Dogtrace GPS 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 Dogtrace GPS application is provided free of charge.
If you decide to use Dogtrace GPS, you do so voluntarily and at your own risk. We are not liable for any damages caused as a result of using the Dogtrace GPS app.
You may terminate your contractual relationship under these License Terms by deleting the application and ceasing to use Dogtrace GPS.
The protection of your personal data is very important to us. For information on what personal data we process, why and how, please see our 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: + 420 731 441 541 (weekdays from 7:00 a.m. to 3:00 p.m.; if you call outside these hours, we will call you back)
E-mail: info@dogtrace.com

WHAT YOU NEED TO KNOW BEFORE USING THE APP

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

By installing and/or using Dogtrace GPS, you agree to be bound by these License Terms. If you do not agree to these License Terms, do not use the Software. At the time you install and/or begin using Dogtrace GPS, 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 Dogtrace GPS.

DOGTRACE GPS APP DESCRIPTION

Dogtrace GPS is an application created for the purpose of using various features beyond the basic functionality of some of our Products (generally the DOG GPS X30 series of products), which we offer on our E-Shop available at www.dogtrace.com.

In particular, Dogtrace GPS enables the wireless connection of a handheld device (receiver) with a mobile phone and/or tablet with Android or iOS operating system. The app can display all devices paired to the receiver in an online or offline map. Using the app, all functions and their parameters can be controlled and set, which are then synchronized with the GPS receiver settings.

For some Product models, the Dogtrace GPS app can control the built-in electronic training collar. If you change the size of the dog's stimulation pulse in the app, the size of the stimulation pulse is automatically adjusted in the receiver and vice versa.

Some of the other features include alerting by tone, vibration or text for dog movement or standing, leaving or entering the geo-fence (virtual fence), loss of RF signal from the transmitter.

You can learn more about the features, purpose and description of Dogtrace GPS on our E-shop www.dogtrace.com in the section Home > Customer Service > Product Features > Functions and Features of Dogtrace GPS or by clicking here.

TERMS AND DEFINITIONS

Unless otherwise specified in these License Terms or the context clearly indicates otherwise, capitalized terms 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.dogtrace.com;
Dogtrace GPS - a software application designed primarily to control certain Products available on the E-shop (including any additional features) provided in the form of a Mobile Application designed for mobile phones and/or tablets;
GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council;
Licence - the right to use Dogtrace GPS 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 Dogtrace GPS license granted to you as a User, which you are required to agree to before installing Dogtrace GPS and which you must comply with during your use of Dogtrace GPS;
Mobile Application - the Dogtrace GPS software solution available electronically in a mobile version on the Google Play Store for mobile devices or tablets running Android, or on the App Store for mobile devices or tablets running iOS;
Necessary Maintenance - means periodic maintenance required to maintain the features of Dogtrace GPS, is performed at the initiative of the Provider, is not a response to any Defect and is a period of time during which Dogtrace GPS is wholly or partially unavailable;
Civil Code - Act No. 89/2012 Coll. on the 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 Dogtrace GPS is compatible, in particular the products of the DOG GPS X30 series, the description of which states that they are compatible with Dogtrace GPS;
Service Support - means the service we provide as part of Dogtrace GPS on a basic user support level to the extent and at the times specified further in these License Terms;
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 Dogtrace GPS (also referred to as "You");
Faults - error conditions that prevent the proper functioning and use of Dogtrace GPS;

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

1. INTRODUCTORY PROVISIONS

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

1.1 User Statement. You represent and undertake that:
- 1.1.1. you have full legal capacity,
- 1.1.2. you will not use Dogtrace GPS in violation of applicable laws of the Czech Republic,
- 1.1.3. you will use Dogtrace GPS 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 Dogtrace GPS, agree to them without reservation, and will not use Dogtrace GPS in violation of them.
1.2 Obligations of the Parties. We grant to You a License to use Dogtrace GPS on the terms and conditions set forth below. You accept this License on the terms and conditions set forth below and agree to use Dogtrace GPS in accordance therewith.
1.3 Age of User. We represent that Dogtrace GPS is not intended for persons under the age of 16.
1.4 Dogtrace GPS as a work of authorship. We declare that Dogtrace GPS is a work of authorship within the meaning of the Copyright Act, in which we exercise exclusive copyright, including all of its components.
1.5 Subject matter of the License Terms. Because Dogtrace GPS is a work under the Copyright Act, we grant you permission to use Dogtrace GPS (the "License") in the manner and to the extent set forth in these License Terms.

2. LICENCE

This section tells you the extent to which you may use Dogtrace GPS and the license rights you are granted.

2.1 License. We grant you a non-exclusive License to use Dogtrace GPS.
2.2 Territorial Limitations of the License. The License is granted without territorial limitation.
2.3 Purpose of the License. The License is granted for the use of Dogtrace GPS solely for the purposes set forth in the introduction to these License Terms, namely, to control, set up and operate compatible Products.
2.4 License Term. The License is granted for the period for which you use Dogtrace GPS, i.e. for the duration of the contractual relationship under these License Terms. If the License terminates, you must cease use of Dogtrace GPS and remove all copies of Dogtrace GPS from your devices.
2.5 Obligation to Use the License. You have no obligation to use the Dogtrace GPS License.
2.6 Sublicense and Assignment of License. You may not grant the permissions forming part of the License, in whole or in part, to a third party (to sublicense Dogtrace GPS) without our prior written consent. You also may not 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 Dogtrace GPS with any other work or elements, or otherwise interfere with Dogtrace GPS 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 Dogtrace GPS made by the Provider during the term of the License (an "Update"), we also grant you a License to that modified version of Dogtrace GPS, unless we specify otherwise in the Update Notice (e.g., if we add any paid features).

3. PAIRING DOGTRACE GPS WITH THE PRODUCT

Before you begin using Dogtrace GPS, you must first pair it with the Product. See this section to find out how to do this.

3.1 Pairing the Product with Dogtrace GPS. Pairing the Product with Dogtrace GPS is a prerequisite to the proper use of Dogtrace GPS; you acknowledge this condition and agree to use Dogtrace GPS only after successfully pairing it with the Product.
3.2 Method of Pairing. To pair Dogtrace GPS with Your Product, You will be provided with a unique PIN when You purchase the Product, which You must enter into the Dogtrace GPS interface. You cannot use all Dogtrace GPS features properly without the PIN. You agree to keep your PIN safe and not to disclose it to anyone.
3.3 Reporting Obligation for Misuse of Access Credentials. You have an obligation to notify us immediately of any misuse or even attempted misuse of your access data (PIN).

4. REWARD

We provide Dogtrace GPS completely free of charge so that anyone can use it.

4.1 Royalty-Free 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 can happen if you ever violate them.

5.1 Obligation regarding the use of Dogtrace GPS. You agree that:
- 5.1.1. you will not take any action that is likely to interfere with or damage Dogtrace GPS;
- 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 Dogtrace GPS;
- 5.1.3. you will use the designated operating system and other required hardware and software to install and use Dogtrace GPS;
5.2. User's breach of these License Terms. It is not a breach of these License Terms if Dogtrace GPS does not work because you have breached any provision of these License Terms. In the event that You breach any of Your obligations under these License Terms, We shall be entitled to terminate the contractual relationship under these License 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 be obligated to indemnify Us for all damages incurred in connection with such breach, including non-pecuniary damages.

6. TECHNICAL REQUIREMENTS AND UPDATES

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

6.1 User's technical equipment. You are required to provide adequate technical equipment to enable You to use the features of Dogtrace GPS in accordance with these License Terms. You are also responsible for checking that Your technical equipment meets the technical requirements of Dogtrace GPS before You start using Dogtrace GPS. The technical requirements of Dogtrace GPS are listed either on our E-shop under "Technical Requirements" or as part of the Dogtrace GPS installation process.
6.2 Changes to Dogtrace GPS. We are entitled to make changes to the content and features of Dogtrace GPS at any time, even without prior notice. In such event, you are required to update the version of Dogtrace GPS you are currently using (either by downloading and installing a new version of Dogtrace GPS or by updating your current version, whichever is currently available or your preferred method). In the event that you fail to update Dogtrace GPS, we will not be liable in any way for Dogtrace GPS's failure to perform in whole or in part. You do not have the right to refuse changes as our Dogtrace GPS is provided "as is". You will be notified of updates to Dogtrace GPS via the email you provided when you registered, our Website, notifications on your mobile phone, or notification via Dogtrace GPS (pop-up, banner or otherwise).
6.3 Disagreement with Dogtrace GPS changes. In the event that You do not agree to a change (update) to Dogtrace GPS in accordance with the preceding paragraph, You have the right to stop using Dogtrace GPS and thereby terminate the contractual relationship under these License Terms.

7. CONDITIONS

We make every effort to ensure that Dogtrace GPS works flawlessly. However, no one is infallible. So, here is what to do if you encounter a Glitch.

7.1 Notification of a Fault. In the event that you encounter any Glitch while using Dogtrace GPS, please notify us promptly in writing to info@dogtrace.com . Notification of the occurrence of a Defect must include a description of the Defect, or specific screenshots showing the Defect, or other facts specifying the occurrence and form of the Defect.
7.2 Response to notification of a Defect. Upon notification of a Defect, we will inspect the Defect and determine whether or not it was caused by a defect on our part (e.g. a programming error in the Dogtrace GPS update). In the event that the Fault is caused by us, we will attempt to correct the Fault within a reasonable time. In the event that the Fault is not caused by us, you must arrange for the repair yourself.
7.3 Grounds for Exclusion of Liability. Please note that we only provide Dogtrace GPS as supplementary software to some of our Products. In addition, we provide Dogtrace GPS free of charge. Therefore, we cannot afford error-free development and assume no liability for the truthfulness, timeliness and safety of the information provided in Dogtrace GPS, or any Defects thereof. In order to guarantee such damages, we would have to charge Dogtrace GPS a fee, and we do not want to do that. Moreover, it is really not necessary for you to use Dogtrace GPS for the proper use and/or operation of our Products.
7.4 Use of Dogtrace GPS 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 Dogtrace GPS 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 your use of Dogtrace GPS is a voluntary decision and you use it at your own risk.
7.5 Liability for damages caused by your use of Dogtrace GPS. We shall not be liable for any damage caused by the use of, or any Defect in, the Dogtrace GPS (e.g. if there is a Defect in the location display in the Dogtrace GPS and your dog runs off somewhere where you cannot find it according to the map, we shall not be liable to you for any damage caused by this).

8. HIGH POWER

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

8.1 Conditions for force majeure. 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 independently of our will 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 Providing Support. We provide standard customer support on working days from 7am to 3pm. If you have any problems, you can contact our customer support either by phone on +420 730 893 828 or by email at info@dogtrace.com.

10. NECESSARY MAINTENANCE

Here you will find out in which cases Dogtrace GPS may be temporarily suspended.

10.1 Necessary maintenance. It is neither a breach of these License Terms nor a Defect if Dogtrace GPS fails to function properly due to Necessary Maintenance (e.g., cloud server maintenance).
10.2 Duty to Tolerate Necessary Maintenance. You shall be obligated to tolerate temporary downtime of Dogtrace GPS consisting of limiting or interrupting its operation for the purpose of Necessary Maintenance. You will generally be notified of the planned Necessary Maintenance by Your email, Our E-Shop, notifications on Your mobile phone, or by notification through Dogtrace GPS (pop-up, banner or otherwise). In such notification, we will usually tell you what type of maintenance is involved and the expected start and end time of the work.
10.3 Updates. In addition to Required Maintenance, we may also perform free updates (changes) to Dogtrace GPS (e.g., the Mobile App itself) or its components (e.g., cloud server settings). For this purpose, we are entitled to restrict or suspend the operation of Dogtrace GPS for the time necessary to perform the update. We will generally notify you of this in advance, as is the case with notices of Necessary Maintenance. As with a Maintenance Requirement, you must tolerate the temporary shutdown of Dogtrace GPS 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 License Terms is for an indefinite term.
11.2 Termination. The contractual relationship under these License Terms shall be deemed terminated if you delete and cease using Dogtrace GPS.
11.3 Loss of Provider Eligibility. You agree that in the event that we lose eligibility to operate Dogtrace GPS through no fault of our own, 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 License Terms shall be deemed to be:
- 11.4.1. conduct that is capable of compromising in any way the operation and use of Dogtrace GPS;
- 11.4.2. use of Dogtrace GPS 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 Dogtrace GPS;
- 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. DATA PROTECTION

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 as controller. As a User, you may entrust us with your Personal Data during your use of Dogtrace GPS. You can find how we handle Personal Data in our Personal Data Processing Policy.
12.2 Provider as processor. In the event that during the term of the contractual relationship under these Licence Terms, there is processing of Personal Data during which you transmit Personal Data to us for processing and we should act as a processor of the Personal Data, we undertake to provide you with all assistance 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 Business 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 commercial communications based on our legitimate interest to promote our similar products and services. You may, of course, unsubscribe from receiving commercial communications at any time.

13. CONCLUSION

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

13.1 The law. These License Terms are governed by the laws of the Czech Republic, excluding conflict of laws rules of private international law.
13.2 Amicable Dispute Resolution, Jurisdiction. We will always attempt to resolve any dispute arising between us amicably. If it is not possible to reach an amicable solution, then the courts will take their turn. We agree that any disputes arising in connection with the use of Dogtrace GPS shall be resolved by the court of competent jurisdiction for the territory of the city of Hradec Králové in the Czech Republic.
13.3 The provisions shall survive 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 the termination of the contractual relationship under these License Terms.
13.4 Changes to the License Terms. These License Terms may be unilaterally amended or terminated by Provider in writing.
13.5 Declaration of Succession. The parties hereto represent 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 a transfer of rights and obligations, pass to their successors in interest.
13.6 Validity and Effectiveness. The contractual relationship, as amended by these License Terms, shall become valid and effective on the date of installation of the Dogtrace GPS or the moment of commencement of use of the Dogtrace GPS, whichever is earlier.