Terms of Service
Introduction and Acceptance of Terms
This Terms of Service (“Terms”) is a legal agreement between you (the user) and Electronic Advertising Co. Ltd (“Company”), the operator of the Vialatm.com GPS and IoT platform (“Service”). By accessing or using Vialatm.com or its mobile applications, you agree to be bound by these Terms. If you do not agree, you must not use the Service. The Service is offered only to individuals who are at least 18 years old. By using the Service, you represent and warrant that you are 18 or older . The Company reserves the right to update or modify these Terms from time to time. We will notify users of any material changes (for example, via email or through the Service), and continued use after changes means you accept the revised Terms.
Description of the Service
Vialatm.com provides a real-time GPS tracking and IoT platform with features such as live location tracking, geofencing alerts, trip history analytics, and customizable business logic (including a scripting language for automation). The Service is accessible via multiple platforms: a web application, mobile apps for Android and iOS, and as a Progressive Web App (PWA) for cross-platform access. The platform also integrates with messaging services like Viber, Telegram, and WhatsApp to deliver notifications or allow bot interactions 2 . The interface supports multiple languages to cater to an international user base. Vialatm.com is designed for personal, family, and small business use – offering flexibility for tracking vehicles, assets, or loved ones in a user-friendly manner.
Freemium Model – Free and Paid Features
Free Tier: The Service operates on a freemium model, meaning basic functionality is provided at no cost for new users. In particular, you can use Vialatm to track one device for free with full access to core features (real-time tracking, notifications, history, etc.). This allows you to try the service without any initial investment 2 and evaluate its benefits. Basic functionality for a single device remains free indefinitely under the freemium plan.
Paid Tiers: If you need to track more than one device or access advanced features beyond the free tier, you must upgrade to a paid plan. Paid tiers support multiple devices (for example, fleet tracking for businesses) and may include volume-based pricing per additional device. The pricing and specifics of paid plans (such as how many devices are included and any additional features or support levels) are published on our Tariffs or Pricing page. All prices are provided in USD (or other currency as indicated) on a per-device, per-30-days (monthly) basis 3 . By adding a second device or more to your account, you understand that charges will apply according to the current tariff rates.
Postpaid Billing Model: Vialatm uses a postpaid billing model for its paid tiers. This means that you pay for the Service after you have used it, rather than upfron. In practice, billing is done in arrears of the service period: for example, if you add devices or use premium features during a month, you will be charged at the end of that monthly cycle for the usage. No prepayment is required to begin using additional devices or features. If you are not satisfied with the Service during a billing period, you may discontinue use of paid features before payment is due – “pay only if satisfied.” In essence, because we do not charge in advance, there is no traditional refund process needed; if you decide the paid Service isn’t meeting your needs, you can simply choose not to continue with the paid tier and you will not be billed for further periods. (See the Refund Policy below for more details on how the postpaid model works and your rights.)
Accounts and User Responsibilities
Account Registration: To use Vialatm beyond viewing public information, you must create a user account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. If you become aware of any unauthorized access to your account, you must notify us immediately. You may not transfer your account to others or use another person’s account without permission.
Eligibility and Age Requirement: You must be an adult of at least 18 years of age to register and use this Service. The Service is not intended for children or anyone under 18. By accepting these Terms, you confirm that you are 18 or older. The Company may request proof of age or identity if needed. If we discover an account is created by a person under 18, we will terminate the account promptly.
User Conduct and Lawful Use: You agree to use Vialatm only for lawful purposes and in compliance with all applicable laws and regulations. Prohibited activities include, but are not limited to:
Unauthorized Tracking: You must only track devices, vehicles, or individuals with consent or legal authority. Using the Service to track someone without their knowledge or consent may violate privacy laws and this is strictly forbidden. You are solely responsible for ensuring you have the right to monitor any person or asset with Vialatm.
Illegal or Harmful Use: You may not use the Service to stalk, harass, threaten, or harm any person. Any use of Vialatm that violates others’ rights or the law (such as privacy, data protection, or stalking laws) is expressly prohibited.
Interference and Hacking: You must not interfere with or disrupt the Service or its servers (for example, by transmitting viruses, overloading, or spamming). Attempting to hack, reverse engineer, or decipher the software, databases, or security measures of Vialatm is not allowed.
Data Misuse: You should not exploit data from the Service in unauthorized ways. This includes not extracting other users’ information, not using any automated means (like bots or scraping) to collect data from the platform without permission, and not misrepresenting or falsifying any data transmitted through the Service.
Violation of any of the above obligations can result in immediate termination or suspension of your account, at our discretion, and may also subject you to legal consequences. You are responsible for any content you input into the Service (for instance, naming your devices or geofences) and it must not be unlawful, offensive, or infringing. The Company reserves the right to remove or disable access to any content that violates these Terms or applicable law.
Fees, Payments, and Reseller Information
Payment Process: When you use paid features (more than one device or other premium functionalities), you agree to pay the applicable fees as described in our pricing plans. Charges will be calculated based on your usage in the billing cycle (typically monthly) and will be billed in a postpaid manner (after you have enjoyed the service). You will be notified of the amount due and the date of payment. By incurring charges on your account, you authorize our payment processor to bill your provided payment method for the due amounts.
Authorized Reseller – Paddle: Our order and payment process is conducted by our authorized online reseller, Paddle.com. Paddle.com acts as the Merchant of Record for all our paid orders. This means that when you make a payment for Vialatm services, your payment will be processed by Paddle on our behalf. Paddle will handle the transaction, including any applicable taxes, billing, and invoice issuance. The charge on your payment method may appear under Paddle’s name. By making a payment, you agree to Paddle’s Checkout Buyer Terms and Conditions and Privacy Policy which govern the payment processing service 6 . Paddle also provides customer service for payment-related inquiries and handles any returns or refunds** for such transactions. We reserve the right to switch our payment processing vendor or reseller in the future, but we will notify you in such case.
Postpaid Billing Agreement: Under the postpaid model, you acknowledge that fees accrue based on your actual usage of the Service’s paid features. For example, if you added devices or used premium features this month, those fees become payable at the end of the month. You agree to timely pay all incurred fees upon receiving an invoice or charge notification. If you dispute any charge or believe there has been an error, you should contact Paddle’s customer support or Vialatm support immediately to resolve the issue. Because we do not charge upfront, we do not anticipate situations requiring refunds for dissatisfaction – you have the flexibility to stop using paid services before payment if you are unsatisfied. However, if a payment was processed and you believe you are entitled to a refund (e.g., due to a billing mistake or extraordinary circumstances), refer to our Refund Policy and contact Paddle to request a review. Refund decisions are ultimately handled by Paddle on a case-by-case basis 7 , in line with their policies and applicable law.
Taxes: Prices for the Service are listed exclusive of any taxes (unless stated otherwise). Paddle, as the reseller, will collect and remit any required taxes (such as VAT or sales tax) based on your billing information. You are responsible for any taxes or government charges applicable to your purchase, except for taxes on the Company’s income.
Third-Party Services and Integrations
Vialatm’s integrations with third-party services (such as the Viber, Telegram, and WhatsApp messaging platforms) are offered for your convenience. If you choose to connect your account to these messenger services (for example, to receive alerts or use chatbot commands), you understand that: (a) certain minimal data will be shared with the third-party platform to enable the integration (e.g., your device name, geofence alert text, or location snippet might be sent in a message to you), and (b) those third-party services are governed by their own terms and privacy policies. You are responsible for complying with the thirdparty terms when using those integrations. We are not responsible for the functionality, security, or privacy practices of third-party services. For example, if a messenger service experiences an outage or fails to deliver a notification, that is outside our control. Likewise, any personal data you provide to or that is collected by a third-party (such as your messenger account ID) is handled by that third-party under its policies.
The Service may also rely on third-party infrastructure or APIs (such as map providers, cloud hosting, or analytics tools). While we select reputable providers and strive for high reliability, third-party services are provided “as is”. We do not guarantee uninterrupted availability of any third-party features. We will not be liable for any issues attributable to failures or changes in services not operated by us.
Intellectual Property
All content and materials available through Vialatm, including but not limited to software, algorithms, design elements, logos, trademarks, text, graphics, and compilations of data, are the intellectual property of the Company or its licensors. The Company grants you a limited, non-exclusive, non-transferable, revocable license to use the Service and its software solely for your personal or internal business use in accordance with these Terms. You must not copy, modify, distribute, sell, or lease any part of our software or Service except as permitted by law or with our written authorization. Reverse engineering or attempting to extract the source code of our software is prohibited, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Any feedback or suggestions you provide regarding the Service is entirely voluntary, and we are free to use such feedback as we see fit and without any obligation to you.
Disclaimers of Warranty
Use at Your Own Risk: Vialatm is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, the Company disclaims all warranties of any kind, whether express, implied, or statutory, regarding the Service. This includes any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or that the Service will be uninterrupted, error-free, or completely secure. We do not guarantee the accuracy or completeness of any information or results (for example, the precision of location data, or the analytics/reports generated). Location data, in particular, may be subject to inaccuracies due to factors beyond our control (such as GPS signal issues or hardware limitations). You acknowledge that using any GPS tracking or IoT service carries inherent risks – for instance, data may sometimes be delayed or unavailable, and geolocation information might not always reflect real-time movements exactly.
No Special Relationship: You understand that we are not creating any special fiduciary or professional relationship by providing this Service. Any information or guidance provided (such as analytics or notifications) is for general use, and you are responsible for how you interpret and use it. The Service is not intended to be relied upon for life-safety or emergency purposes. For example, Vialatm should not be your sole method of tracking in situations where human safety is at stake (e.g. do not use it as the only means to locate vulnerable dependents or in high-risk security operations, without appropriate backups).
Third-Party Content: We make no warranties regarding any content or information provided by third parties (including other users) via the Service. If the Service displays or uses any third-party data (maps, points of interest, etc.), those are provided without warranties by us.
Limitation of Liability
To the fullest extent permitted by applicable law, the Company (and its officers, directors, employees, and agents) shall not be liable for any indirect, incidental, special, consequential, or punitive damages, nor for any loss of profits, revenues, data, or goodwill, arising out of or related to your use of (or inability to use) the Service or these Terms. This limitation applies to any theory of liability, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages. In no event shall the total aggregate liability of the Company for all claims arising out of or relating to the Service or these Terms exceed the amount you paid us (via Paddle or otherwise) for the Service in the 12 months preceding the claim (or, if no payment was made, then \$0). We explicitly do not accept liability for any damages or harm suffered in connection with the use of our Service 8 . Use of Vialatm is at your own discretion and risk.
Specific Risk Acknowledgments: You agree that the Company is not liable for any harm or losses caused by: (a) inaccurate or delayed location data, analyses or reports (for example, if the GPS tracking does not record a route correctly or a notification fails to trigger); (b) lost or corrupted data (including the loss of trip history or settings, whether by software bug or user action); (c) Service interruptions or downtime, or any cessation of the Service; or (d) security breaches or unauthorized access, provided we have implemented reasonable measures (see Security section below). We strive to keep your data secure and the Service available, but no system is infallible. You agree to hold the Company harmless for any damage resulting from data loss, incorrect data, downtime, software bugs, or other issues 9 that arise despite our safeguards.
Furthermore, if you use our Service on mobile networks or integrate with messaging apps, you are responsible for any carrier charges (data plans, SMS/MMS fees, etc.) and we are not liable for delays or failures caused by telecommunications providers. For instance, if a notification is delayed due to poor network connectivity on your device, that is outside our control – you agree to hold us harmless for such connectivity-related issues 10 .
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the minimum extent required by law. Nothing in these Terms shall limit or exclude liability that cannot be limited or excluded under law (for example, liability for death or personal injury caused by proven gross negligence or willful misconduct, or for our fraud).
Indemnification
You agree to indemnify and hold harmless Electronic Advertising Co. Ltd (and its officers, directors, employees, and agents) from and against any and all losses, liabilities, claims, demands, damages, or expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use or misuse of the Service; (b) your violation of these Terms or any law or regulation; or (c) your infringement of any third-party rights, including intellectual property, privacy, or proprietary rights, through your use of Vialatm. This means you will defend the Company against any claim by a third party that arises from your actions in using the Service, and you will pay any judgment, fees, or costs resulting from such claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (at your expense), and you agree to cooperate with our defense of such claim.
Termination of Service
By User: You are free to stop using the Service at any time. You may delete your account via the account settings (where such functionality is provided) or by contacting customer support with a request to delete your account. If you terminate your account, you will lose access to all data and features associated with that account (unless you have exported or saved your data elsewhere). Note that if you have outstanding usage fees (for example, you used paid features during a period that has not yet been billed), terminating your account does not absolve you of the responsibility to pay those fees; however, as stated, if you were not satisfied and discontinue before paying, we generally will not pursue payment for unused remainder of service, consistent with our postpaid satisfaction guarantee.
By Company: The Company reserves the right to suspend or terminate your access to the Service (or certain features of the Service) at any time, with or without notice, for conduct that we believe violates these Terms or that is harmful to other users, third parties, or the Company’s operations. For example, if you seriously breach the User Conduct rules (such as unauthorized tracking or security violations), we may immediately disable your account. We may also terminate the Service or any part of it if we discontinue the platform (in which case we will provide advance notice to the extent feasible). Upon termination by us, your rights to use the Service will cease immediately. If we terminate your paid account without cause (i.e. not due to your breach), we may provide a pro-rata refund for any postpaid fees you have actually paid for unused service periods; if termination is due to your breach of Terms, you will not be entitled to any refund (and in postpaid context, you would still be responsible for fees incurred up to termination).
Survival: Provisions of these Terms that by their nature should survive termination (such as indemnification, limitations of liability, governing law, etc.) will remain in effect even after your account is terminated.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Thailand, the country where Electronic Advertising Co. Ltd is registered, without regard to its conflict of law principles. However, we recognize that you may have certain consumer protection rights under the laws of your country of residence. Nothing in this section overrides any rights you have as a consumer under mandatory local law.
Any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Service that cannot be resolved amicably shall be subject to the exclusive jurisdiction of the courts of Thailand, unless applicable law in your jurisdiction requires that disputes be resolved in your locale (in which case, you may bring a claim in the courts of your country of residence). By using the Service, you consent to the personal jurisdiction of Thailand’s courts for resolving any disputes, to the extent permitted by law.
Disclaimer for International Use
The Service is controlled and operated from facilities in Thailand. We make no representation that the Service is appropriate or available for use in all locations. Users who access the Service from other jurisdictions do so at their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Keep in mind that by using the Service, your data (including personal data and GPS information) may be transferred or processed in Thailand or other countries (see our Privacy Policy for details on data transfers).
Changes to these Terms
We may revise or update these Terms from time to time, especially as our Service evolves or as legal requirements change. If we make material changes, we will notify you by posting the updated Terms on our site and updating the “Last Updated” date, and/or by sending a notice to the contact email associated with your account. It is your responsibility to review these Terms periodically. Continued use of the Service after any changes to the Terms constitutes acceptance of those changes. If you do not agree to the revised terms, you must stop using the Service.
Contact Information
If you have any questions, concerns, or feedback regarding these Terms or the Vialatm Service, please contact us at [email protected] (example email) or by mail at: Electronic Advertising Co. Ltd, [Street Address], [City], Thailand. We will make our best effort to respond to your inquiry promptly. For inquiries related to payments or billing, you may also contact Paddle at their support page (since they are our payment reseller).