Terms of Use

Updated on: 17th June 2021

Welcome to https://btelematics.co or https://app.btelematics.com, the website and online service for BTelematics.

The terms – “BTelematics”, “we”, or “us” refers to the owners of the BTelematics website.

The term “you” refers to users, clients, visitors and others, who access the website.

This Terms of Use Agreement sets out the terms and conditions of the use of our online and/or mobile services and software provided on or in connection with the service and the website.

By accessing or using the website, you are confirming that you accept these Terms and also the BTelematics Privacy Policy, whether or not you are a registered user of our services. These Terms apply to all visitors, clients, users, and others who access website and the Services.

If you do not agree to these Terms, and also Privacy Policy, you shall not use this website and Services.

THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT AND BTELEMATICS GOVERNING YOUR USE OF BTELEMATICS SUITE OF REAL-TIME LOCATION TRACKING SOFTWARE, WEBSITE AND SERVICES.

Definitions

“Account” – a virtual space detached for the User by means of software and intended for the use of Services, the access to which is provided for users automatically upon their successful registration, verification and upon acceptance of these Terms.

“Beta Services” – certain Services provided for the purpose of testing and evaluation.

“Business day” – a day, which is not Saturday, Sunday or public holiday in Spain.

“Services” – services for online location and tracking of the movable assets, including the movement history, geo-based notifications, field tasks management, communication, fleet costs calculations, fuel usage reporting, scheduling vehicle maintenance, related apps, tools and support services, which are provided by BTelematics.

“Terms” – this Terms of Use Agreement, which consists of the following terms and conditions (“General Terms”) and terms and conditions, which are specific to use of individual Services (“Service Specific Terms”). In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.

“BTelematics” – BTELEMATICS, registration number ?, registered at ?, which owns the website.

“User” – any person, who has registered an Account with BTelematics, accepted these Terms and Privacy Policy in entirety, and uses the Services.

“User Content” – any content, created and made available by Users.

“Visitor” – any person, who visits BTelematics, but doesn’t have an account.

“Website" – BTelematics website https://btelematics.co or https://app.btelematics.co

Description of Services

BTelematics provides an array of Services for online location and tracking of movable assets, including vehicles, pets and other, view of their movement history, geo-based notifications, field tasks management, communication, fleet costs calculations, fuel usage reporting, scheduling vehicle maintenance, related apps, tools and support services. The Services are applicable for your personal and business use or for internal business purpose for the organization, that you represent. You can connect to the Services using any Internet browser and mobile apps supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your Account and publish and share such content.

BTelematics is not responsible for the User Content. BTelematics does not monitor, review, or edit User Content, but reserves the right to remove or disable access to any User Content for any reason, including but not limited to, the User Content that, at BTelematics' sole discretion, violates these Terms.

Modification of Terms

BTelematics reserves the right to modify, amend or otherwise change the Terms upon notice to you at any time through a service announcement, notification on our website or by sending an email to your primary email address. The new version of the Terms shall come into force at the moment it is placed on the website, unless otherwise provided by the new version thereof. By accessing the Website or using the Services after the effective date of any change you agree with the modified Terms. If we make changes to the Terms, that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate the use of the Services by providing BTelematics notice by email within 30 days of being notified of the availability of the modified Terms. If the Terms are modified in a manner that substantially affects your rights in connection with the use of the Services, you will be entitled to the prorated refund of the unused portion of any prepaid fees.

User Account

In order to access or use the Services, you need to sign up for an Account by providing all required information. In order to use the Services for corporate internal use, BTelematics recommends to sign up for user Account by providing your corporate contact information. By signing up on BTelematics, you agree to:

1. Provide true, accurate, current and complete information about yourself (or the corporate body) as prompted by the sign up process;
2. Maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete.

If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, we may terminate your Account and refuse of any or all of the Services. The Account may be registered by any person, who has the right and legal capacity to use the Services provided by BTelematics, and is not barred or otherwise legally prohibited from accessing or using BTelematics. You have to be at least 18 years old to register the Account.

Subscription to Beta Services

We may offer certain Services as closed or open Beta Services for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We reserve the right to decide on the success of such testing and the decision, if any, to offer the Beta Services as commercial services. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that BTelematics will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason. Your subscription to any Beta Services does not oblige you to use the paid Services.

Communications

The Services may include certain communications from BTelematics, such as service announcements, administrative messages and newsletters. You agree that these communications are part of the Services use. BTelematics provides you the option of opting out from receiving newsletters, however, you will not be able to opt-out from receiving service announcements and administrative messages. You are solely responsible for the acquaintance with the announcements and administrative messages and for the updating of the communication credentials (e-mail address). We will send the service announcements and administrative messages to your primary e-mail address.

Complaints

If we receive a complaint from any person against you, with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You shall respond to the complainant directly within 30 (thirty) days of receiving the complaint forwarded by us and copy BTelematics in the communication. If you do not respond to the complainant within 30 (thirty) days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 30 (thirty) days' time limit will be construed as your consent to disclosure of your name and contact information by BTelematics to the complainant.

Fees and Payments

The Services are available under subscription plans.

Payments for subscription plans can only be made by Bank Card or Bank Transfer. Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription by sending us an e-mail. At the time of automatic renewal, the subscription fee will be charged to the Bank Card last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Bank Card. If you do not wish to renew the subscription, you must inform us at least 7 days prior to the renewal date. We will send an email with the amount that will be charged of your Bank Card, every time before your subscription auto-renews. Similarly, after each renewal, we will send you a receipt via e-mail specifying the amount that has been deducted together with the next renewal date and the next renewal amount. If you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized BTelematics to charge the subscription fee to the Bank Card last used by you.

The Service fees are charged per tracking asset. If you have more than one asset in your Account, your total monthly fee will increase accordingly. The billing system charges your Account daily by:

N * M, where

N – the number of active tracking assets, M – the price for one tracking asset.

You have to keep your balance positive, otherwise the Service will be suspended. In the case the Service is suspended, we reserve the right to delete all of your existing data. If your subscription doesn’t start from the first day of the month, you will be billed from the actual date of your first using of the Services.

We reserve the right to change the price of any Service or charge for use of Services that are currently available free of charge. If we make changes to the price, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. If we decide to charge a fee for the Services, currently available free of charge, it will be announced on the Website, visible and clear before the use of the Service.

Restrictions on Use

You agree that you are responsible for your own use of the Services, for any submission you make, and for any consequences thereof. You agree that you will use the Services in compliance with these Terms, BTelematics Privacy Policy, all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. BTelematics reserves the right, at its discretion, to suspend the provision of service in the event of your breach of these Terms, federal and national laws till the elimination of violations. In this case, BTelematics will notify you by your primary e-mail.

In addition to all other terms and conditions of these Terms, you are not permitted to:

1. Access and use confidential information, that you are not allowed to deal with;
2. Cause threat or make harm for any persons or organizations;
3. Impersonate another person, falsify the addresses of devices you use with the Services;
4. Post, or otherwise make available any unsolicited or unauthorized messages and materials, including illegal, harassing, threatening, malicious, libelous, abusive, violent, obscene;
5. Disrupt the Services, including any unauthorized access, use or monitoring of relevant data or traffic transmission meaningless and useless information, creating unnecessarily high load on the Services;
6. Use automated programs (bots, robots, “spiders”, scrapers, and other programs having similar functions) and scripts, in particular, for the collection of the information of the other Users or the Service in whole and for mass or targeted distribution (spam, etc.);
7. Use the Services and associated radio-emitting and navigation equipment in places where it is prohibited or is dangerous;
8. Reproduce, copy, duplicate, sell, resell, lease or exchange of the Services (or any part thereof);
9. Use the Services in any other way that is illegal or fraudulent, or has any unlawful or fraudulent purpose or effect.

THE SERVICES MUST NOT BE USED AS A RELIABLE SOURCE OF INFORMATION IN SITUATIONS WHERE ERRONEOUS, INACCURATE, UNTIMELY OR INCOMPLETE DATA MAY RESULT IN DEATH, INJURY, DAMAGE OR LOSS OF THE PROPERTY OR ENVIRONMENT DAMAGE.

Spamming and Illegal Activities

According to these Terms you agree:

1. To be solely responsible for the contents of your transmissions through the Services;
2. Not engage in any activity on using the Service or upload User Content, which is or includes materials , which are unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another;
3. Not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email.

BTelematics reserves the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.

Intellectual Property Rights

We respect intellectual property rights and expect you to do the same.

BTelematics exclusively owns all rights, title, and interest in the “BTelematics” name, “BTelematics” logo, the names of individual Services and their logos, patents, copyrights (including rights in derivative works), trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in BTelematics and relating web pages, documentation etc. We may make certain BTelematics logos or marks available for use by the User to allow them identify BTelematics as the Service provider. The User may never use any BTelematics logos or marks without our express permission. During the term hereof, the User may publicly identify Administration as the provider of the Services to the User. You are an owner of the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant BTelematics the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for BTelematics' commercial, marketing or any similar purpose. But you grant BTelematics the permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your Account solely as required for the purpose of providing the Services to you.

Support

Support is provided to users with paid subscriptions only. Available communication channels and response time may vary depending on the plan. Appropriate conditions are applied in regards of tracked assets independently, i.e. you can have assets on various plans and get support service accordingly.

Sample Files and Applications

BTelematics may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. BTelematics makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU USE THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. BTELEMATICS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BTELEMATICS MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY DOWNLOADED OR OBTAINED MATERIAL THROUGH THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM BTELEMATICS, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY, NOT EXPRESSLY STATED IN THE TERMS.

Limitation of Liability

You agree that BTelematics shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the Service, even if BTelematics has been advised of the possibility of such damage. In no event, will BTelematics' entire liability to you in respect of any Service, whether direct or indirect, exceed the fees paid by you towards such Service.

If you lose access to your Account as a result of your (i) violation of these Terms, (ii) negligence concerning the cybersecurity and any other necessary measures, including precautionary and preventive measures, that resulted in theft of your Account, (iii) any other action (act or omission), BTelematics shall not be liable under these Terms. You hereby represent and warrant that you will be solely responsible for these losses and will not make any claims to BTelematics connected to such losses.

Indemnification

You agree to indemnify and hold harmless of BTelematics, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of applicable law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by BTelematics.

Applicable Law and Dispute Resolution

These Terms and other relationships between the Parties are governed by the laws of the European Union. All disputes and disagreements that might arise from these Terms shall be resolved by means of negotiations. You agree that for the purposes of the settlement of disputes between the Parties, an e-mail correspondence with the authorized persons of BTelematics at support@btelematics.co shall be the effective and binding method of communication.

If the Parties fail to agree on the subject of the dispute within thirty (30) days, the dispute shall be submitted to the competent court in accordance with the laws of the European Union.

Suspension and Termination

We may suspend your user Account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity or requests by law enforcement or other government agencies. Objections to suspension or disabling of Accounts should be made to support@btelematics.co within 13 days of being notified about the suspension. BTelematics will immediately notify you about such suspension by email to your primary email address.

We may terminate a suspended or disabled user account after 13 days since satisfaction your objection.

In addition, we reserve the right to terminate your Account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service.

You have the right to terminate your account at any time. Upon the termination, we will delete all the information of your account after such termination and all of the rights granted under these Terms will immediately come to an end; and all of the Client’s data and content may be deleted from our systems immediately. Termination of the Account will include denial of access to all Services. The Client’s content cannot be recovered once their Account is cancelled. If BTelematics breaches its obligations under these Terms, you will be entitled to prorated refund of any prepaid fees.

End of Terms Of Use

If you have any questions or concerns regarding this Terms of Use Agreement, please contact us at support@btelematics.co. We will respond to all inquiries within 30 days of receipt upon ascertaining your identity.