Last updated: 13.4.2021
This Agreement for the YourFlare device and its associated tracking services (“Agreement”) is made between YFLab (“YFLab”) and the owner of the YourFlare device and user of the Tracking Service (Customer).
The Tracking Services (“Services”) provide device location and tracking from the Internet via the YFLab’s dedicated server and associated software (“Software”).
The Services include a secure logon for accessing and tracking the YourFlare device (“Device”) designed to send GPS positions and event notifications (Locates) to the Software.
This Agreement, including this Terms and Conditions (“Agreement”), is a contract under which YFLab agrees to provide and the Customer agrees to accept YFLab’s Services. It also defines conditions of use of the Device.
It is important that the Customer carefully reads ALL terms of this Agreement and any other agreement that the Customer signs or accepts with YFLab, which is hereby incorporated into this Agreement.
The Customer agrees not to use the Services or Devices for any unlawful or abusive purpose or in any way that interferes with the Software or the Devices. Customer will comply with all laws while using the Services or Devices and will not transmit any communication that would violate any federal, state, or local law, court, or regulation. By using the Services and the Devices, Customer agrees to abide by the terms and conditions of any software license agreements applicable to any software associated with the Services or Devices.
The Customer agrees not to:
- use the Services and Device to transmit content/messages that are, or in any manner that is, illegal, unlawful or fraudulent; to infringe on the copyright of YFLab or any third party another, or upload or transmit any virus, worm, or malicious code; or in any way prohibited by this Terms and Conditions, this Agreement or YFLab’s Policies;
- reproduce, copy, redistribute, sell, or other transfer of rights to the YFLab Software, or any components within the YFLab Software, YFLab’s name, any YFLab’s trademark, logo or other proprietary information and intellectual property.
- access, use or interfere with any of YFLab’s computer systems, any area of YFLab’s software that is not part of ordinary use, or YFLab’s providers technical delivery systems;
- perform any vulnerability assessments, probes or tests on any YFLab system or network, or breach any YFLab authentication or security;
- circumvent, disable or otherwise interfere with any technological measure implemented by YFLab or any of YFLab’s providers or any other third party (including another user) to protect the Software or the D;
- modify the Software or Device, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from all or any portion of the Software;
- interfere or attempt to interfere with the proper functioning of the Services;
- provide false or inaccurate information when registering an account;
- utilize the YFLab Software or Device for any competitive purposes;
- conduct any benchmark testing on the Software or Device;
- use the Services and Device for any unlawful purpose or in violation of any applicable law.
In the event of a violation of these Terms and Conditions, YFLab has the right to investigate, and may consult and cooperate with law enforcement authorities to prosecute violators.
Subject to the exclusions contained below, YFLab warrants the Device to be free from defects in materials and workmanship under normal consumer usage for the term of coverage outlined below. This limited warranty is a Customers’s exclusive remedy and applies as follows only to Device. Customer’s sole and exclusive remedy under this warranty (and YFLab entire liability) will be repair, or replacement with comparable new (or fully functional used) hardware as determined by YFLab
Except for the express limited warranty stated above, YFLab disclaims all warranties with respect to the hardware, Software (including all updates, modifications or future additions) and its performance, including, but not limited to, any implied warranties of merchantability and fitness for a particular purpose. YFLab makes no warranty that the YFLab hardware or software meets the requirements of Customer, or that the hardware and/or software will operate free of errors or uninterrupted or will function in Customer’s technology environment.
This warranty extends only to the first consumer purchaser, and is not transferable.
The Customer may not program or alter any of the Devices other than the normal programmable parameters of the Device enabled by Sofware. If any Device is stolen or Services used fraudulently, Customer must notify YFLab immediately and provide YFLab with such information and documentation as YFLab may request (including, without limitation, police reports, and affidavits). YFLab has the right to interrupt Services or restrict service to any Device, without notice to the Customer, if Customer is using the device in a fraudulent or unlawful manner.
It is the Customers responsibility to maintain current and accurate account information on the YFLab system and to exercise diligence in protecting Customer’s logon and passwords.
YFLab may amend the terms of this Agreement upon written notice to the Customer. If the Customer does not agree to the amendment, the Customer may terminate this Agreement by providing written notice to YFLab within fifteen (15) days of the date the notice was mailed by YFLab via certified e-mail address.
If the Customer does not agree with the amendment but wants to continue with the Services, YFLab will stop providing Services within fifteen (15) days of the date the amendment was mailed by YFLab
If the Customer continues to use the Services more than fifteen (15) days after YFLab notifies Customer of an amendment, the Customer will be deemed to have agreed to that amendment.
Limitation of Liability
YFLab is not responsible for acts or omissions of any other service provider, for information provided through the equipment, for equipment failure or modification, for system failure or modification or for causes beyond the control of YFLab. YFLabis not liable for (i) service outages; (ii) incidental or consequential damages such as lost profits; (iii) economic loss or injuries to persons or property arising from the Customer’s use of the Services, the Devices or any other equipment used in connection with the Devices unless caused by the sole and/or gross negligence of YFLab; (iv) the installation or repair of the Devices; or (v) for any act associated with the proper exercise by YFLab d.o.o .of rights under the privacy and/or unauthorized usage provisions of this Agreement.
To the extent allowed by law, YFLab liability for damages for any claims you may have against us is limited to no more than the proportionate amount of the service charges attributable to the affected period. Under no circumstances are we liable for any incidental, consequential, punitive or special damages of any nature whatsoever arising out of or related to providing or failing to provide services in connection with a device, including, but not limited to, lost profits, loss of business, bodily harm, death, emotional distress, or cost of replacement products and services.
The Customer agrees to defend, indemnify, and hold YFLab and its affiliates harmless from claims or damages relating to (i) Customers breach of this Agreement or the Customers statements made in this Agreement and (ii) the use of the Devices or Services unless due to sole and/or gross negligence by YFLab or its affiliates. Customer agrees to pay reasonable attorney’s fees and all applicable costs incurred by YFLab in enforcing this Agreement. This paragraph shall survive the termination of this Agreement.
YFLab may assign all or part of the rights or duties of YFLab under this Agreement without such assignment being considered a change to the Agreement and may provide notice to the Customer. As a result of any such assignment, YFLab shall be released from all liability with respect to such rights or duties, or portions thereof. Customer may not assign this Agreement without prior written consent of YFLab, which shall not be reasonably withheld.
This Agreement is subject to applicable laws of the Republic of Slovenia.
This Agreement may only be amended as described herein.
If the terms of this Agreement conflict with or are inconsistent with the terms of any purchase order or document provided by the Customer, the terms of this Agreement shall prevail.
If any part of this Agreement is found unenforceable or invalid, the rest of this Agreement shall remain intact.