Trackimo + Terms of Service
Effective Date: 1 September 2018
Last Updated: 1 September 2018
1. Use of Web Site, Mobile Applications, and our Service
a. The "Service" is Trackimo's mobile applications and website located at Trackimo.com , as each may be updated, relocated, or otherwise modified from time to time, including through networks, embeddable widgets, downloadable software, and tablet computer applications, and all intellectual property contained therein. The Service provides a GPS-GSM device allowing you to find and track the device with a network (the "TRACKIMO Network") through which Trackimo can provide locations (each, a "Location") to consumers. Any person who accesses and/or uses the Tarckimo Network to locate a device on his or her own behalf, or on behalf of any third party, will be referred to herein as a ("Trackimo Member").
b. Subject to the terms and conditions of this Agreement, THE COMPANY hereby grants you a limited revocable, non-exclusive, non-transferable license to access and use the Service, solely in the manner intended by THE COMPANY. Unless otherwise specified in writing, the Service is solely for your personal use and not for resale. THE COMPANY reserves the right at all times and without notice to: (i) restrict and/or terminate your access to the Service (or any portion thereof); and (ii) modify or discontinue providing the Service (or any portion thereof).
2. Registration, Accounts, Passwords and Security
a. Trackimo Members. In order to become a Trackimo Member, you must complete the registration process by providing THE COMPANY with current, complete and accurate information, as prompted by the applicable registration form.
b. Accuracy of Information. You acknowledge that in the event you provide any information to THE COMPANY which is untrue, inaccurate, not current or incomplete, THE COMPANY may terminate this Agreement and your continued access and use of the Service.
c. Eligibility. You represent and warrant that you are at least eighteen (18) years of age, that you have not been previously suspended or removed from the Service, and that you possess the legal right and ability to enter into this Agreement. If you are using the Service on behalf of an individual, company, entity, or organization, you represent and warrant that you are an authorized representative of such party with the authority to (i) bind such party to this Agreement, and (ii) agree to be bound by the Agreement on behalf of such party. THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13 OR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY THE COMPANY. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. While individuals under the age of 18 may use the Trackimo services through the Service by a parent or legal guardian (who must also supervise the Trackimo device), such individuals may not use the Service themselves.
d. Credentials. As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account's identification details and password. You agree to notify THE COMPANY immediately of any unauthorized use of your account or any other breach of security. To notify us, contact us at info@Trackimo.com You are responsible for all use of the Service occurring under your user name. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. THE COMPANY will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by THE COMPANY or another party due to someone else using your account or password.
3. Your Responsibilities
a. You may use the Service solely for lawful, non-commercial purposes, as intended through the provided functionality of the Service. You may not use the Service in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you expressly agree that you will not (and you agree not to allow or assist any third party to):
i. use, copy, install, transfer or distribute the Service, except as specifically permitted by this Agreement;
ii. modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service or its Content (as defined below);
iii. remove or alter any copyright, trademark or other proprietary rights notices contained in or on the Service or in or on any content or other material obtained through the Service or the use of the Service;
iv. create user accounts by automated means or under false or fraudulent pretenses;
v. use any robot, spider, screen or database scraper, site search or retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Service;
vi. probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;
vii. reformat, mirror, or frame any portion of the web pages that are part of the Service;
viii. reformat, mirror, or frame any portion of the web pages that are part of the Service;
ix. transmit (A) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights, (B) any material, non- public information about individuals or companies without the authorization to do so, (C) any trade secret of any third party, and/or (D) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding;
x. transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
xi. harvest or collect information about other users without their prior written consent;
xii. undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Service, including Content, or attempt to do any of the foregoing, except and solely to the extent permitted by this Agreement, the Service's authorized features, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by THE COMPANY;
xiii. access, tamper with, or use non-public areas of the Service, THE COMPANY's (and its hosting company's) computer systems and infrastructure, or the technical delivery systems of THE COMPANY's providers;
xiv. harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including THE COMPANY employees and other users;
xv. create a new account with Trackimo, without THE COMPANY's express written consent, if THE COMPANY previously disabled an account of yours;
xvi. solicit, or attempt to solicit, personal information from other users, except as permitted through the Service's functionality;
xvii. restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about users;
xviii. gain unauthorized access to the Service, to other users' accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service;
xix. violate any applicable federal, state or local laws, regulations or this Agreement;
xx. use the Service for any illegal, inappropriate and/or unauthorized conduct, including without limitation, using the Service in violation of THE COMPANY's or any third party's intellectual property or other proprietary or legal rights; or
xxi. use or access the Service to build a competing service.We may take any legal action and implement any technical remedies to prevent the violation of these provisions and to enforce this Agreement.