1. USING OUR SERVICE
1.3 The provider of the Service is Decos Mobile Solutions B.V. a company established under the laws of the Netherlands with its address at Huygensstraat 30, 2201DK Noordwijk; registration number Chamber of Commerce 51211904; VAT number NL823166004B01.
1.4 The Service is intended for users over 18 years old. If you are not 18 then please do not use the Service.
2. USER ACCOUNTS
2.1 To use the Service you need to create an account either by (i) providing us with an acceptable username and email address, and creating a password; or (ii) logging in with credentials from connected 3rd party accounts, e.g. Facebook, Twitter, Google, LinkedIn, or as indicated from time to time.
2.2 You are responsible for maintaining the accuracy, completeness and confidentiality of your login information or credentials, and you will be responsible for all activities that occur using your account, even if not authorized by you. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account information secure.
2.4 If you discover any unauthorized use of your account or suspect that anyone may be able to access your account, you should immediately change your password and notify our Customer Support team.
3.1 The information on your profile should always be truthful and accurate.
3.2 We reserve the right to take down, store, edit, correct, and/or permanently delete any material, documents or items posted in your profile or account or stored with us using the Service that we believe to be in breach of these Terms, or as required by law or any public authority.
4. INTELLECTUAL PROPERTY AND LICENSE
4.1 In order to use the Service, you need to install our application software on your compatible device (Android devices or iPhones).
4.3 You may not undertake or permit the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any part of our Service or software, except as specifically permitted by law or with our written permission. You must not remove, obscure, make illegible or alter any notices or indications of the rights and ownership of the software or service. You must not export the software to any territory where this is not permitted under applicable laws.
5. USE OF THE SERVICE
5.1 Obtaining devices for use with the Service and paying for their connectivity and data plans or charges is always your responsibility and not included in any of our charges, including roaming charges if you are outside your home country.
5.2 The Service uses the Internet and other communications services which may be subject to failures and delays. We cannot guarantee that you will always be able to connect to or communicate using the Service, that all your communications will always be delivered to other users nor that such communication will be without disruptions, delays or communications-related errors.
5.3 You must use the Service only for the purposes indicated (i.e., use the app for information gathering about your drive style) and not for any illegal purposes. In particular you must not (a) intercept, monitor, interfere with or modify communications not intended for you, (b) hack, disrupt or gain unauthorized access to any network or system, (c) impersonate any other person or use their account or login details, (d) store or distribute any type of virus, Trojan-horse, time bomb or any other harmful code or material, (e) send spam, (f) collect or harvest personal information from others, (g) harass or threaten anyone, (h) expose anyone to material that is offensive, defamatory, harmful to minors, indecent, illegal, in breach of third party rights or otherwise objectionable, (i) undertake any activity that is in contrary to the law, public order, or public morality.
5.4 We or our third party providers may deliver advertisements within the Service. Any contacts with advertisers are made at your own risk and subject to their applicable terms of service or sale and privacy policies which may differ from ours.
5.5 We will use best efforts to protect the privacy and proper functioning of your device and communications, but do not give any guarantees in this respect.
6. PREMIUM SERVICES
6.1 If you wish to use Premium Services (which require payment), payments must be made exclusively in the way(s) indicated by us from time to time, including through external service providers. You will need to agree to any specific terms presented by such providers at the moment of making a payment, including those relating to personal data processing, which may differ from ours.
6.2 You are solely responsible for any charges incurred using your account.
6.3 If you have not already begun to use the applicable Premium Services purchased directly from us, then depending on the type of service you may be entitled to a full refund provided you contact us to claim this within seven working days of purchase. Otherwise, all purchases are final and no refunds are available.
6.4 Unless otherwise specified, rates do not include VAT, and if we are required to charge it, then Netherlands VAT at the applicable rate will be added to the cost of Premium Services that are purchased directly from us.
7. CONTENT TRANSMITTED USING THE SERVICE
7.1 When you publish and send us content using the Service, you retain all your rights as owner of that content. However, you give us permission (a license) to use that content to provide the Service, until you decide to delete it from our platform or you delete your account.
7.2 In case problems arise, you should always keep a back-up copy of anything you place on the Service. Note that while we take all reasonable care to secure content, we cannot guarantee that your content will not be lost or corrupted not that a third party will not ever access your content.
7.3 You take full responsibility for the information you share with other users or place on the Service.
7.4 You can contact us to report any other user’s profile or content that you believe is inappropriate or illegal.
8. DURATION OF THIS AGREEMENT
8.1 This Agreement starts from the date on which you accept it by (i) indicating your acceptance electronically, or (ii) using the Service, and will remain in force until terminated by you or us as set out below.
8.2 We may at any time without notifying you restrict, suspend or terminate your use of any version or element of the Service including the premium Service, and/or any licenses granted hereunder, and/or suspend or cancel your account, if we reasonably believe you have breached any provision contained or referred to in these Terms, infringed someone else’s rights (e.g. copyrights, intellectual property, or privacy rights), or engaged in any fraudulent, immoral or illegal activity. In addition we may suspend or close your account due to: (i) an extended period of inactivity (determined in our sole discretion), (ii) your non-payment of any fees due to us or any other party related to your use of the Service, (iii) the withdrawal or major modification of any part of the Service; or (iv) legal, technical or security issues.
8.3 In most cases if we close your account we will provide at least 30 days advance notice to you at the email address you have provided to us or connected to your third party login credentials, so you have a chance to retrieve any content stored on our servers (unless we determine that we are prevented legally from permitting this). After the expiry of this notice period, you will no longer be able to retrieve content contained in that account or otherwise use the Service through that account.
8.4 You may terminate this Agreement immediately effect at any time by deleting your account. Note that account re-activation is not supported, so in particular it is not possible to re-enable any premium services.
8.5 Upon termination of this Agreement for any reason (a) all licenses and rights to use the Service will terminate, and (b) you must stop making any use of the Service and software, and (c) you must remove the software from all devices or storage media or under your control; (d) any ongoing subscriptions you have purchased will automatically end without any right to reimbursement.
9. YOUR IDEAS AND SUGGESTIONS
When you send any ideas, suggestions, documents or proposals to us, this means that you agree that: (i) such contributions do not contain confidential or proprietary information, so we are not under any obligation of confidentiality; (ii) we are freely entitled to use or disclose such contributions for any purpose, in any way; (iii) we may have something similar already under consideration or in development; (v) such contributions automatically become ours without any obligation to pay you, publicize your name, obtain any further permission or make any payment to you or any other person.
10.1 Changes in these Terms will be made from time to time, due to changes in our Service or applicable laws. If we make a change, we will do our best to provide you with advance notice, although in some situations, such as where a change is required by law, a change may need to be effective immediately. We will announce changes on our website, and we also may try to notify you of changes by email to the address you have provided to us.
10.2 If we do update these Terms, you are free to decide whether to accept the terms or to stop using our Service. Continuing to use the Service after the update represents your agreement to be bound by the new Terms.
10.3 Except as described here, no other amendment or modification of these Terms will be effective unless in a separate written agreement signed by you and us.
11. LIMITATION OF LIABILITY
11.1 The service is provided “as is”. We hereby exclude all warranties, whether express, implied or statutory, with respect to the service, including, without limitation, warranties of quality, performance, non-infringement, merchantability, or fitness for use or any particular purpose or requirement. We do not represent or warrant that the service will always be available, accessible, uninterrupted, timely, secure, accurate, complete and error-free or will operate without message, file or packet loss, nor do we warrant any connection to or transmission from the internet or any fixed or mobile communications network, or any quality, accuracy or reliability of communications made through the service.
11.2 You agree that we, our related companies, licensors and staff will have no liability in connection with or arising from your use of or inability to use the service, whether in contract, warranty, tort (including negligence), product liability or any other form of liability, including for any indirect, incidental, special or consequential damages (including without limitation any loss of profit, contract, business, goodwill or data, computer failure or pecuniary loss), even if we, our related companies or staff have been advised of the possibility of such loss.
11.3 You also agree that the channels and stores distributing the software are not responsible for and shall have no liability whatsoever in relation to the service including without limitation in relation to the sale, distribution or use, performance or non-performance thereof, product liability, third party intellectual property claims, non-compliance with any applicable warranty, law or regulation (including consumer protection and similar legislation), and any content included therein.
11.4 Your only right or remedy with respect to any problems or dissatisfaction with the service is to de-install and cease use of such service, save in respect of service purchased from a distribution channel, in which case if such service fails to comply with any applicable warranty, you may be entitled to contact such distribution channel and request a refund of the purchase price as its exclusive obligation in accordance with its applicable terms and conditions.
11.5 To the extent permitted by law, our total aggregate liability including that of our suppliers, licensees, distribution channels and staff, for any claim relating to or connected with the service, the software or this agreement is limited to the greater of fifty euros or the amount you have paid us to use the services giving rise to the liability.
11.6 We do not endorse or warrant, and accept no liability for any contact, correspondence, transactions or loss and damage that may arise between you and any third party through the service or our website, whether or not such third party advertises within the service or our website.
11.7 To the extent that any jurisdiction does not permit any of the exclusions or limitations set out above, some of these exclusions or limitations may not apply to you and our liability will in that case be limited as far as possible under applicable law.
12. GENERAL PROVISIONS
12.1 If any term or provision hereof is found to be invalid, void or unenforceable this will not affect the other terms of this Agreement, which shall remain in full force and effect.
12.2 The failure or delay by us to require performance of any provision hereof will not affect our right at a later time to enforce such provision, or act as a waiver, unless such waiver is in writing and signed by us.
12.3 You cannot assign this Agreement or any rights or obligations hereunder. We may assign this Agreement or any rights or obligations hereunder to any person, without notice.
12.5 This Agreement shall be governed by and construed in accordance with the laws of the Netherlands, without giving effect to any conflict of laws, but without depriving you of the benefit of any consumer protection rules that must be given to you in accordance with the terms of any international treaty.
12.6 Any legal proceedings arising out of or relating to this Agreement will be subject to the jurisdiction of the courts of the Netherlands, district of Leiden.