General Conditions of the Geolocation Service by Stetel Things s.r.l.
This document is valid from the day 07/06/2019.
1.1. "Stetel Things": Stetel Things S.r.l. (Tax ID and VAT number 0188342049) with registered office in Via di Franco 9, Livorno (LI) 57123, Italy, registered in the Livorno Register of Companies under REA LI-205220, share capital of 100,000.00 Euros, number of phone +39 0586 275275, email address .
1.3. "User": The natural adult person, who has purchased the Urban Tracker and uses the Geolocation Service provided by Stetel Things for non-commercial, personal and recreational use.
1.4. "Device": The Smartphone owned and / or in use by the User who owns the Product and that is compliant with the following minimum technical requirements: (i) for iPhone, iOS 10 or later; (ii) Android operating system starting from 4.4., on which Google services are installed.
1.5. "UrbanTracker App" or "App": the application that allows the User to send Geolocation Requests to the UrbanTracker via its own Device.
1.6. "Pairing": the electronic process that allows a unique association between a specific UrbanTracker and a Device, on which the App has been preventively downloaded and installed.
1.7. "Geolocation" or "Geolocations": An event / series of events identifying, in space and time, the position of the Urban Tracker and the object in which / on which the Product is located, with the simultaneous representation of the geographical position on the UrbanTracker App installed on a Device associated via Pairing function.
1.8. "Geolocation Request" or "Geolocations Requests": the command / commands that the User issues to the App installed on a Device, associated via Pairing function, for the representation of the geographical position of the Urban Tracker and, consequently, of the object in which / on which the Product has been attached.
1.9. "Geolocation Service": the service offered by Stetel Things that allows to locate in real time the position of the UrbanTracker and of an object in which / on which the Product has been attached, in order to send the detected position to the App installed on a Device associated via Pairing function.
1.10. "Starter Pack": a specific type of subscription that is pre-installed in the Product and that is automatically activated when the UrbanTracker is turned on. The Starter Pack is non-renewable and includes an allowance of 200 single Geolocation Requests.
1.11. "Standard Subscription": subscription that includes a certain number of additional Geolocations, which can be purchased through the in-app-billing function of the UrbanTracker App.
1.12. "Flight Mode": The Flight Mode is a specific operational status of the Urban Tracker that allows recognizing when the Product and the object in which / on which it is attached are inside an airplane in taxing or airborne condition.
1.13. "Preliminary conditions for the use of the Service" or "Preliminary Conditions": the preliminary conditions whose existence the User must verify, at his own care and under his own responsibility, to be able to use the Service, as identified in the art. 2.5 below.
2. OBJECT, PRELIMINARY CONDITIONS AND DURATION
2.1. Object of the present T&Cs of the Service, stipulated between Stetel Things and the User, is the provision of the Geolocation Service by Stetel Things, according to the conditions described in the following articles and with the technical-operative procedures described in the User Manual and in the general conditions of use of the App ("GCU of the App").
2.2. Failure to accept the T&Cs of the Service and / or the GTU of the App inhibits any use of the geolocation Service by the User.
2.3. The offer and sale of the UrbanTracker with the integrated Starter Pack constitutes a sales contract negotiated in commercial premises governed by Chapter I, Title III (articles 45 et seq.) of Legislative Decree of 6 September 2005, n. 206 ("Codice del Consumo"), part of the Italian legislation.
2.4. The offer and sale of the Standard Subscription by in-app purchase constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) of the Consumer Code and by Legislative Decree 9 April 2003, n. 70, part of the Italian legislation, defining the regulation of electronic commerce.
2.5. The Geolocation Service assumes that the User, on his own care and under his own responsibility, before requesting the Service, has ascertained the existence of the following Preliminary Conditions.
i. the User must be in possession of an active Urban Tracker;
ii. the User must possess a Device for which there is an active mobile telephony contract for the mobile data connection (internet access);
iii. the User must have downloaded and installed the UrbanTracker App on the device;
iv. the User must carefully read and accept the GTU of the App;
v. the User must perform the Pairing between the UrbanTracker and the App installed on his/her Device;
vi. the User must have activated a subscription with at least one available Geolocation Request (Starter Pack or Standard Subscription).
2.6. This contract is effective from the date of first activation of the Product and has duration of 24 months, without prejudice to the provisions of articles 5.1 - 5.7 below.
3. URBANTRACKER AND THE GEOLOCATION SERVICE
3.1. Stetel Things offers a Geolocation Service, in space and time, of the goods owned by the User (e.g. bicycles, suitcases, scooters, etc.) via the Urban Tracker. In particular, executing Geolocation Requests on the UrbanTracker App installed on the Device - which has previously been paired with the Product - the User can verify the position of a chosen good.
3.2. The technology used by UrbanTracker is based on information collected directly from the Product and related to the presence, in the surrounding environment, of radio stations transmitting with specific technologies and radio frequencies. Through an algorithm for processing information collected by the UrbanTracker, the Geolocation Service is able to calculate and send to the User the precise position of the object in which / on which the Product is placed. The UrbanTracker needs a GSM 2G (GPRS) connectivity service in order to transmit to the Stetel Things application servers, the information needed to calculate the Geolocation. To implement this connectivity, Stetel Things operates on the basis of a service contract stipulated with a mobile data connectivity provider that uses GSM technology. The possibility of effectively using the UrbanTracker Geolocation Service depends on several factors including the transmission technology, the effective radio coverage and the quality of the GSM service present in the area where the Product is located. UrbanTracker does not use GPS technology to determine the geographical position.
3.3. In order to transmit the Geolocation data collected by the UrbanTracker to the App, the Device must be in an area covered by GSM service or, alternatively, connected to a WiFi network with Internet access. The described connectivity ensures that the Geolocation data are made available to the User, and therefore the User can correctly use the Geolocation Service. The GSM service utilized by the User for his/her own Device is not part of the Geolocation Service. The User accesses the Geolocation Service via an Internet connection which must be acquired through a separate agreement with a mobile data connectivity provider (e.g. telecommunications operator). Stetel Things is not responsible for the quality of these services or the costs incurred by the User for data traffic generated by his Device while accessing the service. The User, therefore, assumes all responsibility for any non-correspondence of the GSM data connectivity to the technical characteristics of the Device and / or for any malfunctions and / or for failure to use the Geolocation Service deriving from it.
3.5. The Geolocation service only works when a subscription (Starter Pack or Standard Subscription), with at least one Geolocation Request available, is active.
3.6. Geolocation Service has four working modes:
i. "Ready": when configured in this mode, the UrbanTracker sends its position to the Device when it receives a Geolocation Request from the User via the App;
ii. "Motion alarm": when configured in this mode, UrbanTracker activates an internal sensor that is able to detect when it is shacked or moved from its original position. When a movement is detected, the Product sends an alarm message and its Geolocation to the User Device;
iii. "Tracking": when configured in this mode, UrbanTracker sends to the User Device a sequence of Geolocations detected at regular time intervals (timing is configurable by the User); the UrbanTracker App is therefore able to draw a map and a track indicating the movement of the Product.
iv. "Flight Mode": when configured in this mode, UrbanTracker turns off all radio transmission circuits and enters a Stand-by state. At regular intervals, UrbanTracker awakens to check, via its sensors, whether it is in flight or not. When UrbanTracker verifies that it is no longer in flight conditions, it reactivates the radio transmission circuits and sends the Geolocation of the UrbanTracker to the user.
v. "Off": enabling this mode, the User is able to remotely turn off the Product. Once switched off, it is no longer possible to use UrbanTracker via the App and it is necessary to physically switch on the Product before it can be used again. This situation is also described in the UrbanTracker user manual.
4. FLIGHT OPERATION MODE (Flight Mode)
4.1. UrbanTracker has been designed and tested in compliance with safety regulations and official recommendations for the in-flight use of portable electronic equipment (PED) when the same are positioned in the passenger compartment or in the baggage (cargo area) of aircraft operating on normal commercial flights, as it is recommended by the competent European and American flight safety organizations at the date of entry into force of the T&C of the Service (as indicated at the beginning of this document).
4.2. Compliance with safety regulations on the in-flight use of PED is achieved only and exclusively when UrbanTracker is configured in Flight Mode.
4.3. The UrbanTracker configuration in Flight Mode must be set up before the Product is loaded onto an aircraft.
4.4. The correct and effective setting of the Flight Mode is an exclusive responsibility of the User who must activate this feature using the Product and the specific App installed on the Device.
4.5. As the final decision on in-flight acceptance of electronic devices is normally the responsibility of the airlines, the User acknowledges and accepts that, for reasons beyond the constructive and functional characteristics of the UrbanTracker, an airline may decide not to admit the Product on board of its aircraft even when the User has set the Flight Mode. Stetel Things declines any responsibility regarding the eventual decision of the airlines to admit or not UrbanTracker it does not assume any liability for any damage suffered by the User in case of impossibility of use of the Product.
5. SUBSCRIPTIONS AND PRODUCT LIFE CYCLE
5.2. There are two types of subscriptions: the Starter Pack and the Standard Subscription.
5.2.1. Starter Pack
i. the Starter Pack is activated automatically when the Product is first turned on and includes 200 individual Geolocation Requests.
ii. whenever the User makes a Geolocation Request via the App, that request is deducted from the total available.
iii. the Starter Pack has a predetermined duration of 12 months starting from the date of first activation of the Product.
iv. At the end of the 12-month Starter Pack validity period or if the User has consumed all 200 Geolocation Requests included in the Starter Pack before the end of the 12-month expiration period, the User must purchase a new Standard Subscription for the UrbanTracker to continue functioning.
5.2.2. The Standard Subscription
i. The activation of a Standard Subscription is managed through the App using the in-app-billing functionalities (ie the purchase functionality within an application) offered by the different application distribution platforms ("App Store" ). The User can subscribe to a Standard Subscription through the in-app-billing features on the UrbanTracker App.
ii. There are several types of Standard Subscriptions that differ by the maximum number of Geolocation Requests that can be made within the subscription life time of 12 months.
- Small Pack - 100 Geolocation Requests;
- Medium Pack - 400 Geolocation Requests;
- Large Pack - 700 Geolocation Requests;
- XLarge Pack - 1300 Geolocation Requests;
iii. the Standard Subscription of the Geolocation Service has a predetermined duration of 12 months starting from the date of activation.
iv. In the event that a User wishes to activate a new Standard Subscription before the expiration of the active Subscription, the new Standard Subscription replaces the previous Subscription in terms of duration and adds new Geolocation Requests to those left unused in the previous Subscription. The number of the new added Geolocation Requests depends by the type of the purchased subscription.
5.3. When a subscription (Starter Pack or Standard Subscription) expires as the result of reaching the 12-month time duration limit from the activation date, any Geolocation Requests that have not yet been used are automatically canceled and can no longer be used.
5.4. The Urban Tracker has a total life cycle of 24 months, starting from the last activation of a subscription (Starter Pack or Standard Subscription), re-calculated at every subscription activation, ("Life Cycle"). The UrbanTracker utilizes a sophisticated mobile communication system to implement the connectivity between the Product and Stetel Things application servers. Stetel Things guarantees to the User to keep-alive the Urban Tracker when not in use, for a maximum period of 12 months, starting from the expiration of the last active subscription. During the period of 12 months of inactivity, Stetel Things bears the costs of maintaining the UrbanTracker alive.
5.5. The Life Cycle is calculated as follows:
i. from the activation of the Starter Pack, the User has 12 months to use the 200 Geolocation Requests included in the Starter Pack. At the end of this period, the User must purchase a Standard Subscription within the following 12 months, otherwise the Product it is definitively deactivated;
ii. from the purchase of a Standard Subscription, the User has 12 months to use the Geolocation Requests included in the purchased Standard Subscription. At the end of this period, the User must purchase a further Standard Subscription within the following 12 months, otherwise the Product will be permanently deactivated;
iii. each time the User purchases a new Standard Subscription, the end of the Product's Life Cycle is extended for further 24 months, always broken down into: a) the first 12 months of validity of the purchased subscription and b) the following 12 months within which the User must proceed with the purchase of a further Standard Subscription. In case no new Standard Subscription is purchased during the second period of 12 months, the Product will be permanently deactivated.
5.6. At the end of the 24 months (starting as indicated in the previous article 5.5) without the User having purchased any new Standard Subscriptions, the Urban Tracker stops working, without any possibility of reactivation.
5.7. When the User purchases a new subscription during the period of inactivity, the Product returns active and the Life Cycle is extended by a further 24 months, based on what is described in article 5.5.
6. PURCHASES AND PAYMENTS
6.1. Stetel Things does not use direct sales channels for the sale of the Urban Tracker and of the subscriptions necessary for its operation. The User has the possibility to purchase UrbanTracker through indirect sales channels such as Shops, Stores or eCommerce sites.
6.2. Subscriptions to the service can only be purchased through the UrbanTracker App using the payment services offered by the App Stores. For this reason, the terms and conditions for the purchase and payments that govern the sale of the UrbanTracker and the subscriptions associated with it, are defined by the specific national laws, by the General Conditions for the Use of the App, including the App license terms (so-called EULA), and the contracts in place with the different App Store service providers.
7. NON-REFUNDABILITY, NON-TRANSFERABILITY OF SUBSCRIPTIONS
7.1. Subscriptions (Starter Pack and Standard Subscription) are non-refundable.
7.2. Subscriptions activated on an UrbanTracker are not transferable to another User or to another Product.
8. BLOCKING OF THE GEOLOCATION SERVICE BY THE USER
8.2. Deactivation of the service implicates the simultaneous cancellation of the UrbanTracker data communication service which can no longer be reactivated.
9.1. The present regulation is without prejudice to the rights enjoyed by those who have the status of consumers pursuant to art. 3, I paragraph, lett. a) of the Consumer Code, of the Italian Legislation, and, in particular, the rights regarding the legal guarantee of conformity, as governed by articles 128-135 of the Consumer Code.
10. RESPONSIBILITIES OF THE USER
10.1. It is the responsibility of the User to become familiar with the Urban Tracker and the Geolocation Service, including the complete and careful reading of the User Manual. It is the responsibility of the User to use the Product in accordance with what is stated in these T&C of the Service and in the User Manual.
10.2. The User must use the Service in a strictly personal manner, under his own direct and exclusive responsibility. The User is responsible for the correct use and care of the UrbanTracker. UrbanTracker is delivered ready for use and does not require any internal intervention for its operation. Any attempt to open the Product by the User and / or third parties not authorized by Stetel Things, is considered as Product tampering within the proposes of Stetel Thing’s responsibility for the provision of the Geolocation Service.
10.3. The User is prohibited from earning an economic profit, through the sale, rental or distribution of products, services or information, deriving from the use of the Product and / or Stetel Things Geolocation Service. The User is solely responsible and assumes all responsibility for each person authorized by the User, for the use of his UrbanTracker and the Geolocation Service.
10.4. The User undertakes not to use UrbanTracker and / or the Geolocation Service in such a way as to cause damage or disruption to Stetel Things or to third parties and not to violate laws or regulations. In this regard, it is specified that the Service Owner is required to take all the organizational and technical measures necessary to avoid damage to third parties.
10.5. The Geolocation Service cannot be used for commercial purposes and / or methods of use concerning the Geolocation of objects and persons, owned and used, in commercial companies. The User cannot, under his sole responsibility, use UrbanTracker and / or the Geolocation Service for:
i. commercial uses of the Geolocation Service on things, people and animals;
ii. use of the Geolocation Service on people;
iii. use of the Geolocation Service within a distance of 20 centimeters from the person;
iv. uses of the Geolocation Service not permitted by law;
v. transmit computer viruses or carry out other computer operations that damage third-party equipment;
vi. as a tool of harassment, defamation and offense;
vii. knowingly and otherwise violating intellectual property rights, trade secrets and / or third party rights;
11. LIABILITY OF STETEL THINGS
11.1. Stetel Things is responsible to the User for the fulfillment of all the obligations indicated, and undertakes to provide the Geolocation Service in compliance with the provisions of these T&Cs of the Service and the GCUs of the App.
11.2. The User acknowledges and agrees that Stetel Things will not be burdened by charges or liabilities for direct or indirect damages of any nature and extent for the possible non-correspondence of the connection quality and / or for any malfunctions and / or for the failure to use the Geolocation Service as a result of and / or resulting from the lack of availability of the mobile services network (GSM 2G).
11.3. Stetel Things, except in the case of willful misconduct or gross negligence, will not be burdened by charges or liabilities for direct or indirect damages of any nature and extent that may occur to the User due to tampering or alteration of the Geolocation Service or of the UrbanTracker made by the User and / or third parties not authorized by Stetel Things.
11.4. Stetel Things cannot be held responsible for the non-fulfillment of any of its obligations to the terms of provision of any service if such failure is caused or derives from an event of force majeure, without any limitation, including by way of example, the following examples: fire , flood, strike, cable or fiber lightning strikes, strikes, civil unrest, governmental or military authority acts, changes in legal provisions, terrorism, force majeure, and prolonged periods of general power outages.
11.5. Stetel Things is not responsible for the quality of these services or the costs incurred by the User for data traffic generated in the use of the Geolocation Service.
12.1 The intellectual property rights, trademarks and technological solutions relating to the Geolocation Service are and remain the property of Stetel Things, if ownership by third parties is not expressly indicated. The intellectual property rights, trademarks and distinctive signs of Stetel Things cannot be altered, modified, removed or canceled in any way
12.2. The User acknowledges and confirms that the services, products, graphics, text and software used for the implementation of the UrbanTracker Service contain information that is an intellectual property of Stetel Things or its licensors, and which are therefore protected by the law on intellectual property rights and by the laws in force in the country where the product and service are purchased.
12.3. The User assumes the responsibility of not attempting to copy, decompile, disassemble, modify, lease, lease and / or loan, distribute or transmit the material and / or software components of UrbanTracker and / or of the Geolocation Service offered by Stetel Things.
12.4 The User also undertakes not to violate copyright, trademarks, patents or other rights deriving from the law or from custom. In the event of violation of one of these provisions, Stetel Things may terminate this contract without prior notice and without this being bound to any compensation and without prejudice to any other recourse against the User or the subject responsible for the violations.
13. CUSTOMER SERVICE AND CLAIMS
13.1. For any assistance or complaints in relation to the Product and / or the Geolocation Service it is possible to request information, send communications, request assistance, post sales assistance or submit complaints, by contacting the Customer Service of Stetel Things by e-mail at: ;
13.2. Stetel Things will respond to requests and complaints submitted within 5 working days of receiving them.
14.1. The exercise of the right to withdraw from the standard subscription acquired through an in-app purchase in the UrbanTracker iOS application must be carried out exclusively through the Apple iTunes App Store based on the rules and terms established in the terms and conditions of Apple's multimedia services.
14.2. The exercise of the right of withdrawal from the standard subscription acquired through an in-app purchase in the Android application of UrbanTracker, must be carried out exclusively through the Google Play Store, based on the rules and terms established by the Google Play service conditions.
15. AUTOMATIC RESOLUTION BY STETEL THINGS
15.1. Stetel Things reserves the right to suspend the provision of the Geolocation Service or to irreversibly deactivate the Urban Tracker device if:
i. be made aware or become aware of the violation of one or more prohibitions indicated in art. 10.5;
ii. identifies suspicious, illegal, fraudulent uses of its services and products;
iii. a request is expressly made in this sense by a competent judicial or administrative body on the basis of the current regulations.
15.2. In the hypotheses listed by article 15.1, Stetel Things will communicate the reasons to the User by push notification within the App and will have the right to terminate this contract without any notice and without this being bound to any compensation and without prejudice to any other recourse against the User or the subject responsible for the violations.
16. JURISDICTION AND APPLICABLE LAW
16.1. These T&Cs of the Service and any dispute or claim arising from, or connected with, said T&C of the Service or their object or their interpretation (including any disputes or non-contractual claims) are governed by Italian law.
16.2. The application to the User who does not have his habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence is preserved, in particular in relation to the term for the right of withdrawal, to the terms for the return of the Products, and in case of exercise of one of these right, to the modalities and formalities of communication, and to the legal guarantee of conformity.
16.3. For any dispute relating to the interpretation, application or execution of these T&Cs of the Service, the competent court is the court of the place where the User resides or has elected domicile.
16.5. In any case, the User has the right to refer to the competent ordinary judge the dispute deriving from these conditions, whatever the outcome of the procedure for the out-of-court settlement of disputes relating to consumer relations, through the use of procedures referred in the Part V, Title II-bis Consumer Code of the Italian Legislation.