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Terms and conditions

1. Definitions used in the General Terms and Conditions
1.1 Service – web-based GPS tracking service provided by Metrotec OÜ (hereinafter the ‘service provider’).
1.2 Customer – natural or legal person who has registered as user of the service.
1.3 Device – GPS tracking unit that has been sold to the customer and that is registered in the service environment.
1.4 Service environment user licence (hereinafter the ‘user licence’ or ‘licence’) – licence to use the service in respect of one device including the SIM card pre-installed in the device.
1.5 User credentials – username and password providing the user with access to the service environment;
1.6 Partner – authorised reseller of devices;
1.7 Agreement – licence agreement entered into by the customer and service provider concerning use of the service.
1.8 Parties – customer and service provider.

2. Description of the service 
2.1 The purchase of a device entitles the customer to a one-year user licence in respect of the device.
2.2 The user licence gives the customer the right to use the web service to monitor, in real time and through prior data history, the position of an object equipped with the device, to set recipients of alarms, and to create and administer sub-accounts. The range of available features varies with the type of device and is described on the public website of the service provider.
2.3 The device includes a pre-installed SIM card that cannot be used with any other device. The SIM is activated when the device is switched on for the first time and remains active for the 12 months that follow.
2.4 The user licence and the active period of the SIM card can always be extended according to the price list.
2.5 The retention period for data stored in the service’s database is 6 months.
2.6 The customer acknowledges that in order for the service to function the device must be switched on and functional, the SIM card must not have been used in another device, the position fix of the device must not be lastingly interrupted, the device must have a valid user licence in the service environment, and the customer’s internet connection must be stable.

3. Licence registration, conclusion of agreement
3.1. The customer’s payment for the device and the service is deemed to constitute acceptance of these General Terms and Conditions. Activation of the licence means registration of the device in the service environment and is deemed to render the agreement effective.

4. Rights and obligations of the customer
4.1 The customer is entitled to user support from the service provider.
4.2 The customer undertakes to keep its user credentials confidential.
4.3 The customer undertakes not to use the device for unlawful purposes.

5. Rights and obligations of the service provider
5.1 The service provider retains the right at any time to update the IT solution of the service, to make technical improvements, to modify or improve the functionality of the service. The service provider is not obligated to seek prior approval of the customer for implementing such updates and improvements. The service provider notifies customers of major updates and improvements on the website of the service or via e-mail.
5.2 The service provider reserves the right to perform maintenance and updating operations on the service, and to suspend access to the service in order to carry out such operations.
5.3 The service provider reserves the right to unilaterally change these General Terms and Conditions. The service provider notifies the customer of such changes by email.
5.4 The service provider undertakes to maintain the confidentiality of the customer’s user credentials. The service provider reserves the right to change the user credentials in order to ensure the security of the service. On changing the credentials, the service provider issues new credentials to the customer and blocks access to the service by means of the former credentials.
5.5 The service provider undertakes to ensure the functioning of the service for the customer at least 98% of the year and undertakes to eliminate any malfunction in the work of the servers within 4 hours. Malfunctions that occur after working hours, i.e., during evening or night hours, must be eliminated at the latest by noon of the next working day.

6. Liability
6.1 The service provider is not liable for any indirect harm and is not under any obligation to reimburse the customer for any loss of profit, for any harm to property caused by third parties, for any costs that are incurred or any profits that decline due to interruption of business, or for any other similar head of damage.
6.2 The service provider is not liable for any inaccuracies in the map application that constitutes a component of the service, or for the application being up to date. The service provider employs map applications provided by third parties and does not issue any warranties as to the quality of their solutions.
6.3 The service provider is liable for any wrongfully caused direct harm to property that is sustained by the customer as a result of a breach of the agreement by the service provider.
6.4 Parties are not liable for failure to perform their obligations if they prove that such failure was caused by force majeure. Force majeure means an event or circumstance beyond the control of the party in breach that renders the performance of the agreement impossible and that the party could not have possibly influenced or prevented or that the party could not reasonably be expected to have taken into account or avoided or overcome. Amongst other things, force majeure includes interruptions in networks operated by third parties which result in interruptions in the communication services required for the provision of the service.

7. Warranty
7.1 The device has a 24 month warranty period starting from the date of purchase. The rechargeable battery provided as a component of the device has a warranty period of 6 months.
7.2 In the case of malfunction, the customer returns the device together with the filled out warranty slip at his or her own expense to the partner or service provider.
7.3 The warranty does not apply if:
7.3.1 the malfunction was caused by a harmful mechanical, electrical or magnetic influence external to the device, or by moisture, fire or heat, or as a result of using jump start equipment. The presence of harmful influence external to the device is determined by visual examination or by expert assessment of the damaged device by the service provider.
7.3.2 the malfunction has resulted from the opening, modification or attempted repair of the device (except where the opening, modification or repair was performed by the service provider or a person authorised by the service provider).
7.3.3 when reporting the malfunction, the customer fails to present a document duly proving the purchase of the device (invoice, payment slip, etc.).
7.4 In the absence of circumstances listed under clause 7.3, the service provider undertakes to eliminate any defects of the device that have appeared during the warranty period without charge within 14 days. When eliminating the defects, the service provider has the option of repairing or replacing the malfunctioning device.

8. Creation of user account, activation of user licence, user credentials
8.1 The customer registers as user of the service on the website of the service provider and creates a user account.
8.2 In order to activate the user licence of the device, the customer logs in to the account, enters the IMEI and type of the device, and provides a name to be used as its reference.
8.3 The customer is responsible for ensuring that all users of the service whom the customer has authorised are aware of these general terms and conditions and comply with them. The customer undertakes to ensure that its user credentials are only used by persons whom it has correspondingly authorised. The customer is liable for any disclosure of the user credentials to third parties by a user that it has authorised. On having any reason to believe that its user credentials have been used by unauthorised persons, the customer undertakes to change such credentials immediately. The service provider is not liable for any harm that is caused by any use of the user credentials by persons unauthorised by the customer.

9. Termination of service, extension of user licence
9.1 To terminate the user account or discontinue the service in respect of a device during the period of validity of its user licence, the customer must transmit to the service provider the corresponding digitally signed application. No compensation will be paid for the remaining licence time, nor can the licence be subsequently reactivated.
9.2 After the passing of a period exceeding 6 months since the expiration date of the user licence of a device, the device is removed from the service system. If the corresponding user account is not linked to another device with a valid user licence, the user account is also removed from the system.
9.3 The service provider is entitled to unilaterally terminate this agreement in the case of failure by the customer to comply with clauses 4.2 or 4.3. In any other cases, the agreement is terminated in accordance with the Law of Obligations Act or by written agreement of the parties.
9.4 The user licence can be extended by filling out the corresponding order form in the service environment. The licence is extended after receipt of payment on the relevant invoice.

10. Final provisions
10.1 All rights to intellectual property on which the service is based or which attach to the service in any other manner belong to the service provider. Using the service does not entitle the customer to any rights to the intellectual property on which the service is based or which attach to the service in any other manner. The customer is prohibited from copying, distributing, altering or using in a different manner any components, or parts of components, of the web interface, except for information that is displayed in the course of using the service and that the customer uses in its economic or professional activities.
10.2 Any communication between the parties must be in a format that allows reproduction in writing, except where such communication is for information purposes only and entails no legal consequences to the other party.
10.3 The agreement is governed by the laws of the Republic of Estonia.
10.4 Any disputes arising from the agreement are to be resolved by negotiations between the parties or, in the case of failure of such negotiations, by submitting the dispute for resolution to the Harju County Court.
10.5 These General Terms and Conditions are disseminated in their Estonian original version and as an English translation. In the case of a conflict between interpretations based on the Estonian original and the English translation, the interpretation based on the original takes precedence.