TERMS AND CONDITIONS OF USE OF THE MAPSIGNAL SERVICE, SUPPORT AND SOFTWARE
The Cargo Info & Data may revise these terms and conditions at any time, with or without notice to you. You should visit https://www.MapSignal.com/terms-of-use.html occasionally so that to review the current terms and conditions of use for the MAPSIGNAL service.
The MAPSIGNAL service combines a satellite navigation (hereinafter, "GPS/GLONASS"), wireless and web technologies to provide fleet dispatching, management of workforce and activity reporting. To ensure these services, the Cargo Info & Data has to periodically receive the current GPS/GLONASS location of your wireless devices with the MAPSIGNAL or other software able to transmit the necessary data for a correct operation of the MAPSIGNAL services with subsequent display in the MAPSIGNAL service.
The "wireless device" or "GPS/GLONASS hardware" means any device able to provide positioning information where the MAPSIGNAL software is installed (usually mobile devices, navigation devices, embedded or portable telematics devices such as controllers, trackers, sensors, etc.).
When using the MAPSIGNAL service, you allow your and/or your personnel GPS/GLONASS hardware to be located; and these locations to be recorded, compiled, stored and displayed. The use of MAPSIGNAL is free under certain conditions. At exceeding defined limits, or in need of a higher level of services, an additional paid service is required. Employment of the MAPSIGNAL service includes download of the MAPSIGNAL software to your wireless devices (if applicable), as well as any upgrades, modifications, or supplements thereto (collectively, "MAPSIGNAL Software"), but does not include any hardware devices which do not require the download of MAPSIGNAL software (for example, standalone GPS/GLONASS receivers) for their operation. A complete description of the MapSignal service is available on the MAPSIGNAL website, located at https://www.MapSignal.com.
The MAPSIGNAL service is designed for your internal business and personal use and is not intended for resale or other transfer or disposition to any other person or entity..
The MAPSIGNAL service utilizes map and other data licensed to Cargo Info & Data by third parties for the benefit of you and other end users. This Agreement includes links to end-user terms and conditions required by these companies (set forth at the end of this Agreement), and thus the use of the MAPSIGNAL service is limited by and governed by such conditions.
LOCATION AND ROUTE INFORMATION
For the Cargo Info & Data to provide the MapSignal service, Cargo Info & Data must record your route information, including your departure point, destination address, the starting and ending time of your trip, and the route you wish to follow, and must periodically receive your GPS/GLONASS location from the GPS/GLONASS hardware associated with your wireless device, as well as continuously record and collect data regarding the location of your GPS/GLONASS and wireless devices, statuses and notices of the MAPSIGNAL users directly connected with the route, such as delivery statuses, weather, and any system notifications sent by MAPSIGNAL services or other users of the MAPSIGNAL service.
SAFE AND LEGAL USE OF THE MAPSIGNAL SERVICE
As a user of app.mapsignal.com you bear sole liability for your own actions related to the dissemination and/or restriction of any incoming or outgoing information through app.mapsignal.com’s online service. Your actions could provide or limit third parties’ access to your information on app.mapsignal.com and in the MAPSIGNAL mobile application. The app.mapsignal.com online service does not bear liability for:
- (A.) the actions of third parties related to the dissemination of information which they received with your express permission and access;
- (B.) the limitations and/or losses of third parties related to the restriction of access to information which result from the actions of any other users.
ВYou are solely responsible for ensuring that your drivers drive safe and observe all traffic rules. You agree to be bound by the following terms when using the MAPSIGNAL service:
- Observe all traffic rules and drive safely.
- Use your own personal opinion while driving. Do not interact with the MAPSIGNAL service if the vehicle does not stand still and is not parked in a safe place. A safe place means no likelihood of being jeopardized by other vehicles on highways, roads or lanes.
- Do not use the MAPSIGNAL service for any illegal, unauthorized, unintended, hazardous, or unlawful purposes, or in any way inconsistent with this Agreement.
- Place all GPS/GLONASS devices, other wireless positioning devices and the corresponding cables necessary for use of the MAPSIGNAL service in a safe manner in your vehicle, so that they will not interfere with your driving and will not prevent the operation of any safety systems (e.g., airbags).
Before the paid MAPSIGNAL service will be activated, you must:
(I) provide Cargo Info & Data with your payment account details (such as your bank name, account number, full name of the organization/full name of a physical person, registration number of the organization and taxpayer's number/personal document number of the physical person, organization address, amount and currency of payment) of the payer;
(II) provide Cargo Info & Data with your payment account details of a valid bank card (VISA, Visa Electron, MasterCard, Maestro, American Express, МИР, China UnionPay, JCB);
You agree to pay all fees accrued and submitted for payment on your account for using the MAPSIGNAL service (including federal and local taxes), in accordance with the Cargo Info & Data billing terms applicable at the time of charging. If you choose an unlimited subscription time, you will be charged such fees each month, even if the MAPSIGNAL service is not used by you. This subscription can be canceled by you at any time. Cargo Info & Data reserves the right to change the fees for the MAPSIGNAL services and the content of services within these fees at any time, after a prior notice.
Any payments from the User to Cargo Info & Data are prepaid for access to the service in the future MAPSIGNAL period corresponding to the fee paid and the period of use of this fee. Granting of access to paid functions of the MAPSIGNAL service occurs:
(I) after receiving the confirmation from the processing bank (for VISA, Visa Electron, MasterCard, Maestro, American Express, China UnionPay, and JCB) of the fact of transfer of funds necessary to provide services to the account Cargo Info & Data of the payer;
(II) after receipt of the necessary funds for the service to the Cargo Info & Data account from the payer..
If payment cannot be charged to your bank card or your payment request is returned to Cargo Info & Data for any reason, or you otherwise fail to pay the charges for the MAPSIGNAL services on time, Cargo Info & Data reserves the right to take any and all legal remedies to suspend or terminate your access to the MAPSIGNAL service and collect the amount of your debt.
You agree that the MAPSIGNAL will invoice for its services in electronic form, sending an electronic document to your email address (specified in billing details you have provided), as well as publish and make it accessible from your web account in the MAPSIGNAL service. The electronic document will be created in a widely used format (for example, a .pdf or .doc file) and can be created without a verified electronic signature.
CHARGES FOR DATA TRANSFER
The MAPSIGNAL data you send from your wireless devices can create additional costs in accordance with the fees of telecom operators ensuring forward of this data. The MAPSIGNAL software and the MAPSIGNAL services and support do not provide information on carrier fees and the amount and cost of the data being sent.
You are solely responsible for any fees charged by your telecom operator to access the MAPSIGNAL services and support, including any data plan fees, service charges, roaming charges, or other additional fees. Standard messaging rates and other charges may apply when using certain features in the MAPSIGNAL service.
Using the MAPSIGNAL service and MAPSIGNAL software, you agree to receive from Cargo Info & Data all the messages necessary for its proper functioning, including systematic notices, the delivery of which may be related to your additional expenses to third parties (for example, service operators or access providers in the Internet).
TERMINATION, CANCELLATION AND REFUND POLICY
Cargo Info & Data offers a free usage plan of the MAPSIGNAL web service when a new User registers at https://app.mapsignal.com, so that Users can evaluate the quality of MAPSIGNAL’s services, features, and the associated benefits. Transitioning to a paid plan in MAPSIGNAL means that the User is satisfied with the quality of the web service and agrees to pay for it.
A user who wants to raise his tariff plan from a lesser to a greater (more expensive) plan during the current prepayment period can do so by paying for any tariff plan with a higher cost during the validity period of any other tariff plan with a lower cost. The User will not be reimbursed for the difference in cost between tariff plans for any prepaid period.
Conditions for when a tariff plan paid for by the User comes into effect:
(A.) when paying by bank card – it comes into effect immediately after confirmation of a successful transaction;
(B.) when paying by bank transfer based on an invoice issued to the User – within one (1) business day from when the funds arrive in Cargo Info & Data’s account.
A User who wants to lower his tariff plan from a greater to a lesser (from a more expensive to a less expensive) plan can do so by paying for any tariff plan with a lower cost. The User will not be reimbursed for the difference in cost between tariff plans for any prepaid period. The User’s newly purchased tariff plan comes into effect immediately.
A User may not cancel the MAPSIGNAL services and demand a refund for a tariff plan that has already been paid for within the entire prepayment period.
Use of a tariff plan can be extended automatically by the User by activating automatic debiting of funds from a bank card (providing authorization for the automatic payment of a certain sum with a designated purpose), which can be set up or cancelled when paying for the MAPSIGNAL web service. Please note that in order for this function to work correctly, the payer’s bank card needs to have sufficient funds!
A User who has carried out a duplicate order (an erroneous repeat payment) of a tariff plan which has already been paid for may demand a refund within thirty (30) calendar days after the payment was made.
Note that, on the MAPSIGNAL web service, a User cannot make an erroneous payment for another tariff plan (in addition to the already purchased plan). If this has nevertheless taken place, for example through paying for another tariff plan at the payer’s bank according to an invoice issued by MAPSIGNAL, the User must send a request for a refund of the cost of the duplicate order within thirty (30) calendar days after making the payment.
In order to send a refund request for a duplicate order, the User must contact Cargo Info & data in one of the following ways:
(I.) by informing Cargo Info & Data by email: firstname.lastname@example.org;
(II.) by sending a registered letter addressed to Cargo Info & Data LP, 39/5 Granton Crescent, Edinburgh, United Kingdom, EH5 1BN.
The request for a duplicate order refund must indicate:
(I.) The full name of the registered User (as indicated in the web service);
(II.) The date that the duplicate order payment was made;
(III.) The duplicate order amount;
(IV.) The number of the bank card used to pay for the duplicate order (if this payment method was used);
(V.) The tariff plan and its cost when the payment was made;
(VI.) A statement in English in free-form with a detailed description of the problem and the reason a refund is being requested;
(VII.) The applicant’s full name;
(VIII.) The full details of the applicant’s legal entity or physical entity;
(IX.) The applicant’s complete contact details;
(X.) The date of the request.
Each request will be considered individually and in an orderly fashion, and will usually take up to ten (10) work days. A representative of Cargo Info & Data will keep the applicant informed about the status of the duplicate order refund request.
After the refund request has been approved, a representative of Cargo Info & Data will contact the applicant concerning the refund payment. Please note that the process of handling the applicant’s refund may take several weeks, depending on the manner of payment, the applicant’s bank, and other factors outside of Cargo Info & Data’s control.
If the User does not request a refund for the duplicate order:
(I.) if the tariff plan paid for the second time is identical to the previously purchased plan, the period of the tariff plan that was paid for will automatically be added to the period of the same tariff plan which had already been paid for;
(II.) if the tariff plan paid for the second time is lower (less expensive) than the already purchased plan, the MAPSIGNAL web service will provide services in the first prepaid period according to the higher (more expensive) tariff plan, and services according to the lower (less expensive) tariff plan will not be provided;
(III.) if the tariff plan paid for the second time is higher (more expensive) than the already purchased plan, the MAPSIGNAL web service will provide services according to the higher tariff plan, and services according to the lower (less expensive) tariff plan will not be provided.
Cargo Info & Data reserves the right to end a User’s access to the MAPSIGNAL service at any time and for any reason or without reason and without advance notice. A User may stop using the MAPSIGNAL service at any time in any of the following ways:
(I.) by sending a notice to Cargo Info & Data by email: email@example.com;
(II.) by sending a registered letter with a MAPSIGNAL service cancellation notice, addressed to Cargo Info & Data LP, 39/5 Granton Crescent, Edinburgh, United Kingdom, EH5 1BN;
(III.) by not paying for access to the MAPSIGNAL service in the next time period.
Any such cancellation will come into effect when the access period to the MAPSIGNAL service already paid for by the user comes to an end, or after Cargo Info & Data receives your notice.
You (the User) are also aware and in agreement that, if a third party stops, temporarily fails to provide or limits its services in another way, Cargo Info & Data may stop or limit its own services accordingly. Cargo Info & Data will do its utmost to eliminate obstacles as quickly as possible or to replace the missing third party services with a corresponding service from the same or a different external supplier.
Once you stop using the MAPSIGNAL service, Cargo Info & Data does not bear any liability towards you or any other obligations according to the current Agreement. No prepaid funds received by Cargo Info & Data from the User as payment for the MAPSIGNAL service will be refunded or compensated.
You agree: (i) when subscribing to the MAPSIGNAL service, to provide Cargo Info & Data with true, accurate, current, and complete information about yourself and (ii) to promptly inform Cargo Info & Data of any changes to such information so that the data remains accurate, actual, and complete.
If you provide Cargo Info & Data with any information that is untrue, inaccurate, not current or incomplete, or the use of MAPSIGNAL services or supports entails a deliberate violation of the terms of this Agreement, or Cargo Info & Data has reasonable grounds to suspect this, Cargo Info & Data has the right to suspend or terminate your access to the MAPSIGNAL service and any related services.
Subject to your compliance with the terms of this Agreement, Cargo Info & Data hereby grants you a personal, non-exclusive, non-transferable license to: (i) download or otherwise copy MAPSIGNAL software to your mobile device; (ii) access and use the MAPSIGNAL service.
This license shall terminate upon termination of this Agreement, or when you suspend, terminate or cancel your access to the MAPSIGNAL service.
With the exception of the Restricted License expressly granted herein, Cargo Info & Data shall own all proprietary rights to MAPSIGNAL software, including, without limitation, all intellectual property rights and the MAPSIGNAL trademark.
You agree not to do the following:
- Re-design, decompile, disassemble, translate, modify, alter, or otherwise change the MAPSIGNAL software, or any part thereof.
- Try to get the source code, software structure, or access codes for MAPSIGNAL services or supports without the prior written consent of Cargo Info & Data.
- Remove from the software the title, the links to the legal owner or the MAPSIGNAL trademark, or modify any trademarks, trade names, logos, patent or copyright notices, or other notices or markings of Cargo Info & Data or its suppliers.
- Distribute, sublicense or otherwise transfer the MAPSIGNAL software to others, unless you have a valid distribution contract between you and Cargo Info & Data.
To the maximum extent permissible under applicable law, under no circumstances will Cargo Info & Data, its licensors and suppliers, or agents or employees, be liable for any decisions made or actions taken by you or by anyone else in reliance on the information provided by the services, support service or software of MAPSIGNAL. You are responsible for the entire risk associated with your use of the MAPSIGNAL service and the MAPSIGNAL software.
The MAPSIGNAL service and MAPSIGNAL software are provided "as is" and without any express or implied warranties. Cargo Info & Data disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
The current legislation may not allow certain warranty exceptions, so one or more of the above disclaimers may not apply to you.
You understand and agree that the MAPSIGNAL software is downloaded to your wireless device at your discretion and at your own risk and that you are fully responsible for any damages to your wireless device, or for loss of data, resulting from the download of such software.
Cargo Info & Data does not guarantee that the MAPSIGNAL services, support, or software will not infringe the intellectual property rights of third parties.
Cargo Info & Data also does not guarantee that your use of the MAPSIGNAL service will be uninterrupted or error-free. Cargo Info & Data assumes that there may be temporary interruptions of the MAPSIGNAL service from time to time (for example, when you use the MAPSIGNAL software in a zone with a poor or missing mobile coverage that is not sufficient for successful data transmission, or when the Cloud services used by MAPSIGNAL Services or your carrier's network is unavailable for any reason). Cargo Info & Data will make reasonable efforts to limit or prevent such phenomena, but in no case will Cargo Info & Data be liable for any financial or other losses due to such interruptions.
Cargo Info & Data also does not guarantee the accuracy of the map or other data used for the MAPSIGNAL service. Such data may not always reflect reality, due to, e.g., road closures, construction, weather, new roads and other changing conditions.
Cargo Info & Data makes no representations or warranties regarding the security of the MAPSIGNAL service or the transmission of data or information from and to Cargo Info & Data and your wireless device. Cargo Info & Data will not be liable to you or anyone else in the event of any unauthorized entry into any of its systems, services or data storage..
LIMITATION OF LIABILITY
To the extent permitted by applicable law, under no circumstances shall Cargo Info & Data, its Suppliers, or its licensors (and their licensors and suppliers) be liable to you or anyone else for any loss, injury, or damages (including, but not limited to, any compensations, penalties, special, incidental or consequential damages) due to or in connection with the use of MAPSIGNAL services, software or support by you or anyone else, in connection with any defects in MAPSIGNAL service or software, or any infringement of this Agreement, even if Cargo Info & Data, its suppliers, or its licensors have been warned about the possibility of such damages.
Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above exceptions may not apply to you.
To the extent permitted by applicable law, you agree to indemnify, defend and hold Cargo Info & Data, its suppliers and its licensors (including their respective licensors, suppliers, successors, subsidiaries, affiliates, and respective officers, directors, employees, shareholders, beneficiaries, agents and representatives of each of them) harmless and free from any liability, loss, damage (including injuries and irreparable damage to health), demand, trust, actions, costs, expenses or claims of any kind or nature, including but not limited to attorneys' fees, arising from or in connection with your use of the MAPSIGNAL service and MAPSIGNAL software.
ARBITRATION AND GOVERNING LAW
You agree that any dispute, claim or controversy arising out of or in connection with this Agreement regarding the action or inaction of Cargo Info & Data, the MAPSIGNAL service and MAPSIGNAL software shall be settled through independent arbitration involving a neutral arbitrator and administered by the Vienna International Arbitration Center (VIAC). The arbitrator shall apply the Commercial Arbitration Rules of the Austrian Arbitration Association – ArbAut, and the judgment made by the arbitrator may be entered by any court having due jurisdiction. The arbitration proceedings shall be conducted in English. Please note that there is no judge or jury in arbitration proceedings, and the arbitrator's decision shall be binding on both parties.
This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom of Great Britain and Northern Ireland, without regard to its conflict of laws provisions. You agree to be subject to the exclusive jurisdiction of the courts of the County of England, UK, Europe.
Cargo Info & Data is not responsible for failure to perform the MAPSIGNAL service if such failure results from the following:
(I) Natural disasters, such as earthquakes, storms, hurricanes, floods, tornadoes and fires, and others classified as above;
(II) Human events, such as wars, civil war, insurrection, revolution, military coup, usurpation of power or confiscation, terrorist activities, nationalization, labor dispute, strike, invasion, military actions or military regulations (regardless of whether war is declared), or other major upheavals;
(III) The inability to operate beyond the control of the Cargo Info & Data, due to factors such as lockout or interruption or failure of electricity, communication provider faults, unavailability or failure of Cloud Services, vendor problems (product unavailable) or any other absence or failure of the infrastructure necessary to provide and run the MAPSIGNAL service;
(IV) Restrictions related to the regions where Cargo Info & Data headquarter or local offices are located, such as governmental restrictions (denial or cancellation of a relevant license), or state sanctions, blockades or embargoes;
Cargo Info & Data will make reasonable efforts to prevent such incidents and minimize delays or damages caused by such circumstances, but in no case will Cargo Info & Data be liable for any financial or other damages due to such changes or impacts..
If the cause for VIS MAJOR status cannot be eliminated for a long time and despite the efforts undertook, Cargo Info & Data may finally terminate the service on time at its discretion.
This Agreement constitutes the entire agreement between Cargo Info & Data and you regarding the subject matter of this Agreement.
Cargo Info & Data’s or your failure to require performance of any provision shall not in any way affect the right of the party to demand performance at any time thereafter..
If any provision of this Agreement is declared invalid, then such provision will be changed to correspond to the intention of the parties, while the remaining provisions of this Agreement will remain in full force and effect.
You may not transfer or resell any of your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to Cargo Info & Data. Notwithstanding the foregoing, Cargo Info & Data may transfer this Agreement to any affiliated person at any time without prior notice.
You agree that in the event of a request or inquiry from Cargo Info & Data to you and/or legal authority, you will participate in any legal proceeding regarding your use of the MAPSIGNAL service or the MAPSIGNAL software (even if Cargo Info & Data itself is not a party to the proceeding), you shall be responsible for all legal costs and expenses incurred by Cargo Info & Data as a result of such necessity or at the request of the participants.
Upon using the MAPSIGNAL service, you agree to receive from Cargo Info & Data all messages, including notices, agreements of legal and information content, or any other information directly or indirectly related to the MAPSIGNAL service (collectively, the "Notices") electronically. Cargo Info & Data can provide such notices by posting them on your MAPSIGNAL service account, the MAPSIGNAL software, or on any Cargo Info & Data resource, or by sending such notices to your wireless device. If you want to withdraw your consent to receive notices electronically, you must stop using the MAPSIGNAL service.
If you have any questions regarding the terms of this Agreement, requests and other inquiries, please send them in writing to Cargo Info & Data at the email address: firstname.lastname@example.org. Anonymous letters are not considered.
NOTE: Additional conditions applicable to you are as follows:
- About the conditions necessary for successful payment, in accordance with the method of payment and the requirements of the sender's bank, apply to your bank..
- Google APIs Terms of Service
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All other marks mentioned herein may be trademarks or registered trademarks of their respective owners.