Legal Notice and General Conditions
A. Software licence agreement Atlantis CAR
Please read this software licence agreement (“licence”) carefully before using this app or downloading the software update that accompanies this licence. using it or downloading a software update, shall be construed as your acceptance of the terms of this licence. if you do not accept them, you cannot use this APP or download its updates.
(a) Atlantis IT, S.L.U. is the owner of the mobile application called Atlantis CAR (hereinafter, “the application”), with Fiscal Identification Number. B66212630. Atlantis IT, S.L.U. grants (not sells) you a licence to use this software (the application) which may be updated or replaced with improved functions.
(b) Atlantis IT may, at its sole discretion, develop future updates to this App. If there are any, they may not necessarily include all existing features, nor may they be identical for all types of smartphone or tablet devices.
The conditions that regulate the use of the application are stipulated in the following sections:
2.1 Downloading and installing the application
Downloading and installation of the mobile application requires a compatible smartphone and internet access (subject to charges for each of the telephone and communications providers). To fully enjoy the functions of the App, once installed on the mobile device, it must be synchronized with the physical Atlantis CAR device, which is installed on the user’s vehicle. It is not necessary to register in the application to be able to install it.
2.2 Registration in the application
You can register with an alias and a password that does not necessarily have to reveal your real physical identity.
2.3 Use of the application: permissions and restrictions
(a) In accordance with the terms of this Licence, you are granted a limited, non-exclusive user’s licence. This Licence does not grant you any rights to the use of interfaces owned by Atlantis IT, nor any intellectual property rights with respect to the design, development, manufacture, licensing, or distribution of devices.
(b) The user’s licence grants you the possibility to download any updates and restore this application developed by Atlantis IT. When downloading an update, you could lose the history of messages/notifications/alerts, with your GPS locator device resetting to factory default settings.
(c) It is not permitted to decompile, disassemble, or attempt to obtain the source code, decipher, modify, or create derivative works of this App or any service provided by it or any part thereof. (d) You need a unique username and password combination, known as an Atlantis IT ID, in order to use this App. The Atlantis IT ID is also required to access updates and certain features.
e) Many features and services in this App transmit and receive data and may incur charges for your data plan, in which case you will be responsible for them. The app allows you to manage which apps are allowed to use mobile data and see an estimate of the amount of data they consume in the “Mobile Data” section of Settings. For more information, please refer to the User Manual of your smartphone/tablet device.
(f) If you select the option to allow automatic updating of applications, your Smartphone/tablet device will periodically check for updates to this App and, if there are any, will download and install them automatically, or prompt you to authorize it, this will depend on the configuration of your smartphone/tablet device
2.4 Prices and Rates
Atlantis IT reserves the right to charge for certain features of the application. The planned payment system is through the purchase of credits. The actions or functions that are charged will result in the discount of the number of credits that have been used.
2.5 Suspension of terms
Improper, inappropriate, or incorrect use of the application will result in the user being suspended. Falsification of the data could lead to the temporary or definitive blocking of the use of the application temporarily or permanently. The theft of the terminal or device will not prevent the application’s functions from being used on another device.
The application identifies the location of your mobile phone and offers the option to pair the mobile application with the Atlantis CAR device installed on your vehicle. This function will allow you to locate your vehicle at all times by entering the IMEI number of the Atlantis CAR product in the “Register device” section, which must be validated.
Atlantis IT reserves the right to review and modify these terms at any time. The user of the products and services offered by Atlantis IT is subject to the policies and conditions in force at the time the service is used, unless otherwise decided by a competent body.
You are not authorized to rent, lease, lend, sell, redistribute, or sublicense this App. However, you may transfer your rights under this Licence permanently and on one occasion provided that: (a) you transfer your Smartphone/tablet device and all Software and (b) the receiving party reads and agrees to the terms of this Licence.
4. Use of non-personal user information
(a) Diagnostic and usage data. If you choose to allow the collection of diagnostic and usage data, you agree that Atlantis IT and its affiliates and representatives may collect, maintain, process and use diagnostic, technical, usage and other related information (“Diagnostic Data and Usage”), including (but not limited to) unique system or hardware identifiers and information about your smartphone/tablet device, computer, system, applications and peripherals, which is collected periodically to provide and improve the products and services of Atlantis IT, to facilitate software updates, product support and other services we may provide to you (if any) in connection with this App, and to verify compliance with the terms of this Licence. Atlantis IT may use this information, provided it is collected anonymously and in a way that does not personally identify you, for the purposes described above. If you agree to this, and you have the Location setting turned on, your device location may also be sent to help Atlantis IT analyse wireless or mobile network performance issues (for example, the strength or weakness of the mobile phone signal in a certain place). In order to enable Atlantis IT partners, third party developers and content providers to improve their software, hardware, courses, materials and services designed for use with Atlantis IT products, Atlantis IT may also provide these parties with a subset of diagnostic and usage data relevant to such parties’ software, hardware, courses, materials, or services, provided that the diagnostic and usage data does not personally identify you.
(b) Advertising based on geolocation data. Atlantis IT and its third-party partners, licensees and developers may provide certain services based on geographic location information through your Smartphone/Tablet device. In order to offer and improve such services, Atlantis IT and its partners, licensors and third-party developers may need to transmit, collect, maintain, process, and use your location data, including the real-time geographic location of your device. Smartphone/tablet, road speed information, location search queries, and where you buy and use apps from. Data collection and location queries by Atlantis IT are done in such a way that users are not personally identified; such data may be used by Atlantis IT and its third-party partners, licensors, and developers to provide and improve location-based products and services.
You can withdraw your consent at any time from the Location setting of the Smartphone/tablet Device, either by deactivating the general Location option or by deactivating the location settings corresponding to each of the elements of your Smartphone/tablet device based on location services.
(c) Personalised advertising for the user. Atlantis IT may provide you with mobile advertising based on your interests. Interest-based advertising is advertising that is targeted to you based on your use of the Application. Our advertising practices also include the creation and use of audience segment targeting. Within the app you have the option to limit the use of information for interest-based advertising and opt out at any time. If you do not wish to receive advertising related to your interests on your smartphone/tablet device, you can opt out from the “Limit ad tracking” setting on your smartphone/tablet device. If you do, you will still receive the same amount of mobile advertising, but since it is not based on your personal interests, you may not find it as relevant. However, you may still see advertising related to the content of a web page, an application or other non-personal information.
5. Third-Party Services and Materials
The Software provides access to Maps, as well as other services and websites of Atlantis IT and other companies (collectively and individually, the “Services”). Such Services may not be available in all languages or in all countries. Use of these Services requires Internet access and may require an Atlantis IT ID and your agreement to additional terms and may be subject to other charges. Your use of this software in conjunction with an Atlantis IT ID or other Atlantis IT Service shall be construed as unequivocal acceptance of the terms applicable to said Service.
6. Licence Expiration
This Licence will remain in effect until revoked or terminated. The rights conferred by this Licence will automatically expire or lose validity without prior notice from Atlantis IT if you breach any of the terms of this Licence. When it ceases to be in force, you must stop using the Smartphone/tablet Software. Sections 5, 6, 8, 9, 10, 11 and 12 of this Licence will survive the expiration of the Licence.
7. Disclaimer of warranties
7.1. If you are an individual consumer (a person who uses this App outside of their trade, business, or profession), you may have legal regulations in your country of residence that may prevent the following limitations from applying to you, in which case they will not apply to you. For more information about your rights, please do not hesitate to contact the consumer service agency in your area.
7.2. You expressly acknowledge and agree that, to the extent permitted by applicable law, the use of this App and the services provided by it is at your own risk, and that the entire risk related to satisfactory quality, performance, accuracy, and effort is with you.
7.3. To the extent permitted by applicable law, this App and the Services are provided on an “as is” and “as available” basis, with all possible defects and without guarantees of any kind, and Atlantis IT and Atlantis’ licensors IT (collectively referred to as “Atlantis IT”) disclaims all warranties and conditions relating to this App and the Services, whether express, implied or statutory, including without limitation warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, enjoyment, or non-infringement of third-party rights.
7.4. Atlantis IT does not guarantee, notwithstanding your use and enjoyment of this App and the Services, that the functions contained therein will meet your needs, or that they will function uninterruptedly or without errors, or that all the services will continue to be available, or that the defects shall be corrected, nor that it is compatible or will work with any third-party software, applications or services. Installation of this App may affect the availability and functioning of third-party software, applications, or services, as well as Atlantis IT products and services.
7.5. Furthermore, you acknowledge that this App and services are not intended or suitable for use in situations or environments where failures, delays, errors, or inaccuracies in the content, data, or information provided could lead to death, personal injury, serious physical damage, or significant damage to the environment, including, but not limited to, activities of nuclear plants, air navigation, communication systems, air traffic control machines, hospital facilities or weapon equipment.
7.6. No written or verbal information or advice given by Atlantis IT or by an authorized representative of Atlantis IT shall constitute any warranty. In the event that the App or the Services prove to be defective, you will bear the full cost of all necessary servicing, repairs, and corrections. Because applicable law in some countries does not allow the exclusion of an implied warranty or limitations on legally provided consumer rights, the above exclusion and limitations may not apply to you.
8. Limit of Liability
Atlantis IT, its affiliates, agents or directors will not be responsible in any case, within the applicable legal limits, for personal injury or loss of profits or consequential damages, nor for special, direct or indirect damages, including but not limited to, damages for loss of profits, for damage or loss of data, for the inability to transmit or receive data (including, but not limited to, materials, tasks and course instructions), or for the interruption of any other business activity causing loss or damage resulting from or related to the use or misuse of this App and the Services. Nor will Atlantis IT, its affiliates, agents, or directors be responsible for damages caused by any third-party software or applications used in conjunction with this App or the services, however caused and regardless of the theory of civil liability (contractual or non-contractual liability, or others) and even if Atlantis IT has been informed of the possibility of such damages. Some countries do not allow the exclusion or limitation of liability for personal injury, loss of profits or consequential, direct, or indirect damages, so this limitation may not apply to you. Atlantis IT’s total liability for damages (other than those required by applicable law in cases where personal injury is related) shall not, in any event, exceed the amount of two hundred and fifty United States dollars (250 USD). The foregoing limitations shall apply even if said remedy fails of its essential purpose.
9. Jurisdiction, applicable law, and severability of clauses
This Licence will be governed and interpreted according to Spanish law, with the exclusion of its conflict of laws rules, and any possible litigation will be heard by the Courts and Tribunals of Barcelona. If, for any reason, a court of competent jurisdiction declares any clause of this Licence or any part thereof unenforceable or ineffective, the remainder of this Licence will remain in full force and effect.
10. Entire agreement; Applicable language
This Licence constitutes the entire agreement between you and Atlantis IT with respect to this App and supersedes all prior or current agreements relating to its subject matter. This Licence may only be modified by written agreement signed by Atlantis IT. The translations of this Licence are granted in order to satisfy the demands of local users and, in the event of any discrepancy between the Catalan version and any of the versions in other languages, the former will always prevail, provided it is not inconsistent with local law in the relevant jurisdiction.
11. Third Party Acknowledgments
Parts of this App use or include third-party software and other copyrighted material. The acknowledgements, licence terms, and disclaimers for such material are contained in the electronic documentation for your SmartPhone/tablet, and your use of said materials is subject to the terms therein.
For communication with your GPS tracker installed on your vehicle, this App sends and receives SMS through the SIM of this device (SmartPhone/Tablet) or the SIM of your vehicle’s tracker.