End User Licence Agreement - 18 February 2018
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY INSTALLING OR USING THE PRODUCT YOU INDICATE ACCEPTANCE AND AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL OR USE THE PRODUCT.
- Remarks in these Terms regarding the Trax Hardware shall only be applicable if the Licensee has purchased or uses the Trax Hardware. If the Licensee has not purchased or does not use the Trax Hardware all reference to the Product in these Terms shall refer to the Trax Software.
- Google, Apple Inc and Microsoft Corporation are hereinafter referred to as the “Application Providers”. Remarks in these Terms regarding the “Application Providers” shall only apply for users that have accessed their Trax Software through iOS via Apple Inc, through Android via Google and through Windows Phone Store via Microsoft Corporation.
- The Product is provided by WTS – Wonder Technology Solutions AB (“WTS”) and these Terms are made between you (the “Licensee”) and WTS. The Application Providers have no responsibility under these Terms whether for content, warranties, maintenance or support. By accepting these Terms, you agree that the Application Providers are third party beneficiaries to these Terms and that the applicable Application Provider therefore may enforce the provisions of these Terms against you as a third party beneficiary.
- WTS reserves the right to modify the Terms in its sole and absolute discretion with or without notifying the Licensee. The latest version will be made available on the webpage traxfamily.com and the Licensee undertakes to revisit the webpage on a regular basis as the latest version of the Terms will be binding upon the Licensee. The Licensee acknowledges and agrees that the continued use of the Product after the Terms have been modified shall indicate that the Licensee has accepted the modifications.
- THE PRODUCT IS ONLY INTENDED TO USE TO TRACK CHILDREN WHOSE PARENT OR GUARDIAN HAS EXPLICITLY GIVEN THEIR PRIOR CONSENT TO HAVING THEIR CHILDREN’S LOCATION TRACKED. PETS AND ADULTS THAT HAVE EXPLICITLY GIVEN THEIR PRIOR CONSENT TO HAVING THEIR LOCATION TRACKED (THE “INTENDED PURPOSE”) AND MAY NOT BE USED FOR ANY OTHER PURPOSE. THE PRODUCT IS EQUIPPED WITH A SENSOR THAT PROVIDES NON-GPS TRACKING CALCULATING THE SPEED AND MOVEMENT OF THE TRAX HARDWARE, THIS SERVICE IS HOWEVER LESS RELIABLE THAN GPS TRACING WHY THE PRODUCT IS PRIMERALLY INTEDED TO BE USED FOR OUTDOOR TRACKING. THE LICENSEE ACKNOWLEDGES AND AGREES THAT THE PRODUCT DOES NOT INTEND TO REPLACE PROPER SUPERVISION OF CHILDREN, PETS AND ADULTS IN NEED OF SUPERVISION AND THAT THE PRODUCT ONLY IS AN AID MECHANISM. AS FURTHER DESCRIBED BELOW THE PRODUCT IS PROVIDED “AS IS” AND NO WARRANTIES WHATSOEVER ARE PROVIDED BY WTS IN RESPECT OF FITNESS FOR A PARTICULAR PURPOSE, ACCESSIBILITY AND AVAILABILITY. WTS DO NOT GUARANTEE THAT ANY LOST PETS, CHILDREN OR ADULTS WILL BE FOUND AND WTS WILL NOT PROVIDE ANY SERVICES OR ASSISTANCE WHATSOEVER IN RESPECT OF LOCATING LOST CHILDREN, PETS AND/OR ADULTS. THE LICENSEE ACKNOWLEDGES AND AGREES THAT TUNNELS, BUILDINGS, HILLS, WEATHER AND A LARGE NUMBER OF OTHER FACTORS AND CIRCUMSTANCES OUTSIDE OF WTS’ CONTROL MIGHT CAUSE DISTURBANCES IN THE FUNCTIONING OF THE PRODUCT AND THE LICENSEE ACKNOWLEDGES AND AGREES THAT THE USE OF THE PRODUCT SHALL BE AT THE LICENSEE’S SOLE RISK AND RESPONSIBILITY.
- Subject to the terms and conditions set out herein the Licensee is hereby granted a limited, non‑exclusive, non-transferable right to use the Trax Software for the sole purpose of using the Product (the “License”). Provided that all the fees relating to the License are paid by the Licensee, the License is valid for a period of two (2) years from the day of purchase of the Trax Hardware (the “Initial License Period”). The Licensee has the option to prolong the License upon the expiry of the Initial License Period. If the License is not prolonged the Product will automatically be turned off upon the expiry of the Initial License Period. The Licensee acknowledges and agrees that the Product consists of both Trax Hardware and Trax Software and that the Product will cease to function upon the expiry of the Initial License Period unless the License is prolonged by the Licensee. It is the Licensee’s sole responsibility to ensure that the License is prolonged upon the expiry of the Initial License Period and the Licensee understands that any eventual prolongation offers and reminders sent by WTS are optional services provided by WTS.
- The Trax Software may contain portions of software being the sole property of third parties. Such software is provided subject to the terms and conditions of such third party.
- WTS reserves any and all rights, implied or otherwise, which are not expressly granted to Licensee hereunder, and retains all rights, title and interest in and to the Trax Software.
- Licensee agrees that it has no right whatsoever to:
- modify the Trax Software or any portion thereof in any manner,
- reverse engineer, decompile, disassemble, modify, adapt, rent, lease, loan or create derivative works based upon the Trax Software or any part thereof, this does however not restrict any acts in relation to any parts of the Trax Software which are licensed under the general public license, to the extent such acts are not possible to restrict under such license agreements,
- use or provide the Trax Software as a managed service provider, application service provider, in any commercial time share arrangement, or in any activity intended to directly produce revenue without the prior written approval from WTS,
- resell the Trax Software licensed hereunder nor use the software to provide consulting or training services to third parties, or
- assign the Trax Software to a third party without the prior written consent of WTS,
- use the License in violation of these Terms or any applicable law.
Availability, Accessibility and Coverage
- The Licensee acknowledges and agrees that WTS reserves the right without notifying the Licensee to modify, update or discontinue the Trax Software at its sole discretion, at any time, for any or no reason. The Licensee acknowledges and agrees that the Product consists of both Trax Hardware and Trax Software and that the Product will not be functioning during the time the Trax Software is being modified, updated or discontinued.
- The accessibility of the Trax Software is dependent on a large number of factors and circumstances outside of WTS’ control. Thus, it is not possible for WTS to provide any undertakings that data or signals can be sent, conveyed, or received in the intended manner, or at all. This means that it is not possible for WTS to provide any undertakings in respect of the completeness or quality of the location of Trax Hardware worn by children and/or pets why the Licensee agrees and understand that the use of the Product shall be at the Licensee’s own risk and responsibility as further described below.
- Any Product coverage map provided by WTS, if any, shall only be regarded as WTS’ best estimate with respect to geographical coverage and shall in no event be deemed to constitute any warranty whatsoever.
- The countries where the Product will be able to be used are listed on www.traxfamily.com (the “Area of Territory”). WTS reserves the right to amend the Area of Territory (add countries or remove countries) and the from time to time applicable Area of Territory will be available on www.traxfamily.com why the Licensee undertakes to revisit www.traxfamily.com on a regular basis.
Warranties, Disclaimers and Limitations of Liability
- THE LICENSEE ACKNOWLEDGES AND AGREES THAT THE PRODUCT DOES NOT INTEND TO REPLACE PROPER SUPERVISION OF CHILDREN, PETS AND ADULTS IN NEED OF SUPERVISION AND THAT THE USAGE OF THE PRODUCT IS AT THE LICENSEE’S OWN RISK AND RESPONSIBILITY. WTS DO NOT GUARANTEE THAT ANY LOST PETS, CHILDREN OR ADULTS WILL BE FOUND AND WTS WILL NOT PROVIDE ANY SERVICES OR ASSISTANCE WHATSOEVER IN RESPECT OF LOCATING LOST CHILDREN, PETS, AND/OR ADULTS.
- THE LICENSEE AND WTS AGREE THAT THE PRODUCT IS PROVIDED “AS IS” AND THAT WTS, SERVICE PROVIDERS, WIRELESS CARRIERS, THE APPLICATION PROVIDERS AND AFFILIATES OF ANY OF THE FOREGOING MAKE NO WARRANTY AS TO THE PRODUCT, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ACCESSIBILITY AND AVAILABILITY. HENCE NO WARRANTY IS PROVIDED BY WTS, ANY WTS AFFILIATES, SERVICE PROVIDERS, WIRELESS CARRIERS OR THE APPLICATION PROVIDERS, WHO EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ACCESSIBILITY AND AVAILABILITY WITH REGARDS TO THE PRODUCT AND ANY PRODUCTS, SERVICES AND WRITTEN MATERIALS ASSOCIATED WITH THE PRODUCT.
- THE LICENSEE AND WTS AGREE THAT WTS IS NOT LIABLE FOR THE CONTENT PROVIDED BY THIRD PARTIES. ALL CONTENT IS PROVIDED “AS IS” AND UNSUPPORTED. WTS MAKES NO WARRANTIES FOR FUTURE DELIVERY OF THIRD PARTY CONTENT.
4.4 WTS, SERVICE PROVIDERS, WIRELESS CARRIERS, THE APPLICATION PROVIDERS AND AFFILIATES OF ANY OF THE FOREGOING MAKE NO WARRANTY ON THE ACCURACY, COMPLETENESS OR QUALITY OF ANY LOCATION, MAP DATA OR OTHER DATA MADE AVAILABLE TO THE LICENSEE. THE LICENSEE’S USE OF ANY INFORMATION MADE AVAILABLE VIA THE LICENSEE’S USE OF THE PRODUCT SHALL BE AT THE LICENSEE’S OWN RISK AND RESPONSIBILITY.
- TO THE EXTENT PERMITTED BY APPLICABLE LAW WTS WILL NOT BE LIABLE FOR ANY DAMAGES EXCEPT TO THE EXTENT CAUSED BY WTS’ GROSS NEGLIGENCE OR WILFUL MISCONDUCT ARISING OUT OF, OR RELATING TO, HURT OR LOST CHILDREN AND PETS, ACCURACY, COMPLETENESS OR QUALITY OF ANY LOCATION, MAP DATA OR OTHER DATA MADE AVAILABLE TO THE LICENSEE, THE PRODUCT’S NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ACCESSIBILITY OR AVAILABILITY. IN NO EVENT WILL WTS, ANY WTS AFFILIATES, SERVICE PROVIDERS, WIRELESS CARRIERS AND THE APPLICATION PROVIDERS, OR ANY OF THE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF ANY OF THE FOREGOING BE LIABLE TO THE LICENSEE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND DATA AND THE LIKE), WHETHER FORESEEABLE UNFORESEEABLE, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF WTS OR THE APPLICATION PROVIDERS OR ANY OF THEIR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WTS’ CUMULATIVE LIABILITY FOR DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO NO GREATER THAN THE AMOUNT OF MONEY PAID BY THE LICENSEE FOR THE PRODUCT. NO ACTION MAY BE BROUGHT AGAINST WTS LATER THAN ONE (1) YEAR FROM THE OCCURRENCE OF THE INCIDENT THAT CAUSED THE LICENSEE ALLEGED DAMAGES.
- THE LICENSEE ACKNOWLEDGES AND AGREES THAT THE LICENSEE HAS NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH ANY OF WTS’ SERVICE PROVIDERS AND THAT THE LICENSEE IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENTS ENTERED INTO BY WTS AND ANY SERVICE PROVIDERS. UNLESS THE LICENSEE HAS A SEPARATE AGREEMENT WITH ANY OF WTS’ SERVICE PROVIDERS, THE LICENSEE UNDERSTANDS THAT WTS’ SERVICE PROVIDERS HAVE NO LIABILITY WHATSOEVER OF ANY KIND TOWARDS THE LICENSEE.
Personal Data, Electronic Communication and Improvement of the Service
- The Licensee hereby gives its consent to that, for the purposes of providing the services related to the Product to the Licensee and for the purposes of direct marketing, personal information, including but not limited to, name, mobile phone number, make and model of mobile phone, email address, payment method, if the Licensee is a pet owner and/or has children and other information regarding the Licensee may be gathered, retained and processed by WTS. Licensee is responsible for providing accurate and truthful personal information to WTS. WTS will retain such personal data in its databases as long as the Licensee has an active user account for the Trax Software. WTS will, for the purpose of direct marketing, retain personal data in its databases for one (1) additional year after the user account has been deleted. Licensee who oppose that personal data is being processed for purposes concerning direct marketing shall give WTS notice hereof in writing.
- The Licensee hereby gives its consent to that, for the purposes of providing the services related to the Product to the Licensee, personal information such as location of the Licensee’s Trax Hardware and the Licensee’s location may be gathered, retained and processed by WTS. WTS will retain such personal data in its databases for sixty (60) days from when the relevant data was gathered.
- The Licensee may, at any time, request that WTS discloses any registered data regarding the Licensee (such request may be made free of charge once per year).The Licensee may, at any time, request that WTS stops the collection of personal data regarding the Licensee and deletes any retained personal data regarding the Licensee from its database. The Licensee is aware of, and understands that, the Product will be automatically turned off by WTS upon a request by the Licensee in accordance with the previous sentence since a functioning Product is dependent upon WTS having access to relevant personal information regarding the Licensee
- By using the Product the Licensee consents to receiving electronic communication including but not limited to emails, push notifications, SMS (short message service), MMS (multimedia messaging service) from WTS or any service providers. Electronic communication might include inter alia information regarding Product related services, information about the License etc.
- The Trax Software will collect anonymous data during usage. This information does not contain any unique identifiers to your Product or you personally. This information is used to improve the accuracy of the services related to the Product, the maps and for creating related new services.
- Unless prohibited by applicable law the Licensee will indemnify and hold harmless WTS, service providers, wireless carriers, the Application Providers and affiliates of any of the foregoing for all damages, losses and costs (including but not limited to reasonable attorneys’ cost and fees) arising out of the Licensee’s violation of these Terms and/or the terms applicable to the Trax Hardware.
- The Licensee undertakes: (i) not to use the Product in violation of these Terms, the terms and conditions applicable to the Trax Hardware or applicable law, (ii) not to use the Product to locate any person without such persons prior consent, (iii) only to use the Product for the Intended Purpose, and (iv) not to monitor, access, locate or in any other way use the Trax Hardware by using any other software than the Trax Software.
- The Licensee is fully responsible for acts or omissions by any third party to whom the Licensee has granted access to the Product or any parts thereof.
- Licensee hereby expressly agrees that WTS, in addition to any other rights or remedies which WTS may possess, shall be entitled to injunctive and other equitable relief without having to post bond or other security to prevent a material breach or continuing material breach of these Terms.
- WTS may cancel the Licensee’s access to the Trax Software at any time if the Licensee is in breach of the Terms or if the Licensee fails to pay any applicable service fees.
- The provisions of the preamble, sections and any provisions which by their nature are intended to remain in force upon the expiry or termination of the Terms shall survive the termination or expiry of the Terms for any reason whatsoever.
- Upon the expiry or termination of these Terms or the License granted hereunder WTS will automatically turn off the Product. Termination of these Terms shall not limit either party from pursuing any remedies available to it, including injunctive relief, or relieve Licensee of its obligation to pay all fees that have accrued or have become payable by Licensee hereunder.
All questions and other communication regarding these Terms or the Product shall be made in writing and sent by email or by registered mail to the following address:
Wonder Technology Solutions AB
111 24 Stockholm
- Any provision of these Terms that is prohibited or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective to the extent of the prohibition or unenforceability without invalidating the remaining provisions of the Terms. Any prohibition or unenforceability in any jurisdiction will not invalidate or render unenforceable that provision in any other jurisdiction.
- The headings of these Terms are for convenience of reference only and shall not in any way affect the meaning or interpretation of the provisions of these Terms.
- Any failure by WTS to exercise or enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.
These Terms, and any disputes, conflicts or claims under them, shall be governed by the substantive laws of Sweden without regard to its principles of conflicts of law.