Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the Excubia GPS tracking platform for vehicles, pets, and other assets ("Service") provided by Excubia Ltd, a company registered in England and Wales (Company Number 16522916) ("Excubia", "we", "us", "our"). By creating an account or using the Service you agree to these Terms. If you do not agree, you must not use the Service.

2. Definitions

"Customer" means the organisation or individual subscribing to the Service.

"User" means any person authorised by the Customer to access the Service.

"Data" means location, vehicle, driver, pet, asset, and operational information processed through the Service.

"Subscription" means the paid plan selected by the Customer on a monthly rolling basis.

"Device" means any physical GPS tracking hardware supplied and/or installed by us as part of the Service.

"Tracked Asset" means the vehicle, pet, or other asset to which a Device is fitted or which the Service is used to locate.

3. Services

3.1 Excubia provides GPS tracking, trip history, alerts, reporting, and related fleet and asset management features as described on excubia.uk and in your subscription tier. We may improve, modify, or discontinue features with reasonable notice where practicable. Beta or preview features are provided "as is" without warranty.

3.2 The Service, including any Device and any GPS or location-tracking functionality, is provided as an aid to locating a Tracked Asset. It is not a guarantee of successful location, recovery, or theft prevention, and must not be relied upon as your sole means of security or asset protection.

3.3 We do not guarantee the accuracy of location data, the continuous or uninterrupted operation of the Service, or any particular response time. Performance may be affected by network coverage, satellite availability, physical obstruction, Device condition, or other factors outside our reasonable control.

3.4 We are not liable for any failure or unavailability of the Service caused by the failure, unavailability, or interruption of third-party telecommunications, mobile network, satellite, or SIM services, or by jamming, blocking, or interference with GPS or GSM signals, except where such interference is caused by our own deliberate act or where we have specifically agreed otherwise with you in writing.

3.5 We do not represent or warrant that any Device or the Service meets the requirements of, or qualifies you for, any accreditation, discount, or approval offered by a third-party insurer (including any vehicle tracking device category or standard). If you require a Device for that purpose, you should confirm the relevant requirements with your own insurer before purchase.

3.6 Except as expressly stated in these Terms, the Service is provided "as is" and "as available", without warranties of any kind, express or implied, to the fullest extent permitted by law.

4. Hardware, Installation and Device Care

4.1 Where you have purchased a Device, you are responsible for keeping it charged, connected, and maintained in accordance with our instructions and the manufacturer's instructions. We are not liable for any failure of the Service that results solely from your failure to do so.

4.2 Where we or someone acting on our behalf installs, removes, adjusts, or tests a Device on a vehicle, we will follow the manufacturer's installation instructions and accepted industry practice. Your vehicle keys will remain with you throughout, other than where temporarily required to test the installation, and your vehicle will not be driven or moved beyond what is reasonably necessary for that test.

4.3 You must notify us promptly if a Device is lost, damaged, or appears to be malfunctioning. Separately, if a Tracked Asset itself is lost, stolen, or goes missing, you must notify us and, where appropriate, the police as soon as reasonably practicable — this does not affect any statutory obligation you may have to report the loss elsewhere.

4.4 We take reasonable steps to ensure Devices we supply meet applicable UK product safety, radio equipment, and battery safety regulations current at the time of supply.

4.5 Devices are covered by the applicable manufacturer's warranty against defects, details of which will be provided at the point of purchase. This is in addition to, and does not affect, your statutory rights.

4.6 Where you install a Device yourself, you are responsible for following our installation instructions, and we are not liable for any damage to the Tracked Asset or malfunction of the Device resulting from incorrect installation.

4.7 We may engage appointed installers or subcontractors to carry out installation on our behalf. References in this clause 4 to installation by "us" include installation carried out by such parties in accordance with clause 4.2.

4.8 Unless otherwise agreed in writing, title to a Device passes to you on payment in full, and risk in the Device passes to you on delivery or installation, whichever happens first.

4.9 You must not tamper with, disable, or remove a Device except in accordance with our instructions or with our prior consent.

4.10 Damage in use. The manufacturer's warranty in clause 4.5 and your statutory rights in clause 6.4 cover Devices that are defective. They do not cover accidental damage, deliberate damage, or damage caused by use outside the conditions described in the product documentation — including immersion beyond the Device's stated water resistance rating, chewing or crushing, impact damage, or damage from unapproved modification. Where a Device is damaged rather than defective, we will offer a replacement at our current replacement price, which we will confirm to you before you agree to it. We may ask you to provide photographs of a Device before agreeing a replacement or a warranty claim. Nothing in this clause limits your rights under the Consumer Rights Act 2015.

4.11 Before you buy a Device as a consumer, we will tell you the minimum period for which it will receive security updates. Current periods are published at excubia.uk/security.

5. Payment and Billing

5.1 Subscriptions are billed in advance on a rolling basis, monthly or, where we offer it, annually. There is no minimum contract term unless separately agreed in writing.

5.2 Fees are due on the invoice date. Late payment may result in suspension of access after notice.

5.3 If payment remains outstanding for 28 consecutive days following suspension under clause 5.2, your account will be moved to Suspended status. During Suspended status your access to the Service is restricted, but Data collection and retention continue as normal. If payment remains outstanding for a further 90 days following suspension, your account will be moved to Inactive status: Device data collection stops, but your existing Data is retained in accordance with our data retention policy and is not deleted.

5.4 Prices shown to consumers include any VAT payable. Prices quoted to business Customers exclude VAT, which will be added where applicable.

5.5 We may change Subscription fees on renewal or with at least 30 days' notice. Continued use of the Service after a fee change takes effect constitutes acceptance of the new fee.

6. Cancellation and Returns

6.1 Devices. If you are contracting as a consumer and bought a Device at a distance (for example, online, by email or by phone), you have the right to cancel that purchase within 14 days of the day you receive the Device, without giving a reason, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You must return the Device to us within 14 days of telling us you are cancelling. We will refund you within 14 days of receiving the Device back, or of receiving evidence that you have returned it, whichever is sooner. We may reduce the refund to reflect any reduction in value caused by handling the Device beyond what is necessary to establish its nature, characteristics and functioning.

6.2 Subscriptions. If you are contracting as a consumer and entered into a Subscription at a distance, you have the right to cancel it within 14 days of the day the contract was made, without giving a reason. If you asked us to start the Service before the 14 days ended and then cancel, you will pay for the Service provided up to the point you told us, in proportion to the full Subscription period. This is separate from, and additional to, your right to end a Subscription at any time under clause 12.

6.3 To cancel under clause 6.1 or 6.2, tell us clearly by email to support@excubia.uk or by post to the address in clause 17. You may use the model cancellation form at the end of these Terms, but you do not have to. Where we fitted a Device for you, the right to cancel does not extend to the fitting service once it has been completed at your request within the cancellation period.

6.4 If a Device is faulty, your statutory rights under the Consumer Rights Act 2015 (or equivalent legislation applicable to you) to a repair, replacement, price reduction, or refund are not affected by anything in these Terms.

7. Data and Privacy

7.1 You retain ownership of your Data. We process Data only to provide the Service, support you, improve security, and as described in our Privacy Policy. We never sell your Data.

7.2 Data retention depends on your subscription tier:

• Basic and Standard: 90 days of historical telematics data
• Enhanced: 180 days
• Platinum: 365 days

7.3 You are responsible for having a lawful basis to collect and upload personal data (including driver, employee, or other individuals' information) and for providing appropriate notices to, and where required obtaining consent from, those individuals — including where the Service is used to monitor their location or movements.

7.4 Where you are a business Customer and we process personal data on your behalf as part of the Service, we act as your data processor and the terms of our Data Processing Agreement apply. A copy is available on request from support@excubia.uk.

7.5 We implement appropriate technical and organisational measures to protect Data. No system is completely secure; you must keep credentials confidential.

7.6 We will notify you without undue delay if we become aware of a personal data breach affecting your Data, in accordance with our obligations under UK data protection law.

8. Acceptable Use

8.1 You must not misuse the Service, including by: attempting unauthorised access; interfering with other users; uploading malware; using the Service to track or monitor a vehicle, pet, other asset, or individual without appropriate legal right, consent, or basis to do so; or reselling access without our written consent. We may suspend accounts that violate this section.

8.2 You will indemnify us against any claims, losses, or costs we reasonably incur as a result of your breach of clause 8.1.

8.3 You are responsible for the acts and omissions of your Users in connection with the Service as if they were your own.

8.4 Where we receive a credible report that the Service is being used to track a person without their agreement, we may suspend the relevant Device or account while we investigate, preserve the relevant Data, and disclose it to the police or another authority where the law allows or requires. Anyone can make a report at excubia.uk/report-misuse.

9. Intellectual Property

Excubia owns all intellectual property in the Service, software, documentation, and branding, including the Excubia trademark. You receive a limited, non-exclusive, non-transferable licence to use the Service during an active Subscription, for your internal business purposes or, if you are a consumer, for your own personal use.

10. Limitation of Liability

10.1 We do not guarantee that the Service or any Device will prevent theft, loss, or damage to any Tracked Asset, or that it will result in successful recovery of a vehicle, pet, or other asset.

10.2 To the fullest extent permitted by law, Excubia shall not be liable for indirect, incidental, special, or consequential loss, or loss of profits, revenue, or data. Our total aggregate liability arising from or relating to the Service in any twelve-month period is limited to the fees paid by you in that period.

10.3 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any liability which cannot be excluded or limited under applicable law — including, where you are contracting as a consumer, your statutory rights under the Consumer Rights Act 2015 and any other mandatory consumer protection law.

10.4 The cap in clause 10.2 does not apply to your payment obligations under clause 5, your indemnity under clause 8.2, or liability arising from fraud or wilful misconduct.

11. Claims Cooperation

If an incident occurs that may give rise to a claim against us (including a loss, theft, or damage involving a Tracked Asset), you agree to: notify us promptly with accurate details; not admit fault, agree a settlement, or make any promise of compensation to a third party on our behalf; and provide reasonable assistance and preserve relevant evidence (including photographs, messages, and records) to help us investigate.

12. Termination

12.1 Either party may end a Subscription by giving notice in accordance with your account settings or by written notice. We may terminate or suspend access immediately for material breach or non-payment. On termination you may export Data before deletion subject to retention limits. Sections that by nature should survive will survive termination.

12.2 On termination for any reason, your licence to use the Service ends immediately and any outstanding fees become immediately due.

12.3 If you pay for a Subscription annually and end it before the year is up, we will refund the fees for each whole month remaining, within 14 days of the Subscription ending. This does not apply where we end the Subscription because of your material breach, and it does not affect your right to cancel under clause 6.

13. Force Majeure

We will not be liable for any failure or delay in performing the Service to the extent caused by events reasonably outside our control, including network, satellite, or utility outages, extreme weather, industrial action, or failure of third-party suppliers. If such an event continues for more than 60 consecutive days, either party may terminate the affected Subscription by written notice.

14. Changes to Terms

We may update these Terms by publishing a new version and setting it as the current version in the Service. Material changes will be communicated by email or in-app notice. Continued use after the effective date requires acceptance of the updated Terms.

15. Governing Law

These Terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction, subject to any mandatory consumer protections in your country of residence.

16. General

16.1 Assignment. You may not assign or transfer these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

16.2 Severability. If any part of these Terms is found unenforceable, the rest will remain in full effect.

16.3 Entire agreement. These Terms, together with any order confirmation, Data Processing Agreement, and our Privacy Policy, form the entire agreement between us and supersede any prior discussions.

16.4 Third party rights. A person who is not a party to these Terms has no right to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.

16.5 Notices. Legal notices to us should be sent to the contact details in clause 17. We will send notices to you at the email address on your account.

16.6 No waiver. A failure or delay by either party to exercise any right under these Terms is not a waiver of that right.

17. Contact

Excubia Ltd
The Wesley Centre, Blyth Road, Maltby, Rotherham, S66 8JD
Email: support@excubia.uk
Phone: 01709 278468
Company Number: 16522916

Model cancellation form

Complete and return this form only if you wish to cancel the contract.