(VERSION OF AUG 13, 2021)
This Terms of Service (hereinafter also referred to as the “Agreement”) regulates the use of the Device named “Geo Tracker – GPS tracker” (hereinafter the “Application”) and the general terms of service between an individual, Ilya Bogdanovich, a citizen of the Russian Federation (hereinafter the ” Owner of the Application “), on the one hand, and individuals who have accepted the terms of this Agreement by acceding to this Agreement fully and unconditionally, on the other hand, hereinafter together referred to as “the Parties” and separately as “the Parties”.
This Agreement and the relations of the Parties arising from this Agreement shall be governed by the laws of the Republic of Cyprus. The laws of the Republic of Cyprus governing the procedure and conditions for the conclusion of this Agreement, the subscription agreement, the sending of the offer and the acceptance shall apply to the procedure and conditions for the conclusion of this Agreement.
TERMS AND DEFINITIONS USED IN THIS AGREEMENT
Acceptance of the Agreement is the fact of using the Application automatically recognizes the User as having unconditionally and generally accepted the terms of this Agreement.
Application is a software application and/or computer program called “Geo Tracker – GPS tracker” designed to record and visualise the geographical coordinates of the device on which the Application is installed.
Application User (User) is a person who performs, installs and accesses the Application and commits the Acceptance of the Agreement.
Right holder is individual or legal person who has an exclusive right to an intellectual activity result or means of individualization, or who has the right to use such intellectual activity result or means of individualization on the basis of a contract.
Device is a digital device of any type and form factor (in particular but not limited to smartphone, tablet) running the Android operating system, which has sufficient technical characteristics to install the Application on it and subsequently be used by the User.
Service is enabling by the Owner of the Application to the User to use the Application by recording and visualizing the geographical coordinates of the User’s device (with the possibility of saving them to the User’s device memory) on the geographical maps of different Rights Holders (Yandex, Google, Mapbox and others) in accordance with the rules, restrictions and technical requirements set out in this Agreement and in the Application.
Subscription is Service as for to the Open Street Map Service generated by the Right Holder through the Mapbox service, which is provided for a period of time and for a subscription fee as determined by the Subscription terms and conditions displayed in the interface of the Application. The Subscription starts when the User has made the first subscription fee and the payment is recorded in the electronic payment system of the Owner of the Application. The User may cancel further use of the Subscription at any time after the end of the paid-up period in accordance with the procedure laid down in this Agreement.
Test Period is the period of time set by the Owner of the Application during which the User is familiarizing themselves with the functionality and other features of the Application. Within the framework of promotional campaigns and other events, the Owner of the Application may use other terms to refer to the Test period, such as “Promotion period”, “X days free”, “X days as a gift”, “1 month – X rubles”, etc. All the above terms have the same meaning as in the term “Test period”. The terms “free of charge” and “free of charge” used by the Owner of the Application when carrying out promotional activities are conditional concepts, are not a public offer and are used to attract the attention of Users.
If any of the terms or definitions in the text of the Agreement is not explained in the text of the Agreement, the meaning of such terms or definitions shall be determined based on the interpretation of the text of the Agreement. If there is no proper interpretation in the text of the Agreement, the Parties shall be governed by the applicable law, and if there is no law, by the custom of business practice and scientific doctrine.
1. GENERAL POINTS
1.1. The Owner of the Application, provided that Users comply with the terms of this Agreement, provides Services to Users in the Application. The User has no right to copy, reproduce, process or otherwise use the Content in whole or in part, except as expressly provided for in the Agreement (clause 3.1).
1.2. In order to use the Application and the Content, the User must comply with this Agreement by accepting the Agreement in the manner prescribed in this Agreement. From the moment of Acceptance of the Agreement by the User, this Agreement is considered to be concluded with the User, and the User acquires the rights and is obliged to fulfill the obligations stipulated by this Agreement.
1.3. This Agreement shall be amended by posting changes to this Agreement or a new version of this Agreement in the interface of the Application by the Owner of the Application.
1.4. If the User does not agree with the changes of this Agreement or the new version of this Agreement, the User may terminate this Agreement with the Owner of the Application by terminating the use of the Application.
1.5. For the purposes of this Agreement, Moscow time (the time zone in which the capital of the Russian Federation, the city of Moscow, is located) shall be used.
1.6. The actual access of the User to the Application, the actual use of the Application and the Content by the User, is possible only on Devices that have installed the necessary and sufficient software that meets the technical requirements specified in the Agreement and that have the technical and actual ability to access the Internet.
2.1. The Owner of the Application provides the User who accepts this Agreement with a free (except for Subscription) non-exclusive license throughout the world and for the duration of the exclusive right to the Application (subject to the terms of the Agreement), without the right to sublicense to third parties the right to use the Application by installing it on the Device and the subsequent use within the functionality of the Application.
The User may use the Application only for personal non-commercial purposes within the functionality of the Application.
The license granted by the Owner of the Application to the User to use the Application may be terminated (revoked) by the Rights Holder at any time. The Rights Holder may, but is not obligated to, notify the User of such termination, the intentions, motives and purposes of the termination of the license to the User.
3. USER RIGHTS AND OBLIGATIONS
3.1. The User has the right:
– in case of any complaints about the work of the Application, to file a complaint by e-mail to email@example.com.
– to cancel the Subscription service in the “Settings” section of the profile of the Application or in the “Subscriptions” section of the profile on Google Play. The Subscription service for this User shall be terminated as of the day following the last day of the paid period; no funds will be deducted from the User’s balance for the next month of the Subscription.
– create screenshots of the screen of the Device with the running Application, export allowed files with records of geographical coordinates of the User’s device in the form of files in gpx, kml, kmz and other possible in the future.
3.2. The User shall:
– become familiar with the terms of this Agreement and check the terms of this Agreement at least once a month;
– comply with the terms of this Agreement;
– not to perform actions prohibited by this Agreement and the laws of the Republic of Cyprus.
– independently monitor the release of Application updates and update the Application in a timely manner.
4. RIGHTS AND OBLIGATIONS OF THE OWNER OF THE APPLICATION
4.1. The Owner of the Application has the right:
– determine the structure and content of the Application, allow and restrict access to the Application in accordance with this Agreement and the laws of the Republic of Cyprus.
– if the User violates this Agreement, the Owner of the Application shall be entitled to suspend, restrict or terminate such User’s access to all or any of the sections of the Application unilaterally, as well as to block the possibility of using the Application for Users at any time, with or without prior notice, without being responsible for any damage that may be caused to the User by such action;
– transfer to third parties the rights of administration of the Application in order to exercise the rights and obligations of the Owner of the Application under the Agreement.
– at its own discretion, modify or delete any information published in the Application, as well as the Content and any elements and components of the Application, suspend, limit or terminate the User’s access to all or any of the sections of the Application at any time for any reason or without giving a reason, with or without prior notice. In doing so, the Parties agree that the Owner of the Application shall not be liable for any harm that may be caused to the User by such actions.
– set any restrictions on the use of the Application, change this Agreement unilaterally at any time, without obtaining the consent of the User.
– change or set unilaterally the price and types of Subscription, terms and payment procedure without special notice to the User.
4.2. The Owner of the Application is obliged:
– maintain the performance of the Application and its contents, perform ongoing management of sections of the Application, ensure its functionality and eliminate operational errors.
5. TECHNICAL REQUIREMENTS
5.1. To access the Application, the User needs a Device with an operating system installed on it and software applications for interaction with the global Internet.
5.2. The User agrees that if the User’s Device does not meet the technical requirements of the Owner of the Application, the User may not be able to access the Application and/or the Application may not work correctly.
6. ACCEPTANCE OF AGREEMENT
6.1. The User pays the subscription fee for the Subscription to the Owner of the Application through third party payment systems, the relationship between the specified payment systems and the User is governed by the terms of the agreement between the User and the specified entities. The Owner of the Application independently does not accept payments from Users, and for any issues related to payment for the Subscription, the User should contact the operators of payment systems and other payment intermediaries.
6.2. The Subscription fees are specified in the Application and may vary for the same Content and/or Subscriptions, depending on the User’s Device, quality of the Content provided, Subscription duration, Country, and other conditions.
6.3. All payments made by Users to the Owner of the Application under this Agreement include taxes and fees required by the applicable laws of the country of residence of the Owner of the Application, if applicable.
6.4. All payments made by Users to the Owner of the Application do not include the cost of Internet or data traffic. (Your Internet Service Provider or mobile carrier may charge for the volume of your data traffic. If you are unaware of the charges for data traffic according to the tariff you use, please contact your ISP or mobile carrier).
6.5. When you click the “Pay” button, the User unconditionally agrees to the cost of the Subscription on this Device, and has no objection to the possible differences from the cost of purchasing a similar Subscription on another Device.
6.6. When you pay for the Subscription, the auto-renewal option is enabled by default. You agree to have the Subscription fee charged in full for the next Subscription term in advance on the expiration date of the previous Subscription term. You can turn off the auto-renewal option in the “Subscriptions” section of your Google Play profile.
6.7. The User agrees that if on the last day of the paid Subscription period the User does not have enough money to pay for the next Subscription period, the Owner of the Application may suspend or disable automatic Subscription renewal from the day following the last day of the paid period.
6.8. The Owner of the Application shall not be liable to the User in case of failure to receive funds to the Owner`s of the Application Personal bank Account for reasons beyond the control of the Owner of the Application, including, but not limited to: software failures or equipment breakdown of banks, telecom operators, payment systems and other payment intermediaries, which ensure the acceptance of payments from Users and their transfer to the Owner of the Application.
6.9. The User acknowledges and agrees that the Owner of the Application is not obliged to provide the Subscription services until the funds have been transferred to the bank account of the legal entity servicing Google Play. Mutual settlements between the Owner of the Application and the legal entity servicing Google Play are governed by a separate agreement between them.
6.10. The Owner of the Application, may provide a Subscription to the User without charging a fee during the Test period once on one Google account under the terms described in the Agreement. After the expiration of the Test Period, the Subscription is automatically activated for the User. By agreeing to the Test period, User agrees to pay the Subscription access fee after the end of the Test period. The Subscription usage fee during the Test period is included in the cost of the first paid Subscription period. In order to disable automatic paid renewal in subsequent periods, the User must disable the respective feature in the Application settings or in the “Subscriptions” section of the Google Play profile.
6.11. In order to support the Owner of the Application, the Application has a donation function (donate). Donation by the User does not entail any counter donation. The User may return the donation by writing to the Application Owner and/or to the operators of payment systems and other payment intermediaries within 48 hours from the date of the donation, if requested by the Application Owner or the operators of payment systems and other payment intermediaries. After 48 hours, the donation shall be deemed fulfilled and irrevocable.
The User understands that the Content that the User accesses through the Application belongs to third parties.
The User understands and agrees that the Owner of the Application shall not be liable for the availability to the User of the Content placed in the Application and to which access may be provided via third party networks, the compliance of the Content with the User’s expectations, the Content (including any text, graphics, program code and any other elements and parts of the Content, without limitations), any advertising materials placed by the Title Holder of the Content not in the Application (but possibly displayed in the Application), notices of copyright and related rights and etc.
The User understands and agrees that the Owner of the Application shall not be liable for the actions of the Content Rights Holders in the performance of their obligations.
All intellectual activity results used and posted in the Application as well as the Application itself are the intellectual property of their legal owners and are protected by the intellectual property laws of the Republic of Cyprus as well as the relevant international legal conventions. Any use of the results of intellectual activity in the Application (including elements of the visual design of the Application, trademarks, symbols, texts, graphics, illustrations, photos, videos, programs, music and other objects) without the permission of the legal owner of the relevant intellectual property is illegal and may be grounds for legal proceedings and bring the offenders to civil, administrative and/or criminal liability in accordance with the Agreement.
Except as allowed by the Agreement and the applicable laws of the Republic of Cyprus, no result of the intellectual activity contained in the Application may be copied (reproduced), reprocessed, distributed, framed, published, downloaded, transferred, sold or otherwise utilized in whole or in part without prior permission of the Owner of the Application or the rightful owner of the corresponding intellectual activity result, except for the cases when the Owner of the Application or the right holder except to the extent that the Owner of the Application or the right holder has expressly consented to the free use of the material by any person.
Access to the results of intellectual activity in the Application is provided by the Owner of the Application solely for personal, non-commercial use by the Users for the purposes of familiarization with them exclusively through the Application, without the right to reproduce (including copying/downloading) the said results of intellectual activity in the memory of the Users’ electronic devices, as well as without the right to other use of the said results of intellectual activity, not specified in this Agreement.
Any use of the Application or the results of intellectual activity placed on it, other than the use permitted in the Agreement, or, in case of explicit consent of the Owner of the Application or the author (right holder) to such use, without prior written permission of the Owner of the Application or the author (right holder) is strictly prohibited.
7.2. Users are not allowed to use the Application:
– use the Application in any manner that may interfere with normal operation.
– use any software, the use of which is not expressly permitted by the Owner of the Application, to collect information about the operation of the Application and the Users of the Application and/or to interact with the Application.
– impersonate another person or representative of an organization and/or community.
– post in the Application materials and information prohibited by the laws of the Republic of Cyprus.
– use the Content by any means other than those expressly permitted in this Agreement, without prior written permission of the Right Holder.
7.3. The Application and any information or other data available within the Application may not be used to establish and/or corroborate any facts.
8.1. The Application is provided by the Owner of the Application to the User on an “as is” basis. The User installs and uses the Application at his or her own risk. The Owner of the Application does not guarantee to the User that the Application will work properly on the Device or that the Application is free of any errors or that the Application meets the User’s expectations.
8.2. The User is responsible for all actions performed in the Application, including when changing the exported files from the Application. The Owner of the Application has the right to prohibit the use of the Application by Users in case of violation of the Agreement. The Owner of the Application is not responsible for the possible loss or damage of data that may occur due to the violation of the provisions of this paragraph of the Agreement by the User.
8.3. The Owner of the Application shall not be responsible for any information posted on third-party sites that Users have accessed through the Application, including, but not limited to, any opinions or statements expressed on third-party sites or in their materials.
8.4. In case of undesirable consequences incurred by the User as a result of using the Application, the Owner of the Application is obliged to consider appeals from Users and take measures to eliminate such consequences in accordance with the terms of this Agreement and the legislation of the Republic of Cyprus.
8.5. The Owner of the Application ensures the operation of the Application, but is not responsible for their smooth operation, or for causing any other damages that have arisen or may arise from the use of the Application, including as a result of any actions of the Owner of the Application that are not directly aimed at causing harm to the User.
8.6. The Owner of the Application shall not be liable:
– for non-performance or improper performance of its obligations due to failures in telecommunications and power networks of third parties, the actions of malicious programs, as well as unfair actions of third parties aimed at unauthorized access and (or) disabling of software and (or) hardware of the Application.
– for incorrect functioning of the Application, failures and interruptions in the Application, damage or loss of data contained in the Application, if they were caused by force majeure circumstances, including fires, epidemics, extreme weather conditions, power outages, spread of viral computer programs, as well as if such circumstances were caused by intentional illegal actions of third parties.
9. DISPUTE RESOLUTION
9.1. If there is a conflict between the Parties on any occasion, the Parties are obliged to settle such conflict by negotiations. In case of impossibility of such settlement, the Parties shall be bound by pre-trial procedure of consideration of the arisen conflict by means of sending the claim.
9.2. If claim is sent to the Owner of the Application, the claim must be sent to the following email address: firstname.lastname@example.org. The Application Holder shall be entitled to review such claim within 30 calendar days of its receipt.
9.3. All conflicts between the Parties arising from the use of the Appendix shall be resolved by the Parties in accordance with the provisions of the Agreement and the applicable laws of the Republic of Cyprus. All conflicts subject to judicial review shall be resolved in the jurisdiction of the Respondent.
10. FINAL PROVISIONS
10.1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Cyprus.
10.2. This Agreement and any published changes to this Agreement shall be in full force and effect for the entire period of the User’s use of the Application.
10.3. If for any reason one or more of the provisions of this Agreement is invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions.
10.5. The text of the Agreement in its current version is made in Russian and English languages and is available to the User for review both at the time of installation of the Application and at a later time posted at addresse: https://geo-tracker.org/user-agreement/. In case of any discrepancies between the texts of this Agreement, the text in Russian will prevail.