before enabling tracking, live monitors, SMS alerts, reports, or AI reviews that may relate to individuals.

We provide tools. We do not determine whether your particular use is lawful. Misuse of the Services for unlawful surveillance or monitoring is prohibited.

10. Plans, credits, fees, and taxes

Subscription plans, device limits, pricing, included monthly credits, and top-up packs are described at purchase (including via our shop and billing partners such as Payhip and Stripe) and may change for future periods.

Credits may be consumed by AI features and SMS alerts as described in-product and in our documentation. Unused credits may expire or reset according to the then-current plan rules. Credits have no cash value except where required by law, and are generally non-transferable.

Fees are typically stated in Australian dollars and may include GST. Third-party processors handle card payments; their terms also apply. Except where required by Australian Consumer Law or expressly stated at purchase, fees are non-refundable once the relevant billing period or credit pack has commenced.

You must keep a valid payment method where required. Failure to pay may result in suspension, reduced features, or termination.

11. Customer content and fleet data

You retain rights in content and data you submit to the Services (Customer Data), including account profile details, device labels, monitor rules, agent instructions, and telemetry associated with your devices.

You grant us a worldwide, non-exclusive licence to host, process, transmit, display, and create derivative works from Customer Data solely as needed to provide, secure, maintain, improve, and support the Services (including generating reports, alerts, and AI outputs), and as described in our Privacy Policy.

You represent that you have all rights and lawful bases needed to provide Customer Data to us and to permit the processing described above.

12. Intellectual property

We and our licensors own all intellectual property in the Services, software, documentation, branding, and underlying models and systems (excluding Customer Data). No rights are granted except as expressly stated in these Terms.

You must not copy, modify, or create derivative works of the Services, or remove proprietary notices, except as allowed by non-excludable law.

13. Third-party services

The Services rely on third parties, which may include identity providers, cloud hosts, maps and geocoding, mobile networks, SMS gateways, payment processors, analytics tools, and AI inference providers. Their availability and performance affect the Services. We are not responsible for third-party outages, acts, or omissions beyond our reasonable control.

Your use of third-party checkout or identity pages may be subject to those parties’ own terms and privacy notices.

14. Beta and experimental features

We may label features as beta, preview, or experimental. Those features are provided as-is, may change or be withdrawn without notice, and may be less reliable than generally available features.

15. Disclaimers

To the maximum extent permitted by law, and subject to Section 16 (Australian Consumer Law):

the Services are provided on an “as is” and “as available” basis;
we do not warrant uninterrupted, secure, or error-free operation, or that telemetry, alerts, maps, reports, or AI outputs will be accurate, complete, or fit for a particular purpose you have not disclosed and we have not accepted in writing; and
we do not warrant that the Services will prevent theft, loss, accident, injury, regulatory breach, or business interruption.

16. Australian Consumer Law

If you are a consumer under the Australian Consumer Law (ACL), you have guarantees that cannot be excluded. Nothing in these Terms excludes, restricts, or modifies any right or remedy under the ACL that cannot lawfully be excluded, restricted, or modified.

Where the ACL permits us to limit our liability for a failure to comply with a consumer guarantee relating to services, our liability is limited, at our option, to supplying the services again or paying the cost of having the services supplied again. For goods, our liability is limited, at our option, to replacement, repair, or payment of the cost of replacement or repair, as permitted by the ACL.

17. Limitation of liability

To the maximum extent permitted by law, and subject to Section 16:

we are not liable for any indirect, incidental, special, consequential, punitive, or exemplary loss; loss of profits, revenue, goodwill, data, or business opportunity; cost of substitute services; or loss arising from reliance on telemetry, alerts, reports, or AI outputs; and
our aggregate liability arising out of or in connection with the Services or these Terms in any 12-month period is limited to the amounts you paid us for the Services in that period (or, if greater liability cannot be limited, the minimum amount required by applicable law).

These limitations apply whether a claim is in contract, tort (including negligence), statute, or otherwise, and even if we were advised of the possibility of the loss — except to the extent liability cannot be limited under Australian law (including for fraud, or death or personal injury caused by our negligence where such limitation is prohibited).

18. Indemnity

To the maximum extent permitted by law, you indemnify us and our officers, employees, and contractors against claims, losses, damages, and expenses (including reasonable legal fees) arising out of or in connection with:

your use of the Services (including tracking of individuals or assets);
your breach of these Terms or applicable law;
your hardware installation or vehicle/asset modifications; and
claims by third parties (including employees, drivers, customers, or regulators) relating to your monitoring, employment, privacy, or operational practices,

except to the extent caused by our fraud, wilful misconduct, or liability that cannot be excluded.

19. Suspension, termination, and data after exit

You may stop using the Services and cancel subscriptions in accordance with the cancellation options available in the app or via the relevant billing partner.

We may suspend or terminate the Services or your account immediately for non-payment, suspected fraud, security risk, illegality, or material breach; or on reasonable notice for operational reasons.

Upon termination, your right to access the Services ends. We may delete or anonymise Customer Data after a reasonable period, subject to legal retention requirements and settings such as report retention. Export any data you need before cancellation. We are not obliged to retain data indefinitely.

20. Force majeure

We are not liable for delay or failure caused by events beyond our reasonable control, including network or utility failures, carrier outages, cyber attacks, natural disasters, war, epidemic, labour disputes, government action, or failure of third-party providers.

21. Changes to the Services or these Terms

We may update these Terms from time to time. The effective date above will change when we do. Continued use after the updated Terms are posted constitutes acceptance, except where applicable law requires a different process. If you do not agree, you must stop using the Services and cancel any subscription.

Material changes may also be communicated in-app, by email, or via our website where practicable.

22. General

These Terms are governed by the laws of South Australia and the Commonwealth of Australia. Subject to any non-excludable rights, courts in South Australia have non-exclusive jurisdiction.

If any provision is unenforceable, the remainder continues in force. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a restructure, sale, or financing. These Terms are the entire agreement regarding the Services and supersede prior understandings on that subject (except separate written contracts we expressly execute with you).

For privacy practices, see our Privacy Policy. For product help, see Get help and the contact page. Notices under these Terms may be sent to Xemrevin Pty Ltd via that contact page.