The term “you“ refers to users, clients, visitors and others, who access the Web-site.
THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT AND DROPAPIN GOVERNING YOUR USE OF DROPAPIN SUITE OF REAL-TIME LOCATION TRACKING SOFTWARE, WEB-SITE AND SERVICES.
Description of Services
dropapin provides an array of Services for online location and tracking of people, movable assets including vehicles, pets, and other, view of their movement history, geo-based notifications, field tasks management, communication, fleet costs calculations, fuel usage reporting, scheduling vehicle maintenance, related apps, tools and support services. The Services are applicable for your personal and business use or for internal business purpose for the organization, that you represent. You can connect to the Services using any Internet browser and mobile apps supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your Account and publish and share such content.
dropapin is not responsible for the User Content. dropapin does not monitor, review, or edit User Content, but reserves the right to remove or disable access to any User Content for any reason, including but not limited to, the User Content that, at dropapin’s sole discretion, violates these Terms.
Modification of Terms
We reserve the right to modify, amend or otherwise change the Terms upon notice to you at any time through a service announcement, notification on our website or by sending email to your primary email address. The new version of the Terms shall come into force at the moment it is placed on the website, unless otherwise provided by the new version thereof. By accessing the Web-site or using the Services after the effective date of any change you agree with the modified Terms. If we make changes to the Terms, that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate the use of the Services by providing dropapin notice by email within 30 days of being notified of the availability of the modified Terms. If the Terms are modified in a manner that substantially affects your rights in connection with the use of the Services, you will be entitled to the prorated refund of the unused portion of any prepaid fees.
In order to access or use the Services, you need to sign up for an Account by providing all required information.
In order to use the Services for corporate internal use, dropapin recommends to sign up for user Account by providing your corporate contact information.
By signing up on dropapin, you agree to:
1. provide true, accurate, current and complete information about yourself (or the corporate body) as prompted by the sign up process;
2. maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete.
If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, we may terminate your Account and refuse of any or all of the Services. The Account may be registered by any person, who has the right and legal capacity to use the Services provided by dropapin, and is not barred or otherwise legally prohibited from accessing or using dropapin. You have to be at least 18 years old to register the Account.
Communications from dropapin
The Services may include certain communications from dropapin, such as service announcements, administrative messages and newsletters. You agree that these communications are part of the Services use. dropapin provides you the option of opting out from receiving newsletters, however, you will not be able to opt-out from receiving service announcements and administrative messages. You are solely responsible for the acquaintance with the announcements and administrative messages and for the updating of the communication credentials (e-mail address). We will send the service announcements and administrative messages to your primary e-mail address.
If we receive a complaint from any person against you, with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You shall respond to the complainant directly within 30 (thirty) days of receiving the complaint forwarded by us and copy dropapin in the communication. If you do not respond to the complainant within 30 (thirty) days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 30 (thirty) days’ time limit will be construed as your consent to disclosure of your name and contact information by dropapin to the complainant.
Fees and Payments
The Services are available under subscription plans.
Payments for subscription plans can be made only by Go Cardless. Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan or inform us that you do not wish to renew the subscription by sending us an e-mail. At the time of automatic renewal, the subscription fee will be charged of the Bank Card last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Bank Card. If you do not wish to renew the subscription, you must inform us at least 7 days prior to the renewal date. We will send email with the amount, that will be charged of your Bank Card, every time before your subscription’s auto-renews. Similarly, after each renewal, we will send you a receipt via e-mail specifying the amount that has been deducted together with the next renewal date and the next renewal amount. If you have not downgraded to a free plan and if you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized dropapin to charge the subscription fee to the Bank Card last used by you.
The Service fees are charged per tracking object. If you have more than one object in your Account, your total monthly fee will increase accordingly. The billing system charges your Account daily by:
N * M, where
N – the number of active tracking objects, M – the price for one tracking object.
You have to get keep your balance positive, otherwise the Service will be suspended, but all data that is received within that period will be stored and you will be able to use it for free. If your subscription starts not from the first day of the month, you will be billed from the actual date of your first using of the Services.
We reserve the right to change the price of any Service or charge for use of Services that are currently available free of charge. If we make changes to the price, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. If we decide to charge a fee for the Services, currently available free of charge, it will be announced on the Web-site, visible and clear before the use of the Service.
We strive to create quality software, that you may use for your business or life. If during the first month of your use of our Services you are somehow dissatisfied with our Services, please, contact us. We will do our best to address your issue, provide a work around or give a timeline for a solution. If you are asking for a refund, having the proper reasons for such a refund, the following refund policy shall apply.
1. First month. If during the first month of your use of our Services you are dissatisfied, we will gladly offer you a FULL REFUND for your purchase, and downgrade your account to the free plan for that Service.
2. Following months. If at any time during your using our service after your first month, we will gladly offer you a refund of the REMAINING AMOUNT on your account balance.
3. Your refund will be subject to a processing charge of £50.
4. Auto-Renewals. For your convenience, your monthly subscriptions will auto-renew, until you cancel the Service. You can cancel your monthly/annual subscription for 5 business days since your renewal date, and get your FULL REFUND.
In all cases, you will be able to choose whether we downgrade your account to the free plan for that Service or terminate your subscription. If the case does not fall within the abovementioned refund policy, please, contact us.
Restrictions on Use
In addition to all other terms and conditions of these Terms, you are not permitted to:
1. access and use confidential information, that you are not allowed to deal with;
2. cause threat or make harm for any persons or organizations;
3. impersonate another person, falsify the addresses of devices you use with the Services;
4. post, or otherwise make available any unsolicited or unauthorized messages and materials, including illegal, harassing, threatening, malicious, libelous, abusive, violent, obscene;
5. disrupt the Services, including any unauthorized access, use or monitoring of relevant data or traffic transmission meaningless and useless information, creating unnecessarily high load on the Services;
6. use automated programs (bots, robots, “spiders”, scrapers, and other programs having similar functions) and scripts, in particular, for the collection of the information of the other Users or the Service in whole and for mass or targeted distribution (spam, etc.);
7. use the Services and associated radio-emitting and navigation equipment in places where it is prohibited or is dangerous;
8. reproduce, copy, duplicate, sell, resell, lease or exchange of the Services (or any part thereof);
9. use the Services in any other way that is illegal or fraudulent, or has any unlawful or fraudulent purpose or effect.
THE SERVICES MUST NOT BE USED AS A RELIABLE SOURCE OF INFORMATION IN SITUATIONS WHERE ERRONEOUS, INACCURATE, UNTIMELY OR INCOMPLETE DATA MAY RESULT IN DEATH, INJURY, DAMAGE OR LOSS OF THE PROPERTY OR ENVIRONMENT DAMAGE.
Spamming and Illegal Activities
According to these Terms you agree:
1. to be solely responsible for the contents of your transmissions through the Services;
2. not engage in any activity on using the Service or upload User Content, which is or includes materials , which are unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another;
3. not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email.
dropapin reserves the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
Inactive User Accounts Policy
We reserve the right to terminate unpaid user accounts that are inactive for 120 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice in 5 days of such termination to your primary email address. The data deletion policy may be implemented with respect to any or all of the Services. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
Support, except for technical and related to the basic access to the Web-site, is provided to users with paid subscriptions only. Available communication channels and response time may vary depending on the plan. Appropriate conditions are applied in regards of tracked assets independently, i.e. you can have assets on various plans and get support service accordingly.
Sample Files and Applications
dropapin may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Dropapin makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU USE THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS-IS“ AND “AS-AVAILABLE“ BASIS. UBORO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UBORO MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY DOWNLOADED OR OBTAINED MATERIAL THROUGH THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM UBORO, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY, NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
You agree that dropapin shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the Service, even if dropapin has been advised of the possibility of such damage. In no event, willl dropapin entire liability to you in respect of any Service, whether direct or indirect, exceed the fees paid by you towards such Service for 1 full month.
If you lose access to your Account as a result of your(i) violation of these Terms, (ii) negligence concerning the cybersecurity and any other necessary measures, including precautionary and preventive measures, that resulted in theft of your Account, (iii) any other action (act or omission), Uboro shall not be liable under these Terms. You hereby represent and warrant that you will be solely responsible for these losses and will not make any claims to Uboro connected to such losses.
You agree to indemnify and hold harmless of dropapin, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of applicable law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by dropapin.
Applicable Law and Dispute Resolution
These Terms and other relationships between the Parties are governed by the laws of England and Wales. All disputes and disagreements that might arise from these Terms shall be resolved by means of negotiations. You agree that for the purposes of the settlement of disputes between the Parties, an e-mail correspondence with the authorized persons of dropapin at email@example.com shall be the effective and binding method of communication.
If the Parties fail to agree on the subject of the dispute within thirty (30) days, the dispute shall be submitted to the competent court in accordance with the laws of England and Wales.
Suspension and Termination
We may suspend your user Account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity or requests by law enforcement or other government agencies. Objections to suspension or disabling of Accounts should be made to firstname.lastname@example.org within 13 days of being notified about the suspension.
dropapin will immediately notify you about such suspension by email to your primary email address.
We may terminate a suspended or disabled user account after 13 days since satisfaction your objection.
In addition, we reserve the right to terminate your Account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Service in case of unexpected technical issues or discontinuation of the Service.
You have the right to terminate your account at any time. Upon the termination, we will delete all the information of your account after such termination and all of the rights granted under these Terms will immediately come to an end; and all of the Client’s data and content may be deleted from our systems immediately. Termination of the Account will include denial of access to all Services. The Client’s content cannot be recovered once their Account is cancelled.
If dropapin breaches its obligations under these Terms, you will be entitled to prorated refund of any prepaid fees.