Golioth Location Terms of Use

Last Updated Date: February 19, 2025

These Supplemental Terms of Use (“Supplemental Terms”) are entered into by and between Golioth, Inc. (“Golioth,” “we,” or “us”) and the entity or individual accepting these terms (“Customer”, “you” or “your”) and govern your access to and use of Golioth Location (“Golioth Location”), which use Qualcomm Aware Positioning Services (“QAPS”) provided by Skyhook, Inc. (“Skyhook”). These Supplemental Terms are incorporated into and supplement the Golioth Terms of Use (the “General Terms”), and together form the complete agreement between the parties regarding your use of Golioth Location. Any capitalized terms not defined herein shall have the meaning set forth in the General Terms. In the event of a conflict between these Supplemental Terms and the General Terms, these Supplemental Terms shall control with respect to Golioth Location.

By accessing, using, or integrating Golioth Location, you agree to these Supplemental Terms, the General Terms, and the Golioth Location Privacy Policy. If you do not agree, you may not use Golioth Location.

For more details about QAPS, please visit here.

1. Golioth Location Service Description and Pricing

1.1 Services Description. Golioth Location is a geolocation service that allows customers to determine the approximate location of IoT devices using QAPS, which is Qualcomm’s terrestrial positioning service offered through its subsidiary, Skyhook. Golioth Location provides on-demand geolocation lookup using cellular and Wi-Fi positioning via QAPS. Customers may track Golioth Location usage within the Golioth console.

1.2 Eligibility and Access. Golioth Location is available only to customers on a paid Golioth Service tier or via a Location service add-on otherwise made available through the Services. Customers must integrate Golioth Location via Golioth’s API. More information about the Golioth Location integration is available on Golioth’s docs site.

1.3 Pricing. Golioth Location operates on a per-request basis, with pricing tied to usage volume. Each customer may be allocated a monthly request quota based on their plan, and overage fees apply for additional requests beyond the quota. Golioth Location usage is tracked via project and device ID, with customers able to view request metrics in their Golioth dashboard. Billing is based on the actual number of requests made within the billing cycle.

2. Access and Use of Golioth Location

2.1 License Grant. Subject to these Supplemental Terms, Golioth grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use Golioth Location solely in connection with your authorized applications and devices. This license permits you to integrate Golioth Location into your products or services for internal business operations or end-user applications, provided that such use complies with all applicable laws and these Supplemental Terms. All rights not expressly granted in this section are reserved by Golioth and its licensors, including Qualcomm and Skyhook.

2.2 Account Registration. Access to Golioth Location requires a valid Golioth account. You are responsible for maintaining the security of your credentials and ensuring compliance with these Supplemental Terms.

2.3 Acceptable Use. Your use of Golioth Location must strictly comply with these Supplemental Terms and Golioth’s Responsible Use Policy, as well as all applicable laws. Additionally, it is your responsibility to ensure that any end users of your applications or devices that integrate Golioth Location are informed of and comply with these requirements.

3. Ownership and Intellectual Property

3.1 Golioth Ownership. Golioth, its licensors, and its third-party providers, including Qualcomm and Skyhook, own all right, title, and interest in and to Golioth Location, including all software, APIs, SDKs, algorithms, and associated data. No ownership rights are transferred to you.

3.2 Third-Party Components. Golioth Location incorporates third-party technology, including QAPS, to provide geolocation functionality. These third-party services are not developed, owned, or controlled by Golioth, and their availability, accuracy, and performance may change without notice. Golioth makes no representations, warranties, or guarantees regarding the availability, accuracy, security, reliability, or performance of QAPS or any other third-party technology used in Golioth Location. Golioth is not responsible for service interruptions, modifications, or limitations imposed by Qualcomm or other providers. Any changes to QAPS may impact your use of Golioth Location, and Golioth has no obligation to provide alternative solutions. Additionally, Golioth does not provide direct support, maintenance, or remediation services for QAPS-related issues. Any issues with QAPS should be directed to the respective provider. Golioth reserves the right to change, remove, or replace third-party components in Golioth Location at its discretion and without prior notice.

3.3 Customer Data. You retain all ownership rights to any data you provide to Golioth Location, including but not limited to location requests, device information, and other inputs submitted through your use of the service. However, by using Golioth Location, you grant Golioth a non-exclusive, worldwide, royalty-free, sublicensable license to collect, use, store, process, analyze, and derive insights from such data solely for the purpose of operating, maintaining, enhancing, and improving Golioth Location and related services. This includes optimizing service performance, ensuring compliance with applicable agreements, and generating aggregated or anonymized data for analytics and product development.

3.4 Feedback. Any suggestions, improvements, or feedback you provide regarding Golioth Location may be freely used by Golioth, Qualcomm, or Skyhook without any obligation to you.

4. Restrictions

4.1 Use Restrictions. You may not, and shall not permit any third party to:

Modify, adapt, alter, translate, create derivative works of, disassemble, decompile, reverse-engineer, or otherwise attempt to derive the source code of Golioth Location, any underlying technology, or associated third-party services, except to the extent expressly permitted by applicable law.
Sell, sublicense, lease, rent, loan, distribute, or otherwise transfer Golioth Location or any portion thereof to any third party.
Use Golioth Location for time-sharing, service bureau, outsourcing, or managed services purposes.
Combine, integrate, or embed Golioth Location into any unauthorized hardware, software, or technology that is not explicitly approved by Golioth.
Use Golioth Location in any manner that interferes with, disrupts, or damages Golioth’s infrastructure or the networks, servers, or systems used to provide Golioth Location.
Engage in excessive or abusive usage of Golioth Location that degrades or impairs performance for other customers.
Conduct load, performance, stress, security penetration testing, or any other testing that could impact Golioth Location without Golioth’s prior written consent.

4.2 No Illegal Purpose or Misuse. You may not use Golioth Location for:

Tracking, monitoring, or surveillance of individuals without explicit consent or in violation of privacy laws.
Determining employment, creditworthiness, healthcare treatment, or insurance eligibility.
Developing, testing, or deploying spyware, malware, hacking tools, or other malicious software.
Sending spam, phishing messages, or other unsolicited communications.
Facilitating or engaging in fraudulent, deceptive, defamatory, harassing, abusive, obscene, or otherwise unlawful activities.
Creating, distributing, or promoting content that is violent, discriminatory, exploitative, or violates the rights of others.
Any activity that violates applicable laws, regulations, or third-party agreements.

4.3 No Fail-Safe Use. Golioth Location is not designed, manufactured, or intended for use in environments where failure or malfunction could result in death, personal injury, or severe physical or environmental harm, including but not limited to:

Medical devices, life-support systems, emergency response applications.
Autonomous vehicle control, aviation, or air traffic management.
Nuclear power plants, weapons control, or military applications.
Any system requiring real-time location services for personal safety or life-critical decisions.

Golioth, Qualcomm, and Skyhook expressly disclaim any liability arising from such prohibited uses.

4.4 Enforcement & Limitation for Non-Compliance. If Golioth determines, in its sole discretion, that your use of Golioth Location violates these Terms or any applicable law, creates security, privacy, or regulatory risks, or causes harm to Golioth Location, Golioth, Qualcomm, Skyhook, or other users, then Golioth may, with or without prior notice, suspend or terminate your access to Golioth Location, limit specific functionalities of Golioth Location, require corrective actions before restoring access, or pursue legal remedies to prevent further violations.

5. Representations and Warranties

5.1 Mutual Warranties. Each party represents and warrants that it has the legal authority to enter into these Supplemental Terms, and its obligations under these terms do not violate any laws or agreements.

5.2 Customer Warranties. You represent and warrant that: (a) your use of Golioth Location complies with these Supplemental Terms and all applicable laws; (b) you have obtained all necessary consents for any data processed via Golioth Location; and (c) you will not use Golioth Location for any prohibited or unlawful purposes.

5.3 Warranty Disclaimer. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF Golioth Location IS AT YOUR SOLE RISK, AND Golioth Location IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. GOLIOTH, QUALCOMM, AND SKYHOOK, ALONG WITH THEIR RESPECTIVE AFFILIATES, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “Golioth Location PROVIDERS”), EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE Golioth Location PROVIDERS MAKE NO WARRANTY, REPRESENTATION, OR CONDITION THAT: (1) Golioth Location WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF Golioth Location WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF Golioth Location WILL BE ACCURATE OR RELIABLE. ANY DATA, INFORMATION, OR CONTENT OBTAINED THROUGH Golioth Location IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEMS OR LOSS OF DATA RESULTING FROM ACCESS TO OR USE OF Golioth Location. THE Golioth Location PROVIDERS DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCTS, SERVICES, OR DATA ACCESSED THROUGH Golioth Location, INCLUDING THOSE PROVIDED BY QUALCOMM AWARE POSITIONING SERVICES OR SKYHOOK. FROM TIME TO TIME, GOLIOTH MAY OFFER “BETA” FEATURES OR FUNCTIONALITIES WITHIN Golioth Location FOR EXPERIMENTAL PURPOSES. SUCH FEATURES OR FUNCTIONALITIES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND AND MAY BE MODIFIED OR DISCONTINUED AT GOLIOTH’S SOLE DISCRETION. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE Golioth Location PROVIDERS OR THROUGH Golioth Location, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

6. Indemnification. You agree to defend, indemnify, and hold harmless Golioth, Qualcomm, and Skyhook from any claims, damages, or liabilities arising out of: (a) your use of Golioth Location in violation of these Supplemental Terms or any applicable laws; and (b) any claims that data you provided infringes third-party rights. Golioth will provide prompt notice of any claim and allow you to control the defense and settlement, subject to Golioth’s approval.

7. Privacy. Golioth Location processes geolocation data, including device identifiers and location requests, and shares this data with Qualcomm to enable QAPS functionality. By using Golioth Location, you agree to the Golioth Location Privacy Policy. Additionally, you acknowledge and agree that location data will be processed in accordance with Skyhook’s Privacy Policy. Customers using Golioth Location must obtain all necessary consents from end users before collecting, processing, or sharing geolocation data, including: (a) notifying end users that location data will be shared with Golioth and QAPS for positioning services, and including a link to Skyhook’s Privacy Policy; and (b) ensuring compliance with all applicable privacy laws, including GDPR, CCPA, and other relevant regulations in connection with your use of Golioth Location.

8. LIMITATION OF LIABILITY. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL GOLIOTH, QUALCOMM, OR SKYHOOK, OR ANY OF THEIR RESPECTIVE AFFILIATES, LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS (COLLECTIVELY, THE “Golioth Location PROVIDERS”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, REVENUE, BUSINESS, DATA, OR USE, EVEN IF A Golioth Location PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR ACCESS TO OR USE OF Golioth Location, REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE Golioth Location PROVIDERS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF Golioth Location EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO GOLIOTH FOR ACCESS TO Golioth Location IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS ($100). THE FOREGOING LIMITATIONS SHALL NOT APPLY TO LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A Golioth Location PROVIDER’S NEGLIGENCE OR (B) ANY INJURY CAUSED BY A Golioth Location PROVIDER’S FRAUD OR FRAUDULENT MISREPRESENTATION. THE PARTIES AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THEM.

9. Termination

9.1 Termination by Golioth. Golioth may suspend or terminate your access to Golioth Location at any time if you: (a) violate these Supplemental Terms or the General Terms; (b) use Golioth Location for any prohibited purposes; or (c) fail to pay any applicable fees.

9.2 Effect of Termination. Upon termination, you must immediately stop using Golioth Location. Golioth may delete any stored data associated with your account.

10. Additional Terms

10.1 Third-Party Beneficiaries. Qualcomm and Skyhook are express third-party beneficiaries under these Supplemental Terms and may enforce their rights directly.

10.2 Applicability of Golioth Terms of Use. Except as expressly modified by these Supplemental Terms, the Golioth Terms of Use apply mutatis mutandis to Golioth Location, including, without limitation, Sections 2 (Registration), 6 (Excluded Uses), 7 (Interactions with Other Users), 8 (Fees and Subscription Terms), 9 (Third-Party Services), 10 (Confidentiality), 14 (Remedies), 15 (Term and Termination), 16 (International Users), 17 (Dispute Resolution), and 18 (General Provisions). To the extent any of these provisions reference "Services," such references shall include Golioth Location.

10.3 Entire Agreement. These Supplemental Terms, together with the General Terms, constitute the entire agreement regarding Golioth Location.

11. Modifications. Golioth may update these Supplemental Terms at any time in accordance with the General Terms. Your continued use of Golioth Location after such changes constitutes acceptance of the updated terms.

12. Contact Information

If you have questions about these Supplemental Terms, please contact hello@golioth.io.

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