DOG GPS mini Licensing Terms and Conditions

("License Terms")

issued by the company VNT electronics s.r.o., ID No.: 647 93 826, with registered office at Dvorská 605, Žichlínské Předměstí, 563 01 Lanškroun, represented by Jiří Novák, Managing Director, registered in the Commercial Register maintained by the Regional Court in Hradec Králové, file No. C 9839 (hereinafter referred to as "Provider" or "we"),

Information you should not overlook:

Our DOG GPS Pet tracker application is provided free of charge.
If you decide to use the DOG GPS Pet tracker, you do so voluntarily and at your own risk. We are not liable for any damages caused as a result of using the DOG GPS Pet tracker.
You may withdraw from the contractual relationship under these License Terms by deleting the application and ceasing to use DOG GPS Pet tracker.
The protection of your personal data is very important to us. For information on what personal data we process, why and how, please refer to the Personal Data Processing Policy.

Who are we?

Name: VNT electronics s.r.o.
Registered office: Dvorská 605, Žichlínské Předměstí, 563 01 Lanškroun
ID: 647 93 826
DIC: CZ64793826
Registration in the Commercial Register: the company is registered in the Commercial Register maintained by the Regional Court in Hradec Králové, file no. l C 9839, represented by Jiří Novák, Managing Director

How can you contact us?

Address: Dvorská 605, Žichlínské Předměstí, 563 01 Lanškroun
Telephone: + 420 733 121 890 (weekdays from 7:00 a.m. to 3:00 p.m.; if you call outside these hours, we will call you back)
E-mail: tomas.urban@dogtrace.com

WHAT YOU NEED TO KNOW BEFORE USING THE APP

Before you start using our DOG GPS Pet tracker, please read these License Terms carefully. Your right to use the DOG GPS Pet tracker is conditional upon your acceptance of and compliance with these License Terms. These License Terms apply to all Users of the DOG GPS Pet tracker.

By installing and/or using the DOG GPS Pet tracker, you agree to be bound by these License Terms. If you do not agree to these License Terms, do not use the software. Once you install and/or use the DOG GPS Pet tracker , these License Terms, including the URL links, become the entire agreement between you and us as a matter of law. If you do not agree to any part of the License Terms, then you may not install and/or use the DOG GPS Pet tracker .

DOG GPS Pet tracker APP DESCRIPTION

The DOG GPS Pet tracker is an application created for the purpose of using various features of our Products (generally the DOG GPS mini range of products) which we offer on our E-Shop available at www.doggpsmini.com.

In particular, the DOG GPS Pet tracker allows wireless connection to a PC in the web version, a mobile phone, a smartwatch and/or a tablet with Android or iOS operating system. The application can display all devices paired with the created account. Using the application, it is possible to control and set all functions and their parameters, which are then synchronized with the server and subsequently with the Product.

Some of the other functions are, for example, alerts for entering/leaving the fence, live status changes, sound, light, vibration, BT, Wi-Fi location, battery status, position estimated from geofence, geolocation failure. All of them can be set separately and for each Product and User separately.

You can learn more about the functions, purpose and description of the DOG GPS Pet tracker on our E-shop www.doggpsmini.cz in the section Home > GPS locator > Functions and features of the DOG GPS mini locator or by clicking here.

TERMS AND DEFINITIONS

Unless otherwise specified in these License Terms or the context clearly indicates otherwise, capitalized terms used in these License Terms are used in the singular and plural in the following senses:

Copyright Act - Act No. 121/2000 Coll., on Copyright, on Rights Related to Copyright and on Amendments to Certain Acts, as amended.
E-shop - our online shop, which we operate on the Internet at www.doggpsmini.com;
DOG GPS Pet tracker - a software application designed primarily to control the DOG GPS mini locator Product available on the E-shop (including any additional features) provided in the form of a Mobile Application designed for PC in a web-based version, for mobile phones and/or tablets or smart watches;
GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council;
Licence - the right to use the DOG GPS Pet tracker provided by us to you in the manner and to the extent set out in these Licence Terms;
License Terms - the terms and conditions of the DOG GPS Pet tracker license that you, as a User, are required to agree to before installing the DOG GPS Pet tracker and must abide by during your use of the DOG GPS Pet tra cker;
Mobile Application - the DOG GPS Pet tracker software solution available electronically in a web version for PC, a mobile version on the Google Play Store for mobile devices, tablets or smartwatches running Android, or on the App Store for mobile devices, tablets or smartwatches running iOS;
Necessary Maintenance - means the periodic maintenance required to maintain the features of the DOG GPS Pet tracker, is performed at the initiative of the Provider, is not a response to any Defect and is the period of time during which the DOG GPS Pet tracker is wholly or partially unavailable;
Civil Code - Act No. 89/2012 Coll., Civil Code, as amended;
Personal data - any information about the data subject on the basis of which he or she can be identified, directly or indirectly;
Products - are the products offered on the E-shops with which the DOG GPS Pet tracker is compatible, in particular the Products of the DOG GPS mini locator series for dogs and cats, the description of which states that they are compatible with the DOG GPS Pet tracker;
Service Support - means the service that we provide as part of the DOG GPS Pet tracker at the basic user support level to the extent and at the times specified in these License Terms below;
Consumer - any natural person who deals with us outside the scope of their business or independent practice of their profession;
User - who ever chooses to use the DOG GPS Pet tracker (also referred to as "You");
Faults - error conditions that prevent the proper functioning and use of the DOG GPS Pet tracker;

(Provider and User hereinafter collectively referred to as " Parties" and individually as "Party")

1. INTRODUCTORY PROVISIONS

You may wish to begin by reviewing what these License Terms, your statement and other background information consist of.

1.1 User Representation. You represent and agree that:
- 1.1.1. you have full legal capacity,
- 1.1.2. you will not use the DOG GPS Pet tracker in violation of applicable laws of the Czech Republic,
- 1.1.3. you will use the DOG GPS Pet tracker only for the purpose for which it is intended,
- 1.1.4. you have thoroughly read the applicable License Terms prior to installing and using the DOG GPS Pet tracker, agree to them without reservation, and will not use the DOG GPS Pet tracker in violation of them.
1.2 Obligations of the Parties. We grant you a License to use the DOG GPS Pet tracker on the terms and conditions set forth below. You accept this License on the terms and conditions set forth below and agree to use the DOG GPS Pet tracker in accordance with them.
1.3 DOG GPS Pet tracker as a work of authorship. We declare that DOG GPS Pet tracker is a work of authorship within the meaning of the Copyright Act, in respect of which we exercise exclusive copyright, including all of its components.
1.4 Subject matter of the Licence Terms. As the DOG GPS Pet tracker is a work under copyright law, we grant you permission to use the DOG GPS Pet tracker (the "Licence") in the manner and to the extent set out in these Licence Terms.

2. LICENCE

This section tells you the extent to which you may use the DOG GPS Pet tracker and what license rights you are granted.

2.1 License. We grant You a non-exclusive License to use the DOG GPS Pet tracker.
2.2 Territorial Limitation of the License. The License is granted without territorial limitation.
2.3 Purpose of the License. The License is granted for the use of the DOG GPS Pet tracker solely for the purposes set forth in the introduction to these License Terms, namely to check, set up and operate compatible Products.
2.4 Duration of the Licence. The Licence is granted for as long as you use the DOG GPS Pet tracker, i.e. for the duration of the contractual relationship under these Licence Terms. If the Licence is terminated, you are obliged to cease using the DOG GPS Pet tracker and remove all copies of it from your devices.
2.5 Obligation to use the Licence. You are under no obligation to use the DOG GPS Pet tracker Licence.
2.6 Sub-licenses and assignment of the License. You may not grant the rights forming part of the License, in whole or in part, to a third party (to sub-license the DOG GPS Pet tracker) without our prior written consent. Nor may you assign the rights and obligations under the License to a third party without our prior written consent.
2.7 Interference with the subject matter of the License. You may not alter, modify or combine the DOG GPS Pet tracker with any other work or features or otherwise interfere with it in any way without our prior written consent.
2.8 Updates to the subject matter of the License. In the event that there are changes to the functionality of the DOG GPS Pet tracker made by the Provider during the term of the License (Updates), we will also grant you a License to that modified version of the DOG GPS Pet tracker, unless we specify otherwise in the Update Notice (e.g., if we add any paid features).

Pairing the DOG GPS Pet tracker with the Product

Before you start using the DOG GPS Pet tracker, you must first pair it with the Product. See this section to find out how to do this.

3.1 Pairing the Product with the DOG GPS Pet tracker. Pairing the Product with the DOG GPS Pet tracker is a prerequisite to the proper use of the DOG GPS Pet tracker; you acknowledge this condition and agree to use the DOG GPS Pet tracker only after it has been successfully paired with the Product.
3.2 Method of pairing. To pair the DOG GPS Pet tracker with your Product, you will be provided with a unique PIN when you purchase the Product, which you must enter into the DOG GPS Pet tracker interface. Without the use of the PIN, you cannot use all the functions of the DOG GPS Pet tracker properly. You agree to keep your PIN safe and not to disclose it to anyone.
3.3 Notification obligation in case of misuse of access data. You are obliged to notify us immediately of any misuse or even attempted misuse of your access data (PIN).

4. REWARD

We providethe DOG GPS Pet tracker application free of charge so that anyone can use it.

4.1 Gratuitousness of the License. The Parties agree that the License is granted to the User as gratuitous.

5. RIGHTS AND OBLIGATIONS OF THE USER

This section tells you what your rights and obligations are and what may happen if you ever violate them.

5.1 Obligation regarding the use of the DOG GPS Pet tracker. You agree that:
- 5.1.1. you will not take any action that is likely to interfere with or damage the DOG GPS Pet tracker;
- 5.1.2. you will follow the instructions set out on our E-Shop or within the description of the Mobile App on the App Store or Google Play when installing and using the DOG GPS Pet tracker;
- 5.1.3. you will use the designated operating system and other required hardware and software to install and use the DOG GPS Pet tracker;
5.2 Breach of these Licence Terms by the User. It is not a breach of these Licence Terms if the DOG GPS Pet tracker does not work because you have breached any of the provisions of these Licence Terms. In the event that you breach any of your obligations under these Licence Terms, we shall be entitled to terminate the contractual relationship under these Licence Terms without notice to you.
5.3 Indemnification for damages arising from User's breach of these License Terms. If You breach Your obligations under these License Terms, You shall indemnify Us for all damages arising in connection with such breach, including non-pecuniary damages.

6. TECHNICAL REQUIREMENTS AND UPDATES

Here you will learn about the technical requirements for using the DOG GPS Pet Tracker, as well as how updates are made

6.1.User's technical equipment. You are obliged to ensure that you have the appropriate technical equipment to enable you to use the features of the DOG GPS Pet tracker in accordance with these License Terms. You are also obliged to check that your technical equipment meets the technical requirements of the DOG GPS Pet tracker before you start using the DOG GPS Pet tracker. The technical requirements of the DOG GPS Pet tracker are listed either on our E-shop in the "Technical Requirements" section or as part of the installation process of the DOG GPS Pet tracker.
6.2. Změny DOG GPS Pet tracker. Jsme oprávněni kdykoliv, i bez předchozího upozornění, provádět změny obsahu a funkcí DOG GPS Pet tracker. V takovém případě máte povinnost aktualizovat Vaší stávající verzi DOG GPS Pet tracker, kterou využíváte (a to buď stažením a instalací nové verze DOG GPS Pet tracker, či aktualizací současné verze, podle toho, jaký způsob je zrovna k dispozici, nebo podle toho, jaký způsob preferujete). V případě, že nesplníte povinnost aktualizace DOG GPS Pet tracker, neodpovídáme žádným způsobem za to, že DOG GPS Pet tracker neplní zčásti či zcela své funkce. Nemáte oprávnění změny odmítnout, neboť náš DOG GPS Pet tracker je poskytován „tak jak je“ („as is“). O aktualizacích DOG GPS Pet tracker budete informováni prostřednictvím Vašeho e-mailu, který jste uvedli při registraci, našeho Webu, notifikací na Vašem mobilním telefonu, nebo oznámením prostřednictví DOG GPS Pet tracker (pop-up, banner nebo j
6.3 Disagreement with changes to the DOG GPS Pet tracker. If you do not agree to a change (update) to the DOG GPS Pet tracker according to the previous paragraph, you have the right to stop using the DOG GPS Pet tracker and thus terminate the contractual relationship according to these License Terms.

7. CONDITIONS

We do our best to ensure that the DOG GPS Pet tracker works flawlessly. However, no one is infallible. So, here is what to do in case you encounter a Glitch.

7.1 Notification of a Glitch. If you encounter any Glitch while using the DOG GPS Pet tracker, please notify us promptly in writing to objednavky@dogtrace.com. The notification of a Glitch must include a description of the Glitch, or specific screenshots showing the Glitch, or other facts specifying the origin and form of the Glitch.
7.2 Response to notification of a Defect. Upon notification of a Defect, we will inspect the Defect and determine whether or not the Defect is due to any reason on our part (e.g. a programming error in the DOG GPS Pet tracker update). If the Defect is due to any reason on our part, we will attempt to repair the Defect within a reasonable time. If the Defect is not due to any reason on our part, you must arrange for the repair yourself.
7.3 Grounds for disclaimer of liability. Please note that we only provide the DOG GPS Pet tracker as supplementary software to some of our Products. In addition, we provide the DOG GPS Pet tracker free of charge. Therefore, we cannot afford to develop without error and assume no liability for the truthfulness, timeliness and safety of the information provided in the DOG GPS Pet tracker or any Defects therein. In order to warrant such damages, we would have to charge for the DOG GPS Pet tracker, and we do not want to do that. Moreover, it is not really necessary for you to use the DOG GPS Pet tracker for the proper use and/or functioning of our Products.
7.4 Use of the DOG GPS Pet tracker and assumption of risk. For the reasons set out in the preceding paragraph, you acknowledge that the actual situation may sometimes differ from the information and content in the DOG GPS Pet tracker due to Defects (or for other reasons). Therefore, you should primarily draw information about (and data from) the Products in a manner that is made possible by the Products themselves. You further acknowledge that use of the DOG GPS Pet tracker is a voluntary decision on your part and you use it at your own risk.
7.5 Liability for damage caused by the use of the DOG GPS Pet tracker. We are not liable for any damage caused by the use of, or any Defect in, the DOG GPS Pet tracker (e.g. if there is a Defect in the DOG GPS Pet tracker's location display and your dog runs off somewhere where you cannot find it according to the map, we will not be liable to you for any damage caused by this).

8. HIGHER POWER

What happens if unforeseen events interrupt our duties? You can read about that here.

8.1 Force Majeure Conditions. We will not be liable for any breach of our obligations under these Licence Terms caused by a Force Majeure Event unless otherwise provided in these Licence Terms.
8.2 What is Force Majeure? Force Majeure means any impediment which has arisen beyond our control and which prevents us from performing our obligation if it is not reasonably foreseeable that we could have averted or overcome the impediment or its consequences, and further, that we would have foreseen the impediment at the time the obligation arose.

9. SUPPORT

How can you contact us if you need advice or to resolve a problem?

9.1 Provision of support. We provide standard customer support on working days from 07:00 to 15:00. If you have any problems, you can contact our customer support either by telephone on +420 733 121 890 or by email at tomas.urban@dogtrace.com.

10. NECESSARY MAINTENANCE

Here you will find out in which cases the DOG GPS Pet tracker may be temporarily suspended.

10.1 Necessary Maintenance. It is neither a breach of these License Terms nor a Defect if the DOG GPS Pet tracker does not function properly due to Necessary Maintenance (e.g. cloud server maintenance).
10.2 Obligation to Tolerate Necessary Maintenance. You have an obligation to tolerate temporary downtime of the DOG GPS Pet tracker consisting of limiting or interrupting its operation for the purpose of Necessary Maintenance. You will generally be notified of planned Necessary Maintenance via Your email, our E-Shop, notifications on Your mobile phone, or notification via the DOG GPS Pet tracker (pop-up, banner or otherwise). In such notification, We will usually specify to You the type of maintenance that will be involved and the estimated start and end time of the work.
10.3 Updates. In addition to the Necessary Maintenance, we may also perform free updates (changes) to the DOG GPS Pet tracker (e.g. the Mobile App itself) or its components (e.g. cloud server settings). For this purpose, we are entitled to limit or suspend the operation of the DOG GPS Pet tracker for the time necessary to perform the update. We will usually notify you of this in advance, as is the case with the Necessary Maintenance notice. As with the Necessary Maintenance notice, you are obliged to tolerate the temporary suspension of the DOG GPS Pet tracker for the purpose of updating it.

11. DURATION AND TERMINATION OPTIONS

This section tells you how to terminate the contractual relationship established by these License Terms.

11.1 Duration of the contractual relationship. The contractual relationship under these Licence Terms is for an indefinite period.
11.2 Termination. The contractual relationship under these Licence Terms shall be deemed terminated if you delete and cease to use the DOG GPS Pet tracker.
11.3 Loss of Provider Eligibility. You agree that in the event that we, through no fault of our own, lose eligibility to operate the DOG GPS Pet tracker, i.e., for example, by a change in law, the contractual relationship under these License Terms shall be deemed terminated at such time, which shall not be deemed a breach of these License Terms.
11.4 Material breach of the Licence Terms. We may terminate the contractual relationship under these Licence Terms as soon as we become aware of a breach by you. A breach of the Licence Terms shall be deemed to be:
- 11.4.1. conduct that is capable of compromising in any way the operation and use of the DOG GPS Pet tracker;
- 11.4.2. use of the DOG GPS Pet tracker in such a way as to cause damage to Us or any other User, and/or even attempt to misuse, block, modify or otherwise alter any part of the DOG GPS Pet tracker;
- 11.4.3. if you even attempt to obtain passwords and/or authorization codes of other Users;
- 11.4.4. any other instance where you act in breach of these Licence Terms.

12. PRIVACY

The protection of our customers' personal data is very important to us. You can read the rules for handling personal data in this section.

12.1 Provider in the position of a controller. As a User, you may entrust us with your Personal Data during your use of the DOG GPS Pet tracker. You can find how we handle Personal Data in our Privacy Policy.
12.2 Provider in the position of a processor. In the event that during the term of the contractual relationship under these Licence Terms there is any processing of Personal Data during which you would transfer Personal Data to us for processing and we should act as a processor of the Personal Data, we undertake to provide you with all the assistance necessary to comply with the obligations set out in the GDPR, in particular to enter into a contract with you for the processing of Personal Data, if necessary.
12.3 Commercial communications. We will send you commercial communications offering related services, to your email (commercial communications to customers/users). Your email address, which you will usually provide to us when you purchase a Product, is personal data and is processed in accordance with the GDPR, for the purpose of sending you commercial communications based on our legitimate interest to promote our similar products and services. You may, of course, unsubscribe from commercial communications at any time.

13. CONCLUSION

Finally, you can read what law governs our contractual relationship and a few formalities.

13.1. The law of the Czech Republic shall govern these Licence Terms, excluding conflict of laws rules of private international law.
13.2 Amicable resolution of disputes, jurisdiction. We will always attempt to resolve any dispute arising between us amicably. If an amicable resolution cannot be reached, then the courts will have jurisdiction. We agree that any disputes arising in connection with the use of the DOG GPS Pet tracker will be resolved by a court of competent jurisdiction for the territory of the city of Hradec Kralove in the Czech Republic.
13.3 Continuation of the provisions after termination of the contractual relationship under these License Terms. The rights and obligations set forth in the provisions of Articles 2, 5, 7 and 12 shall survive termination of the contractual relationship under these License Terms.
13.4 Changes to the Licence Terms. These Licence Terms may be unilaterally amended or terminated in writing by the Provider.
13.5 Declaration of Succession. The parties hereto declare and agree that the rights and obligations arising for them under these License Terms shall, in the event of termination or any other legal event resulting in the transfer of rights and obligations, pass to their successors in title.
13.6 Validity and Effectiveness. The contractual relationship as set out in these Licence Terms shall come into force and effect on the date of installation of the DOG GPS Pet tracker or the moment of commencement of use of the DOG GPS Pet tracker, whichever is earlier.