TERMS OF SERVICE
Last Updated: August, 2019
These Terms (“Terms”) applies to our website www. iTrakit.co (“Website”), our products and services ( “ iTrakit products “), available at our Website, our software (” iTrakit software”) and our mobile app for iOS and Android (” iTrakit App” or “App”).
These devices, Website, software and app are collectively referred to herein as “Services iTrakit”.
By accessing or using the Website or the iTrakit Services, you agree to adhere to and to be bound by the Terms.
These Terms may be modified by iTrakit: the User can read the most recent version of the Terms at any time at this page on the Site. In the event of minor changes to the Terms, which does not involve any material changes to the User rights, the modified Terms will be published on this page of the Website. In case of changes that lead to material changes in the User’s rights, iTrakit will notify the User via e-mail, or through the iTrakit Service. Any use of the iTrakit Service after the publication of an amendment implies the acceptance of the new revised Terms.
USING iTrakit SERVICE
iTrakit provides an anti-theft solution based on the real-time location of the bicycle, which helps cyclists locate their bicycle at anytime and help them retrieve it in case of theft. This solution consists of a combination of the Product iTrakit, which is an electronic device designed manufactured, distributed or sold by or on behalf of iTrakit, and a service accessible through the iTrakit App, downloadable on smartphones.
Our services are not intended for persons under 13 years and not excluded from the right to receive services under applicable laws. You can connect to the service using the iTrakit Product; iTrakit App; Software iTrakit; the Website ( “authorized Connections”).
The iTrakit Service is for personal use only. iTrakit grants you a limited, non-exclusive, non-assignable, non-transferable right to (1) access and view contents iTrakit, (2) access and use of software and applications for mobile devices provided by iTrakit Service and (3 ) use the software embedded in iTrakit products as authorized in these Terms. This license is exclusively provided for the User’s personal use, as permitted in these Terms.
CREATION OF iTrakit ACCOUNT
To access the data collected and shared by the iTrakit Product to our App, Users must create a mobile App account (” iTrakit App Account”). When creating a iTrakit App Account, some personal data are required, including email address and date of birth. Users agree to provide, maintain and update such personal information true, accurate, current and complete, and are responsible for all activities that are carried out in relation to their iTrakit Account.
iTrakit is not responsible for any loss or damage incurred as a result of a loss of confidentiality of the User credentials on the iTrakit App. You agree not to impersonate any other person or entity and / or do not make false claims about his identity, including the use of your username, password or any other information relating to the account of another person, including the name, preferences, and image. You further agree to immediately communicate at firstname.lastname@example.org any unauthorized use of your username, password or other information relating to ‘ iTrakit Account or any other breach of security of which you have come to knowledge. iTrakit reserves the right to suspend or terminate the ‘Account iTrakit and the ability to use the iTrakit Service, the occurrence of such cases.
iTrakit will contact you in order to manage the use of iTrakit Service. These communications are part of iTrakit Service, and You cannot choose not to receive it; however, You can exclude the receipt of other notices and update your e-mail address from dell ‘ iTrakit Account settings.
You can cancel your account at any time by contacting customer support, the e-mail email@example.com.
The anti-theft solution for bicycles designed and sold by iTrakit consists of a combination of an electronic device (” iTrakit Products “), designed to be installed inside the handlebar, and a service (” iTrakit Services “) available through App (“ iTrakit App”) on smartphones (not provided by iTrakit).
The full use of the Service is subject to the use of iTrakit Product, i.e. the exclusive electronic device created manufactured, distributed or sold by or on behalf of iTrakit, in connection by Bluetooth with the iTrakit App, downloadable on the User’s smartphone. iTrakit will not provide ant mobile device, so Users are informed of the fact that the maintenance and security of the smartphone can affect the performance of iTrakit Service, thus Users are responsible for ensuring the proper functionality and access to the Internet through their smartphones or other mobile devices.
You may not use the iTrakit Service without using our Product in connection with the iTrakit App: the use of any fake or counterfeit versions of the iTrakit Product or the iTrakit App is prohibited, thus iTrakit is not responsible for any problems in providing its Service. Any violation or attempted violation of this provision may result in immediate termination of all iTrakit Services.
All iTrakit Services requires the following operating systems: iOS 9 and later or Android 4.4 and later.
You can publish on iTrakit Service: pictures, routes, comments and other content ( “User Content”).
You explicitly warrant that you are the sole owner of the User Content and / or have all rights necessary to grant to our company a license to use the User Content as described in these Terms. You further represent and warrant that the User Content and the use and supply of goods in the iTrakit Service does not: (a) transgress, will account for embezzlement or violate any patent, copyright, trademark, trade secret, or other third parties intellectual property right, moral right or right of publicity or privacy; (B) violate or encourage any conduct that violates any law or regulation or commences to civil liability; (C) be fraudulent, false, misleading or deceptive; (D) be defamatory, obscene, pornographic, vulgar or offensive; (E) promote discrimination, bigotry, racism; f) will be violent or threatening, or promote violence or actions that threaten persons or entities; (G) promote illegal or harmful activities or substances; (H) publicize or promote commercial products or services of others even if lawful.
By publication of User Content, the User grants to iTrakit a non-exclusive, assignable, transferable to third parties, valid worldwide, royalty-free to use, copy, modify, publicly display, publicly perform and distribute User content solely in connection with the operation and provision of iTrakit Service.
” iTrakit Content ” may include any text, graphics, images, music, software, audio, video, works of authorship, or any kind or information or other material that is published, produced, supplied or made available by the iTrakit Service. You agree to use but not eliminate, modify or obscure any copyright, trademark, service mark or other notices owned by iTrakit.
IMPROPER USE OF OUR SERVICE
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, publicly display, publicly perform, transmit, disseminate or otherwise exploit the iTrakit Content, the iTrakit Service or any part thereof, except as expressly permitted in these Terms.
Except to the extent permitted by law, you cannot run, groped to perform or encourage or assist others in the execution of any of the following while accessing or using the iTrakit Service: (1) use, to mirror or framing of iTrakit Service or any individual item within the iTrakit Service, the name iTrakit, iTrakit any trademark, logo, or other proprietary information or layout and design of any page or form contained on a page without ‘ express written consent of iTrakit; (2) access or tamper with non-public areas of iTrakit Service, IT systems iTrakit or technical systems of delivery of iTrakit suppliers; (3) test the vulnerability of any iTrakit system or to breach security or authentication measures; (4) circumvent any technological measure implemented by iTrakit or any supplier or third party (including another User) to protect the iTrakit Service or the Content; (5) access the iTrakit Service or the iTrakit Content through the use of any mechanism different from the use of an unauthorized connection, the iTrakit Service or API; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise groped to derive the source code of any software that iTrakit provides the User or any other part of the iTrakit Service.
RIGHTS AND GUARANTEES OF EXECUTION OF iTrakit
iTrakit does not have any obligation to monitor the access and / or the use of iTrakit Service, iTrakit Content or User Content or to revise or modify the User Content, but iTrakit will have any right to protect the iTrakit Service and to ensure compliance with these Terms and applicable law or other legal requirements.
iTrakit may contact the law enforcement, to give them notice of any illegal act and collaborate with them following a valid legal process, if this is related to the violation of these Terms of Service. iTrakit have the right to investigate about any violations of these Terms, and to remove or disable any access to iTrakit Service, iTrakit Content or User Content at any time, without notice and in its sole discretion, if it emerges that the iTrakit Content, User Content or the Users ‘ use of the iTrakit Service are dubious or may violate Terms.
iTrakit is not responsible for the accuracy, reliability, effectiveness, or correct use of any information that the User receives through iTrakit Service. Maps, directions or other information or GPS navigation, including data related to the current position, may be unavailable, inaccurate or incomplete. You agree to rely on iTrakit Services at your own risk.
CONTESTS AND PROMOTIONAL GIVEAWAYS
Additional terms and conditions may apply to competitions, promotional giveaways, contest and other promotions sponsored by iTrakit and its partners.. In case of conflicts, terms and conditions of these prize events or promotions will prevail on the provisions of this Terms.
LIMITATION OF LIABILITY FOR THIRD-PARTY SERVICES
The iTrakit Service contains links to Web sites, apps, and services from third parties (collectively “Third Party Services”) that are not under the control of iTrakit. These links are provided to assist the User, therefore iTrakit is not in any way responsible for the content, products or services provided by third-party services. You acknowledge sole responsibility of the third parties in relation to such services and assumes all risk resulting from the use of such third party services.
iTrakit may modify or temporarily or permanently suspend any feature or component of the iTrakit Service, at any time and without notice. iTrakit is not responsible to Users or any third party for any modification, suspension or discontinuance of any feature or component of iTrakit Service. We reserve the right to determine the timing and content of software updates that can automatically download and install the products iTrakit without prior notice to you.
If you breach these Terms, we reserve the right to deactivate the iTrakit Account or terminate these Terms, in our sole discretion, at any time and without notice or liability to You. At the time of such termination the User Content and other information related to their account will be deleted.
LIMITATION OF LIABILITY
iTrakit will not be liable for any (1) inaccuracy or software failure; (2) loss or damage (including without limitation, consequential, indirect, incidental, special or exemplary) resulting from the download or use of the software or caused by inaccuracy, error or damage the software.
If any provision above is not valid under current legislation, the iTrakit liability will be limited to the maximum extent permitted by law.
iTrakit does not warrant that the iTrakit Service or the iTrakit Contents encounter the User’s requirements or be available on of an uninterrupted, secure or error free basis. iTrakit doesn’t provide any guarantee about to the quality, accuracy, timeliness, completeness or reliability of the iTrakit Service or of the iTrakit Content. You agree to rely on iTrakit Services at your own risk.
The User shall indemnify and hold harmless iTrakit and its officers, directors, employees and agents from and against all claims, proceedings, demands, liabilities, damages, losses and costs and expenses, including, without limitation, reasonable attorneys’ fees arisen or somehow related (i) the User’s access to or use of iTrakit Service, (ii) the User content, or (iii) the User’s breach of any warranty made by it pursuant to this document or violation by the same of any other provision of these Terms.
You agree that any dispute between you and iTrakit arising from or in connection with these Terms of Service, the iTrakit Service, will be subject to the jurisdiction of the Italian judge and application of Italian law.
In any case, iTrakit and the User will try to achieve an informal settlement of disputes, before bring an action to the judicial authorities. The User therefore undertakes to try to resolve a dispute informally by contacting the support@ iTrakventures.com address. iTrakit will attempt to resolve the dispute informally by contacting the User via e-mail. If the composition is not resolved within 15 days, from the first User email, iTrakit will have the right to file a lawsuit.
Except as otherwise provided herein, these Terms of Service and the related Sales Conditions constitute the whole Agreement between iTrakit and the User with respect to iTrakit Service.
The latest version of these Terms revokes and supersedes any prior / or understanding or oral agreement or written / or between iTrakit and the User with respect to the iTrakit Service and the iTrakit Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without the prior written consent of iTrakit. Any attempt to assign or transfer these Terms without such consent shall be void. iTrakit may freely assign or transfer these Terms without restrictions. In compliance with the foregoing, these Terms will bind to the benefit of the parties their successors and permitted assigns.
Any notice or other communication provided / to be iTrakit under these Terms, including the one regarding changes to these Terms will be formulated: (i) by mail; or (ii) by publication in the iTrakit Service. For notices made by e-mail the date of receipt of the message will be that in which such notice is sent.
The failure by iTrakit of any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of such right or provision shall be valid and effective only if resulting in a written document and signed by a duly authorized representative of iTrakit.
Our Sale Conditions apply to purchases made through the store iTrakit on the Site: www. iTrakit.co. All orders are subject to acceptance of iTrakit. iTrakit have any right to accept, reject or put limits on the User orders for any reason. Please check here our Sale Conditions.
Additional terms may possibly be applied to complete iTrakit discretion to certain products or services. In the event there is a conflict between these Terms and any additional term, the additional terms will prevail.
For any questions about these Terms, please contact iTrakit
iTrakit is a trading name of iTrak Ventures Limited.