1 Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "User," "Account Administrator") and EMLOCA ("we," "us," "our") governing your access to and use of the EMLOCA employee location tracking platform, including the web dashboard at emloca.com and the EMLOCA Tracker mobile application.
By registering an account, accessing the dashboard, or installing the EMLOCA Tracker app, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you are entering into these Terms on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.
2 Service Description
EMLOCA provides a Software-as-a-Service (SaaS) platform that enables organizations to track the real-time GPS location of field employees through the EMLOCA Tracker mobile application installed on employee smartphones. The platform includes:
- Real-time live map displaying employee locations
- Automatic trip and movement history recording
- Configurable geofence work zones with entry/exit alerts
- GPS offline and after-hours activity alerts
- Employee management dashboard
- GPS token management for mobile devices
We reserve the right to modify, enhance, or discontinue features of the Service at any time. We will provide reasonable notice of material changes through the platform or via email.
3 Eligibility
To use EMLOCA, you must:
- Be at least 18 years of age
- Have the legal capacity to enter into a binding contract
- Represent a legitimate business, organization, or employer
- Use the Service in compliance with all applicable laws and regulations in your jurisdiction
EMLOCA is not intended for personal, family, or household use. It is exclusively a business-to-business workforce management tool.
4 Account Registration & Security
You must provide accurate, current, and complete information during registration and keep your account information up to date. You are responsible for:
- Maintaining the confidentiality of your login credentials
- All activity that occurs under your account
- Immediately notifying us at support@emloca.com of any unauthorized access or suspected security breach
- Ensuring that users you add to your account comply with these Terms
We are not liable for losses resulting from unauthorized account access caused by your failure to secure credentials.
5 License Grant
Subject to your compliance with these Terms, EMLOCA grants you a limited, non-exclusive, non-transferable, revocable license to access and use the platform for your internal business purposes during the subscription period.
This license does not include: (a) sublicensing or reselling access; (b) reverse engineering, decompiling, or disassembling the platform; (c) copying or extracting the platform's source code, algorithms, or design elements; or (d) using the platform to build a competing service.
6 Acceptable Use
You agree to use EMLOCA only for lawful business workforce management purposes. You are responsible for ensuring that:
- All employees tracked through your EMLOCA account have been properly informed and, where legally required, have consented to location tracking.
- Your use of location data complies with applicable employment law, labor regulations, and privacy legislation in your jurisdiction.
- Location data is accessed only by personnel with a legitimate business need.
- Location data is not used for discriminatory, retaliatory, or otherwise unlawful purposes.
7 Prohibited Conduct
You must not use EMLOCA to:
- Track individuals without their knowledge where such notice is legally required
- Track individuals who are not your employees or contracted field workers
- Track individuals outside of agreed working hours without a disclosed, lawful basis
- Use location data as evidence in legal or employment proceedings without independent verification
- Attempt to breach, test, or scan the security of the platform without express written authorization
- Introduce malware, viruses, or any harmful code
- Scrape, harvest, or extract data from the platform using automated tools
- Impersonate another user, organization, or EMLOCA itself
- Circumvent access controls or authentication mechanisms
- Use the platform for any unlawful surveillance purpose
Violation of these prohibitions may result in immediate account suspension and potential legal action.
8 Employee Tracking Compliance
Before deploying EMLOCA, you must independently confirm:
- Legal basis: You have a lawful basis to track employee GPS locations under applicable law (e.g., legitimate interest, contractual necessity, or explicit consent depending on your jurisdiction).
- Employee notification: Employees have received clear written notice of the tracking program, including its scope, purpose, data retention, and who has access to their location data.
- Consent (where required): Written consent has been obtained where required by labor or data protection law.
- Proportionality: The tracking is proportionate to the legitimate business purpose and does not unduly intrude on employees' privacy during non-working hours.
- Documentation: Your tracking program is documented in your employment policies, contracts, or collective agreements as required by law.
EMLOCA assumes no liability for your failure to comply with applicable employment monitoring laws. You agree to indemnify and hold EMLOCA harmless from any claims arising from your non-compliant use of location data.
9 GPS Accuracy Disclaimer
GPS accuracy depends on factors outside EMLOCA's control, including satellite availability, mobile network quality, device hardware, weather, and physical obstructions (buildings, tunnels, dense urban areas). EMLOCA makes no warranty that GPS readings are precise, real-time, or continuous.
10 Fees, Billing & Payment
Some features of EMLOCA may require a paid subscription. By subscribing, you agree to pay all applicable fees as described on our pricing page at the time of purchase. Fees are:
- Billed in advance on a monthly or annual basis, as selected
- Non-refundable except as required by applicable law or as expressly stated in our refund policy
- Subject to change with 30 days' prior notice to Account Administrators
Failure to pay fees may result in service suspension. Reactivation requires payment of outstanding balances.
11 Cancellation
You may cancel your subscription at any time through the account settings or by contacting support@emloca.com. Cancellation takes effect at the end of the current billing period. You will continue to have access to paid features until the end of your paid term. No prorated refunds are provided unless required by law.
Upon cancellation, your account will be downgraded to the free tier (if available) or closed. Your data will be retained for 90 days after closure, after which it will be permanently deleted.
12 Termination by EMLOCA
We reserve the right to suspend or terminate your account at any time, without prior notice, if:
- You violate these Terms, particularly Sections 7 or 8
- Your use of the platform poses a legal, security, or reputational risk
- Required by law or court order
Where termination is not due to your breach, we will provide reasonable notice and a data export opportunity. We are not liable for losses resulting from account termination for cause.
13 Service Availability
We aim to maintain high availability of the platform but do not guarantee uninterrupted, error-free service. Scheduled maintenance, server updates, force majeure events, and third-party dependencies (OpenStreetMap, mobile networks, cloud infrastructure) may cause temporary interruptions.
We are not liable for losses arising from service unavailability, GPS tracking gaps, or data loss during outages. The platform is not intended as a safety-critical system and must not be relied upon for emergency or life-safety applications.
14 Intellectual Property
EMLOCA and all its components — including but not limited to the web dashboard, mobile application, APIs, software code, algorithms, designs, trademarks, and documentation — are the exclusive intellectual property of EMLOCA. All rights are reserved.
Nothing in these Terms transfers any ownership interest to you. You may not use EMLOCA's name, logo, or branding without our express written consent.
15 Your Data
You retain ownership of all employee data uploaded to or generated through your EMLOCA account. By using the platform, you grant EMLOCA a limited, worldwide, royalty-free license to store, process, and display your data solely to provide the Service.
We do not claim ownership over your employee data and will not use it for any purpose beyond delivering and improving the EMLOCA platform. See our Privacy Policy for full details.
You are responsible for maintaining independent backups of any critical data. EMLOCA is not responsible for data loss due to account closure, accidental deletion, or service interruptions.
16 Third-Party Services
EMLOCA integrates with third-party services including OpenStreetMap (map rendering), Telegram Bot API (alert notifications), and email providers. Your use of these integrations is subject to their own terms of service. We are not responsible for the availability, accuracy, or policies of third-party services.
17 Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED ACCESS. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, THAT GPS DATA WILL BE ACCURATE OR COMPLETE, OR THAT ANY DEFECTS WILL BE CORRECTED.
18 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMLOCA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES YOU PAID TO EMLOCA IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) USD $100.
These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability) and even if EMLOCA has been advised of the possibility of such damages.
19 Indemnification
You agree to indemnify, defend, and hold harmless EMLOCA and its officers, directors, employees, and agents from and against any claims, damages, costs, liabilities, and expenses (including reasonable attorneys' fees) arising from:
- Your use or misuse of the Service
- Your violation of these Terms
- Your failure to comply with applicable employment monitoring or privacy laws
- Any claim by an employee arising from your tracking program
- Your violation of any third-party rights
20 Governing Law & Disputes
These Terms are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles.
Any dispute arising from these Terms shall first be submitted to good-faith negotiation. If unresolved within 30 days, disputes shall be resolved by binding individual arbitration administered under commercially reasonable arbitration rules. You waive the right to participate in class action lawsuits or class-wide arbitration.
Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction where necessary to protect intellectual property or confidential information.
21 Modifications to Terms
We reserve the right to modify these Terms at any time. When we make material changes, we will notify Account Administrators by email and post the updated Terms on this page with a revised effective date, at least 14 days before the changes take effect.
Your continued use of EMLOCA after the effective date of revised Terms constitutes your acceptance. If you disagree with updated Terms, you may cancel your account before the effective date.
22 Contact
For questions about these Terms of Service: