Locatify Terms of Service

See previous Terms of Service here 

Posted: 7th May 2020

Effective date: 7th May 2020

By accessing or using the Locatify publishing Service, client software, websites, or any other services (“Service”) from Locatify (“Locatify”, “us”, “we”, or “our”), you (Account Holder, “your”, “User”) agree to be bound by the following Terms of Service (“Terms”). The Terms always apply in their currently valid version. 

The Service is provided on an “as is” basis, and you agree to use them at your own risk. Violation of any of the Terms will result in the termination of your Account Service. Deviating Terms are not recognized provided Locatify does not expressly consent to their validity in textform.

By accessing or using the Service, you agree to be bound by the Terms, including Our Privacy Policy. If you disagree with any part of the Terms then you may not access or use the Service.

Definitions:

 

  • Service: All websites, software, and services offered and operated by Locatify.
  • User: Anyone that accesses and/or uses our Service.
  • Registered User: Any User that creates an account on our Service.

 

  1. Account Holder Information

You agree to provide accurate, current, and complete information (“User Data”) required to register with the Service. You hereby confirm that any User Data you have provided is accurate, up to date and complete. You further agree to maintain and update your User Data as required to keep it accurate, up to date, and complete.

To sign up for the Service, you need to accept the Terms, and an Account will be created for you. You are solely responsible for maintaining the confidentiality and security of your Account. You may not reveal your Account information to anyone else, allow anyone else to use your Account, or use anyone else’s Account.

You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Locatify of any unauthorized use of your Account or any other breach of security. Locatify is not responsible for any potential losses arising out of the unauthorized or other improper use of your Account.

  1. Terms & Conditions
  • You must be a real, live human being. Accounts registered by “bots” or other automated methods are not permitted.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
  • You are responsible for maintaining the security of your account and password. Locatify cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
  • One person or legal entity may not maintain more than one free account.
  • You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

2.1 Governing law / Jurisdiction

The Terms shall be governed in accordance with Icelandic law.

  1. Subscriptions, Payment and Refund Policies

3.1 Subscriptions

By  purchasing a premium subscription service, you agree to the Locatify´s Terms of Service. Registered Users may upgrade to the Premium Subscription service for an agreed monthly or yearly fee. An Account can be upgraded to a Premium Subscription Plan for accessing premium features and publishing options such as publishing projects to Locatify SmartGuide, TeachOUT, TurfHunt or custom branded apps.

The Subscription Plans and features are listed on the Locatify website (www.locatify.com/plans-pricing/).

Duration of the Service is selected by the user when upgrading their Account. The Service is activated on the date the purchase is completed, except in the case of the Short Event service where the Service duration expires after the users´ project has been published and the Service duration has been completed.

3.2 Payments

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription Service.

Accounts with premium services require a valid credit card or SEPA direct debit authorisation to enable premium features. Free accounts are not required to provide a credit card number. Locatify uses Valitor Iceland for secure online payments. You can read their privacy policy here.

By submitting such payment information, you automatically authorize Locatify to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Locatify will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Locatify, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

3.3 Payment information

Payments are processed using Valitor and are verified by 3DSecure. Locatify and Valitor do not store your real credit card details on our servers, but a virtual card number which enables payments.

3.4 Refund Policies

The Service is billed in advance with due day when the service period starts and is non-refundable. There will be no refunds or credits for a partial period of service, upgrade/downgrade refunds, or refunds for months unused with an open account.

If your monthly bandwidth usage exceeds the average usage of other Locatify customers, (as determined solely by Locatify) we reserve the right to examine your account and, if necessary, may require you to purchase additional bandwidth.

3.5 Creator CMS® Free Trial

Your free trial will end at the end of the specified trial period or when you decide to upgrade your Account to publish your project (s). During the free trial period, some or all of the Creator CMS features may be made available to you. At the end of the trial period, your account may be reduced to the limitations of the free trial account which can be found on the plans and pricing page.  Locatify reserves the right to adjust the free trial features, duration and inclusions at anytime.

3.6 Adding users to an Account

Premium subscriptions include the ability to add multiple users to a Creator CMS publisher account.  Additional user limits are specified in the subscription plans. This means users linked to the same publisher account can view and edit the project content, publish projects, and view scoreboard and reports. Each account has a specified billing user who is the user who upgraded the account. The Teacher License is a per seat model, where each user requires a subscription.

3.7 Fees and Taxes

For Icelandic purchases, VAT is applied to the sale and is reflected in the invoice and receipt. All other fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

3.8 Downgrading or changing subscription

For any upgrade or downgrade in plan level, your credit card that you provided will be charged the new rate when the next billing cycle begins.. Downgrading your Service may cause the loss of content, features, or capacity of your Account. Locatify does not accept any liability for such loss. If you have any concerns about this process, please contact us to discuss.

  1. Cancellation and Termination

Premium subscriptions can be canceled only upon the completion of your subscription contract period as set out in your contract or purchase confirmation. Once the subscription term has finished, you can cancel at any time by notifying Locatify in writing (info@locatify.com) or by cancelling your subscription via Account Settings > Subscriptions > Cancel subscription.

If you cancel the Service before the end of your subscription period, your cancellation will take effect immediately and you will be billed for the remainder of the subscription period.

Note that when you cancel your subscription, all additional users will lose access and premium features such as Premium Content templates will be removed. If you cancel or request your account to be deleted, all content will be permanently deleted from the Locatify servers.

Locatify reserves the right to refuse service to anyone for any reason at any time. Locatify, in its sole discretion, has the right to suspend or terminate your account and refuse the use of the Service. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.

Registered Users can request the deletion of their account by contacting us with their registered email address at info@locatify.com with an explicit message asking for the account deletion. Upon termination, your right to use the Service will immediately cease.

  1. Changes to the Service and Prices

Locatify reserves the right to update and change the Terms from time to time without notice. Any new features that augment or enhance the current Service, including the release of new features in the system, shall be subject to the Terms.

Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms at any time at www.locatify.com

Prices of all Services, including but not limited to annual subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice will be provided by us at any time by posting the changes to the Locatify Site (Locatify.com/pricing) or the subscription plan itself.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Locatify shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

  1. Intellectual Property Rights

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

All content posted on the Service must comply with Intellectual Property Rights  laws, both domestic and international.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in the Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Locatify reserves the right to modify and make available to play any game that has been made by a user with an Account not enrolled in a paid plan.

Locatify does not pre-screen Content, but has the right to refuse or remove any Content that is available via the Service.

The look and feel of the Service is copyright 2020 Locatify ehf. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Locatify.

Locatify retains all right, title, and interest in and to the Service, including without limitation all software used to provide the Service and all logos and trademarks reproduced through the Service, and the Terms do not grant you any intellectual property rights in the Service or any of its components.

If you have Locatify develop branded Smartphone applications in your name, you will not receive, or claim ownership to any software code from Locatify with this Service.

  1. General Conditions

Technical support is only provided to paying account holders and is only available via email.

You understand that Locatify uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You are fully responsible for not endangering users of your content by guiding them to places that are dangerous and can cause users physical or mental harm.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.

We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or the Terms of Service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Locatify customer, employee, member, or officer will result in immediate account termination.

You agree not to:

  • copy, modify, distribute, transmit, perform, display, reproduce, publish, license, transfer, create derivative works from, or sell any content or information offered on our Service;
  • decompile, decrypt, disassemble, read out, modify, reverse engineer, or copy our Service;
  • access, monitor, or copy any content or information of our Service using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
  • post, publish, transfer false or misleading content or information;
  • register and/or log in with an alias that masks your true identity;
  • remove copyright or other proprietary notices.

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

You must not transmit any worms or viruses or any code of a destructive nature. You expressly understand and agree that Locatify provides a software service that enables you to create, manage and publish mobile web applications.

Locatify does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

You expressly understand and agree that Locatify shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Locatify has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

The failure of Locatify to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms constitute the entire agreement between you and Locatify and govern your use of the Service, superseding any prior agreements between you and Locatify (including, but not limited to, any prior versions of the Terms). Questions about the Terms of Service should be sent to support at info@locatify.com

  1. Privacy Policy

When accessing our Website, Locatify, Inc. will learn certain information about you during your visit. How we will handle information we learn about you depends upon what you do when visiting our site.

If you visit our site to read or download information on our pages, we collect and store the following information about you:

  1. Username
  2. Email address
  3. Name
  4. Organisation Name (optional)
  5. Phone Number (optional)
  6. The name of the domain from which you access the Internet
  7. The date and time you access our site
  8. The Internet address of the website you used to link directly to our site.

If you identify yourself by sending us an e-mail containing personal information, then the information collected will be solely used to respond to your message.

The information collected is for statistical purposes. Locatify, Inc. may use software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.

For site security purposes and to ensure that this service remains available to all users, Locatify, Inc uses software programs to monitor network traffic to identify unauthorised attempts to upload or change information, or otherwise cause damage.

Locatify, Inc. will not obtain personally-identifying information about you when you visit our site, unless you choose to provide such information to us, nor will such information be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection.

Click here more information on our Privacy Policy.

  1. Trademarks

App Store, Apple®, Apple logo®, iPad®, iPhone®, iPod®, iPod touch®, iTunes® are trademarks of Apple Inc., registered in the U.S. and other countries. Android is a trademark of Google Inc. in the United States and other countries.

Windows is a registered trademark of Microsoft Corporation in the United States and other countries.

All other brand and product names are or may be trademarks of, and are used to identify products or services of, their respective owners.

  1. Marketing of user generated content

Locatify has the right to market any content which is published via the Locatify platform to our audience via the Locatify website, social media and email marketing. If you wish to opt out of this service, please write to Locatify at info@locatify.com.

  1. Software and Beta services

Some of our Services may allow you to download client software (“Software”) which may update automatically. So long as you comply with the Terms, we give you a limited, non exclusive, non transferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Service may be offered to you or under an open source license, we’ll make that license available to you and the provisions of that license may expressly, in textform, override some of the Terms.

We sometimes release products and features that we’re still testing and evaluating (“Beta Services”). Beta Services are labeled “alpha,” “beta,” “preview,” “early access,” or “evaluation” (or with words or phrases with similar meanings) and may not be as reliable as Locatify´s other services. Beta Services are made available so that we can collect user feedback, and by using our Beta Services, you agree that we may contact you to collect such feedback.

Beta Services are confidential until official launch. If you use any Beta Services, you agree not to disclose any information about those Services to anyone else without our permission.

  1. Final provisions

Should individual clauses of the Terms be wholly or partially invalid, this shall not affect the validity of the remaining clauses of this agreement. In place of unincluded or ineffective clauses, the respective statutory provision occurs. In the absence of such legal provision or if its application leads to a result that is unbearable for the User or Locatify, Locatify and the parties concerned will agree on an effective provision that comes as close as possible to the ineffective or unincluded provision.

The headings chosen under this agreement have no particular legal significance but are merely intended to facilitate understanding and reading of the Terms.