USER LICENCE AGREEMENT FOR THE “LOC-ME MOBILE” SATELICOM PRODUCT

1. Parties and object

These conditions govern the user licence between SATELICOM SRL, headquartered at Via Basilio Dalla Scola, n. 92 Vicenza, Italy, (hereinafter “Satelicom”) owner of the app Software, and the app Software user ( (hereinafter “User”).

These conditions of use govern all aspects to do with granting use of the “LOC-ME Mobile” app Software (hereinafter “the app”), which allows entitlement to all the functions described in these conditions of use, once the service contract has been signed.

The app provides the following options:

  1. Position: allows the user to share his position on an ongoing basis (by tracking) or by spot activating some security features. The position is communicated to the Satelicom operative center, which is responsible for providing security services and user support. The position is always sent by a consensual user action.
  2. Timer Service: allows an alarm to be sent in event that a countdown fails to stop that has been set and activated by the user, before the time elapses.
  3. Tracking: allows a position to be activated and sent to the servers used by Satelicom from the moment the function is activated until the time when the function is stopped by the user. The user is advised that this function will be disabled by default after 8 (eight) hours of it being activated.
  4. Area restriction: allows an alarm to be sent in the event that movement is made outside authorised area set on the app by the user;
  5. Man Down: allows a Man Down alarm to be sent in the event that the smart phone is found to be in a position greater that 20° vertically in relation to the ground for more than approx. five seconds;
  6. SOS button: allows an SOS alarm to be sent to the Operations centre to carry out the procedures stated in the service contract.
  7. NFC detection: allows the data of an NFC and its position to be detected and sent to the Satelicom server.
  8. Not all services and functions may be present on the User’s app as this depends on the type of contract negotiated between the User and Satelicom.

The Timer, Tracking, Area Restriction and Man Down functions, if activated, will be represented by appropriate icons on the home page of the app.

2. Copyright and intellectual property

The app is copyright protected, and is governed by national and international laws and practices.

The title and intellectual property rights to the licensed app (including but not limited to images and text), the attached printed material, and any copies are the property of Satelicom or its suppliers.

The title and intellectual property rights to content which is not included in the app, but which the User can still access through the app, are the property of the respective owners and may be protected by copyright or other laws and treaties on intellectual property.

This licence gives no right whatsoever to use such content.

The User hereby accepts that the app, and the related services, may involve the use of confidential information protected by the applicable laws of intellectual property, or by other national or international conventions and treaties.

3. Duration

This agreement will take effect from the date on which it is accepted by the User.

This Agreement is valid for the term of the “Service Agreement” which forms an inseparable part hereof.

This Agreement will be renewed for the same renewal period as the Service Agreement.

4. Use of the app

By entering into this Licence Agreement, the User is granted a personal, non-transferable, non-exclusive right to use the app exclusively on his/her own devices, in accordance with the provisions contained herein.

The services may only be utilised by Users who have a regular service agreement with Satelicom, who are up to date with their payments, and who have received an activation code by email. Satelicom may, at its sole discretion, amend the terms and conditions and duration of the licence, at any time.

On expiry of the term of the Service Agreement, or in any cases in which suspension or termination is permitted under that agreement, the app can no longer be used by User until the situations that led to the suspension or termination have been remedied. Any tolerance will not be construed as an acceptance of the changes to the contractual provisions or of these conditions.

To utilise the App, the Software must be downloaded, installed and utilised on the User’s own devices.

The User therefore accepts the following terms and conditions, as well as any changes that may be made at a later date, at the sole discretion of Satelicom. Satelicom may upgrade the app in the future, but is under no contractual obligation to do so. The latest version of the app will always be available on Google Play and on the Apple App Store. To access the services and utilise the App, the User may be required to provide the personal information necessary to identify him or her, or any other details needed to access and utilise the related services. The associated services will be agreed between the User and Satelicom in a separate agreement. Satelicom may not be held liable for any loss or damage resulting from the disclosure of inaccurate information by the User.

The User and/or Satelicom may interrupt the use of the App at any time. Satelicom may change, suspend or interrupt all or part of the services delivered through the app at any time without prior notice. The User accepts that SATELICOM will not be held liable towards the User or towards any third party in respect of any such changes, suspensions or interruptions.

In the event of loss or theft of the device on which the app has been downloaded, the User must immediately inform the relevant authorities and must only contact Satelicom subsequently, as provided for in the service agreement, to deactivate the app.

If the device is sold or transferred to a third party, the User must remove the app from the device.

5. Decoding, diffusing and modifying the Software. Prohibitions.

It is forbidden to reverse-translate the code of the app granted under licence, into other forms of code (decoding), other reconversions of the different phases of the app building process (reverse-engineering), as well as to integrate parts of the app or the results into different Software.

Protection systems must not be removed from the app, nor may the licence validity period be extended without authorisation.

Under no circumstances may the references to the author, logos or other characteristics identifying the product or app, be removed.

These provisions will remain in full force and effect even after termination of the Service Agreement.

6. Complaints about defects and product liability

If the app contains verified flaws or defects, Satelicom may, at its discretion, correct the app or issue a new, upgraded version. In such a case, the User may utilise the upgraded app at no additional cost. However, in such a case, Satelicom may decide which measures to take. Its decision will be final.

Without affecting the foregoing, the User is not entitled to claim any additional compensation from Satelicom in respect of any dispossession of the app and/or flaws or defects in the app.

Satelicom offers no guarantee that the app will be free from flaws and/or defects, or that it will meet the User’s specific requirements, nor that the quality of any product, service, information or other material acquired or obtained by the User via the app will meet the User’s expectations. No verbal or written information or advice obtained by the User from Satelicom will constitute a form of guarantee. Similarly, the User shall have no claim against any third party (person, company or institution) who contributed to developing the app.

Satelicom accepts no liability whatsoever in respect of any direct or indirect damage losses suffered by the User as a result of flaws and/or defects in the app, or associated with the use of the app. The User hereby expressly accepts that Satelicom and its partners will not be liable towards the User in respect of any direct or indirect, incidental, special or consequential losses, including but not limited to loss of profits, goodwill, use, data or other losses deriving from or in any way connected to the User’s use of the app.

The User hereby expressly accepts that use of the App is at his/her sole risk. The app is always supplied as seen and subject to availability.

7. Court of competent jurisdiction and applicable law

The Court of Vicenza will have sole jurisdiction in respect of any dispute that may arise in connection with the interpretation or application of this operating conditions.

If the customer is a consumer, the forum stipulated in the Consumer Code will apply.

This Agreement is governed by the laws of Italy.

8. Personal data protection

In accordance with (EU) Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 as subsequently amended (GDPR 2018), Users are informed by Satelicom, in its capacity as data controller of the personal data, that their personal data will be processed by Satelicom, even with the help of electronic and/or automated means, for purposes related to the execution of this Agreement and for conducting statistical activities.

The User is required to provide his or her personal details. Any refusal to supply them will result in the impossibility of executing this Agreement.

9. General provisions

This Agreement is non-transferable. No licence granted under the terms of this Agreement, nor any licensed material or copies of such material, may be signed or otherwise transferred by the User without the prior written consent of Satelicom. Any unilateral act aimed at transferring or assigning any right or obligation to from this Agreement shall be null and void. No amendments to this Agreement will be effective unless agreed in writing by the Parties.