App general contract conditions

GENERAL CONTRACT CONDITIONS FOR THE USE OF THE APP “TRACKTING”

1. General

1.1. These General Conditions govern the use of the App “Trackting”, licensed by TRACKTING srl with registered office in Via Borgognina, 5-61030 Cartoceto (PU) – CF – VAT no. 02036680417 which detains all exploitation rights and liabilities.

1.2. These General Conditions govern the conditions granting the use of the App “TRACKTING” free of charge to the User, who declares to be aware of and to fully accept the conditions foreseen by this document (hereafter denominated the “Contract”). After installing the App TRACKTING”, in order enjoy the Service provided by TRACKTING srl through this App, it is necessary to complete the registration  procedure following the instructions offered by the app itself. We invite you to read and fully accept the General Conditions, available both on the app and on the Website http://www.trakcting.com (hereafter denominated the “Website”), where you can also find additional information on the Service.  We also invite you to read and to give consent to our Privacy Policy on how we process your Personal Data, equally published on the Website. Failure to accept our General Conditions and/or our Privacy Policy will invalidate the use of the App “TRACKTING”.

2. Installation.

The App “TRACKING” can be installed via:
– Download from App Store
– Download from Google Play

3. Who Can Download the App “TRACKTING”

All those who are interested in the safety of their vehicle and, in case of “theft”, in tracing it by locating its travel direction.

4. Features and Operation

4.1 “TRACKTING” is an innovative App that allows you to geo-locate your vehicle via a GPS system called “TRACKER” fixed on your vehicle.

4.2 To be able to use the App “TRACKTING” the User needs to:
– download the App “TRACKTING” referred to in this Contract,
– Purchase the “TRACKER” and the “TAG” keychain kit.
– Follow the instructions found in the kit and on the App.itself
– Be sure to install the App “TRACKTING” on a device that is always connected to the Internet;
– Keep the “TRACKER” and “TAG” batteries sufficiently charged

4.3 After completing the installation of the App “TRACKTING” on the device, (according to the procedures described in point 2), and after having paired the App with the “TRACKER” fixed on the vehicle (see point 7), the User:

• Is notified of unauthorized travel by his vehicle, on account of a subject not in possession of the TAG keychain.

The TRACKTING App enters into “alarm” mode and notifies the User of unauthorized movement by his vehicle. When the App goes into “alarm” the User can follow the travel direction of his vehicle. The geolocation system will start sending, at regular intervals, notifications of the vehicle’s GPS coordinates allowing the User to follow its route in order to facilitate its recovery. The alarm mode is deactivated exclusively by approaching the keychain TAG to the vehicle.

• View the last parking location of your vehicle

The User in possession of the TAG keychain will be able to access the App on his device and view his last parking location. The user will receive notification after the parking location has been registered.

•  Show the TRACKER and TAG keychain battery charge status.

The User will be notified when the battery level of the TRACKER and the TAG keychain is low, allowing the User to keep the batteries charged, so to manage a potential alarm situation.

Note: a prolonged alarm mode determines a shorter battery life (see sub-section 11.4)

4.4 The TRACKTING service operates using a SIM, which is embedded in the TRACKER made by TRACKTING srl, that connects the TRACKER to the internet. In order for the system to operate (receive notifications and display the mapping of the vehicle’s direction) a dual connection to the internet is required:
– one for the device that supports the App
– the other for the TRACKER, via the previously mentioned embedded SIM.

5. Service Costs

5.1 The use of the App TRACKTING is free of charge and does not involve any other cost than those foreseen in the following points 5.2 and 5.3.

5.2 Please note that the connectivity costs for the User’s device are not included with the activation of the App TRACKTING. In particular, all data and voice traffic spent for using the Service will draw upon the voice and data service activated for the customary use of the device and will be charged by the User’s Internet/Voice provider, according to his subscription plan. In any case, all expenditures related to connection will be due to the relevant mobile service provider, and no intermediation or additional costs are due to TRACKTING srl who is in no way responsible for the aforementioned connection costs, nor for the provision and operation of the voice and / or data connectivity service.

5.3 The use of the TRACKTING service is free.

Even in the denied hypothesis in which the mobile service operator, for a legitimate reason (serious economic crisis, bankruptcy, etc.) is no longer able to provide the service on the agreed terms, TRACKTING srl undertakes to guarantee the enjoyment free of charge for the first three years starting from the activation date.

Starting from the fourth year, and only in the event in which  TRACKTING srl is unable to find another operator able to enable the service at the same conditions, the User will have to pay a maximum monthly payment of € 2.99.

6. How to Use the App TRACKTING and Compatibles.

6.1 It will be possible for the User to use the App TRACKTING only after completing the installation and  registration of his name, surname and email address, after accepting the General Contract Conditions for the use of the App TRACKTING and after reading and releasing his consent to the Privacy Policy on how his Personal Data is used.

6.2 A general description of the App TRACKTING and its features can be either read in the General Contract Conditions, downloaded from the Website or accessed via the App TRACKTING itself.

6.3 To be able to use the Service you must have a device compatible with the following mobile operating systems:
– Android 45.1 and later;
– iOS 9.0 and later;

The list of compatible operating systems may be updated by TRACKTING srl and at its discretion. With the installation of the App TRACKTING, the User confirms that he is aware of the list of compatible operating systems and that his device is strictly compliant.

6.4 TRACKTING srl assumes no responsibility, unless mandatory by law, and cannot guarantee the Service if the User uses a device incompatible with the previously described operating system requirements or if the use of the device is in contrast with the recommendations provided by the manufacturer.

7 How to Use the TRACKTING System

7.1 Once the App TRACKTING has been installed on your mobile phone you must pair it with the TRACKER following the instructions provided by the App itself.

7.2 The TRACKER must be correctly fixed on the vehicle according to the instructions contained in the installation manual.

7.3 The User must monitor the battery level of the TRACKER and TAG Keychain and keep them sufficiently charged.

8. Right of withdrawal

8.1 TRACKTING srl may withdraw from the contract, at its sole discretion, giving previous notice to the User electronically, at least 30 (thirty) days before the date of effect, by sending an email to the address the User indicated during registration.

8.2 Without prejudice to the provisions of Art. 8.1, the following constitutes, however, just cause for withdrawal:

• The “improper” use of the system involving the transition into “alarm” mode for more than 3 times a month or for a total monthly time exceeding 10 hours.

9. Complaints

9.1 Any complaint can be sent to the following address: Via Borgognina 5, 61030 Cartoceto (PU) Italy, or, via email at [email protected], entering “complaint” in the object field.

10. Force Majeure

10.1 TRACKTING srl cannot be held responsible and will be relieved of any contractual obligation in relation to the  Service and will not be required to pay any compensation for causes not imputable to TRACKTING srl or events of force majeure preventing the fulfillment of his obligations, such as, but not limited to, riots, insurrections, social unrest, telephone or computer breakdowns or serious damage to the security and operation of the Internet, strikes and impossibilities or serious supply difficulties (even temporary) related to Services or materials.

11. Operation and Connectivity Liability Limitations.

11.1 TRACKTING srl reserves the right to change, limit or cease the features and functions of the App at any time.

11.2 TRACKTING srl undertakes to offer and provide the Service free of technical faults; however, any use of the App TRACKTING  and of the Service may be suspended or interrupted at any time due to maintenance or other problems, or to malfunctions related to the Service, the Internet or Internet or Telephone connectivity service provided by the operator chosen by the User or by the operator hooked up by the TRACKER or any operator that enables or manages the connectivity network or the Service. In these cases, should these cause a malfunction, suspension or interruption of the App TRACKTING or the Service, or even a loss of data, TRACKTING srl assumes no responsibility, except when mandatory by Law, in relation to the availability and continuity of the App and of the Service, the absence of technical failures or loss of data.

11.3 In no event TRACKTING srl will be liable for service interruptions resulting from the disposal of the mobile network technology in use to which the embedded SIM card connects free of charge.

11.4 Under no circumstances can TRACKTING srl be held responsible for the malfunctioning, suspension and / or interruption of the service due to the negligence of the User concerning the TRACKER and TAG keychain battery recharging operation (see subsections 4.3 and 7.3).

11.5 Under no circumstances can TRACKTING srl be held responsible for battery life dependent malfunction, suspension and / or interruption of the service. The User is the sole responsible for an appropriate battery charge.

11.6 Without prejudice to mandatory legal provisions, in no case, TRACKTING srl can be held responsible for damages, or other, deriving from the User, for the provision of the Service, except for fraud or gross negligence.

12. Spying and Illicit Use Liability Limitations

It is forbidden to use the system for purposes other than those described (see sub-section 3). THE SOFTWARE HAS BEEN DESIGNED FOR LEGAL USE ONLY. The use of the software – therefore of the TRACKER – such as the Licensed Software, on a motorcycle or any other vehicle the User does not have the right to monitor, is a violation of Law. The User assumes full responsibility for establishing 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 if the User decides to monitor a vehicle illicitly. Likewise, TRACKTING srl is not in any way required to provide legal advice concerning the use of the Licensed Software.

13. Improper Use Liability Limitations

13.1 “Theft” being excluded, “improper use” refers to a usage of the system that causes its transition into “alarm” mode for more than 3 times a month or for a total monthly time exceeding 10 hours.

13.2 In the event of improper and / or unlawful use of the system by the user or third parties (see sub-section 12.2), TRACKTING srl reserves the right to terminate the service without prior notice.

14. Liability Limitations in the Event of Theft

14.1. TRACKTING srl can in no way be held responsible for theft.

14.2 By way of example and not limited to, TRACKTING srl will not be responsible for theft resulting from a communication failure between the TRACKER and the App, for example due to tampering, destruction, vandalism, or caused voluntarily and / or obtained by fraudulent means, such as the use of ad hoc-designed devices such as  “Jammer”, etc.

15 Service Suspension

15.1 Being free of charge, see sub 5 ” Service Costs” (see 5.1., 5.2 and .5.3), TRACKTING srl reserves the right to suspend the Service in case of non-use of the device protracted for over a year.

The User will receive a Service Suspension notification by e-mail message.

The User wishing to reactivate the service will have to send notification to the following email address: [email protected].

16. Dispute Settlements

16.1 The General Contract Conditions apply the provisions of the Legislative Decree n. 206 of 6 September, 2005, (in particular the provisions on distance contracts: see Articles 50 to 61) and Legislative Decree nr. 70 of 9 April 2003 on e-commerce and, in any case, the more favorable provisions in force in the Member State in which the User has its residence/domicile.

16.2 TRACKTING srl may update the General Contract Conditions at any time such as, by way of example and not limited to, for the purposes of adjusting to new law standards or to modified features. The General Conditions in force are always available on the Website. If the User does not accept the General Conditions as amended, he / she will no longer be able to use the Service.

16.3 For any disputes relating to this contract, the competent Judge is the one acting in the jurisdiction where the User established residence or domicile in a member state (so-called consumer forum pursuant to Regulation 44/2001 / EC).

17. Use, Prohibition and Modification of TRACKTING srl Intellectual Property Rights

17.1 TRACKTING srl detains all rights connected to the ownership of its trademarks and distinctive signs, all copyrights and other rights related to the App TRACKTING, to the Service and its contents, information, images, videos and databases contained therein, except for logos, images, videos and databases of public domain. Modification, reproduction, publication and transfer to third parties or for other uses of the intellectual property of TRACKTING srl without prior written consent of the same, are expressly prohibited.

17.2 The User does not acquire any rights in relation to the App TRACKTING other than for its use on his device.

17.3 For the effect the User cannot grant usage rights, assign or transfer licenses in relation to this application.

17.4 TRACKTING srl reserves the right to modify the contents of the App TRACKTING at any time.

17.5 TRACKTING srl reserves the right to modify, add or delete part of the General Contract Conditions, notifying the User of the update by dedicated message, requesting again that they should be expressly accepted.

17.6 The User is required to periodically check the General Contract Conditions on the Site to verify possible changes.

17.7 In any case, the use of the App TRACKTING and of the Service implies acceptance of the changes that take place over time.

17.8 If the User does not accept the changes, he can cancel his / her account at any time by sending an email to “[email protected]”, provided that the use of the App TRACKTING and its functionalities imply the acceptance of the new Contract Conditions.

18. System Use and Security

18.1 It is forbidden to violate or attempt to violate the safety measures of the TRACKTING system, and 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 an account for which the User is not authorized;
– disclose a password or allow third parties to use a password or omit to communicate when a password is fraudulent;
– attempt to / or steal, examine or test the vulnerability of the system or network or 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”;

18.2 The User agrees to use the app or service exclusively for lawful purposes, and only for his own personal use.

19. Indemnity

19.1 The User agrees to indemnify TRACKTING srl from and against any claim, pretense, damage, cost and expense, including legal fees, arising from or related to improper, illegitimate and / or illegal use of the App or Service by the User himself or a third party.

20. Personal Data Protection

20.1 For information on how Personal Data is processed, please read carefully the Privacy Policy on how we process your Personal Data, to be downloaded together with the General Contract Conditions available at trackting.com. Please note that the installation of the App TRACKTING and the consequent registration imply the automatic acceptance of the General Contract Conditions and the consent to the processing of personal data.

LAST MODIFICATION: NOVEMBER 21st 2018