Terms and Conditions
Last updated: November 09, 2021
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpreta on
The words of which the initial letter is capitalized have meanings de ined under the
following conditions. The following de initions shall have the same meaning regardless of
whether they appear in singular or in plural.
De ni ons
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by
You on any electronic device, named Caltrackr
Application Store means the digital distribution service operated and developed by
Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the
Application has been downloaded.
Af iliate means an entity that controls, is controlled by or is under common control
with a party, where "control" means ownership of 50% or more of the shares, equity
interest or other securities entitled to vote for election of directors or other
managing authority.
Account means a unique account created for You to access our Service or parts of
our Service.
Country refers to: Estonia
Company (referred to as either "the Company", "We", "Us" or "Our" in this
Agreement) refers to Caltrackr O , Harju maakond, Tallinn, Lasnam e linnaosa,
L tsa tn 5, 11415.
Device means any device that can access the Service such as a computer, a cellphone
or a digital tablet.
In-app Purchase refers to the purchase of a product, item, service or Subscription
made through the Application and subject to these Terms and Conditions and/or the
Application Store's own terms and conditions.
Service refers to the Application.
Subscriptions refer to the services or access to the Service offered on a subscription
basis by the Company to You.
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Terms and Conditions (also referred as "Terms") mean these Terms and Conditions
that form the entire agreement between You and the Company regarding the use of
the Service.
Third-party Social Media Service means any services or content (including data,
information, products or services) provided by a third-party that may be displayed,
included or made available by the Service.
You means the individual accessing or using the Service, or the company, or other
legal entity on behalf of which such individual is accessing or using the Service, as
applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement
that operates between You and the Company. These Terms and Conditions set out the rights
and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance
with these Terms and Conditions. These Terms and Conditions apply to all visitors, users
and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If
You disagree with any part of these Terms and Conditions then You may not access the
Service.
You represent that you are over the age of 18. The Company does not permit those under 18
to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and
compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our
policies and procedures on the collection, use and disclosure of Your personal information
when You use the Application or the Website and tells You about Your privacy rights and
how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Subscriptions
Subscrip on period
The Service or some parts of the Service are available only with a paid Subscription. You will
be billed in advance on a recurring and periodic basis (monthly or annually), depending on
the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same
conditions unless You cancel it or the Company cancels it.
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Subscrip on cancella ons
You may cancel Your Subscription renewal either through Your Account settings page or by
contacting the Company. You will not receive a refund for the fees You already paid for Your
current Subscription period and You will be able to access the Service until the end of Your
current Subscription period.
If the Subscription has been made through an In-app Purchase, You can cancel the renewal
of Your Subscription with the Application Store.
Billing
You shall provide the Company with accurate and complete billing information including full
name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic
invoice indicating that you must proceed manually, within a certain deadline date, with the
full payment corresponding to the billing period as indicated on the invoice.
If the Subscription has been made through an In-app Purchase, all billing is handled by the
Application Store and is governed by the Application Store's own terms and conditions.
Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any
Subscription fee change will become effective at the end of the then-current Subscription
period.
The Company will provide You with 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 the Service after the Subscription fee change comes into effect
constitutes Your agreement to pay the modi ied Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-
case basis and granted at the sole discretion of the Company.
If the Subscription has been made through an In-app purchase, the Application Store's
refund policy will apply. If You wish to request a refund, You may do so by contacting the
Application Store directly.
In-app Purchases
The Application may include In-app Purchases that allow you to buy products, services or
Subscriptions.
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More information about how you may be able to manage In-app Purchases using your
Device may be set out in the Application Store's own terms and conditions or in your
Device's Help settings.
In-app Purchases can only be consumed within the Application. If you make a In-app
Purchase, that In-app Purchase cannot be cancelled after you have initiated its download.
In-app Purchases cannot be redeemed for cash or other consideration or otherwise
transferred.
If any In-app Purchase is not successfully downloaded or does not work once it has been
successfully downloaded, we will, after becoming aware of the fault or being noti ied to the
fault by You, investigate the reason for the fault. We will act reasonably in deciding whether
to provide You with a replacement In-app Purchase or issue You with a patch to repair the
fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely
event that we are unable to replace or repair the relevant In-app Purchase or are unable to
do so within a reasonable period of time and without signi icant inconvenience to You, We
will authorize the Application Store to refund You an amount up to the cost of the relevant
In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting
the Application Store directly.
You acknowledge and agree that all billing and transaction processes are handled by the
Application Store from where you downloaded the Application and are governed by that
Application Store's own terms and conditions.
If you have any payment related issues with In-app Purchases, then you need to contact the
Application Store directly.
User Accounts
When You create an account with Us, You must provide Us information that is accurate,
complete, and current at all times. Failure to do so constitutes a breach of the Terms, which
may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for
any activities or actions under Your password, whether Your password is with Our Service
or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. 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, or a name that is otherwise
offensive, vulgar or obscene.
Links to Other Websites
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Our Service may contain links to third-party web sites or services that are not owned or
controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy
policies, or practices of any third party web sites or services. You further acknowledge and
agree that the 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 the use of or reliance
on any such content, goods or services available on or through any such web sites or
services.
We strongly advise You to read the terms and conditions and privacy policies of any third-
party web sites or services that You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability,
for any reason whatsoever, including without limitation if You breach these Terms and
Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to
terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and
any of its suppliers under any provision of this Terms and Your exclusive remedy for all of
the foregoing shall be limited to the amount actually paid by You through the Service or 100
USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its
suppliers be liable for any special, incidental, indirect, or consequential damages
whatsoever (including, but not limited to, damages for loss of pro its, loss of data or other
information, for business interruption, for personal injury, loss of privacy arising out of or in
any way related to the use of or inability to use the Service, third-party software and/or
third-party hardware used with the Service, or otherwise in connection with any provision
of this Terms), even if the Company or any supplier has been advised of the possibility of
such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for
incidental or consequential damages, which means that some of the above limitations may
not apply. In these states, each party's liability will be limited to the greatest extent
permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
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The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects
without warranty of any kind. To the maximum extent permitted under applicable law, the
Company, on its own behalf and on behalf of its Af iliates and its and their respective
licensors and service providers, expressly disclaims all warranties, whether express,
implied, statutory or otherwise, with respect to the Service, including all implied warranties
of merchantability, itness for a particular purpose, title and non-infringement, and
warranties that may arise out of course of dealing, course of performance, usage or trade
practice. Without limitation to the foregoing, the Company provides no warranty or
undertaking, and makes no representation of any kind that the Service will meet Your
requirements, achieve any intended results, be compatible or work with any other software,
applications, systems or services, operate without interruption, meet any performance or
reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider
makes any representation or warranty of any kind, express or implied: (i) as to the
operation or availability of the Service, or the information, content, and materials or
products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to
the accuracy, reliability, or currency of any information or content provided through the
Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of
the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or
other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations
on applicable statutory rights of a consumer, so some or all of the above exclusions and
limitations may not apply to You. But in such a case the exclusions and limitations set forth
in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its con licts of law rules, shall govern this Terms and Your
use of the Service. Your use of the Application may also be subject to other local, state,
national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to irst try to resolve the
dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will bene it from any mandatory provisions of
the law of the country in which you are resident in.
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United States Federal Government End
Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that
term is de ined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the
United States government embargo, or that has been designated by the United States
government as a "terrorist supporting" country, and (ii) You are not listed on any United
States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be
changed and interpreted to accomplish the objectives of such provision to the greatest
extent possible under applicable law and the remaining provisions will continue in full force
and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an
obligation under this Terms shall not effect a party's ability to exercise such right or require
such performance at any time thereafter nor shall be the waiver of a breach constitute a
waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to
You on our Service. You agree that the original English text shall prevail in the case of a
dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If
a revision is material We will make reasonable efforts to provide at least 30 days' notice
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prior to any new terms taking effect. What constitutes a material change will be determined
at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree
to be bound by the revised terms. If You do not agree to the new terms, in whole or in part,
please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
By email: [email protected]
By visiting this page on our website: https://caltrackr.com