Effective date: 29.11.2023
These Trial Terms and Conditions (the “Terms”) govern your access and use of the GPS-Trace Software and shall refer to Forguard Application and its web-version for a trial period (collectively the “Services”). These Terms are a legally binding contract between you and Gurtam UAB (“Gurtam”), and its subsidiaries (collectively, the “Gurtam Group” or “we” or “us” or “our”). Your access and use of the Services for a trial period is conditioned on your acceptance of and compliance with these Terms. If you disagree with any part of these Terms, then you may not access the Services. Please read them carefully and make sure you understand them. These Terms come into force from the date of full and unconditional acceptance of these Terms by You without any exemptions and reservations, or the date of any action made by You that indicates Your consent with these Terms. The fact of unconditional acceptance of these Terms by You and the fact of accession to these Terms is Your accessing or using of any function, feature of the Services [or by clicking to accept or agree and abide by these Terms and/or free trial period notice when this option is made available to You or take similar action to signify your unconditional acceptance of these Terms].
- SERVICES. We will use our best efforts to provide you the Services, on the condition and so long as you comply with these Terms, but no later then the term prescribed in Section 12 hereof. Except as otherwise provided herein, provided rights to use the Services are non-assignable and non-transferable. Provision of the Services to you is non-exclusive.
- PURPOSE OF USE. The Services provided under these Terms could be used exclusively for non-commercial purposes, any commercial or business activities are strictly prohibited.
- OWNERSHIP. The Services are protected by copyright and other intellectual property rights. You acknowledge that all right, title and interest in and to the Services and all underlying software, technology and other intellectual property belong exclusively to Gurtam Group.
- RESTRICTIONS. To the fullest extent permissible under applicable law, you agree not to: (a) disclose, transfer or transmit in any manner any elements of the Services whether temporarily or permanently; (b) copy any feature, design or graphic in the Services; (c) attempt to circumvent any security device or access or derive the source code or architecture of the Services; (d) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any software elements of the Services; (e) use or access the Services in order to build a competitive solution or to assist someone else to build a competitive solution; (f) load or penetration test the Services or otherwise use the Services in any way that is, or could reasonably be expected to be, detrimental to our ability to provide Services to any other user; (g) use the Services in a manner that violates any applicable law, ordinance, regulation or administrative order; or (h) permit any third party to do any of the foregoing.
- UPDATES AND PATCHES. We shall continuously improve the Services and may, from time to time, cause software updates to be installed with or without prior notification to you or provide access to updates through our website and/or Apple App Store and/or Google Play. You hereby consent to such automatic installations and agree to use only the updated version once it has been installed.
- NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY AS TO THE FUNCTION OR USE OF THE SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR PARTICULAR PURPOSE, NO WARRANTIES AS TO THE USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE AND/OR FREE FROM ERROR; WE DOES NOT REPRESENT AND WARRANT THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICES USE WILL BE ACCURATE AND/OR RELIABLE. WE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL MEET YOUR REQUIREMENTS.
- LIABILITY. The maximum aggregate liability of Gurtam and/or Gurtam Group under or in connection with these Terms or relating to the Services, whether in contract, tort (including negligence), breach of statutory duty or otherwise, must not exceed an amount equal to the 10 EUR.
- INDEMNIFICATION. UNLESS PROHIBITED BY APPLICABLE LAW, YOU SHALL INDEMNIFY AND HOLD HARMLESS GURTAM GROUP FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITIES, COSTS, LOSSES AND EXPENSES (INCLUDING REASONABLE LEGAL COSTS AND FEES) ARISING FROM OR RELATED TO ANY CLAIM, DEMAND, COMPLAINT OR ACTION BY A THIRD PARTY ARISING OUT OF OR INCIDENT TO: (A) YOUR ACTIONS OR FAILURE TO ACT UNDER OR RELATED TO THESE TERMS; OR (B)YOUR BREACH OF ANY APPLICABLE TERMS INCORPORATED HEREIN BY REFERENCE.
- LAW. The Terms and any disputes arising out of or related hereto, will be governed exclusively by the laws of the Republic of Lithuania. The Courts of Lithuania will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to the Terms, or its formation, interpretation or enforcement.
- SEVERABILITY. The Terms will be enforced to the fullest extent permitted under applicable law. If any provision of the Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Terms will remain in effect.
- TERM. The access to the Services under these Terms becomes effective when you have accepted these Terms or start using the Services, whichever occurs earlier. The Services will be available to you on a trial basis free of charge until the earlier of (a) the end of the provided free trial period determined according to Section 4. Duration of the notice regarding trial period, or (b) the effective date of your entering into an agreement in order to use any payable Services or (c) termination in the cases specified in Section 12 of these Terms.
- SUSPENSION AND TERMINATION. You may stop using the Services at any time. We may suspend or stop your access to the Services if you materially or repeatedly are in breach of the Terms, or if we are investigating suspected misconduct. In most cases we will give you prior notice before we suspend or disable your access unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for us or our affiliates; (b) would compromise an investigation; (c) would compromise the operation of the Services; or (d) would cause harm to any user(s).
- DATA RETENTION. We will not retain any of your data after the termination of your access to the Services. All data is deleted from our server at the time the access to the Services under these Terms is terminated, unless (a) you enter into an agreement in order to use any payable Services, or (b) export such data, before the end of the trial period. We will not restore, record to any data storage device, or send out any data pertaining to terminated accounts. Any data that is input and stored in your account to use the Services during your free trial period will be permanently lost.
- MODIFICATIONS OF THESE TERMS. We may modify any part or all of these Terms Agreement from time to time. We will notify you of this revision by email and/or through Services. The revised version will become effective and binding the next business day after this notification.