Conditions of Use and Contract
Last update: November 10, 2018
Last update: November 10, 2018
In compliance with Law 34/2002 on Services of the Information Society and Electronic Commerce (LSSICE), we inform that this site is owned and operated by Mobitracker with registered office in Room 195 BINNEY ST APT 4202, CAMBRIDGE, MA, USA.
This website and the SMS location service called Mobitracker (hereinafter the Service) is available to any user, for their own consumption, and subject to the following terms and conditions: these Conditions of Use and Contract (hereinafter CUC ), our
When you use the Service, you accept these CUC and the rest of the terms and conditions.
By doing this, you agree not to use this site for illegal purposes.
Through the Service, Mobitracker allows you to locate the current position of a person who consents to be located. The Service allows you to send an SMS to the recipient to indicate that someone wants to know their location. If the recipient of the message expressly accepts, the geoposition of the recipient at that specific time is shared by the requestor.
In no case does Mobitracker go beyond the specific moment in which it has been accepted.
The monthly payment of the service does not guarantee that the person sought can be located, it only provides the means to achieve that end but in the event that the person is missing, with the mobile phone stolen, turned off or does not accept the link that we send in the SMS, we cannot get your GPS position.
You may be sent from the Service to other websites through links.
However, Mobitracker does not control those sites or their content, which are in fact subject to their own terms and conditions. Therefore, Mobitracker is NOT responsible for the quality, truthfulness or accuracy of those sites.
When you regiester to our app, you agree that we can send you our updates and promotional messages. If you don't want to receive them anymore, you can send us email to email@example.com
Regarding the use of the Service, you declare that you are of legal age and that you have the necessary legal capacity to be bound by this agreement and to use it in accordance with its terms and conditions, which you fully understand and acknowledge.
You declare that all the information you provide to access the Service, before and during its use, is true, complete and accurate.
The content and information of the Service (among other data, text, sound, image or computer code), as well as the infrastructure used to provide such content and information, is the property of Mobitracker or has the corresponding authorizations for its use. .
In addition, the modification, reproduction, duplication, copying, distribution, sale, resale and other forms of exploitation for commercial or equivalent purposes of the Service are prohibited.
For any other use of the content of the Service you need our prior written consent.
You can contribute to the Service by sending us messages to our email address or through the contact form (hereinafter "Content").
We may use your Content in different ways, such as: displaying it on the website, reformatting it, translating it into other languages, editing it for clarity, correcting errors, promoting or distributing it. Therefore, by submitting Content to us, you grant Mobitracker a free, non-exclusive, worldwide use license, pending removal of the content, transferable and sublicensable on that Content.
Therefore, by submitting Content to us, you grant Mobitracker a free, non-exclusive, worldwide use license, pending removal of the content, transferable and sublicensable on that Content.
That means that the content remains yours, but Mobitracker, thanks to that license of use, can: a) use, reproduce, modify, adapt, translate, distribute and publish the Content, create derivative works from it, display it and display it around the world, by any known means and for any legitimate purpose; and b) use the name you submit in connection with that Content.
However, Mobitracker reserves the right not to publish content or information that is false, illegal, misleading or contrary to the rights of third parties.
The prices of the plans offered on Mobitracker are indicated in dollar($) and include the value added tax (VAT) applicable to these services.
The payment of the contracted Service can be made:
- By credit or debit card VISA or MasterCard, charging the amount at the time of purchase of the products.
In this sense, Mobitracker informs credit and debit card holders that it is responsible for transactions in the online store. They are carried out on a secure page, using SSL technology to guarantee the security of data transmission.
The Service offered, and the prices of its eventual plans or modalities, will be available for purchase as long as they are accessible through this website.
In any case, Mobitracker reserves the right to make the modifications it deems appropriate in the Service, being able to update products and services depending on the market.
In relation to the prices that appear on the web, Mobitracker reserves the right to change them without prior notice.
We inform you that despite the updates that are made to the prices of the Service, they could contain mistakes. We will promptly correct any errors that appear, but they will not be binding on the Service.
All the rights that the laws in force guarantee you as a consumer and user are guaranteed.
In any case, although Mobitracker will make all reasonable commercial efforts to provide the Service, you understand that: a) the user's Mobitracker requires the express consent of the recipient and; b) that even with your consent, the state of technology does not guarantee that your location will always be obtained or that it can be done with sufficient precision.
In any case, and to the extent permitted by law, Mobitracker reserves the right to reject, suspend or cancel the provision of the Service at its sole discretion.
By using the Service you confirm that: a) you have obtained the telephone number that you intend to locate in a lawful way and with the prior consent of its owner and; b) that you do not intend to use the Service for any illicit purpose.
On the other hand, to the extent permitted by applicable legislation, Mobitracker will not be responsible for the eventual loss of data or programs derived from the use of the Service.
On the other hand, Mobitracker guarantees the security of the Service in accordance with the present technological knowledge.
However, Mobitracker cannot guarantee the total security of the Service, although it undertakes to correct and implement the appropriate corrective measures to correct a possible security breach as soon as possible.
The user agrees to notify the Service, immediately and via email to firstname.lastname@example.org, of any loss of information, unauthorized access or use by third parties or any situation that could lead to the impersonation of the identity of other users.
Mobitracker will not be responsible for the damage that may arise from the use of the Service if it is caused by unforeseeable technical problems or, being foreseeable, are unavoidable. Similarly,
Mobitracker will not be responsible when the faulty performance of the user, whether the sender or receiver of the message, causes the damage.
If you subscribe to our geolocation service, you will get a 48-hour trial for $0.99. In case you did not cancel the account, your subscription to the service is monthly for an amount of $39.99 and will be automatically renewed for the same period of time until its termination.
Unless you cancel your subscription, you authorize us to charge the corresponding monthly subscription fee to your payment method.
You can cancel your subscription to the Service at any time, and you will continue to have access to it until the end of your monthly billing period.
Refunds may be granted if the plan is cancelled prior to the end of the billing cycle and service have not been used or performed. To the extent permitted by law, if a service has already been performed during the month, then that month is non-refundabled and we do not provide refunds or payments for partial monthly subscription periods. If not yet performed and you have followed the terms, you can request a refund within 14 days of the date of the transaction.
To cancel the Service or request a refund, access your profile or contact us at: email@example.com
In the event that the credit card with which you signed up for the service does not have funds at the time of payment, the account will be canceled at the time
If you contract the Service, you will be contracting the supply of digital content not provided in material support.
Therefore, and from the moment in which the content has begun to be executed, you accept and understand that the right of withdrawal as established in art. 103 m) of the General Law for the Defense of Consumers and Users, text approved by Royal Legislative Decree 1/2007, of November 16.
We may update the terms and conditions of the Service in the future, as well as the features and functions of the Service itself.
We will inform you about the changes in terms and conditions by placing a notice in a prominent place on our website and / or by email.
If any clause included in our terms and conditions is declared, totally or partially, null or ineffective, it will only affect said provision or the part of it that is null or ineffective. Our terms and conditions will subsist in everything else, having such provision, or the part of it that is affected, by not placing it.
In order to simplify the resolution of claims through civil proceedings and reduce costs, we do not exclude the possibility of submitting to an Equity Arbitration of the Court of Arbitration of the Chambers of Commerce and Industry.
For any clarification, incident or claim, you can contact us through: E) mail: firstname.lastname@example.org
Address: Room 195 BINNEY ST APT 4202, CAMBRIDGE, MA, USA
Telephone: +1 310-912-3680