Acceptance of Terms
By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.
The terms “us” or “we” or “our” refers to Geros Technologijos Ltd., the owner of the Website.
“Visitor” - someone who browses our Website, but has not registered as Member.
“Member” - an individual who has registered with us to use our Service.
“Service” - the collective functionality and features as offered through our Website to our Members.
“User” - a collective identifier that refers to either a Visitor or a Member.
“Content” - text, information, graphics, audio, video, and data offered through our Website.
General Conditions/ Access and Use of the Service
Our Website contains our trademarks as well as those of other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner.
Links to Other Websites
Our Website contains links to third party websites. These links are provided solely for your convenience. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Geros Technologijos Ltd. has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
Geros Technologijos Ltd. reserves the right to modify any and all Content and features of our Website, at any time without notice. Our Website may be temporarily unavailable from time to time for maintenance or other reasons. Geros Technologijos Ltd. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member Content. Geros Technologijos Ltd. is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, Website, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to anyone’s computer, mobile phone, or other hardware or Website, related to or resulting from using, uploading, or downloading materials in connection with our Website. Under no circumstances will Geros Technologijos Ltd. be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website, or for any interactions between Users of our Website, whether online or offline.
Our website is provided “AS-IS,” “AS AVAILABLE,” with “ALL FAULTS”.
Our website may contain bugs, errors, problems or other issues. Geros Technologijos Ltd. including all our affiliates, have no liability whatsoever for your use of our Website, other than specified in our Legal Terms.
Geros Technologijos Ltd. DOES NOT PROMISE AND CANNOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE.
Software Service Level Agreements (SLA) of Track-POD and Uptime
Uptime is a time when a service user can use the service. It is calculated dividing the amount of hours per month when the service in inoperative from all the amount of hours of the service rendering per month. For instance, the service must be operative 24x7 (720 hours/month), it means 99.0% if the service is inoperative for 7.2 hours. Track-POD itself deliver at least 99.5% uptime guarantee, so we can guarantee a minimum of 99.5% uptime (excluding planned maintenance). This corresponds to a maximum unplanned downtime of 3.6h/month.
Geros Technologijos Ltd., as well as all our affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from any errors in or omissions from our Website; the unavailability or interruption of our Website; your use of our Website; or any delay or failure in performance of our Website.
Track-POD may make certain limited portions of the Services available for free. Track-POD requires payment of a fee for use of additional Services (or certain portions thereof) that are not available for free on a subscription basis (“Subscription”). Track-POD may also provide portions of the additional Services that are made available to those who purchase Subscriptions without payment for a trial period, but your ability to access those Services will be terminated at the end of such trial period. At any time during the trial and thereafter, you may purchase a Subscription.
(a) General. When you purchase a Subscription (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
(b) Subscriptions. If you purchase a Subscription, you will be charged the applicable Subscription fee (which may be on a monthly or annual basis, depending on the Subscription), plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each period thereafter (such period will depend on the Subscription), at the then-current Subscription Fee. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each applicable period at the beginning of the next applicable period of your Subscription during the term, using the Payment Information you have provided until you cancel your Subscription. By agreeing to this Agreement and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Track-POD. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with this Agreement. Prices for the Services, including but not limited to monthly Subscription fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time.
(c) Modifying Subscriptions. Upon upgrading or downgrading in plan level, you will be credited pro rata for the time remaining in the current billing cycle, however, you will not be refunded for any Services already rendered during the then-current subscription period. Downgrading your Subscription plan may cause the loss of features, or capacity of your Account. Track-POD does not accept any liability for such loss.
(d) Cancelling Subscription. YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR ONE-TIME PAYMENT OR SUBSCRIPTION FEE AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. EXCEPT AS SET FORTH ABOVE WITH RESPECT TO YOUR INITIAL SUBSCRIPTION PURCHASE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can send an email to [email protected] or submit a ticket at [email protected]. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then current subscription period and will then terminate without further charges; however, you will not receive a refund for any unused Services.
Our Legal Terms shall be treated as though it were executed and performed in the European Union and shall be governed by and construed in accordance with the laws of the European Union without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts.
If you have any questions about these Terms or the Services, please contact Track-POD at [email protected]
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