Terms and Conditions

 

Terms of Use (Web Application)

NASTRACK

Please read these terms and conditions of use ("Terms of Use") carefully before you launch the NASTRACK application on your wireless device. Your use of the NASTRACK service indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not launch or otherwise use the NASTRACK application and its service.

INTRODUCTION

These Terms of Use represent the agreement ("Agreement") between you and NASTRACK Service. All references herein to "you" and "your" means you, your employees, agents, and contractors, and any other entity on whose behalf you accept these terms and conditions, all of whom shall also be bound by this Agreement. Prior to using NASTRACK Service, you shall notify such personnel in writing that NASTRACK Service requires to access their GPS hardware and otherwise obtain location and route information, and to record, compile and display such information internally, which information shall be used by you for your own purposes and which use is outside the control of NASTRACK. You shall also advise such personnel that all such information and data within the control of NASTRACK shall remain subject to its privacy policy located at http://nastrack.com/about/privacy-policies

NASTRACK may revise these terms and conditions at any time, with or without notice to you. You should visit http://nastrack.com/about/terms-and-conditions from time to time to review the current terms and conditions of use for the NASTRACK Service.

NASTRACK SERVICE

NASTRACK Service combines GPS, wireless and web technologies to enable fleet dispatching, workforce management and activity reporting. To provide these services, NASTRACK has to periodically receive GPS location of your wireless devices.

The “wireless device” or “GPS hardware” means any device able to provide positioning information where NASTRACK Software is installed (typically smart phone, mobile phone / cell phone, tablet, PND, PDA, or InDash navigation.

In using the NASTRACK Service, you allow your and / or your employees GPS hardware to be located; and these locations to be recorded, compiled, stored and displayed. You may also transmit data to and from your fleet and dispatch locations. The usage of NASTRACK is free of charge under defined conditions. When exceeding defined limits, or requiring higher level of services, additional paid service is required. Use of NASTRACK Service includes download of the Software to your wireless device (if applicable) and any upgrades, modifications, or additions thereto (collectively, "NASTRACK Software"), but does not include any hardware device neither hardware that may be required for certain wireless devices (such as a standalone GPS receiver). A complete description of the service is available on NASTRACK website, located at http://www.nastrack.com.

NASTRACK Service is for your internal business and personal use and is not for resale or other transfer or disposition to any other person or entity.

The NASTRACK Service utilizes map and other data licensed to Slash Idea by third parties for the benefit of you and other end users. This Agreement includes links to end-user terms required by these companies (set forth at the end of this Agreement), and thus your use of the service is limited by and subject to such terms.

The server part of NASTRACK solution runs on public cloud. These Terms of use have been written in regards to actual agreement with the Cloud provider and his Terms of Use (link set forth at the end of this Agreement). You have been informed and you do agree that the Cloud provider can change its Terms of Use any time even without written prior notice to you. This cannot be influenced by NASTRACK and thus should be considered and threaded as Vis Major. NASTRACK will exercise reasonable efforts to prevent such occurrences, but in no event will NASTRACK be liable for any financial or other damages due to such change. The Cloud Provider can apply its own rules for data handling, securing and providing, based on its company’s headquarter, branch, or datacenter location; or the legal system the Cloud provider falls within.

YOUR LOCATION AND ROUTE INFORMATION

For NASTRACK to provide the service, Slash Idea must record your route information, including your point of origin, the address of your destination, the starting and ending time of your trip, and the route you are instructed to follow, and must periodically receive your GPS location from the GPS hardware associated with your wireless device, as well as continuously record and compile data regarding the location of your GPS and wireless devices.

In using the NASTRACK Service, you allow Slash Idea to access your GPS hardware and otherwise obtain this location and route information, and to record, compile and display such information internally. Such information is subject to Slash Idea's Privacy Policy located at http://nastrack.com/about/privacy-policies. Your use of the NASTRACK Service indicates that you accept the terms of NASTRACK privacy policy.

SAFE AND LAWFUL USE OF THE NASTRACK SERVICE

You are responsible for ensuring that your drivers drive safely, observe all traffic rules and use their own personal judgment while driving. You agree to comply with the following when using the NASTRACK Service:

  • Observe all traffic laws and otherwise drive safely.
  • Use your own personal judgment while driving. If you feel that a route suggested by the NASTRACK Service instructs you to perform an unsafe or illegal maneuver, places you in an unsafe situation, or directs you into an area that you consider to be unsafe, do not follow such instructions.
  • Do not input destinations, or otherwise interact with the NASTRACK Service, unless your vehicle is stationary and parked in a safe place. Safe place means there is no possibility to be endangered by other vehicles on highways, roads or in lanes.
  • Do not use the NASTRACK Service for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement.
  • Arrange all GPS and wireless devices and cables necessary for use of the NASTRACK Service in a secure manner in your vehicle so that they will not interfere with your driving and will not prevent the operation of any safety device (such as an airbag).

PAYMENT

Before your NASTRACK paid service will be activated, you must:

(i) provide with your payment Gateway account details (such as PayPal) or a valid major credit card (American Express, VISA, Visa Electron, MasterCard, Maestro, or Direct Debit); (ii) enter into a direct billing or prepaid agreement

(iii) subscribe to the NASTRACK Service through your wireless telephone carrier and agree to pay the relevant charges to such carrier.

You agree to pay all fees charged to your account for the NASTRACK Service (including applicable state and local taxes), in accordance with NASTRACK billing terms in effect at the time the charge becomes payable. If you choose time unlimited subscription, you will be charged such fees each month, even if you do not use the NASTRACK Service. This subscription can be any time cancelled from your side. NASTRACK reserves the right to change the fees for the services at any time, upon prior notice to you.

If payment cannot be charged to your credit card or your credit card charge is returned to NASTRACK for any reason, or you otherwise fail to pay the charges for the NASTRACK Service when due, we reserves the right to pursue any and all legal remedies to collect the amounts owed by you, and to suspend or terminate your access to the NASTRACK Service.

You agree that NASTRACK will invoice for its services in electronic form, sending an electronic document to your email address (specified in billing details you have provided) and publishing and making it accessible from your web account. The electronic document will be created in widely accepted format (such as .pdf or.doc) and can be created without proven electronic signature.

TELEPHONE CHARGES

You are responsible for any fees assessed by your wireless telephone carrier to access the NASTRACK Service, including any data plan charges, toll, out-of-area, roaming, or other telephone connection charges. Standard messaging rates and other charges may apply when using certain features in the NASTRACK Service.

CHANGING ASSIGNED VEHICLES

When you replace registered vehicle covered by prepaid service by a new one, you may change vehicles assigned to your pricing plan. However certain administration fee will apply for the request processing. For details please check actual pricelist at http://www.nastrack/content/pricing.

TERMINATION

NASTRACK reserves the right to terminate your access at any time for any or no reason and without notice to you.

You may terminate the NASTRACK Service at any time by notifying via: (i) an email addressed to support@nastrack.com ; (ii) a letter addressed to NASTRACK (iii) termination performed while logged to your account on web site: www.nastrack.com . Any such cancellation by you shall become effective upon NASTRACK receipt of your notice.

NASTRACK integrates software and services from various third party vendors in its solution. You agree to accept all Terms of Use defined by those third parties and related to End Users listed at the end of the document.

You are also informed and agree that if a third party will stop, temporary not provide or otherwise limit its services, NASTRACK can stop or limit its services accordingly. NASTRACK will provide maximum effort to remove the obstacle in soonest possible term or to replace missing third party service by relevant service from same or other third party vendor.

Upon any termination of your service, NASTRACK shall have no liability to you or any further obligations under this Agreement, other than to provide you with a refund in accordance with NASTRACK then current refund policy, unless such termination is for cause. For a copy of NASTRACK refund policy, visit https://www.nastrack.com.

ACCOUNT INFORMATION

You agree: (a) when signing up for the NASTRACK Service, to provide with true, accurate, current, and complete information about yourself, and (b) to inform us promptly of any changes to such information to keep it true, accurate, current and complete.

If you provide with any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect so, NASTRACK has the right to suspend or terminate your access to the service.

All of your account information, as well as other payment and personal information provided by you to NASTRACK, are subject to our Privacy Policy located at https://nastrack.com/about/privacy-policies. Your use of the NASTRACK Service indicates that you accept the terms of our privacy policy.

SOFTWARE LICENSE

Subject to your compliance with the terms of this Agreement, NASTRACK hereby grants to you a personal, non-exclusive, non-transferable license to: (i) download or otherwise copy the NASTRACK Software onto your wireless device; (ii) use the NASTRACK Software (in object code form only) on such wireless device in order to access and use the NASTRACK Service; and/or (iii) access and use the NASTRACK Service.

This license shall terminate upon any termination of this Agreement, or upon any suspension, termination or cancellation of your access to the NASTRACK Service.

Except for the limited license expressly granted herein, we shall own all right, title and interest in and to the NASTRACK Software, including without limitation all intellectual property rights therein.

You agree not to do any of the following:

  • Reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the NASTRACK Software, or any part thereof.
  • Attempt to derive the source code, audio library or structure of the NASTRACK Software without the prior express written consent.
  • Remove from the NASTRACK Software, or alter, any of its suppliers' trademarks, trade names, logos, patent or copyright notices, or other notices or markings.
  • Distribute, sublicense or otherwise transfer the NASTRACK Software to others, unless you have valid distribution contract signed between you and NASTRACK.

DISCLAIMERS

To the fullest extent permissible pursuant to applicable law, in no event will NASTRACK, its licensors and suppliers, or agents or employees of any of the foregoing, be liable for any decision made or action taken by you or anyone else in reliance on the information provided by the NASTRACK Service or the NASTRACK Software. You are responsible for the entire risk arising out of your use of the NASTRACK Service and the NASTRACK Software.

The NASTRACK Service and the NASTRACK Software are provided "as is" and without warranties of any kind either express or implied. NASTRACK disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Applicable law may not allow certain warranty exclusions, so one or more of the above disclaimers may not apply to you.

OTHER QUALIFICATIONS

You understand and agree that the NASTRACK Software is downloaded to your wireless device at your own discretion and risk and that you will be solely responsible for any damages to your wireless device, or loss of data, that results from the download of such software.

NASTRACK does not warrant that the service or the software will not infringe on third party intellectual property rights.

NASTRACK also does not warrant that your use of the service will be uninterrupted or error-free. Rather, temporary interruptions of the service may occur from time to time (such as when you drive into an area that has no cell phone coverage or when the service, used cloud environment or your carrier's network is undergoing maintenance). we will exercise reasonable efforts to attempt to limit or prevent such occurrences, but in no event will NASTRACK be liable for any financial or other damages due to such interruptions.

NASTRACK also does not warrant the accuracy of the map or other data used for the NASTRACK Service. Such data may not always reflect reality due to, among other things, road closures, construction, weather, new roads and other changing conditions.

NASTRACK has technological and operational security policies and procedures to protect your information from loss, misuse, alteration, or unintentional destruction, but we  make no representations or warranties regarding the security of the service or the transmission of data or information to and from NASTRACK and your wireless device. we will not be liable to you or anyone else in the event of any unauthorized infiltration of any of its systems.

LIMITATION OF LIABILITY

To the extent permitted under applicable law, under no circumstances shall NASTRACK, its suppliers, or its licensors (or their licensors and suppliers) be liable to you or anyone else for any loss, injury, or damages (including but not limited to any compensatory, punitive, special, incidental, indirect, exemplary or consequential damages) arising out of or in connection with the use by you or anyone else of the service or the Software, any defects in the service or the software, or any breach of this Agreement, even if NASTRACK, its suppliers, or its licensors have been advised of the possibility of such damages.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.

INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend and hold NASTRACK, its suppliers, and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with your use of the NASTRACK Service or the NASTRACK Software.

ARBITRATION AND GOVERNING LAW

You agree that any dispute, claim or controversy arising out of or relating to this Agreement, the NASTRACK Service, or the NASTRACK Software, shall be settled by independent arbitration involving a neutral arbitrator and administered by the Vienna International Arbitral Centre (VIAC). The arbitrator shall apply the Commercial Arbitration Rules of the Austrian Arbitration Association - ArbAut, and the judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. The arbitration proceedings shall be conducted in English. Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be binding upon both parties.

This Agreement and performance hereunder will be governed by and construed in accordance with the laws of The United Kingdom of Great Britain and Northern Ireland, without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts of the County of England, UK, Europe.

VIS MAJOR

NASTRACK is not liable for failure to perform the NASTRACK Service if such failure is as a result of:

(i) Natural disasters, such as earthquakes, storms, hurricanes, floods, tornados and fires

(ii) Human events, such as wars, civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, labor dispute, strike, riots invasion, act of foreign enemies, hostilities (regardless of whether war is declared), or other major upheavals

(iii) Performance failures outside the control of the NASTRACK, such as lockout or interruption or failure of electricity, disruptions in telephone service attributable to the telephone company, unavailability or failure of cloud environment, supplier problems (product unavailable) or any other missing or failed infrastructure crutial for NASTRACK Service running,

(iv) Restrictions related to the regions where NASTRACK HQ or local office is located, such as government restrictions (denial or cancellation of a necessary license), or government sanction, blockage, or embargo,

NASTRACK will exercise reasonable efforts to prevent such occurrences and minimize delay or damages caused to the solution environment, but in no event will be liable for any financial or other damages due to such change.

If the cause for VIS MAJOR status cannot be removed in long time bases and despite undertook efforts, Slash Idea can permanently terminate the service.

MISCELLANEOUS

This Agreement constitutes the entire agreement between NASTRACK and you with respect to the subject matter hereof.

NASTRACK or your failure to require performance of any provision shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

If any provision herein is held unenforceable, then such provision will be modified to reflect the intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.

You may not resell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to NASTRACK. Notwithstanding the foregoing, we may assign this Agreement to any affiliate at any time without notice.

You agree that in the event NASTRACK is required or requested by you and/or any legal authority to participate in any legal proceeding involving your use of the NASTRACK Service or Software (but NASTRACK itself is not a party to the proceeding), you shall be responsible for all legal fees and costs incurred by NASTRACK as a result of such required or requested participation.

By using the NASTRACK Service, you consent to receive from us all communications, including notices, agreements, legally required disclosures or other information in connection with the NASTRACK Service (collectively, "Notices") electronically. we may provide such Notices by posting them on NASTRACK website or by downloading such Notices to your wireless device. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the NASTRACK Service.

If you have any questions regarding the terms of this Agreement, please contact us by sending an email to support@nastrack.com

NOTE: Additional terms and conditions applicable to you are as follows:

End-User Terms required by Payment Gateways

Legal Agreements for PayPalTM Services

https://cms.paypal.com/us/cgi-bin/marketingweb?cmd=_render-content&content_ID=ua/Legal_Hub_full&locale.x=en_US

Cloud provider Terms of Service

http://www.rackspace.com/cloud/legal/

Google APIs Terms of Service

https://developers.google.com/terms/

Bootstrap – GitHub Inc. Terms of Service

https://help.github.com/articles/github-terms-of-service

Open Layers

Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at:
http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.

See the License for the specific language governing permissions and limitations under the License.
https://github.com/openlayers/openlayers/blob/master/licenses/APACHE-2.0.txt
https://github.com/openlayers/openlayers/blob/master/licenses/BSD-LICENSE.txt
https://github.com/openlayers/openlayers/blob/master/licenses/MIT-LICENSE.txt
https://raw.github.com/openlayers/openlayers/master/license.txt

OpenStreetMap Foundation Terms of Use

http://wiki.openstreetmap.org/wiki/Terms_of_Use_-_Discussion_Draft
http://www.openstreetmap.org/copyright

MapQuest, Inc.Terms of Use

http://info.mapquest.com/terms-of-use/

All other marks mentioned may be trademarks or registered trademarks of their respective owners.

Terms of Use (Mobile Application)

NASTRACK

Please read these terms and conditions of use ("Terms of Use") carefully before you launch the NASTRACK application on your wireless device. Your use of the NASTRACK service indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not launch or otherwise use the NASTRACK application and its service.

INTRODUCTION

These Terms of Use represent the agreement ("Agreement") between you and NASTRACK Service. All references herein to "you" and "your" means you, your employees, agents, and contractors, and any other entity on whose behalf you accept these terms and conditions, all of whom shall also be bound by this Agreement. Prior to using NASTRACK Service, you shall notify such personnel in writing that NASTRACK Service requires to access their GPS hardware and otherwise obtain location and route information, and to record, compile and display such information internally, which information shall be used by you for your own purposes and which use is outside the control of NASTRACK. You shall also advise such personnel that all such information and data within the control of NASTRACK shall remain subject to its privacy policy located at https://nastrack.com/about/privacy-policies

NASTRACK may revise these terms and conditions at any time, with or without notice to you. You should visit http://www.nastrack.com/about/terms-and-conditions from time to time to review the current terms and conditions of use for the NASTRACK Service.

NASTRACK SERVICE

NASTRACK Service combines GPS, wireless and web technologies to enable fleet dispatching, workforce management and activity reporting. To provide these services, NASTRACK has to periodically receive GPS location of your wireless devices.

The “wireless device” or “GPS hardware” means any device able to provide positioning information where NASTRACK Software is installed (typically smart phone, mobile phone / cell phone, tablet, PND, PDA, or InDash navigation.

In using the NASTRACK Service, you allow your and / or your employees GPS hardware to be located; and these locations to be recorded, compiled, stored and displayed. You may also transmit data to and from your fleet and dispatch locations. The usage of NASTRACK is free of charge under defined conditions. When exceeding defined limits, or requiring higher level of services, additional paid service is required. Use of NASTRACK Service includes download of the Software to your wireless device (if applicable) and any upgrades, modifications, or additions thereto (collectively, "NASTRACK Software"), but does not include any hardware device neither hardware that may be required for certain wireless devices (such as a standalone GPS receiver). A complete description of the service is available on NASTRACK website, located at http://www.nastrack.com.

NASTRACK Service is for your internal business and personal use and is not for resale or other transfer or disposition to any other person or entity.

The NASTRACK Service utilizes map and other data licensed to Slash Idea by third parties for the benefit of you and other end users. This Agreement includes links to end-user terms required by these companies (set forth at the end of this Agreement), and thus your use of the service is limited by and subject to such terms.

The server part of NASTRACK solution runs on public cloud. These Terms of use have been written in regards to actual agreement with the Cloud provider and his Terms of Use (link set forth at the end of this Agreement). You have been informed and you do agree that the Cloud provider can change its Terms of Use any time even without written prior notice to you. This cannot be influenced by NASTRACK and thus should be considered and threaded as Vis Major. NASTRACK will exercise reasonable efforts to prevent such occurrences, but in no event will NASTRACK be liable for any financial or other damages due to such change. The Cloud Provider can apply its own rules for data handling, securing and providing, based on its company’s headquarter, branch, or datacenter location; or the legal system the Cloud provider falls within.

YOUR LOCATION AND ROUTE INFORMATION

For NASTRACK to provide the service, Slash Idea must record your route information, including your point of origin, the address of your destination, the starting and ending time of your trip, and the route you are instructed to follow, and must periodically receive your GPS location from the GPS hardware associated with your wireless device, as well as continuously record and compile data regarding the location of your GPS and wireless devices.

In using the NASTRACK Service, you allow Slash Idea to access your GPS hardware and otherwise obtain this location and route information, and to record, compile and display such information internally. Such information is subject to Slash Idea's Privacy Policy located at http://nastrack.com/about/privacy-policies. Your use of the NASTRACK Service indicates that you accept the terms of NASTRACK privacy policy.

SAFE AND LAWFUL USE OF THE NASTRACK SERVICE

You are responsible for ensuring that your drivers drive safely, observe all traffic rules and use their own personal judgment while driving. You agree to comply with the following when using the NASTRACK Service:

  • Observe all traffic laws and otherwise drive safely.
  • Use your own personal judgment while driving. If you feel that a route suggested by the NASTRACK Service instructs you to perform an unsafe or illegal maneuver, places you in an unsafe situation, or directs you into an area that you consider to be unsafe, do not follow such instructions.
  • Do not input destinations, or otherwise interact with the NASTRACK Service, unless your vehicle is stationary and parked in a safe place. Safe place means there is no possibility to be endangered by other vehicles on highways, roads or in lanes.
  • Do not use the NASTRACK Service for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement.
  • Arrange all GPS and wireless devices and cables necessary for use of the NASTRACK Service in a secure manner in your vehicle so that they will not interfere with your driving and will not prevent the operation of any safety device (such as an airbag).

PAYMENT

Before your NASTRACK paid service will be activated, you must:

(i) provide with your payment Gateway account details (such as PayPal) or a valid major credit card (American Express, VISA, Visa Electron, MasterCard, Maestro, or Direct Debit); (ii) enter into a direct billing or prepaid agreement

(iii) subscribe to the NASTRACK Service through your wireless telephone carrier and agree to pay the relevant charges to such carrier.

You agree to pay all fees charged to your account for the NASTRACK Service (including applicable state and local taxes), in accordance with NASTRACK billing terms in effect at the time the charge becomes payable. If you choose time unlimited subscription, you will be charged such fees each month, even if you do not use the NASTRACK Service. This subscription can be any time cancelled from your side. NASTRACK reserves the right to change the fees for the services at any time, upon prior notice to you.

If payment cannot be charged to your credit card or your credit card charge is returned to NASTRACK for any reason, or you otherwise fail to pay the charges for the NASTRACK Service when due, we reserves the right to pursue any and all legal remedies to collect the amounts owed by you, and to suspend or terminate your access to the NASTRACK Service.

You agree that NASTRACK will invoice for its services in electronic form, sending an electronic document to your email address (specified in billing details you have provided) and publishing and making it accessible from your web account. The electronic document will be created in widely accepted format (such as .pdf or.doc) and can be created without proven electronic signature.

TELEPHONE CHARGES

You are responsible for any fees assessed by your wireless telephone carrier to access the NASTRACK Service, including any data plan charges, toll, out-of-area, roaming, or other telephone connection charges. Standard messaging rates and other charges may apply when using certain features in the NASTRACK Service.

CHANGING ASSIGNED VEHICLES

When you replace registered vehicle covered by prepaid service by a new one, you may change vehicles assigned to your pricing plan. However certain administration fee will apply for the request processing. For details please check actual pricelist at https://www.nastrack/content/pricing.

TERMINATION

NASTRACK reserves the right to terminate your access at any time for any or no reason and without notice to you.

You may terminate the NASTRACK Service at any time by notifying via: (i) an email addressed to support@nastrack.com ; (ii) a letter addressed to NASTRACK (iii) termination performed while logged to your account on web site: www.nastrack.com . Any such cancellation by you shall become effective upon NASTRACK receipt of your notice.

NASTRACK integrates software and services from various third party vendors in its solution. You agree to accept all Terms of Use defined by those third parties and related to End Users listed at the end of the document.

You are also informed and agree that if a third party will stop, temporary not provide or otherwise limit its services, NASTRACK can stop or limit its services accordingly. NASTRACK will provide maximum effort to remove the obstacle in soonest possible term or to replace missing third party service by relevant service from same or other third party vendor.

Upon any termination of your service, NASTRACK shall have no liability to you or any further obligations under this Agreement, other than to provide you with a refund in accordance with NASTRACK then current refund policy, unless such termination is for cause. For a copy of NASTRACK refund policy, visit https://www.nastrack.com.

ACCOUNT INFORMATION

You agree: (a) when signing up for the NASTRACK Service, to provide with true, accurate, current, and complete information about yourself, and (b) to inform us promptly of any changes to such information to keep it true, accurate, current and complete.

If you provide with any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect so, NASTRACK has the right to suspend or terminate your access to the service.

All of your account information, as well as other payment and personal information provided by you to NASTRACK, are subject to our Privacy Policy located at http://nastrack.com/about/privacy-policies. Your use of the NASTRACK Service indicates that you accept the terms of our privacy policy.

SOFTWARE LICENSE

Subject to your compliance with the terms of this Agreement, NASTRACK hereby grants to you a personal, non-exclusive, non-transferable license to: (i) download or otherwise copy the NASTRACK Software onto your wireless device; (ii) use the NASTRACK Software (in object code form only) on such wireless device in order to access and use the NASTRACK Service; and/or (iii) access and use the NASTRACK Service.

This license shall terminate upon any termination of this Agreement, or upon any suspension, termination or cancellation of your access to the NASTRACK Service.

Except for the limited license expressly granted herein, we shall own all right, title and interest in and to the NASTRACK Software, including without limitation all intellectual property rights therein.

You agree not to do any of the following:

  • Reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the NASTRACK Software, or any part thereof.
  • Attempt to derive the source code, audio library or structure of the NASTRACK Software without the prior express written consent.
  • Remove from the NASTRACK Software, or alter, any of its suppliers' trademarks, trade names, logos, patent or copyright notices, or other notices or markings.
  • Distribute, sublicense or otherwise transfer the NASTRACK Software to others, unless you have valid distribution contract signed between you and NASTRACK.

DISCLAIMERS

To the fullest extent permissible pursuant to applicable law, in no event will NASTRACK, its licensors and suppliers, or agents or employees of any of the foregoing, be liable for any decision made or action taken by you or anyone else in reliance on the information provided by the NASTRACK Service or the NASTRACK Software. You are responsible for the entire risk arising out of your use of the NASTRACK Service and the NASTRACK Software.

The NASTRACK Service and the NASTRACK Software are provided "as is" and without warranties of any kind either express or implied. NASTRACK disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Applicable law may not allow certain warranty exclusions, so one or more of the above disclaimers may not apply to you.

OTHER QUALIFICATIONS

You understand and agree that the NASTRACK Software is downloaded to your wireless device at your own discretion and risk and that you will be solely responsible for any damages to your wireless device, or loss of data, that results from the download of such software.

NASTRACK does not warrant that the service or the software will not infringe on third party intellectual property rights.

NASTRACK also does not warrant that your use of the service will be uninterrupted or error-free. Rather, temporary interruptions of the service may occur from time to time (such as when you drive into an area that has no cell phone coverage or when the service, used cloud environment or your carrier's network is undergoing maintenance). we will exercise reasonable efforts to attempt to limit or prevent such occurrences, but in no event will NASTRACK be liable for any financial or other damages due to such interruptions.

NASTRACK also does not warrant the accuracy of the map or other data used for the NASTRACK Service. Such data may not always reflect reality due to, among other things, road closures, construction, weather, new roads and other changing conditions.

NASTRACK has technological and operational security policies and procedures to protect your information from loss, misuse, alteration, or unintentional destruction, but we  make no representations or warranties regarding the security of the service or the transmission of data or information to and from NASTRACK and your wireless device. we will not be liable to you or anyone else in the event of any unauthorized infiltration of any of its systems.

LIMITATION OF LIABILITY

To the extent permitted under applicable law, under no circumstances shall NASTRACK, its suppliers, or its licensors (or their licensors and suppliers) be liable to you or anyone else for any loss, injury, or damages (including but not limited to any compensatory, punitive, special, incidental, indirect, exemplary or consequential damages) arising out of or in connection with the use by you or anyone else of the service or the Software, any defects in the service or the software, or any breach of this Agreement, even if NASTRACK, its suppliers, or its licensors have been advised of the possibility of such damages.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.

INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend and hold NASTRACK, its suppliers, and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with your use of the NASTRACK Service or the NASTRACK Software.

ARBITRATION AND GOVERNING LAW

You agree that any dispute, claim or controversy arising out of or relating to this Agreement, the NASTRACK Service, or the NASTRACK Software, shall be settled by independent arbitration involving a neutral arbitrator and administered by the Vienna International Arbitral Centre (VIAC). The arbitrator shall apply the Commercial Arbitration Rules of the Austrian Arbitration Association - ArbAut, and the judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. The arbitration proceedings shall be conducted in English. Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be binding upon both parties.

This Agreement and performance hereunder will be governed by and construed in accordance with the laws of The United Kingdom of Great Britain and Northern Ireland, without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts of the County of England, UK, Europe.

VIS MAJOR

NASTRACK is not liable for failure to perform the NASTRACK Service if such failure is as a result of:

(i) Natural disasters, such as earthquakes, storms, hurricanes, floods, tornados and fires

(ii) Human events, such as wars, civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, labor dispute, strike, riots invasion, act of foreign enemies, hostilities (regardless of whether war is declared), or other major upheavals

(iii) Performance failures outside the control of the NASTRACK, such as lockout or interruption or failure of electricity, disruptions in telephone service attributable to the telephone company, unavailability or failure of cloud environment, supplier problems (product unavailable) or any other missing or failed infrastructure crutial for NASTRACK Service running,

(iv) Restrictions related to the regions where NASTRACK HQ or local office is located, such as government restrictions (denial or cancellation of a necessary license), or government sanction, blockage, or embargo,

NASTRACK will exercise reasonable efforts to prevent such occurrences and minimize delay or damages caused to the solution environment, but in no event will be liable for any financial or other damages due to such change.

If the cause for VIS MAJOR status cannot be removed in long time bases and despite undertook efforts, Slash Idea can permanently terminate the service.

MISCELLANEOUS

This Agreement constitutes the entire agreement between NASTRACK and you with respect to the subject matter hereof.

NASTRACK or your failure to require performance of any provision shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

If any provision herein is held unenforceable, then such provision will be modified to reflect the intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.

You may not resell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to NASTRACK. Notwithstanding the foregoing, we may assign this Agreement to any affiliate at any time without notice.

You agree that in the event NASTRACK is required or requested by you and/or any legal authority to participate in any legal proceeding involving your use of the NASTRACK Service or Software (but NASTRACK itself is not a party to the proceeding), you shall be responsible for all legal fees and costs incurred by NASTRACK as a result of such required or requested participation.

By using the NASTRACK Service, you consent to receive from us all communications, including notices, agreements, legally required disclosures or other information in connection with the NASTRACK Service (collectively, "Notices") electronically. we may provide such Notices by posting them on NASTRACK website or by downloading such Notices to your wireless device. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the NASTRACK Service.

If you have any questions regarding the terms of this Agreement, please contact us by sending an email to support@nastrack.com