SYGIC - END USER LICENSE AGREEMENT
Last Updated: October 16, 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"), in relation to your use of Sygic Truck GPS Navigation.
(hereinafter referred to as “Software”).
Sygic SK's contact details and other mandatory information that Sygic SK is obliged to disclose in accordance with applicable Slovak laws can be found on its website at https://www.sygic.com/company/contact.
1.2 This EULA sets out the conditions under which you are entitled to use the Software.
1.3 You may only download the Software from sales channels approved by Sygic. 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 Sygic.
1.4 Some of the terms and conditions in this EULA may not be applicable in particular cases, depending on the method through which you will download the Software.
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 downloading 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 once (i) you have downloaded the Software, or once (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. Terms of end user licence agreements of respective map providers specified in Attachment 1 form part of this EULA to the extent permitted by law governing this EULA.
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.
3.5 3.5 Specific provisions regarding to use of Software’s Mobile Speed Cameras and Fixed Cameras functionality (the “Speed Cams Functionality”) shall apply in Germany (or other country where such specific regulations apply):
3.5.1. Source data for Speed Cams Functionality is provided by third party map provider.
3.5.2. Use of the Speed Cams Functionality by you is at your own risk and you shall indemnify Sygic, and map provider, against any liability suffered as a result of your use of the Speed Cams Functionality;
3.5.3. The use of Speed Cams Functionality may be regulated differently in different countries, which may cause the use of Speed Cams Functionality to be illegal and may carry a risk of significant fines and penalties being imposed. Before using Speed Cams Functionality, you are obliged to check the relevant regulation and adapt your usage of the Speed Cams Functionality, including the option not to use the Speed Cams Functionality at all, accordingly.
3.5.4. With regard to coverage for Germany, section 23(1c) of the German Road Traffic Code regulates the usage of the Speed Cams Functionality as follows:
“(1c) Whoever drives a vehicle may not operate, or have ready for operation, a technical device, which is intended to display or disrupt traffic monitoring measures. This applies in particular to devices for disrupting or displaying speed measuring devices (radar warning or laser disruption devices). For other technical devices which, in addition to other purposes, can also be used to display or disrupt traffic monitoring devices, the corresponding device functions may not be used.”
3.5.5. Neither Sygic nor map provider will defend, hold harmless, or indemnify you for any penalties imposed or damages caused in relation to the use of the Speed Cams Functionality. You are solely responsible for the correct and legal use of Speed Cams Functionality and it is your responsibility to get familiar with the respective regulation on its use, hence, you solely shall be liable for any penalties or damages resulting from your use of the Speed Cams Functionality.
3.5.6. Your use of Speed Cams Functionality may be terminated by Sygic if it faces any claims in respect of the Speed Cams Functionality or reasonably believes it will receive claims in respect of the Speed Cams Functionality, without any liability of Sygic or map provider against you.
3.5.7. Because the Speed Cams Functionality is heavily reliant on end user input, you acknowledge and agree that the quality of the Speed Cams Functionality might deteriorate over time as it is anticipated fewer people will use the Speed Cams Functionality.
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 Sygic or its suppliers.
4.2 If you have agreed to the terms of this EULA and you have paid a license fee (if applicable), Sygic hereby grants you a (i) non-exclusive and non-transferable right to use the Software for your personal use, subject to the conditions specified herein and unless this EULA stipulates otherwise (ii) a sub-license to use third parties map database in the extent specified in terms and conditions of licence 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 Particular in-app purchased Software may only be used on three devices at any time, except for Real Time Traffic licence, which may only be used on one device at any time.
5.2 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.
5.3 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.
5.4 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.
5.5 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.
5.6 You hereby acknowledge and agree that Sygic hereby grants you the right to use the Software. The prohibition to transfer the Software to a third party does not apply in case you have acquired a Software for a life-time use and paid required license fee. In such case you are entitled to transfer your copy of the Software on condition you disable your own use of the copy, do not create any duplicates and destroy any back-ups you have already created. You hereby acknowledge that Sygic may adopt technical measures to disable your further use of your original copy of the Software or its duplicates.
6 License Fee
6.1 Sygic 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 in the sales channel through which you are obtaining the license to use the Software.
7 Software Delivery and Characteristics
7.1 Sygic is obliged to deliver the Software once the license fee was paid in full (if applicable), however, it is entitled to do so even prior to full payment of the license fee. In case of a free or a trial version, Sygic shall deliver the Software upon you accept the terms of this EULA.
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 Truck GPS Navigation.
7.4 Product description shall reflect, on ongoing basis, constant improvements of the Software. Sygic 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 Sygic makes no warranty as to the accuracy or completeness of map databases that may be contained in or be used jointly with the Software, route conditions or route usability. Due to road conditions, 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.
7.6 You should always obey the following rules when using the Software: The Software is not intended to replace information provided on the road, such as travel direction, time or lane restrictions, traffic light and signs, police instructions, etc. Obey all traffic regulations and drive vigilantly based on your own good judgment according to the road conditions. Always concentrate on your driving by keeping your eyes and mind on the road. Do not distract yourself by setting the Software while driving.
8 Ancillary Services
8.1 Apart from securing basic features of the Software, Sygic shall also provide additional features. This may include, inter alia, navigation services, traffic forecasting, localization services etc. To see all features of the Software, please click on the hyperlink of the Software in point 1.1 above.
8.2 Sygic 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 Sygic is entitled to notify you of any maintenance of the Software (e.g. downtimes and outages of the Software).
9 Liability for Defects
9.1 Sygic shall be liable for defects (i) in the Software and (ii) in the upgrade or update of the Software.
9.2 Given that the trial and free version of the Software are licensed free of charge, Sygic shall not be liable for any defects in the Software installed as a free or trial version.
9.3 Sygic 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.
9.4 Sygic 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, information on truck parameters (such as height, weight, length, etc.). You are solely responsible for the correctness of such inputs.
9.5 Sygic warrants that the Software will perform substantially in accordance with the Software Specifications. Sygic 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.
9.6 Sygic shall bear no responsibility for any non-performance of the Software which is out of its reasonable control such as insufficient GPS signal.
9.7 You acknowledge that due to constant improvement of its software products, Sygic 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 Sygic shall inform you in advance and allow you to upgrade the Software. If you decide not to upgrade the Software to a newer version, Sygic shall bear no responsibility whatsoever for the interoperability, defects and malfunctions of the software (including Software) in your device.
10 Liability for Damage
10.1 Sygic shall only be liable for damage in case there is a causal connection between the damage and the Software.
11 Technical Support
11.1 Sygic shall provide technical support. Any requirements for technical support may be delivered to Sygic via email@example.com.
11.2 A requirement for technical support shall be sufficiently detailed, in order to enable the technical support staff to solve reported problem.
11.3 You may be refused to be provided the technical support if you fail to provide necessary cooperation.
11.4 Sygic 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.
11.5 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 Sygic internally.
12 Complaints and Defect Removal
12.1 If you believe that the Software has a defect, and for any reason, it is impossible to submit a request for technical support via firstname.lastname@example.org or if you are dissatisfied with the provided technical support, you can send a complaint to email@example.com.
12.2 Sygic shall be obliged to send you a confirmation of the complaint delivery without undue delay.
12.3 Sygic 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 Sygic.
12.4 The complaint shall be handled within 30 days after delivery to Sygic and at the same time, Sygic shall be obliged to provide you with a confirmation of complaint handling.
12.5 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 Sygic without undue delay. Sygic is however entitled to replace the Software with a faultless one.
12.6 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. The termination notice must in this case be delivered to the e-mail address specified under the point 12.1 above.
12.7 You have the same rights as those described in the point 12.6 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.
12.8 If you have a domicile or habitual residence in any country of the European Economic Area and you are not satisfied with the way Sygic has handled your claim or if you believe that Sygic has violated your rights, you may contact Sygic and ask for a remedy. If Sygic rejects your request for correction or fails to reply to such a request within 30 days from the date of submission, you have the right to file a petition for starting an alternative resolution of the dispute. The relevant entity for an alternative resolution of a dispute is the Slovak Trade Inspection (www.soi.sk) or other relevant legal entity registered in the List of Alternative Dispute Resolution Bodies maintained by the Ministry of Economy of the Slovak Republic (http://www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s). 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 Personal Data Protection
14 Term and Termination of EULA
14.1 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.
14.2 You may terminate EULA with immediate effect at any time by uninstalling all copies of the Software.
14.3 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 shall deliver a written withdrawal notice to the following e-mail address: firstname.lastname@example.org or via mail to Sygic's registered seat as specified in point 1.1 above. You may use the template withdrawal form. Use of the template withdrawal is not mandatory. It is sufficient that you send the withdrawal within the 14 days period and it does not have to be delivered to Sygic within this period. Sygic shall send a confirmation of the withdrawal's delivery to your e-mail address. You will receive the refund of the license fee within 14 days since the delivery of your withdrawal to Sygic.
14.4 This EULA may be terminated by Sygic 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 Sygic receives a reply that it is not possible to deliver the respective e-mail containing the notice of termination.
14.5 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.
14.6 If this EULA terminates pursuant to point 14.4 above, Sygic shall not be obliged to refund you the license fee.
14.7 If you substantially fail to comply with any provision of this EULA, Sygic is entitled to immediately terminate your use of the Software.
14.8 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 licence, liability for defects and damage, governing law and jurisdiction).
15.1 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 Sygic 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 Sygic or its third-party data providers.
16 Governing Law
16.1 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.
16.2 Statutory regulations on mandatory application of national or international consumer protection law remain unaffected.
17.1 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.
17.2 You may not transfer the license or assign the rights arising from this EULA to third party without prior written consent of Sygic, save for as stipulated in point 5.6 above.
17.3 EULA constitutes the entire agreement between Sygic and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between Sygic and you with respect to such subject matter.
17.4 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.
17.5 The parties wish to agree that should EULA change, such changes shall be proposed by Sygic 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.