General age limitation. You must be at least 16 years of age to use the Service. To the extent prohibited by applicable law, we do not allow use of the Service by Users younger than 16 years old. If you are aware of anyone younger than 16 using the Service, please contact us (for contact information, please, see How to Contact Us Section) and we will take reasonable steps to preclude such person from using the Service. If you are under 18 years of age (or the age of legal majority where you live), you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such User in connection with the Service. If you are using the Service on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
You represent and warrant that you have the full power and authority to enter into this agreement and that in doing so you will not violate any other agreement to which you are a party. You further agree to use the Service in compliance with all applicable laws.
If you need to create an account to use the Service, then you also:
a) represent and warrant that you previously did not have an account, the use of which was terminated due to violation of the Terms, that is you have not been previously suspended or removed from using the Service;
b) represent and warrant that you have never been convicted of a crime that involved stalking someone or interfering with another person’s privacy.
To access and use some Services, you may need to create a User Account.
Your access to the Service will be terminated and your Account will be deleted immediately, without prior notice from Gurtam, in the event that You fail to comply with any provision of these Terms, including but not limited to the use of the Service for illegal purposes.
If any rule of using the Service is under the suspicion of being violated in accordance with these Terms, Gurtam has the right to suspend access to the Service until suspicions are resolved or the account is deleted in connection with the confirmation of a violation of the rules.
By submitting any User Content in connection with the Service, you agree that you will not upload, store or otherwise transmit any User Content that:
(a) violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
(b) you know to be false, misleading or inaccurate;
(c) contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity;
(d) contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd;
(e) violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them;
(f) advocates violent behavior;
(g) poses a reasonable threat to personal or public safety;
(h) contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitative, prurient, or gratuitous purposes;
(i) is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by Gurtam, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or storing any further material on the Service;
(j) contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
(k) uses the name or likeness of an identifiable natural person without such person’s consent;
(l) contains data on the location of a third party or his property (for example, car) without his consent of such a person.
By creating an account, the User grant to Gurtam the right to store, process, modify and delete User Content in order to ensure the operation of the Service.
Except for User’s content created and stored by User, the User agrees that the Service and all software, the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, page headers, button icons, scripts, service marks, logos, slogans, filters, tools, user generated tools and other content contained within the Service (collectively, “Service Content”) are owned by us or licensed to us and are protected under both Lithuania and foreign laws.
Except as explicitly stated in these Terms, we and our licensors reserve all rights in and to the Service and the Service Content. Except as expressly provided herein, nothing in these Terms shall be deemed to create a license to Service Content. Use of the Service Content for any purpose not expressly permitted by these Terms is strictly prohibited.
Our license to User. Subject to the terms and conditions of these Terms, Gurtam grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to Use the Service and the Service Content for your own personal use (“User License”), including accessing and viewing Service Content, as expressly permitted by the features of the Service; however, such User License is subject to these Terms and does not include any right to:
(i) sell, resell or commercially use Service or the Service Content;
(ii) copy, reproduce, distribute, publicly perform or publicly display the Service Content, except as expressly permitted by us or our licensors;
(iii) modify the Service Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of Service or the Service Content, except as expressly set forth in these Terms;
(iv) use any data mining, robots or similar data gathering or extraction methods;
(v) Use the Service or the Service Content other than as expressly provided in these Terms.
Except for the rights and licenses expressly granted herein, Gurtam reserves all other rights and no other rights are granted by implication or otherwise.
Any Use of the Service or the Service Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the User License granted under these Terms. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service Content.
Gurtam may terminate this license at any time for any reason or no reason.
Restrictions on Use. User agree that he/she will not use any robot, spider, scraper or other automated means to access the Service for any purpose without our express written permission. Additionally, User agree that he/she will not engage in any of the following prohibited activities:
(a) take any action that imposes or may impose (in Gurtam’s sole discretion) an unreasonable or disproportionately large load on our infrastructure;
(b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content User have stored to the Service) from the Service, any software code that is part of the Service, or any services that are offered on the Service without our express written permission;
(c) interfere or attempt to interfere with the proper operation of the Service or any activities conducted on the Service;
(d) bypass any measures Gurtam may use to prevent or restrict access to the Service or any subparts of the Service including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein;
(e) transmit spam, chain letters, or other unsolicited communications;
(f) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
(g) upload invalid data, viruses, worms, or other software agents through or to the Service;
(h) collect or harvest any personally identifiable information from the Service;
(i) access any content on the Service through any technology or means other than those provided or authorized by the Service;
(j) impersonate another person or otherwise misrepresent User’s affiliation with a person or entity,
(k) conduct fraud,
(l) hide or attempt to hide User’s identity;
(m) directly or indirectly, advertise or promote another website, product, or service or solicit other Users for other websites, products or services.
Changes, Termination, and Suspension. Gurtam may, without prior notice, change the Service; stop granting an access to the Service or features of the Service, to User or to Users generally; or create usage limits for the Service. At its sole discretion, Gurtam may permanently or temporarily terminate or suspend User’s access to the Service without notice and liability for any reason, including if in our sole determination User has violated any provision of these Terms, or for no reason. Upon termination for any reason or no reason, User continues to be bound by any of these Terms, which by their nature should survive termination, shall do so.
Use Conditions relating to the operation of the Service. The User agrees to the conditions relating to the operation of the Service set forth in the Appendix to the Terms, if any additional conditions exist.
(A) YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE GURTAM GROUP, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS DO NOT WARRANT THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, NOR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, OR SERVICE, PROVIDED THROUGH THE SERVICE.
(B) THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.
(C) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE GURTAM GROUP, OR ITS FUTURE PARENT OR AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE SERVICE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SERVICE, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SERVICE. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE GURTAM GROUP OR FUTURE PARENT OR AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT THE GURTAM GROUP OR FUTURE PARENT OR AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITES OR ANY OTHER THIRD PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
(D) As we care deeply about the security of your personal data we implement a variety of technical, organizational and legal security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your Personal Data. We cannot, however, ensure or warrant the absolute security of any information you transmit to Gurtam or guarantee that your information on the Service may not be accessed, disclosed, altered, or destroyed by a breach of any of our physical, technical, or managerial safeguards.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless us and each of our respective officers, directors, agents, partners and employees of the Gurtam Group (individually and collectively, “Gurtam Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to:
(i) your Use of the Service;
(ii) your User Content or Feedback;
(iii) your violation of these Terms;
(iv) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights);
(v) your conduct in connection with the Service.
You agree to promptly notify the Gurtam Parties of any third party Claims, cooperate with the Gurtam Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Gurtam Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us or the other Gurtam Parties.
These Terms shall be governed by, construed and enforced in accordance with the laws of Lithuania.
Any and all claims, disputes or controversies arising under, out of, or in connection with Terms, breach, termination or validity thereof, which have not been resolved by good faith negotiations between Gurtam and you within period of thirty (30) calendar days after receipt of a notice from one party to the other requesting negotiations shall be resolved by final and binding arbitration in the Vilnius Court of Commercial Arbitration in accordance with its Rules of Arbitration as in force and effect on the date of these Terms. Disputes shall be settled by a single arbitrator. Arbitration proceedings shall be held in Vilnius, Lithuania. The place of arbitration shall be Vilnius, Lithuania. The language of arbitration shall be English. Relevant documents in other languages shall be translated into English if the arbitrators so direct. All expenses and costs of the arbitrators and the arbitration in connection therewith will be shared equally, except that Gurtam and you will each bear the costs of its own prosecution and defense, including without limitation attorney’s fees and the production of witnesses and other evidence. Any award rendered in such arbitration shall be final and may be enforced by either party.
The parties agree to keep all details of the arbitration proceedings and arbitral award strictly confidential and shall use all reasonable efforts to take such action as may be appropriate to prevent the unauthorized disclosure of the proceedings, any information disclosed in connection therewith and the award granted.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR SERVICE MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND THE GURTAM GROUP WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
By using the Service, you also consent to receive electronic communications from us (e.g., via email or by posting notices on the Service). You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including but not limited to that such communications shall be in writing.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The following terms apply if you use the Service on any device that contains the iOS mobile operating system developed by Apple Inc. (“Apple”).
Acknowledgement. You acknowledge that these Terms are concluded solely between you, and not with Apple, and us, not Apple. We are solely responsible for the Service and the content thereof. You further acknowledge that the usage rules for the Service are subject to any additional restrictions set forth in the usage rules for the Apple App Store terms of service as of the date you download the Service, and in the event of any conflict, the usage rules in the Apple App Store shall govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Apple usage rules.
Scope of License. The license granted to you is limited to a non-transferable license to use the Service on any iPhone, iPod touch or iPad that you own or control as permitted by the Apple usage rules set forth in the Apple App Store terms of service.
Maintenance and Support. You and us acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the Service by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service. You and the Gurtam Group acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of the Gurtam Group. However, you understand and agree that in accordance with these Terms, the Gurtam Group has disclaimed all warranties of any kind with respect to the Service, and therefore, there are no warranties applicable to the Service.
Product Claims. You and the Gurtam Group acknowledge that as between Apple and the Gurtam Group, the Gurtam Group, not Apple, is responsible for addressing any claims relating to the Service or your possession and/or use of the Service, including, but not limited to (i) product liability claims, (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights. You and the Gurtam Group acknowledge that, in the event of any third party claim that the Service or your possession and use of the Service infringe third party’s intellectual property rights, the Gurtam Group, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
Developer Name and Address. Any questions, complaints or claims with respect to the Service should be directed to:
9-ojo Forto g.47, 2nd floor, 2-26, LT-48100 Kaunas, Lithuania
Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the Service.
Third-Party Beneficiary. You and the Gurtam Group acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof).
9-ojo Forto g.47, 2nd floor, 2-26, LT-48100 Kaunas, Lithuania.
15.1. Platform Applications. If the User uses Ruhavik application or its web-version (hereinafter in this Section 15 "Ruhavik") and/or Petovik application or its web-version (hereinafter in this Section 15 "Petovik") and/or Partner Panel (hereinafter in this Section 15 "Partner Panel") and/or the websites of the Service requiring creation of an account (hereinafter in this Section 15 “Platform Applications”), the User agrees to the following:
(a) The User account is one for all Platform Applications.
(b) After creating a User account on one of Platform Applications, the User can, if he (she) desires, get access to other Platform Application unless otherwise provided by the additional terms of a certain Platform Application.
(c) Changing User account data (for example, password, username, language) on one of the Platform Application will automatically change them on other Platform Application.
(e) User may be provided with technical support and maintenance services by Gurtam related to Platform Application(s). Gurtam does not guarantee the quality of technical support and maintenance services, including, but not limited to, does not guarantee that all your questions will be considered, that they will be considered efficiently and quickly. Gurtam does not guarantee the provision of technical support and service to you and may refuse to provide technical support at any time without prior notice.
15.2. Platform Applications limitations and restrictions. If User uses any Platform Application except Partner Panel (hereinafter in this paragraph “Application”), then the User agrees to the following conditions relating directly to the operation of the Application and the User content that was created using the Application:
(a) If the unit created within the Application has not transmitted any data at all it will be deleted automatically in two weeks.
(b) If the unit has transmitted data more than 1 year ago, this unit will be deleted automatically.
(c) Accounts that are not having units are deleted automatically after two weeks since the last login.
(d) All the accounts are deleted automatically after nine months of non-use, whether they have units or not.
(e) If the unit created within the Application or User account is deleted by the User or at his request, as well as automatically in the cases mentioned above, all information associated with this unit or this account is deleted. This information cannot be restored in the future.
(f) Gurtam also reserves the right to block and subsequently delete your account (accounts) without prior notice if provision to You the right to use the Application is no longer commercially valuable.
(g) User of Application can allow access to his(her) account in Application to the User of Partner Panel to receive subsequent assistance with his(her) account configuration. User of Application bears all responsibility related, including but not limited to, to that provision of access to his(her) account in Application and data to the User of Partner Panel.
15.3. Partner Panel.
15.3.1. Partner Panel is an application that is focused on the connections of the end customers with professionals in the installation of GPS devices. Partner Panel helps to automate the process of providing services to the end customer. Using features of Partner Panel the User is able to:
(a) pre-configure the account and tracker;
(b) can automatically assign a Promo subscription to a pre-configured account. Promo subscription is intended to demonstrate the premium features of the application and will be valid for one month after the end user activates the pre-configured account.
(c) generate a link or QR code for the end customer;
Using them, the end customer will receive a ready-made account that he/her can activate and link to his/her email address.
(d) do the diagnostic of the connection of the tracker, which allows to see errors and "raw" data from the tracker.
15.3.2. If User uses Partner Panel , then the User agrees to the following conditions relating directly to the operation of the Partner Panel and the User content that was created using the Partner Panel:
(a) In the Partner Panel, the User can create new accounts for other user(s) (hereinafter in this Subsection 15.3. “Pre-Authorised User”) in other Platform Applications and pre-configure them.
Hereinafter in this Subsection 15.3. “Activated account” means an account that was created by the User and then was transferred to the Pre-Authorised User and activated by the Pre-Authorised User.
Hereinafter in this Subsection 15.3. “Non-activated account” means an account that was created by the User and was not transferred to the Pre-Authorised User and was not activated by the Pre-Authorised User.
(b) The User bears all responsibility to the Pre-Authorised User(s) and/or User(s) for the pre-configuration that User made, subsequent assistance with its configuration when using the Platform Application when access for such assistance, including, but not limited to, was provided according to Subsection 15.2. (g) hereof, as well as for the preservation of confidential data about the Pre-Authorised User and/or User(s), which could be communicated to User by the Pre-Authorised User for creating an account or for subsequent assistance with its configuration when using the Platform Application. Any breach of the foregoing by User of Partner Panel entails Gurtam, including, but not limited to, to block and/or delete the account of that User of Partner Panel and recover Gurtam’s damages.
(c) For the Non-Activated account the following rules apply:
(i). Units in Non-Activated account are deleted in 12 months after its creation date, if they have not connected and sent no data.
(ii). Units in Non-Activated account are deleted in 24 months after its creation date or receipt of data, if they connected and sent data.
(iii). Non-Activated account is deleted in 2 months if they do not have any unit.
(iv). Non-Activated account is deleted in 24 months after its creation date, along with all created units, regardless of whether it has created units or not.
(d) The Activated account and units in them are subject to the rules of that Platform Application for which that account and units were created.
(e) The User, who doesn't have any created account or unit, is deleted in 3 months after the last use of the Partner Panel.
(f) The User, who has only Activated Account(s), is deleted in 12 months after the last use of the Partner Panel.
(g) The User is deleted in 24 months after the last use of the Partner Panel, regardless of whether he(she) has created an account or units or not.
(h) The User is deleted in 24 months after last activation of created account by Pre-Authorised User or in 24 months after first use of Partner Panel if no one created account wasn’t activated for this time.
(i) If the User account, Non-activated account, units in Non-activated account are deleted by the User or at his request, as well as automatically in the cases mentioned above, all information associated with these units or these accounts are deleted. This information cannot be restored in the future.