Acceptance of Terms
This web page represents a legal document that serves as our Terms of Use. It governs the legal terms of our website, http://www.track-pod.com, sub-domains, and any related web-based and mobile applications (collectively, “Website”), as owned and operated by Geros Technologijos Ltd.
This Terms of Use along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively “Legal Terms”, constitute the entire and only agreement between you and Geros Technologijos Ltd., and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein.
We may change this Terms of Use from time to time without prior notice. You can review the most current version of this Terms of Use at any time at http://www.track-pod.com/terms-of-use/. The revised terms and conditions will become effective upon posting and if you use the Service after that date, we will treat your use as acceptance of the revised terms and conditions. If any change to this Terms of Use is not acceptable to you, your only remedy is to stop accessing and using the Service.
By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.
Definitions
The terms “us” or “we” or “our” refers to Geros Technologijos Ltd., the owner of the Website.
“Visitor” - someone who browses our Website, but has not registered as Member.
“Member” - an individual who has registered with us to use our Service.
“Service” - the collective functionality and features as offered through our Website to our Members.
“User” - a collective identifier that refers to either a Visitor or a Member.
“Content” - text, information, graphics, audio, video, and data offered through our Website.
General Conditions/ Access and Use of the Service
Subject to the terms and conditions of this Terms of Use, You may access and use the Service only for your internal business purposes. You shall not allow any unauthorized user to access or use the Service. You shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this Terms of Use; copy, modify or distribute any portion of the Service; use the Service to process data on behalf of any third party; or use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components.
The failure of Geros Technologijos Ltd. to exercise or enforce any right or provision of this Terms of Use shall not be a waiver of that right. You acknowledge that this Terms of Use is a contract between You and Geros Technologijos Ltd., even though it is electronic and is not physically signed by You and Geros Technologijos Ltd., and it governs Your use of the Service and takes the place of any prior agreements between You and Geros Technologijos Ltd.
Geros Technologijos Ltd. grants you a non-exclusive, non-transferable, revocable license to access and use our Website strictly in accordance with our Terms of Use. Your use of our Website is solely for the purposes stated within our Legal Terms; any other use is a violation of this license and will result in the revocation of your membership.
Legal Compliance
You agree to comply with all applicable domestic and international laws and regulations regarding your use of our Website. Geros Technologijos Ltd. reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to cancellation your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.
Intellectual Property
Our Website contains our trademarks as well as those of other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner.
Links to Other Websites
Our Website contains links to third party websites. These links are provided solely for your convenience. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Geros Technologijos Ltd. has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
Warranty Disclaimer
Geros Technologijos Ltd. reserves the right to modify any and all Content and features of our Website, at any time without notice. Our Website may be temporarily unavailable from time to time for maintenance or other reasons. Geros Technologijos Ltd. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member Content. Geros Technologijos Ltd. is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, Website, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to anyone’s computer, mobile phone, or other hardware or Website, related to or resulting from using, uploading, or downloading materials in connection with our Website. Under no circumstances will Geros Technologijos Ltd. be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website, or for any interactions between Users of our Website, whether online or offline.
Our website is provided “AS-IS,” “AS AVAILABLE,” with “ALL FAULTS”.
Our website may contain bugs, errors, problems or other issues. Geros Technologijos Ltd. including all our affiliates, have no liability whatsoever for your use of our Website, other than specified in our Legal Terms.
Geros Technologijos Ltd. DOES NOT PROMISE AND CANNOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE.
YOU ACKNOWLEDGE THAT Geros Technologijos Ltd. DOES NOT GURANTEE THAT THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM THE WEBSITE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF USE.THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED PROGRAMS TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR WEBSITE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU USE OUR WEBSITE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOU, YOUR MOBILE DEVICE OR COMPUTER SYSTEM, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF INCOME, BUSINESS, PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN YOU AND Geros Technologijos Ltd. OUR WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN OUR LEGAL TERMS.
Software Service Level Agreements (SLA) of Track-POD and Uptime
Uptime is a time when a service user can use the service. It is calculated dividing the amount of hours per month when the service in inoperative from all the amount of hours of the service rendering per month. For instance, the service must be operative 24x7 (720 hours/month), it means 99.0% if the service is inoperative for 7.2 hours. Track-POD itself deliver at least 99.5% uptime guarantee, so we can guarantee a minimum of 99.5% uptime (excluding planned maintenance). This corresponds to a maximum unplanned downtime of 3.6h/month.
Indemnity
You will indemnify and hold harmless Geros Technologijos Ltd. and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with Your access to or use of the Service or Content and Your violation of this Terms of Use.
Geros Technologijos Ltd., as well as all our affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from any errors in or omissions from our Website; the unavailability or interruption of our Website; your use of our Website; or any delay or failure in performance of our Website.
Subscription
Track-POD may make certain limited portions of the Services available for free. Track-POD requires payment of a fee for use of additional Services (or certain portions thereof) that are not available for free on a subscription basis (“Subscription”). Track-POD may also provide portions of the additional Services that are made available to those who purchase Subscriptions without payment for a trial period, but your ability to access those Services will be terminated at the end of such trial period. At any time during the trial and thereafter, you may purchase a Subscription.
(a) General. When you purchase a Subscription (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
(b) Subscriptions. If you purchase a Subscription, you will be charged the applicable Subscription fee (which may be on a monthly or annual basis, depending on the Subscription), plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each period thereafter (such period will depend on the Subscription), at the then-current Subscription Fee. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each applicable period at the beginning of the next applicable period of your Subscription during the term, using the Payment Information you have provided until you cancel your Subscription. By agreeing to this Agreement and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Track-POD. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with this Agreement. Prices for the Services, including but not limited to monthly Subscription fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time.
(c) Modifying Subscriptions. Upon upgrading or downgrading in plan level, you will be credited pro rata for the time remaining in the current billing cycle, however, you will not be refunded for any Services already rendered during the then-current subscription period. Downgrading your Subscription plan may cause the loss of features, or capacity of your Account. Track-POD does not accept any liability for such loss.
(d) Cancelling Subscription. YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR ONE-TIME PAYMENT OR SUBSCRIPTION FEE AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. EXCEPT AS SET FORTH ABOVE WITH RESPECT TO YOUR INITIAL SUBSCRIPTION PURCHASE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can send an email to [email protected] or submit a ticket at [email protected]. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then current subscription period and will then terminate without further charges; however, you will not receive a refund for any unused Services.
Applicable Law
Our Legal Terms shall be treated as though it were executed and performed in the European Union and shall be governed by and construed in accordance with the laws of the European Union without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts.
Contact Information
If you have any questions about these Terms or the Services, please contact Track-POD at [email protected]