1. ACCEPTANCE OF TERMS
XLTRO SOFTWARE DEVELOPMENT S.R.L. (“XLTRO”), registered entity in European Union, the developer and owner of SafeDrive app for iOS and Android smartphones (“SafeDrive”) is provided to you subject to the following Terms of Service Agreement (“Agreement”), which may be updated by XLTRO from time to time with notice to you. This “Agreement” can be found within the “Settings” section of the SafeDrive under “Terms of Service”. By accessing and using SafeDrive, you accept and agree to be bound by the terms and provision of this Agreement. These terms and conditions are effective from December 10th, 2015.
2. USE OF SAFEDRIVE
SafeDrive is intended to monitor and collect data about usage of the smartphone of the user in countries around the world. SafeDrive does not collect data about the destination, route or way of driving except for speed and distance. SafeDrive rewards the user with points based on an algorithm property of XLTRO for not using the smartphone at a speed over 6 mph or 10 km/h. The SafeDrive app works only when the user has started and made the application active before driving. The app saves the data when the user closes the app. If during the registration period, the user touches, swipes, interacts with the screen of the smartphone, closes or exits the app, the points rewarded for the trip will be cancelled, implicitly will not be saved in the user’s SafeDrive account. SafeDrive should not be used as a navigation app, GPS or direction indicator. Data collected by SafeDrive provided to users and have an informative character. The collected data are provided to XLTRO and its partners for improving the app user experience, usability and performance. Users should use common sense when driving and not change their driving patterns with the intent of affecting the data collected by SafeDrive. Not only will this result in bad data, it may also result in damage to you or your vehicle. Tampering with the data collection methodology will result in cancellation of the SafeDrive account and all points will be void.
SafeDrive Play allows a user to challenge another user, which is randomly picked by the system. The user that wins the challenge is the one that has a higher best trip than the opponent. The best trip is always from the last day of SafeDrive app usage by the user. The winner takes a percentage from the total points that the defeated user has. The percentage can be lowered by inviting more users to become SafeDrive users. SafeDrive Play is in beta version for an indefinite period, this means that the points won or lost during a Play round are not saved or taken from the user account.
SafeDrive is not encouraging but offers its users the possibility to navigate with Waze© while using the app (as described in https://www.waze.com/ro/about/dev).
All the data and locations input or showed in Waze© are not accessible by SafeDrive.
Waze© is a registered trademark of Waze Mobile Ltd in the U.S. and other countries. All copyrights belong to their respective owners.
Vouchers can be used by SafeDrive users in the Germanos stores network. In this respect, each SafeDrive user can convert 100 SafeDrive points into a Germanos voucher consisting of 50 RON discount for a shopping basket with a minimum value of 200 RON.
3. WHAT KIND OF INFORMATION SAFEDRIVE COLLECTS
The data collected by SafeDrive is for both the operation of the app and enhancements to it. The data you submit through SafeDrive is kept on a server. The user uses the SafeDrive app to earn points when the user drives with more than 6 mph or 10 km/h. The points are given according to a proprietary algorithm that takes into account the speed, the time and the travelled distance. SafeDrive does not collect data about destination, route or way of driving.
Required Information for Operations:
SafeDrive Points: SafeDrive rewards the user with points for not using the phone at a speed over 6 mph or 10 km/h. At a predefined period the app is reading the GPS of the user’s smartphone. According to an algorithm property of XLTRO, each user receives a number of points at the end of each trip. A trip is valid when the user is not exiting the SafeDrive app during a trip where the app is registering a speed of more than 6 mph or 10 km/h and until the speed drops under 6 mph or 10 km/h. The app will send the saved data to the server at defined time intervals. Additionally, for each user SafeDrive registers data with respect to the phone brand and model, operating system version. These data are used for diagnostic purposes on the performance of the app. Collected data for app improvement: The SafeDrive app was developed for improving the experience of the users. The app helps us to anonymously collect:
• Statistics about usage: these include how the app is used (e.g.: what functionalities are used most), frequency of usage;
• Failed server uploads: these include data in regards to a failed upload to the server (e.g.: no Internet connection).
4. WHO SEES WHAT DATA
All the data about each user is saved in the user account and is accessible to the user. The account can be accessed via the SafeDrive app and the collected data is: SafeDrive points, trip history, first name, last name, date of birth, car brand, city and country.
5. INTERNATIONAL USAGE
Your data may be stored and processed in any country where we have facilities, and by using SafeDrive you consent to the transfer of your Personal Information to countries, including United States and European Union, which may be outside of your country of residence and may provide for different and less stringent data protection rules than in your country. If you object to your data being transferred or used as described in this Policy, please do not use SafeDrive.
6. CONTACTING US / REPORTING VIOLATIONS
If you have any questions or comments about this Policy or our privacy practices, or to report any violations of the Terms and Conditions or abuse of the Application, please contact us at: firstname.lastname@example.org
7. REGISTRATION OBLIGATIONS
Each user has to create a SafeDrive user account based on a valid email address or a Facebook account. Only one such account may be used on a certain device. Using more than one such account on the same device will be considered an untruthful usage of the app and may result in restrictions decided by XLTRO. By not enforcing this at at a certain moment does not mean that XLTRO may not decide to enforce it at its own discretion.
If you provide any information that is untrue, inaccurate, offensive, not current or incomplete, or if XLTRO has reasonable grounds to suspect that such information is untrue, inaccurate, offensive, not current or incomplete, XLTRO has the right to suspend or terminate your account and refuse any and all current or future use of SafeDrive (or any portion thereof). The use of application(s) intended to provide fake GPS position, speed, accuracy or other similar fake GPS information is also considered a reason for termination of the account as detailed above. SafeDrive app is developed such that the maximum number of points that can be collected in 1 day by one user account (for trips started in the timeframe of 0.00-23.59 hours as per local time) is 124 (one hundred twenty four) points. Any user that presents more than 124 points in a certain day will not be considered truthful and we reserve the right to reset the number of points for that specific day.
If, for any reasons, the results of any action in the app are not the correct results as intended by XLTRO, adjustments may be operated at all times to reflect reality.
8. MEMBER CONDUCT
You agree to not use SafeDrive to: a) submit Content that is false or inaccurate; b) submit Content that does not generally pertain to the designated topic or theme; c) submit or otherwise make available any Content that is unlawful, harmful, or otherwise objectionable; d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; e) intentionally or unintentionally violate any applicable local, state, national or international law; f) “stalk” or otherwise harass another; or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs (a) through (f) above. You acknowledge that XLTRO may or may not pre-screen Content that is shared, but that XLTRO and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via SafeDrive. Without limiting the foregoing, XLTRO and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge, consent and agree that XLTRO may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; (v) protect the rights, property or personal safety of XLTRO, its users and the public. You may not trace any information of any other SafeDrive user for the purpose of obtaining information of any other SafeDrive user. You may not attempt to override or circumvent any of the usage rules embedded into SafeDrive. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on SafeDrive, in whole or in part, is strictly prohibited. You may not modify or create derivative works of SafeDrive, decompile or reverse engineer SafeDrive or otherwise attempt to create the source code from SafeDrive, or in any way attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of SafeDrive. You may not attempt to gain unauthorized access to SafeDrive or the computer systems and networks connected to SafeDrive through hacking, password mining, or any other means. You may not use any robot, spider, search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of SafeDrive or any XLTRO content. You may not access, retrieve or index any portion of SafeDrive for purposes of constructing a searchable database of data collected by SafeDrive.
9. INTERSTATE NATURE OF COMMUNICATIONS ON SAFEDRIVE
When you use the application, you acknowledge that in using SafeDrive, you will be causing communications to be sent potentially through a variety of networks (Internet service provider, wireless phone network, etc.) As a result, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, you agree that use of the SafeDrive may result in interstate data transmissions.
10. COST OF USING SAFEDRIVE
The use of SafeDrive is free of charge unless explicitly mentioned. Data communication of any kind (like GPS or MB’s) may be charged by your mobile subscription provider. SafeDrive shall not be held liable for any charges by third parties caused by the use of SafeDrive.
11. CONTENT SUBMITTED ON SAFEDRIVE
With respect to Content you submit on SafeDrive, XLTRO may use, distribute, reproduce, modify, adapt, and publicly display such Content for the purposes of promoting or improving SafeDrive or any other XLTRO related efforts. This right does not terminate.
12. SUBMISSIONS TO THE XLTRO
By submitting ideas, suggestions, documents, and/or proposals (“Submissions”) to SafeDrive through its suggestion or feedback pages, you acknowledge and agree that: a) your Submissions do not contain confidential or proprietary information; b) SafeDrive is not under any obligation of confidentiality, express or implied, with respect to the Submissions; c) SafeDrive shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; d) SafeDrive may have something similar to the Submissions already under consideration or in development; e) your Submissions automatically become the property of SafeDrive and XLTRO without any obligation of XLTRO to you; f) you are not entitled to any compensation or reimbursement of any kind from XLTRO under any circumstances.
You agree to indemnify and hold XLTRO and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand (including reasonable attorneys’ fees) made by any third party due to or arising out of: a) Content you submit or otherwise make available through SafeDrive, b) your use of SafeDrive, c) your connection to SafeDrive, d) your violation of this Agreement, e) your violation of any Rights of another.
14. NO COMMERCIAL REUSE OF SAFEDRIVE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, SafeDrive.
15. MODIFICATIONS TO SAFEDRIVE
XLTRO reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently SafeDrive (or any part thereof) with or without notice. You agree that XLTRO shall not be liable to you or to any third party for any modification, suspension or discontinuance of the SafeDrive (or any part thereof).
You agree that XLTRO may, without prior notice, immediately terminate, limit your access to or suspend your SafeDrive service. Cause for such termination, limitation of access or suspension shall include but not be limited to: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to SafeDrive (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in the XLTRO’s sole discretion and that XLTRO shall not be liable to you or any third party for any termination of your account, any associated email address, or access to SafeDrive.
XLTRO may provide links to other World Wide Web sites or resources. You acknowledge and agree that XLTRO is not responsible for the availability of such external sites or resources. SafeDrive may facilitate your use of third party services not provided by the XLTRO (“Third Party Services”). XLTRO makes no representations or warranties regarding the performance of such Third Party Services, their compliance with applicable laws and regulations, or any other aspects of such Third Party Services. Your use of Third Party Services is at your own risk and you are solely responsible for complying with all legal and contractual requirements necessary for using Third Party Services.
18. THE XLTRO’S PROPRIETARY RIGHTS
You acknowledge and agree that SafeDrive contains proprietary and confidential information that is owned by XLTRO and protected by applicable intellectual property and other laws. You will not use such proprietary information in any way whatsoever except for use of SafeDrive in compliance with the provisions of this Agreement.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a) YOUR USE OF SAFEDRIVE IS AT YOUR SOLE RISK. THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. XLTRO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OF IMPLIES, INCLUDING, BUT NOT LIMITED TO THE IMLPIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) XLTRO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (i). SAFEDRIVE WILL MEET YOUR REQUIREMENTS; (ii). SAFEDRIVE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii). THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SAFEDRIVE WILL BE ACCURATE OR RELIABLE; (iv). ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; (v). SAFEDRIVE WILL BE FREE FROM CORRUPTION, VIRUSES, HACKING, OR OTHER SECURITY INTRUSION.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT XLTRO SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATE OR OTHER INTANGIBLE LOSSES RESULTING FROM: a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; c) ANY CONTENT OBTAINED FROM THE SERVICES; d) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT XLTRO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU EXPRESSLY AGREE THAT XLTRO IS NOT RESPONSIBLE FOR ANY CONTACT OR INTERACTION BETWEEN YOU AND ANY OTHER USER OF SAFEDRIVE AND THAT YOU BEAR THE SOLE RISK OF TRANSMITTING THROUGH THE APPLICATION ANY CONTENT, INCLUDING INFORMATION WHICH IDENTIFIES YOU OR YOUR LOCATION. YOU AGREE THAT THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN XLTRO AND YOU AND THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED UPON ALLOCATION OF RISK BETWEEN YOU AND XLTRO. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THE LIMITATION OF LIABILITY XLTRO WOULD NOT PROVIDE SAFEDRIVE TO YOU. ADDITIONALLY, NO ALERT SENT BY THE SAFEDRIVE APPLICATION SHALL SERVE AS REASONABLE NOTICE OF A DEFECT OR WANT OF REPAIR SO AS TO MANDATE ACTION BY XLTRO UNDER ANY LAWS. XLTRO IS NOT RESPONSIBLE FOR ANY DAMAGE OR ANY INJURIES RESULTING FROM SAFEDRIVE USAGE. IN NO EVENT SHALL XLTRO, THE AUTHORS OR COPYRIGHT HOLDERS OF SAFEDRIVE, BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF, OR IN CONNECTION WITH THE SOFTWARE OF THE USE OR OTHER DEALINGS IN THE SOFTWARE.
XLTRO may provide you with notices regarding SafeDrive, including changes to this Agreement, by email, SMS, text message, push notification, phone calls, postings on SafeDrive website, posting on social network, or any other reasonable means now known or hereafter developed. Notices shall be effective immediately. Such notices may not be received if you violate this Agreement by accessing the SafeDrive in an unauthorized manner. You agree that you will be deemed to have received any and all notices that would have been delivered had you accessed SafeDrive in an authorized manner.
You represent that you are 18 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to accept and agree to be bound by the terms and provisions of this Agreement. If you have agreed to allow your minor child, or a child for whom you are legal guardian (“Minor”), to use SafeDrive, you agree that you shall be solely responsible for: (a) the online conduct of such Minor, (b) monitoring such Minor’s access to and use of SafeDrive, and (3) the consequences of any use of SafeDrive by such Minor.
23. GOVERNING LAW AND VENUE
This Agreement is governed by the laws of the EU without regard to any conflict of law provisions. You agree that any claim or dispute with XLTRO relating in any way to your use of SafeDrive shall be brought exclusively before a court sitting in Bucharest, Romania, and you irrevocably waive any jurisdictional, venue, or inconvenient forum objections to such courts.
This Agreement constitutes the entire agreement between you and XLTRO with respect to your use of SafeDrive, superseding any prior version of this Agreement between you and XLTRO with respect to SafeDrive. If any provision of this Agreement shall be unlawful, void, or unenforceable, then that provision shall be deemed severed from this Agreement and shall not affect the validity or enforceability of the remaining provisions of this Agreement. XLTRO’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to your use of SafeDrive must commence within 5 days after the cause of action accrues. Otherwise, such cause of action is permanently barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Terms and Conditions December 2015
Developed by: XLTRO SOFTWARE DEVELOPMENT S.R.L.