TERMS OF SERVICE
(Last Updated: January 15, 2013)
These terms of service (“Terms”) govern your access to and use of the OdoCost website, products, software and service (collectively, the “Service”) whether free or provided on a subscription basis. For purposes of this Agreement “OdoCost, us or we” refers to OdoCost d.o.o. and “you” shall mean either you as an individual or the business, government entity, or entities on whose behalf you are accepting this Terms.
The Agreement Between You And OdoCost
By registering or using the Service and accepting this Terms, you agree that you are accepting this Terms on behalf of yourself and any of your Team members that are linked to your Account, and that you are solely responsible and liable for any non-compliance. You further represent that you are authorized to accept these terms and conditions. If you cannot accept this Agreement, please do not use the Service.
OdoCost reserves the right to modify the Terms at any time without notice to you. Any changes will be effective immediately upon posting the revised version. Your use of this Service constitutes your agreement to all such terms, conditions, and notices.
The Service is licensed, not sold, to You under these Terms. If you receive Software from us such as the mobile application that You install on your mobile device (“Software”), its use is governed in one of two ways: If you’re presented with license terms that you must accept in order to use the Software, those terms apply; if no license is presented to you, these Terms apply. Your license is automatically revoked if you violate these Legal Terms.
Software – OdoCost hereby grants you limited, non-exclusive, non-transferable, non-sub-licensable, revocable “Free of charge” perpetual license to use the Software subject to these Terms.
Server – All features accessible to you after successful Registration (“Server”) are licensed to you under subscription license Plans. OdoCost hereby grants you limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to use the Server subject to all Legal Terms.
OdoCost shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to incorporate into the Service or otherwise use any suggestions, enhancement requests, recommendations or other feedback we receive from you.
Service Available “AS-IS”
You understand that our service is provided “AS IS”, at your own risk, without WARRANTY OF ANY KIND. OdoCost does not warrant that the service will be uninterrupted, timely, error-free or completely secure. You acknowledge and agree that OdoCost is dependent on the performance of the third parties and therefore OdoCost is in no way responsible for:
(A) the quality, reliability, speed and/or availability of the Internet Services that you need to access our Service
(B) the GPS signal quality, reliability and/or availability
(C) hosting services
(D) accuracy of the mileage, altitude, speed and other data calculated based on your device GPS data
(E) the installation, operation, quality of transmission, cost, or maintenance of any mobile devices or equipment required to utilize the Services
(F) any external legal issues or requirements that you may come under when using the Service
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account including activities of your team members that you have invited. You agree to notify OdoCost immediately of any unauthorized use of your account or any other breach of security. OdoCost may suspend access to your account, or close your account, with or without notice according to these Terms if you:
(A) provide any information that is false, inaccurate, out of date, or incomplete
(B) breach or violate any of these Legal Terms
(C) do not pay subscription fees or other sums due
Use of Communication Services
The Service may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, calendars and/or other message or communication facilities designed to enable you to communicate with others (collectively „Communication Services“). By way of example, and not as a limitation, you agree that when using the Communication Services or the website, you will not violate any applicable laws or regulations.
OdoCost has no obligation to monitor the Communication Services. However, OdoCost reserves the right to review materials posted to the Communication Services and to remove and/or edit any materials in its sole discretion. OdoCost reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. OdoCost reserves the right at all times to disclose any information as OdoCost deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part in OdoCost’s sole discretion.
OdoCost needs to collect, process, store and use your GPS data to the extent that is needed for enabling you to use the Service. You agree to the collection, processing, storage of your GPS location data by OdoCost service and that OdoCost will make the data available to third parties that OdoCost uses for provision of the Service (f.e. cloud services). By using the OdoCost service, you agree that your personal information and GPS data might be transferred and processed outside your home country.
You may revoke your consent regarding collection, processing and storage of your location data by OdoCost at any time. You acknowledge that as a result OdoCost might not be able to provide the Service to you anymore. The revocation will not impact your due payment duties.
Acceptable Use Policy
You are independently responsible for complying with all applicable laws in all of your actions related to your use of Service. You agree to use the Service:
(A) not violating any law, statute, ordinance or regulation considerately
(B) not excessively use Service so your usage will not disproportionately affect the quality, capacity, performance of Service delivered to others
(C) violate the privacy of others, or to defame others
(D) not exploit the Service commercially for example: license, sub-license, sell, rent, resell, transfer, assign, distribute
(E) make Service available to any third party without the prior written consent of OdoCost
(F) modify or make derivative works, reverse engineer or otherwise discover the source code of any software making up the service
(G) access the Service in order to build a competitive product or service
You agree to indemnify, defend and hold OdoCost, and its subsidiaries, affiliates, officers, agents, co-branders, partners, contractors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Submissions, your use of the Service, including any use by your end-users, your violation of the Legal Terms, or your violation of any rights of another.
Term and Termination
Unless terminated by the OdoCost, this agreement will remain in full force and effect while you use any of the Services. You may terminate this agreement at any time by cancelling your Account. We can terminate this agreement at any time, particularly if you violate any provision of this agreement.
Miscellaneous Legal Terms
(Last Updated: 10.06.2015)
What Information We Collect
OdoCost collects and uses your information to deliver the Services you have requested. All of the different information described below are collectively referred to as “Information”. We may collect and store the following information when running the Service:
(A) Information related to your account such as your username, email address, name, avatar (collectively “Personal information“)
(B) Your billing information our partners need to process your payment together with billing transaction log
(C) Log data from your browser and mobile device and your activity using the Service to such as the type of device or browser you are using, type of operating system, IP address
(D) Cookies to identify your computer, mobile device and to evaluate how our Services are used and to provide continuous improvement to our Services
(E) Mobile device status information such as GPS signal, battery, Internet connectivity
(F) If you enable location service on your mobile device we collect location data from your device, including latitude and longitude, speed and heading (collectively, “Location Information”).
We may also use Personal Information to resolve disputes, collect fees, and troubleshoot problems or to prevent potentially prohibited or illegal activities, and enforce our Terms.
How We Use the Information
We don’t use collected Information for any purpose other than to make sure it is available to you when you use the Service. OdoCost does not sell, rent or lease its customer lists to third parties. We may disclose your non-private, aggregated, or otherwise non-personal information, such as usage statistics of our Service.
Data Storage and Transfer
As the OdoCost Service is available worldwide, it may be necessary to transfer your information internationally. When you synchronize your computing device with the Service, the Information that is created on your device by OdoCost Service will be generally transferred and processed by Microsoft Azure cloud-servers, which are generally located in the Europe.
Our Disclosure of Your Information
We may disclose Personal Information to respond to legal requirements, to enforce our policies, to respond to claims that a listing or other content violates the rights of others, or to protect anyone’s rights, property, or safety. Such Personal Information will be disclosed in accordance with applicable laws and regulations.
We recognize our responsibility to protect the Personal Information You entrust to us. We take administrative, technical and physical measures to safeguard Your Personal Information against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction. However We cannot fully eliminate security risks associated with Personal Information and OdoCost cannot be held liable for any unauthorized access or use of the data You have supplied to us.
Other Contract Terms
(Last Updated: 10. June, 2015)
These “Payment Terms” apply whenever you elect to purchase a subscription plan from us. By purchasing a subscription from OdoCost, you agree to be legally bound by these Payment Terms. We might periodically amend this policy for any reason. By “Server” we mean all online cloud-based Web features available to you after successful Account registration/login.
Plans and Billing
The Server license is made available on pay-as-you go basis and is available to you from the date you elect to buy a subscription plan (“Plan”). All Plans are prepaid for the period selected (monthly or annual) and renew automatically until you cancel or OdoCost terminates it. If you purchase a Plan you agree and authorize OdoCost or its third party payment providers to charge your credit card monthly or yearly, for all applicable fees, on the date you purchase the Plan, subject to the procedures and rules contained in these Payment Terms. If your Plan began on a day not contained in a subsequent month (e.g., your service began on January 30, and there is no February 30), we will process your payment on the last day of such month. You agree that we have permission to share with third party financial institutions and payment processing firms your billing and payment information for the purpose of processing payment. You must keep all billing information accurate.
Free trial – The first 45 days after you register your Server account are absolutely free and you may cancel at any time. During trial you can also invite Team members to use the Service for free. If you, by the end of trial did not to subscribe to any paid-premium Plan, we will automatically switch you to FREE plan. You will lose access to selected Premium features and you will not be able to access your data on the Server anymore. We strongly advise that you sync, print or export your trip records data prior end of your trial. If you decide to buy any subscription plan we will immediately enable all premium features. You can change subscription billing periods during your free trial. After trial period, it will not be possible to switch from the Annual subscription plan to monthly subscription until Annual subscription plan renewal date takes place.
Money Back Guarantee
30 Days 100 % Money Back Guarantee – If you decide to buy any Plan we give you 30 days from the date of purchase to cancel your subscription and we give you 100 % refund. After this period we will not be able to refund should you decide to cancel your Plan.
The fees applicable for Plans (“Fees”) excludes all taxes and charges, unless stated otherwise. You’re responsible for any taxes and for all other charges (for example, data charges and currency exchange settlements).
We may change the Fee of any Plan. We will send advance notice of these changes by email to the address in your account information. These changes would apply after the expiration of your then current billing cycle of your selected Plan. If you do not agree to pay the new price or other applicable charges, you may elect to cancel your Plan before Fee changes take effect.
You will pay the Fees in the currency OdoCost quoted for your account. We reserves the right to change the quoted currency at any time.
Refunds and Plans Modifications
The Service is available as try before buy, so you can test the Service before buying it and determine that it works correctly and that it solves your needs. We also offer a 30 days 100% money back guarantee after you purchase the subscription Plan. After this period we will not be able to refund any portion of the subscription Plan Fee.
If you are changing number of users going from annual to monthly Plan and its past our 30-day 100% money back guarantee period, we won’t be able to refund any portion of the annual subscription fee.
If you are going from monthly to annual Plan the adjusted Fee will kick in immediately. If you are downgrading the number of monthly Server License Plans your adjusted Fee will kick in when your next monthly billing cycle begins. If you are increasing the number of Monthly Server License Plans your adjusted Fee will kick in immediately.
If you are downgrading the number of Annual Server License Plans the adjusted Fee will kick in after your year has completed. We will not be able to refund any portion of the subscription Fee.
If you are increasing the number of Annual Server License Plans your adjusted Fee will kick immediately.
If a charge to your Plan is declined, we may make additional attempts to process the payment. If payment continues to fail, we will display a Billing Issue message to you and your Team members and we may attempt to notify you by email.
If you have an outstanding balance for more than 7 days, we deactivate your and your Team members accounts and they will not be able to access and use the server.
You may cancel your Plan at any time, and cancellation will be effective immediately and it takes effect on your next billing cycle. For example, you chose a monthly subscription Plan on May 1 and your credit card is charged a Fee. On May 16, you decide to cancel. No further charges will be made to your credit card, but you will not receive a refund for the period of December 17 through May 31. This cancellation policy applies whether you’ve chosen a monthly or annual subscription plan.
We may cancel your subscription Plan and revoke access to your Service if any fee is not paid in a timely manner or if OdoCost is unable to process your transaction using the credit card information provided.
Other Contract Terms
(Last Updated: 10. June, 2015)
By participating in the Referral Bonus (the "Bonus"), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
Friend - individuals with whom you have a pre-existing personal or business relationship
This referral incentive program is for a limited time only. The requirements and incentives are subject to change.
Refer a friend
You must only refer OdoCost to individuals with whom you have a pre-existing personal or business relationship and who you believe would like to receive the Referral offer. You must not submit yourself for this referral bonus.
No Spamming. We strictly forbid the sending of unsolicited e-mail to numerous recipients ("spamming")
For you and your Fried to earn bonus following requirements must be satisfied:
• friend does not have OdoCost account
• friend installs OdoCost app on their mobile
• invitee creates account & signs in
You agree not to use any false email addresses or names for this Bonus.
We reserve the right to suspend your account and remove your referrals and those that you invited should we notice any activity we determine as abuse of the referral program.
These Terms and Conditions may be amended or modified by OdoCost in its sole discretion at any time and these amendments and modifications will apply to you when you use the OdoCost service. Any such amendments will be posted to this page, and it is your responsibility to review this page from time to time for such amendments.