Terms and conditions of use
Last updated: 2026-05-21 · Applicable jurisdiction: Republic of Ecuador
1. Acceptance
Use of the Ultimate Track platform implies full acceptance of these terms and of the Privacy policy. Anyone who does not agree must refrain from using the service.
2. Applicable regulatory framework
The service is governed by Ecuadorian legislation, in particular:
- Constitution of the Republic of Ecuador (arts. 66 num. 19 and 21).
- Organic Law on Personal Data Protection (LOPDP), OGS 459 of 2021-05-26.
- General Regulation to the Organic Law on Personal Data Protection.
- E-commerce, Electronic Signatures and Data Messages Act.
- Integral Penal Code regarding computer crimes.
- Resolutions of the Superintendence of Personal Data Protection (SPDP).
3. License of use
The customer receives a limited, non-exclusive, non-transferable and revocable license to use the platform according to the contracted plan. Device, user and geofence limits are defined per license.
4. Customer obligations
- Keep credentials and device verification codes confidential.
- Use the platform lawfully, respecting third-party rights.
- Do not attempt to access data from other licenses or compromise the security of the service.
- Have a valid lawful basis (art. 7 LOPDP) to process personal data of drivers, operators or device holders. When consent is the basis, it must be free, specific, informed and unambiguous.
- Inform data subjects (drivers or operators) about the processing of their geolocation, the purposes and their rights, per the information duty (art. 12 LOPDP).
- Keep account information up to date and notify of improper access.
5. Roles under LOPDP
For data uploaded by the customer, the customer acts as data controller and Ultimate Track as data processor, under art. 49 LOPDP and the service contract clauses (which operate as a processing agreement). Ultimate Track will process the data solely according to the controller's documented instructions.
6. Availability and maintenance
We make reasonable efforts to keep the service operational with continuous monitoring. Service Level Agreements (SLAs), maintenance windows and response times are defined in the specific commercial contract.
7. Limitation of liability
Except in cases of willful misconduct or gross negligence, Ultimate Track will not be liable for indirect damages, lost profits or loss of data caused by events beyond its reasonable control, such as ISP outages, government actions, force majeure or fortuitous events.
8. Intellectual property
The software, design, source code and trademarks of Ultimate Track are the exclusive property of the provider. Data generated by the customer's devices is owned by the customer. Ultimate Track does not acquire rights over such data beyond those necessary to provide the service.
9. Suspension and termination
We may suspend the service in case of serious breach, improper use or security risks. Termination of the contract triggers the return and/or deletion of customer data following received instructions and legal timeframes.
10. Modifications
Terms may be updated; we will notify substantial changes with at least 30 days' notice through the usual communication channels.
11. Applicable law and jurisdiction
These terms are governed by the laws of the Republic of Ecuador. Disputes that cannot be resolved amicably will be submitted to the competent judges of the city agreed with the customer or, failing that, those of the provider's domicile.
Disclaimer: this document is informational and does not replace specific legal advice. For specific commercial conditions (prices, SLA, processing clauses), the contract signed between the parties prevails.