User Licence agreement for using the application called “Octo DriverMate In” owned by Octo Telematics S.P.A.  

PLEASE READ CAREFULLY BEFORE DOWNLOADING THE OCTO DriverMate In APPLICATION.

This Agreement is a legal Agreement between you, or Licensee, and Octo Telematics (together the “Parties“, each a “Party“). The subject‑matter of this Agreement is a licence from Octo Telematics to you, to use the Application, subject to the terms and conditions of this Agreement.

IMPORTANT NOTICE:

• BY DOWNLOADING THE APPLICATION AND CLICKING ON THE “ACCEPT” BUTTON AS PART OF THE REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

• BY DOWNLOADING THE APPLICATION AND CLICKING THE CONSENT BOXES AS PART OF THE REGISTRATION PROCESS, YOU ARE AGREEING TO PROVIDE YOUR PERSONAL DATA TO OCTO TELEMATICS FOR COLLECTION AND PROCESSING IN ACCORDANCE WITH OUR PRIVACY POLICY, AVAILABLE ON OUR WEBSITE AT www.octotelematics.com.

• IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, WE WILL NOT BE ABLE TO ENTER INTO THE AGREEMENT WITH YOU AND THE APPLICATION MAY NOT BE LICENSED TO YOU.

• THE APPLICATION REQUIRES INTERNET ACCESS AND LOCATION SERVICES TO BE ENABLED AND YOUR DEVICE TO BE RUNNING EITHER iOS 7.0 (OR ABOVE) OR ANDROID 4.1 (OR ABOVE). YOU ARE RESPONSIBLE FOR ANY ADJUSTMENTS REQUIRED IN ORDER FOR YOUR DEVICE TO CONNECT TO THE INTERNET AND FOR ANY INTERNET ACCESS CHARGES OR MOBILE DATA FEES AND OTHER THIRD PARTY CHARGES YOU MAY INCUR, ASSOCIATED WITH YOUR USE OF THE APPLICATION, YOUR ACCESS TO DATA AND/OR TRANSFER OF DATA FROM THE APPLICATION.

1. DEFINITIONS

1.1 “Acceptable Use Restrictions” means those restrictions on your use of the Application outlined in section 4;

1.2 “Agreement” means this licence agreement and any other document incorporated by reference to it (including, without limitation, the Privacy Policy);

1.3 “Application” means the application called “OCTO DriverMate In App”, which, by collecting and cross‑checking specific sets of data, is able to analyse the Licensee’s driving behaviour, as well as any other useful information.  In particular, the Application can automatically record the trip’s commencement and termination, picking out the GPS by the second in order to record driving statistics (kms/miles driven, types of road, etc.), events which are the result of the Licensee’s driving behaviour (sharp braking, sudden accelerations, cornering, vehicle speed) and which are supplemented by contextual data (traffic, weather, time of day). Based on its findings, the Application calculates a score for each trip, which then helps to calculate the Licensee’s overall score (the score has two subcategories: Usage scores – contextual data and statistics; and Driving behaviour scoring – events which are determined by driving). The Licensee’s score allows the latter to obtain different badges upon achieving predetermined objectives. More specific information and details about the Application’s features are provided within the Application;

1.4 “Application Services” means any services accessible through the Application from time to time including the generation of data sets for transfer to our insurance or other partners in order that they may generate personalised marketing initiatives and other direct marketing offers which will be messaged to you via email from digitaldriver@octotelematics.com;

1.5 “Appstore” means any Appstore provider or operator (e.g. Google Play or the iTunes AppStore) from whose site you download the Application;

1.6 “Appstore Rules” means any rule or policies applied by any Appstore;

1.7 “Devices” means any compatible mobile telephone, tablet or wearable or handheld device onto which the Application can be downloaded;

1.8 “Google Play” means the applications and digital content distribution platform developed and run by Google Inc. under its sole responsibility;

1.9 “iTunes AppStore” means the applications and digital content distribution platform developed and run by Apple Inc. under its sole responsibility;

1.10 “Licence” means the Licence to use the Application in section 2.1.;

1.11 “Licence Period” means the term specified in section 2.2;

1.12 “Licence Restrictions” means those restrictions on the scope of the Licence granted to you, as outlined in section 3;

1.13 “Licensee” or “you” means the person who accepts this Agreement and uses the Application;

1.14 “Octo Telematics”, “we“, “our” or “us” means Octo Telematics S.p.A. a Italian company, VAT number 15434231005 with registered office in Via Vincenzo Lamaro, 51 00173 Rome – Italy.

1.15 “Privacy Policy” means the policy committed to protecting and respecting the privacy of users of the Application and Application Services, available on our website at www.octotelematics.com

1.16 “Territory” means the territory in which the Licence shall be valid as specified in section 2.3; and

1.17 “Updates” means any update, upgrade, supplement to the Application that may be provided by Octo Telematics from time to time.

2. LICENCE

2.1 Octo Telematics grants the Licensee a non-transferable, non-exclusive licence to use the Application on the Devices for the Licence Period within the Territory (the “Licence“), subject to the Licence Restrictions and the Acceptable Use Restrictions, the Privacy Policy and any applicable Appstore Rules. It is expressly understood that Octo Telematics reserves all rights not specifically licenced pursuant to this Agreement.

2.2 Without prejudice to Section 10 below, the Licence is granted for duration of the use of the Application starting from the first activation of the Application. Such activation takes place when the Application is downloaded for the first time by you onto one of your Devices.

3 The Licence shall be valid worldwide.

3. LICENCE RESTRICTIONS

3.1 The Licensee must observe any technical restrictions set out in the Application, without altering in any way whatsoever such Application. More specifically, the Licensee shall, without limitation, refrain from carrying out the following activities:

3.1.1 circumventing any technical limitations in the Application;

3.1.2 reverse engineering, decompiling, disassembling, or creating derivative works of the Application

3.1.3 making more copies of the Application than is necessary for backup purposes; or

3.1.4 renting, leasing, sub-licensing, loaning, translating, merging, adapting, varying or modifying the Application

3.2 In order to download and use the Application, Licensee must register according to the procedures drawn up by Octo Telematics, including the option to register by logging in to one of the main social networks (e.g. Facebook and Twitter). The Application cannot be used when such registration process has not taken place. As far as Octo Telematics is concerned, all personal data collected from you in connection with your use of the Application and the Application Services shall be processed, collected, stored and shared in accordance with our Privacy Policy, which is available on our website at www.octotelematics.com.

3.3 The Licensee undertakes not to provide false personal information and not to create accounts on behalf of third parties. You may not create more than one account on the Application. This section will survive and remain in full force after the termination of this Agreement.

3.4 You may install and use the Application on any Device throughout the Licence Period, uninstall the Application on a Device on which it had previously been installed and install it on another Device. This provision is without prejudice to any technical restrictions that may be contained in any applicable Appstore Rules.

3.5 The Application’s components are licenced as a single product. The Licensee may not separate the Application’s components and install them separately on different Devices.

3.6 Except as otherwise expressly permitted under this Agreement, the Licensee may not: (i) use the Application in order to provide or carry out marketing, training and outsourcing or consulting services, or any other commercial service; (ii) use the Application to develop a product that competes with the Application; (iii) allow third parties access to, or use of, the Application, except as may be provided under this Agreement; (iv) distribute or publish the Application’s access codes; or (v) use unauthorised access codes.

3.7 The Licensee may make a reasonable number of copies of the Application solely for backup purposes. Any and every copyright, trademark, patent and related proprietary information notice embedded in or stamped on the Application shall be duplicated by the Licensee on any and every copy or abstract thereof (including partial copies). Such notices shall not be modified, removed or deleted.

4. ACCEPTABLE USE RESTRICTIONS

You must not:

4.1 use the Application or any Application Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Application, any Application Service or any operating system;

4.2 infringe our intellectual property rights or those of any third party in relation to your use of the Application or any Application Service;

4.3 use the Application or any Application Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

4.4 collect or harvest any information or data from any Application Service or our systems or attempt to decipher any transmissions to or from the servers running any Application Service. 

5. INTELLECTUAL PROPERTY RIGHTS

5.1 You acknowledge that all intellectual property rights in the Application anywhere in the world belong to us or our licensors, that rights in the Application are licenced (not sold) to you, and that you have no rights in, or to, the Application other than the right to use it in accordance with the terms of this Agreement.

5.2 You acknowledge that you have no right to have access to the Application in source-code form.

6. UPDATES

From time to time, in order to improve the Application, Updates may be issued through the Appstore. Depending on the Update, you may not be able to use the Application until you have downloaded the latest Update.

7. CHANGES TO TERMS

We reserve the right to change this Agreement from time to time. Any changes we may make to this Agreement in the future will be posted on www.octotelematics.com, and notified to you by e-mail and when you next start the Application, with an advance notice of 30 days. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Application and the Application Services. If you do not wish to accept the modified terms of this Agreement or one or more of the services of the Application, you may withdraw from the Agreement according to section 10.

8. SUPPORT AND ADDITIONAL SERVICES

Octo Telematics shall not provide any technical support services under this Agreement.

9. LIMITATION OF LIABILITY

9.1 You acknowledge that the Application has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Application and Application Services meet your requirements.

9.2 We only supply the Application for domestic and private use. You agree not to use the Application or any Application Service for any commercial, business or resale purposes.

9.3 Nothing in this Agreement shall limit or exclude our liability for:

9.3.1wilful misconduct; or

9.3.2 death or personal injury resulting from our negligence; or

9.3.3 fraud or fraudulent misrepresentation; or

9.3.4 any other liability that cannot be excluded or limited by Italian law.

10. TERMINATION AND WITHDRAWAL

10.1 We may terminate this Agreement immediately by written notice to you:

10.1.1 if you commit a material breach of this Agreement which you fail to remedy (if remediable) within 15 days after the service of written notice requiring you to do so; or

10.1.2 if you breach any of the Licence Restrictions or the Acceptable Use Restrictions

10.1.3 On termination for any reason referred to in Section 10.1 above:

10.1.4 all rights granted to you under this Agreement shall cease;

10.1.5 you must immediately cease all activities authorised by this Agreement, including your use of any Application; and

10.1.6 you must immediately delete or remove the Application from all Devices on which you have installed it, and immediately destroy all back-up copies of the Application you have made and inform us that you have done so.

10.2 If you do not agree to our changes to the terms pursuant to section 7 above, you may withdraw from the Agreement until said changes become effective. You may exercise this withdrawal right by sending a communication to us at digitaldriver@octotelematics.com.

10.3 Pursuant to Section 52 of Legislative Decree No. 206/2005 (Italian Consumers Code), you may withdraw from this Agreement within 14 calendar days from your acceptance of this Agreement by sending a communication to us at digitaldriver@octotelematics.com. In order to withdraw from this Agreement you may use the model withdrawal form attached to this Agreement, but you are not obliged to do so.

11. MISCELLANEOUS

11.1 Governing Law and Jurisdiction. This Agreement is governed by Italian law and the competent courts are the courts of your place of residence or domicile.
Also, for the purpose of settling consumer disputes out of court, the European Commission has established a platform for online dispute resolution (ODR). The ODR platform can be accessed at http://ec.europa.eu/consumers/odr/.

11.2 Assignment. This Agreement and any rights and obligations arising herefrom, may not be assigned by the Licensee without the prior written consent of Octo Telematics. Licensee agrees that Octo Telematics may freely assign this Agreement without the written consent of the Licensee but this will not result in a reduction of your rights under the Agreement.

11.3 No waiver.  If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

11.4 Severability. If any provision of this Agreement is declared unlawful, void, or unenforceable, such provision shall be amended to make it effective or otherwise eliminated, and shall not affect the validity and enforceability of any remaining provisions.

11.5 Force Majeure. Neither party shall be deemed in breach of this Agreement, as a result of any delay or failure to perform its obligations caused by any event beyond its reasonable control (“Force Majeure“), provided that it gives notice in a reasonably timely manner of the existence of any Force Majeure event and makes reasonable efforts to reduce the delay or failure to perform.

11.6 Communication between us. If you wish to contact us in writing, or if any condition in this Agreement requires you to give us notice in writing, you can send this to us by e-mail to digitaldriver@octotelematics.com. We will confirm receipt of this by contacting you in writing, normally by e-mail. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to when you registered to use the Application.