Trackting App Use License

SOFTWARE LICENSE AGREEMENT FOR THE USE OF THE “TRACKING” APP

Preamble

The “Trackting” Application (hereinafter also referred to as the “Application” or “App”) is made and licensed by TRACKTING srl (hereinafter also referred to as the “Licensor”) with registered office in Via Borgognina, 5 – 61030 Cartoceto (PU) – C.F. – P.IVA P.I. 02036680417, a company that makes anti-theft solutions for vehicles.

TRACKTING srl markets its anti-theft solutions through the direct sale of products consisting of an electronic device (“Tracker”), designed to be installed inside your vehicle, and a possible key tag uniquely connected to the Tracker (the set of devices that make up the anti-theft solution will hereinafter be referred to as the “Product” or the “Products”). The App is interconnected with the Products and enables the User to make use of the digital services offered by the Licensor for anti-theft and geolocation of the Tracker to which it is connected (hereinafter also referred to as the “Service” or the “Services”).

The User is invited to carefully read the documentation in relation to the features, functionalities, system requirements and instructions for the installation and use of the Products, the App and the Services, also with respect to any technical and digital updates, as well as the conditions of supply and use of the particular Service requested by the User, made available by the Licensor on its website https://trackting.com (hereinafter the “Site“).

1. Object 

1.1 This licence of use (hereinafter the “Licence”) governs the right of use as well as the terms and conditions of use of the “Trackting” App. The App is licensed by the Licensor, which holds all exploitation rights.

1.2 By installing or using the App in any way, the User of the App (“User”) fully accepts the terms of the Licence and other rules governing the App. Use of the App is subject to the provisions of this Licence, which is concluded solely between User and Licensor and may not be transferred to a third party.

1.3 The licence does not regulate the purchase and terms of use of the Product and the Service, which are specifically governed by the “Terms of Sale” and other terms and conditions of use made available by Licensor on the Site or through the App.

1.4 The use of the functionality of the App is conditional on the possession of the Product, the combination of the App and the Product in the possession of the User, and, if applicable, the payment of the cost of the Services.

1.5 By registering to the App the User declares to have read the documentation with the features, functionality, system requirements and instructions for installation and use of the Products, the App and the Services, also with respect to any technical and digital updates, as well as the conditions of delivery and use of the particular Service requested by the User, made available by the Licensor, for the purposes of compliance requirements.

2. Granting of the Licence

2.1 By downloading the App, Licensor grants User a personal, revocable, non-exclusive, non-transferable, royalty-free licence to use the App on a single smartphone controlled by User, and to access the App and use it on such smartphone in accordance with the terms and conditions of the License. The Licence shall apply to updates or additions to the original App provided by Licensor, unless a separate licence for use is attached to such update, in which case the terms of such licence shall prevail. The only party obliged to provide updates and/or additions to the App is Licensor.

2.2 Use of the App is conditional on registration of the User and combination of the App with the Product in the possession of the User following the guided procedure within the App itself. Licensing of the App does not imply the purchase of Products and provision of Services. The App is interconnected with the Product in the possession of the User and is necessary for the User to use the Services.

2.3 The App may use or include third party services, content and software subject to third party licence terms. You agree that your right to use such third party services, content and software within or in connection with the App is subject to and governed by the terms and conditions of the applicable third party licence. In particular, the App incorporates the “Google Maps” service, provided, operated and licensed by Google LLC, the use of which is governed by the Terms of Service available on the website of the same provider.

3. Installation and Registration

3.1 The App may be installed by downloading it from the Google Play™ store operated by Google LLC (“Google”), for licensed use in combination with or on an Android™ mobile smartphone or other proprietary Android portable software platform operating on a portable wireless device, or from the App Store®, operated by Apple Inc (“Apple”), for licensed use in combination with or on an Apple® mobile smartphone or other proprietary Apple portable software platform operating on a portable wireless device.

3.2 Licensor does not guarantee proper functioning of the App in case the User uses compatible smartphones that do not comply with the minimum technical requirements for the functioning of the App indicated at the time of download from the store, or uses them contrary to the usage recommendations provided by the smartphone manufacturer or Licensor.

3.3 Licensor does not guarantee proper provision of the Services in case the App, or some of its functions, (e.g. push notifications) do not work due to conflicts with other Apps installed on the User’s smartphone or due to customizations of the operating system made by the smartphone manufacturer or the User himself.

3.4 In order to use the App, User must proceed to create an account, through a registration process, and activate the Product in its possession, following the instructions provided through the wizard within the App itself. The Licensor is not obliged to verify the real identity of those who access the App and their actual coincidence with the User and his personal details indicated during the registration process.

4. Conditions for the use of the App and the enjoyment of the Services

4.1 The activation and commencement of the provision of Services takes place with the first pairing up of the Tracker with the App, subject to paragraph 4.2.

4.2 If the User is required to pay a price for the provision of the Services, payment of the price shall be a condition for the provision of the Services. Licensor shall be free not to provide the Services until payment of the price due by the User.

4.3 The necessary conditions for the use of the Services via the App are:

the correct installation of the Tracker inside the vehicle in accordance with the instructions provided by Licensor;

the correct installation of the App on the smartphone of the User and the creation of his/her account as specified by the instructions provided by the Licensor

the Internet connection of the smartphone from which the App is accessed;

the Internet connection of the Tracker;

the adequate level of charge of the smartphone from which the App is accessed, of the Tracker and of the key tag, if any.

4.4 Licensor does not guarantee the proper delivery of Services through the App in case even one of the conditions set out in this Article is not fulfilled.

5. Costs

5.1 Installation of the App on the User’s smartphone is always free of charge.

5.2 The cost of providing Services depends on the Product in the possession of the User and the specific Service requested.

For details of the costs, their amount, and the methods of payment for the Services, where applicable, please refer to the terms and conditions on the pages of the Site.

5.3 Please note that the costs related to the telephone connectivity of the User’s smartphone are not included in the installation and use of the App. In particular, the costs of connectivity or voice traffic for the use of the Services derive from the telephone and/or data traffic generated by the use of the same, and for them the telephone and/or Internet service operator will apply what is set out in the User’s tariff plan. In any case, the connection costs shall be paid to the relevant operator, without any intermediation or additional costs on the part of the Licensor is in no way responsible for the aforementioned connection costs, nor for the provision and operation of the voice and/or data connectivity service.

6. Obligations and responsibilities of the User

6.1 The User assumes full responsibility for the use of the App and the Services, and, in particular, warrants that he/she is authorised to monitor the vehicle on which he/she intends to use the Services, assuming sole and exclusive responsibility for it.

6.2 By accepting the Licence the User undertakes to:

1. a) use the Product and make use of the Services in accordance with the laws and regulations in force, and in compliance with the rights of the Licensor and of third parties, scrupulously complying with the terms of the Licence and the methods of use of the Products as indicated in the documentation made available by the Licensor
2. b) use the App and make use of the Services only for lawful purposes, in their own interest and only for their own use
3. c) not to carry out any action that may compromise the security of systems and/or apparatus to which the User has access through the App
4. d) to communicate to the Licensor, during the registration to the App for the creation of the account, information that is true and referable only to the User holder of the account and legitimate owner of the Product(s)
5. e) not to disclose, directly or indirectly, the information and credentials of its account, thereby preventing it from being used improperly or unduly and, in any case, remaining responsible for any use of the same.

6.3 User agrees to indemnify and hold Licensor harmless from any extrajudicial dispute or action that may be brought by third parties in relation to alleged violations of the law committed by or with the assistance of User through the use of the App and the use of the Services.

6.4 User agrees to use the App in a lawful manner and within the limits set by the Licence. In particular, User is expressly prohibited to use the App in such a way as to:

1. a) examine or test the vulnerability of the system or network or to breach security or authentication measures;
2. b) compromise the security and operation of the system or network accessed by the User through the App.

7. Warranties

7.1 Licensor represents and warrants that the App and the Services are not affected by any defects that exclude or significantly diminish their potential use with respect to the features indicated therein.

7.2 In any case, the App and Services are provided by Licensor “as is” and the User declares to have received from Licensor all necessary information regarding the functions, instructions for use and features of the Services, App and Product available on the date of acceptance of the Licence. To the fullest extent permitted by any mandatory statutory provisions, Licensor makes no further warranties, express or implied.

7.3 Licensor undertakes to licence the App free of malfunctions; however, if maintenance or updating of the App or computer systems is required, their use may be suspended or interrupted by giving, where possible, at least 1 (one) day notice to the User.

8. Right of Withdrawal.

8.1 The Licensor may terminate the Licence, with a notice period of at least 30 (thirty) days, by giving notice to the User by email, to the address provided during registration.

8.2 Without prejudice to what is specified in art. 8.1, the Licensor may terminate the Licence at any time, without prior notice, if the User violates the terms of article 6 of this Licence (“Obligations and responsibilities of the User”), as well as if the Licensor finds that the User has made improper use of the Product or Service. The improper uses for each Product or Service are specifically indicated in the documentation made available by Licensor.

8.3 Users may terminate the Licence at any time by uninstalling the App from its smartphone or deleting its account.

8.4 User acknowledges that User is aware that any termination under this Section 8 does not entail any obligation to refund the consideration paid for the purchase of the Product and Service.

9. Updates 

Licensor may provide User with updates to the App that User is entitled to use. Updates are often provided to improve the operation and security of the App. If User decides not to download and use an update provided by Licensor, User will be liable for any loss or damage suffered by User. If User decides not to install such updates or upgrades or if User opts out of automatic updates, Licensor does not guarantee the compliance of the App and User may not be able to continue using the App.

10. Disclaimers.

10.1 Licensor shall be liable to User for damages caused by its failure to comply. Licensor shall not exclude or in any way limit its liability towards User except to the extent permitted by law.

10.2 The Licensor shall not be liable to the User for any failure, delay, suspension or interruption in the activation and delivery of the Services through the App due to events not directly or indirectly attributable to the Licensor and in particular, but not limited to, for:

unforeseeable circumstances or force majeure, force majeure being understood to mean all those events beyond the control of the Parties that totally or partially prevent the proper performance of the Services, including, but not limited to, war, guerrilla warfare, riots, floods, pandemics, strikes, blackouts, seismic events or weather events of a significant nature

negligence, carelessness or inexperience of third parties or of the User, including but not limited to the improper installation of the Products or failure to charge the battery of the Tracker, Tag or smartphone on which the App is installed

events within the control of the User (e.g. malfunction of the User’s smartphone and/or connectivity systems)

infringement by the User of applicable statutory or regulatory provisions

malfunctions of the internet network, the telephone network, the cloud infrastructure and/or loss of data that are not attributable to a breach by the Licensor of its obligations under its contracts with its suppliers

malfunctions of the Services and/or loss of data due to third party suppliers of applications and services necessary for the proper provision of the Services, including, but not limited to, the internet or telephone connectivity service provider chosen by the User.

11. Theft and Damage.

The User acknowledges that the anti-theft solutions marketed by the Licensor constitute solely a tool for prevention and control, do not replace the stipulation of an insurance policy, and the Service is functional to the monitoring under normal conditions of the Tracker through the App. It should be noted that the proper functioning of the device may be impaired, by way of example but not limited to, in the event of tampering, destruction, vandalism, as well as as as a result of deliberate and/or fraudulent shielding of the system, or disruption of communication through the use of ad hoc devices devised such as “jammers”.  Accordingly, no liability may be incurred by the Licensor in the event of theft of or damage to the vehicle or parts thereof, or other property on which the Tracker is installed, except to the extent provided for by law.

12. Intellectual Property Rights. 

12.1 Licensor owns all intellectual property rights relating to the App, the Services and the content, information, images, videos and databases contained therein, except for those logos, images, videos and databases whose rights are owned by third parties and/or in the public domain. Modification, reproduction, publication and transfer to third parties or other use of Licensor’s intellectual property without Licensor’s prior written consent is expressly prohibited.

12.2 The User does not acquire any rights in relation to the App other than the right to use it on his/her smartphone. Users may not copy, modify, adapt, translate or create derivative works or in any way access the source code of the App, except as permitted by this Licence or by law.

13. Changes to the terms of the Licence

The Licensor may change the terms of the Licence to comply with changes in law or industry practice, or as a result of material changes to the Services or the App that it may implement in the future. The changes will be communicated to the User at least 30 days before they become effective by email, or by means of a notice in the App.

If User does not accept the changes in the Licence, User will not be able to continue using the App.

14. Applicable law and dispute resolution

14.1 The Licence is governed by Italian law. The Court of the place of residence or domicile of the User shall be competent for any dispute concerning the terms of the Licence.

14.2 Each of the terms of this Licence operates separately. In the event that one or more of the terms of the Licence is found to be invalid because contrary to legal provisions, such invalidity shall remain limited to the individual term or terms, without extending to the remaining terms, which shall remain in full force and effect.

15. Suspension of Trackting Service.

For computer security purposes, Licensor may deactivate User’s account if no access to the App is recorded for more than two years since the last use. Licensor will notify User of the deactivation at least 30 days before it becomes effective. Users may in any case request revocation of the deactivation by contacting the Licensor at any time.

16. Personal Data Protection.

16.1 User agrees that in order to use the App it is necessary to provide Licensor with the personal data required for the creation of the account and the processing of geolocation data, for which specific consent is required.

16.2 User also agrees that the App may collect and use technical data and related information. Such information may: (i) include technical information of the smartphone on which the App is used, (ii) be necessary to ensure optimal performance of the App and (iii) be used in connection with any technical support offered by Licensor.

16.3 For information on the processing of your personal data please read carefully the privacy policy available on the Site at the link [•].

17. Contact

To receive any information concerning this Licence, the App, the Products or the Trackting Service, the User may contact the Licensor at the following addresses:

TRACKTING srl

Via Borgognina, 5 – 61030 Cartoceto (PU)

E-mail: info@trackting.com

Certified mail: trackting@pec.it
VAT No. IT02036680417

18. General Discipline

The User acknowledges that the entire contractual discipline for the use of the Services is governed by the combination of this Licence, by the “Terms and Conditions of Sale” of the Product and by the other conditions and terms of use expressly provided for each Product and Service chosen by the User, made available by the Licensor on the Site or through the App.