SYGIC - END USER LICENSE AGREEMENT
Last Updated: November 20, 2020
PLEASE READ THIS END USER LICENSE AGREEMENT ("EULA") CAREFULLY BEFORE USING THE SOFTWARE.
THIS IS NOT A PURCHASE AGREEMENT BUT A LICENSE AGREEMENT.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE ACQUAINTED YOURSELF WITH THE PAYMENT CONDITIONS.
1 Introductory Provisions
I. You as an individual end user; and
II. (a) Sygic a. s., with its registered seat at Twin City C, Mlynské Nivy 16, 821 09 Bratislava - mestská časť. Ružinov, the Slovak Republic, registered in the Commercial Register of the District Court Bratislava I, section: Sa, File No. 4893/B, Identification No. 35 892 030 (hereinafter referred to as "Sygic SK"); and
III. Tripomatic, s.r.o., with its registered seat at Za Parkem 631/14, Medlánky, 621 00 Brno, the Czech Republic, registered in the Commercial Register of the Regional Court in Brno, section: C, File No. 57944, Identification No. 28274211 (hereinafter referred to as “Tripomatic”).
in relation with your use of Sygic Travel and its particular features provided by Tripomatic
(hereinafter referred to as ”Software”).
Tripomatic's contact details and other information that Tripomatic is obliged to disclose in accordance with applicable Czech laws can be found on its website.
1.2 This EULA sets out the conditions under which you are entitled to use the Software.
1.3 You may acquire the Software through App store provided by Apple Distribution International, located at Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland and other companies from Apple group (any and all companies of Apple group hereinafter referred to as “Apple”). You will be able to choose the required Software and its price will always be notified to you in advance. In some cases, you may also need an activation key to use the Software which will be provided to you by Tripomatic. You and Tripomatic hereby acknowledge that this EULA is concluded between you and Tripomatic, and not with Apple. Tripomatic, not Apple, is solely responsible for the Software and content thereof. You and Tripomatic hereby acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software. Furthermore, you and Tripomatic hereby acknowledge that Tripomatic, not Apple, is responsible for addressing any claims of yours or third party relating to the Software and/or your use of the Software, including, but not limited to (i) product liability claims, (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement and (iii) claims arising under consumer protection, privacy or similar legislation, including in connection with Software's use of the HealthKit and HomeKit frameworks.
1.4 To the extent permitted by applicable law, you and Tripomatic hereby acknowledge and agree that Apple is a third party beneficiary of this EULA and that upon your acceptance of this EULA, Apple will have the right and is deemed to have accepted the right to enforce this EULA against you.
2 Conclusion of this EULA
2.1 You accept the terms of this EULA and express your consent to be bound by this EULA by purchasing the Software.
2.2 If you do not agree with all of EULA terms, you are not permitted to download, install and use the Software. In case, you have already installed the Software you must uninstall it from your device and destroy all copies of the Software.
2.3 You are not allowed to use the Software and accept this EULA if (i) you are not of legal age required to validly conclude this EULA, or (ii) you are a person barred from using the Software under the applicable laws.
2.4 This EULA is concluded in writing once you have purchased the Software and you agree that it applies from the date (i) you have downloaded the Software, or (ii) you have received an activation key to the Software, if applicable.
3 Use of the Software
3.1 In order to be able to use the Software, you must download and install the Software in your device. Downloaded Software must be installed on a correctly configured device.
3.2 You hereby acknowledge that the Software contains and will be used jointly with the third party digital map databases. The list of the map providers can be found in Attachment 1 hereto. Terms and conditions of use of map databases can be found on websites of respective map providers.
3.3 For some functionalities of the Software to work correctly, you may need to have wireless internet or data connection enabled on your device. The settings of the device on which you install the Software shall be your exclusive responsibility. You shall be solely responsible for the payment of any fees and expenses related thereto.
3.4 You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of the Software. You further acknowledge that it is your responsibility to comply with all applicable laws while using the Software.
4 Grant of License
4.1 All title and intellectual property rights in and to the Software including any of its parts (such as map databases) are owned and remain to be owned by Tripomatic or its suppliers.
4.2 If you have agreed to the terms of this EULA and you have paid a license fee (if applicable), Tripomatic hereby grants you a (i) non-exclusive and non-transferable right to use the Software on any Apple-branded products that you own or control for your personal use, subject to the conditions specified herein and unless this EULA or applicable law stipulates otherwise (ii) a sub-license to use third parties map database in the extent specified in terms and conditions of license agreements of particular map providers.
4.3 You may create a back-up of the Software for archival purposes, provided that the original and the back-up remain in your possession (unless this EULA stipulates otherwise) and that you use the Software only as authorised under this EULA.
4.4 You might be entitled to obtain future upgrades and updates of the Software and of third party digital map databases. Nothing in this EULA, however, constitutes your legal claim to request any future upgrades and updates. If upgrades and updates are available, obtaining of such upgrades and updates may be subject to additional payments. Upon your acceptance of conditions for obtaining such upgrades and updates, terms of the use of upgraded and updated Software shall be governed by up to date EULA. For the avoidance of doubts, the term Software used in this EULA shall include the updated and/or upgraded Software, unless stated otherwise.
5 Limitations of License
5.1 You hereby undertake that the device on which you install the Software remains in your possession at all times and that Software (including map databases) will be used only by yourself, except, if available, that the Software may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
5.2 The Software and any of its parts (such as map databases) may serve for your personal and non-commercial use only. You may not sublicense, sell, resell, rent, lease, transfer, assign, time share, reproduce, duplicate, copy or otherwise commercially exploit or make the Software available to any third party, unless expressly permitted by this EULA.
5.3 You may not copy, distribute, reverse engineer, create derived versions of the Software or derivative works based on the Software, analyse, decompile, disassemble a source code or seek to obtain a source code of the Software unless expressly permitted by the applicable law.
5.4 You may not use the Software in any unlawful manner or in any manner that interferes with or disrupts the integrity of the Software. You may not modify or adapt the Software, or otherwise attempt to gain unauthorized access to the Software.
5.5 You hereby acknowledge and agree that Tripomatic hereby grants you the right to use the Software.
6 License Fee
6.1 Tripomatic grants you the right to use the Software for (i) free or (ii) a license fee, depending on whether you download trial, free or premium version (“license type”). If the Software is provided for a license fee, you agree to pay the license fee specified on the App store through which you are obtaining the license to use the Software.
6.2 Once you pay the license fee through the App store and Tripomatic will be notified that the payment was successful, your license fee shall be deemed to be paid.
7 Software Delivery and Characteristics
7.1 7.1 Tripomatic is obliged to deliver the Software or activation key to the Software once the license fee was paid in full (if applicable) in accordance with point 6.2 above, however, it is entitled to do so even prior to full payment of the license fee, for example in case of a trial version.
7.2 The characteristics of the Software depend on its features and the license type which you have acquired. A description of Software's functionality can be found in point 1.1 above; such specification forms part of this EULA (“Software Specifications”).
7.3 Detail description of Software functionalities and features are contained in the product description (“Product description”) available at Sygic Travel.
7.4 Product description shall reflect, on ongoing basis, constant improvements of the Software. Tripomatic may, at its sole discretion, share with you any recommendations on how to utilise the Software better. For the avoidance of any doubt, the Product descriptions do not form a part of this EULA.
7.5 Tripomatic makes no warranty as to the accuracy or completeness of map databases that may be contained in or be used jointly with the Software. Due to the passage of time, changing circumstances, sources used and the nature of collecting comprehensive geographic data, some recommendations may not be accurate and may lead to incorrect results.
8 Ancillary Services
8.1 Apart from securing basic features of the Software, Tripomatic shall also provide additional features. This may include, inter alia, navigation services, localization services, points of interest, various information about attractions, monuments or public transport (this feature is available in selected cities only), opening hours, translations powered by Google Translate, etc. To see all features of the Software, please click on the hyperlink of the Software in point 1.1 above.
8.2 Tripomatic shall secure and maintain all user login details, regardless of whether trial, free or a premium version of the Software is being used.
8.3 Tripomatic is entitled to notify you of any maintenance of the Software (e.g. downtimes and outages of the Software).
8.4 The Software will enable you to add, create, upload, submit, distribute or post your own content (hereinafter referred to as “User Content”). This User Content, whether publicly posted or privately transmitted, is your sole responsibility. Publicly posted User Content is subject to prior approval by Tripomatic. You acknowledge and are aware of the fact there is no legal title for your User Content to be publicly posted. Whether the approval will or will not be granted and whether the User Content is or is not in line with point 8.8 below is at Tripomatic's sole discretion.
8.5 You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws.
8.6 By submitting public User Content through the Software, you hereby grant Tripomatic a royalty free, worldwide, non-exclusive, territorially unlimited perpetual, sublicensable and freely transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Software, including without limitation for promoting and redistributing part or all of the User Content (and derivative works thereof) in any media formats and through any media channels.
8.7 The license granted to Tripomatic does not affect your other ownership or license rights in User Content, including your right to grant additional licenses to User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to Tripomatic without infringement or violation of any third party rights, including without limitation, any privacy rights, copyrights, trademarks or any other intellectual property or proprietary rights.
8.8 All User Content must be lawful, spam free and clear of virus or other malware. More specifically, but without limiting the generality of the foregoing, it must comply with the following:
8.8.1. not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
8.8.2. not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
8.8.3. not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person;
8.8.4. not violate the legal rights (including the privacy rights) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this EULA.
9 Other Apple-related terms
9.1 You and Tripomatic hereby acknowledge that, in the event of any third party claim that the Software or your possession and use of the Software infringes that third party's intellectual property rights, Tripomatic, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
9.2 You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
10 Liability for Defects
10.1 Tripomatic shall be liable for defects (i) in the Software and (ii) in the upgrade or update of the Software.
10.2 Given that the trial and free version of the Software are licensed free of charge, Tripomatic shall not be liable for any defects in the Software installed as a free or trial version.
10.3 Tripomatic shall bear no responsibility whatsoever for any inaccuracy, incompleteness or other defect of any map databases used together with the Software. Such liability shall be governed by the terms and conditions of license agreements of the respective map providers.
10.4 Tripomatic shall not be liable, in any manner whatsoever, for any User Content, for its errors, inaccuracies or incompleteness or for any ancillary services pursuant to point 8.1 of this EULA, in particular (without limitation) for any (i) inaccuracy or incompleteness of any information about any attraction, monument, point of interest, opening hours etc. or out of date information; (ii) error or inaccuracy in route calculation; (iii) inaccuracy in the translation of the text into other languages; or (iv) inaccuracy of public transport information, if applicable.
10.5 Tripomatic shall not be liable in any manner whatsoever for inputs provided by you. The inputs shall include in particular, but not exclusively: selection of destination, route, avoidance of tolls. You are solely responsible for the correctness of such inputs.
10.6 Tripomatic warrants that the Software will perform substantially in accordance with the Software Specifications. Tripomatic does not warrant in particular (without limitation) that the Software or the provided result (i) will meet your requirements and (ii) will be uninterrupted, error-free or available at all times.
10.7 Tripomatic shall bear no responsibility for any non-performance of the Software which is out of its reasonable control such as insufficient GPS signal.
10.8 You acknowledge that due to constant improvement of its software products, Tripomatic may decide to cease to provide technical support with respect to particular Software version; it may result in the particular version being no more interoperable with other software in your device. In such case Tripomatic shall inform you in advance and allow you to upgrade the Software. If you decide not to upgrade the Software to a newer version, Tripomatic shall bear no responsibility whatsoever for the interoperability, defects and malfunctions of the software (including Software) in your device.
11 Liability for Damage
11.1 Tripomatic shall only be liable for damage in case there is a causal connection between the damage and the Software.
12 Technical Support
12.1 Tripomatic shall provide technical support. Any requirements for technical support may be delivered to Tripomatic via www.sygic.com/en/support.
12.2 A requirement for technical support shall be sufficiently detailed, in order to enable the technical support staff to solve reported problem.
12.3 You may be refused to be provided the technical support if you fail to provide necessary cooperation.
12.4 Tripomatic shall not be obliged to provide any support and shall not be responsible for any defect if reported problem results from (i) any unauthorized interference with the Software, (ii) incorrect settings of the Software, or (iii) any use of the Software which is in conflict with EULA (including Software Specifications) or Product description.
12.5 You agree that any technical information you provide as a part of any request for technical support or complaint will be used for Software support and development by Tripomatic internally.
13 Complaints and Defect Removal
13.1 If you believe that the Software has a defect, and for any reason, it is impossible to submit a request for technical support via the website www.sygic.com/en/support or if you are dissatisfied with the provided technical support, you can send a complaint to email@example.com.
13.2 Tripomatic shall be obliged to send you a confirmation of the complaint delivery without undue delay.
13.3 Tripomatic shall inform you how the matter will be handled without undue delay; if the case is more complex, you shall be informed within 3 business days and in well-grounded cases, in particular if a complex technical assessment is necessary, within 30 days after the complaint has been delivered to Tripomatic.
13.4 The complaint shall be handled within 30 days after delivery to Tripomatic and at the same time, Tripomatic shall be obliged to provide you with a confirmation of complaint handling.
13.5 If the Software has a defect or a defective technical support is provided, you have the right to a free, timely and due removal of the defect. The defect shall be removed by Tripomatic without undue delay. Tripomatic is however entitled to replace the Software with a faultless one.
13.6 If the Software has a defect which cannot be removed and prevents a proper use of the Software, you have the right (i) to an exchange of the Software or (ii) to terminate this EULA and receive a refund of paid license fee (a) in full in case of lifetime license or (b) license fee paid for last subscription period in case of subscription based license. The termination notice must in this case be delivered to the e-mail address specified under the point 13.1 above.
13.7 You have the same rights as those described in the point 13.6 above if the defects of the Software can be removed but you cannot use the Software properly due to a repeated occurrence of the defect after the repair or due to a larger number of defects.
13.8 If you have a domicile or habitual residence in any country of the European Economic Area and it is not possible to resolve the dispute directly between you and Tripomatic, you have the right to file a petition for starting an alternative resolution of the dispute within one year since you submitted your claim to Tripomatic for the first time. An evidence proving your unsuccessful attempt to resolve the dispute directly with Tripomatic shall be attached to such petition. The relevant entity for an alternative resolution of a dispute is the Czech Trade Inspection (www.adr.coi.cz). At the same time, you can use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/ to submit a proposal for alternative dispute resolution.
13.9 In the event of any failure of the Software to conform to any applicable warranty, instead of contacting Tripomatic and using the procedure described above, you may notify Apple and Apple will refund the license fee for the Software according to Apple's refund policy. To avoid any misunderstanding, Apple will have no other warranty obligation whatsoever with respect to the Software and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be sole responsibility of Tripomatic.
14 Personal Data Protection
15 Term and Termination of EULA
15.1 EULA is effective from the moment of its conclusion as specified under the point 2.4 above and is concluded for a period stipulated in Software Specifications.
15.2 You may terminate EULA with immediate effect at any time by uninstalling all copies of the Software.
15.3 You are entitled (i) to withdraw from this EULA without stating any reasons during the period of 14 days from the day of the conclusion of this agreement and (ii) to receive a full refund of the license fee. In order to exercise your right of withdrawal you may notify Apple and Apple will refund the license fee for the Software according to Apple's refund policy.
15.4 This EULA may be terminated by Tripomatic with immediate effect, if you substantially fail to comply with any provision of this EULA. The notice of termination shall be sent to your e-mail address which you have provided. The notice of termination shall become effective as of the moment of its delivery to the e-mail address or as of the moment when Tripomatic receives a reply that it is not possible to deliver the respective e-mail containing the notice of termination.
15.5 If the Software is installed as trial version, this EULA is effective for the trial period. Trial version of the Software may include functionality intended to disable its operation after the expiration of the trial period.
15.6 If this EULA terminates pursuant to point 15.4 above, Tripomatic shall not be obliged to refund you the license fee.
15.7 If you substantially fail to comply with any provision of this EULA, Tripomatic is entitled to immediately terminate your use of the Software.
15.8 This EULA also terminates once you receive from Apple the refund of your license fee for Software pursuant to point 13.9 above. Upon termination of this EULA, you must cease all use of the Software and uninstall all copies of the Software. The provisions of EULA, which by their nature are intended to survive the termination, will remain in effect after termination of EULA (e.g. provisions related to confidentiality, limitations of license, liability for defects and damage, governing law and jurisdiction).
16.1 At all times during the term of this EULA and thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for your benefit or any other individual or entity any confidential information of Tripomatic or any of its third-party data providers. For the purposes of this EULA confidential information means any trade secrets or information whether written, digital, oral, or in other form which is unique or confidential to Tripomatic or its third-party data providers.
17 Governing Law
17.1 This EULA shall be governed and construed in accordance with the Slovak law. The United Nations Convention for Contracts for the International Sale of Goods is explicitly excluded.
17.2 Statutory regulations on mandatory application of national or international consumer protection law remain unaffected.
18.1 If any provision of this EULA is held to be invalid, illegal, or unenforceable in any respect, that provision to the extent permitted by law shall be severed from EULA and shall not affect the remaining provisions hereof, and the parties agree to substitute for such provision a valid provision which most closely approximates the intent and economic effect of such severed provision.
18.2 You may not transfer the license or assign the rights arising from this EULA to third party without prior written consent of Tripomatic.
18.3 EULA constitutes the entire agreement between Tripomatic and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between Tripomatic and you with respect to such subject matter.
18.4 A failure or delay in enforcing any right or remedy under this EULA shall not constitute a waiver of such right or remedy or of any future exercise of such right or remedy.
18.5 The parties wish to agree that should EULA change, such changes shall be proposed by Tripomatic jointly with subsequent Software upgrade/update. You are obliged to familiarize yourself with those changes after each Software upgrade/update, as by downloading the Software upgrade/update you agree with the latest version of the EULA. If you disagree with changes, you are obliged to uninstall the Software from your device and destroy all copies of the Software.
17.6 The wording of this EULA can be found on Sygic's website.