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FLEET - App License

SOFTWARE LICENSE AGREEMENT FOR THE USE OF THE TRACKTING FLEET PLATFORM

1. General
1.1. These General Conditions govern the use of the TRACKTING FLEET platform, licensed by TRACKTING srl with registered office in Via Borgognina, 5 – 61030 Cartoceto (PU) – C.F. – VAT no. 02036680417 which holds all exploitation rights and use responsibilities.

1.2. These General Conditions regulate the conditions under which the use of the TRACKTING FLEET platform is granted free of charge to the User who uses it through the web portal and mobile app, who declares to know and fully accept all the conditions set out in this document (in followed by the “Agreement”). In order to use the service provided by TRACKTING srl, it is necessary to register by following the guided procedure within the app or web portal. We invite you to read and fully accept these General Conditions available both within the app and on the site http://www.trackting.com/fleet/ (hereinafter the “Site”), where you can also find further information on the Service, as well as to read the information on the processing of personal data, also published on the Site and to provide consent. Without the acceptance of these General Conditions and without the release of consent to the processing, it will not be possible to use the TRACKTING FLEET platform.

2. Installation.
TRACKTING FLEET can be used via:
– Web portal, via browser, does not require installation
– TRACKTING FLEET mobile app, requires installation

The installation of the TRACKTING FLEET app can be performed:

Downloading it from the App Store;
Downloading it from Google Play;

3. Who can use TRACKTING FLEET
All those who are interested in the safety of their vehicle or fleet, allowing, locating and following the movements of their vehicle even in the event of “theft”.

4. Functionality and Operation of the Service.
4.1 TRACKTING FLEET is an innovative platform that allows you to geolocate your electric vehicle using the TRACKER GPS system provided by TRACKTING s.r.l. and installed on it.

4.2 Obligations of the user for the correct use of the TRACKTING FLEET service:
It is necessary that the user:
• Purchase the GPS TRACKER
• Download the TRACKTING FLEET app or use the fleet.trackting.com web portal, referred to in these license conditions.
• Follow the advantage instructions in the product packaging and within the app or portal themselves.
• Associate the TRACKER GPS Device to the App or to the web portal by means of its UID (unique identifier).
• Ensure the internet connection of your smartphone where the TRACKTING FLEET app is installed.
• Maintain adequate battery levels in your vehicle, as the GPS TRACKER must be connected to the vehicle’s electrical system.
• Maintain adequate battery charge levels of the GPS TRACKER, more properly “buffer battery”, designed to compensate for any temporary interruptions of the main power supply.
The backup battery recharges automatically when the vehicle’s main power supply is present.
TRACKTING FLEET to work requires the backup battery to be charged: its charge status is visible from the App and the web portal.
4.3 Completed the installation of the TRACKTING FLEET app on your device, or using the web portal (following the procedures referred to in point 2), and after having associated the app with the TRACKER GPS device (following the instructions referred to in point 7 ), the User:

• You can view and set the system status directly from the App. In fact, there is a “padlock” that can be opened or closed.
A) When the lock on the app is set> OPEN.
• If the vehicle is in motion, the device activates and starts tracking its movements every 30 seconds.
• The regularity of the tracking time intervals depends on the availability of the network
GSM.
• The consumption of the “buffer battery” is strictly correlated to the times of use / distance
traveled by the vehicle.
• If the vehicle is stationary, the device goes “in standby” with the return to “low consumption” of the
device battery.

B) When the lock on the app is set> CLOSED (anti-theft mode)
• If the vehicle goes from quiet to motion, the device activates and goes into “alarm” mode, starting the tracking of the vehicle at regular intervals of about 30 seconds.
• The regularity of the tracking time intervals depends on the availability of the GSM network.
• The consumption of the “buffer battery” is strictly correlated to the times of use / distance traveled by the vehicle.
• The system automatically makes a phone call to the owner who will be informed of the “unauthorized” move.
• The geolocation system will determine when the padlock is in> CLOSED mode, sending, at regular intervals, GPS coordinates allowing the user to know the
last positions of the vehicle, making it possible to track it and thus making it easier to find it.
• The alarm state ends when the owner opens the app and sets the lock back to “Open” mode.
• Knows the state of charge of the GPS TRACKER’s backup battery.
• It is warned, through appropriate notifications, when the level of the backup battery of the GPS TRACKER is low so as to allow to maintain a battery level sufficient to manage a potential alarm situation.

N.B. the prolonged alarm status determines a shorter battery life (see sub. 11.4)

4.4 The operation of the TRACKTING FLEET service is guaranteed by the use of a SIM contained within the GPS TRACKER which allows the GPS TRACKER to connect to the Internet.

A necessary condition for the system to function (receive phone calls, notifications and view the mapping of vehicle movements) is therefore the dual connection to the Internet:

• of the device from which the app is accessed.
• of the GPS TRACKER by means of the aforementioned SIM.

5. Costs of the service
5.1 The use of the app and the TRACKTING FLEET portal is always free.

5.2 The use of the “service”, meaning by “service”, by way of example and not limited to, the SIM present on the GPS TRACKER device, the related data traffic, the storage of data in the cloud (…), has a cost that can be monthly, yearly or in the “pay-as-you-go” formula or use the device.

5.3 In the event that the telephone operator, for any legitimate reason (such as, by way of example and not limited to serious economic crisis, bankruptcy, change of technology that involves the change “in pejus” of the current contractual conditions between TRACKTING srl and the operator telephone etc.) is no longer able to provide the service under the conditions agreed with TRACKTING srl, the latter reserves the right to unilaterally withdraw from the contract.

5.4 The activation of the service coincides with the first association of the TRACKER GPS device with the app.

5.5 The service is subject to a fee.
For costs and payment methods, please refer to the conditions present in the App or the TRACKTING FLEET web portal. Payment must be made online in the manner indicated in the app or web portal. The relative invoice / receipt will be issued to the buyer / user.

5.6 The service includes n. 5 monthly telephone calls to alert the user in the event of improper movement of their vehicle.

5.7 The use of TRACKTING FLEET does not involve any other cost except as indicated in point 5.8 below.

5.8 Please note that the costs related to the telephone connectivity of your Smartphone are not included in the activation and use of the TRACKTING FLEET app. In particular, the costs of connectivity or voice traffic for the use of the Service will derive from the telephone traffic and / or data generated by the use of the same and for them will be applied by the operator of the telephony and / or Internet services as provided for by the User’s tariff plan. In any case, the connection costs will be paid to the relevant operator, without any intermediation or additional costs on the part of TRACKTING srl is in no way responsible for the aforementioned connection costs, nor for the provision and operation of the voice connectivity service and / or data.

6. How to use the TRACKTING FLEET app and compatible devices.
6.1 The use of the app or the TRACKTING FLEET portal will be possible only after the installation of the same, the registration by communicating the name, surname and email address, the prior acceptance of the General Contract Conditions for the use of the TRACKTING app. FLEET, the reading and consequent release of consent in relation to the information on the processing of personal data by the User.

6.2 The description of the functionality of the TRACKTING FLEET app or portal, as well as in these General Terms and Conditions, can be found and downloaded from the Site, or can also be reached via the FLEET app.

6.3 In order to use the Service it is necessary to have an apparatus / device compatible with the following mobile operating systems:

– Android 9 and later;
– IOS 12.0 or later;

The updating of the list of compatible operating systems may be carried out by TRACKTING srl and at its discretion. By installing the TRACKTING FLEET app, the User confirms that he has read the list of compatible operating systems and strictly adheres to it.

6.4 TRACKTING srl assumes no responsibility, except where established by mandatory provisions of the law, and cannot guarantee the

a correct provision of the Service in the event that the User does not use equipment / devices compatible with the operating systems described above or uses them in contrast with the recommendations for use provided by the respective manufacturer.

6.5 TRACKTING srl assumes no responsibility, except where established by mandatory provisions of law and cannot guarantee the correct provision of the Service in the event that the App, or some of its functions, (e.g. push notifications) do not work due to conflicts with other Apps installed on the customer’s device or due to customizations of the operating system made by the phone manufacturer or by the user himself

7. How to use the TRACKTING FLEET system.
7.1 Once the TRACKTING FLEET app has been installed on your mobile phone, or using it via the web portal, it is necessary to associate the GPS TRACKER to it by following the guide-route on the site at trackting.com/start-fleet (Please refer to the functionality of the open or closed padlock at point 4 of this user license).

7.2 The GPS TRACKER must be correctly positioned on the vehicle by following the instructions contained in the guide on the website at trackting.com/start-fleet.

7.3 The user must monitor the level of the GPS TRACKER buffer battery and keep it charged. (Please refer to point 4 of this license for the functionality of the open or closed padlock).

7.4 The user must set, from the App or the web portal, the system status using the “padlock” which can be opened or closed. (Please refer to point 4 of this license for the functionality of the open or closed padlock).

8. Right of withdrawal
8.1 TRACKTING srl may withdraw from the contract, at its sole discretion, by informing the User electronically, with a notice of at least 30 (thirty) days before the date by which the withdrawal will be executed, by sending an MAIL to the e-mail address indicated by the User during registration.

8.2 Without prejudice to what is specified in art. 8.1, however, constitutes just cause for withdrawal:

The “improper” use of the system that involves switching to “alarm” mode for more than 5 times a month or for a total monthly time exceeding 50 hours.

9. Complaints
9.1 Any complaints can be sent to the following address: TRACKTING srl Via Borgognina 5, 61030 Cartoceto (PU) Italy, or, via email to support@trackting.com, inserting “complaint” in the subject of the communication.

10. Causes of force majeure
10.1 TRACKTING srl cannot be held responsible and will be relieved of any contractual obligation to do or provide the Service and will not be required to pay any indemnity in the event of causes not attributable to TRACKTING srl or force majeure events that prevent the fulfillment of obligations imposed on him such as, but not limited to, riots, uprisings, social unrest, telephone or computer breakdowns or serious damage to the security and operation of the internet, strikes and impossibility or serious difficulty in supplying (even temporary) the Service or of materials.

11. Limitation of liability: on the operation of the app, connectivity, battery life and vehicle operation.
11.1 TRACKTING srl reserves the right to modify, limit or terminate the entity and functionality of the app and / or app. at any time.

11.2 TRACKTING srl undertakes to offer and provide the Service without technical failures; however, any use of the TRACKTING FLEET app and the Service may be suspended or interrupted at any time due to maintenance work or other problems relating to the cloud infrastructure, malfunctions of the Service or of the operator’s Internet or telephone connectivity. chosen by the User or of the Internet or telephone connectivity of the operator hooked up by the GPS TRACKER or of the providers who guarantee or manage the network or the Service. If this could cause a malfunction of the TRACKTING FLEET app or the Service or the web portal, suspension or interruption of the same, or the loss of data, TRACKTING srl assumes no responsibility, except for the mandatory provisions of law, for the availability and continuity of the app and the Service, the absence of technical failures or the loss of data.

11.3 In no case TRACKTING srl will be responsible for the interruption of the service resulting from the disposal of the technology used by the cellular network to which the SIM provided by the company is connected.

11.4 In no case TRACKTING srl can be held responsible for the malfunction, suspension and / or interruption of the service due to the User’s negligence in the recharging operation of the GPS TRACKER (see sub. 4.3 and 7.3).

11.5 In no case TRACKTING srl will be able to e

be held responsible for the malfunctioning, suspension and / or interruption of the service depending on the duration of the “buffer battery”. The operation of the system is guaranteed by the charging levels of the vehicle to which the device is connected. Only the correct maintenance of the vehicle charging levels by the user guarantees the functioning of the system.
The battery of the GPS Tracker is only “buffer” and cannot in any way be considered as a guarantee of the functioning of the device which depends exclusively on the good state of maintenance of the vehicle battery and on the maintenance of the charging levels useful for the purpose.

11.6 Under no circumstances shall TRACKTING srl be held responsible for the malfunction and / or damage of components of the electric vehicle resulting from the incorrect installation of the GPS TRACKER on the vehicle.
The user / user therefore indemnifies TRACKTING srl from any liability arising from the improper installation of the GPS TRACKER on the vehicle.
In no way can TRACKTING srl be held responsible for any invalidation of the vehicle warranty and / or its components due to malfunctions and / or damage resulting from incorrect and / or inadequate installation of the device on the vehicle.

12. Limitation of Liability for Illicit Activities and Espionage.
It is forbidden to use the system for purposes other than those described (see sub. 4). THE SOFTWARE HAS BEEN DESIGNED EXCLUSIVELY FOR A LEGAL USE. The use of the software – therefore the GPS TRACKER – such as the Licensed Software, on a vehicle that you do not have the right to monitor, represents a violation of the law. The User assumes full responsibility for determining whether or not he has the right to monitor the vehicle on which he intends to operate the Licensed Software. TRACKTING srl cannot be held responsible in the event that a User decides to monitor a device for which the User himself does not have the right to be monitored. Likewise, TRACKTING srl is not required in any way to provide legal advice regarding the use of the Licensed Software.

13. Limitation of liability in case of theft
13.1. No responsibility can be attributed to TRACKTING srl in case of theft of the vehicle.

13.2 By way of example and not limited to, TRACKTING srl will not be responsible for theft resulting from the failure of the GPS TRACKER to communicate with the app or with the web portal, for example due to tampering, destruction, perpetration of vandalism, or caused by voluntary shielding effect and / or carried out with fraudulent means of the system, that is, caused by the communication disturbance through the use of ad hoc devices designed such as eg. “Jammer”.

14. Suspension of service.
14.1 TRACKTING srl reserves the right to suspend the service by unquestionably deactivating the SIM in the following cases:
– After 12 consecutive months of non-use of the TRACKER GPS device, i.e. the vehicle to which the device is associated is not used or the GPS TRACKER itself is disconnected from the vehicle.

The User will be notified with an e-mail message of the suspension.

15. Settlement of disputes.
15.1 The provisions of Legislative Decree no. 6 September 2005 n. 206, (in particular the provisions on distance contracts: see articles from 50 to 61) and by Legislative Decree 9 April 2003 n. 70 on electronic commerce.

15.2 TRACKTING srl may adapt these General Contract Conditions at any time, for example by way of non-exhaustive example, for the purpose of adapting to the law or adapting to modified functions. The valid General Conditions can in any case be consulted on the Site. If the User does not accept the amended General Conditions, he will no longer be able to use the Service.

15.3 For any dispute concerning this contract, the court of the place of residence or domicile of the User located in Italian territory is competent.
These Conditions are governed by Italian law.

16. Intellectual property rights of TRACKTING srl, of use and prohibition of modification.
16.1 TRACKTING srl holds all rights on trademarks and distinctive signs of its ownership, all copyrights and all other rights relating to the TRACKTING FLEET app and its web portal, to the Service and to the contents, information, images, videos and databases contained therein, except for those logos, images, videos and databases in the public domain. The modification, reproduction, publication and transfer to third parties or other uses of the intellectual property of TRACKTING srl without the prior written consent of the same are expressly prohibited.

16.2 The User does not acquire any rights in relation to the modification, reproduction, publication and transfer to third parties or other uses of the TRACKTING FLEET app application other than to use it on your device.

16.3 For the effect, the User cannot grant rights of use, assign or transfer licenses in relation to this application.

16.4 TRACKTING srl reserves the right to change the contents of the TRACKTING FLEET app at any time.

16.5 TRACKTING srl reserves the right to modify, add or delete part of these terms and conditions, by informing the User through a specific message, or by asking again for them to be expressly accepted.

16.6 The User is required to periodically check these terms and conditions on the Site to make sure of any changes that have occurred.

16.7 In any case, the use of the TRACKTING FLEET app and the Service implies acceptance of the changes that have occurred in the meantime.

16.8 If the changes are not accepted, the User can cancel his account at any time by sending an email to “support@trackting.com”, it being understood that the continued use of the TRACKTING FLEET app and its functionality implies acceptance of the new terms and conditions.

17. Use of the system and security
17.1 It is forbidden to violate or attempt to violate the security measures of the TRACKTING FLEET system, as well as, in particular:

• use a false password or one belonging to another user or access data not intended for the User or access a server or account for which the User is not authorized;

• disclose a password or allow third parties to use a password or fail to communicate when a password is fraudulent;

• attempting to / or steal, examine or test the vulnerability of the system or network or to violate security or authentication measures;

• attempt to / or interfere with the service, host or network, including, without limitation, by means of “denial of service”, “overloading”, “flooding”, “mail bombing” or “crashing”;

17.2 The User agrees to use the app or service only for lawful purposes, and only for their own personal use.

18. Indemnity
18.1 The User agrees to indemnify and hold TRACKTING srl harmless from and against any claim, claim, damage, cost and expense, including legal fees, deriving from or connected to the improper, illegitimate and / or illegal use of the app or service by the User himself or by third parties.

18.2 The user indemnifies TRACKTING srl from any liability arising from the improper installation of the GPS TRACKER on the vehicle.
In no way can TRACKTING srl be held responsible for any invalidation of the vehicle warranty and / or its components due to malfunctions and / or damage resulting from incorrect and / or inadequate installation of the device on the vehicle.

19. Protection of personal data
19.1 For information on the processing of the User’s personal data, please carefully read the information on the processing of personal data, downloaded together with these General Terms and Conditions and in any case available on the website www.trackting.com/fleet. Please note that the installation of the TRACKTING FLEET app and the consequent registration involve the automatic acceptance of the General Contract Conditions and consent to the processing of personal data.

LAST MODIFICATION DATE: 10.01.2022