Terms of service

Overview

This website is operated by Modient Drive. Throughout the site, the terms “we”, “us” and “our” refer to Modient Drive.

By visiting our website, using our services, or purchasing products from us, you agree to be bound by these Terms of Service, together with our Privacy Policy, Refund Policy and Shipping Policy.

If you do not agree to these Terms, you should not use this website or purchase from Modient Drive.

Section 1: Online Store Terms

By using this site, you confirm that you are at least the age of majority in your country, state, or region of residence.

You agree not to use our products, website, or services for any unlawful, unauthorised, harmful, misleading, abusive, or privacy-invasive purpose.

You must not use our products to track, monitor, or collect information about any person, vehicle, equipment, asset, or location unless you own it, control it, or are legally authorised to monitor it.

Section 2: GPS Tracking Product Use

Modient Drive products are intended to help customers monitor vehicles, equipment, people, pets, or assets they own, care for, control, or are legally authorised to monitor.

You are responsible for ensuring that your purchase, installation, and use of any GPS tracking product complies with all applicable laws in your country, state, region, or location. This may include laws relating to privacy, surveillance, stalking, employment monitoring, telecommunications, vehicle tracking, data protection, consent, and location data.

You must not use our products to secretly track another person, monitor a vehicle you do not own or control, track a spouse, partner, former partner, child, employee, contractor, private vehicle, rental vehicle, shared vehicle, or any person or property unless you have lawful authority, ownership rights, or all required consent.

For fleet, employee, contractor, family, shared vehicle, child, elderly care, pet, or business use, you are responsible for providing any notices, consents, disclosures, policies, or permissions required by law.

United States customers acknowledge that GPS tracking laws vary by state. You are responsible for checking and complying with all federal, state, and local laws before using any tracking product.

Location data may be considered personal information or sensitive personal information in some jurisdictions. If you use a product to collect, view, store, process, or share location data about another person, you are responsible for providing any legally required privacy notices, obtaining any required consent, and handling that data lawfully.

Modient Drive is not responsible for misuse of tracking products or for any unlawful use by a customer or third party.

Section 3: Lawful Use Acknowledgement

By purchasing or using a Modient Drive tracking product, you acknowledge and agree that:

• You will only use the product for lawful purposes
• You will not use the product to secretly or unlawfully track another person
• You are responsible for checking the laws that apply in your country, state, region, or location
• You are responsible for obtaining any required consent, permission, disclosure, or authorisation
• You are responsible for how any location data is collected, viewed, stored, shared, or used
• You will not use the product in a way that breaches another person’s privacy, safety, employment, property, or legal rights

We reserve the right to refuse service, cancel orders, suspend support, or report misuse where we reasonably believe a product is being used unlawfully, harmfully, or in breach of these Terms.

Section 4: Tracking App, Platform and App Access

Some Modient Drive products use TrackSolid Pro, a third party tracking app and platform provided and operated by Jimi IoT Co., Ltd. Modient Drive supplies GPS tracking hardware and setup guidance, but does not own, operate, or control TrackSolid Pro.

In simple terms, the tracking app and platform are provided by Jimi IoT Co., Ltd, not Modient Drive. We can help where practical, but we do not control the app, platform, servers, updates, account access, or service availability.

Where a product includes access to TrackSolid Pro or another third party app, platform, cloud service, server, account, or related service, that access is subject to the third party provider’s own terms, conditions, availability, compatibility, support, pricing, and service policies.

App and platform access may require account setup, activation, mobile network coverage, compatible devices, app availability, and continued operation of the third party platform.

Modient Drive does not guarantee:

• Ongoing access to TrackSolid Pro or any other third party app, platform, server, cloud service, account, or related service
• That TrackSolid Pro or any third party app or platform will remain available, unchanged, free, or compatible with your device
• That tracking data will always be accurate, real time, complete, or uninterrupted
• That mobile networks, GPS signals, cloud services, servers, or third party systems will operate without delay, outage, restriction, or error
• That any third party provider will continue offering the same service, app, pricing, features, server access, account access, or platform terms

If TrackSolid Pro or any third party app, platform, server, cloud service, account, or related service is changed, suspended, discontinued, restricted, or made unavailable by the provider, Modient Drive will make reasonable efforts to assist where practical, but we are not responsible for third party service interruptions, outages, pricing changes, account issues, app changes, server issues, compatibility issues, or discontinued access.

You are responsible for reviewing and complying with any third party app, platform, cloud, server, account, or service terms that apply to your product.

Section 5: SIM Cards, Prepaid SIMs, Data Plans and Mobile Network Access

Some Modient Drive products may require a SIM card, mobile data plan, mobile network access, activation, APN settings, or other telecommunications services in order to operate.

Unless a product page clearly states that a SIM card or prepaid data is included, the product does not include a SIM card, mobile data plan, or network service.

Where a product page states that a prepaid SIM is included, the SIM or data service is usually supplied through 1NCE or another third party connectivity provider. The included 1NCE IoT SIM generally includes 500MB of data, 250 SMS, and up to 10 years of global connectivity and software access under normal use conditions, unless the product page states otherwise. Modient Drive does not own, operate, or control 1NCE, any mobile network, roaming arrangement, SIM platform, data platform, or third party connectivity service.

Where a prepaid SIM is included, it is intended for normal GPS tracking use only. Any stated data amount, usage period, or expected service life is based on normal use conditions. Heavy use, changed reporting settings, poor signal, frequent reporting, unusual use cases, vehicles operating for long periods each day, roaming behaviour, device settings, network conditions, or other factors may use prepaid data faster than expected.

If a product does not include a SIM, you are responsible for obtaining and maintaining a suitable compatible data SIM card for your device. You are also responsible for ensuring that the SIM card, data plan, network provider, coverage, frequency bands, APN settings, roaming settings, and service terms are compatible with the product and suitable for your intended use.

Any mobile network charges, SIM card costs, data charges, roaming fees, activation fees, renewal fees, subscription fees, or other carrier/provider charges are your responsibility, unless a product page clearly states that a specific prepaid SIM or data allowance is included.

Modient Drive is not responsible for:

• SIM card or data plan costs, unless a product page clearly states that a specific prepaid SIM or data allowance is included
• Mobile network coverage or outages
• Carrier restrictions or account issues
• Incorrect APN or network settings
• Incompatible SIM cards or mobile plans
• Inactive, expired, suspended, or restricted SIM cards
• Roaming charges or unexpected carrier fees
• Changes to mobile network technology, including 2G, 3G, 4G, LTE, 5G, Cat M1, NB-IoT, or future network availability
• A product not working because of an unsuitable, inactive, restricted, expired, depleted, or incorrectly configured SIM card or data plan
• Service issues, outages, restrictions, or changes caused by 1NCE or any other third party connectivity provider

Before purchasing, you should check the product details and confirm whether the device includes a prepaid SIM, requires your own compatible data SIM card, or has specific network requirements. We recommend confirming SIM, network, and app compatibility before purchase, especially if you intend to use the product outside New Zealand, in the United States, or with a specific mobile provider.

Section 6: Customer Responsibility for Installation and Setup

Some products may require installation, configuration, charging, firmware setup, app setup, SIM activation, APN configuration, account setup, or placement in a suitable location to operate correctly.

You are responsible for installing and using the product safely and in accordance with any instructions provided.

If professional installation is recommended or required for a product, you are responsible for arranging this unless the product page clearly states otherwise.

Modient Drive is not responsible for product issues caused by incorrect installation, unsuitable placement, incorrect wiring, incorrect SIM/APN setup, incompatible accessories, misuse, tampering, physical damage, unauthorised modification, or failure to follow instructions.

Section 7: Product Information

We make reasonable efforts to describe our products accurately. However, product images, colours, packaging, specifications, app screens, features, accessories, and included items may vary slightly from what appears on our website.

Some products may require a SIM card, mobile data plan, third party app, network coverage, activation process, account setup, correct configuration, or ongoing service to operate. Where relevant, we will try to make these requirements clear on the product page.

GPS tracking performance may be affected by network coverage, satellite visibility, device placement, battery level, app availability, app settings, SIM/data plan status, APN settings, server availability, environmental conditions, buildings, tunnels, weather, vehicle location, and other factors outside our control.

We do not guarantee uninterrupted, error free, continuous, real time, or fully accurate tracking.

Section 8: Not a Security or Recovery Guarantee

Modient Drive products are monitoring and location-support tools only.

They are not security systems, emergency response systems, insurance products, anti-theft guarantees, theft prevention guarantees, or recovery guarantees.

We do not guarantee that a product will prevent theft, locate stolen property, recover a vehicle, prevent unauthorised use, provide real-time tracking, operate during an emergency, or provide uninterrupted location information.

You should not rely on our products as your only method of vehicle security, asset protection, personal safety, theft prevention, or emergency response.

Section 9: Orders

When you place an order, you are making an offer to purchase. We reserve the right to accept, decline, cancel, or limit any order at our discretion.

Your order is accepted when we confirm it by email. Payment processing alone does not require us to accept an order where there has been an obvious pricing, product, availability, shipping, technical, or information error.

Please review your order carefully before submitting it. We may not be able to cancel or change an order once processing has started.

If we need to cancel or change an order, we will attempt to contact you using the email address or contact details provided at checkout.

Section 10: Pricing, Taxes and Payment

Prices are shown in the currency displayed at checkout. We may change prices at any time before an order is accepted.

Where GST, sales tax, VAT, or other taxes are required to be included or collected by law, they will be included, displayed, or collected as required.

For United States and other international customers, prices may not include sales tax, customs duties, import tariffs, brokerage fees, carrier fees, or other charges imposed by your country, state, region, customs authority, or delivery provider unless those charges are clearly collected at checkout.

You are responsible for any taxes, duties, customs charges, import fees, tariffs, brokerage fees, carrier fees, or similar charges that apply to your order.

You agree to provide accurate and complete billing, shipping, and payment information.

We may correct pricing errors, product information errors, shipping errors, or availability errors at any time, including after an order has been placed.

Section 11: Shipping and Delivery

Delivery timeframes are estimates only and are not guaranteed unless expressly stated otherwise.

We are not responsible for delays caused by shipping carriers, customs processing, incorrect addresses, supplier delays, weather events, public holidays, import processes, inspections, network issues, fulfilment delays, or other events outside our control.

You are responsible for providing a complete and accurate shipping address. We are not responsible for orders delayed, lost, returned, or delivered incorrectly because of incorrect or incomplete delivery information.

For United States customers, if we state a delivery or shipping timeframe, that timeframe is an estimate unless clearly stated as guaranteed. If we are unable to ship within the timeframe required by applicable law, we may contact you with updated timing or cancellation/refund options where required.

Shipping and delivery are also subject to our Shipping Policy.

Section 12: Returns and Refunds

Returns and refunds are handled in accordance with our Refund Policy.

To request a return or report an issue with your order, contact us at support@modientdrive.com.

Items returned without prior approval may not be accepted.

Any change-of-mind return period stated in our Refund Policy does not limit any rights you may have under applicable consumer protection laws.

Nothing in these Terms limits any rights you may have under laws that cannot legally be excluded.

Section 13: Third Party Services and Apps

Some products may rely on third party apps, platforms, SIM cards, prepaid SIMs, mobile networks, cloud services, software, servers, carriers, or service providers.

TrackSolid Pro is provided and operated by Jimi IoT Co., Ltd. Where a prepaid SIM is included, SIM/data service is usually supplied through 1NCE or another third party connectivity provider.

We are not responsible for interruptions, changes, fees, account issues, app changes, compatibility problems, carrier issues, server issues, mobile network issues, data delays, service limitations, prepaid SIM limitations, or service changes caused by third party providers.

You are responsible for reviewing and complying with any third party terms, privacy policies, subscription requirements, app instructions, SIM requirements, account setup requirements, or carrier instructions that apply to your product.

Section 14: Intellectual Property

All content on this website, including text, images, graphics, logos, branding, product descriptions, layout, and design elements, is owned by or licensed to Modient Drive unless otherwise stated.

You may not copy, reproduce, modify, distribute, publish, scrape, sell, or use our website content, branding, or materials without our prior written permission.

Section 15: Third Party Links

Our website may contain links to third party websites, apps, platforms, or services. We are not responsible for the content, accuracy, policies, products, services, availability, security, or practices of any third party website or service.

You access third party links at your own risk.

Section 16: User Reviews, Feedback and Content

If you submit reviews, photos, feedback, comments, testimonials, or other content to us, you grant Modient Drive permission to use, reproduce, edit, publish, display, and share that content for business, customer service, marketing, and promotional purposes.

You confirm that any content you provide is accurate, lawful, and does not infringe the rights of another person or business.

We may remove or edit user content at our discretion.

Section 17: Prohibited Uses

You must not use our website, products, or services:

• For unlawful purposes
• To breach privacy, surveillance, stalking, employment, telecommunications, vehicle tracking, or data protection laws
• To track a person, vehicle, equipment, asset, or location without lawful authority
• To secretly monitor another person
• To infringe intellectual property rights
• To submit false or misleading information
• To transmit viruses, malware, spam, harmful code, or abusive content
• To interfere with the security or operation of the website
• To scrape, copy, reverse engineer, or exploit the website or its content
• To harass, abuse, threaten, defame, stalk, intimidate, or harm another person
• To use any product in a way that creates a safety, privacy, or legal risk to another person

We reserve the right to refuse service, cancel orders, suspend support, or restrict access if we believe these Terms have been breached.

Section 18: Disclaimer of Warranties

Our website, services, and products are provided on an “as is” and “as available” basis, except where warranties are required by law.

We do not guarantee that the website will be uninterrupted, secure, or error free.

We do not guarantee that GPS tracking products will operate continuously, prevent theft, recover stolen property, provide accurate location data in every circumstance, or operate without interruption.

We do not guarantee that any app, platform, SIM/data service, prepaid SIM service, mobile network, server, cloud service, or third party system will remain available, compatible, unchanged, free, or uninterrupted.

Nothing in these Terms limits any rights you may have under applicable consumer protection laws that cannot legally be excluded.

Section 19: Limitation of Liability

To the fullest extent permitted by law, Modient Drive will not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, loss of business, loss of vehicle, theft, failure to recover stolen property, unauthorised use of a product, app outages, network outages, carrier charges, roaming charges, prepaid SIM issues, third party service failures, server outages, or loss arising from unlawful or unauthorised use of a product.

Our liability for any claim relating to a product or order will be limited to the amount paid by you for the relevant product, except where the law does not allow such limitation.

Section 20: Business Purchases

Where you purchase products for business, commercial, fleet, workplace, contractor, resale, or professional purposes, you agree that, to the extent permitted by law, consumer protection laws that can legally be excluded may not apply.

Nothing in these Terms limits any rights, remedies, guarantees, or protections that cannot legally be excluded.

You are responsible for ensuring that any workplace, fleet, contractor, employee, or business use of our products complies with all applicable laws, including any notice, consent, disclosure, monitoring, privacy, employment, and data protection requirements.

Section 21: Indemnification

You agree to indemnify and hold harmless Modient Drive, its owners, employees, suppliers, service providers, and partners from any claim, loss, liability, damage, cost, or expense arising from:

• Your breach of these Terms
• Your misuse of our products
• Your unlawful tracking or monitoring activity
• Your violation of another person’s privacy, property, employment, safety, or legal rights
• Your breach of any applicable law
• Your use of any third party app, platform, SIM card, prepaid SIM, mobile network, cloud service, server, or related service in connection with the product
• Any claim made by another person because of how you installed, configured, accessed, monitored, shared, or used a product or location data

Section 22: Privacy

Your use of our website and services is subject to our Privacy Policy.

By using this website, you acknowledge that personal information may be collected, processed, stored, and shared with service providers where necessary to operate the website, process orders, provide customer support, deliver products, manage payments, prevent fraud, and provide services.

If you use our products to collect, view, store, process, or share location data about another person, you are responsible for ensuring you have the legal right to do so.

Section 23: Governing Law and International Customers

These Terms are governed by the laws of New Zealand, except where mandatory consumer protection, privacy, or other laws in your country, state, or region of residence apply and cannot legally be excluded.

If you purchase from outside New Zealand, including from the United States, you may have rights under local laws that cannot be limited by these Terms.

You are responsible for ensuring that your purchase, installation, and use of any GPS tracking product is lawful in your country, state, region, or location.

Section 24: Changes to These Terms

We may update these Terms from time to time by posting the updated version on this page.

Your continued use of our website after changes are posted means you accept the updated Terms.

Section 25: Contact Information

Questions about these Terms should be sent to:

Modient Drive
Email: support@modientdrive.com
Business entity: Modient Limited
Business location: Auckland, New Zealand