Introduction
UAB Itus Innovations (hereinafter "Sky-Track"), is the reseller of QR-Patrol (hereinafter "Terracom") web application https://www.sky-track.eu/ here in after referred to as Company, is an Informatics Service Provider, based in Ateities pl. 45c Kaunas, Lithuanai, with Company Number EL099533677, telephones (+370) 61522315. Sky-Track is the reseller of QR-Patrol mobile and web application of Terracom Informatics Ltd www.qrpatrol.com (hereinafter "Terracom") , which is an innovative online solution that enables remote monitoring of security guard tours and provides a set of professional tools to manage online patrols of security companies.
The Web application Service is located at https://app.sky-track.eu/ (hereinafter "Service Website") and is operated by Sky-Track and Terracom Informatics Ltd Limited (hereinafter "Company", "we" or "us").
For the purposes of these Terms of Use (hereinafter "Terms") "you" and "your" shall mean an individual or a legal entity that is eligible to be bound by these Terms.
Legal Agreement
Sky-Track provides its services to users subject to these Terms. Please read these Terms carefully. By completing the registration process on the Service Website and/or upgrading to one of the service plans offered therein, you are stating that you are eligible for a user account.
By accepting these Terms or by using the Service, you acknowledge that you have read, understand and agree to be bound by these Terms. If you disagree with any part of these Terms, you should leave the Service Website and discontinue using the Service immediately.
If you are using the Service on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify you Sky-Track and Terracom Informatics Ltd for violations of these Terms.
Sky-Track and Terracom reserves the right to modify these Terms from time to time without prior notice. Such modifications shall be effective upon posting them on the Sky-Track website located at http://www.sky-track.eu. You agree to be bound to any changes of these Terms when you use the Service after any such modification is posted. It is therefore important that you review these Terms each time you make a purchase in the Service to understand the terms and conditions that apply to your use of the Service.
The Company aims the best possible service and satisfaction of the clients. This can be achieved only by developing confidence between the clients and the Company. Clients of the Company or visitors of the web site will be referred to as Clients, whether they make orders or utilize services of the Company.
Registration
In order to start using the web application service, you need to register on one of the service pricing plans and buy a service plan via a secure PayPal transaction. The provided email address, username, password and company details are used to create your Service account and send you a registration code in order to let you sign in to the Service Website.
You agree to provide accurate and current information about yourself as may be prompted by the registration form on the Service Website, maintain the security of your password and accept all risks of unauthorized access to your password. You agree that you shall be solely responsible to Sky_track and / or Terracom for all activities that occur under your account.
Grant of right to use
Subject to these Terms Skytrack and Terracom grants to you a limited, revocable, non-exclusive right to use the Service solely as provided in your Service Plan. The limitation in licenses and guards depends on your Service Plan. You may use the Service only for one Company (or only for one Entity in case you are representing an Entity) per Service Plan. Each Guard Id cannot be used by more than one persons at the same time period. You may use the Service during the subscription period, provided you have paid and continue to pay the subscription fees, if applicable.
We hereby acknowledge, without limitation of the above said, your right and ownership to the data contained in the Service reports. The granted right shall terminate immediately when you fail to comply with these Terms.
Intellectual property
Web site content, such as images, designs, graphics etc. is intellectual property of the Company and is protected under the relevant provisions of Lithuanian, Greek, European law and international conventions. Any copying, distribution, sale, derivative creation or misleading the public about the actual provider of the web site content is against the law. Any reproduction, republication, loading, communication, distribution or transmission or any other use of the content, in any manner, for commercial purposes is allowed only after prior written authorization of the Company or any other copyright holder. The images, logos and distinctive features representing the Company or third parties and their products or services are trademarks of the Company or third parties and are protected by the relevant Lithuanian, Greek and European trademark laws. Their appearance on the web site does not imply license on the assignment or use of any third party.
Terms of payment
The Service is provided to registered users based on a selected subscription to a paid Service Plan. When users upgrade from a free Service Plan to any paid Service Plan, they agree to pay all applicable fees, including one-time or recurring fees at the prices effective at the time a subscription is bought.
All subscriptions are billed in the Billing section of the Service Website where a registered user provides personal details. All transactions are processed via Secure PayPal integration, providing you with the highest level of security. Sky-Track and/or Terracom shall charge a user's PayPal account in accordance with the following rules:
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1. The billing period shall be 1 month, or 12 months and shall be selected by the Service users upon changing their Service Plan.
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2. When users upgrade from a free Service Plan to any paid Service Plan, an invoice shall be issued and their PayPal account shall be charged automatically upon upgrading and on the first day of every following 1-month or 12-month billing period to renew their subscription to a current paid Service Plan for a subsequent billing period.
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3. When users upgrade their current Service Plan to another Service Plan, an invoice shall be issued and their PayPal account shall be charged automatically upon upgrading and on the first day of every following 1- month, or 12-month billing period to renew their subscription to an upgraded Service Plan for a subsequent billing period. When users downgrade or upgrade their current paid Service Plan before the subscription to it expires, any refund is calculated based on a Monthly rate, i.e. any usage exceeding of one day is calculated as 1 month of subscription; the user is entitled to be refunded for the remaining Months of his unused Yearly subscription (without the Yearly discount applying).
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4. If there are insufficient funds on the Service account and/or on a user's PayPal account to renew a subscription to the current Service Plan for another billing period and/or to pay the active project fees and scanning costs of the Pro Service plan incurred during the preceding month, Terracom Informatics Ltd shall establish a grace period of 14 (fourteen) days to give its users time to provide sufficient funds on their PayPal account.
Sky-Track and/or Terracom shall continue attempting to renew a subscription to the current Service Plan until the end of the 14-day grace period. If during the 14-day grace period a due invoice was not paid, Sky-Track and/or Terracom shall downgrade the current paid Service Plan of a user to a free Service Plan. All projects of such user shall be suspended with the ability for him or her to upgrade again to a paid Service.
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5. Unless stated otherwise in writing, all Service subscription fees and charges are nonrefundable.
Confidentiality
Sky-Track and/or Terracom shall never share your Service reports and any other information related to your projects in the Service account with third parties or with other business units of Sky-Track and/or Terracom without your prior written consent, except for the purpose of performing Sky-Track and/or Terracom Informatics obligations under these Terms or if required by law, regulation, or court order. If so forced, we agree to give you as much notice as is reasonably practicable prior to disclosing such information. The privacy of the Service users is very important to Sky-Track and/or Terracom Informatics Ltd, therefore the use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by this reference.
Termination
The Service users may terminate these Terms at any time by sending a notice to Sky-Track and/or Terracom.
Sky-Track and/or Terracom may terminate these Terms if Sky-Track and/or Terracom finds that a user has repeatedly violated these Terms. The termination shall be effective immediately or as may be specified in the notice.
Upon notification of termination by either party, a user must cease using the Service.
In the event of any termination a user shall not be entitled to any refunds of any subscription fees, any other fees, or any outstanding balance for Service rendered through the date of termination.
General
These Terms shall be governed by and construed in accordance with the laws of Lithuania without regard to conflict of laws principles. Any action relating to these Terms must be brought in the state courts located in Lithuania and you irrevocably consent to the jurisdiction of those courts and waive any claim that those courts constitute an inappropriate venue or inconvenient forum.
The Terms constitute the entire agreement between you and Sky-Track and/or Terracom and govern your use of the Service, superseding any prior agreements between you and Sky-Track and/or Terracom. If any provision of the Terms is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.
By using the Service, you agree to receive occasional emails from Sky-Track and/or Terracom. These emails shall include notices about your account and information concerning or related to the Service. These emails shall be a part of your relationship with Sky-Track and/or Terracom. You agree that any notice, agreements, disclosure or other communications that Sky-Track and/or Terracom sends to you electronically shall satisfy any legal communication requirements.
You may not assign these Terms to anyone, and any assignment of these Terms by you will be null and void.
The section titles and numbering of these Terms are displayed for convenience and shall have no legal effect.
If you have any questions or comments about these Terms, please contact us at gs(at)sky-track(dot)eu gs@sky-track.eu