GPS Tracking Subscription Agreement

It is mandatory to agree to these terms of use before using your account. Touratech Italia srl grants you the right to use the Service only upon the condition that you accept all of the terms contained in this subscription agreement. Please read the terms carefully. If you do not agree to these terms, Touratech Italia srl is unwilling to offer the Service to you, in which event you should not use the Service.

1.USAGE

You agree that you will use the Service in compliance with all applicable laws, rules and regulations. You shall not: (1) use the Service to upload, transmit or otherwise distribute any content that is unlawful, or is otherwise objectionable; (2) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary rights or obligations; (3) prevent others from using the Service; (4) use the Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to other legal consequences. Touratech Italia srl reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law. User accounts cannot be shared or used by more than one individual user but may be reassigned from time to time to new users who are replacing former users that no longer use the Service. You agree that the Service is provided on an “as is” basis. Touratech Italia srl will make resonable efforts to keep the Service available and minimize periods of unavailability. Touratech Italia srl disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. Touratech Italia srl also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

2. RIGHTS

You acknowledge that Touratech Italia srl owns all rights in and to the Service, including without limitation all intellectual property rights. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. Touratech Italia srl will not make your data public without your explicit permission as we understand that privacy is of importance to you. However, you do agree that Touratech Italia srl may monitor or disclose your data in order to comply with applicable laws, rules and regulations. Touratech Italia srl reserves the right to use anonymized data from the Service to develop our offerings. Personal information collected by Touratech Italia srl may be stored in any country where Touratech Italia srl or its affiliates are represented. By using this service you agree to the transfer of such information to outside of your country.

3. PAYMENT

Fees for the Service are to be paid in advance in accordance with charges and billing terms in effect at the time. Payments are to be made in advance unless otherwise mutually agreed upon. All payment obligations are noncancelable and all amounts paid are nonrefundable. Touratech Italia srl reserves the right to suspend or terminate all or part of the Service if actual payment has not been received in time. Licenses are valid for one payment period from the day payment is received. Touratech Italia srl reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail. All pricing terms are confidential, and you agree not to disclose them to any third party. You agree and acknowledge that Touratech Italia srl has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if payments for your account are delayed 90 days or more.

5. TERMINATION

You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by providing notice to Touratech Italia srl. Touratech Italia srl may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any data contained in your account. Applicable sections of this agreement, (including the section regarding limitation of liability), shall survive expiration or termination. You agree and acknowledge that Touratech Italia srl has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is terminated.

6. MODIFICATION OF TERMS

Touratech Italia srl reserves the right to modify the terms and conditions of this Agreement at any time, effective when an updated version of this Agreement is posted on the Service. You must in such case agree to be bound by such modifications or discontinue to use the service.

7. NO WARRANTY

Exept as expressly set forth in this agreement, the service is provided on an "as is" basis, without warranties or conditions of any kind, either expressed or implied including, without limitation, any warranties or conditions of title, non infringement, merchantability or fitness for particular purpose. The service may be subject to limitations, delays, and other problems inherent in the use of internet and electronic communications provided by third suppliers, as mobile phone companies. Touratech Italia srl is not responsible for any delays, delivery failures, or other damages resulting from such problems. Each User is solely responsible for determining the appropriateness of using the Service and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.

8. DISCLAIMER OF LIABILITY

Exept as expressly set forth in this agreement, neither Touratech Italia srl nor any contributor shall have any liability for any direct, indirect, incidental, special, exemplary or consequential damages ( including without limitation lost profits), however caused and on any theory of liability, whether in contract, strict liability, or tort ( including neglicence or otherwise) arising in any way out of the use of the service or the exercise of any rights granted hereunder, even if advised of the possibility of such damages.

9. GENERAL

If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable. All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and do not cure such failure in a reasonable period of time after becoming aware of such non-compliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use of the Service as soon as reasonably practicable. However, Recipient's obligations under this Agreement shall continue and survive. This Agreement is governed by the laws of Italy and applicable international agreements and laws. All legal issues are settled in Italy by Italian laws,at the Court of Trento,if not otherwise agreed upon.