General Terms of Use

Last Update: June 11, 2018

Please read these general terms of use ("Terms") carefully before using the mobile application and its related Internet of Things platform and related services (collectively, the "App") operated by Positec Italia s.r.l. in its capacity of controller ("Positec").

Your access to and use of the App is conditioned on your acceptance of and compliance with these Terms, as well as with the applicable national and/or international laws. By clicking “Accept” you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the App.

1. Changes to the App

We are committed to ensuring that the App is as useful and efficient as possible. For that reason, from time to time we may update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.

If you choose not to install such updates or if you do not agree to receive automatic updates, you may not be able to continue using the App.

2. Changes to the Terms

We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce.

We will give you at least 30 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App.

If you do not accept the notified changes you will not be permitted to continue to use the App.

3. License

Subject to these Terms, Positec grants you a revocable, nonexclusive, non-transferable, limited world-wide license to download, install and use the App solely for your personal, non commercial purposes strictly in accordance with the Terms.

The App contains proprietary information and material that is owned by Positec and is protected by applicable intellectual property and other laws, including but not limited to copyright and trademarks. All such rights are reserved.

You agree that you will:

not license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the App or make the App available to any third party;
not modify, decompile, reverse engineer, disassemble, attempt to derive the source code of, or create derivative works of the App, any updates, or any part thereof;
not copy the App (or any associated documentation) except as part of normal use of the App or where it is necessary for the purpose of back-up or operational security;
not translate, merge, adapt, vary, alter or modify, the whole or any part of the App nor permit the App (or any part of it) to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these Terms; and
comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.

4. Acceptable Use Restrictions

For the avoidance of doubt, the authorised use of this App is limited to Mission remote setting, viewing weather conditions and forecasts, calculating lawn size, and non-continuously tracking your GPS coordinate to activate the Mission anti-theft system (provided that the user discloses this information and approves its use, for the said anti-theft purpose). Use outside the authorised activity is not allowed.

You must:

not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use is not licensed by these Terms);
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App; and
not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.

5. Privacy

We take your privacy very seriously. Please see the Privacy Notice (which sets out details about how personal data is collected and used within the context of the App) and our general Privacy Policy (which sets out in general how we use people’s personal data).

If you have any questions, please do not hesitate to get in touch on the contact details listed below.

6. Disclaimer of warranties, limitation of liability

The information contained on the App is for general information purposes only. The App is made available to you on an “as is” and “as available” basis. To the extent permitted by applicable law, no warranties, promises or representations of any kind are given as to the accuracy, suitability, merchantability, legality, completeness, non-infringement, reliability, or fitness for any given purpose of the App or any information provided by the app.

By accepting these Terms, you agree that Positec, its directors, officers, employees and affiliates are not liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, or tort, arising out of or in connection with the use of the App, except as provided by applicable law.

We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

We will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

The App is provided for general information purposes only. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App.

Check that the App is suitable for you. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the appstore site and in the documentation) meet your requirements.

We are not responsible for events outside our control. If our provision of support for the App is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us.

7. Indemnity

You will indemnify us, our affiliates, group companies, officers, agents, employees, partners, and licensors/licensees from any claim, demand, loss, or damages, including attorneys' fees, arising out of or related to your violation of the Terms.

8. Termination and Suspension of Services

We may end your rights to use the App at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App:

You must stop all activities authorised by these terms, including your use of the App and any Services.
You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.

9. General

These Terms shall be governed by and construed in accordance with Italian law, without application of conflict of laws rules, and you agree to submit to the exclusive and final jurisdiction of the relevant tribunal competent by subject and territory.

If any provision(s) of these Terms is held to be invalid or unenforceable, as a result of the application of Italian, other national, or EU, or other international laws, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

This agreement does not give rise to any rights to any third parties to enforce any term of this agreement.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

10. Contact

You can contact us at Positec Italia s.r.l., Contra Riale, 8, 36100, Vicenza, Italy, telephone: +39 0444 230 556, email address: [email protected].