App License
SOFTWARE LICENSE AGREEMENT FOR THE USE OF THE “TRACKTING” APP
Preamble
The “Trackting” Application (hereinafter also "Application" or "App") is created and licensed by TRACKTING srl (hereinafter also the "Licensor") with registered office in Via Borgognina, 5 – 61030 Cartoceto (PU) – Tax Code – VAT no. 02036680417, a company that develops 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 one's vehicle, and an optional keychain tag uniquely linked to the Tracker (the set of devices that make up the anti-theft solution will hereinafter be referred to as the "Product" or "Products"). The App is interconnected with the Products and allows access to the digital services offered by the Licensor for anti-theft and geolocation of the paired Tracker (hereinafter also the "Service" or "Services").
The User is invited to carefully review the documentation regarding the features, functionalities, system requirements, and installation and use instructions for the Products, the App, and the Services, including any technical and digital updates, as well as the terms of provision and use of the specific Service requested by the User, made available by the Licensor on its website https://trackting.com (hereinafter the "Website").
1. Subject Matter
1.1 This license agreement (hereinafter the "License") regulates the right of use as well as the conditions of use of the "Trackting" App. The App is licensed by the Licensor who 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 License and other rules governing the App. The use of the App is subject to the provisions of this License, which is concluded exclusively between the User and the Licensor and cannot be assigned to third parties.
1.3 The License does not regulate the purchase and conditions of use of the Product and Service, which are specifically governed by the "Terms and Conditions of Sale" and other terms and conditions of use made available by the Licensor on the Website or through the App.
1.4 The use of the App's features is conditional on possessing the Product, pairing the App with the Product owned by the User, and, if applicable, paying the cost of the Services.
1.5 By registering with the App, the User declares to have reviewed the documentation with the features, functionalities, system requirements, and installation and use instructions for the Products, the App, and the Services, including any technical and digital updates, as well as the terms of provision and use of the specific Service requested by the User, made available by the Licensor, for compliance requirements.
2. Grant of License
2.1 By downloading the App, the Licensor grants the User a personal, revocable, non-exclusive, non-transferable, and free-of-charge license to download, install, and use the App on a single smartphone controlled by the User, as well as to access the App and use it on such smartphone in accordance with the terms and conditions of the License. The License applies to updates or additions to the original App provided by the Licensor, unless a separate license agreement is attached to such update, in which case the terms of that license shall prevail. The Licensor is the sole party obliged to provide updates and/or additions to the App.
2.2 The use of the App is conditional on the User's registration and the pairing of the App with the Product owned by the User by following the guided procedure within the App itself. The grant of a license to use the App does not imply the purchase of Products and the provision of Services. The App is interconnected with the Product owned by 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 license conditions. The User agrees that their 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 license. In particular, the App integrates the "Google Maps" service, provided, managed, and licensed by Google LLC, the use of which is governed by the Terms of Service available on the provider's website.
3. Installation and Registration
3.1 The App can be installed by downloading it from the Google Play™ store managed by Google LLC ("Google"), for use licensed in combination with or on an Android™ mobile smartphone or other proprietary Android portable software platform operating on a wireless portable device, or from the App Store®, managed by Apple Inc. ("Apple"), for use authorized in combination with or on an Apple® mobile smartphone or other proprietary Apple portable software platform operating on a wireless portable device.
3.2 The Licensor does not guarantee the correct functioning of the App if the User uses compatible smartphones that do not meet the minimum technical requirements for the App's operation indicated at the time of download from the store, or uses them in contrast with the usage recommendations provided by the smartphone manufacturer or the Licensor.
3.3 The Licensor does not guarantee the correct provision of the Services if 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 operating system customizations made by the smartphone manufacturer or the User themselves.
3.4 To use the App, the User must create an account through a registration process and activate the Product in their possession, following the instructions provided through the guided procedure within the App itself. The Licensor is not obliged to verify the real identity of those accessing the App and their actual correspondence with the User and their personal details provided during registration.
4. Conditions for using the App and enjoying the Services
4.1 The activation and commencement of Service provision occurs with the first pairing of the Tracker with the App, subject to the provisions of paragraph 4.2.
4.2 If the User is required to pay a fee for the provision of the Services, payment of the fee is a condition for the provision of the Services. The Licensor shall be free not to provide the Services until the User has paid the due fee.
4.3 The conditions necessary for the use of the Services through the App are:
- the correct installation of the Tracker inside the vehicle as specified by the instructions provided by the Licensor;
- the correct installation of the App on the User's smartphone and the creation of their account as specified by the instructions provided by the Licensor;
- internet connection of the smartphone from which the App is accessed;
- internet connection of the Tracker;
- adequate charge level of the smartphone from which the App is accessed, the Tracker, and any keychain tag.
4.4 The Licensor does not guarantee the correct provision of the Services through the App if any of the conditions indicated in this article are not met.
5. Costs
5.1 The installation of the App on the User's smartphone is always free of charge.
5.2 The cost for the provision of the Services depends on the Product owned by the User and the specific Service requested.
For details on costs, their amount, and payment methods for the Services, where applicable, please refer to the conditions found on the Website pages.
5.3 It is specified that the costs related to the User's smartphone's telephone connectivity are not included in the installation and use of the App. In particular, the connectivity or voice traffic costs for using the Services derive from the telephone and/or data traffic generated by its use, and for these, the User's tariff plan will be applied by the telecommunications and/or internet service provider. In any case, the connection costs will be paid to the respective operator, without any intermediation or additional costs from the Licensor, who is in no way responsible for the aforementioned connection costs, nor for the provision and functioning of the voice and/or data connectivity service.
6. User's Obligations and Responsibilities
6.1 The User assumes full responsibility for the use of the App and the Services, and, in particular, guarantees to be authorized to monitor the vehicle on which they intend to use the Services, exclusively assuming all related liabilities.
6.2 By accepting the License, the User undertakes to:
a) use the Product and enjoy the Services in accordance with applicable laws and regulations, and respecting the rights of the Licensor and third parties, scrupulously adhering to the terms of the License and the methods of use of the Products as indicated by the documentation made available by the Licensor;
b) use the App and enjoy the Services only for lawful purposes, in their own interest and solely for their personal use;
c) not take any action that could compromise the security of systems and/or equipment to which the User has access through the App;
d) communicate true information to the Licensor during App registration for account creation, which refers solely to the User holding the account and legitimate owner of the paired Product or Products;
e) not disclose, directly or indirectly, their account information and credentials, thereby preventing its improper or unauthorized use, and, in any case, remaining responsible for any use thereof.
6.3 The User undertakes to indemnify and hold the Licensor harmless from any out-of-court claims or legal actions that may be brought by third parties regarding alleged violations of laws committed by the User or with the User's involvement through the use of the App and the enjoyment of the Services.
6.4 The User undertakes to use the App lawfully and within the limits established by the License. In particular, the User is expressly prohibited from using the App in a way that:
a) examines or tests the vulnerability of the system or network or violates security or authentication measures;
b) compromises the security and operation of the system or network to which the User has access through the App.
7. Warranties
7.1 The Licensor declares and guarantees that the App and the Services are not affected by defects that exclude or significantly diminish their potential use compared to the characteristics indicated by the Licensor.
7.2 In any case, the App and the Services are provided by the Licensor "as is" and the User declares to have received from the Licensor all necessary information regarding the functions, instructions for use, and characteristics of the Services, the App, and the Product available on the date of acceptance of the License. To the maximum extent permitted by any mandatory legal provisions, the Licensor provides no further warranties, express or implied.
7.3 The Licensor undertakes to license the App free of malfunctions; however, should maintenance or update interventions of the App or computer systems become necessary, their use may be suspended or interrupted, giving, where possible, at least 1 (one) day's notice to the User.
8. Right of withdrawal
8.1 The Licensor may withdraw from the License, with at least 30 (thirty) days' notice, by notifying the User via email, to the address provided during registration.
8.2 Without prejudice to what is specified in art. 8.1, the Licensor may withdraw from the License at any time, without notice, if the User violates the terms of Article 6 of this License ("User's Obligations and Responsibilities"), as well as if the Licensor detects that the User has made improper use of the Product or Service. Improper uses for each Product or Service are specifically indicated in the documentation made available by the Licensor.
8.3 The User may withdraw from the License at any time by uninstalling the App from their smartphone or deleting their account.
8.4 The User declares to be aware that any withdrawal in accordance with this Article 8 does not entail any obligation to refund the amount paid for the purchase of the Product and the Service.
9. Updates
The Licensor may provide the User with updates to the App which the User has the right to use. Updates are often provided to improve the App's functionality and security. If the User chooses not to download and use an update provided by the Licensor, they will be responsible for any loss or damage suffered by the User. If the User decides not to install such updates or upgrades or if they waive automatic updates, the Licensor does not guarantee the conformity of the App and the User may not be able to continue using the App.
10. Disclaimers
10.1 The Licensor shall be liable to the User for damages caused by its own default. The Licensor does not exclude or limit its liability to the User in any way except within the limits provided by law.
10.2 The Licensor shall not be liable to the User for any defaults, delays, suspensions, or interruptions in the activation and provision 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:
- fortuitous event or force majeure, meaning by force majeure all those events independent of the will of the Parties that totally or partially prevent the correct execution of the services, including, by way of example but not limitation, war, guerrilla warfare, riots, floods, pandemics, strikes, blackouts, seismic events, or significant atmospheric events;
- negligence, carelessness, or inexperience of third parties or the User, including, but not limited to, incorrect installation of the Products or failure to charge the battery of the Tracker, Tag, or the smartphone on which the App is installed;
- events within the User's sphere of control (for example: defective functioning of the smartphone and/or the User's connectivity systems);
- violation by the User of current regulatory or legal provisions;
- malfunctions of the internet network, telephone network, cloud infrastructure, and/or data loss that are not attributable to a breach by the Licensor of the obligations under the contracts stipulated with its suppliers;
- malfunctions of the Services and/or loss of data due to third-party providers 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 are solely a prevention and control tool, do not replace the stipulation of an insurance policy, and the Service is functional for monitoring the Tracker under normal conditions via the App. It is specified that the proper functioning of the device may be compromised, by way of example and not limitation, in the event of tampering, destruction, perpetration of vandalism, as well as due to voluntary shielding and/or shielding carried out by fraudulent means of the system, or communication disruption through the use of specially designed ad hoc devices such as "Jammers". Therefore, the Licensor cannot be held liable in case of theft or damage to the vehicle or parts thereof, or other assets on which the Tracker is installed, except within the limits provided by law.
12. Intellectual Property Rights
12.1 The Licensor holds all intellectual property rights related 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 are in the public domain. Modification, reproduction, publication, and transfer to third parties, or other uses of the Licensor's intellectual property without prior written consent from the Licensor are expressly prohibited.
12.2 The User does not acquire any rights in relation to the App other than to use it on their smartphone. The User 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 License or by law.
13. Changes to the terms of the License
The Licensor may modify the terms of the License to comply with changes in legal provisions or industry practices, or due to substantial changes made 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 their effective date via e-mail, or through a notice in the App.
If the User does not accept the changes to the License, they will not be able to continue using the App.
14. Governing law and dispute resolution
14.1 The License is governed by Italian law. For any dispute regarding the terms of the License, the Court of the User's place of residence or domicile shall have jurisdiction.
14.2 Each of the articles of this License operates separately. In the event that one or more terms of the License prove to be invalid as contrary to legal provisions, such invalidity shall be limited to the single term or terms, without extending to the remaining terms which shall remain fully valid and effective.
15. Suspension of the Trackting Service.
For cybersecurity purposes, the Licensor may deactivate the User's account if no access to the App is recorded for more than two years since the last use. The Licensor will notify the User of the deactivation at least 30 days before it becomes effective. The User may in any case request the revocation of the deactivation by contacting the Licensor at any time.
16. Personal data protection
16.1 The User accepts that to use the App, it is necessary to provide the Licensor with the personal data required for account creation and the processing of geolocation data, for which specific consent is required.
16.2 The User also accepts that the App may collect and use technical data and related information. Such information may: (i) include technical information about the smartphone on which the App is used, (ii) be necessary to ensure optimal App performance, and (iii) be used in connection with any technical support offered by the Licensor.
16.3 For information on the processing of User's personal data, please carefully read the privacy policy, available on the Website at https://www.trackting.com/it/privacy-app/.
17. Contacts
To receive any information regarding this License, 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 provisions
The User acknowledges that the entire contractual discipline for the use of the Services is regulated by the combination of this License, the "General Terms and Conditions of Sale" of the Product and the other terms and conditions of use expressly provided for each Product and Service chosen by the User, made available by the Licensor on the Website or through the App.
