This is an Agreement between you, the end user, and AutoTracker. By using the AutoTracker Software, data, and documentation (the "System") you are agreeing to be bound by the terms of this Agreement. If you do not agree with the terms of this Agreement, you may not use the System.
In this Agreement the following definitions apply:1.1
“we,” “us,” “our,” “System” and “AutoTracker” mean AutoTracker Systems and its affiliates;1.2
“you,” “your,” “customer,” and “user” mean an account holder or user with us;1.3
“Device” means any device, accessory or other product we sell, lease or finance to you or that is active on your account with us;1.4
“Service” means our offers, rate plans, options, or Devices on your account with us.
2. THE LICENSED SYSTEM
The entire System, including the software, documentation (including installation guide and help screens), data mining algorithms, screen displays, and reports are protected by CYPRUS and foreign copyright laws. You have no ownership rights in the System. Rather, you have a license to use the System as long as this Agreement remains in full force and effect.
3. YOUR USE OF THE SYSTEM
Permitted Use. Provided that you have purchased a valid license, this Agreement permits you to use the System on a non-exclusive basis for personal, reference or business purposes, all as further set forth later in this Agreement. You may use the System as instructed by the documentation to perform its designed functions only for the purposes authorized by this Agreement.3.2
Legend. Any System output that is provided to a third party must include the following credit and copyright notice: Copyright ©AutoTracker. All Rights Reserved. You may not remove, alter, or conceal any copyright or trademark notices appearing on any System output.3.3
You understand and agree that the trademarks, trade names, service marks, copyrights and other proprietary rights of AutoTracker are and shall remain the sole and exclusive property of AutoTracker, and that you will not hold yourself out as having any ownership rights thereto. You further agree that you will make no use of such rights except as provided in this Agreement.3.4
You have an obligation toward Autotracker to inform the users of the system as well as get their consent that the car is monitored by the system as well as Autotracker.
4. PROHIBITIONS ON USE
No Commercial Use. You do not have the right to sell, or to reproduce or distribute for sale, any part of the System or output of the System alone or in combination with any other text, data, software, or graphic matter.4.2
No Interactive Use. You do not have the right to combine the System interactively with the operation of other software unless licensed to do so by AutoTracker.4.3
No Modifications or Decompilation. You have no right to modify the System in any way, incorporate any part or product of it into a compilation or create any derivative work. You may not reverse engineer, decompile, disassemble or otherwise access source code or the logical structure and contents of the System database.4.4
No Third Party/Service Bureau Use. You may not (a) permit any third party to use the System or transfer, disclose or otherwise make available the System to any third party, (b) use the System in the operation of a service bureau. You agree to secure and protect the System in a manner consistent with the maintenance of AutoTracker’s rights therein and to take appropriate action by instruction or agreement with the other users under your account who are permitted access to the System to satisfy your obligations hereunder.4.5
No Ownership of Vehicle Data. You agree that AutoTracker remains the sole owner of AutoTracker Software, all representations and derivatives of AutoTracker Analytics and reports generated from the vehicles using AutoTracker.4.6
No Copies. The copying of the System, any portion of the System, or any of the printed materials accompanying the System is strictly prohibited.4.7
No Malicious Intent. You shall not use the AutoTracker Software for any malicious purposes including but not limited to working for a competing business(s) or agencies as determined solely by AutoTracker.
5. OUR RIGHT TO SUSPEND OR TERMINATE SERVICES
We can, with notice, suspend or terminate any Service at any time for any reason, including, but not limited to
-harassing/threatening our employees or agents;
-providing false information;
-interfering with our operations;
-using/suspicion of using Services in any manner restricted by or inconsistent with the Agreement or applicable CYPRUS or EU laws;
-breaching the Agreement, including our Policies;
-providing false, inaccurate, dated or unverifiable identification or credit information, or becoming insolvent or bankrupt;
-modifying a Device from its manufacturer specifications; or
-if we believe the action protects our interests, any customer's interests or our network.
6. YOUR RIGHT TO TERMINATE SERVICES
You can terminate Services at any time by writing or calling us as provided on your invoice and requesting that we deactivate all Services. You are responsible for all charges billed or incurred prior to deactivation. If Services are terminated before the end of your invoicing cycle, we will not prorate charges to the date of termination and you will not receive a credit or refund for any unused Services. There will also be no credit or any type of total or partial refund for all prepaid Services.
7. YOU AGREE WE ARE NOT RESPONSIBLE FOR CERTAIN PROBLEMS
You agree that neither we nor our vendors, suppliers or licensors are responsible for any damages resulting from:
-anything done or not done by someone else;
-providing or failing to provide Services, including, but not limited to, deficiencies or problems with a Device or network coverage (for example, dropped, blocked, interrupted messages, etc.);
-traffic or other accidents, or any health-related claims relating to our Services;
-false messages sent while using our Services;
-an interruption or failure in accessing or attempting to access emergency services from a Device;
-interrupted, failed, or inaccurate location information services; or
-things beyond our control for example, weather-related phenomena, fire, earthquake, hurricane, etc., riot, strike, war, terrorism or government orders or acts.
-unauthorized access to your Personal Information or Vehicle by hackers or others who have obtained such access through illegal measures.
8. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the laws of Cyprus.8.2
Any dispute or difference or claim arising out of or in connection with this Agreement, including any question regarding its existence, interpretation, validity or termination, shall be referred to and finally resolved by Cyprus Courts.
9. OTHER TERMS
AutoTracker shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and AutoTracker shall notify the Customer in any such event.9.2
Protecting Our Network & Service. We can take any action to:
-protect our network, our rights and interests, or the rights of others; or
-optimize or improve the overall use of our network and Services. Some of these actions may interrupt or prevent legitimate communications.9.3
We do not share any of your account information with any third party unless you explicitly give us permission to do so.9.4
Our Right To Change The Agreement & Your Related Rights. We may change any part of the Agreement at any time including, but not limited to, rates, charges, how we calculate charges, or your terms of Service. We will provide you notice of changes. If a change we make to the Agreement is material and has a material adverse effect on you, you may terminate your Service without incurring any Termination Fee.9.5
YOU AGREE OUR LIABILITY IS LIMITED – NO CONSEQUENTIAL DAMAGES. TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS YOU MAY HAVE AGAINST US IS LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN CONNECTION WITH A DEVICE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, BODILY HARM, DEATH, EMOTIONAL DISTRESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES.9.6
It is in the sole responsibility of the Customer and / or Fleet Owner and / or Employer to be aware and informed of the current law on personal data protection as well as to inform the driver and / or the renter of the car and / or an employee about the existence of a GPS Tracking Device on the vehicle.All rights not specifically granted by this Agreement are reserved by AutoTracker.Copyright © AutoTracker. All rights reserved.