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Dear Customer, by accepting this contract, which you can do by clicking on the "Registration" button at the bottom of the page, you will be granted a license ("License") by the Company UbiEst SpA ("Software House"), based in Treviso, entered in the companies register of Treviso with no. 03576950269 to use UbiSafe FamilyFinder Software ("Software") subject to the following conditions which we would kindly ask you to read carefully: 1) CHARACTERISTICS OF THE SERVICE 1.1) Once downloaded and installed on your device, the Software allows the tracking and location of your position and then shares it with other members of your group, plus a host of other functions. 1.2) In particular, the functions of the free basic version consists in the following possibilities: to see the latest map locations of group members; to see the history of the locations of a group member; to send your current location to the server; to send an alarm/SOS message. 1.3) In addition to these functions, a member of a group can register for the Premium group version on a payment basis. This provides for the automatic transmission of the location of each member of the group to other members at regular intervals. It also allows each member to set visible alarms (geofence, speed, battery, switching on and off) between the group members. The premium version may activated on a payment basis by any member of a group and, once activated, their functions are automatically extended at no additional cost to all members of the group. Activation of the premium version will be notified by mail to all group members to inform them of the upgrade. Each group member may at any time decide not to take advantage of the functions of the premium version by leaving the group or by logging out of service. 2) CHARACTERISTICS OF THE LICENSE The licensed Software may only be used by you on a single hardware device at a time. The Software House hereby grants an individual License that is non-exclusive and has an unlimited duration. The basic License is free of charge. If you decide to activate the premium version-whose functions are automatically extended to other group members-you will have to pay a € 4.99 monthly fee. Payment will be made through the services provided by Paypal under their terms and conditions. The monthly subscription will be automatically renewed, in any case without prejudice to your right to withdraw at any time in the manner and conditions set forth in Clause-7. Should subscription fee payment problems arise, for example due to lack of funds, the premium version will be temporarily suspended 3 days after the due date for payment of the fee for the service. In any case you will be notified by mail before suspension comes into effect. 3) REGISTRATION INFORMATION You will be asked certain personal information such as name, nickname, password and email address during your first access. You are aware of taking complete responsibility for the accuracy and storage of this data and you must promptly notify any changes to the Software House. Access to the service and subsequent use is strictly personal and not transferable. 4) COPYRIGHT The copyright and other intellectual property, industrial rights or rights of any other nature regarding the Software and the techniques, algorithms and processes that underlie it, belong to the Software House, which also applies to any copies of the Software that may be unduly created by you. 5) USE RESTRICTIONS Copying, hiring, lending or transfer to a third party, whether on a payment basis or for free, of the Software, is forbidden. Except as otherwise provided by applicable law, you are not permitted to modify the Software or any part thereof, to analyse the Software through reverse engineering, decompiling or disassembling, or create products derived from it. 6) CHANGES The Software House is free to amend and/or make additions to these general contractual conditions at any time. Any changes will be shown on the website www.ubisafe.com and made visible by appropriate warning signs. Any use of the service by you after the supervening changes in the general conditions will mean an implicit acceptance of them. 7) WITHDRAWAL If you activate the premium version you can withdraw from it at any time and therefore return to the free basic version of the service, on condition that payment is made for the current month. This change will be automatically extended to all members of your group through a specific and immediate procedure included in the Software. Withdrawal shall become effective at the end of the relevant month. If instead you use the premium version functions activated by another member of your group you may at any time decide not to take advantage of the upgrade by leaving the group or with a simple logout. You may in any case terminate this contract at any time by sending a specific request for cancellation to the following email address: email@example.com. 8) WARRANTY The warranty required by law is applicable to the Software under the responsibility of the Software House. 9) LIABILITY The Software House cannot be held liable for any malfunctions and/or damages caused by the improper use of the Software, inadequate hardware support, or improper or insufficient coverage of the relevant network for using the service. You are aware and therefore declare that you unconditionally accept that the Software can commit calculation errors caused, for example, by environmental conditions, incomplete data or changes in locations, thereby generating inaccurate results. In any event, the Software House cannot be held liable for the failure of the service due to chance conditions, acts of God, or to causes attributable to you. 10) LANGUAGE, APPLICABLE LAW AND JURISDICTION The Italian language shall be applicable to all the clauses in this contract and they will be subject to Italian law. With regard to all matters not expressly covered by this contract, the parties shall refer exclusively to applicable Italian law. Any disputes concerning the interpretation and execution of this contract will be exclusively under the jurisdiction of the Italian legal system and, except for the situations where the law expressly provides for the mandatory nature of territorial jurisdiction, the Treviso court of law shall have exclusive jurisdiction. 11) PERSONAL DATA CONFIDENTIALITY The Software House shall process your personal data as is necessary and useful to fulfil contractual obligations, and the requirements of current legislation on the protection of privacy, including those relative to the updating of security measures. The website www.ubisafe.com includes an information notice regarding the use of your personal data which you should read. Without prejudice to the above, you are aware that by using the service and by joining or becoming part of a group you will be providing other members of the group with your personal data, which will therefore be shared with them. Consequently, each member of the group, including yourself, will be the controller of the other group members’ data.
I declare that I have carefully read the information on the processing of personal data and have read the above General Conditions of the contract, which I accept.