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Terms and conditions

Effective July 29, 2020

Introduction

DailyRoads SRL (“DailyRoads”, “us”, “we”, or “our”) operates the DailyRoads Tracking service at https://tracking.dailyroads.com/ (hereinafter referred to as “Service”). These Terms of Service (hereinafter referred to as “Terms”) govern your use of the Service.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound by them. If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at tracking@DailyRoads.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

DailyRoads Tracking application

The Service combines GPS, wireless and web technologies to enable fleet dispatching, workforce management and activity reporting. For DailyRoads to provide these services, the web portal has to periodically receive the GPS location of your wireless devices. The “wireless device” or “GPS hardware” means any device able to provide positioning information where the DailyRoads Tracking app is installed (typically smartphone, tablet, car stereo or head unit).

In using the Service, you allow your and/or your employees’ GPS hardware to be located; and these locations to be recorded, compiled, stored and displayed. You may also transmit commands from the web portal to your and your fleet’s GPS hardware and upload photos and videos from the app. The usage of the DailyRoads Tracking app is free to use within a Service account. Use of the Service includes download of the DailyRoads Tracking app to your wireless device and any upgrades, modifications, or additions thereto (collectively, "DailyRoads Tracking"), but does not include any hardware device, nor a data plan. The device where the app is installed needs to have access to a data plan (with roaming included, if you or your fleet travel outside the coverage of the primary network provider). You are responsible for any fees incurred by your network provider to access and use all the features of the Service, including any data plan charges, toll, out-of-area, roaming, or other telephone connection charges. Standard messaging rates and other charges may apply when using certain features in the Service. The Service and the DailyRoads Tracking app are for your internal business and personal use and are not for resale or other transfer or disposition to any other person or entity.

For DailyRoads to provide the Service, the DailyRoads Tracking app must record your route information, including your point of origin, the address of your destination, the starting and ending time of your trip, and the route you are instructed to follow, and must periodically receive your GPS location from the GPS hardware associated with your wireless device, as well as continuously record and compile data regarding the location of your GPS and wireless devices. In using Service, you allow DailyRoads to access your GPS hardware and otherwise obtain this location and route information, and to record, compile and display such information internally.

You are responsible for ensuring that you and your drivers drive safely, observe all traffic rules and use their own personal judgment while driving. You agree to comply with the following when using the DailyRoads Tracking app:

  • Observe all traffic laws and otherwise drive safely.
  • Do not use the app and its settings, or otherwise interact with the Service, unless your vehicle is stationary and parked in a safe place. Safe place means there is no possibility to be endangered by other vehicles on highways, roads or in lanes.
  • Do not use the DailyRoads Tracking app for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement.
  • Arrange all GPS and wireless devices and cables necessary for use of the DailyRoads Tracking app in a secure manner in your vehicle so that they will not interfere with your driving and will not prevent the operation of any safety device (such as an airbag).

Software license

Subject to your compliance with the terms of this Agreement, DailyRoads hereby grants to you a personal, non-exclusive, non-transferable license to: (i) download or otherwise copy the DailyRoads Tracking app onto your wireless device; (ii) use the DailyRoads Tracking app (in object code form only) on such wireless device in order to access and use the Service. This license shall terminate upon any termination of this Agreement, or upon any suspension, termination or cancellation of your access to the Service.

Except for the limited license expressly granted herein, DailyRoads shall own all rights, title and interest in and to the DailyRoads Tracking app, including without limitation all intellectual property rights therein. You agree not to do any of the following:

  • Reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the DailyRoads Tracking app, or any part thereof.
  • Attempt to derive the source code, audio library or structure of the DailyRoads Tracking app without the prior express written consent of DailyRoads.
  • Remove from the DailyRoads Tracking app, or alter, any of DailyRoads's or its suppliers' trademarks, trade names, logos, patent or copyright notices, or other notices or markings.
  • Distribute, sublicense or otherwise transfer the DailyRoads Tracking app to others, unless you have a distribution contract signed between you and DailyRoads.

Communications

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at tracking@DailyRoads.com.

Purchases

If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.

You represent and warrant that:

  • you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase;
  • the information you supply to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Contests, sweepstakes and promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

Subscriptions

Some parts of Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal either through your online account management page or by contacting tracking@DailyRoads.com customer support team.

A valid payment method is required to process the payment for your subscription. You shall provide DailyRoads with accurate and complete billing information that may include but is not limited to full name, address, state, postal or zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize DailyRoads to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, we reserve the right to terminate your access to the Service with immediate effect.

Fee changes

DailyRoads, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

We will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Cancellations and refunds

If you have placed an order on our website and need to cancel your purchase, you may do it in thirty (30) days from your purchase. Your subscription will be automatically deactivated and data collected in the meantime will not be available for you anymore

To cancel your purchase, please contact DailyRoads support at tracking@DailyRoads.com. If the Service wasn't what you expected or you were unable to enjoy it for some reason, we'll be happy to get your money back to you as soon as possible. We thrive to respond in a matter of days, but to cover all periods of the year, your refund request will be considered and replied within fourteen (14) business days after we receive your email.

Refunds are processed to the same credit/debit card or PayPal account used at the time of purchase. We do not provide refunds via cash, check, or other payment methods. We can only refund purchases that have happened in the last 30 days to the original payment card or PayPal account.

Prohibited uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

  • In any way that violates any applicable national or international law or regulation.
  • To track a person without their permission or the object without the owner`s permission (hidden tracking).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
  • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

  • Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
  • Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
  • Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of Service.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
  • Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
  • Take any action that may damage or falsify Company rating.
  • Otherwise attempt to interfere with the proper working of Service.

Analytics

We use third-party Service Providers to monitor and analyze the use of our Service. The services contained in this section enable us to monitor and analyze web traffic and can be used to keep track of User behavior.

Google Analytics is a web analysis service provided by Google and utilizes the Data collected to track and examine the use of this Application, to prepare reports on its activities and share them with other Google services.

Google may use the Data collected to contextualize and personalize the ads of its own advertising network.

Personal Data processed: Cookies; Usage Data.

No use by minors

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual property

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of DailyRoads and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of DailyRoads.

Copyright policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to tracking@DailyRoads.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

DMCA notice and procedure for copyright infringement claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on Service where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at tracking@DailyRoads.com.

Error reporting and feedback

You may provide us either directly at tracking@DailyRoads.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”).

You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback.

In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

Other web sites and services

DailyRoads uses products and services from various other companies and may contain links to third party web sites or services that are not owned or controlled by DailyRoads.

DailyRoads has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms of service and privacy policies of any third party web sites or services that you visit.

Disclaimer of warranty

These services are provided by company on an “as is” and “as available” basis. Company makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content or materials included therein. You expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk.

Neither company nor any person associated with company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither company nor anyone associated with company represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.

Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation Of liability

Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if company has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. Some states do not allow the exclusion or limitation of punitive, incidental or consequential damages, so the prior limitation or exclusion may not apply to you.

Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, please send a mail to tracking@DailyRoads.com from the email address registered with your account. All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing law

These Terms shall be governed and construed in accordance with the laws of Romania, which governing law applies to agreement without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

Changes to service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

Amendments to terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

Waiver and severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

Force Majeure

DailyRoads is not liable for failure to perform the Service if such failure is a result of:

  • Natural disasters, such as earthquakes, storms, hurricanes, floods, tornados and fires.
  • Human events, such as wars, civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, labor dispute, strike, riots invasion, act of foreign enemies, hostilities (regardless of whether war is declared), or other major upheavals.
  • Performance failures outside the control of the DailyRoads, such as lockout or interruption or failure of electricity, disruptions in telephone service attributable to the telephone company, unavailability or failure of cloud environment, supplier problems (product unavailable) or any other missing or failed infrastructure crutial for DailyRoads Service running.
  • Restrictions related to the regions where DailyRoads ’s HQ or local office is located, such as government restrictions (denial or cancellation of a necessary license), or government sanction, blockage, or embargo.

DailyRoads will exercise reasonable efforts to prevent such occurrences and minimize delay or damages caused to the solution environment, but in no event will DailyRoads be liable for any financial or other damages due to such change.

If the cause for Force Majeure status cannot be removed for a long time bases and despite undertaken efforts, DailyRoads can permanently terminate the service.

Acknowledgement

By using this service or other services provided by us, you acknowledge that you have read these terms of service and agree to be bound by them.

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