Introduction

Terracom S.A., hereinafter referred to as “Company”, “we” or “us”, is an Informatics Service Provider, based in 79 Ethnikis Antistasis St., Katsika, Ioannina, Greece, with Tax Number EL099533677, Tax Office Ioannina and telephones (+30) 2651094333 and Fax Number (+30) 26510 94334.

Terracom S.A. is the developer, owner, and operator of SpotyPal which is a solution for tracking items and sending SOS-alerts. SpotyPal consists of Web and Mobile applications and a hardware device.

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

Terracom S.A. provides its services to users subject to these Terms. Please read these Terms carefully.

By accessing or using the applications and services owned or operated by us, whether, through our software apps or websites (hereinafter “Services”), 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 discontinue using the Services immediately.

Terracom S.A. reserves the right to modify these Terms from time to time without prior notice. Such modifications shall be effective upon posting them on the Terracom S.A. website located at https://www.spotypal.com. You agree to be bound to any changes of these Terms when you use the Services after any such modification is posted. It is therefore important that you review these Terms each time you make a purchase from us to understand the terms and conditions that apply to your use of the Services. If you don’t agree to be bound by the modified Terms then you may no longer use the Services.

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.

Disclaimer

You understand and accept that the Services are designed mainly to assist you to track the location of your items and notify of your position in case of the dangerous situations. We are not responsible for the loss or theft of belongings that you track with our system. Nor are we responsible for your personal protection and safety.

Your use of the Services is at your sole risk. The Services is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, suitability for a particular purpose, non-infringement or course of performance.

We do not warrant that:

  1. the Services will function uninterrupted;
  2. the Services will be available at any particular time or location;
  3. the Services are free of errors or defects;
  4. any errors or defects will be corrected;
  5. the results of using the Services will meet your requirements.

Grant of right to use

Subject to these we grant to you a limited, revocable, non-exclusive right to download and install a copy of our mobile application on a mobile device that you own or control and use our Services for your personal non-commercial purposes unless different usage was allowed by the Company.

You are not allowed to distribute, sublicense, lend or rent any of our Services to third parties or create derivative works based on our Services.

Downloading Mobile app

By downloading our mobile app from any app distribution platform, you acknowledge and agree that:

  • We are solely responsible for our Services
  • Any claims relative to our Services should be addressed and solved directly with our Company.
  • App distribution platforms are not obliged to provide any maintenance and support related to our Services.
  • You must comply with the terms of app distribution platforms when using our mobile app.

Registration

In order to start using the web and mobile applications, you need to register.

The provided email address and password are used to create your account. You agree to provide accurate, complete and current information about yourself. By completing the registration process for our Services, you are stating that you are of legal age to agree to these Terms and are eligible for a user account. You are responsible to maintain the security of your password and accept all risks of unauthorized access to your password.

You also agree that you shall be solely responsible to Terracom S.A. for all activities that occur under your account and shall notify us immediately if you suspect any unauthorized use of your account. We reserve the right to refuse services, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual property

Content of our Services, such as images, designs, graphics, etc. is the intellectual property of the Company and is protected under the relevant provisions of Greek law, European law and international conventions. Any copying, distribution, sale, derivative creation or misleading the public about the actual provider of the 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 trademark laws. Their appearance in our Services does not imply license on the assignment or use of any third party.

It is our policy to remove material that infringes any copyright on our Services after we have been notified by the copyright owner or the copyright owner’s legal agent. If you believe that your work has been copied and posted on through our Services in a way that constitutes copyright infringement, please immediately inform us of the situation.

Third Party Trademarks

Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Google Play, the Google Play logo, and Android are trademarks of Google Inc. All other trademarks and trade names are properties of their respective owners.

Third Party Links

Our Services may contain links to content or services provided by third parties (“Third Party Links”). We have no control over and assumes no responsibility for their content, services, performance, operation, availability, business practices or privacy policies. We are providing these Third Party Links to you only as a convenience but we do not imply any endorsement or recommendation of their content or services, or of any association of us with such third parties. By accessing any of these links, you do this entirely at your own risk and any charges or obligations you incur in your dealings with these third parties, are your responsibility. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

User’s content

You are solely responsible for the content (text, images, etc.) you upload or post through our Services. You should upload only content that you have the right to use and is legal, reliable and appropriate. We reserve the right to remove any of your content from our Services for any reason and without prior notice, especially if we believe that your content violates these Terms or harm other people.

Confidentiality

The privacy of the users is very important to us, therefore the use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by this reference.

General Prohibitions

You agree not to do the following:

  • Use the Services in any manner not permitted by these Terms
  • Use our Services to track the locations of other people without their permission for any reason
  • Violate any applicable law or regulation
  • Violate third party’s intellection property rights or privacy
  • Harm our Services in any way, including spamming, sending viruses, interception of communication packets and attempt to use non-public areas of the Services.

Alerts and Notifications

You agree to receive push notifications, alerts, emails, or other types of messages directly sent to you within our Services.

Termination

The users may terminate these Terms at any time by sending a notice to Terracom S.A..

We may terminate these Terms if we find 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 Services.

In the event of any termination, a user shall not be entitled to any refunds for the products or services purchased from the Company.

SpotyPal hardware warranty

The warranty we give for the SpotyPal hardware products (hereinafter “Products”) covers defects in materials and manufacturing process and lasts for a period of one (1) year from the purchase date.

If a defect arises within the warranty period, the hardware product will be repaired or replaced with a new upon return of the defective product.

Please refer to our warranty for more information.

General

These Terms shall be governed by and construed in accordance with the laws of Greece without regard to conflict of laws principles. Any action relating to these Terms must be brought in the state courts located in Ioannina, Greece 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 Terracom S.A. and govern your use of the Services, superseding any prior agreements between you and Terracom S.A.. 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 Services, you agree to receive occasional emails from Terracom S.A.. These emails shall include notices about your account and information concerning or related to the Services. These emails shall be a part of your relationship with Terracom S.A.. You agree that any notice, agreements, disclosure or other communications that Terracom S.A. 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.

Contact Us

If you have any questions or comments about these Terms, please contact us at: info(at)spotypal(dot)com .