1. AGREEMENT TO OUR LEGAL TERMS
We are Crimson Tech Limited (Company, we’, ‘us’ or ‘our’) We operate the website odysseyatlas.com (the ‘Site’), the mobile application Odyssey Atlas (the ‘App’), as well as any other related products and services that refer or link to these legal terms
(the Legal Terms) (collectively, the ‘Services’). You can contact us by phone at 0556581286, email at [email protected] /
[email protected], or by mail to Ghana These Legal Terms constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (you’), and Crimson Tech Limited, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE
2.0 Service Description
The “Service” encompasses (a) the Site provided by Crimson Tech (Odyssey Atlas) for Crimson Tech (Odyssey Atlas), (b) information about Crimson Tech (Odyssey Atlas) devices and related services, and (c) all mobile applications, software (including the Software), data, reports, text, images, sounds, videos, and content made available through any of these (collectively referred to as the “Content”).
The term “Hardware” refers to the Crimson Tech (Odyssey Atlas) device that can be connected to your vehicle, movable or landed asset, or property in relation to the Service. Any updates or additional features introduced to the Service or the Hardware will also be governed by this Terms of Service (TOS). To ensure that the Software remains current, you agree that we may provide you with updates without requiring your further consent or notice. PLEASE NOTE: In order for the Service to operate properly, the mobile device on which the
Crimson Tech (Odyssey Atlas) application is installed must be connected to or associated with your Service, and the Hardware must be correctly installed on or in your asset. Additionally, the mobile device must have sufficient network and data service in the required location. This GPS Unit Lease becomes effective upon receipt of payment by Crimson Tech (Odyssey Atlas) for the renewable one-year lease of the GPS Equipment Unit, Software, Data, and Data Storage. This document represents the agreement between the parties involved.
2.1 Lease Terms
This Lease will commence on the date of purchase and will be valid for a renewable term of one year. It will end when the equipment is returned to Crimson Tech (Odyssey Atlas), referred to as the Lessor, unless terminated in accordance with the terms of this Lease.
During the lease term, the Lessee will have possession of the GPS Unit and must obtain consent from the Lessor before removing it from their possession. The GPS Unit should be used and operated carefully and appropriately, complying with all applicable laws, ordinances,
and regulations regarding equipment possession and use. The Lessee must not make any alterations to the equipment without the prior written consent of the Lessor. Any alterations made will become the property of the Lessor and subject to the terms of this Lease.
The Lessee is responsible for maintaining the equipment in good repair and operating condition, considering reasonable wear and tear, at their own expense. The Lessor will handle repairs related to manufacturing defects, changes in technology, and device failure resulting from normal use and care. If the GPS device stops functioning during the lease term, the Lessor will either repair the issue or replace the unit. Shipping charges for returning the GPS units from the Lessee to the Lessor are the responsibility of the Lessee. At the end of the Lease Terms, the Lessee is obligated to return the equipment to the Lessor. If the Lessee is not in default upon the lease’s expiration, they have the option to renew the Lease for a similar term under agreed-upon terms. The Lessee assumes all risks of loss or damage to the GPS Unit from any cause and agrees to return it to the Lessor in the condition received, except for normal wear and tear, unless
otherwise specified in this Lease.
The following circumstances will be considered defaults under this Lease:
A. Failure to make required payments on time.
B. Violation of any provision or requirement in this Lease.
C. Lessee’s insolvency or bankruptcy.
D. Subjecting any of Lessee’s property to levy, seizure, assignment, application, or sale by any
creditor or government agency.
In addition to any rights granted to the Lessor by law, in the event of default by the Lessee under this Lease, the Lessor may, without prior notice or demand, take possession of the equipment as permitted by law. The Lessor can deduct the costs of recovery (including attorney
fees and legal costs), repairs, and related expenses, holding the Lessee accountable for any remaining balance. The rights and remedies provided to the Lessor by law and this Agreement will be cumulative.
The Lessee is not allowed to assign or sublet any interest in this Lease or the GPS Unit or permit anyone other than the Lessee or Lessee’s employees or members to use the GPS unit without the prior written consent of the Lessor. This Lease constitutes the entire agreement between the parties, and no modifications or amendments will be effective unless made in writing. This Lease supersedes all previous agreements between the parties.
3.1 You are permitted to access and use the Service and Hardware solely for lawful purposes, subject to the terms and conditions of this TOS. You must not use our Services or Hardware in connection with (i) cars with modified engine or electronic control systems, or (ii) cars of any make, model, or year that we do not support, as specified on our website. All rights, title, and interest in the Service, Hardware, and their components belong exclusively to Crimson Tech (Odyssey Atlas) and our Mobile Network Operating Partners. You are prohibited from: (a) sublicensing, reselling, renting, leasing, transferring, assigning, or making the Service available to any third party; (b) using the Service or Hardware unlawfully or in a manner that disrupts its integrity or performance; (c) modifying, adapting, or hacking the Service or Hardware to gain unauthorized access; or (d) using the Service or Hardware to access materials or information through unauthorized means. You must comply with any codes of conduct, policies, or notices provided by Crimson Tech (Odyssey Atlas), and promptly report any security breaches related to the Service.
3.2 The Software provided by Crimson Tech (Odyssey Atlas) as part of the Service, including mobile applications and embedded software on the Hardware, contains proprietary and confidential information protected by intellectual property and other laws. Subject to the terms of this TOS, you are granted a personal, non-transferable, non-sublicensable, and non-exclusive right and license to use the object code of the Software solely in connection with the Service. However, you are prohibited from copying, modifying, reverse engineering, selling, assigning, sublicensing, or transferring any rights in the Software. You agree to access the Service only through the provided interface by Crimson Tech (Odyssey Atlas). The trademarks and service marks of Crimson Tech (Odyssey Atlas) (collectively the “Crimson Tech (Odyssey Atlas) Trademarks”) are protected. Other company names, product names, and logos displayed via the Services may be trademarks or service marks of their respective owners, and their endorsement or affiliation with us is not implied. No license or right to use any Crimson Tech (Odyssey Atlas) Trademarks is granted without our prior written permission. The use of Crimson Tech (Odyssey Atlas) Trademarks generates goodwill exclusively for us. Any rights not explicitly granted by Crimson Tech (Odyssey Atlas) are reserved, and no license or right to use any trademark of Crimson Tech (Odyssey Atlas) or any third party is granted to you in connection with the Service or Hardware. The export of Hardware, Software, and applicable data is subject to Ghana’s export controls. You must comply with all local rules and laws concerning your use of the Service and Hardware.
against third-party breaches. Your use of the Services and Hardware and sharing of information are at your own risk.
3.5 The Service includes Mobile Services that are accessible via mobile devices, such as uploading data, browsing the Service, and accessing features through a mobile application on a tracking device. By using the Mobile Services, you consent to receive communications from Crimson Tech (Odyssey Atlas) and other entities via SMS, MMS, text messages, or other electronic means on your mobile device. Information regarding your Mobile Services usage may be communicated to us. You agree to update your Crimson Tech (Odyssey Atlas) account information promptly to ensure messages are delivered correctly. Failure to update your account information may result in messages being sent to the new owner of your old number.
3.6 Unless explicitly permitted, you agree not to engage in any commercial activities such as exploiting, reproducing, copying, modifying, selling, transferring, or uploading any part of the Service for business purposes. Your utilization of the Service is governed by this Terms of Service (TOS), which establishes the terms of your association with Crimson Tech (Odyssey Atlas), overriding any prior agreements regarding the same matter.
3.7 By using the Service and Hardware, you acknowledge and accept that this TOS forms a legally binding agreement between you and Crimson Tech (Odyssey Atlas), regulating your usage of the Service and Hardware, regardless of its electronic nature and absence of physical signatures. This TOS supersedes any previous agreements between you and Crimson Tech (Odyssey Atlas) pertaining to the subject matter.
4. Payment and Service Renewal
In order to access certain features of the Service, Hardware, or any related components that are available for a fee, you will need to renew your service subscription through an annual plan. It is important to acknowledge that the GPS tracking service is provided to you based on a contractual agreement. If you decide to discontinue or cancel your subscription, you willingly relinquish your access to the software and authorize Crimson Tech (Odyssey Atlas) to remove the tracking hardware from your vehicle as outlined in section 2.1 of this TOS. You agree to make payment to Crimson Tech (Odyssey Atlas) as specified in the payment plan and in accordance with the terms stated in this TOS. If your payment plan involves periodic subscription payments, you hereby authorize Crimson Tech (Odyssey Atlas) to charge your
designated payment method in advance, as per the terms outlined in the applicable payment plan, until you terminate your account. Furthermore, you agree to settle any charges incurred. Please note that we reserve the right to modify prices at our discretion. In the event that Crimson Tech (Odyssey Atlas) decides to adjust prices, we will notify you of the change either through the Site or via email, at our discretion, at least 30 days prior to the implementation of the new prices. Your continued use of the Service following the effective date of the price change signifies your acceptance of the modified amount. Please note that you are solely responsible for any charges or fees that may be payable to third parties in connection with the use of the Service, and this responsibility does not fall on Crimson Tech (Odyssey Atlas) or the Partner Mobile Network Operator.
5. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services
available. The Services may not be used in connection with any commercial endeavours except those
that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a
collection, compilation, database, or directory without written permission from us.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the
software comprising or in any way making up a part of the Services.
You have the option to terminate your account at any time, following the procedures outlined on
the Site. Crimson Tech (Odyssey Atlas) retains the right to
8. Disclaimer of Warranties
The hardware provided by Crimson Tech (Odyssey Atlas) is accompanied by a limited warranty. The Service, including the Site, content, and any data or information provided by the hardware, software, or service, as well as all server and network components, are provided on an “as is” and “as available” basis. Crimson Tech (Odyssey Atlas) explicitly disclaims all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, quality, accuracy, timeliness, completeness, correctness, or reliability. Crimson Tech (Odyssey Atlas) makes no guarantee that: (i) the Service or hardware will meet your specific requirements, (ii) the Service or hardware will be uninterrupted, timely, secure, free from viruses or errors, (iii) the results obtained from using the Service or hardware, such as vehicle error code analysis, will be accurate or reliable, or (iv) the quality of any services, information, or other materials obtained through the Service will meet your expectations. Any information, advice, or services obtained from Crimson Tech (Odyssey Atlas) or through the Service do not create any warranty not explicitly stated in this agreement.
Under no circumstances, based on any legal theory (whether in contract, tort, or otherwise), shall Crimson Tech (Odyssey Atlas) be liable to you or any third party for: (a) any indirect, incidental, special, exemplary, consequential, or punitive damages, including lost profits, breach of privacy, lost sales or business, lost data, or business interruption, (b) any injuries to persons or damage to property related to your use of the Service or hardware, including but not limited to injuries or damages resulting from the use of fault notification services or the installation, repair, or maintenance of the hardware, or (c) any direct damages, costs, losses, or liabilities exceeding the actual service fees paid by you. The provisions in this section allocate the risks between the parties under this agreement, and both parties have considered these limitations when deciding to enter into this agreement.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware
You are not allowed to transfer or assign this TOS without obtaining prior written consent from Crimson Tech (Odyssey Atlas). However, Crimson Tech (Odyssey Atlas) has the right to assign or transfer this TOS, either in whole or in part, without any restrictions.
11. Governing Law
The laws of the Republic of Ghana shall govern this TOS, regardless of any conflicting legal principles. Unless Crimson Tech (Odyssey Atlas) elects otherwise in a specific case, you explicitly agree to submit to the exclusive jurisdiction of the courts in the Republic of Ghana to settle any disputes relating to your use of or access to the Service or Hardware.